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HomeMy WebLinkAbout2007-08-21 Agenda Subject to change as finalized by the City Cleric For a final official copy, contact the City Clerk's Office 356-5040. ~~ IW 1tJ~ L~ /-//2 ~ Iowa City City Council Agenda Regular Formal August 21, 2007 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street ITEM 1. CALL TO ORDER. LL CALL. /J~/7J'7 _) ~!S rKtV-tJ 1_' _. H.. 1'# . ITEM 2. I ~ j --= -&(r... !:~w~'"t. ::: ..-.~ -..,.-&L CiTY OF IOWA CiTY www.icgov.org -;-/ Partnership for Working Toward Inclusive Communities SPECIA~ P~E;;~t A ;;-ot.r~ a) City of Iowa City Homeownership Programs - Presentation of Certificates jIJ; tf b) Recognition of Art in Non-Public Spaces - Kent and Loretta Angerer - "II Compositore" aka liThe Piano Man" located at 1231 E. College St. c) Recognition of Art in Non-Public Spaces - Christopher Squier - "Entasis" located at 226 Magowan. ITEM 3. ITEM 4. 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. July 19, Special Council Work Session 2. July 23, Special Council Work Session 3. July 24, Special Council Formal Official and Complete (1) 4. July 24, Special Council Formal Official and Complete (2) 5. August 2, Special Council Formal Official and Complete (1) 6. August 2, Special Council Formal Official and Complete (2) b) Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). 1. Airport Commission: June 7,2007 2. Airport Commission: June 8, 2007 3. Airport Commission: June 28, 2007 August 21, 2007 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. City of Iowa City Page 2 Airport Commission: July 9, 2007 Airport Commission: August 1, 2007 Airport Commission: July 19, 2007 Senior Center Commission: June 19, 2007 Public Library Board of Trustees: June 28, 2007 Parks and Recreation Commission: June 13, 2007 Youth Advisory Commission: July 18, 2007 Housing and Community Development Commission: April 19, 2007 Human Rights Commission: June 26, 2007 Planning and Zoning Commission: July 19, 2007 Planning and Zoning Commission: July 12, 2007 Planning and Zoning Commission: June 21, 2007 Board of Adjustment: May 9, 2007 Public Art Advisory Committee: June 28, 2007 Telecommunications Commission: June 25, 2007 Board of Appeals: July 2, 2007 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood Ave. 2. Class C Liquor License for Chipotle Mexican Grill of Colorado, LLC, dba Chipotle Mexican Grill, 201 S. Clinton St Suite 300. 3. Outdoor Service Area for Chipotle Mexican Grill of Colorado, LLC, dba Chipotle Mexican Grill, 201 S. Clinton St. Suite 300. 4. Class E Liquor License for Wal-Mart Stores, Inc., dba Wal-Mart Store #1721, 1001 Hwy 1 West. 5. Class C Liquor License for Minor Enterprises, Inc., dba Field House, 111 E. College St. 6. Class C Liquor License for Jaxco, LLC, dba BlackStone, 503 Westbury Dr. Suite 1. Renewal: 7. Class C Liquor License for Atlas World Grill, Inc., dba Atlas World Grill, Inc., 127 Iowa Ave. 8. Class C Liquor License for Cream, LLC, dba Union Bar, 121 E. College St. 9. Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market St. 10. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Drugstore, 310 N. First Ave. 11. Class C Beer Permit for Casey's Marketing Company dba Casey's General Store #2761,204 N. Dubuque St. 12. Class C Beer Permit for Casey's Marketing Company dba Casey's General Store #2781, 1410 Willow Creek Dr. August 21, 2007 City of Iowa City Page 3 07-- ~3a- 13. Class C Beer Permit for Parth Mini Mart, Inc., dba Parth Mini Mart, 2153 ACT Circle. 14. Resolution to issue Dance Permits for Minor Enterprises, Inc., dba Field House, 111 E. College St. and Cream, LLC, dba Union Bar, 121 E. College St. 15. Resolution to issue Cigarette Permit to IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood Ave. n T- J3.3 d) Motions. 1. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $7,462,414.25 FOR THE PERIOD OF MAY 1 THROUGH MAY 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. 1. CONSIDER A MOTION SETTING A PUBLIC HEARING ON SEPTEMBER 18, 2007 TO RECEIVE PUBLIC COMMENTS REGARDING ORDINANCES ADOPTING THE 2006 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FIRE CODE, UNIFORM PLUMBING CODE, INTERNATIONAL MECHANICAL CODE, AND INTERNATIONAL FUEL GAS CODE. Comment: A public hearing is required when adopting a nationally recognized standard code or portions of such a code. The Board of Appeals is recommending adopting such Codes as amended. oT~ J3l..\- 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 4, 2007 ON PLANS, SPECIFICA TONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRE STATION #2 DEMOLITION AND CONSTRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: The project will involve the demolition of the existing fire station at 301 Emerald Street, and the construction of a new free- standing LEED-certified fire station facility on the same site. The work includes site work, general building construction, mechanical, including a ground-source heat pump system, electrical, communication and security and specialty systems. August 21, 2007 t> I""" d35 City of Iowa City Page 4 3. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 4, 2007 ON PLANS, SPECIFICATONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER ADA RESTROOM PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: The project will involve the renovation and remodeling of nine public restrooms for handicap accessibility in accordance with A.D.A Guidelines and two new additional showers and restroom facilities in the Senior Center, located at 28 South Linn Street. 01 J J,3b f) Resolutions. '01 - .;131 0', J d 39> , 3. 1. CONSIDER A RESOLUTION APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY07. Comment: The Department of Housing and Urban Development (HUD) requires Housing Authorities to certify fiscal year performance data as a means of monitoring local activity. HUD will score the Iowa City Housing Authority (ICHA) based on indicators and will identify areas of concern or performance based on these indicators. 2. 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 434 WESTSIDE DRIVE, IOWA CITY, IOWA. Comment: The owner of the property located at 434 Wests ide Drive received assistance through the City of Iowa City's Downpayment Assistance Program. The loan has been paid off; thus the lien needs to be released. 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 1408 KEOKUK STREET, IOWA CITY, IOWA. Comment: The owners of the property located at 1408 Keokuk Street received assistance through the City of Iowa City's Housing Rehabilitation Program. The loan has been paid off; thus the lien needs to be released. August 21, 2007 01- J3li ol-;11fO 0'1-- dlf-I ol~J.1fJ. 5. City of Iowa City Page 5 4. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER AND WATERMAIN EASEMENT AGREEMENT AND A DRAINAGE EASEMENT AGREEMENT FOR THE SOUTH GILBERT STREET BUS FACILITY IN IOWA CITY, IOWA. Comment: South Gilbert Development submitted a site plan for the South Gilbert Street Bus Facility. Pursuant to this site plan, a sanitary sewer line and water main were installed to service the development. It is in the public interest for the City to now acquire certain easement rights to ensure the continued operation of the newly installed public infrastructure. Staff has approved the location of the newly installed public infrastructure. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER EASEMENT AGREEMENT FOR 3331-3341 ROHRET ROAD IN IOWA CITY, IOWA. Comment: Rebecca Neades has requested the City provide her with sanitary sewer service to her properties located at 3331-3341 Rohret Road. This service is currently provided to the property adjacent to her property. This Resolution authorizes the Mayor to sign and the City Clerk to attest the Easement Agreement between City and Ms. Neades. The Resolution also authorizes the Clerk to certify and record the agreement. Staff approves of the location of this easement and recommends approval of this resolution. 6. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2007 SANITARY SEWER REPAIR 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. 7. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, TRAIL, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR STONE BRIDGE ESTATES, PART FIVE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. August 21, 2007 City of Iowa City Page 6 Dl.- c9.Lf3 8. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE IMPROVEMENTS PROJECT. Comment: On February 6, 2007 a contract was entered into with Selzer Werderitsch Associates of Iowa City to construct new restrooms with an attached open-air park shelter located near the Riverside Festival Stage in City Park. The project also included the construction of a lighted, accessible walkway from the main parking lot to the Festival Stage and the new restrooms. The total contract amount is $209,554. All work covered by the contract has been completed, all required paper work has been submitted and all invoices have been paid, other than a five percent retainage. 07 - J. Li-4- 9. CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 07- 210, WHICH SET PUBLIC HEARING FOR AUGUST 21,2007, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 960 LONGFELLOW PLACE. Comment: The buyer who proposed to purchase 960 Longfellow Place has canceled the agreement and no longer wishes to purchase the property. In light of said cancellation, the public hearing scheduled for August 21, 2007, on the conveyance of 960 Longfellow Place should be canceled and Resolution No. 07-210 should be rescinded. g) Correspondence. 1. Jenna Hammerich and Eric Johnson: Presidential Impeachment Process 2. Roger Boldt and David Henderson: Petition - Neighborhood opposition to the proposed firing range - 125 names 3. Karen Thielman: Safety concerns on multi-use trails [Staff response included] 4. Kris Leesekamp: Jail Overcrowding 5. Kris Leesekamp: Marijuana Possession Fines 6. Scott and Renee Vogt: Recreation Center Summer Day Camp 7. Gretchen Gentsch: Sackter House Taxes [Staff response included] 8. Ruth Izer: Extending Bus Service [Staff response included] 9. Nhung Ta: Request for driveway [Staff memo included] 10. Irvin Pfab: Fare-Free Public Transit 11. Nicholas Rossi: Parking 12. Brenda and Floyd Akins: Camp Cardinal Rezoning 13. Matthew Theobald(X2): Benches [Staff response included] 14. Mark Vining(X2): Mailboxes of Iowa City [Staff response included] 15. Gary Kuhlmann: Panhandling [Staff response included] 16. Petition: Keep Ped Mall Public Space Public - 4 signatures 17. Martha Schut: Cold Stone Creamery 18. Nicholas Gregory: City Code 9-1-7 [Staff response included] August 21, 2007 City of Iowa City Page 7 ITEM 5. Candida Maurer: 1-80 enlargement [Staff response included] Dennis Kowalski (X2): Integrated high rises Chris Dautremont(X3): Kimball Road traffic calming project [Staff response included] Christopher Merrill: UNESCO Creative Cities Network ElizabAth Cummings: Solon animals slated for euthanasia ~ '1 END OF CONSENT CALENDAR. ~~~~~ COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] 19. 20. 21. 22. 23. ....;}' .,--- ~~~ -yo Community Comment will be continued, if necessary, prior to "City Council Information" item. ~/-'~ ITEM 6. PLANNING AND ZONING MATTERS. (Items "c, d, e, f, g, h, j" will proceed as outlined in the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications.") a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR SEPTEMBER 4, 2007 ON AN ORDINANCE VACATING A PORTION OF COURT STREET, WEST OF MADISON STREET AND FRONT STREET, SOUTH OF BURLINGTON STREET (VAC07-00004) Comment: At their July 19 meeting, by a vote of 6-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated July 19. Vacation of these streets will accommodate the development of the University Recreation Center. Action: -{1q/p'~/ ((fJ .At) (7#17 ~...J b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR SEPTEMBER 4, 2007 ON AN ORDINANCE VACATING A PORTION OF THE ALLEY LOCATED IN BLOCK 102 EAST OF CLINTON STREET, BETWEEN COURT AND BURLINGTON STREET (VAC07-00005) Comment: It is anticipated that the Planning and Zoning Commission will make a recommendation on this application at their August 16 meeting. Staff has recommended approval in a report dated August 16. Vacation of this alley will accommodate the development of Hieronymus Square. Action: CA~/l4f~)/~~~ "0 ~d'r j ~ 1 -~= -~... ~~ai;t:~ ~ ~alU~ -.: TO: FROM: RE: CITY OF IOWA CITY MEMORANDUM Mayor, City Council, General Public City Clerk Additions to August 21 Consent Calendar Agenda CORRESPONDENCE ITEM: 4g(9) Nhung Ta(X2): Request for driveway 326 Fairchild St. (21) Chris Dautremont(X4): Kimball Road traffic calming project [Staff responses included] (24) Karla Miller: Update-Assaults, Statistics, and RV AP Response to Assaults (25) Barrett Anderson and Carole Peterson: Personal Safety Problems August 21, 2007 City of Iowa City Page 8 c) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR SEPTEMBER 4, 2007 ON A ORDINANCE REZONING APPROXIMATELY 2,035 SQUARE FEET OF PROPERTY LOCATED AT 301 S. DUBUQUE STREET FROM CENTRAL BUSINESS SUPPORT (CB-5) ZONE TO CENTRAL BUSINESS (CB-10) ZONE, AND REZONING AN ADDITIONAL 9,890 SQUARE FEET OF ADJACENT PROPERTY FROM NEIGHBORHOOD PUBLIC/CENTRAL BUSINESS SUPPORT (P1/CB-5) ZONE TO CENTRAL BUSINESS DISTRICT (CB-10) ZONE (REZ07-00008) Comment: At their August 2 meeting, by a vote of 6-0 (Eastham absent), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated July 19. Approval will allow for a mixed-use commercial and residential building on these properties. Action: ~~J1~/~A~~ U1#' dF d) TO AMEND THE NORTHEAST DISTRICT PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN, TO INTEGRATE A LARGE INSTITUTIONAL PROPERTY INTO THE PLAN FOR THE LINDEMANN HILLS NEIGHBORHOOD NORTH OF THE PUBLIC SQUARE ALONG LOWER WEST BRANCH ROAD. Comment: At their meeting on July 19, by a vote of 5-0 (Freerks recused; Plahutnik absent), the Planning and Zoning Commission recommended approval of this plan amendment. In memos dated July 12 and July 19, staff recommended approval of the amendment. Approval of this amendment will allow the possibility for St. Patrick Church to locate on a 14-acre property located north of the public square along Lower West Branch Road. Staff memorandum included in Council packet. 1) PUBLIC HEARING Action: ~J?~ _~A~ D7-cJ.4S ,2) CONSIDER A RESOLUTION Action: ({)'AJj ~ / &I1~ 7/0 / August 21, 2007 City of Iowa City Page 9 e) FOR A VOLUNTARY ANNEXATION OF 14 ACRES OF LAND OWNED BY RELLlM FARMS, LLC AND 1.89 ACRES OF LAND OWNED BY THE CITY OF IOWA CITY LOCATED NORTH OF LOWER WEST BRANCH ROAD, BRENTWOOD DRIVE, AND BROADMOOR LANE. Comment: At their meeting on July 19, by a vote of 5-0 (Freerks recused; Plahutnik absent), the Planning and Zoning Commission recommended approval of this annexation. In a staff report dated June 21, staff recommended approval. Staff report included in Council packet. 1) PUBLIC HEARING Action: b~ 01 - d.% 2) CONSIDER A RESOLUTION Action: (!J~~~%)() f) /h4/~d~ ~ CONDITIONALLY REZONING APPROXIMATELY 14 ACRES OF LAND FROM COUNTY RESIDENTIAL (R) TO LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS-5) AND APPROXIMATELY 1.89 ACRES OF LAND FROM COUNTY RESIDENTIAL (R) TO NEIGHBORHOOD PUBLIC (P-1) LOCATED NORTH OF LOWER WEST BRANCH ROAD, BRENTWOOD DRIVE, AND BROADMOOR LANE (REZ07-00010). Comment: At their meeting on July 19, by a vote of 5-0 (Freerks recused; Plahutnik absent), the Planning and Zoning Commission recommended approval of these rezonings. In a staff report dated June 21 and a memo dated July 12, staff recommended approval subject to conditions to ensure that the proposed church can be integrated successfully into an area intended for a residential neighborhood with interconnected streets and a public square as a neighborhood focal point. Approval will allow the possibility for development of a new St. Patrick Church and acknowledge public ownership of property that will be developed as a public square along Lower West Branch Road. See staff memo and staff report included with item 6d and 6e. 1) PUBLIC HEARING Action ~ ~ t/~I/b' c.~ t3.tJJ~-Lt?~~~..J 2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) ~ Action&:LJ 4q~J I%;~ 0/1 ~ M August 21, 2007 0'1.- J-j-J-13 0-1" 4-.+7'1:- h) City of Iowa City Page 10 g) CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 15.42 ACRES OF LAND LOCATED SOUTH AND WEST OF WHISPERING MEADOWS DRIVE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS-12) (REZ06-00025) (SECOND CONSIDERATION) Comment: At its May 17 meeting, by a vote of 4-2 (Smith & Shannon voting no; Eastham absent), the Planning and Zoning Commission recommended approval of this rezoning, provided the developer agrees to extend Whispering Meadows Drive to the west edge of the Sycamore Greenway to provide for adequate secondary access for the property proposed for rezoning. Staff recommended conditional approval in a report and memo dated May 3 and May 17, respectively. Approval will allow subdivision and development of 46 townhouse-style attached single-family dwellings. Applicant has requested expedited action. Action: U~~ w~".u-t-_~ #i~~ ~_<lJ W -~A7f ~ CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 34.86 ACRES OF LAND LOCATED SOUTH AND WEST OF WHISPERING MEADOWS DRIVE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) AND HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS-12) TO PLANNED DEVELOPMENT OVERLAY 8 (OPD-8) AND PLANNED DEVELOPMENT OVERLAY 12 (OPD-12) (REZ06-00026) (SECOND CONSIDERATION) J:; Comment: At its May 17 meeting, by a vote of 6-0 (Eastham absent), the Planning and Zoning Commission recommended approval, subject to approval of REZ06-00025 (see previous item) and subject to conditions regarding approval of wetland mitigation and its long term monitoring and maintenance. Staff recommended conditional approval in a report and memo dated May 3 and May 17, respectively. Approval will allow development of a 122-lot residential subdivision on property that contains sensitive environmental features. Applicant has requested expedited action. Action ~/Il=;;/ ~~7!d;f' rC~~ 'le~ ~ August 21, 2007 i) (:) '1 -' :J.Lf 7 oio-Lfd15 j) ol~43'(P k) City of Iowa City Page 11 CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WHISPERING MEADOWS SUBDIVISION, PART 4, IOWA CITY, IOWA (SUB06-00017) Comment: At it May 17 meeting, by a vote of 6-0 (Eastham absent), the Planning and Zoning Commission recommended approval associated with their recommendation to approve with conditions REZ06-00025 and REZ06-00026. Staff recommended approval in a report and memo dated May 3 and May 17. Approval will allow development of a 122-lot residential subdivision on property that contains sensitive environmental features. Action: ~kfj;;Y~-L; U?.a.~ ~ / CONSIDER AN ORDINANCE REZONING APPROXIMATELY 2.35 ACRES OF PROPERTY LOCATED AT 802 S. CLINTON STREET FROM INTENSIVE COMMERCIAL (CI-1) ZONE TO NEIGHBORHOOD PUBLIC (P-1) ZONE (REZ07-00009) (PASS AND ADOPT) Comment: At its June 7 meeting, by a vote of 6-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated June 7. Approval will allow for a redevelopment of the recently acquired land by Johnson County for the construction of a new administrative building. Action ~ l ~~ e '" ""--' ({J);.t2 %./ , , r'~ // CMH ~r CONSIDER AN ORDINANCE VACATING A PORTION OF COURT STREEt ~ RIGHT-OF-WAY BETWEEN CLINTON STREET AND CAPITOL STREET. (VAC07-00003) (PASS AND ADOPT) Comment: At its June 7 meeting, by a vote of 6-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval of the vacation, subject to the retention of any necessary utility easements. Staff recommended approval, in a report dated June 7. Approval of the vacation will create a consistent right-of-way by eliminating a jog in the North right-of-way line along Court Street. Action: ~/ ~~a,t/ u.*~~> August 21, 2007 0'7 -d.4~ o7""d.LjCj City of Iowa City Page 12 I) AUTHORIZING CONVEYANCE OF THE VACATED PORTION OF COURT STREET RIGHT-OF-WAY BETWEEN CLINTON STREET AND CAPITOL STREET. Comment: The City Council is considering final passage and adoption of an ordinance vacating a 156 square foot portion of the right-of-way along the north side of Court Street between Clinton and Capitol Streets. The right-of-way line along the north side of Court Street currently has a jog mid-block. The adjacent property owner, University View Partners, has requested the City convey to them this 156 square foot portion of the right-of-way to establish a consistent right-of-way line and facilitate development. In exchange for this conveyance, University View Partners will convey to the City an approximately equal sized parcel east of the vacated portion, along the right-of-way line, which will be dedicated for public use. City staff recommends this conveyance subject to the retention of a blanket utility easement over the portion vacated. a) PUBLIC HEARING Action: t\.n ~- at1.PA~J7~. b) CONSIDER A RESOLUTION Action: t<!J1 ~t;~~L~ I{/~ % m) CONSIDER A RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF NORTH FORTY FIRST SUBDIVISION, JOHNSON COUNTY, IOWA (SUB07-00004/SUB07-00005) Comment: At it July 19 meeting, by a vote of 6-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval, subject to staff approval of legal papers and construction drawings prior to Council consideration. Legal papers have been approved. It is anticipated that construction drawings will be approved prior to the Council meeting. Staff recommended approval in a report dated July 19. Approval will allow the development of a 3-lot, 3.00-acre residential subdivision located west of Kansas Avenue and south of IWV Road SW. Action: ~/cf}LJ { ~./~ 7/~ / (~~ d-/~ August 21, 2007 City Of. Iowa City , . L.. Page 13 nt.-. -Jt 7 .p? if '1 (JU:-~ Ii/' z'b ~--v) a;/ it'" av q .3 a.-- ~~ J ' In fL_-___~ ITEM 7. RESOLUTION RE: CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 983 LONGFELLOW PLACE. Comment: The buyer who proposed to purchase 983 Longfellow Place has canceled the agreement and no longer wishes to purchase the property. In light of said cancellation, the public hearing scheduled for August 21, 2007, on the conveyance of 983 Longfellow Place should be canceled and Resolution No. 07-212 should be rescinded. a) PUBLIC HEARING (CANCELED) Action: 07- J:>CJ b) CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 07-212, WHICH SET PUBLIC HEARING FOR AUGUST 21, 2007, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 983 LONGFELLOW PLACE. Action: ~/~;'/4) &/.~ 7/0 I' ITEM 8. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 962 LONGFELLOW COURT. Comment: The Iowa City Housing Authority, under its Affordable Dream Home Program, proposes to sell 962 Longfellow Court. The amount of the sale will be $147,000. The buyer works as a teacher at the Montessori School and the family meets income eligibility criteria. The buyer will be contributing $500 for the down payment and has received a written commitment for a mortgage from a local bank in the amount of $109,400. The City will provide a second mortgage for the remaining $37,100. This sale will provide the opportunity for a low-income family to obtain ownership of their own home. a) PUBLIC HEARING Action: (\0 \, ~ ~AA./-/ D1; )~o b) CONSIDER A RESOLUTION Action: O'>>! (l~~ /~~ 7rJ August 21, 2007 ITEM 9. 0[1- :l ;1 ITEM 10. o/"~5o City of Iowa City Page 14 AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 985 LONGFELLOW COURT. Comment: The Iowa City Housing Authority, under its Affordable Dream Home Program, proposes to sell 985 Longfellow Court. The amount of the sale will be $147,000. The buyer works as a secretary for the Iowa City Community School District and the family meets income eligibility criteria. The buyer will be contributing $1,000 for the down payment and has received a written commitment for a mortgage from a local bank in the amount of $111,000. The City will provide a second mortgage for the remaining $35,000. This sale will provide the opportunity for a low-income family to obtain ownership of their own home. a) PUBLIC HEARING Action: -1\(/ ~ ~~--' ~--f! b) CONSIDER A RESOLUTION Action: @~~)/&u~~1 CAAA~~j0 APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ALPLA, INC. Comment: At its July 24, 2007 meeting, the City Council Economic Development Committee voted 3-0 to recommend that the City Council provide support to a new project at Alpla, Inc. The agreement outlines the details regarding the provision of TIF assistance for Alpla, Inc., a project within the Heinz Road Urban Renewal Area. Alpla is proposing to invest $5 million on an 82,200 square foot expansion of their manufacturing, warehouse and production facilities. The performance-based TIF agreement requires Alpla to pay all property taxes, maintain 180 permanent full time jobs and add 25 new permanent full time jobs before rebates on the incremental improvements begin. TIF agreement and staff memorandum included in Council packet. a) PUBLIC DISCUSSION Action: cx/:7~~ J:?~ ~ . b) CONSIDER A RESOLUTION Action: ~,O"f /~~ ~.~ ~ /' II IU' August 21, 2007 City of Iowa City Page 15 ITEM 11. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE NAPOLEON PARK CONCESSION AND RESTROOM FACILITY, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This project will replace the old and inadequate concession/restroom building in Napoleon Park. It will primarily serve the Iowa City Girls' Softball Program and miscellaneous softball and youth baseball tournaments conducted at the Napoleon complex. The size of both the restrooms and the concession area will be substantially increased to better serve these programs. The estimated construction cost is $275,000 and will be financed with G.O. Bonds and contributions from the Iowa City Girls' Softball organization. a) PUBLIC HEARING Action: ~JV~ 1\0 ~~~. CONSIDER A RESOLUTION 01-;6/ b) Action: ~'~~ ~J4 C~) 10 ITEM 12. CONSIDER 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 ALLOW FENCING TO REMAIN YEAR ROUND ON CAFES LOCATED ON CONCRETE PLATFORMS AND TO CLARIFY THAT CAFES MAY BE LOCATED ON PUBLIC RIGHT-OF-WAY. (FIRST CONSIDERATION) Comment: The current definition of sidewalk cafe provides that the cafe is located on the sidewalk whereas other provisions of the ordinance do not limit cafes to the sidewalk. This ordinance clarifies that cafes can be located on portions of the right-of-way other than the sidewalk. Additionally, staff recommends that the public works director have the discretion to approve a cafe on a concrete platform in the right-of-way that is not the sidewalk and that the fencing for those cafes need not be taken down from December through February. Action: (Q' [lJ &~ f /;?d/ ~../. 11ftJM 7'& / August 21, 2007 ITEM 13. ITEM 14. o {'" cQ,c;~ City of Iowa City Page 16 CONSIDER AN ORDINANCE AMENDING TITLE 16 OF THE CITY CODE, ENTITLED "PUBLIC WORKS," CHAPTER 3, ENTITLED, "CITY UTILITIES," ARTICLE G, ENTITLED "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," TO DELETE THE EXEMPTION FOR CONCRETE TRUCK WASH OUT. (FIRST CONSIDERATION) Comment: The illicit discharge ordinance, which controls storm water runoff, exempts from regulation certain types of discharge including "concrete truck wash out." Federal law and the City's national pollutant discharge elimination system (NPDES) general permit require the City to control concrete truck wash out. Staff initially anticipated regulating concrete truck wash out with another ordinance, but now recommends deleting the exemption for concrete truck wash out. Action _~ ~ ~~ /51' c (/ .4 j/) k Q' , ~~ ~~; ih.~~-~!~~ CONSIDE~ A RESOLUTION APPROVING FUNDING FbR GLUTEN EVOLUTION, LLC FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Comment: On July 24 the City Council Economic Development Committee recommended $50,000 in funding for this project. The Council Economic Development Committee has recommended that these funds be as a loan at 3% interest for a term of 7 'years. Due to high owner commitment and investment in the business, the owner's history of paying loan obligations, and the owner's experience with research and development, the committee recommended funding this business even though the loan will not be fully secured. The loan will be partially secured by a mortgage on the personal residence of the president of the company. Said project will create 1.5 full- time equivalent positions for low-moderate income persons. Staff memorandum included in Council packet. Action: (t2.,Q IJ:;____ ~~ t/~~~/ ~ &~~ ~~/ ;:: ~~ August 21, 2007 ITEM 15. 'cil / J.6 3 ITEM 16. (") 1- d.S 1-\ ITEM 17. o l - ("~ e:;r.; City of Iowa City Page 17 /()~.4d'~ . CONSIDER A RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT FOR CONDUCTING AN INTENSIVE SURVEY OF THE NEAR SOUTHSIDE AREA TO IDENTIFY, EVALUATE AND PREPARE DOCUMENTATION FOR THE HISTORIC PROPERTIES. Comment: The Historic Preservation Commission wishes to apply for the 2008 Certified Local Government Grant from the State Historical Society of Iowa (SHSI) to hire a historic preservation consultant to identify, evaluate, and prepare documentation for historic properties the Near Southside Area. This survey project will help in achieving one of the goals of the 1992 Iowa City Historic Preservation Plan as well as the Near Southside Redevelopment Plan. If the City receives the grant, it is required to provide up to $6,000 in cash and/or in-kind services, volunteer and staff time and supplies as a local match. Memorandum and draft application included in Council packet. Action: ~~~ 4kP~ ~;} ~ ':W II CONSIDER A RESOLUTION NAMING THE ENTRY DRIVEWAY TO THE IOWA CITY WATER TREATMENT PLANTAATKINS DRIVE. s-k-c k e It.- Comment: This resolution hames the Water Treatment Plant driveway "Atkins Drive" in recognition of the contributions Stephen J. Atkins made to the City of Iowa City in his role as City Manager for over 21 years. Action IJ~-d,~r:j ~/~ 7/& CONSIDER A RESOLUTION NAMING THE POND AREA LOCATED WITHIN THE THORNBERRY OFF-LEASH DOG PARK AS LILY'S POND. Comment: In order to finance and develop the Thornberry Off-Leash Dog Park, the Johnson County Dog Park Action Committee (DogPAC) not only undertook a sizeable fund raising effort, but also did much of the leg work with development plans and construction efforts. Much of this was achieved thanks to the tireless efforts of Beth Shields, Past President of DogPAC. The DogPAC Board of Directors and the Parks and Recreation Commission have both voted to recommend that Beth's efforts be recognized by naming the pond area in honor of her Dalmatian, Lily, who recently passed away. Action: ttJ'lJ /:&~ f C/___.. ~ ,A~~ ;0 August 21, 2007 ITEM 18. 01 -- J.5lt>. ITEM 19. D 7 - CJ..57 ITEM 20. D7 ~ db ~ City of Iowa City Page 18 CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE OLD HIGHWAY 218 WATER MAIN EXTENSION PROJECT. Comment: The City of Iowa City must acquire right-of-way, fee title, permanent easements and/or temporary construction easements to construct the Old Highway 218 Water Main Extension Project. This project involves the extension of existing 12" water main along Old Highway 218 from Riverside Drive, approximately 7000 LF south to Izaak Walton Road. Staff memorandum included in Council packet. Action: ~ / /~/V.At:?~~ ~ 7/~ / CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST CONSULTANT SUPPLEMENTAL AGREEMENT NUMBER 1 TO THE AGREEMENT DATED JUNE 27, 2006, BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MCCOLLISTER BOULEVARD IOWA RIVER BRIDGE PROJECT. Comment: This Supplemental Agreement will enable the City to direct Howard R. Green and Malacological Consultants to proceed with the mussel relocation in the Iowa River based on the results of the mussel survey and requirements by the Iowa Department of Natural Resources Sovereign Lands Construction Permit. This relocation is in preparation for the McCollister Boulevard roadway and bridge project. Action: --&*1 ~~ rRf~ 7~ I CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND / JOHNSON COUNTY, IOWA TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Comment: This agreement allows Johnson County, Iowa to install, operate, and maintain a buried conduit system containing fiber optic cable within City of Iowa City public rights-of-ways. Fiber optic is already in place at some locations within Iowa City and this agreement memorializes the authorization for the continued placement and provides for the possible expansion of the system. Action: (O~~) /to'~ rCJ .Ll r/CJ August 21, 2007 ITEM 21. OJ -- a.f/i ITEM 22. o7-;)J.aO City of Iowa City Page 19 CONSIDER A RESOLUTION REPEALING RESOLUTION NO. 97-112 AND ESTABLISHING A POLICY FOR PAYROLL DEDUCTIONS FOR CHARITABLE ORGANIZATIONS. Comment: In 1997 the City Council established an administrative policy for payroll deductions which required that the charitable organization or the agencies to which the organization provides funds provide all or substantially all of its services to individuals and/or families within Johnson County. In 2006 the Iowa Code was amended to include Section 70A.15A which requires that IT a city authorizes deductions for charitable organizations it must allow deductions for any "eligible charitable organization" as defined in that section. That section does not limit eligible charitable organizations to those located within Johnson County, but rather, those located within the state that represent at least 10 agencies. In light of Section 70A.15A the City's policy regarding payroll deductions must be amended. Staff memorandum included in Council packet. ~ffi$~ ~~ CONSIDER A RESOLUTION RESCINDING RESOLUTION'f NO. ~4, ~ DELEGATING RESPONSIBILITY TO PARTICULAR PERSONS HOLDING SPECIFIED POSITIONS TO IMPLEMENT THE REQUIREMENTS OF CHAPTER 22, IOWA'S PUBLIC RECORDS STATUTE, AND ADOPTING A PUBLIC RECORDS POLICY. Action: Comment: Occasionally open records requests are very broad, and as a result, it is not quickly apparent whether the request includes confidential records. The current Open Records Policy of the City of Iowa City does not include a fee for the City Attorney's time to determine whether confidential records are included. This resolution rescinds Resolution No. 06-364 that established the current policy and adopts a new one. The only change to the current policy is the addition of a provision allowing the City to charge a fee for the City Attorney's review. Action: ~dh( / I/~f #///L~ 7/~ / August 21, 2007 City of Iowa City Page 20 ITEM 23. 07- .;Jf.ol CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 06-355 AND AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE CONTRACTS IN ACCORDANCE WITH THE ANNUAL OPERATING BUDGET, PUBLIC IMPROVEMENT CONTRACTS WHEN THE ESTIMATED TOTAL COST DOES NOT EXCEED $100,000, AND PROFESSIONAL SERVICES CONTRACTS WHEN THE ESTIMATED TOTAL COST DOES NOT EXCEED $50,000. Comment: Recent statutory amendments to Iowa Code 380.4 increased the threshold amount that triggers the need for a Council resolution to initiate, execute and accept public improvement contracts and clarified that this threshold amount only applies to public improvement contracts and not to other expenditures. This resolution reflects these amendments by authorizing the City Manager to initiate, execute and accept public improvement contracts where the estimated total cost does no t exceed $100,000, and to execute contracts for professional services estimated not to exceed $50,000, and rescinds Resolution No. 06-355. Staff recommends approval of this resolution. Action: ettt#~1LMJ / ~fif~A_7 ~/~t?1 Yt? / ITEM 24. 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 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) 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) Youth Advisory Commission - One vacancy (Age 15 to 17 on the date offiling) to fill an unexpired plus a two-year term ending December 31, 2009 (Sarah Ziegenhorn resigned) (4 males and 2 females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, September 12,2007. August 21, 2007 City of Iowa City Page 21 ITEM 25. COUNCIL APPOINTMENTS. ( Human Riqhts Commission - One appointment to fill an unexpired term ending /) ~~IJ{ January 1, 2010. (Sherry Hunter resigned) (2 males and 6 females currently ~~l serve). <. . ~ fftaq~k, ITEM 2~~OMMUNITY COM:~T pF NECESSARY] (I NOT ON THE AGEN~~ ITEM 27. CITY COUNCIL INFORMATION. ~~ ITEM 28. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. -() - b) City Attorney. -- t:) - c) City Clerk. -- e:J -- ITEM 29. ADJOURNMENT. ~/~I q: l/-{J