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HomeMy WebLinkAbout2008-11-03 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. P 1 =..®~~ Iowa City #' -~°~~ ~ f ~®~~~ City Council Agenda -~-~-- CITY OF IOWA CITY Special Formal November 3, 2008 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street www.icgov.org t ~ m c~ ~ ~~1 ~~ ©~ ITEM 1. CALL TO ORDER. ~(lin~ ~{~zrr ~a+~~ctss-rc ROLL CALL. ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Mark Twain Elementary a) Grace Barrett b) Nicolas McNabb c) Starr Williams ITEM 3. PROCLAMATIONS. ~ ,~e~/'~~~) ~~ ~ (j a) National Hospice/Palliative Care Month: November 2008 - ~~ b) Hunger and Homelessness Awareness Week: Nove ~ e``r 16-22, 200.~~~~~VA~~ Ut~ ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALEN~AR AS P~~ R ESEN D OR (I~ AMENDED. a) Approval of Council Actions, subject to corrections, as recommended by the City Clerk. 1. October 20, Regular Council Work Session 2. October 21 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. Planning and Zoning Commission: September 18, 2008 2. Planning and Zoning Commission: September 15, 2008 3. Human Rights Commission: September 23, 2008 4. Parks and Recreation Commission: September 24, 2008 5. Public Library: September 25, 2008 6. Telecommunications Commission: September 22, 2008 7. Police Citizens Review Board: September 16, 2008 8. Police Citizens Review Board: September 9, 2008 November 3, 2008 City of Iowa City Page 2 c) Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: 1. Class C Liquor License for Dawit's Restaurant, Inc., dba David's Place, 100 S. Linn St. 2. Class B Beer Permit for Pit Smokehouse, LLC, dba Pit Smokehouse, LLC, 130 N. Dubuque St. 3. Class C Liquor License for Summit Restaurant & Bar, Inc., dba Summit , 10 S. Clinton St. 4. Special Class C Liquor License for Guido's, Inc., dba Guido's Deli, 227 E. 1 Sc St. o$- Sal 5. Resolution to issue Dance Permit for Summit Restaurant & Bar, Inc., dba Summit , 10 S. Clinton St. d) Motions. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $9,043,368.32 FOR THE PERIOD OF SEPTEMBER 1 THROUGH SEPTEMBER 30, 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. e) Resolutions. ~~- ~~~ 1. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2008 PAVEMENT REPLACEMENT FOR WATER MAIN 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. o~- 3a3 2• CONSIDER A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A DECLARATION OF CONDOMINIUM REGIME FOR LOT 13, LONGFELLOW MANOR CONDOMINIUMS. Comment: The City has built a 2-unit residential condominium structure at 920 Longfellow Place and 928 Longfellow Court. In order to sell the units as condominiums, the owner must record a declaration of condominium regime that sets forth details such as a description of the units and the elements shared by the owners in common. Because of the length of the declaration, it is not in the packet but is available in the City Clerk's office for review. Note that a similar resolution is on the consent calendar for the 2-unit condominium on Lot 16. November 3, 2008 City of Iowa City Page 3 p g r 3~ 3. CONSIDER A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A DECLARATION OF CONDOMINIUM REGIME FOR LOT 16, LONGFELLOW MANOR CONDOMINIUMS. Comment: The City has built a 2-unit residential condominium structure at 840 Longfellow Place and 842 Longfellow Court. In order to sell the units as condominiums, the owner must record a declaration of condominium regime that sets forth details such as a description of the units and the elements shared by the owners in common. Because of the length of the declaration, it is not in the packet but is available in the City Clerk's office for review. Note that a similar resolution is on the consent calendar for the 2-unit condominium on Lot 13. b~- JZa.~j 4. CONSIDER A RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT "A" Of OAKMONT ESTATES SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE. Comment: Pursuant to Council's approval of the Preliminary and Final Plat of Oakmont Estates and the associated Subdivider's Agreement, the Developer was to dedicate Outlot A to the City after completing construction on Lots 9 and 10 in the subdivision. The Parks and Recreation and Public Works Departments have inspected this outlot and agree that it is suitable for the City to accept dedication at this time. f) Correspondence. 1. David Robertson: Stormwater problems on Sandusky Drive (Mayor Bailey's response included] 2. Feather Lacy: TV coverage of meetings 3. James Ponto: Brown Street, bricks and speeding [staff response included] 4. Kate Casper: Public Transportation in Iowa City/Cedar Rapids [staff response included] 5. Karina Smith: Commentlquestions from a concerned citizen [staff response included] 6. Steve Kosareff: "TV MAN" Documentary 7. Alan Kemp: NLC committees, councils and panels 8. Laurie Haag: Bike accident [staff response included] NT CALENDAR. ~i ~ 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. November 3, 2008 City of Iowa City Page 4 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 NOVEMBER 18 ON AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ESTABLISH A MINIMUM PARKING REQUIREMENT FOR HOUSEHOLD LIVING USES IN THE CENTRAL BUSINESS (CB-10) ZONE AND TO AMEND THE DEFINITION OF "HOUSEHOLD" TO REDUCE THE NUMBER OF UNRELATED PERSONS ALLOWED TO RESIDE IN ONE DWELLING UNIT FROM FIVE(5) UNRELATED PERSONS TO THREE (3) UNRELATED PERSONS IN THE COMMUNITY COMMERCIAL (CC-2), CENTRAL BUSINESS SERVICE (CB-2), CENTRAL BUSINESS SUPPORT (CB-5) AND CENTRAL BUSINESS (CB-10) ZONES Comment: At its October 16 meeting, by a vote of 6-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a memo dated October 16. Approval of these amendments will add parking requirements for new residential units in the CB- 10 zone and reduce the number of unrelated persons allowed to reside in a dwelling unit from five (5) unrelated persons to three (3) unrelated persons in the CB-10, CB-5, CB-2, and CC-2 zones. Action: G~/i - _~~' ~~31q b) CONSIDER AN ORDINANCE AMENDING ARTICLE 14-5B, SIGN og REGULATIONS, ARTICLE 14-9C, SIGN DEFINITIONS, SECTION 14-4B-1, MINOR MODIFICATIONS, AND ARTICLE 14-3C DESIGN REVIEW, 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 RENTAL PROPERTIES. (PASS AND ADOPT) 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. Correspondence included in Council packet. Action: ~ ~ ~ r ~~ °f ~ ~ ~~ ~ o ~ ~ ~: ~ ~~ ~ L // =/~ ~ G~G~r ~'L / ~~'r'~~Y`! / ~i~~~~ ~~~ 4'~ l/ ~r November 3, 2008 City of Iowa City Page o ~_ ~3~,p c) CONSIDER 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) (PASS AND ADOPT) 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: ITEM 7. CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 4, ENTITLED "PARKING REGULATIONS", SECTION 9, ENTITLED "PARKING DURING SNOW EMERGENCIES", TO REQUIRE, UPON DECLARATION OF A SNOW EMERGENCY BY THE CITY MANAGER, ALTERNATE SIDE PARKING UPON CITY STREETS NOT CURRENTLY POSTED FOR SAME DURING THE DECLARED EMERGENCY. (FIRST CONSIDERATION) Comment: To facilitate the efficient clearing of snow and ice during significant winter weather events, this ordinance establishes a system for the City Manager to declare and notify persons of snow emergencies, require alternate side parking on city streets not currently posted for same and provide enforcement of those regulations. Under this ordinance, after declaration of a snow emergency (including sufficient lag time for persons to become aware of same), streets with parking on both sides will be reduced to alternate odd-even calendar day parking consistent with the numbering on the side of the street. Streets with parking on only one side will be reduced to parking only on the non- prohibited side during either the odd or even calendar day, depending on the numbers of the side of the street where parking is allowed. The Central Business District and existing odd-even parking streets are exempt, as metered parking and the existing odd- even system facilitates removal of parked vehicles sufficient for snow removal. The snow emergency declaration shall be in effect for a minimum of forty-eight (48) hours or until the snow is cleared and, as required by state law, appropriate signage indicating "snow emergency-alternate side parking required" shall be located on all major streets and highways entering the city at or near city limits to provide notice during the snow emergency. Violators will be ticketed and towed. Action: ~~~QCr~S ~ ~U r~~z November 3, 2008 City of Iowa City Page 6 ITEM 8. CONSIDER A RESOLUTION ADOPTING SIDEWALK SNOW REMOVAL POLICY. °~' 3a-{O Comment: The City Code allows staff to establish policies for the removal of snow from sidewalks, and Council must adopt the policy. The policy attached to the resolution reflects how City staff has been responding to complaints about snow and ice on the sidewalk for many years. The keys aspects of the policy that there is no enforcement until it has stopped snowing for 24 hours, that the abutting property owner must remove the snow all the way down to the cement surface, and that the entire sidewalk surface must be cleared (i.e., it is not sufficient just to clear a path the width of the shovel). Action: ITEM 9. CONSIDER A RESOLUTION AUTHORIZING THE IOWA CITY HOUSING AUTHORITY TO REQUEST A DISASTER GRANT IN THE AMOUNT OF $56,725 O~i-3a7 FROM THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE RECONSTRUCTION OF THE PUBLIC HOUSING UNIT LOCATED AT 608 EASTMOOR, IOWA CITY, IOWA, WHICH WAS DAMAGED IN THE FLOOD OF 2008. Comment: The Iowa City Housing Authority owns a Public Housing Unit located at 608 Eastmoor, Iowa City, Iowa. This unit is not located in the 100-Year Flood Plain and is not eligible for Disaster Mitigation Assistance. The Iowa City Housing Authority has already received an insurance settlement of $57,123.24 from the Assisted Housing Risk Management Association (AHRMA). With the insurance settlement from AHRMA and Disaster Grant funds from HUD, the Iowa City Housing Authority will raise the structure, build a new raised foundation and subfloor, and reconstruct the Public Housing unit to pre-flood condition. Action: ~ r f /i[~ ~r r~ a~. P ITEM 10. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF CORALVILLE, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. Comment: The City has a 28E Agreement with Coralville for the provision of animal services, and staff with both cities have negotiated a new agreement. The major substantive change in the proposed agreement is how the fee is calculated. The fee is based on a daily boarding fee per animal and the proposed fee is based on the average cost over the last 3 fiscal years to care for Coralville's animals. Either city may terminate the agreement upon 90 days notice. The agreement also terminates the current 28E Agreement with the new one being effective at the beginning of this fiscal year. City staff anticipates signing similar agreements with the same fee proposal with Johnson County, Solon, and other small communities. Coralville staff has approved the proposed agreement. Action: November 3, 2008 City of Iowa City Page 7 ITEM 11. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. ~ e ~~~ a) Board of Adiustment -One vacancy to fill afive-year term January 1, 2009 - January 1, 2014. (Term expires for Karen Leigh) (2 males and 2 females currently serve). / Yr'- ~i'd ~' h D ~tl r ~ ('lf ~e b) Airport Zoning Brd of Adiustment -One vacancy to fill afive-year term January 1, 2009 -December 31, 2013. (Term expires for Dennis Keitel) (2 males and 0 ~ ~ females currently serve). ~~~ .- I?-~ ~ cGI~~~ r,c ~ _`~,~ ~,~~~ ~ ~ c) Appeals, Board of -Two vacancies to fill five-year terms January 1, 2009 - G ~ December 31, 2013, one for a Mechanical Professional. (Term expires for Chad ~~c Champion, Tim Fehr) 4 males and 1 female urrently serve). d) Human Rights Commission -Three vacancies to fill three-year terms January 1, 2009 -January 1, 2012. (Term expires for Kate Karacay, Martha Lubaroff, Florence Ejiwale) (4 males a1 nd 2 females cur~ren~tly serve). ~~ !.~.~nh.L ~/ ~n N n . ~ ~ / ~ /~ ~ Lc~7 _ /1 ~n ~ ~ ~J f to ~n ~n o ,1 .F2i . QL e) Parks & Recreation Commission -Two vacancies to fill four-year terms January 1, 2009 -January 1, 2013. (Term expires for Philip Reisetter, Matthew Pacha) (6 males and 1 female currently se e). ~ ~ ~ ,-~ - 11 D G~~L'v~ ca ~r f) Public Art Advisory Committee -Two vacancies to fill three-year terms January 1, 2009 -January 1, 2012. (Term expires for Patrick Carney, DaLayne Williamson) (1 male and 2 females currently serve). / re ~ ~ `~a°~- i c]'~ (~~ r in,e.u a,f- ~ 1.~,.~sz.. lei lI I Q ~ s' ~r~.~ g) Senior Center Commission -Two vacancies to fill three-year terms January 1, 2009 -January 1, 2011. (Term expires for Robert Engel, David Gould) (3 males and 2 females curf ently serve). / I"2-Gtc~ Y h O l,~/~a~ c~ir~ h) Youth Advisory Commission -One vacancy to fill atwo-year term, January 1, 2009 -December 31, 2010. One (1) person -Age 18 to 21 on the date of filing (Term expires for Michael Nelson) (1 male and 3 females currently serve) ~ ~ / ~i ~h~t ~~t7~~%r~~~~r~ ~ ~ V ~ ii~~ November 3, 2008 City of Iowa City Page 8 ITEM 12. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [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, effective upon appointment, plus alive-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 -One vacancy to fill an unexpired plus a two year 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) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, NOVEMBER 12, 2008. d) Historic Preservation Commission -One vacancy to fill an unexpired term, effective upon appointment, ending March 29, 2011 for a Longfellow District Representative. (Viktor Tichy resigned) (4 males and 5 females currently serve). e) Youth Advisory Commission -One vacancy to fill an unexpired plus a two year 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) (David Segar resigned) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, DECEMBER 10, 2008: ITEM 13. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 14. CITY COUNCIL INFORMATION. ~~~ ~~1~~ November 3, 2008 City of Iowa City Page 9 ITEM 15. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. {S~'c° ~°/~~~ b) City Attorney. ~ a c) City Clerk. - f~ ~ ITEM 16. ADJOURNMENT CONTINUE SPECIAL WORK SESSION IF NECESSARY cJr (~ ~~ r~ ~ ~~~r~~~ 7 ~ ~~