HomeMy WebLinkAbout2007-05-14 Agenda
Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
Iowa City
City Council Agenda
Special Formal
May 14, 2007 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street
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CiTY OF IOWA CiTY
ITEM 2.
PROCLAMATION.
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ITEM 1.
CALL TO ORDER.
ROLL CALL.
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a) Great Garlic Mustard Challenge: May 14-20, 2007
ITEM 3.
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a) Approval of Council Actions, subject to corrections, as recommended by
the City Clerk.
1. April 30, Regular Council Work Session
2. May 1, Regular Council Formal Official and Complete
b)
Receive and File Minutes of Boards and
recommendations contained in minutes become
separate Council action).
Commissions (any
effective only upon
1. Public Library Board of Trustees: March 22, 2007
2. Telecommunications Commission: April 23, 2007
3. Planning and Zoning Commission: April 19, 2007
4. Public Art Advisory Committee: April 5, 2007
5. Youth Advisory Commission: March 21, 2007
6. Police Citizens Review Board: April 10, 2007
c) Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal:
1. Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 S. First
Ave.
2. Class C Beer Permit for EI Paso Tienda y Taqueria, Inc., dba EI Paso
the Mexican Store, 609 Hollywood Blvd.
May 14,2007
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3. Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537,
923 S. Riverside Dr.
4. Class CA Beer Permit for Investors, LC, dba Suburban bp AMOCO, 370
Scott Ct.
5. Class E Liquor License for Cigarette Outlet, Inc., dba Cigarette Outlet
#18, 1901 Broadway St.
d) Motions.
1. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $10,677,077.14 FOR THE PERIOD OF MARCH 1
THROUGH MARCH 31, 2007, 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.
e) Setting a Public Hearing.
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1.
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON JUNE
5,2007, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE DURABLE PAVEMENT
MARKING PROJECT 2007, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER
TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This project consists of painting durable pavement markings
and crosswalks on arterial streets in the east side of town and school
areas. Funding for the project will be with Road Use Tax proceeds.
f) Resolutions.
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1.
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
2007 SADDLE REPLACEMENT PROJECT.
Comment: The project has been completed in substantial
accordance with the plans and specifications. The Engineer's Report
and Performance and Payment bonds are on file with the City Clerk.
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2.
CONSIDER A RESOLUTION ACCEPTING THE DEDICATION OF
OUTLOT A TO THE CITY OF IOWA CITY AS PLATTED IN
HOLLYWOOD MANOR-PART 9, IOWA CITY, IOWA AND DECLARING
THE AREA OPEN FOR PUBLIC USE.
Comment: The Developer's agreement for Hollywood Manor-Part 9
contemplated the dedication of Outlot A to the City of Iowa City for public
use as access to Whetherby Park upon completion of construction on
90% of the lots surrounding the outlot as well as upon the installation of
an ADA compliant walkway. As these requirements have now been met,
the Parks and Recreation Department now recommends acceptance of
the dedication as being in the public interest. This Resolution accepts the
dedication of Outlot A and declares it open for public use.
May 14,2007
ITEM 4.
City ofIowa City
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g) Correspondence.
1. JCCOG Traffic Engineering Planner: Removal of two parking meters in
the 100 block of N. Linn Street
2. JCCOG Traffic Engineering Planner: Installation of several Iowa City
Transit bus stops for the Library Shuttle beginning June 5, 2007
[Staff correspondence included]
3. Richard Kerber and Steve Hata: Resuscitation Outcomes Consortium
(ROC)
4. Rev. Paul Akin and Rev. John Raab: Thank you for supporting the
Shelter House and its programs
5. Angela Reams and Sarah Hansen: AlcoholEdu at The University of
Iowa
6. Debra Pug he: Cafe Scientifique of Iowa City
7. Dubuque and Church Intersection: Eric Gidal, Josh Kaine, Laurie Stunz'>~
8. Lisa Wathne: G.W. Exotic Animal Memorial Park's "Mystical Magic of
the Endangered"~ ~
-& a END OF CONSENT CALENDAR.
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COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
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Community Comment will be continued, if necessary, prior to "City Council Information"
item.
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CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: Additions to May 14
NSENT CALENDAR: (Correspondence)
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Dubuque and Church Intersection: Michael Wright, Judith Pascoe,
Jesse Singerman
G.W. Exotic Animal Memorial Park's "Mystical Magic of the Endangered":
Tony Madsen, Carole Baskin, Donald Elroy
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May 14,2007
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ITEM 5.
PLANNING AND ZONING MATTERS.
outlined in the City Attorney's memo of
and Ex parte communications.")
(Items "c" and "d" will proceed as
2/28/07 entitled "Rezonings, Due Process
a) VACATING A PORTION OF HOLLYWOOD BOULEVARD LOCATED
SOUTH OF HIGHWAY 6 AND EAST OF BROADWAYSTREET
(VAC07- 00001)
Comment: At its April 19 meeting, by a vote of 7-0, The Planning and Zoning
Commission recommended approval subject to the retention of utility easements.
Staff recommended approval, subject to retention of utility easements, in a report
dated April 19. Approval will allow the vacated right of way to be purchased by
the adjacent property owner so that it may be incorporated into the site of the
proposed Sonic Burger.
1. PUBLIC HEARING
Action:
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2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
b)
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CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 5,
2007 TO CONSIDER THE CONVENYANCE OF A VACATED SIX-FOOT (6')
WIDE PORTION OF HOLLYWOOD BOULEVARD LOCATED SOUTH OF
HIGHWAY 6 AND EAST OF BROADWAY STREET TO NORDSTROM OIL
COMPANY.
Action:
Comment: On June 5, the City Council may consider final passage of an
ordinance vacating a six-foot (6') wide portion of Hollywood Boulevard south of
Highway 6 and East of Broadway Street. As the adjoining property owner,
Nordstrom Oil Company has offered to purchase the 1059 square foot section of
vacated property for the sum of $14,455.35, or $13.65 per square foot, which is
consistent with prices paid for property in the vicinity and is reflective of fair
market value. A blanket utility easement will be retained over the property.
Nordstrom Oil Company will add the vacated parcel to its adjacent property to
fulfill setback, landscaping and buffering requirements for its proposed
development of a Sonic Burger drive-in/drive through restaurant. This Resolution
declares the City Council's intent to consider the conveyance of the vacated
portion of Hollywood Boulevard to Nordstrom Oil Company pursuant to the terms
of its offer and sets a public hearing on said proposal for June 5, 2007.
Action:
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c) REZONING APPROXIMATELY 14.5 ACRES FROM HEAVY INDUSTRIAL
(1-2) TO GENERAL INDUSTRIAL (1-1) AND REZONING APPROXIMATELY
36.65 ACRES TO PLANNED DEVELOPMENT OVERLAY/GENERAL
INDUSTRIAL (OPD/I-1) AND APPROVING A SENSITIVE AREAS
DEVELOPMENT PLAN FOR PROPERTY LOCATED NORTH OF IZAAK
WALTON ROAD EAST OF OAKCREST HILL ROAD. (REZ07-00004)
Comment: At its April 19 meeting, by a vote of 7-0, The Planning and Zoning
Commission recommended approval of this rezoning with conditions. Staff
recommended approval in a report dated April 19. Approval will allow this
property to be developed for a cement plant and storage yards. The
Sensitive Areas Development Plan will allow the filing and mitigation of
wetlands and the reduction of a portion of a required wetland buffer from 100 feet
to 50 feet.
1. PUBLIC HEARING
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2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
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d)
CONSIDER AN ORDINANCE REZONING APPROXIMATELY 0.77 ACRES
OF PROPERTY LOCATED AT 828 E. WASHINGTON STREET
FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL
CONSERVATION DISTRICT OVERLAY(RNS-20/0CD) ZONE TO
PLANNED DEVELOPMENT OVERLAY / NEIGHBORHOOD
ST ABILZA TION RESIDENTIAL/CONSERVATION DISTRICT OVERLAY
(OPD/RNS-20/0CD) ZONE (REZ07-0003) (SECOND CONSIDERATION)
Comment: At its April 5 meeting, by a vote of 6-0 (Brooks absent) the Planning
and Zoning Commission recommended approval. Staff recommended
approval in a staff report dated April 5. Approval will allow grading of
regulated slopes for the reconstruction of the Alpha Chi Omega House. (45-
day limitation period: April 28, 2007). Council accepted correspondence
from the applicant requesting expedited action at the May 1 meeting.
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May 14,2007
ITEM 6.
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CONSiDER 'f.. -RESOLUTION APPROVING THE PRELIMINARY AND FINAL
PLAT OF PEPPERWOOD PLAZA, A SUBDIVISION OF IOWA CITY, IOWA
Comment: At its December 7 meeting, by a vote of 7-0, the Planning and
Zoning Commission recommended approval subject to staff approval of legal
papers. It is anticipated that legal papers will be approved prior to the Council
meeting. Staff recommended approval in a report dated December 7. Approval
will allow the subdivision of Pepperwood Plaza, a 23.3-acre property, into 11
lots.
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AMENDING THE FY2007 OPERATING BUDGET,
Comment: This publiC hearing is being held to receive comment on amending the
FY2007 budget. Included is supporting documentation available at the Library,
Finance Department and City Clerk's office. Staff memorandum included in Council
packet.
a) PUBLIC HEARING
Action:
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b)
CONSIDER A RESOLUTION
Action:
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ITEM 7. AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $8,870,000 GENERAL
OBLIGATION BONDS, SERIES 2007A, AND LEVYING A TAX TO PAY SAID
BONDS.
Comment: This resolution provides final authorization for the issuance of $8,870,000
General Obligation bonds. The Tax Exemption Certificate sets out in detail a number of
facts, promises and obligations which must be met and agreed to by the City in order to
maintain these Bonds as tax exempt. The Continuing Disclosure Certificate is being
executed and delivered for the benefit of the holders and beneficial owners of the bonds
and in order to comply with the Securities Exchange Commission (SEC) rule 15c2-
12(b)(5).
a)
MOTION APPROVING TAX EXEMPTION CERTIFICATE
Action:
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MOTION APPROVING CONTINUING DISCLOSURE CERTIFICATE
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b)
Action:
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c)
CONSIDER A RESOLUTION
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ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED
"USE OF PUBLIC WAYS AND PROPERTY ," CHAPTER 3, ENTITLED,
COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR
SIDEWALK CAFES," TO PROVIDE AN EXCEPTION TO THE EIGHT (8) FOOT
UNOBSTRUCTED WALKWAY REQUIREMENT IN THE CB2 AND CBS ZONES.
(FIRST CONSIDERATION)
Comment: Sidewalk cafes are permitted in the CB 2, 5, and 10 zones. Except within City
Plaza, the City Code presently requires eight (8) feet of unobstructed sidewalk adjacent to
the three sides of a sidewalk cafe that do not abut the building to ensure a sufficient way
for pedestrian travel ("adjacency requirement"). The adjacency requirement creates
complications for businesses in the CB 2 and 5 zones, because there are existing
sidewalks that are less than eight (8) feet in width. To accommodate sidewalk cafes
where existing sidewalks are less than eight (8) feet wide, the proposed ordinance reduces
the adjacency requirement in the CB2 and CB5 zones to the width of the existing
sidewalk, prohibits the extension of the sidewalk cafe onto any part of the existing
sidewalk and requires that the sidewalk cafe may not impede pedestrian travel.
Action:
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May 14,2007
ITEM 9.
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ITEM 10.
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ITEM 11.
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CONSIDER A RESOLUTION APPROVING THE REQUEST FOR QUALIFICATIONS
FOR A PUBLIC ART PROJECT AT THE ROBERT A. LEE COMMUNITY
RECREATION CENTER.
Comment: At their May 3, 2007 meeting, the Public Art Advisory Committee
recommended by a vote of 5-0 approval of a Request for Qualifications for an artist to
develop a public art concept for the east wall of the pool area of the Robert A. Lee
Community Recreation Center. A painting, mural, mosaic or wall sculpture are
contemplated.
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CONSIDER A RES6i.UTION AMENDING THE IOWA CITY FY07 ANNUAL ACTION
PLAN AND APPROVING AN ADDITIONAL REPAYMENT OPTION FOR FY07
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT
PARTNERSHIPS HOMEBUYER PROJECTS.
Comment: At their April 19, 2007 meeting, the Housing and Community Development
Commission (HCDC) discussed and recommended that City Council approve Iowa
Valley Habitat for Humanity's request to use a portion of their FY07 HOME award on
construction related activities as well as approve another financing option for FY07
homebuyer activities that would allow a silent mortgage on HOME or CDBG assisted
properties to be repaid at the time of sale, title transfer, conversion to rental or move
out. Staff memorandum included in Council packet.
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CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION
COOPERATIVE AGREEMENT FOR THE INSTAllATION AND USE OF AN
INTElliGENT TRANSPORTATION SYSTEM ITS-7480(333)- -25-00.
Comment: The Iowa Department of Transportation (lOOT) will be installing
cameras, sensors, and other related technology with the City, mainly along 1-80, 1-380
and US Hwy 218 and the lOOT is willing to provide access to this technology and use
of conduits to the City. This agreement details the City's and the lOOT's
responsibilities.
Action:
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May 14,2007
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ITEM 12. CONSIDER A RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE
07- I ~ ':!> , AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES,
LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY1, 2007 THROUGH JUNE 30,
2010.
Comment: This is a three-year agreement that provides for annual wages increases of
3.25%, 3.3%, and 3.1 % for each respective year, and for incremental increases in the
employees' contribution to health insurance premiums. It also reflects the agreed upon
implementation of the recently completed job classification study as well as other
minor adjustments to the Collective Bargaining Agreement. All changes in the
agreement are consistent with the Tentative Agreement approved by Council on
January 9, 2007.
Action:
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ITEM 13.
AMENDING CITY CODE TITLE 7, ENTITLED FIRE PREVENTION AND
PROTECTION, AND TITLE 17, ENTITLED BUILDING AND HOUSING TO
ESTABLISH FIRE AND LIFE SAFETY REQUIREMENTS FOR NEW AND EXISTING
GROUP A-2 OCCUPANCIES.
Comment: Staff held community meetings on February 13th and February 20, 2007 to
present and discuss proposed code amendments with owners of A-2 Occupancies. On
March 5, 2007 The Board of Appeals recommended, by unanimous vote, to approve
the proposed amendments to the international Building Code and the International Fire
Code that requires existing A-2 Occupancies with State of Iowa Alcoholic Beverage
Division License (ABDL) to be retrofitted with a fire sprinkler system and a fire alarm
system with voice alarm capabilities. Also, the Board recommended that all new A-2
Occupancies, when the occupant load is 100 or more, have a fire sprinkler system,
a fire alarm system with voice alarm capabilities, and exit widths that will
accommodate two-thirds (2/3) of the occupant load. The recommendations are
contingent on a City-supported financial incentive program. A summary of the
proposed code amendments and staffs recommendations for a Fire and Life-Safety
Improvement Loan aQd Grant Program for Existing A-2 Occupancies with ABDL's
is included in Council's information packet. Staff memorandum and
correspondence included in Council packet detailing the changes to the ordinance
discussed at Council's May 1, 2007 meeting.
a)
PUBLIC DISCUSSION (CONTINUED FROM 4/16 AND 5/1)
Action:
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CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (DEFERRED FROM
4/16 AND 5/1)
b)
Action:
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May 14,2007
City ofIowa City
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ITEM 14.
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.]
Previous:
a) Airport Zonina 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 Zonina 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) Historic Preservation Commission - One vacancy, one (1) Summit St District
Rep, to fill three year terms March 29, 2007 - March 29, 2010. (Term expires
for Michael Gunn) (5 males and 4 females currently serve).
d) Housina & Communitv Development Commission - One vacancy to fill an
unexpired ending September 1, 2008. (Thomas Niblock resigned) (5 males and
3 females currently serve).
e) Human Riahts Commission - One vacancy to fill an unexpired term ending
January 1, 2009. (Sehee Foss resigned) (2 males and 6 females currently
serve)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, May 30, 2007.
ITEM 15.
COUNCIL APPOINTMENTS.
a) Librarv Board of Trustees - Three appointments to fill six year terms July 1,
., .0 J 2007 - July 1, 2013. (Term expires for Pat Schnack, Mary New, David Van
~~ . Dusseldorp) (4 males and 2 females currently serve).
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ITEM 16. COMMUNITY COMMENT [IF NECESSAR (ITEMS NOT ON THE AGENDA).
ITEM 17.
CITY COUNCIL INFORMATIO~../ ~.J
May 14,2007
ITEM 18.
ITEM 19.
City of Iowa City
REPORT ON ITEMS FROM CITY STAFF.
a) City Manager. ..- C) ~
b) City Attorney. - 0 .~
c) City Clerk. - C /'
ADJOURNMENT.
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