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Home My WebLink About2008-01-29 AgendaSubject 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 January 29, 2008 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street ~~.~ ~~~~ CI~T O IOWA CITY www.icgov.org ITEM 1. CALL TO ORDER. '~~~~~~ ~ '~~~~~"' r~~ ROLL CALL. ~C~'4'~ ~~~~ ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Lucas Elementary a) Andrew Abrams b) Tiara Phillips 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. January 7, Special Council Work Session 2. January 8, Special Council Work Session 3. January 14, Special Council Formal Official and Complete 4. January 14, Special Council Work Session 5. January 15, 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. Youth Advisory Commission: December 12,2007 2. Planning and Zoning Commission: January 2, 2008 3. Public Art Advisory Committee: December 6, 2007 4. Planning and Zoning Commission: December 20, 2007 5. Board of Appeals: August 13, 2007 6. Historic Preservation Commission: December 13, 2007 7. Airport Commission: December 13, 2007 8. Human Rights Commission: October 23, 2007 9. Public Library Board of Trustees: December 20, 2007 January 29, 2008 City of Iowa City Page 2 c) 0 8- 1 g Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class C Liquor License for Bread Garden of Garden Market & Bakery, 225 S. Linn St. 2. Outdoor Service Area for Bread Garden of Garden Market & Bakery, 225 S. Linn St. Renewal: 3. 4. 5. 6. 7. 8. 9. .10 Iowa City, LC, dba Bread Iowa City, LC, dba Bread Class C Beer Permit for Johncy's Convenience Store, Iowa City dba Johncy's Convenience Store, 731 S. Riverside Dr. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St. Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St. Outdoor Service Area for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St. Class C Liquor License for Grimoore, Inc., dba Speakeasy, 171 Hwy. 1 West. Outdoor Service Area for Grimoore, Inc., dba Speakeasy, 171 Hwy. 1 West. Class C Liquor License for Farras Productions, Inc., dba Farras Productions, 320 E. Burlington St. Resolution to issue Cigarette Permit to Bread Garden of Iowa City, LC, dba Bread Garden Market & Bakery, 225 S. Linn St. Resolution to issue Dance Permit to Grimoore, Inc., dba Speakeasy, 171 Hwy. 1 West.; Farras Productions, Inc., dba Farras Productions, 320 E. Burlington St.; and One Poor Student, Inc., dba One-Eyed Jake's, 18-20 S. Clinton St. 0 ~'' f ~j 11 d) Motion. 1. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $10,821,574.69 FOR THE PERIOD OF DECEMBER 1 THROUGH DECEMBER 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. January 29, 2008 City of Iowa City Page 3 e) Resolutions. ~g,a~ 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR PROPERTY LOCATED AT 614 RUNDELL STREET, IOWA CITY, IOWA. Comment: Hills Bank and Trust Company has requested that the City approve a Subordination Agreement for property at 614 Rundell Street. The owners of the property received loans from the City of Iowa City's Housing Rehabilitation funds. The property has enough equity to cover the City's lien position. o~''a'I 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LUBIN TRUST, AND TENANT, MOTIF, LTD D/B/A BO-JAMES, FOR A SIDEWALK CAFE. Comment: Lubin Trust, as landowner, and Motif, Ltd., d/b/a as Bo- James, seek a renewal of a license agreement for temporary use of public right-of-way at 118 Washington St., Iowa City, Iowa for a sidewalk cafe. ~~~ a.2- 3. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER IOWA STATE BANK & TRUST CO, AND TENANT, ICBB, LTD D/B/A BROWN BOTTLE, FOR A SIDEWALK CAFE. Comment: Iowa State Bank & Trust Co, as landowner, and ICBB, Ltd., d/b/a as Brown Bottle, seek a renewal of a license agreement for temporary use of public right-of-way at 115 Washington St., Iowa City, Iowa for a sidewalk cafe. January 29, 2008 City of Iowa City Page 4 f) Correspondence. 1. Jerry Raaz: Branding for Iowa City 2. Garry Klein: City Manager Selection Process 3. Planned Parenthood / Emma Goldman: Michael Adams, Tracy Matthews 4. Valerie Chittick: Downtown Snow Removal and Street Cleaning 5. Adam Herrig: RefuselRecycling Rates 6. Kevin Meller: Iowa City/Coralville Jaycees funding request ~1.- J~s~ END QF C SENT CALENDAR. 1, l~//~ui.~ „~J / C~ ' i ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. ~~ , ITEM 5. PLANNING AND ZONING MATTERS. (Item "b" 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 FEBRUARY 19 ON A RESOLUTION TO AMEND THE COMPREHENSIVE PLAN, ADOPTING THE 2007 HISTORIC PRESERVATION PLAN, WHICH REPLACES THE 1992 HISTORIC PRESERVATION PLAN. Comment: At its January 17 meeting, by a vote of 4-1 (Brooks and Smith absent, Eastham voting no), the Planning and Zoning Commission recommended approval. The Historic Preservation Commission recommended approval at their meeting on November 7 and made revisions to the plan per request of the Planning and Zoning Commission at its January 10 meeting. The Historic Preservation Plan contains policies and recommendations for the identification, preservation and regulation of historic landmarks, properties and neighborhoods. Action: L:-~~~-~-~.' / C-~2t~~~.~, r ~;~--,®~ C[TY C)F [UWA CITY ,~®,~-~ RA N D u ~ ~ E~~J TO: Mayor, City Council, General Public FROM: City Clerk RE: Addition/Revisi ~a~'ry~9 Agenda CONSENT CALENDAR ITEM 3f (7) (Addition) Marybeth Slonneger: Wetherby Cottage **** ITEM 6 (Revised) CONSIDER A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN THE CITY OF IOWA CITY AND KNUTSON CONSTRUCTION SERVICES, INC. REGARDING REPAIR OF THE DOUBLE TEE ROOF BEAMS AT THE IOWA CITY WATER PLANT. Comment: This Resolution will approve the proposed settlement agreement between Iowa City and Knutson Construction Services, Inc. regarding repair of the double tee roof beams at the Iowa City Water Plant Facility. January 29, 2008 City of Iowa City Page 5 b) CONDITIONALLY REZONING APPROXIMATELY 4.40 ACRES OF LAND AT 2815 ROHRET ROAD FROM LOW-DENSITY SINGLE FAMILY RESIDENTIAL (RS-5) TO COMMERCIAL OFFICE (CO-1) (REZ07-00016) Comment: At its January 2, 2008, meeting, by a vote of 6-0 (Shannon absent), The Planning and Zoning Commission recommended approval of this rezoning subject to conditions to ensure that the property develops in a manner that is compatible with the surrounding residential neighborhood. Staff recommended approval in a report dated December 20. Approval will allow this property to be deve ped with office space in accordance with the concept site plan submitted. ~,~ ) 1. PUBLIC HEARING Acti n: ~~~~~ ~~ 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) F~ ~~ Action: ITEM 6. CONSIDERS A RESOLUTION\APPROVING S MUTUAL RELEASE. S~~ Comment: This R olution will appro e a proposed sett) release which is sch uled for discuss during the ex. ~~~',5~" Monday, January 28, 20 Action: ~~~ MENT AGREEMENT AND agreement and mutual session scheduled for _,!.r -~ CITY 4F [OINR C[TY ~~u E~aR~ TO: Mayor, City Council, General Public FROM: City Clerk RE: Addition/Revision to January 29 Agenda CONSENT CALENDAR ITEM 3f (7) (Addition) Marybeth Slonneger: Wetherby Cottage **** ,__._ . ITEM 6 (Revised) CONSIDER A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST A SETTLEMENT D ~' a'3 AGREEMENT AND MUTUAL RELEASE BETWEEN THE CITY OF IOWA CITY AND KNUTSON CONSTRUCTION SERVICES, INC. REGARDING REPAIR OF THE DOUBLE TEE ROOF BEAMS AT THE IOWA CITY WATER PLANT. Comment: This Resolution will approve the proposed settlement agreement between Iowa City and Knutson Construction Services, Inc. regarding repair of the double tee roof beams at the Iowa City Water Plant Facility. ~h.~c~% / ~~rG~~~~ ~~~t'-et~.,,~ ~ ~ ~ 7 January 29, 2008 City of Iowa City Page 6 ITEM 7. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY WATER FACILITY IMPROVEMENTS DOUBLE TEE ROOF BEAM FRP REPAIRS PROJECT, 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 involves the retrofitting and repair of the Iowa City Water Treatment Plant roof beams. The estimated construction cost is $1,035,000. a) PUBLIC HEARING Action: ~ cC ~--- ~~-a~_ b) CONSIDER A RESOLUTION Action: ITEM 8. RENEWAL OF CLASS C LIQUOR LICENSE FOR ONE POOR STUDENT INC. DBA ONE-EYED JAKE'S, 18-20 SOUTH CLINTON STREET. Comment: The 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 Fire 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 Fire Department. a) HEARING Action: ~E b) CONSIDER A MOl RECOMMENDATION ~ ~ ~~ ti ,..mot-rte-~ ~~ c~ ~~~ DENY ~~tN ACCORDANCE WITH STAFF Action: t~ ,~~ , - J ~~, ~~ ~~~ January 29, 2008 City of Iowa City Page ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 7, ENTITLED "FIRE PREVENTION AND PROTECTION," CHAPTER 3, ENTITLED "FALSE FIRE ALARMS," TO PROVIDE THAT FEES FOR FALSE ALARMS BE SET BY RESOLUTION, TO CLARIFY WHEN A FALSE ALARM FEE IS ASSESSED, TO ELIMINATE THE REQUIREMENT TO SUBMIT CERTAIN INFORMATION, AND TO AMEND DEFINITIONS. (SECOND CONSIDERATION) Comment: Section 7-3 of the City Code provides for fees for false fire alarms and for not responding promptly to reset a false fire alarm. This ordinance simplifies those requirements to assist property owners in complying and the fire department in enforcing the ordinance. The ordinance also defines some additional terms and deletes terms that are not needed. Staff also recommends setting fees by resolution rather than by ordinance. Staff intends to present a resolution setting fees at the council meeting in which the ordinance is to be passed and adopted. Action: ITEM 10. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE yg~a-~{' CITY OF IOWA CITY AND FIRST AMERICAN BANK, IOWA CITY, IOWA FOR PERSONAL BUSINESS PROPERTY LOCATED AT 136 SOUTH DUBUQUE STREET, IOWA CITY, IOWA WITHIN THE BUSINESS OF THE WEDGE DOWNTOWN, INC. (DEFERRED FROM JANUARY 15) Comment: Commercial space on the ground floor of the Iowa City Public Library is being assigned from Leading Edge Enterprises, L.L.C., d/b/a New York NY Deli, to Capanna Coffee, Inc., and Amended to include an additional 210 square feet. A portion is being sublet to The Wedge Downtown, Inc., who is receiving funding from First American Bank. First American requires a subordination agreement to approve the funding. ~ ~~~, ,,~~~~~ Action: __ ~ ~.~~~~ ~~,~~ ~ ,- January 29, 2008 City of Iowa City Page 8 ITEM 11. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AGREEMENT CONSENTING TO THE ASSIGNMENT OF b4~aJ' THE LEASE OF GROUND FLOOR COMMERCIAL SPACE IN THE IOWA CITY PUBLIC LIBRARY BUILDING FROM LEADING EDGE ENTERPRISES, L.L.C., D/B/A NEW YORK NY DELI, TO CAPANNA COFFEE, INC., AND AMENDING THE LEASE TO ADD 210 ADDITIONAL SQUARE FEET TO THE LEASE, AND ASSIGNING RENTAL RATES FOR OPTION PERIODS. (DEFERRED FROM JANUARY 15) Comment: Commercial space on the ground floor of the Iowa City Public Library is being assigned from Leading Edge Enterprises, L.L.C., d/b/a New York NY Deli, to Capanna Coffee, Inc., and amended to include an additional 210 square feet. Rental rates for option periods are also being addressed. As part of the closing, the City will recover all payments due from Leading Edge Enterprises, L.L.C. Action: ~~t~aL;fi~~rQ-~~~~~~~~~~~` ITEM 12. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE O~ , a(o MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COURT HILL TRAIL PROJECT STP-E-3715(635)-8V--52. Comment: Bids for this project were opened on Wednesday, January 16~h by the Iowa Department of Transportation and the following bids were received: Peterson Contractors, Inc. Reinbeck, IA $ 446,441.13 Metro Pavers, Inc. Iowa City, IA $ 490,628.57 Jasper Construction Services Newton, IA $ 498,321.73 Tschiggfrie Excavating Dubuque, IA $ 600,264.07 Iowa Bridge & Culvert, LC Washington, IA $ 686,639.32 Engineer's Estimate $ 610,000.00 Public Works and Engineering recommend award of the contract to Peterson Contractors, Inc. of Reinbeck, Iowa. The project will be funded with a $305,676 Federal Transportation Enhancement Fund grant and the remaining local share will be funded with General Obligation Bond proceeds. Action: ITEM 13. 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.] New: a) Civil Service Commission -One vacancy to fill afour-year term April 7, 2008 - April 2, 2012. (Term expires for Dorothy Maher) (1 male and 1 female currently serve). January 29, 2008 City of Iowa City Page 9 't-,v2- b) Planning & Zoning Commission -Two vacancies to fill $ive-year terms May 1, 2008 -May 1, 2013. (Term expires for Dean Shannon, Ann Freerks) (4 males and 1 female currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, March 5, 2008. ITEM 14. COUNCIL APPOINTMENTS. a) Airport Commission -One vacancy to fill a six year term March 1, 2008 -March J 1, 2014. (Term expires for Howard Horan) (3 males and 1 female currently ~d ~ serve). (~' Action: ~~ 0 ~ ~ ~' b) Airport Zoning Brd of Adjustment -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: c) Airport Zoning Commission -One vacancy to fill asix-year term January 1, 2006 -December 31, 2011. (Term expires for Mark Anderson) (3 males and 0 females currently serve). Action: d) Board of Adjustment -One vacancy to fill afive-year term January 1, 2008 - January 1, 2013. (Term expires for Carol Alexander) (2 males and 1 female currently serve). Action: e) Historic Preservation Commission -Two vacancies (one - At Large and one - Longfellow Representative) to fill three-year terms March 29, 2008 -March 29, 2011. (Term expires for Michael Brennan, Tim Weitzel) (3 males and 5 females currently serve). Action: ~ ~.~-`e' ~ ~/,~ January 29, 2008 City of Iowa City Page 10 f) 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). Action: g) Telecommunications Commission -Two vacancies to fill three-year terms March 13, 2008 -March 13, 2011. (Term expires for Margaret Wieting, Gary Hagen) (3 males and 0 females currently serve). Action: h) Youth Advisory Commission -Two vacancies -Two Year Terms January 1, 2008 -December 31, 2009 Two (2) persons -Age 18 to 21 on the date of filing (Term expires for Maison Bleam) (Jacqueline Stubbers resigned -unexpired term previously included) (3 Males and 2 females currently serve) Action: ITEM 15. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ~/3 5 ITEM 16. CITY COUNCIL INFORMATION. ITEM 17. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. - ~ '~ b) City Attorney.. - ~' '" c) City Clerk. - ~' ITEM 18. ADJOURNMENT. >> ~~ ~~