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2008-06-24 Agenda
Subject 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 )une 24, 2008 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street /..one b~ ;~ i ~ .- - -~,~ ~" ~ ~ ~ . ,~®,~~ CITY OF IOWA CITY www.icgov.org rac ~-. ITEM 1. CALL TO ORDER. [7,~(Ke5 /1?r_~ ~~ ~e //,`yt ROLL CALL. ~arr ~~~,,~r~ ~~~ ITEM 2. PRESENTATION. a) Public Library Friends Foundation ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. ~~ ~ _ D _ ITEM 4. PL NNING AND ZONING MATTERS. (Item "b,c,d,e" will proceed as outl(ned in the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications.") a) AMENDING TITLE 15, LAND SUBDIVISIONS, BY REPEALING TITLE 15 IN ITS ENTIRETY AND REPLACING IT WITH A NEW TITLE 15, LAND SUBDIVISIONS. Comment: At its May 12, 2008 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the amendments to Title 15, Land Subdivisions. Staff presented the draft amendments to the Planning and Zoning Commission at a public meeting on April 3 and recommend approval of the amendments as forwarded by the Planning and Zoning Commission. 1. PUBLIC HEARING (CONTINUED FROM 6/17) Action: 2. ~~ ~~ !fir CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (DEFERRED FROM 6/17) ,~ ~~~~ Action: ~ ~6Gt ~ `Z ~~UriQ~t` 1~~~_~~~ __ L~2~e~C~ ..~ ~~-' '~ ~~1 ~ !5 Y Gl .ice ~~ ~ 3 ~-~ rY'eiu ~~~ June 24, 2008 City of Iowa City Page 2 b) CONDITIONALLY REZONING APPROXIMATELY 10.08 ACRES OF LAND LOCATED NORTH OF HIGHWAY 6, EAST OF SCOTT BOULEVARD, AND WEST OF COMMERCE DRIVE FROM INTENSIVE COMMERCIAL (CI- 1)ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE. (REZ08-00003) Comment: At its May 1, 2008, meeting, by a vote of 5-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated April 17. Approval of this rezoning will allow this property to be developed with retail commercial uses. Signed conditional zoning agreement has been received from the applicants. 1. PUBLIC HEARING (CONTINUED FROM 6l3 AND 6117) Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (DEFERRED FROM 6/3 AND 6/17) Action: c) REZONING APPROXIMATELY 9.48 ACRES OF LAND LOCATED SOUTH OF OLIVE COURT AND LEAMER COURT AND EAST OF MARIETTA AVENUE FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) ZONE TO PLANNED DEVELOPMENT OVERLAY (OPD-8). (REZ08-0001) Comment: At its May 1, 2008, meeting, by a vote of 5-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a memo dated April 25. Approval of this rezoning will allow this property to be developed with a combination of detached and attached single-family dwellings clustered in a manner that will help preserve sensitive areas on the site. Staff memorandum included in Council packet. Correspondence included in Council packet. 1. PUBLIC HEARING (CONTINUED FROM 6/3 AND 6/17) Actian: ~ ~' ~' ~ °~ C~ 4 ( ,~s ~`D ~.trr~e~~ 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (DEFERRED FROM 6/3 AND 6/17) Action: lv'i ~ ~ u~ ~ ' I ~/ ~Q~~ ., June 24, 2008 City of Iowa City Page 3 d) CONSIDER AN ORDINANCE REZONING APPROXIMATELY 11.7-ACRES c~~' ~3~~ OF LAND LOCATED ON RUPPERT ROAD WEST OF OLD HIGHWAY 218 FROM COMMUNITY COMMERCIAL (CC-2) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ08-00004) (PASS AND ADOPT) (DEFERRED FROM 6/17) Comment: At its April 17 meeting, by a vote of 6-0 (Smith absent), the Planning and Zoning Commission recommended approval of this rezoning (Aviation Commerce Park). Staff recommended approval in a report dated April 17. Approval will allow this property to be developed with intensive commercial uses characterized by outdoor storage and display of merchandise or sales and repair of large equipment. Action: e) CONSIDER AN ORDINANCE REZONING APPROXIMATELY 8.95-ACRES o ~r ~- 3D g OF LAND LOCATED ON RUPPERT ROAD WEST OF OLD HIGHWAY 218 FROM COMMUNITY COMMERCIAL (CC-2) TO NEIGHBORHOOD PUBLIC (P-1).(REZ08-00004) (PASS AND ADOPT) (DEFERRED FROM 6/17) Comment: At its April 17 meeting, by a vote of 6-0 (Smith absent), the Planning and Zoning Commission recommended approval of this rezoning (Aviation Commerce Park). Staff recommended approval in a report dated April 17. This rezoning will indicate the public ownership of this property. It is intended to remain as open space. Action: o ~ - J ~ 7 f) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS SUBDIVISION PARTS 10 8~ 11 IOWA CITY, IOWA. (SUB06-00003) (DEFERRED FROM 6/3 AND 6/17) Comment: At its May 12, 2008 meeting, by a vote of 5-1 (Brooks voting no), the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated May 1, 2008. Approval will allow the development of Galway Hills Parts 10 & 11 a 51-lot, 21.75-acre residential subdivision located at Dublin Drive and Shannon Drive. Staff memorandum included in Council packet. Action: ~ ~ 6 ~"~ ~ ~~ ~~ ~ ,n/C m~ ~~i~ Q ~~~s Juue 24, 2008 City of Iowa City Page 4 ~ ~ _ ~ ~ ~ g) CONSIDER A RESOLUTION APPROVING THE FINAL PLATS OF GALWAY HILLS SUBDIVISION PARTS 10 8~ 11, IOWA CITY, IOWA. (SU608-00006) (DEFERRED FROM 6/3 AND 6/17) Comment: At its May 12, 2008 meeting, by a vote of 6-0, 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 May 15, 2008. Approval will allow the development of Galway Hills Parts 10 & 11 a 51-lot, 21.75-acre residential subdivision located at Dublin Drive and Shannon Drive. See staff memorandum included with item 4f. Correspondence included in Council packet. Action: ~~~~~Gcc ~~ ~/~~xyFl~ ~Yvl/>v~'~c ~~ r ITEM 5. AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES -GENERAL PROVISIONS, SECTION 6, BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS, TO ELIMINATE THE DELINQUENCY CHARGE FOR ALL STATE AND LOCAL GOVERNMENT ENTITIES. Comment: Consider an Ordinance to eliminate the delinquency charge for state and other local governmental entities. This ordinance change would preserve all collection options to ensure payment by the state and local governmental entities. Staff requests indefinite deferral. a) PUBLIC HEARING (CONTINUED FROM 6/3 AND 6/17) Action: b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (DEFERRED FROM 6/3 AND 6/17) Action: June 24, 2008 City of Iowa City Page 5 ITEM 6. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 960 LONGFELLOW PLACE. Comment: The Iowa City Housing Authority, under its Affordable Dream Home Program, proposes to sell 960 Longfellow Place. The amount of the sale will be $147,000. The buyer is a single parent of two children and works at the Domestic Violence Intervention Program. The family meets income eligibility criteria. The buyer will contribute $500 in personal funds for the down payment and has received a written commitment for a mortgage from a local bank in the amount of $109,750. The City will provide a second mortgage for the remaining $36,750. This sale will provide the opportunity for alow- income family to obtain ownership of their own home. a) PUBLIC HEARING (CONTINUED FROM 6/17) Action: o ~; - g~__ b) CONSIDER A RESOLUTION (DEFERRED FROM 6/17) Action: ~.~ Q-~'ec~. ITEM 7. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2008 DURABLE PAVEMENT MARKING 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 consists of painting durable pavement markings and crosswalks on arterial streets, the central business district and school areas. The engineer's estimate is $120,000 and will be funded with Road Use tax proceeds. a) PUBLIC HEARING (CONTINUED FROM 6/17) Action: ~,~- l~j0 b) CONSIDER A RESOLUTION (DEFERRED FROM 6/17) Action: June 24, 2008 City of Iowa City Page 6 ITEM 8. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2008 SANITARY SEWER REHABILITATION 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 will repair the sanitary sewer system at six sites located throughout Iowa City. The project will utilize underground repair technology for the sewer repairs that require no excavation. The estimated construction cost is $319,000 and will be funded with Wastewater revenues. a) PUBLIC HEARING (CONTINUED FROM 6/17) Action: ~ ~ ~~ ~~ b@Gty'~ C~ ©g - 191 b) CONSIDER A RESOLUTION (DEFERRED FROM 6/17) Action: ITEM 9. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHLAND COURT WATER MAIN REPLACEMENT 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 replacement of approximately 1050 LF of existing 6" water main with new 8" water main along Highland Court from Highland Ave to Gilbert Ct. Associated work includes connecting existing water services to the new 8" water main, pavement removal & replacement, and parkway restoration. The estimated construction cost is $ 231,000 and will be funded with Water revenues. a) PUBLIC HEARING (CONTINUED FROM 6/17) Action: o~C- i~i~3- b) CONSIDER A RESOLUTION (DEFERRED FROM 6/17) Action: June 24, 2008 City of Iowa City Page 7 ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," CHAPTER 3, ENTITLED "DISCRIMINATORY PRACTICES" TO EXCEPT SMALL EMPLOYERS FROM DISCRIMINATION CLAIMS AND CHAPTER 4, ENTITLED "ENFORCEMENT," TO INCREASE THE TIME PERIOD FOR FILING A DISCRIMINATION CLAIM. (FIRST CONSIDERATION) (DEFERRED FROM 6/17) Comment: This ordinance increases the time to file a discrimination complaint from 180 days to 300 days. This will make the City Code consistent with the recent amendment to the state law that goes into effect July 1. The ordinance also adds an exception to the employment discrimination provision for small employers. The Supreme Court recently ruled in Baker v. City of Iowa City and Iowa City Human Rights Commission that the City did not have the home rule authority to impose liability on employers with less than four employees. Action: ITEM 11. ct„ ~ $- X93 CONSIDER A RESOLUTION CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2008 UPDATING OF RATES FOR BASIC CABLE SERVICES. (DEFERRED FROM 6/17) Comment: The required forms have been submitted by Mediacom. Upon review it has been determined that the information therein supports Mediacom's proposed maximum permitted rate of $11.62 per month for basic cable service. This is an increase from last year's maximum permitted rate of $11.55. Staff recommends adoption of this resolution. Acti b ~. ITEM 12. CITY COUNCIL COMMITTEE APPOINTMENTS. (DEFERRED FROM 6/17) ~ ~ ~G~~' a) 2008 J urner 30,12010.1(2006 appoitntee Valndephoef) ment fora 2-yr term of July 1, 1~ ~~ D ~/ I Action: ' ~~ ~~ ~ b) East Central Iowa Council of Governments (ECICOG) - (1 Nomination to be ~ appointed by JCCOG) (2008 appointee Correia requested to be replaced for the unexpired 2-yr term ending December 31, 2009. Action: s~ ~ ~~~- ~~~~~~~ ,~®,.~ CITY OF IOWA CITY MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions June 24 Agenda ITEM 11b CONSIDER A RESOLUTION WAIVING FEES UNTIL JULY 1, 2009 FOR BUILDING, ELECTRICAL, PLUMBING, MECHANICAL AND DEMOLITION PERMITS AND off-- )9~ INSPECTION FEES ESTABLISHED BY RESOLUTION NO. 02-316 AND RESOLUTION NO. 03-183 AND ASSESSED BY THE BUILDING INSPECTION DIVISION OF THE DEPARTMENT OF HOUSING AND INSPECTION SERVICES FOR STRUCTURES THAT HAVE BEEN PENETRATED BY FLOOD WATER. Comment: To provide some relief to persons affected by the flood, staff recommends that the Council consider waiving the fees for issuance of building, electrical, plumbing, mechanical and demolition permits and inspection fees assessed by the Building Inspection Division for a period of one year for structures that have been penetrated by flood. ~p l/ u ~~H/ ~~rrP, ~,. ~a~/bu r~ ~~' s~~ ~X~ ITEM 13 ANNOUNCEMENT OF VACANCIES New: h. Historic Preservation Commission -One vacancy to fill an unexpired term ending March 29, 2009. (Tim Toomey resigned) (4 males and 5 females currently serve). See draft minutes in June 18, 2008 Information Packet # IP10. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, AUGUST 6, 2008. June 24, 2008 City of Iowa City Page 8 ITEM 13. ANNOUNCEMENT OF VACANCIES. Previous: a) 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). 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) 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). d) Housing & Community Development Commission -Three vacancies to fill three-year terms September 1, 2008 -September 1, 2011. (Term expires for Andy Douglas, Rebecca McMurray, Jerry Anthony) (4 males and 2 females currently serve). e) Planning & Zoning Commission -One vacancy to fill an unexpired term ending May 1, 2010. (Bob Brooks resigned) (4 males and 2 females currently serve). f) Police Citizens Review Board -Two vacancies to fill four-year terms September 1, 2008 -September 1, 2012. (Term expires for Loren Horton, Elizabeth Engel) (3 males and 0 females currently serve). g) Youth Advisory Commission -One vacancy to fill a 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) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JULY 9, 2008. ITEM 14. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). Action: - ~~ -- ITEM 15. CITY COUNCIL INFORMATION. Action:~~,~g ~~(~~; June 24, 2008 City of Iowa City Page 9 ITEM 16. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. b) City Attorney. c) City Clerk. ITEM 17. ADJOURNMENT. 5'~