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HomeMy WebLinkAbout2001-07-31 Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk~ Office, 356-5040. Iowa City ' City Council Agenda July 31, 2001 - 7:00 p.m. Emma 3. Harvat Hall - Civic Center 410 E. Washington Street www.icgov.org ITEM NO. 1. CALL TO ORDER. NO. 2. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS OR AMENDED. a. Approval of Official Council Actions for special meetings of July 9, 10, and 25, published subject to corrections, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Iowa City Airport Commission - June 14 (2) Iowa City Civil Service Commission - July 2 (3) Iowa City Human Rights Commission - May 22 (4) Iowa City Human Rights Commission - June 26 (5) Iowa City Public Library Board of Trustees - June 28 (6) Iowa City Telecommunications Commission - June 25 (7) Iowa City Telecommunications Commission - July 23 (8) Parks and Recreation Commission - June 13 (9) Planning and Zoning Commission - June 21 (10) Planning and Zoning Commission - July 5 (11 ) Rules Committee Meeting - July 6 Recommendations: Approve the changes as approved by the Animal Care and Adoption Center Advisory Board on March 28. Approve the changes as approved by the Police Citizens Review Board on May 8, 2001. c. Motions. (1) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $37,918,009.81 FOR THE PERIOD OF JUNE 1 THROUGH JUNE 30, 2001, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE. d. Permit Motions and Resolutions as Recommended by the City Clerk. New. (1) Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. City of Iowa City MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk DATE: July 30, 2001 RE: Additions to Consent Calendar ITEM NO. 2d(6) Class B Beer Permit for CM Management Services, LLC, dba Duds n' Suds, 5 Sturgis Corner Drive. (New) ITEM NO. 2g(55) Rhys Jones - Lexington Barrier (Staff response included) 2g(56) Julie Kearney - smoking 2g(57) Lesley and John Menninger - smoking ITEM NO. 5 (Revised) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLLEGE STREET NEWS D/B/A COLLEGE STREET OASIS. Comment: College Street Oasis paid the civil penalty of $300 and a hearing will not be necessary. A revised resolution accepting payment has been prepared and will be considered by Council in lieu of the resolution assessing the penalty. July 31, 2001 City of Iowa City Page 2 (2) Temporary 5-Day Class B Beer Permit for Regina Fall Fun Festival, Inc., dba Regina Fall Fun Festival Tent A, 2120 Rochester Ave. (8/31/01 - 9/4/01) (3) Temporary 5-Day Class B Beer Permit for Regina Fall Fun Festival, Inc., dba Regina Fall Fun Festival Tent B, 2120 Rochester Ave. (8/31/01- 9/4/01) (4) Temporary 5-Day Outdoor Service Area for Regina Fall Fun Festival, Inc., dba Regina Fall Fun Festival Tent A, 2120 Rochester Ave. (8/31/01 - 9/4/01) (5) Temporary 5-Day Outdoor Service Area for Regina Fall Fun Festival, Inc., dba Regina Fall Fun Festival Tent B, 2120 Rochester Ave. (8/31/01 - 9/4/01) (6) Class C Liquor License for James J. Tucker dba Tuck's Place, 210 N. Linn St. (7) Class C Liquor License for KLDP, Inc., dba One Twenty Six, 126 E. Washington St. (8) Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St. (9) Outdoor Service Area for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St. (10) Class C Liquor License for New Walt's , Ltd., dba Memories, 928 Maiden Lane. o~-~q- (11) Resolution to issue Dancing Permit to New Walt's, Ltd., dba Memories, 928 Maiden Lane. oJ- 2._15 (12) Resolution to issue Cigarette Permit to Justin Jones and Ronald Portier dba Tobacco Republic, 114 1/2 E. College St. (New) e. Setting Public Hearings. ol - ?--I (,, (1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR AUGUST 21 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE SEATING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION Comment: This is the first phase of an additional improvement to the Riverside Festival Stage in City Park. It is a cooperative effort with Riverside Theatre and entails the excavation and concrete work necessary to prepare the area for permanent seating. Once this phase is completed, Riverside Theatre will be purchasing and installing the seats. Funding sources include GO Bonds and contributions from Riverside Theatre. City of Iowa City MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk DATE: July 30, 2001 RE: Additions to Consent Calendar ITEM NO. l(b) Mayor's Proclamation: .... !rving B. Weber Day _------ ~ ~TEM NO. 2d(6) Class B Beer Permit for CM Management Services LLC dba Duds n' Suds, _5 Sturgis Corner Drive. (Ne ITEM NO. 2g(55) Rhys Jones - Lexington Barrier (Staff response ~nc~uded) 2g(56) Julie Kearney - smoking 2g(57) Lesley and John Menninger - smoking ITEM NO. 5 (Revised) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLLEGE STREET NEWS D/B/A COLLEGE STREET OASIS. Comment: College Street Oasis paid the civil penalty of $300 and a hearing will not be necessary. A revised resolution accepting payment has been prepared and will be considered by Council in lieu of the resolution assessing the penalty. July 31, 2001 City of Iowa City Page 3 f. Resolutions. ol- Zl 7 (1) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE MILL, 120 EAST BURLINGTON STREET, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2001). Comment: This Resolution accepts payment of a $300.00 civil penalty, authorized by Iowa Code section 453A.22(2), from The Mill, 120 East Burlington Street. Section 453A.22(2) provides that a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee is convicted of or pleads guilty to selling or providing tobacco to a minor. By making this payment and signing the appropriate waiver, The Mill waives its statutory right to have a hearing on whether the civil penalty should be assessed. DI - 7_..~ ~ (2) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM CITY PLAZA HOTEL CHAUNCEY'S N/K/A MORGAN'S, 210 SOUTH DUBUQUE STREET, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2001). Comment: This Resolution accepts payment of a $300.00 civil penalty, authorized by Iowa Code section 453A.22(2), from City Plaza Hotel Chauncey's n/k/a Morgan's, 210 South Dubuque Street. Section 453A.22(2) provides that a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee is convicted of or pleads guilty to selling or providing tobacco to a minor. By making this payment and signing the appropriate waiver, City Plaza Hotel Chauncey'sn/k/a Morgan's waives its statutory right to have a hearing on whether the civil penalty should be assessed. o/- ~-I ¢/ (3) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM SUBURBAN AMOCO - KEOKUK STREET, 1905 SOUTH KEOKUK STREET, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2001). Comment: This Resolution accepts payment of a $300.00 civil penalty, authorized by Iowa Code section 453A.22(2), from Suburban Amoco - Keokuk Street, 1905 South Keokuk Street. Section 453A.22(2) provides that a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee is Convicted of or pleads guilty to selling or providing tobacco to a minor. By making this payment and signing the appropriate waiver, Suburban Amoco - Keokuk Street waives its statutory right to have a hearing on whether the civil penalty should be assessed. July 31, 2001 City of Iowa City Page 4 o~- Z.?_.D (4) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DEADWOOD TAVERN, 6 DUBUQUE STREET, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2001). Comment: This Resolution accepts payment of a $300.00 civil penalty, authorized by Iowa Code section 453A.22(2), from Deadwood Tavern, 6 Dubuque Street. Section 453A.22(2) provides that a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee is convicted of or pleads guilty to selling or providing tobacco to a minor. By making this payment and signing the appropriate waiver, Deadwood Tavern waives its statutory right to have a hearing on whether the civil penalty should be assessed. A hearing was set on July 10; however, a hearing will not be conducted due to receipt of waiver and payment. o!- Z-7-1 (5) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HANDIMART, 2545 NORTH DODGE STREET, PURSUANT TO IOWA CODE SECTION 453A.22(2) (200'1). Comment: This Resolution accepts payment of a $300.00 civil penalty, authorized by Iowa Code section 453A.22(2), from Handimart, 2545 North Dodge Street. Section 453A.22(2) provides that a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee is convicted of or pleads guilty to selling or providing tobacco to a minor. By making this payment and signing the appropriate waiver, Handimart waives its statutory right to have a hearing on whether the civil penalty should be assessed. o/- Z~?-- (6) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM MALONE'S, 121 IOWA AVENUE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2001). Comment: This Resolution accepts payment of a $300.00 civil penalty, authorized by Iowa Code section 453A.22(2), from Malone's, 121 Iowa Avenue. Section 453A.22(2) provides that a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee is convicted of or pleads guilty to selling or providing tobacco to a minor. By making this payment and signing the appropriate waiver, Malone's waives its statutory right to have a hearing on whether the civil penalty should be assessed. o l - 7_7_..~ (7) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 814 EAST JEFFERSON STREET, IOWA CITY, IOWA. Comment: The owners of the property located at 814 East Jefferson Street received assistance through the City's Downpayment Assistance Program totaling $3,000. The financing was in the form of a conditional occupancy loan. The loan has been paid off; thus the lien can now be released. July 31, 2001 City of Iowa City Page 5 (8) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 730 EAST COLLEGE STREET, IOWA CITY, IOWA. Comment: The owner of the property located at 730 East College Street received assistance through the City's Rental Rehabilitation Program for the amount of $14,000. The financing was in the form of a ten-year declining balance loan. The terms of the lien have been satisfied; thus the lien can now be released. Z.?_.,S (9) CONSIDER A RESOUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1830 HIGH STREET, IOWA CITY, IOWA. Comment: Hills Bank and Trust Company, Iowa City, Iowa has requested that the City approve a Subordination Agreement for 1830 High Street. On September 14, 2000, the owner (Greater Iowa City Housing Fellowship) of the property received a loan from the HOME Investment Partnership Fund and a Mortgage for a total of $25,550. Hills Bank and Trust Company is about to finance a first mortgage to the property owner for the amount of $106,603. The property is appraised for more than $132,153 which provides enough equity to cover the City's second lien position, which was it's original position. (10) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2000 PAVEMENT MARKING PROJECT. Comment: See Engineer's Report. (11) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PHASE I OF WINDSOR RIDGE - PART FIFTEEN, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. g. Correspondence. (1) Amy Fletcher - smoking (2) Miles Weinberger - smoking (3) Katharine Nicholson - smoking (4) Vivien and Ron Strauss - smoking (5) Lisa Bradley-smoking (6) Kathy Funk - smoking (7) John Yutzy - smoking (8) David and Renee Gould - smoking (9) Karla Wysocki - smoking (10) Cheryl Carrington - smoking (11 ) Anne Gasperetti - smoking (12) Roberta TilI-Retz - smoking July 31, 2001 City of Iowa City Page 6 (13) Suzette Weaver- smoking (14) Filippo and Colleen Menczer - smoking (15) Carl and Diana Jens - smoking (16) Fran Mohr-smoking (17) Trista Treglowne & Dan Schraith - smoking (18) Lois and Eugene Coon - smoking (19) Colleen Carey Menczer - smoking (20) E. Elaine Jennings - smoking (21) Paula Rediger - smoking (22) J. Ashley Calkins - smoking (23) Wanda Boeke - smoking (24) Betty Wood - smoking (25) Daryl Sawin - smoking (26) Patricia Ceponis - smoking (27) Elizabeth Knight - smoking (28) Barbara Elias - smoking (29) Rita Krause - smoking (30) Kimberly Lanaghan - smoking (31) Jill Fishbaugh - smoking (32) Judy Welch - smoking (33) Dawn Chervek - smoking (34) Sheila Baldwin - smoking (35) Julie Bobitt - smoking (36) Dana Williams - smoking (37) Carole Brechmille - smoking (38) Marian and John Maxwell - smoking (39) Leora Hein - smoking (40) Jeanne Bock - smoking (41) Diane Siglin - smoking (42) Barbara Wiemer - sidewalk along First Avenue (43) Anthony Chavez - sidewalk along Langenberg Avenue (44) Larry and Joyce Shatek - alcohol (45) Catherine Johnson - rail (46) Joe Chifari - downtown (47) Dave Dowell - City investment (48) Mike Lehman (JC Board of Supervisors) - parking along Capitol Street (49) Rebecca Soglin - wetlands expert (50) Alexandria Schaeffel - Highland Avenue traffic calming (51) Eldon and Larry Prybil - plat [received after Council consideration] (52) Carol Peters - appreciation (53) Wayne Petersen - The Bicentennial Farm Project (54) Rick Dvorak (Johnson County) - meeting City of Iowa City MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk DATE: July 30, 2001 RE: Additions to Consent Calendar ITEM NO. l(b) Mayor's Proclamation: Irving B. Weber Day ITEM NO. 2d(6) Class B Beer Permit for CM Management Services, LLC, __-- dba Duds n' Suds, 5 Sturgis Corncr Drive. (New~ ITEM NO. 2g(55) Rhys Jones - Lexington Barrier (Staff response included) 2g(56) ' - ' ITEM NO. 5 (Revised) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLLEGE STREET NEWS D/B/A COLLEGE STREET OASIS. Comment: College Street Oasis paid the civil penalty of $300 and a hearing will not be necessary. A revised resolution accepting payment has been prepared and will be considered by Council in lieu of the resolution assessing the penalty. July 31, 2001 City of Iowa City Page 7 END OF CONSENT CALENDAR. ITEM NO. 3. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). Public Discussion will be continued, if necessary, prior to "City Council Information" item. ITEM NO. 4. PLANNING AND ZONING MATI'ERS. a. Consider a motion setting a public hearing for August 21 on an ordinance to rezone approximately 30.11 acres of property from Rural Residential, RR-1, to Sensitive Areas Overlay - Low Density Single Family Residential, OSA-5, located at the west end of Bristol Drive. (REZ01-00011 ) Comment: At its July 19 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed rezoning. Staff recommended approval in a report dated June 21. Action: July 31, 2001 City of Iowa City Page 8 b. An ordinance amending the Zoning Code, Section 14-6E-8 Central Business Zone, to allow dwellings on or below the ground floor of Historic Landmark Buildings by special exception. Comment: At its June 21 meeting by a vote of 2-5, the Planning and Zoning Commission recommended that the amendment not be approved. Staff recommended approval of the amendment in a memorandum dated June 15. The amendment will allow consideration of alternative uses for the Historic Library Building as well as other Historic Landmarks in the CB-10 zone. The applicant requests expedited consideration. (1) Public Hearing (continued July 10) (2) Consider an Ordinance (First Consideration) (deferred July 10) 26.88 acres of properly located south and east of Scott Boulevard and Rochester Avenue, and 6.22 acres of prope~y Io~ted east of Scott Boulevard and south of Lower West Branch Road. (ANN99-00003) Comment: At its June 21 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the proposed annexation. Staff recommended approval in a repo~ dated June 7. d. Public hearing on an ordinance to rezone approximately 38.24 acres from Low Density Single Family, RS-5, County Highway Commercial, CH, County Lo~l Commercial, C1 and County Multi-Family, R3A to Community Commercial, CC-2 (10.99 acres), Medium Density Single Family, RS-8 (21 acres), and Low Density Single Family, RS-5 (6.22 acres) for prope~y located east of Scott Boulevard and south of Rochester Avenue and Lower West Branch Road. (REZ99-00017) Comment: At its June 21 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the proposed rezoning, subject to approval of a conditional zoning agreement that addresses the general neighborhood design standards in the Noaheast District Plan, general conformance to the concept plan submitted with the appli~tion, and the contribution of funds toward the reconstruction of Lower West Branch Road. Staff recommended approval subject to conditions in a repo~ dated June 7. July 31, 2001 City of Iowa City Page 9 e. Public hearing on a resolution approving the annexation of approximately 95.2 acres of property located north of Court Street, south of Lower West Branch Road, and east of Hummingbird Lane / Scott Park Drive, and approximately 10 acres of property located south of Lower West Branch Road and east of Hummingbird Lane. (ANN01-00001) Comment: At its June 21 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the proposed annexation. Staff recommended approval in a report dated June 7. Correspondence included in Council packet. property from, Suburban Residential, CounW RS, to Low DensiW Single Family, RS-5 (45.08 acres) and Medium Density Single Family, RS-8 (60.13 acres), for pmpe~ located nodh of Coud Street, south of Lower West Branch Road, and east of Hummingbird Lane. (REZ01-00004) Comment: At its June 21 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the proposed rezoning, subject to approval of a conditional zoning agreement that addresses the general neighborhood design standards in the Noaheast District Plan, the contribution of funds toward the reconstruction of Lower West Branch Road, and the dedi~tion of sewer easements. Staff recommended approval subject to conditions in a mpo~ dated June 7. ol- ~9~ ~ g. Consider an ordinance ~e zoning c~ding the Planned Development Housing Overlay, OPDH-8, plan for Arbor Hill, an 8.2 acre 17-unit residential development, located noah of Washington Street on Arbor Hill Circle. (REZ01-00006) (Pass and Adopt) Comment: At its May 3 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in an April 19 staff repod. July 31, 2001 City of Iowa City Page 10 h. Consider an ordinance changing the zoning designation from General Industrial (I-1) to Intensive Commercial (C1-1) for approximately 12.09 acres located on the south side of Highway 1. (REZ01-00002). (Pass and Adopt) Comment: At its March 15 meeting by a vote of 5-0 the Planning and Zoning Commission recommended approval of this rezoning subject to a conditional zoning agreement addressing the development's landscaping, building and wall design, signs, vehicular access and the runway protection zone. At its May 17 meeting by a vote of 6-0, the Planning and Zoning Commission recommended approval of revisions to the Draft Conditional Zoning Agreement. Staff recommended approval in a report dated March 1. (Deferred July 10.) ~ i. Conside~o~proving the final plat of Walnut Ridge, Parts 9 and 10, a 20.67 acre, 12-1ot residential subdivision Io~ted at the nodh end of Kennedy Parkway. Comment: At its July 19 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval subject to approval of legal papers and ~nstruction plans prior to Council consideration. Legal papers and construction plans are being reviewed. Staff recommended approval in a repo~ dated July 19. Action: d~~/~ '~ ' ~ C' ~~ Riverside Drive and south of Highway 1. (SUB00-0021) Comment: At its October 5, 2000 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the final plat, subject to approval of legal papers prior to Council consideration. Legal papers have been approved. Staff reammended approval in a repo~ dated October 3, 2000. Staff recommends that Item 14 (Aviation Commerce Park Financing Agreement) be taken out of order and considered prior to consideration of this item. July 31, 2001 City of Iowa City Page 11 o / - z2_~ ~> k. Consider a resolution approving the final plat of Stone Bridge Estates Part One, a 4.93 acre, 16-lot with one outlot residential subdivision located north of Court Street and west of Taft Avenue. Comment: At its July 5 meeting, by a vote of 4-0, the Planning and Zoning Commission recommended approval of the final plat subject to approval of legal papers and construction plans prior to Council consideration. Legal papers and construction plans have been approved. Staff recommended approval in a report dated July 5. Action: ITEM NO. 5. A $300.00 CIVIL PENALTY AGAINST COLLEGE COLLEGE STREET OASIS, 116 EAST COLLEGE STREET, PURSUANT TO IOWA CODE SECTION 453A.22(2) Comment: This hearing is the time designated for the Council to consider whether a Resolution should be adopted assessing the $300.00 civil penalty authorized by Iowa Code section 453A.22(2) against College Street News d/b/a College Street Oasis, 116 East College Street. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee is convicted of or pleads guilty to selling or providing tobacco to a minor. As a part of the hearing, the Council will be provided with information establishing an employee of permit holder College Street News d/b/a College Street Oasis was convicted of or pied guilty to a charge of selling or providing tobacco to a minor. The permit holder's representative will then have the opportunity to provide the Council with information s/he deems appropriate. The Council will then decide whether to assess the requested civil penalty and, if it decides to do so, will adopt an appropriate Resolution. The hearing will not provide the opportunity for public comment. Correspondence from Assistant County Attorney outlining procedures included in Council packet. .r~ ' Action: ON ASSESSING City of Iowa City M MORANDUM TO: Mayor, City Council, General Public FROM: City Clerk DATE: July 30, 2001 RE: Additions to Consent Calendar ITEM NO. l(b) Mayor's Proclamation: Irving B. Weber Day ITEM NO. 2d(6) Class B Beer Permit for CM Management Services, LLC, dba Duds n' Suds, 5 Sturgis Corner Drive. (New) ITEM NO. 2g(55) Rhys Jones - Lexington Barrier (Staff response included) 2g(56) Julie Kearney - smoking ~___ 2g(57) Lesley and John Menning~r - smnkinq ~1- Zz'~ CONSIDER A RESOLUTION ACCEPTING PAYMENT OF COLLEGE STREET OASIS. accepting payment has been prepared and will be / idered by Council in lieu of the resolution assessing the / penalty. ' July 31, 2001 City of Iowa City Page 12 ITEM NO. 6. $300.00 CIVIL PENALTY AGAINST GABE'S, 330 EAST WASHINGTON STREET, PURSUANT TO IOWA CODE SECTION 453A.22(2) Comment: This hearing is the time designated for the Council to consider whether a Resolution should be adopted assessing the $300.00 civil penalty authorized by Iowa Code section 453A.22(2) against Gabe's, 330 East Washington Street. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee is convicted of or pleads guilty to selling or providing tobacco to a minor. As a part of the hearing, the Council will be provided with information establishing an employee of permit holder Gabe's was convicted of or pied guilty to a charge of selling or providing tobacco to a minor. The permit holder's representative will then have the opportunity to provide the Council with information s/he deems appropriate. The Council will then decide whether to assess the requested civil penalty and, if it decides to do so, will adopt an appropriate Resolution. The hearing will not provide the opportunity for public comment. Correspondence from Assistant County Attorney outlining procedures included with Item #5. a. CONDUCT HEARING b. CONSIDER A RESOLUTION ASSESSING July 31, 2001 City of Iowa City Page 13 ITEM NO. 7. A $300.00 CIVIL PENALTY AGAINST PLAMOR BOWLING INC., 1555 1sT AVENUE, PURSUANT TO IOWA CODE SECTION 453A.22(2). Comment: This hearing is the time designated for the Council to consider whether a Resolution should be adopted assessing the $300.00 civil penalty authorized by Iowa Code section 453A.22(2) against Plamor Bowling Inc., 1555 1st Avenue. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee is convicted of or pleads guilty to selling or providing tobacco to a minor. As a part of the hearing, the Council will be provided with information establishing an employee of permit holder Ramor Bowling Inc., 1555 1st Avenue, was convicted of or pied guilty to a charge of selling or providing tobacco to a minor. The permit holder's representative will then have the opportunity to provide the Council with information s/he deems appropriate. The Council will then decide whether to assess the requested civil penalty and, if it decides to do so, will adopt an appropriate Resolution. The hearing will not provide the opportunity for public comment. Correspondence from Assistant County Attorney outlining procedures included with Item #5. a. CONDUCT HEARING Action: /J~) .~ 7.-:51 b. CONSIDER A RESOLUTION ASSESSING Action: g2'ZQ~t't"tl~"'g"'g'/~/'T/¢~' //c/~ ~'//_2 July 31, 2001 City of Iowa City Page 14 ITEM NO. 8. A $300.00 CIVIL PENALTY AGAINST WAL-MART (STORE NO. 1721), PURSUANT TO IOWA CODE SECTION 453A.22(2) Comment: This hearing is the time designated for the Council to consider whether a Resolution should be adopted assessing the $300.00 civil penalty authorized by Iowa Code section 453A.22(2) against WaI-Mart (Store No. 1721), 1001 Highway I West. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee is convicted of or pleads guilty to selling or providing tobacco to a minor. As a part of the hearing, the Council will be provided with information establishing an employee of permit holder WaI-Mart (Store No. 1721 ) was convicted of or pied guilty to a charge of selling or providing tobacco to a minor. The permit holder's representative will then have the opportunity to provide the Council with information s/he deems appropriate. The Council will then decide whether to assess the requested civil penalty and, if it decides to do so, will adopt an appropriate Resolution. The hearing will not provide the opportunity for public comment. Correspondence from Assistant County Attorney outlining procedures included with Item #5. a. CONDUCT HEARING Action: ,Z~:/j ,~ ~ ?~3, Z- b. CONSIDER A RESOLUTION ASSESSING Action: /{/~///:~/~" ITEM NO. 9. P~NS, SPECIFICATIONS, FORM OF CONTACT, COST FOR CONSTRUCTION OF THE CI~ OF IOWA Clff ROBERT A. LEE RECREATION CENTER HVAC INSTAL~TION AND BOILER REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURI~ TO ACCOMPANY EACH BID, DIRECTING CI~ CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND P~CE FOR RECEIPT OF BIDS. Comment: This project involves replacing the existing boilers with new energy efficient units before the heating season of 2001-2002 and installing a HVAC system in the gymnasium of the Robe~ A. Lee Recreation Center. The Engineer's Estimate is $~and will be funded by G.O. Bonds. I 15 a. PUBLIC HEARING Action: ~ ol- Z~ b. CONSIDER A RESOLUTION APPROVING / July 31, 2001 City of Iowa City Page 15 ITEM NO. 10. CONVEYANCE OF AN UNDEVELOPED PORTION OF WOOLF AVENUE FROM MCLEAN STREET SOUTH FOR A DISTANCE OF 240 FEET TO CRAIG SYROP, ANNE SADLER, M. ALICE SAHS, AND MARITA MCGURK EICHER. Comment: On July 10, 2001, the City Council adopted an ordinance vacating an undeveloped portion of WooIf Avenue from McLean Street South for a distance of 240 feet, subject to City retention of a blanket Sanitary and Storm Sewer Easement over the vacated property. Craig Syrop and Anne Sadler, as owners of adjacent property, have offered the sum of $1,032 for the easterly one-half of the vacated property. M. Alice Sahs, as the owner of adjacent property, has offered the sum of $516 for the southerly one-half of the westerly one-half of the vacated property. Marira McGurk Eicher, as the owner of adjacent property, has offered the sum of $516 for the northerly one half of the westerly one-half of the vacated property. The amounts offered are consistent with the fair market valuation listed on the assessment rolls for comparable properties. This Resolution authorizes the City Council's conveyance of the above property to Dr. Syrop, Ms. Sadler, Ms. Sahs, and Ms. Eicher. a. PUBLIC HEARING Action: Y~ ~_, ~ ol - Z& ~ b. CONSIDER A RESOLUTION AUTHORIZING / July 31, 2001 City of Iowa City Page 16 ITEM NO. 11. CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1605 DICKENSON LANE. Comment: The Iowa City Housing Authority, under its Affordable Dream Home Program, proposes to sell 1605 Dickenson Lane. The amount of the sale will be $135,000, which is $2,000 less than the appraised value of the home. The funding source, federal HOME funds, limits the purchase price to a maximum of $135,000. The family began receiving Section 8 rental assistance through the Iowa City Housing Authority in June 2000, paying only $110 per month toward rent. The family now pays the full rental amount of $750 per month and has saved $3,000 for the down payment on their new home. The family received a written commitment for a mortgage from a local bank in the amount of $108,000. The City will provide a second mortgage for the remaining $24,000. This sale will provide the opportunity for a low- income family to obtain ownership of their own home. a. PUBLIC HEARING Action: DI -- Z~ b. CONSIDER A RESOLUTION AUTHORIZING O. 12. ORDINANCES AMENDING SECTION 1-9-3B OF CODE OF O~D~ACES OF IOWA CITY, ESTBALISHING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY; AND AMENDING SECTION 1-5-1 OF THE ~'~ ~ CODE OF ORDINANCES OF IOWA CITY, ESTABLISHING THE VOTING ~~_~l.~ PRECINCTS THAT COMPRISE THE THREE CITY COUNCIL DISTRICTS. Comment: Precinct boundaries become effective January 15, 2002, and do not affect this November's election. Precincts are required to follow state ~\~ house and senate district boundaries; precincts plans are required to be ~ \o,, established by ordinance following a required public hearing; and approved plans must be submitted to the Secretary of State before September 1, 2001. ,~ '~O If a plan is not submitted, the Secretary of State will redraw the plans and may ~ ,,~.\ assess the cost to the City. ,~ ~.'~ a. PUBLIC HEARING b. CONSIDER ORDINANCE AMENDING SECTION 1-9-3B c.CONSIDER ORDINANCE AMENDING SECTION 1-5-1 Action: ~~/~ ~ July 31, 2001 City of Iowa City Page 17 ITEM NO. 13. CONSIDER AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE TO INCREASE WATER SERVICE AND FEES IN IOWA CITY, IOWA. (SECOND CONSIDERATION) Comment: This ordinance increases the charge for meters and meter reading devices by $50. This change in meter charges is necessary to recover the cost of providing meters and meter reading devices for new construction and/or a new expanded customer base. Action: ITEM NO. 14. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I'I'EST THE AVIATION COMMERCE PARK FINANCING AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE IOWA CITY AIRPORT COMMISSION OF IOWA CITY, IOWA. Comment: The Airport Commission, as the manager of an approximate 54 acre tract adjacent to the Iowa City Airport, desires to develop said property to establish seventeen commercial/industrial lots and two outlots. To develop said property, certain infrastructure needs to be constructed and installed to support the development, and the costs of such infrastructure exceed the annual operations budget of the Airport Commission. In an effort to bolster the City's tax base and enable the Commission to become financially self-sufficient from City property tax supported subsidies and the general fund, the City and Airport Commission have negotiated an agreement under which the City will provide the Commission with funds for the installation of necessary infrastructure and the Commission will reimburse the City from revenue realized from the development. This Resolution authorizes the Mayor to sign and the City Clerk to attest the Aviation Commerce Park Financing Agreement between the City and the Commission for the development of the North Airport Development. This item should be taken out of order and considered prior to consideration of item 4(j) (final plat of the North Airpod Development). Staff recommends that this item be taken out of order and considered prior to consideration of Item 4j. July 31, 2001 City of Iowa City Page 18 ITEM NO. 15. CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN Z z./. '7 THE CITY OF IOWA CITY AND THE NATIONAL SCULPTORS' GUILD WITH AND THROUGH ITS ARTIST FOR THE LIBRARY PAD OF THE DOWNTOWN PEDESTRIAN MALL AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'I'I'EST THE SAME. Comment: At its October 12 meeting, the Public Art Advisory Committee recommended by a 5-0 vote to select The Ties that Bind, a work of Jane DeDecker for the Library pad of the downtown pedestrian mall. The City Council affirmed this selection of artists and sculptures for the sculpture pads at their October 17 meeting by adopting Resolution 00-352. ITEM NO. 16. CONSIDER A RESOLUTION APPROVING THE CALLS TO ARTIST FOR THE ART PROJECTS IN THE NEAR SOUTHSIDE TRANSPORTATION CENTER. Comment: These calls are for the art components of the Near Southside Transportation Center. Both calls are recommended by the Public Art Advisory Committee. The art projects involve a fence around the daycare center play area and parking level signage within the building. This is part of the FTA grant which means the grant will cover 80% of the total project cost for each item; the remaining 20% (a total of approximately $8,170) will come from local public art funds. ITEM NO. 17. CONSIDER A RESOLUTION APPROVING A TEN-YEAR DECLINING PERCENTAGE TAX INCREMENT FINANCING PROPERTY TAX REBATE TO ASSIST SEABURY & SMITH WITH A NEW FACILITY IN IOWA CITY. Comment: Seabury & Smith requests a ten-year declining percentage TIF property tax rebate for a new building located in the Northgate Corporate Park Urban Renewal Area the business proposes to lease from Southgate Development. The proposed Seabury & Smith facility is located in Northgate Corporate Park. Action: (~~_~p~' ~ July 31, 2001 City of Iowa City Page 19 ITEM NO. 18. CONSIDER A RESOLUTION APPROVING A FIVE-YEAR ONE HUNDRED z~,l PERCENT TAX INCREMENT FINANCING PROPERTY TAX REBATE TO ASSIST OWENS-BROCK1/VAY PLASTIC PRODUCTS, INC. WITH A NEW MANUFACTURING FACILITY IN IOWA CITY. Comment: Owens-Brockway Plastic Products requests a five-year one hundred percent TIF property tax rebate for a new building located in the Scott-Six Industrial Park Urban Renewal Area. The proposed project is locate in the Scott-Six Industrial Park. Aotion: (~j'.//~~/~V~_,t~-'~,~ '~//~ ITEM NO. 19. CONSIDER A RESOLUTION ESTABLISHING A COUNCIL ECONOMIC Z5 ?~ DEVELOPMENT FUND. Comment: At its June 28, 2001, meeting, the City Council Economic Development Committee voted to recommend approval of economic development financial assistance program descriptions and eligibility guidelines. This resolution establishes one of the economic development funds that the Committee recommends approval of the program description and eligibility guidelines. A memorandum is included in Council packet. Action: ITEM NO. 20. CONSIDER A RESOLUTION ESTABLISHING A COUNCIL ECONOMI~ Z3cj DEVELOPMENT CAPITAL FUND. Comment: See previous item comment. A memorandum is included in Council packet. Action: ITEM NO. 21. CONSIDER A RESOLUTION ESTABLISHING A COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT FUND. Comment: See previous item comment. A memorandum is included in Council packet. Action: July 31, 2001 City of Iowa City Page 20 ITEM NO. 22. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO A'I'I'EST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY SKATE PARK. Comment: Bids for this project were opened July 24, 2001, at 2:00 p.m. The following bids were received: MBA Concrete, Inc. - North Liberty $303,737.80 All American Concrete, Inc. - West Liberty $307,071.00 Peterson Contractors, Inc.- Reinbeck $315,459.66 McComas-Lacina Construction - Iowa City $366,625.21 Consultant's Estimate $312,000.00 The Parks and Recreation Director recommends award of the contract to MBA Concrete, Inc. for the low bid of $303,737.80. ITEM NO. 23. CONSIDER A RESOLUTION AWARDING CONTRACT AND Z,fT.- AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE RECONSTRUCTION OF THE CITY PARK TRAILS. Comment: Bids for this project were opened July 26, 2001, at 10:30 a.m. Results wiil be distributed at Council's July 30 Work Session. Consultant's Estimate $295,000 Action: ITEM NO. 24. CONSIDER A RESOLUTION AWARDING ~/'~CTr~~ AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE HUNTERS RUN PARK. Comment: Bids for this project were opened July 26, 2001, at 10:30 a.m. Results will be distributed at Council's July 30 Work Session. Consultant's Estimate $245,000 REVISED AGENDA ITEMS FOR JULY 31, 2001 CITY COUNCIL MEETING ITEM NO. 23 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE RECONSTRUCTION OF THE CITY PARK TRAILS. Comment: Bids for this project were opened July 26, 2001, at 10:30 a.m. The following bids were received: L. L. Pelling Co. - North Liberty $266,279.47 Peterson Contractors - Reinbeck $288,655.00 MBA Concrete - North Liberty $410,079.00 Consultant's Estimate $295,000.00 The Parks and Recreation Director recommends awarding the contract to L. L. Pelling Co. for the low bid of $266,279.47. ITEM NO. 24 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE HUNTERS RUN PARK. Comment: Bids for this project were opened July 26, 2001, at 10:30 a.m. The following bids were received: L. L. Pelling Co. - North Liberty $234,561.57 Peterson Contractors - Reinbeck $243,243.50 Consultant's Estimate $245,000.00 The Parks and Recreation Director recommends awarding the contract to L. L. Petling Co. for the low bid of $234,561.57. July 31, 2001 City of Iowa City Page 21 ITEM NO. 25. CONSIDER A RESOLUTION NAMING THE MINIPARK ON BENTON ol --' 2-H'~I' STREET "NED ASHTON PARK." Comment: At its meeting of July 11, 2001, the Parks and Recreation Commission voted unanimously to recommend to the City Council that the minipark referred to as "Ned Ashton Park" be officially named "Ned Ashton Park." Ned Ashton designed the steel two-lane bridge recently torn down and replaced by the modern four lane span. Ned Ashton's bridge (1949- 1990) held great significance in the historical development of engineering design; a bridge internationally recognized as one of the first all-welded bridges in the United States and widely copied. ITEM NO. 26. CONSIDER RESOLUTION ESTABLISHING A REVISED SCHEDULE OF ol ~ Z.~ =- RATES AND CHARGES FOR INTERMENTS, LOT SALES AND OTHER SERVICES IN OAKLAND CEMETERY. Comment: Cemetery rates and charges were last revised in 1991. The cemetery operation (excluding capital outlay) is approximately 11% self- supporting. The proposed fees, along with new lots to sell, will increase this to an estimated 20%. ITEM NO. 27. CONSIDER A RESOLUTION ADOPTING REGULATIONS FOR OAKLAND C>/.- Z-~J~ CEMETERY REGARDING THE RIGHTS OF LOT OWNERS, MAINTENANCE PRACTICES AND RULES FOR VISITORS. Comment: Regulations for Oakland Cemetery were last adopted in 1977. A number of these regulations are simply outdated, while others need to be added or changed due to the new cemetery expansion and the addition of a columbarium. ~jTEM NO. 28. CONSIDER RESOLUTION RESCINDING RESOLUTION 97-21 AND ~1- Z.~ ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR THE USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES. Comment: A staff committee has been reviewing the procedures for sidewalk cares and has instituted a new administrative joint staff review and application. In reviewing the current resolution establishing fees there was confusion in the interpretation of the fees. This resolution clarifies the fees, verities that the deposits are payable one time only, and provides for a partial refund of the fees if the applicant chooses to withdraw the application. ,ctio.: ,/P July 31, 2001 City of Iowa City Page 22 ITEM NO. 29. CONSIDER A RESOLUTION APPROVING BY-LAWS OF THE ANIMAL o( -- 2 50 CARE AND ADOPTION CENTER ADVISORY BOARD. Comment: The Animal Care and Adoption Center Advisory Board unanimously approved new by-laws. The Rules Committee has reviewed the by-laws and has recommended adoption. The major changes are changing the name of the board, establishing three-year terms for the members, and staggering the terms of the members. ITEM NO. 30. CONSIDER A RESOLUTION AMENDING THE BY-LAWS OF THE POLICE ~I- ?_.5~ CITIZENS REVIEW BOARD TO ESTABLISH TERM OF MEMBERS TO EXPIRE SEPTEMBER 1. Comment: The PCRB unanimously approved the by-law change from May 1 to September 1. The Rules Committee has reviewed the proposed change as well and also recommends adoption, Action: ,n~/~ ITEM NO. 31. CONSIDER RESOLUTION ESTABLISHING PILOT PROG~M FEE FOR e~- ~SZ CI~ P~ NEWSPAPER KIOSKS. Comment: This resolution establishes a $25 annual fee per spa~ in the newspaper kiosks in the Ci~ Plaza. This pilot program runs from September 1, 2001 through April 1, 2003. ITEM NO. 32. PUBLIC DISCUSSION [IF NECESSAR~ (ITEMS NOT ON TH~'~ AGENDA). ITEM NO. 33. COUNCIL APPOINTMENTS. a. Housing and Community Development - Three appointments to fill three-year terms September 1, 2001 - September 1, 2004 (Term expires for Gretchen Schmuch, Lucia-Mai Page, April Gutting) (3 male and 3 females currently serve.) J z/,, ' , term ending Janua~ 1, 2003 (Mettle Thomopulos resigned.) (3 males and 5 females currently sere.) July 31, 2001 City of Iowa City Page 23  c. Police Citizens Review Board - Two appointments to fill four-year terms September 1, 2001 - September 1, 2005 (Term expires for Paul . . ANNOUNCEMENT OFVACANCIES. ~ Previously-Announced. d. Parks and Recreation Commission - One vacancy to fill an unexpired term ending Janua~ 1, 2002 in addition to a four-year term Janua~ 1, 2002 - Janua~ 1, 2006 (Barbara Endel resigned) (6 male and 2 females currently sere.) Deadline for application is 5:00 p.m., Wednesday, August 15, 2001. ITEM NO. 35. CITY COUNCIL INFORMATION. ;~_~, .,~ ITEM NO. 36. REPORT ON ITEMS FROM CITY STAFF. a. City Attorney. b. City Clerk. c. City Manager. ITEM NO. 37. ADJOURNMENT. City Council Meeting Schedule and Tentative Work Session Agendas July 30 Monday 6:00p SPECIAL COUNCIL WORK SESSION Emma J. Harvat Hall · Joint Meeting with Planning and Zoning Commission · Planning and Zoning Items · Review Agenda Items · Appointments: Housing & Community Development (3); Human Rights Commission (1); Police Citizens Review Board (2) · Northgate Economic Development Project · Scott-Six Economic Development Project · Economic Development Committee Recommendation on Economic Development Allocation of CDBG Funds · Cemetery Issues · PATV Funding Request · Smoking in Restaurants · Resolution regarding Public Comment · Council Time July 31 Tuesday 7:00p SPECIAL FORMAL COUNCIL MEETING Emma J. Hatvat Hall August 20 Monday 6:30p COUNCIL WORK SESSION Emma J. Hatvat Hall August 21 Tuesday 7:00p FORMAL COUNCIL MEETING Emma J. Hatvat Hall September 3 Monday CITY OFFICES CLOSED - LABOR DAY Meeting dates/times subject to change FUTURE WORK SESSION ITEMS Dog Park Airport North Commercial Area Agreement Downtown Historic Preservation Survey Sidewalks Downtown Dumpster Permitting