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Home My WebLink About2007-11-05 Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. -pi 1/leA I! I /ldll',zf Iowa City !~~'t I) A"~" (' ~ _lIDlm~ f'VV- City Council Agenda -..:;;... ~ 'f)at/;J5P''1'f/ CITY OF IOWA CITY IIMfA~'U& Special Formal ft/~~t November 5, 2007 - 7:00 p.m. {ntleh? City Hall - Harvat Hall 410 E. Washington Street www.icgov.org ITEM 1. CALL TO ORDER. ROLL CALL. nv ,l~ PROCLAMATION. (! - (lA~ ~c4~- a) Hunger and Hom~ss A~anfness Week: ~ovember 11-17,2007 ~ ~ ITEM 2. ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Mark Twain Elementary a) Blanca Apolonio b) Sebastian Chavez c) Timothy Wright 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. October 15, Regular Council Work Session 2. October 15, Special Council Formal Official and Complete 3. October 16, Regular Council Formal Official and Complete b) Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). 1. Historic Preservation Commission: September 17, 2007 2. Board of Adjustment: August 8, 2007 3. Parks and Recreation Commission: September 12, 2007 4. Telecommunications Commission: September 24, 2007 5. Human Rights Commission: September 25, 2007 6. Airport Commission: September 13, 2007 7. Airport Commission: September 24, 2007 8. Police Citizens Review Board: September 11, 2007 November 5, 2007 City of Iowa City Page 2 9. Youth Advisory Commission: September 24,2007 10. Planning and Zoning Commission: October 4,2007 11. Housing and Community Development Commission: September 20, 2007 12. Public Library: September 27,2007 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class C liquor License for Caffrey, Inc., dba DC's, 124 S Dubuque St. Renewal: 2. Class C liquor License for Kandy Land, Inc., dba Kandy Land, 928 Maiden Lane. 3. Class C Beer Permit for Aldi, Inc., dba Aldi, Inc. #6, 1534 S. Gilbert St. 4. Class B Beer Permit for Pit Smokehouse, LLC, dba Pit Smokehouse, LLC., 130 N. Dubuque St. 5. Class C Beer Permit for Sector, Inc., dba T & M Mini Mart, 2601 Hwy 6 East. 6. Special Class C Liquor License for India Cafe Corp. dba India Cafe, 227 E. Washington St. 7. Class C Liquor License for Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St. 01- 31?> 8. Resolution to issue Dance Permits to Yelder Enterprises, Inc., dba Que, 211 Iowa Ave.; Kandy Land, Inc., dba Kandy Land, 928 Maiden Lane; Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St. d) Motion. 1. CONSIDER A MOTION TO ACCEPT ABSTRACT OF VOTES FOR THE IOWA CITY ELECTION HELD OCTOBER 9, 2007. 2. CONSIDER A MOTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LETTER OF CONSENT TO THE ASSIGNMENT OF TWO PARKING AGREEMENTS BETWEEN THE CITY OF IOWA CITY AND PLAZA TOWERS, L.L.C. AND BETWEEN THE CITY OF IOWA CITY AND ASHFORD IOWA CITY L.P. TO THE EXTENT OF ASHFORD'S RIGHTS IN SAID AGREEMENTS TO RDB Comment: See attached staff memorandum and correspondence. e) Public Hearings. 01- '3\ 4 1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON AMENDING THE FY2008 OPERATING BUDGET Comment: This resolution sets a public hearing for November 27, 2007 to amend the FY2008 budget. Information will be available to the public on November 13, 2007. November 5, 2007 t> 1'" .! 15 City of Iowa City Page 3 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR NOVEMBER 27, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF TWO DUPLEX HOMES LOCATED ON LOTS 13 AND 16 LONGFELLOW MANOR SUBDIVISION, UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF HOUSING AND INSPECTION SERVICES TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: The City of Iowa City, through the Iowa City Housing Authority, has created the Affordable Dream Home Opportunities Program (ADHOP) using funds received from the sale of public housing units. Under the agreement with HUD, the ICHA is required to reinvest the proceeds to expand affordable housing opportunities in Iowa City. The ICHA intends to build in Longfellow Manor Subdivision two universally designed, two-family dwellings for sale to families who earn up to 80% of median income. f) Resolutions. 01. ~ ,~ "" 3 ''1. 1. 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 2220 HOLLYWOOD BOULEVARD, IOWA CITY, IOWA. Comment: The owners of the property located at 2220 Hollywood Boulevard received assistance through the City of Iowa City's Housing Rehabilitation Program. The terms of the loan have been satisfied; thus the lien needs to be released. 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 807 3fd AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 807 3rd Avenue received assistance through the City of Iowa City's Housing Rehabilitation Program. The loans have been paid off; thus the liens need to be released. November 5, 2007 07 - 31L- o1....~I~ 01- 3JD o -,- 3~' '01- a~a- 3. City of Iowa City Page 4 CONSIDER A RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT "A" OF LOT 77, WALDEN WOOD PART 6, IOWA CITY, JOHNSON COUNTY, IOWA, A 6,507 SQUARE FOOT PARCEL WITHIN THE RESUBDIVISION OF LOT 77, WALDEN WOOD PART 6, AS PUBLIC OPEN SPACE. Comment: In connection with the Subdivider's Agreement resubdividing Lot 77, Walden Wood Part 6, it was agreed that the owner/subdivider Southgate Development would dedicate Outlot A after installing an eight-foot wide, 6-inch thick Portland cement concrete trail across the outlot. The Parks & Recreation Department has inspected the property and determined it is suitable for dedication, and recommends that the City accept dedication of the parcel as public open space. This resolution authorizes acceptance of a deed to the property. A copy of the plat which depicts and legally describes the parcel to be dedicated is attached to the resolution. 4. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2007 PCC PAVEMENT REHABILITATION PROJECT - BENTON STREET. 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. 5. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE NEWTON ROAD WATER MAIN 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. 6. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR HIGHLANDER DEVELOPMENT SECOND ADDITION. Comment: See Engineer's Report. 7. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR SANITARY SEWER PUBLIC IMPROVEMENTS FOR OLDE TOWNE VILLAGE PART 2. Comment: See Engineer's Report. g) Correspondence. 1. JCCOG Traffic Engineering Planner: Installation of a YIELD sign on the Riverside Drive Frontage Road north of Imperial Court November 5, 2007 City of Iowa City Page 5 2. Acting Traffic Engineering Planner: Installation of NO PARKING ANYTIME SIGNS on the north and south sides of Court Street between Arlington Drive and Taft Avenue 3. JCCOG Traffic Engineering Planner: Installation of (1) "NO PARKING HERE TO CORNER" sign on Scott Park Drive north of the Scott Park Drive/Court Street intersection 4. Russell Haught: Ambulatory Surgical Center TIF 5. Janice Horak: Thank you from the Iowa City Community String Orchestra 6. Nathan Mueller: Sand Lake park land usage 7. 21 Ordinance: Andy Craig, Eli Judge, Dennis Kowalski 8. Fred Stern: Disorderly behavior in Brookland Park Neighborhood [petition enclosed with 21 signatures] 9. Gina Kaefring: Marijuana possession 10. Dennis Kowalski: New residents 11. Tom Moreland: Senior Center Policy [staff response included] 12. Carmen Krapfl: Train intersection complaint-Brookland Park area 13. Garry Klein: Doug Hart I>> .~ END OF CONSENT CALENDAR. I / ~r"$i . r; ~i!? '";? oj ~ d 5' ~ (f Off) !//J ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" ~m.J 6ee c?Xffev ITEM 6. PLANNING AND ZONING MATTERS. outlined in the City Attorney's memo Process and Ex parte communications.") (Items "a and b" will proceed as of 2/28/07 entitled "Rezonings, Due a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR NOVEMBER 27 ON AN APPLICATION TO REZONE APPROXIMATELY 0.48 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF LINN AND COURT STREETS FROM CENTRAL BUSINESS SUPPORT (CB-5) ZONE TO CENTRAL BUSINESS (CB-10) ZONE. (REZ07-000014) Comment: At its October 18 meeting, by a vote of 4-3, The Planning and Zoning Commission recommended denial of this rezoning request. Staff recommended denial in a report dated September 23. Approval will allow development of a 12-story building on the former site of St. Patrick's Church. The applicant is proposing 1 floor of commercial and 11 floors of residential containing 148 apartments with a total of 412 bedrooms. Action IMler f:~II~11e-t : ~ e ~ of:v;_ t::ill ar('t7 November 5, 2007 City of Iowa City Page 6 b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR NOVEMBER 27 ON AN ORDINANCE AMENDING A PREVIOUSLY APPROVED REZONING AND SENSITIVE AREAS DEVELOPMENT PLAN FOR APPROXIMATELY 10.41 ACRE PROPERTY LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE. (REZ07-00015) Comment: At its October 18 meeting, by a vote of 6-1, The Planning and Zoning Commission recommended approval of the amended Sensitive Areas Development Plan subject to measures to minimize soil erosion and ensure the long term stability of the impacted slopes. Staff recommended approval in a report dated October 4. Approval will modify the construction area limits to allow additional grading of steep and critical slopes and removal of woodlands on 8 lots within the 24-lot subdivision. Action: IJd It k-r It tI~j / 1341ky I A/I" ~"'5 ITEM 7. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MCCOLLISTER BOULEVARD PCC PAVEMENT [HDP-3715(628)--71-52] AND MCCOLLISTER BOULEVARD BRIDGE [HDP- 3715(634)--71-52] ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT OF BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This project will connect Old Highway 218 at its intersection with Mormon Trek Boulevard to Gilbert Street at its intersection with McCollister Boulevard. The project includes the construction of PCC paving, PCC sidewalks, storm sewer, water main, and a 400' bridge over the Iowa River. The estimated construction cost is $ 6,500,000. The Congressionally Designated Funds (CDF) are estimated at $4.2 million and the remaining local share will be funded with General Obligation Bond proceeds and Water revenues. a) PUBLIC HEARING St!!!e e (4d/ Action: t>1- ~d--3 b) CONSIDER A RESOLUTION Action: (1-".<< '-nt t'~ / 0' D Udn "/0/ ht7€/+- 7/0 / N ovem ber 5, 2007 City of Iowa City Page 7 ITEM 8. RENEWAL OF CLASS C LIQUOR LICENSE FOR YELDER ENTERPRISES, INC., DBA QUE, 211 IOWA AVENUE Comment: This hearing is the time designated for the Council to consider staff recommendation to deny the renewal of the liquor license for the above mentioned establishment in accordance with City Code 4-2-3. A memo from the Police Chief providing information on the violations and recommendation for denial is included in the Council Packet along with copies of correspondence sent to the applicant/owner from the City Attorney's office and the Police Department. a) HEARING Action ~ -P:~ f:!YJI1&r / t/AJldPAIt~t!':.. c.; . /'A-?.A~P~./ b) CONSIDER A MOTION TO DENY IN ACCORDANCE WITH STAFF RECOMMENDATION Action: ~i/~ /,~ ~~~~/Jv 11/1 C'}) ITEM 9. (:&-~ k) CONSIDER AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A NATURAL GAS SYSTEM FOR A PERIOD OF TEN YEARS, WITH A TEN YEAR AND FIVE YEAR RENEWAL THEREAFTER, TO FURNISH, DELIVER AND SELL NATURAL GAS TO SAID CITY AND ITS INHABITANTS. (SECOND CONSIDERATION) Comment: The ordinances which govern the franchise with MidAmerican Energy for providing both electric and gas utilities in Iowa City expired in November 2001. MidAmerican Energy representatives and staff have negotiated renewal of these franchises. This ordinance will grant MidAmerican a franchise for a natural gas system for a period of ten years, with a ten year and five year renewal thereafter. Action i9D / ($lIde-rl1l~e[ ~ec -d P"-MId. ~I:- , & rY"~'d- "Il~ ... November 5, 2007 City of Iowa City Page 8 ITEM 10. ITEM 11. 07- Hd-q~ ITEM 12. 01... 3..JJ./ CONSIDER AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF TEN YEARS, WITH A TEN YEAR AND FIVE YEAR RENEWAL THEREAFTER, TO FURNISH, AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS. (SECOND CONSIDERATION) Comment: The ordinances which govern the franchises with MidAmerican Energy for providing both electric and gas utilities in Iowa City expired in November 2001. MidAmerican Energy representatives and staff have negotiated renewals of these franchises. This ordinance will grant MidAmerican a franchise for an electric and power system for a period of ten years, with a ten year and five year renewal thereafter. Action: e.ku~ i fh<-! tf}, D "t..(~ i4 ' UY'n.. " // \. I I( I CP rr ('It), J..o CONSIDER AN ORDINANCE AMENDING TITLE 5, "BUSINESS AND LICENSE REGUAL TIONS, "CHAPTER 2, "TAXICABS," IN SECTIONS 5-2-2, "TAXICAB BUSINESS LICENSE; VEHICLE DECALS," SUBSECTION C AND D; 5-2-3, "LIABILITY INSURANCE REQUIREMENTS," SUBSECTION A(2); 5-2-4, "VEHICLE INSPECTION REQUIRED," SUBSECTION A1(a) AND (b); 5-2-8, "VEHICLE REQUIREMENTS," SUBSECTION B; 5-2-9, SUBSECTION C, "VEHICLE STAND,"; AND 9-4-10D "PUBLIC CARRIER STOPS AND STANDS," SUBSECTION 2b "TAXICABS," OF THE CITY CODE TO CLARIFY CURRENT REQUIREMENTS, TO INCREASE SAFETY, AND TO REQUIRE ANNUAL INSPECTIONS. (SECOND CONSIDERATION) Comment: City Council passed new regulations regarding taxicabs in November of 2006, and requested a one year review of the regulations. This ordinance would go into effect the beginning of the next licensing year, March 1, 2008. Action i":I:.:::pe.f /&~ f!1f~.2.L C~t~'- % _Il_ek/ _.__;~ a __ &rrt'~ 7~ ( ~~ CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. Comment: This agreement authorizes Howard R. Green Company to provide engineering services necessary to design the next landfill cell on the western half of the landfill site in accordance with state and federal regulations. The total cost of engineering consultant services is $323,400 and will funded with Landfill revenues. Action: OJ1/1t~/~J t/dJlderh~e',( I y//;,I( 7/c / November 5, 2007 City of Iowa City Page 9 ITEM 13. ANNOUNCEMENT OF VACANCIES. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postin9s and on the Council agenda. However, no additional publication costs will be incurred.] Previous: a) Board of Appeals - One vacancy, (Building Design Rep) to fill an unexpired term ending December 31, 2009. (Douglas DuCharme resigned) (4 males and o females currently serve). . b) Historic Preservation Commission - One vacancy, to fill an unexpired plus a three-year term ending March 29, 2011. (John McCormally resigned) (5 males and 4 females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, November 14, 2007. c) Board of Adiustment - One vacancy to fill a five-year term January 1, 2008 - January 1, 2013. (Term expires for Carol Alexander) (3 males and 1 female currently serve). d) Human RiQhts Commission - Three vacancies to fill three-year terms January 1, 2008 - January 1, 2011. (Term expires for Scott King, Sara Baird, Beverly Witwer) (2 males and 4 females currently serve). e) Parks & Recreation Commission - Two vacancies to fill four-year terms January 1, 2008 - January 1, 2012. (Term expires for Margaret Loomer, Jerry Raaz) (7 males and 0 females currently serve). f) Public Art Advisory Committee - Two vacancies, one (1) art or design professional and one (1) ex officio, to fill three-year terms January 1, 2008 - January 1, 2011. (Term expires for Emily Carter Walsh, Emily Martin) (3 males and 0 females currently serve). g) Youth Advisory Commission - One vacancy - Unexpired plus a two-year term ending December 31,2009. One (1) person - Age 18 to 21 on the date of filing (Jacqueline Stubbers resigned) (3 males and 1 female currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, December 5,2007. November 5, 2007 ITEM 14. ~ ~~i! City of Iowa City Page 10 COUNCIL APPOINTMENTS. a) Airport Zoning 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). Action: M~/'~~ b) Airport Zoning 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). Action: IU7 ~. . R~~~J / c) Board of Appeals - Two vacancies, (one HBA Rep and one Licensed Plumber) to fill a five-year term January 1, 2008 - December 31, 2012. (Term expires for John Roffman, Gary Haman) (4 males and 0 females currently serve). Action: :1-2L!.J;-;- ~~</~2Jv d) Senior Center Commission - Two vacancies to fill three-year terms January 1, 2008 - December 31, 2010. (Term expires for Betty Kelly, Jay Honohan) (3 males and 2 females currently serve). Action: -;;: '" j51t!J ~ /4 e) Youth Advisory Commission - Two vacancies - Two Year Terms January 1,2008 - December 31,2009 One (1) person - Age 15 to 17 on the date of filing One (1) person - Age 18 to 21 on the date of filing (Term expires for Audrey Keranen, Maison Bleam) (3 Males and 1 female currently serve) Action: . ~ _~~~~ I /?~~ ~ /2/ f) Human Service/Aid to Agencies - In the past Council has appointed two members to attend hearings and make recommendations to Council on allocations. Mayor Pro tem Bailey and Council Member Champion have served in that capacity along with UISG Rep. Volland. Action:~/'~ ~J y~ ~.N ?# November 5, 2007 ITEM 15. ITEM 16. ITEM 17. ITEM 18. City of Iowa City Page 11 COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). t/i%~~ CITY COUNCIL INFORMATION. a) b-P'/ ~~ REPORT ON ITEMS FROM CITY STAFF. _ c:'-- City Manager. b) City Attorney. - 0- c) City Clerk. -0 --- ADJOURNMENT. t/vu<.Re~ / t:/P;,;::# 1.'tfz') ~