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Home My WebLink About2007-02-06 Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. ITEM 1. ITEM 2. ITEM 3. ITEM 4. Iowa City City Council Agenda Regular Formal February 6, 2007 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street I ~ 1 --= -~ !:~~I1ii;!l:'t "-.- .....~ -~ CiTY OF IOWA CiTY www.icgov.org CALL TO ORDER. ROLL CALL. ~&' '1 p;',,~ /k~ PROCLAMATION. ~ ~} (j}.';,A'-',/- a) Sertoma's Freedom Week: February 11, 2007 b) Salute to Hospitalized Veterans Day: February 14, 2007 OUTSTANDING STUDENT CITIZENSHIP AWARDS - HOOVER ELEMENTARY a) Emily Koepnick b) Alex Ledger c) Francesca Lubecki-Wild CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a) Approval of Council Actions, subject to corrections, as recommended by the City Clerk. b) 1. January 16, Spe~tSouncil Work Session 2. January 22, Re~ouncil Work Session 3. January 23, ~l~r Council Formal Official and Complete Receive and Fil~nutes of Boards and Commissions recommendations contained in minutes become effective only separate Council action). (any upon 1. Board of Appeals: December 4, 2006 2. Human Rights Commission: December 19, 2006 3. Animal Care Task Force: December 21, 2006 4. Planning and Zoning Commission: December 21, 2006 5. Housing and Community Development Commission: November 16, 2006 6. Telecommunications Commission: December 18, 2006 7. Public Library Board of Trustees: December 21, 2006 -- -~---_._--------~~-,~,---------'-'-'~----- ----~----_._~-~..~._.-..._-_._---"._._._,-_._---_.__...._.__.._...._.._~.._,-----------.._._---_._._--_.,._- ----------. February 6, 2007 City of Iowa City Page 2 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Special Class C Liquor License for WM, LLC, dba Thai Flavors, 340 E. Burlington SI. Renewal: Class C Liquor License for One Poor Student, Inc., dba One Eyed Jake's, 18-20 S. Clinton St. Class C Liquor License for EI Ranchero, Inc., dba EI Ranchero Mexican Restaurant, 21 Sturgis Corner Dr. Special Class C Liquor License for Cottage of Iowa City, Inc., dba Cottage Bakery & Cafe, 14 S Linn SI. Special Class C Liquor License for Devotay, Inc., dba Devotay, 117 N. Linn SI. Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc., #950, 2530 Westwinds Dr. Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr. Resolution to issue Dance Permit to One Poor Student, Inc., dba One Eyed Jake's, 18-20 S. Clinton SI. 2. 3. 4. 5. 6 7. 07-.31 8. d) Setting a Public Hearing. 1. CONSIDER A MOTION SETTING A PUBLIC HEARING ON FEBRUARY 20, 2007 ON AN ORDINANCE AMENDING TITLE 16, ENTITLED "PUBLIC WORKS," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE A, ENTITLED "GENERAL PROVISIONS," BY AMENDING SECTION 5 TO ALLOW FOR DEPOSITS TO BE BILLED INSTEAD OF PAID IN ADVANCE WITH PROPER PAYMENT HISTORY. Comment: Consider an Ordinance to allow for utility deposits to be billed instead of paid in advance with proper payment history. This change is being made to accommodate enhancements in the City's web capabilities which will soon allow customers to sign up for utility services via the web. Persons with a poor payment history with the City will still be required to submit their deposit in advance. Staff will prepare a Memo for Council explaining the proposed changes. February 6, 2007 l>7 - ~" 07- 3~ City ofIowa City Page 3 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON FEBRUARY 20, 2007 TO DISCUSS THE PROPOSED .OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2007 THROUGH JUNE 30, 2008, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2011. Comment: This resolution sets a public hearing on February 20, 2007 to discuss the FY2008 Proposed Operating Budget, the three-year Financial Plan for FY2008 - FY2010 and multi-year Capital Improvements Program (CIP) through Fiscal Year 2011. Detailed information on the budget will be available for public inspection on February 9,2007. 3. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR FEBRUARY 20, 2007, TO CONSIDER A FIFTH AMENDMENT TO A REAL ESTATE CONTRACT -INSTALLMENTS BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND PARKING. Comment: In June of 2002, the City Council approved a Real Estate Contract - Installments pursuant to which the City is selling Unit 1-C of the Tower Place & Parking condominium regime to United Action for Youth (UAY) for a total price of $500,000. The contract as most recently amended in January of 2006 provided for payment of the $250,000 remaining balance of the purchase price in installments of $25,000 by March 1, 2006, $75,000 at the end of 2006 and $150,000 at the end of 2007. UAY has paid all but $20,000 of the amounts due by the end of 2006, and is requesting that the contract be amended to add said $20,000 to the amount due by the end of 2007, increasing the total balance due at that time from $150,000 to $170,000. This resolution sets public hearing on consideration of the amendment for February 20, 2007. 01- 3.tf e) Resolutions. 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND HELEN BYINGTON, AND TENANT LITTLE DONKEYS INC. D/B/A PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFE. Comment: William and Helen Byington, as landowners, and lillie Donkeys, Inc.., d/b/a as Panchero's Mexican Grill, seek a renewal of a license agreement for temporary use of public right-of-way at 32 S. Clinton St., Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and speCifications and required submittals and recommend approval of said agreement. ------------------"--~--".,--,------_.__.,._-----~-'''-------------.---,,--.-----.--." February 6, 2007 01- $5 01- 3/P City of Iowa City Page 4 2. CONSIDER A RESOLUTION RESCINDING THE 2003 COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL AND ESTABLISHING A NEW COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM. Comment: Federal Law mandates that the City adopt an Alcohol and Controlled Substance Abuse Program for employees holding commercial driver's licenses. As a result of a recent audit by the Federal Transit Authority the City has revised its' policy to reflect language changes mandated by the FTA. This resolution rescinds the existing policy and adopts a new policy incorporating the changes. Staff memorandum included in Council packet. 3. CONSIDER A RESOLUTION ESTABLISHING POLICY FOR MICROFILMING AND ELECTRONIC IMAGING; AND DESTRUCTION OF RECORDS AND DOCUMENTS IN THE CITY CLERK'S OFFICE. Comment: This resolution assures consistency in the preservation of records stored in the City Clerk's office and would assist in providing that the copies were produced in the "regular course of business," which is one standard by which such items are judged when being offered as evidence in court. Similar resolutions were adopted in 1988 and 2000, and this resolution reduces the storage time for hard copy meeting folders once archived electronically. f) Correspondence. 1. JCCOG Traffic Engineering Planner: Removal of six parking meters in the 100 block of N. Madison Street 2. Assistant Transportation Planner: Install (1) NO PARKING LAW ENFORCEMENT VEHICLES ONLY sign; (1) combination NO PARKING LAW ENFORCEMENT VEHICLES ONL YINO PARKING CITY BUSES ONLY sign; and (1) NO PARKING CITY BUSES ONLY sign on the 100 blk. Of Capitol Street with TOW-AWAY ZONE signs. 3. JCCOG Traffic Engineering Planner: Installation of NO PARKING ANY TIME signs on the north and west sides of Meadow Ridge Lane 4. Jerry Warner: Mediacom suspensions of service [staff response included] 5. George Steele: Double-Month Security Deposits - Scam Potential in Iowa City? [staff response included] 6. Erin Auer-Sears: Child Appreciation Day 7. Correspondence distributed at the January 30 Work Session regarding the FY08 Budget: Airport - Airport Commission 2006 Annual Report Brick Streets - Helen Burford Child Appreciation Day - Theresa Carbrey; Kristen Dolgos; Andrew Epstein & Jennifer New; Cathy Wilkie Earth Expo - Kim Kullmer First Avenue Railroad Crossing - William Keating ._.'._-~~---_.~-"-" _..._----_._--_...._..._~_._--_._--_._----~----_._---_.-.-...---..,.,,--,----" February 6, 2007 ITEM 5. ITEM 6. 01- Sf) City ofIowa City Page 5 Gilbert Street Improvements (Hwy 6) - Brett Bauer NE Fire Station - Dennis Kietel RockyShore/Peninsula Pedest~ Bridge - Jeanette Carter; Mara and Rockne Cole; Cody Gieselman; Steve Goetzelman; Kevin Henriksen; Perry Howell; Kathleen Janz; Johnson County Dog Park Action Committee; Barb Meredith; Judith Pascoe; Claire Sponsler; Kyle and Diana Von Stein Shelter House - Robert Ashman; Fr. Kenneth Kunz; John McKinstry Summer of the Arts - Dennis Green; Dirk Keller; Donald G. Thompson END OF CONSENT CALENDAR. ~~~~1kj dA J,-I- d1AU.I7~~ ~ COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. ~~./ . rAJ PLANNING AND ZONING MATTERS. a) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR FEBRUARY 20, 2007, TO CONSIDER THE CONVEYANCE OF THE PORTION OF MCLEAN STREET LOCATED BETWEEN LEXINGTON AVENUE AND HUTCHINSON AVENUE IN MANVILLE HEIGHTS ADDITION, TO ADJACENT PROPERTY OWNERS. Comment: The Council is considering an ordinance vacating this portion of McLean Street. The adjacent properties on both sides of the right-of-way, Ian and Laura Law of 406 Lexington Avenue, Robert and Kathleen Staley of 405 Hutchinson Avenue, John and Virginia Stamler of 358 Lexington Avenue and Kevin O'Brien of 351 Hutchinson Avenue, have each made offers to purchase the half of the alley adjacent to their properties. The compensation offered totals $37,100, which is consistent with the assessed values of the adjacent properties. This resolution sets public hearing for February 20, 2007 to consider the conveyance. ~~.~~..-.J Ice'Ll , { Action: &-l:--"C""fi~,. ....L-fLt2 .__________.___,_____,_._.___.._~____ ____...__~___.______ __ _ _ _ _~_.__,,_. .,__~...____.w.,_.____ ____-._.__.____._______..._.___ February 6, 2007 City ofIowa City Page 6 b) AMENDING ORDINANCE NO. 06-4245, WHICH AMENDS CERTAIN SPECIFIC PROVISIONS WITHIN TITLE 14, ZONING CODE, CHAPTER 2, BASE ZONES; CHAPTER 3, OVERLAY ZONES; CHAPTER 4, USE REGULATIONS; CHAPTER 5, SITE DEVELOPMENT STANDARDS; CHAPTER 7, ADMINISTRATION; CHAPTER 8, REVIEW AND APPROVAL PROCEDURES; CHAPTER 9, DEFINITIONS. Comment: Ordinance No. 06-4245, was passed and approved by the City Council on December 12, 2006. This ordinance contains thirty-three amendments to certain provisions within Title 14, Zoning Code. However, certain incorrect references within Ordinance No 06-4245 to specific sections and subsections enumerated within the Zoning Code result in the deletion of certain provisions within the Zoning Code that were not meant to be affected in any way. To amend the Zoning Code as intended, said incorrect references within Ordinance No. 06-4245 to specific enumerated sections and subsections within the Zoning Code should be corrected. 1. PUBLIC HEARING Action: ~ ~ ~~Ad7 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action &/"b-r / &A~A) 1sT i:.:,~p c) CONSIDER AN ORDINANCE VACATING A PORTION OF MCLEAN STREET BETWEEN HUTCHINSON AVENUE AND LEXINGTON AVENUE. (VAC06-00006) (SECOND CONSIDERATION) Comment: At its December 21 meeting by a vote of 6-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated December 21. Approval will allow this unused street right-of-way to be purchased by the adjacent property owners. Action a,....~/'~ / ('/.fiMd".-.A) I ~~...f ~':'J0 ~ / February 6,2007 City of Iowa City Page 7 '07..... 4.ASo. d) CONSIDER AN ORDINANCE REZONING 17.75-ACRES OF LAND LOCATED EAST OF MORMON TREK BOULEVARD AT EAGLE VIEW DRIVE AND GRACE DRIVE FROM INTENSIVE COMMERCIAL (CI-1) TO OFFICE COMMERCIAL (CO-1) (REZ06-00021) (SECOND CONSIDERATION) Comment: At its December 7 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a memorandum dated November 16. Approval will allow this property to be developed with offices and !e~ted uses. See correspondence r~questing. ?Jt expedited action. ~ /('I.ufNa/~",k/ t:!- 6't::u'?Y ~ /t) . ,,// . ~ Action: Ct24 ~ 0 e) t/~td'/.e//. . ~ CONsiDER AN ORDINA CE AMENDING TITLE 14, HAPTER 5, ARTICLE J, FLOOD PLAIN MANAGEMENT ORDINANCE TO ADOPT THE RE-FORMATTED FLOOD INSURANCE RATE MAP. (SECOND CONSIDERATION) o7.....If..:lE./ Comment: In September 2005, the Federal Emergency Management Agency (FEMA) issued an amended Flood Insurance Study (FIS) report and Flood Insurance Rate Map (FIRM) for Johnson County. The amended FIS and FIRM will be distributed in digital files for use in a computer mapping system. Paper copies of the FIRM ("panels") will still be available. The new digital format resulted in new panel numbers and an updated effective date for those panels. There is no change to the underlying boundaries of Special Flood Hazard Areas (SFHAs). Staff recommends expedited action. S.. ~"k41;{i:i:;f~~"/Z~~~~~ 'ITEM 7. CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 95-258 AND ADOPTING NEW "ECONOMIC DEVELOPMENT POLICIES AND o7~ 39 _ STRATEGIES FOR THE CITY OF IOWA CITY." Comment: At its January 23, 2007 meeting, the Economic Development Committee approved the document "Economic Development policies and Strategies for the city of Iowa City." The policies and targeted industries are essentially the same as those adopted in 1995, however, the goals, objectives and strategies have all been updated Draft minutes of the January 23 meeting are in the Information Packet: Staff memorandum included in Council packet: Action c~~-:;:;:/~z-:;;; til~ ak I ~ J !~~!:'t -,;;:,.... "IIIII~ .....~ CITY OF IOWA CITY MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions to February 6, Agenda tJ ~i7J~ 6f. Consider a motion setting a public hearing for February 20 on an ordinance to rezone approximately 12,200 square feet of property from Low Density Single Family (RS-5) to Commercial Office (CO-1), located west of Diana Street and south of Kirkwood Avenue (REZ06-00027). (/;~ ) Comment: At its January 18 meeting, by a vote of 7-~";h~ p~~nning and Zoning Commission recommended approval of the proposed rezoning, provided there be no access from the property to the alley. Staff recommended approval in a report dated January 18. 01- 3~ _ 6g. Consider a resolution approving the final plat of Stone Bridge Estates, Part _. J~/~ Five, Iowa City, Iowa (SUB06-00016). ~~i6 ~ aJJjJ)( Comment: At its January 18 meeting, by a vote of 7-0 the Planning and Zoning Commission recommended approval, subject to approval of legal papers and construction plans prior to City Council consideration. Legal papers and construction plans have been approved. Staff recommended approval in a report dated January 18. 6h. Consider a letter to the Johnson County Supervisors recommending approval of a conditional use permit to operate a photo studio business on approximately 40 acres of property located at 3104 Charles Drive, NE in Fringe Area A. Comment: At its January 18 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated January 18. / February 6, 2007 City ofIowa City Page 8 ~~~z2;~ ITEM 8. CONS)bER A RESOLUTION AWARDING CONTRACT FOR THE RIVERSIDE FESTIVAL STAGE IMPROVEMENTS PROJECT. 01 -' '10 Comment: The bid opening for this project was held January 31, 2007 and eleven bids were received as follows: McComas Lacina Company Southgate Construction Apex Construction J & L Construction Knutson Construction Tricon Construction City Construction Spartan Structures Frantz Construction Regal Construction Selzer Werderitsch Associates Consultant's Estimate Iowa City Iowa City Iowa City Washington, IA Iowa City Dubuque, IA Iowa City Solon, IA Iowa City Iowa City Iowa City $272,900 $262,731 $249,900 $247,330 $246,200 $245,103 $229,825 $226,000 $225,100 $221,765 $211,200 $250,250 Staff recommends awarding the contract to Selzer Werderitsch Associates. The funding source for this project is General Obligation Bonds. Action: ~~ / A~/P',t t?A'__~~ :u.J (j ~ ANNOUNCEMENT OF VACANCIES. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] ITEM 9. Previous: a. Airport Zoninq Brd of Adiustment - One vacancy to fill an unexpired term plus a five-year term ending December 31, 2011. (Carl Williams resigned) (3 males and 0 females currently serve). b. Airport Zoninq Commission - One vacancy to fill a six-year term January 1, 2006 - December 31,2011. (Term expires for Mark Anderson) (4 males and 0 females currently serve). c. Senior Center Commission - One vacancy to fill three-year terms January 1, 2007 - December 31, 2009. (Term expires for Josephine Hensch) (3 males and 3 females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, FEBRUARY 14, 2007. --~-_._~--_...__...~~~-_._..._-~-_._-- --~---~_._-----~------'--'--'-----~-'---'-~"'-'----'---..--"-- - ~,-_._- -----_._-~--_._---_.- February 6, 2007 City of Iowa City Page 9 d. Airport Commission - One vacancy to fill a six year term March 1, 2007 - March 1, 2013. (Term expires for Greg Farris) (3 males and 1 female currently serve). e. Historic Preservation Commission - Three vacancies, one (1) At-Large, one (1) Summit St District Rep, and one (1) Brown St District Rep, to fill three year terms March 29, 2007 - March 29, 2010. (Terms expire for Richard Carlson, Michael Gunn, James Ponto) (4 males and 3 females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, FEBRUARY 28,2007. New f. PlanninQ & Zonina Commission - One vacancy to fill a five year term May 1, 2007 - May 1, 2012. (Term expires for Elizabeth Koppes) (5 males and 1 female). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MARCH 14, 2007. ITEM 10. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 11. CITY COUNCIL INFORMATION. .,.,t-//~A ./ ITEM 12. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. b) City Attorney. ITEM 13. City Clerk. ~ ~ ADJOURNMENT. c) &k&y / ~ 7.' ~ZJ