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HomeMy WebLinkAbout2008-04-01 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. i? =.:.®~r Iowa City ~ _~~~c~,i~'~~ . ,~®,~~ City Council Agenda --~-- CITY OF IOWA CITY Regular Formal Apri 11, 2008 - 7:00 p. m. City Hall - Harvat Hall 410 E. Washington Street www.icgov.org ITEM 1. CALL TO ORDER. ~~~~~ ?~a~~ ROLL CALL. ~~ ~~~~i ~, ) ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Helen Lemme Elementary .- ~~~~ a) Angela Chay b) Joanna Eyanson c) Molly Hayes d) Collin Rogers ITEM 3. SPECIAL PRESENTATION a) Trees Please! / ITEM 4. PROCLAMATION. a) Willowwind Appreciation Day: April 19, 2008 b) Iowa Valley Habitat for Humanity builds Iowa City Homes Week: April 13-19, 2008 ~~~ ~~ ~~~ ITEM 5. 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. March 3, Special Council Work Session 2. March 4, Regular Council Formal Official and Complete 3. March 11, Special Council Formal Official and Complete 4. March 11, Special Council Work Session 5. March 11, Special Council Formal Official and Complete April 1, 2008 City of Iowa City Page 2 b) Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). 1. Public Art Advisory Committee: February 7, 2008 2. Police Citizens Review Board: January 8, 2008 3. Historic Preservation Commission: January 10, 2008 4. Historic Preservation Commission: February 28,2008 5. Parks and Recreation Commission: February 20, 2008 6. Airport Commission: February 14, 2008 7. Airport Commission: March 6, 2008 8. Telecommunications Commission: March 3, 2008 9. Human Rights Commission: February 26, 2008 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class B Beer Permit for P & S Restaurant Group, dba Pizza Ranch, 1610 Sycamore St. Renewal: 2. Class C Liquor License for Little Donkeys, Inc., dba Panchero's Mexican Grill, 32 S. Clinton St. 3. Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. 4. Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. 5. Class C Liquor License for Freshmex Iowa City, LLC, dba Panchero's Mexican Grill, 965 S. Riverside Dr. 6. Class C Liquor License for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St. 7. Outdoor Service Area for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St. d) Motions. 1. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $8,888,827.17 FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 29, 2008, 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. April 1, 2008 City of Iowa City Page e) Public Hearings. ~ g- ~.5 1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON APRIL 14, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2008 PAVEMENT REPLACEMENT FOR WATER MAIN 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: This project consists of the removal and replacement of existing PCC, HMA, and Brick pavement in association with the in- house 2007 Water Main Replacement Program located at Koser Avenue and Highland Drive, Morningside Drive and Lowell Street, and Roosevelt Street. It also includes the removal and replacement of existing sidewalk and ADA Compliant handicap ramps in these areas. The funding source is Water revenues. The estimated cost is $93,000. f) Resolutions. O g'" 7 So 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA FINANCE AUTHORITY, DES MOINES, IOWA FOR PROPERTY LOCATED AT 8, 16, 24, 32, 35, 27, 19, 11 CONEFLOWER COURT, 424 DOUGLASS COURT, 441 DOUGLASS COURT AND 913-913'/z N GOVERNOR, IOWA CITY, IOWA. Comment: Iowa Finance Authority has requested that the City approve a Subordination Agreement for property at 8, 16, 24, 32, 35, 27, 19, 11 Coneflower Court, 424 Douglass Court, 441 Douglass Court AND 913- 913 '/z N Governor . The owners of the property received partial financing of the project from the City of Iowa City's General Obligation Bonds. The property has enough equity to cover the City's lien position. o ~S' 'J'] 2. CONSIDER A RESOLUTION TO ADOPT AMENDED STANDARD OPERATING PROCEDURES AND GUIDELINES FOR THE IOWA CITY POLICE CITIZENS REVIEW BOARD BY AMENDING SECTION IV AND SECTION VI, ADDING SUBPOENA POWER AND COMMUNITY FORUMS, AND NON SUBSTANTIVE CHANGES AND FORMATTING ISSUES, AND REPEALING RESOLUTION 04-308. Comment: At their March 11, 2008 meeting the Police Citizens Review Board recommended changes to Section IV and Section VI to amend the standard operating procedures to include the changes made necessary from the amendments to the Home Rule Charter, and non substantive changes and formatting issues. Draft minutes provided in March 27 information packet. This action was initiated by a petition filed with the City Clerk on August 20, 2001, to amend the Charter; an Iowa Supreme Court decision of August 31, 2007; and approval by the voters on November 6, 2007. April I, 2008 City of Iowa City Page p~ ~ '7 S 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 MOKA JAVA LLC, AND TENANT LUSATI, INC D/B/A QUINTON'S BAR & DELI FOR A SIDEWALK CAFE. Comment: Moka Java LLC, as landowner, and Lusati, Inc., d/b/a as Quinton's Bar & Deli, seek a renewal of a license agreement for temporary use of public right-of-way at 215 Washington St., Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. c ~- 7~ 4. 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 BILL MIHALOPOULOS, AND TENANT, ATLAS WORLD GRILL, INC D/B/A ATLAS WORLD GRILL, FOR A SIDEWALK CAFE. Comment: Bill Mihalopoulos., as landowner, and Atlas World Grill, Inc., d/b/a as Atlas World Grill, seek a renewal of a license agreement for temporary use of public right-of-way at 127 Iowa Avenue, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. g) Correspondence. 1. Acting Traffic Engineering Planner: Installation of (2) HANDICAP RESERVED PARKING signs near 1424 Broadway Street. 2. Seashia Vang: City Manager candidate information [response from the Interim City Manager included] 3. Cliff Pirnat: Winter [response from the Interim City Manager included] 4. Laura Tuttle: Potholes 5. Doug Alberhasky: Alleys 6. John Whitaker: Leaf blowers [staff response included] 7. Chris Harms and Elizabeth Koppes: Wetherby Splash Pad 8. Anne Wallace: City High Champions 9. Marcia Jenn: Concerns regarding various issues END OF CONSENT CALENDAR. April 1, 2008 ITEM 6. City of Iowa City Page 5 COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. ITEM 7. PLANNING AND ZONING MATTERS. (Item "a" 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 APRIL 14, 2008 ON AN ORDINANCE REZONING 17.97-ACRES OF LAND LOCATED SOUTH OF RUPPERT ROAD FROM COMMUNITY COMMERCIAL, ;CC-Z1 TO INTENSIVE COMMERCIAL (CI-1) (REZ08-0002) ~ _ ~r Comment: At its March 20, 2008, meeting, by a vote of 6-0 (Smith absent), The Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated March 20. Approval will allow this property to be developed for uses characterized by outdoor storage and display of merchandise or sales and repair of large equipment. Action: ITEM 8. AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES 8~ PENALTIES," SECTION 3-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES. Comment: This proposed ordinance would increase solid waste col-ection fees by approximately four percent (4%). Currently the fee is $14.00 per month; the increase will change the fee to $14.50; effective July 1, 2008. This action is necessary due to annual increases in operational costs. The last fee increase was effective July 1, 2007. Staff memorandum included in Council packet. a) PUBLIC HEARING Action: ~o l~ ~-~-~-z-P~ b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: (~~~~~ ~~ .~ ~~ April 1, 2008 City of Iowa City Page 6 ITEM 9. APPROVING THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2008. og_ ~a Action: ITEM 10. TO ADOPT THE AMENDED IOWA CITY HOUSING AUTHORITY'S PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). Comment: The Public Housing Authority is required to update the Annual Plan under the Quality Housing and Work Responsibility Act of 1998 ("QHWRA"). The Annual Plan provides details about the Housing Authority's current programs and the residents served, as well as the Housing Authority's strategy for addressing the housing needs currently assisted families and the larger community (See Attached Staff Memo). a) PUBLIC HEARING Action: b) CONSIDER A RESOLUTION Comment: The Department of Housing and Urban Development requires the adoption of a Public Housing Admissions and Continued Occupancy Policy (ACOP). (Staff memo containing more detailed information is included in the agenda packet). a) PUBLIC HEARING Action: Q~ o ~~ ~ i b) CONSIDER A RESOLUTION Action: April 1, 2008 City of Iowa City Page 7 ITEM 11. TO ADOPT THE AMENDED IOWA CITY HOUSING AUTHORITY'S HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN. Comment: The Department of Housing and Urban Development requires the adoption of a Housing Choice Voucher (HCV) Administrative Plan. (Staff memo containing more detailed information is included in the agenda packet). a) PUBLIC HEARING Action: ~~~ ~'~!~ o ~ -- g~ b) CONSIDER A RESOLUTION Action: ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS, "CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," SECTION 2, ENTITLED "BEGGING," TO PROHIBIT SOLICITING FOR MONEY IN LIMITED AREAS, AT CERTAIN TIMES, AND IN AN AGGRESSIVE MANNER. (SECOND CONSIDERATION) Comment: This ordinance restricts panhandling in the downtown commercial area to certain times and places. It also prohibits aggressive panhandling. Action: ITEM 13. CONSI..~.- ...- -•--••--••--- --•-•-------- ----- - REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," BY ADDING A NEW SECTION 10, ENTITLED "SITTING AND LYING ON SIDEWALKS" TO PROHIBIT SITTING AND LYING ON PUBLIC SIDEWALKS IN THE DOWNTOWN AND IN ZONE 1 OF CITY PLAZA. (SECOND CONSIDERATION) Comment: This ordinance prohibits lying and sitting on the public sidewalk in the downtown commercial area and in Zone 1 of the pedestrian mall. Action: April 1, 2008 City of Iowa City Page 8 ITEM 14. CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS", SUBSECTION B, ENTITLED "EXCEPTIONS". (SECOND CONSIDERATION) Comment: Iowa City Code Title 9-3-6(B) defines speed limits on "U.S. Highway 218" between the south city limits to the intersection of U.S. Highway 6 and Iowa Highway 1. This reference should be changed to reflect this highway's current names, "Old U.S. Highway 218" and "Riverside Drive." This ordinance amends Iowa City Code 9-3-6(B) by substituting "Old U.S. Highway 218" and "Riverside Drive" for "U.S. Highway 218" under the heading "Name of Street." Action: ITEM 15. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF o ~~ X3 .PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS, LLP, AND TENANT, J.J.G., L.L.C. D/B/A T-SPOONS, FOR A SIDEWALK CAFE. Comment: Three Guys Holdings, as landowner, and J.J.G., L.L.C., d/b/a as T- Spoons, seek a license agreement for temporary use of public right-of-way at 301 Market Street, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. Action: ITEM 16. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY p ~.- ~' ~ CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BREMER TRUST, AND TENANT, MIDWEST CREAMERY, INC. D/B/A COLD STONE CREAMERY, FOR A SIDEWALK CAFE. Comment: Bremer Trust, as landowner, and Midwest Creamery, Inc., d/b/a as Cold Stone Creamery, seek a license agreement for temporary use of public right-of-way at 39 S. Dubuque Street, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. Action: April 1, 2008 City of Iowa City Page ITEM 17. CONSIDER A RESOLUTION APPROVING A PROPOSED 28E AGREEMENT FOR o ~b- g 5 PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PERIOD OF JULY 1, 2008, THROUGH JUNE 30, 2013, IN SUBSTANCE, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, AN AGREEMENT INCORPORATING THE TERMS OF SAID PROPOSAL. Comment: This 28E Agreement between the City of Iowa City and Johnson County is for five (5) years starting July 1, 2008 and ending June 30, 2013. The cost for service for FY09 is $836,817. Each subsequent year of the agreement the cost of service will increase by 4%. Under this agreement Johnson County will provide door-to-door paratransit service to Iowa City residents. Action: ITEM 18. 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 Zoning Brd of Adjustment -One vacancy to fill an unexpired term plus afive-year term ending December 31, 2011. (Carl Williams resigned) (3 males and 0 females currently serve). b) 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). c) Youth Advisory Commission -Two vacancies to fill 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) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, APRIL 9, 2008. New: d) Civil Service Commission -One vacancy to fill afour-year term April 7, 2008 -April 2, 2012. (This item should be considered if Council does not act on item 19a) (1 male and 1 female currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MAY 7, 2008. April 1, 2008 City of Iowa City ~,~~ ITEM 19. COUNCIL APPOINTMENTS. Page 10 a) Civil Service Commission -One vacancy to fill a four-year term April 7, 2008 - April 2, 2012. (Term expires for Dorothy Maher) (1 male and 1 female currently ~~~' serve). Deferred from 3/11/08 meeting. 1 Action: r UI ~~ ~- ~,~ b) Public Art Advisory Committee -One vacancy to fill an unexpired term ending ~~~ ~ January 1, 2011. (Barbara Nicknish resigned) (2 males and 2 females currently (, serve). /~ / /~~ Action: ~hn dt d~Y'D~c-~ ~C_f7ac t~ 9~ ~ ~e~bo rat S ITEM 20. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 21. CITY COUNCIL INFORMATION. ..~ ITEM 22. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. ~~~ -~~~ b) City Attorney. c) City Clerk. ITEM 23. ADJOURNMENT. .~~ 7