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HomeMy WebLinkAbout2007-11-27 Agenda Subject to change as finalized by the City Cleric For a final official copy, contact the City Clerk's Office 356-5040. Iowa City City Council Agenda Special Formal November 27, 2007 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street ITEM 1. CALL TO ORDER. ROLL CALL. .#?e:z" ~ SPECIAL PRESENTATION. iJdIp .( ptMJ ~ 6J~ ITEM 2. I! i -:.5-~... ~~W~~ ~..-.~ ..,...-aL. - CITY OF IOWA CITY www.ic.gov.org .H/J ./" _, ~ a) Certificate of Achievement for Excellence in Financial Reporting for 2006 ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Shimek Elementary a) Ruth Grace b) Emma Greimann c) Abigail Herro. 11_ ') Yn? ~ ~ CONSIDE-R ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. ITEM 4. a) Approval of Council Actions, subject to corrections, as recommended by the City Clerk. 1. November 5, Regular Council Work Session 2. November 5, Special Council Formal Official and Complete 3. November 12, Special Council Work Session 4. November 15, Special Council Work Session b) Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). 1. Youth Advisory Commission: October 22,2007 2. Public Art Advisory Committee: September 6, 2007 3. Parks and Recreation Commission: October 10, 2007 4. Parks and Recreation Commission: November 7,2007 5. Planning and Zoning Commission: October 18, 2007 6. Housing and Community Development Commission: October 18, 2007 7. Historic Preservation Commission: October 11,2007 8. Board of Adjustment: October 10, 2007 November 27, 2007 City of Iowa City Page 2 9. Public Library Board of Trustees: October 25, 2007 c) Permit Motions and Resolutions as Recommended by the City Clerk. D7- ~5 d) Motion. Renewal: 1. 2. Class C Liquor License for Suzster, Inc., dba Club Car, 122 Wright St. Class C Liquor License for Bowman Ventures, Inc., dba Fitzpatrick's, 31 0 E. Prentiss St. Outdoor Service Area for Bowman Ventures, Inc., dba Fitzpatrick's, 310 E. Prentiss St. Class C Liquor License for Inc., Limited, dba Sanctuary Restaurant, 405 S. Gilbert St. Special Class C Liquor License for Pagliai's Pizza Palace, Ltd., dba Pagliai's Pizza, 302 E. Bloomington St. Resolution to issue Cigarette Permit to Suzster, Inc., dba Club Car, 122 Wright St. Class C Liquor License for Lusati, Inc., dba Quinton's Bar & Deli, 215 E. Washington St. 3. 4. 5. 6. 7. 1. CONSIDER A MOTION TO ACCEPT ABSTRACT OF VOTES FOR THE IOWA CITY ELECTION HELD NOVEMBER 6, 2007 e) Public Hearings. o1-.3~b 1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON DECEMBER 11, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, SPECIAL PROVISIONS AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT HILL TRAIL PROJECT STP- E-3715(635)-8U-52, 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 construct a new recreation trail along Ralston Creek from Court Hill to Creekside Park. The project will be let by the Iowa Department of Transportation and administered by the City. Resolutions. f) ~', oJ 3.;}1-- 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1303 PRAIRIE DU CHIEN ROAD, IOWA CITY, IOWA AND AT 1319 PRAIRIE DU CHIEN ROAD. Comment: The property owner has three loans from the City for rehabilitation assistance. The loans are secured with separate mortgages. Two of the loans have been satisfied, and this resolution releases those two mortgages. November 27, 2007 City of Iowa City Page 3 nl- 3~ ~ 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF A MORTGAGE FOR THE PROPERTY LOCATED AT 2504 ASTER AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 2504 Aster Avenue received assistance through the City of Iowa City's HOME Investment Partnership (HOME) funds to purchase 2504 Aster Avenue. The owner has paid back the HOME funds used to purchase the property; thus the lien needs to be released. o7J3:J~ 3. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE LANDFILL FY06 CELL CONSTRUCTION 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. g) Correspondence. 1. Acting Traffic Engineering Planner: Install (1) NO PARKING CORNER TO HERE sign at the southwest corner of the Westgate StreetlKeswick Drive intersection 2. Acting Traffic Engineering Planner: Install (2) 20 MPH School Speed Limit sign assemblies on Greenwood Drive near Roosevelt Elementary School 3. Wetherby House: Lowell Soike, [following correspondence previously distributed at 11/15 Special Council Work Session): Kathy Janz, Jane Beattie, Mrs. Theo Lindley, Rod Scott from Iowa Historic Preservation Alliance, Lindsay Alan Park, Mike Havercamp from Friends of Historic Preservation Board of Directors 4. Joni and Sam Schrup: Thank you from the Discerning Eye 5. Amanda Horn: Bicycling in Iowa City [staff response included] 6. Steve Goetzelman: Snow on Downtown Bike Racks 7. Ryan Harney: Oakdale Blvd between Prairie du Chien Road and Highway 1 8. Bruce Maurer: 21 Vote 9. Homelessness: Kendall Gregory, Garry Klein 10. R. C. Dolezal: Stray and Feral Cats 11. Smoking: Hayley Brendengen, Natasha Cardona, Dan Jilek, Christy Kingsmill, Michelle Lopez, Ashley Meade, Kayla Ross, Samuel Smith, Andy Stroud, Sarah Swank, Marc Wetrich, Gretchen Woelfel 12. Brian Shapiro: Assaults on women 13. Jon Leibovitz: Use of cell phones while driving 14. Kevin Young: Road construction projects 15. Carrie Haney: Parking concerns 16. Dan Rice: Abbie Volland in New Orleans EN!:! ~ONSENT CALENDAR. ~-~~ .. 's?---J-. h/~ ~/b ~ ~ November 27, 2007 City of Iowa City Page 4 ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. J,v ~~ 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) 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, (Eastham, Shannon, Smith voting no) The Planning and Zoning Commission recommended denial of this rezoning request. Staff recommended denial in a report dated September 23. Approval would 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. Staff memorandum included in Council packet. 1. PUBLIC HEARING Action ~ct7 f3. ~ . l'\o"1. ~'N\o<': ~/ CONSIDER AN ORDINANCE (FIRST CONSIDERATION) ~/d ~' ~ 2. Action: November 27, 2007 City of Iowa City Page 5 b) AMENDING A PREVIOUSLY APPROVED SENSITIVE AREAS DEVELOPMENT PLAN AND REZONING OF APPROXIMATELY 10.41 ACRES OF PROPERTY LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE. (REZ07-00015) ~~ ~ /kur Y Comment: At its October 18 meeting, by a vote of 6-1 (EaS~m voting no). 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. 1. PUBLIC HEARING 2. ~/~ ~ ~~ ~~"""'~/Y\. ~ CONSIDER AN ORDINANCE (FIRST CONSIDERATION) - ~ &/~/~~ /4r'~ ~~ ,. M-~ ~/t?J ~~ CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF CARDINAL POINTE SOUTH PART ONE AND PART TWO, IOWA CITY, IOWA. (SUB07- 00009 ) Action: Action: 01- 330 c) Comment: At its October 18 meeting, by a vote of 7-0, The Planning and Zoning Commission recommended approval subject to staff approval of legal papers and construction drawings prior to Council consideration. It is anticipated that construction drawings and legal papers will be approved prior to the Council meeting. Staff recommended approval in a report dated October 18. Approval will allow the development of a 39-lot, 45.04-acre residential subdivision located east of Camp Cardinal Boulevard, south of Kennedy Parkway. Action: &JVJ~ f L'~;lf~) ~ ~ ~ November 27, 2007 City of Iowa City Page 6 d) CONSIDER SENDING A LETTER TO THE JOHNSON COUNTY BOARD OF ADJUSTMENT RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR AN ELECTRICAL UTILITY SUBSTATION ON A 3.18-ACRE PROPERTY LOCATED IN THE FRINGE AREA AT 4872 340TH STREET NE (CZ07 -00003) Comment: At its November 15 meeting, by a vote of 6-0, (Koppes absent) the Planning and Zoning Commission recommended approval. Staff recommended approval in report dated November 15. Approval by the Johnson County Board of Adjustm~nt .will allow Alliant Energ~ to construct ~n ~Ie?trical s.ubstation and communications tower at 4872 3401 Street NE, which IS In the fringe area, but outside the City's growth area. Action: ~~//1 / /.fy<J~~ 4// " .A.-J (f ITEM 7. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST OF CONSTRUCTION OF TWO DUPLEX HOMES UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM LOCATED ON LOTS 13 & 16, LONGFELLOW PLACE, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 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. The estimated construction cost per dwelling unit is $133,000. a) PUBLIC HEARING Action: 7[p ~ ~A-/~ 01-331 b) CONSIDER A RESOLUTION Action: &'.9/~6~ ~ ;; ~,;.A'..) ~ ~~ November 27, 2007 City of Iowa City Page 7 ITEM 8. 07 - 33d-. ITEM 9. 07- 4-J.Q3 AMENDING THE FY2008 OPERATING BUDGET Comment: This public hearing is being held to receive comment on amending the FY2008 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: Y'e ~~A// t!0u/ b) CONSIDER A RESOLUTION Action: {Cl/J/ U?~~~~ ~'.IfJ J~ 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. (PASS AND ADOPT) 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: (D ~/ ...4"..;ht I-~~. 54/1 /I ~...:: _) If ~~ ~~ ff November 27, 2007 City of Iowa City Page 8 ITEM 10. 07- 4J94,. ITEM 11. ITEM 12. 01'" 3?,3 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. (PASS AND ADOPT) 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: ~/~ {tef a./ I.!h~./~ ~"IU" . ~ CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 8, ENTITLED "POLICE CITIZEN REVIEW BOARD," TO MAKE THE PROVISIONS OF THE POLICE CITIZENS REVIEW BOARD IN THE CITY CODE CONSISTENT WITH THE CITY'S HOME RULE CHARTER. (FIRST CONSIDERATION) Comment: At the November 6, 2007 election, the voters amended the City's Home Rule Charter to create a permanent Police Citizens Review Board. This ordinance makes the current PCRB provisions in the City Code consistent with the Charter amendment. /~ e..-- t/ q v ~-"1t ~ ~~ CONSIDER A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND GESSNER GROUP, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE SENIOR CENTER BOILER AND CHILLER REPLACEMENT PROJECT. Action: ~/~ ~ Comment: This agreement between the City of Iowa City and Gessner Group, Inc., is for a contract of services to prepare preliminary to final design and bid documents for the Senior Center Boiler and Chiller Replacement Project. The negotiated price is for $61,750.00. Action: ~/I/~ ~b/A~~~ ~ ~~ November 27, 2007 City of Iowa City Page 9 ITEM 13. o1-~-;4- ITEM 14. 07-335 ITEM 15. CONSIDER A RESOLUTION RESCINDING PRIOR RESOLUTION NO. 06-349 AND IN LIEU THEREOF SETTING FEES AND INSURANCE REQUIREMENTS WITH RESPECT TO THE ADMINISTRATION OF REGULATIONS FOR TAXICABS, BY INCREASING THE VEHICLE DECAL ISSUANCE AND REPLACEMENT FEE TO REFLECT INSPECTION COSTS Comment: In 2006 the City initiated inspection of all taxicabs by the City Equipment Division twice a year. The ordinance was recently changed back to an annual inspection. In 2007 a taxi company paid an annual fee of $20 and $40 every six months per vehicle. The change would reduce the requirement of $40 twice a year to $60 once a year to cover inspection costs; while the company remains at $20. Staff recommends approval. Action: ~f~~A;; ~~ CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT AMONG THE CITY OF IOWA CITY, JOHNSON COUNTY, THE CITY OF CORALVILLE, JOHNSON COUNTY EMERGENCY MANAGEMENT COMMISSION, AND THE CITY OF NORTH LIBERTY FOR JOINT EMERGENCY COMMUNICATIONS SERVICES FOR JOHNSON COUNTY. Comment: This 28E Agreement creates a separate legal entity to conduct and manage all facets of joint emergency response throughout the County, including a building, equipment, and personnel. Coralville, North Liberty, and the Johnson County Emergency Management Commission have already signed the agreement, and it will be . on the agenda for the November 27 Board of Supervisors meeting. The separate legal entity will be funded by a supplemental levy, which the Board of Supervisors intends to certify beginning in fiscal year 2009. Action: ~;t:J/P ~~~ ~~ 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 - O/'le vacancy to fill a six-year term January 1, 2006 - December 31, 2011. (Term expires for Mark Anderson) (3 males and 0 females currently serve). November 27, 2007 City of Iowa City Page 11 ITEM 16. COUNCIL APPOINTMENTS. ~ .~;, uti jt.D @ruO a-; a) Board of Appeals - One appointment, (Building Design Rep) to fill an unexpired term ending December 31, 2009. (Douglas DuCharme resigned) (5 males and o females currently serve). c1 1,,5 ~ ~ ~e~~~~ b) Historic Preservation Commission - oni~ifn~ to fill an u XPir~d plus a three-year term ending March 29, 2011. (John McCormally resigned) (5 males and 4 females currently serve). Action: Action: ~~/JGI~f~A" c) Human Service/Aid to Aaencies - 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: ITEM 17. &. at' tt/56 '?l~ COMMUNITY COMMENT [IF NECESSARY] (ITEM NOT ON THE AGENDA). ITEM 18. CITY COUNCIL INFORM~ON. ~~ ITEM 19. REPORT ON ITEMS FROM CITY STAFF. City Manager. -?J -- a) b) City Attorney. -- t!J - c) City Clerk. -,c:? - ITEM 20. ADJOURNMENT. . ~ I t!.H~ Cj:o/t) f'~ November 27, 2007 City of Iowa City Page 10 c) Board of Adiustment - One vacancy to fill a five-year term January 1, 2008 - January 1, 2013. (Term expires for Carol Alexander) (2 males and 1 female currently serve). d) Board of Appeals - One vacancy, (Licensed Plumber) to fill a five-year term January 1, 2008 - December 31, 2012. (Term expires for Gary Haman) (5 males and 0 females currently serve). e) Human Rights 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). f) 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). g) Public Art Advisorv 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) (2 males and 1 female currently serve). h) Senior Center Commission - One vacancy to fill three-year terms January 1, 2008 - December 31, 2010. (Term expires for Betty Kelly) (4 males and 2 females currently serve). i) Youth Advisory Commission...., One vacancy - Two Year Term January 1,2008 - December 31,2009 One (1) person - Age 18 to 21 on the date of filing (Term expires for Maison Bleam) (3 Males and 2 females currently serve) j) 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 2 female currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, December 5,2007. New: ~ APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, January 2,2008. ~k~ k) Board of Adjustment - One vacancy to fill an unexpired term ending January 1, 2009. (See correspondence included in Council packet) (2 males and 1 female currently serve ,~ 1 ~~5._~... ~~W!:~ ~... ~a:a.' -..~ 1 TO: FROM: RE: CITY OF IOWA CITY MEMORANDUM Mayor, City Council, General Public City Clerk Addition to November 27 Agenda ITEM 15(1) Board of Appeals - One vacancy, (At-Large) to fill an unexpired term ending December 31,2011. (At their 11/26 work session Council agreed to designate Stephen Buckman as the Building Design Rep thus creating an At-Large vacancy) (5 males and 0 females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, January 2, 2008.