HomeMy WebLinkAbout2008-09-09 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040
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City Council Agenda ---~--
CITY Of IOWA CITY
Special Formal
September 9, 2008 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street www.icgov.org
ITEM 1. CALL TO ORDER. B;(~ce~ ~4'~vrJ (R'U~-<<~~-~-
ROLL CALL. ~~o;~~?t~l ~~~~~ ~
ITEM 2. PROCLAMATION. _~
a) Dottie Ray Day: September 5, 2008 a~~~i.~
b) Suicide Prevention Week: September 7-13, 2008 ~~~ ~
ITEM 3. PRESENTATION. (w~r~
Iowa City Fire Department Accreditation
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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. August 25, Special Council Formal Official and Complete
2. August 25, Special Council Work Session
3. August 26, Special 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. Parks and Recreation Commission: July 16, 2008
2. Telecommunications Commission: July 28, 2008
3. Public Library: July 24, 2008
4. Historic Preservation Commission: August 14, 2008
5. Housing and Community Development Commission: July 17, 2008
6. Planning and Zoning Commission: August 7, 2008
7. Human Rights Commission: July 22, 2008
8. Airport Commission: June 9, 2008
9. Airport Commission: June 13, 2008
10. Airport Commission: July 10, 2008
September 9, 2008 City of Iowa City Page 2
11. Airport Commission: August 4, 2008
c) Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal:
1. Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow
Cafe, 160 N. Linn Street.
2. Class B Wine Permit for Prairie Table, Inc., dba Prairie Table, 223 E.
Washington St.
3. Class C Beer Permit for L & M Mighty shop, Inc., dba L & M Mighty
Shop, Inc., 504 E. Burlington St.
4. Class C Beer Permit for ND Express, Inc., dba North Dodge Express,
2790 N Dodge St.
d) Public Hearings.
o$- d~~ 1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON
AMENDING THE FY2009 OPERATING BUDGET.
Comment: This resolution sets a public hearing for September
23, 2008 to amend the FY2009 budget. Information will be
available to the public on September 12, 2008.
e) Resolutions.
o~ - a~3 1. CONSIDER A RESOLUTION NAMING DEPOSITORIES
Comment: This resolution includes the following changes:
a. We are recommending that MidWestOne Bank be added to the
list of depositories with a depository limit of $35,000,000.00.
Investments at this institution would be collateralized by the state
sinking fund.
b. We are recommending that Iowa State Bank & Trust Company
be removed from the list of depositories.
o $- ,~4 2. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
GRAND AVENUE ROUNDABOUT 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.
September 9, 2008 City of Iowa City Page 3
~ Correspondence.
1. Acting Traffic Engineering Planner: Installation of (1) Iowa City Transit
BUS STOP sign at the northwest corner of the Hawkeye Park
Road/Melrose Avenue intersection.
2. Acting Traffic Engineering Planner: Installation of NO PARKING
ANYTIME signs on the north side of Scott Park Drive between
Hummingbird Lane and Scott Boulevard.
3. JCCOG Traffic Engineering Planner: Removal of (1) RESERVED
HANDICAPPED PARKING sign assembly at the southwest corner of
the intersection of Yewell Street and Ginter Avenue.
4. JCCOG Traffic Engineering Planner: Installation of (1) YIELD sign at
northwest corner and (1) YIELD sign at the southeast corner of the
intersection of Soccer Park Road/Kountry Lane and Lehman
Avenue.
5. Rachelle Tsachor: Changes to 7th Avenue bus route
6. Nora Lee Balmer: Cul-de-sac
7. Kandi Reindl: Commission Forum's -Local Efforts to Clean up
Nuisance Bars
8. Greg Allen: House Signing
9. Iowa City Alcohol Advisory Board: Leah Cohen, Brian Flynn
END OF CQNSENT CALENDAR.
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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.
ITEM 6. PLANNING AND ZONING MATTERS. (Item "c" will proceed as outlined in
the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex pane
communications.")
a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR SEPTEMBER 23
ON AN ORDINANCE AMENDING ARTICLE 14-56, SIGN REGULATIONS,
TO ALLOW LIMITED USE OF FREESTANDING SIGNS IN THE CENTRAL
BUSINESS SERVICE (CB-2) ZONE, ADD A DEFINITION AND STANDARDS
FOR ENTRANCEWAY SIGNS, AND CLARIFY REGULATIONS REGARDING
SIGNS ON RESIDENTIAL PROPERTIES
Comment: At its August 21 meeting, by a vote of 5-0 (Payne and Koppes
absent), the Planning and Zoning Commission recommended approval. Staff
recommended approval in a memo dated August 15.
Action: ~,Ut^I c7/h~d' / ~.-~V~rC ~
September 9, 2008 City of Iowa City Page 4
b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR SEPTEMBER 23
ON AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 3.87
ACRES OF PROPERTY LOCATED SOUTH OF DODGE STREET AND WEST
OF SCOTT BOULEVARD FROM RESEARCH DEVELOPMENT PARK (RDP)
TO COMMERCIAL OFFICE (CO-1) (REZ08-00008)
Comment: At its August 21 meeting, by a vote of 5-0 (Payne and Koppes
absent), the Planning and Zoning Commission recommended approval. Staff
recommended approval in a staff report dated August 21. Approval of this
rezoning will allow development of a banking facility on the southwest corner of
the intersection of Dodge Street and Scott Boulevard.
Action:
c) CONSIDER AN ORDINANCE AMENDING THE CONDITIONAL ZONING
AGREEMENT TO MODIFY THE CONCEPT SITE PLAN FOR
APPROXIMATELY 25.16 - ACRES OF PROPERTY IN THE
COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA
INCLUDING WAL-MART AT 855, 911 & 1001 HIGHWAY 1 WEST. (REZ08-
00006) (SECOND CONSIDERATION)
Comment: At its July 3 meeting, by a vote of 4-1 (Plahutnik voting no, Busard
absent) the Planning and Zoning Commission recommended approval. The
amendments will allow the property to be redeveloped with one retail building
rather than a series of buildings depicted in the original Conditional Zoning
Agreement. The amendments will also allow the addition of a third free
standing sign. Applicant requests expedited action. Correspondence included
in Council packet.
Action:
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September 9, 2008 City of Iowa City Page 5
ITEM 7. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR REMOVAL OF FLOOD-RELATED SAND AND
DEBRIS FROM CITY PARK, ESTABLISHING AMOUNT OF BID SECURITY,
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Comment: As a result of the 2008 flood, an estimated 12,000 cubic yards of
sand and silt was deposited in lower City .Park. Most of this material needs to
be removed from the park in order to save trees, re-plant grass and clean/repair
damaged equipment and facilities. Some of the material will be relocated to fill
in low areas within the park. The estimated cost is $120,000 and is eligible for
reimbursement from FEMA.
a) PUBLIC HEARING
Action:
o $-~7,nj b) CONSIDER A RESOLUTION
Action:
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ITEM 8. CONSIDE~ AN ORDINANCE AMENDING_ TITLE 9, ENTITLED "MOTOR
VEHICLES ,AND TRAFFIC," CHAPTER 1 AND CHAPTER 6 TO ALLOW
ELECTRIC ERSONAL ASSISTIVE MOBIL Y DEVICES TO BE OPERATED
~ ON THE SID ALK AND TO REQUIRE OPE TORS TO YIELD THE RIGHT
FIRST CONSIDERATI N)
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OF WAY TO PED TRIAN
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~A'~"~" Comment: Under the ity Code, electric personal ssistive mobility devices
definition of
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(commonly referred to by th brand name segways) are
motor vehicles. Motor vehic s cannot be legally operated o City sidewalks. The
proposed ordinance will allow ectric personal assistive m ility devices to be
operated on the sidewalks an requires operators to yield he right of way to
pedestrians. The definition in the pro sed ordinance is identical the definition
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found in section 321.1(206) of the Iow
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Action: ~ `.DlJh~tP 11 /G1~Yi ~"„' ~~1~ ~~ ;
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TO: Mayor, City Council, General Public
FROM: City Clerk
RE: Revision September 9 Agenda
ITEM 8 : (Revised) ORDINANCE AMENDING TITLE 9, ENTITLED. "MOTOR
VEHICLES AND TRAFFIC," TO ALLOW ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES TO BE OPERATED ON SIDEWALKS
EXCEPT DOWNTOWN AND TO REQUIRE OPERATORS TO YIELD THE
RIGHT OF WAY TO PEDESTRIANS.
Comment: Under the City Code, electric personal assistive mobility devices
(commonly referred to by the brand name segways) are included within the
definition of motor vehicles, and as such, cannot be legally operated on City
sidewalks. The proposed ordinance will allow them to be operated on the
sidewalks, except in the central downtown business district where bicycles are
also prohibited. Operators are also required to yield the right of way to
pedestrians. The definition in the proposed ordinance is identical to the definition
found in section 321.1(206) of the Iowa Code.
September 9, 2008 City of Iowa City Page 6
ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH
AND SAFETY," TO DECLARE ADDITIONAL AREAS AS NONSMOKING PLACES
0 ~' Q"3 ~ ~ AND TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," TO
INCREASE THE FINE FOR LITTERING IN CITY PLAZA. (SECOND
CONSIDERATION) ,
Comment: The Smokefree Air Act ("the Act"), which went into effect on July 1, 2008,
prohibits smoking in many public places including the "seating areas" of sport and
entertainment venues. The Act also allows the City to declare additional areas within
its custody or control to be nonsmoking places. This Ordinance clarifies the "seating
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areas in Iowa City sport and entertainment venues where smoking is prohibited and
designates additional areas where smoking is prohibited. Staff recommends expedited
action. ~/~~ ondence included in Council packet. 7
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Action: Ltd/~?ar~t/ /'/~~~~~a~ ~~g~ ~~~.%~u~'~l L
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ITEM 10. CONSIDER AN/ ORDINANCE AMENDING TITLE 17 OF THE CITY CODE,
ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED,
o$- 93 ~ 5 "HOUSING CODE," TO MAKE THE DEFINITIONS AND OTHER
PROVISIONS CONSISTENT WITH THE ZONING CODE AND
BUILDING RELATED CODES AND TO INCREASE THE SAFETY OF
OWNER OCCUPIED AND RENTAL HOUSING. (SECOND CONSIDERATION)
Comment: Except for the changes made in 2003 that were based on the
recommendations of the Neighborhood Housing Relations Task Force, the Housing
Code has not been amended since 1995. The proposed ordinance revises definitions to
make them consistent with the Zoning Code and amends other provisions to make them
consistent with the Building Code, the Electrical Code, and other codes. lj'~~ P~~ ~~.-
Action: r `~ C~~n ~~~' ~~ /r
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September 9, 2008
City of Iowa City
Page 7
ITEM 11. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
p $- a? ~ PARKING AND TRANSIT. DEPARTMENT BY DELETING ONE FULL-TIME
PARKING MANAGER POSITION, DELETING ONE FULL-TIME TRANSIT
MANAGER POSITION, AND ADDING ONE ASSOCIATE DIRECTOR OF PARKING
AND TRANSIT POSITION AND AMENDING THE ADMINISTRATIVE PAY PLAN BY
DELETING THE POSITIONS OF PARKING MANAGER AND TRANSIT MANAGER,
GRADE 30, AND ADDING THE POSITION ASSOCIATE DIRECTOR OF PARKING
AND TRANSIT, GRADE 31.
Comment: The Parking and Transit Department proposes to combine its resources in
the areas of customer service, maintenance and management. This will lead to more
efficient, cost effective operations and provide better customer service to parking and
transit customers. As a result of combining resources, it has been determined that the
City will be better served by removing the Parking Manager and Transit Manager
positions and creating an Associate Director of Parking and Transit position. No
employees will lose employment as there is currently an open Transit Manager
position. The resulting cost implications to the Parking and Transit Department will be
a savings of $52,500.00 - $80,250.00 depending on placement in the pay plan. Staff
memorandum and correspondence included in Council packet.
Action:
ITEM 12.
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ITEM 13.
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CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN TH~
CONSOLIDATED SUBSTANTIAL DAMAGE DETERMINATION LISTING FOR THE
HAZARD MITIGATION GRANT PROGRAM NOTICE OF INTEREST.
Comment: At the August 26 meeting, City Council passed a resolution authorizing the
City Manager to submit a Notice of Interest (NOI) listing the properties that the City is
interested in buying as part of the Hazard Mitigation Grant Program. Part of the NOI
submission is a certification on whether the house was substantially damaged.
Subsequently the State provided City staff with a form that can be used for this
purpose, which needs to be signed by the mayor. This resolution authorizes the mayor
to sign the substantial damage form, a copy of which is attached to the resolution.
Staff memorandum and Flood Recovery and Buyout Update included in Council
packet.
Action:
CONSIDER RESOLUTION DIRECTING SALE OF $18,500,000 GENERAL
OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 20086
Comment: Bids were received at 10:00 am on September 9, 2008 for the sale of
$18,500,000 General Obligation Refunding Capital Loan Notes. This resolution ratifies
and confirms the actions of the City Clerk and Finance Director in the determination of
the most favorable bid.
Action:
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NO
September 9, 2008 City of Iowa City Page 8
ITEM 14. CONSIDER A RESOLUTION AUTHORIZING THE REDEMPTION OF
~~~ a79 OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 1998, DATED APRIL 1,
1998, SERIES 1999, DATED MARCH 15, 1999 AND THE SERIES 2000, DATED
JULY 1, 2000 OF THE CITY OF IOWA CITY, IOWA AND DIRECTING NOTICE BE
GIVEN.
Comment: See above
Action:
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ITEM 15.
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CONSIDER RESOLUTION DIRECTING SALE OF $27,000,000 SEWER REVENUE
REFUNDING CAPITAL LOAN NOTES, SERIES 2008C
Comment: Bids were received at 10:30 am on September 9, 2008 for the sale of
$27,000,000 Sewer Revenue Refunding Capital Loan Notes. This resolution ratifies
and confirms the actions of the City Clerk and Finance Director in the determination of
the most favorable bid.
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Action: ~T~ ~~ ~ ~~
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ITEM 16. CONSIDER A RESOLUTION AUTHORIZING THE REDEMPTION OF
OUTSTANDING SEWER REVENUE BONDS, SERIES 1996, DATED MARCH 15,
o g~ agl 1996, SERIES 1997, DATED JUNE 1, 1997 AND THE SERIES 1999 DATED
FEBRUARY 1, 1999, OF THE CITY OF IOWA CITY, IOWA, AND DIRECTING
NOTICE BE GIVEN.
Comment: See above
Action:
ITEM 17. CONSIDER RESOLUTION DIRECTING SALE OF $8,000,000 WATER REVENUE
REFUNDING CAPITAL LOAN NOTES, SERIES 2008D
08- aSa
Comment: Bids were received at 10:30 am on September 9, 2008 for the sale of
$8,000,000 Water Revenue Refunding Capital Loan Notes. This resolution ratifies and
confirms the actions of the City Clerk and Finance Director in the determination of the
most favorable bid.
Action: ~~i,C~ ~ ~~~r>oi~
ate, ~ .~~
ITEM 18. CONSIDER A RESOLUTION AUTHORIZING THE REDEMPTION OF
p ~~ ~ ~3 OUTSTANDING WATER REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA,
DATED MAY 1, 1999, AND DIRECTING NOTICE BE GIVEN.
Comment: See above.
Action:
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September 9, 2008 City of Iowa City Page 9
ITEM 19. 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. Board of Adiustment -One vacancy to fill an unexpired term, effective upon
appointment -January 1, 2011. (Michelle Payne resigned) (2 males and 2
females currently serve).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, SEPTEMBER 17, 2008.
b. Airport Zoning Brd of Adiustment -One vacancy to fill an unexpired term,
effective upon appointment, plus afive-year term ending December 31, 2011.
(Carl Williams resigned) (3 males and 0 females currently serve).
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).
d. Youth Advisory Commission -One vacancy to fill
term, effective upon appointment,
ending December 31, 2010.
One (1) person -Age 15 to 17 on the date of filing
(2 males and 3 females currently serve)
(Lin Weeks resigned)
an unexpired plus a two year
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, OCTOBER 1, 2008.
New:
e. Youth Advisory Commission -One vacancy to fill an unexpired plus a two year
term, effective upon appointment,
ending December 31, 2010.
~, I ~~,.,~r~-/~ / One (1) person -Age 15 to 17 on the date of filing
(ti ~ (2 males and 3 females currently serve)
(David Segar resigned) See correspondence included in Council packet.
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APPLICATIONS MUST BE RECEIVED :00 P.M., WEDNESDAY, OCTOBER 15, 2008.
ITEM 20. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 21. CITY COUNCIL INFORMATION. I
September 9, 2008 City of Iowa City Page 10
ITEM 22. REPORT ON ITEMS FROM CITY STA/IF__F.
a) City Manager. ~ ~~~ EX~s'~
b) City Attorney.
c) City Clerk. -
ITEM 23. ADJOURNMENT
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