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HomeMy WebLinkAbout2008-12-16 AgendaSubject to change as finalized by the City Cterk. For a final official copy, contact the City Clerk's Office 356-5040 it Iowa City ~ ^ ~~-~~ City Council Agenda -•-~-- CITY OF IOWA CITY Regular Formal December 16, 2008 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street www.icgov.org ITEM 1. CALL TO ORDER. ~~~~ ~~~Lt' ROLL CALL. ~~~~ ~uz~4o,~J ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Horace Mann Elementary a) Maya Bergman-Corbet b) Lydia Bhattacharya ~'~ Gam" ~`~ ~~ ` c~~/~ N han Jackson `~ c) at ITEM 3. PRESENTATION. a) University of Iowa Dance Marathon 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. December 1, Special Council Formal Official and Complete 2. December 1, Special Council Work Session 3. December 1, Regular Council Work Session 4. December 2, 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. Human Rights Commission: October 21, 2008 2. Planning and Zoning Commission: November 20, 2008 December 16, 2008 City of Iowa City Page 2 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class C Ligtlgr License r RSJSIC, C, dba Ka do Klub, 509 S `~~"-'~ p ~ Gilbert St. (T Iowa Ci Building fficial is commending «.9_~-~-~~`'~ Disapproval of this ~cense app ~ ation. (Se emo includ in Council's Packet.) 0 8- 3 4~-Co d) a8~3~~ Renewal: 2. Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba Carlos O'Kelly's Mexican Cafe, 1411 S. Waterfront Dr. 3. Class C Liquor License for Iowa City Group, LLC, dba Piano Lounge, 217 E. Iowa Ave. 4. Class C Liquor License for Water-B, Inc., dba Studio 13, 13 S. Linn St. 5. Class C Liquor License for Chin Restaurant, Inc., dba Aoeshe Restaurant, 624 S. Gilbert St. 6. Resolution to issue Cigarette Permit for RSJSIC, LLC, dba Kamodo Klub, 509 S. Gilbert St. Public Hearings. 1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 6, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY ATTORNEY AND COUNCIL OFFICE REMODELING 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 involves the remodeling of the City Attorney's Office and Library into additional office space for the City Attorney Office staff and the City Council. The work will also create an ADA access to the women's restroom with a sloped ramp, minor modifications to the City Hall Maintenance space and new carpets and lighting in existing City Attorney's Office spaces. The estimated construction cost is $226,300 and will be funded by General Obligation bond proceeds. r Yom:,,®~,~ C[TY OF [4V~IA ~[TY ~E~~JRA1~D[~~ TO: Mayor, City Council, General Public FROM: City Clerk RE: Revisions December 16 Agenda CONSENT CALENDAR \ ITEM 4(c)1 New: (REVISED) Class C Liquor License for RSJSIC, LLC, dba Kamodo Klub, 509 S Gilbert St.. The Iowa City Building Official recommends approval of this license application. *«**** ITEM 9(g) (REVISED) 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) With quorum concerns and the- receipt of a City High application, staff recommends appointment to one of the new seats (City High) in lieu of recent by-law changes. Correspondence included in Council packet. ITEM 10(d) (REVISED) Youth Advisory Commission -Two vacancies to fill two-year terms January 1, 2009 -December 31, 2010. One (1) person -Tate High One (1) person - At Large (1 male and 3 females currently serve) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JANUARY 21, 2009. December 16, 2008 City of Iowa City Page 3 o g' 3'f'~ 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JANUARY 6, 2009, TO CONSIDER A PROPOSAL TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THREE PROPERTIES LOCATED AT 504 S. CAPITOL STREET, 7 E. HARRISON STREET AND 510 S. CAPITOL STREET AND TO DISPOSE OF SAID PROPERTIES IN ACCORDANCE THEREOF. Comment: Staff has negotiated a purchase agreement with Johnson County for these three properties which are currently owned and controlled by the City for a total purchase price of $484,000.00 which represents $180,000.00 for 504 S. Capitol Street, $180,000.00 for 7 E. Harrison Street and $124,000.00 for 510 S. Capitol Street. Proceeds will be applied to the purchase of the St. Patrick Parrish Hall site. e) Resolutions. p~~ 3'~ 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN ` AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1204 BROOKWOOD DRIVE, IOWA CITY, IOWA. Comment: The owner of the property located at 1204 Brookwood Drive received assistance through the City of Iowa City's Housing Rehabilitation Program. The loans have been paid off; thus the liens need to be released. og~ 3~D 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2429 WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA. Comment: The Iowa Valley Habitat for Humanity owns the property located at 2429 Whispering Prairie Avenue and received assistance though the City of Iowa City's HOME Investment Partnership Funds. The HOME assistance is secured by a mortgage on this property and four (4) other lots. Habitat is conveying this property to a family. Because the family has executed a mortgage in favor of the City to secure the HOME assistance, the City can release this particular lot. o$- 351 3. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 2103-2105 TAYLOR DRIVE, IOWA CITY, IOWA. Comment: The owner of the property located at 2103-2105 Taylor Drive received assistance through the City of Iowa City's Housing Rehabilitation program. The loans have been paid off; thus the liens need to be released. December 16, 2008 City of Iowa City Page 4 off- 35a 4. CONSIDER A RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT "A" Of DEAN OAKES, SIXTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE. Comment: Pursuant to Council's approval of the Preliminary and Final Plat of Dean Oakes, Sixth Addition, and the associated Subdivider's Agreement, the Developer was to dedicate Outlot A to the City after 1) the City accepted or released the storm water management facility, 2) permanent groundcover must be established and moveable and 3) erosion and sedimentation are controlled. 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. D~' 3~3 5. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND / OR LEASE PROPERTY IN AVIATION COMMERCE PARK THAT WILL EXTEND THE TERM BY ONE YEAR. Comment: The listing agreement to sell and lease the property known as Aviation Commerce Park ("ACP") executed by the Airport Commission, the City Council, and Iowa Realty Commercial will expire on December 31, 2008. The proposed amendment extends the term to December 31, 2009. The Airport Commission will consider the proposed amendment at its meeting on December 11. f) Correspondence. 1. Governor Culver: Flood 2. City Engineer: Competitive Quotation Results 2008 Storm Sewer Improvements Project 3. Acting Traffic Engineering Planner: Removal of (2) STOP signs and the installation of (4) YIELD signs at the Kennedy Parkway/Meadowlark Drive intersection 4. JCCOG Traffic Engineering Planner: Installation of (1) STOP sign on the southeast corner of the intersection of Ryan Court and Kennedy Parkway 5. Iowa City/Coralville Area CVB Newsletter: Iowa City Designated UNESCO City of Literature 6. Wayne Lindsey: Transit Department 7. Der-Fa Lu: High Speed Internet in Iowa City 8. Thomas Ewing: Housing Regulation interview 9. Judith Pascoe: Sign Ordinance stipulations END OF CONSENT CALENDAR. December 16, 2008 City of Iowa City Page 5 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's "a, b, c" will proceed as outlined in the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications.") a) FOR A VOLUNTARY ANNEXATION OF 179 ACRES OF PROPERTY LOCATED ADJACENT TO 420th STREET, WEST OF TAFT AVENUE, AND FOR THE IOWA INTERSTATE RAILROAD RIGHT-OF-WAY BETWEEN INDUSTRIAL PARK ROAD AND TAFT AVENUE. (ANN08-00001 and ANN07- 00001) Comment: At its November 20 meeting, by a vote of 5-0 (Busard abstained, Weitzel absent) the Planning and Zoning Commission recommended approval of the annexation. Approval will allow this property to be incorporated into the City of Iowa City for future industrial development. PUBLIC HEARING Action: c> g' J? S~ 2. CONSIDER A RESOLUTION Action: December 16, 2008 City of Iowa City Page 6 b) REZONING APPROXIMATELY 179 ACRES OF LAND LOCATED ADJACENT TO 420th STREET, WEST OF TAFT AVENUE FROM COUNTY RESIDENTIAL (R) TO INTERIM DEVELOPMENT INDUSTRIAL (ID- I) AND FOR THE IOWA INTERSTATE RAILROAD RIGHT-OF-WAY BETWEEN INDUSTRIAL PARK ROAD AND TAFT AVENUE FROM COUNTY RESIDENTIAL (R) TO GENERAL INDUSTRIAL (11 ). (REZ07-00008 and REZ08-00009) Comment: At its November 20 meeting, by a vote of 6-0 (Busard abstained, Weitzel absent), the Planning and Zoning Commission recommended approval of the rezoning. The Interim Development General Industrial designation indicates the City's intention to rezone the property at a future date to allow for industrial uses when adequate infrastructure is in place. The Industrial zoning of the railroad right-of-way recognizes it current use. 1. PUBLIC HEARING Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: c) CONDITIONALLY REZONING APPROXIMATELY 1.69 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CAMP CARDINAL BOULEVARD AND KENNEDY PARKWAY FROM INTERIM DEVELOPMENT COMMERCIAL OFFICE (ID-C01) TO COMMERICAL OFFICE (C01) (REZ08-00010) Comment: At its November 20 meeting, by a vote of 6-0 (Weitzel absent), the Planning and Zoning Commission recommended approval of this rezoning subject to a conditional zoning agreement providing details for the building design and placement, vehicle access, screening, and signage. Staff recommended approval in a report dated November 20. Approval will allow this property to be developed with commercial office uses. 1. PUBLIC HEARING Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: December 16, 2008 City of Iowa City Page 7 d) CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ESTABLISH A MINIMUM PARKING REQUIREMENT FOR HOUSEHOLD LIVING USES IN THE CENTRAL BUSINESS (CB-10) ZONE Comment: Continuation of the public hearing from November 18. At its December 4 meeting, by a vote of 6-1 (Payne voting no), the Planning and Zoning Commission recommended approval of revisions to their original recommendation dated October 16. The revisions reduce the proposed parking requirement for efficiency and 1-bedroom apartments and provide a limited exemption from parking requirements for apartments within existing buildings. Memorandum included in Council packet. 1. PUBLIC HEARING (CONTINUED FROM 11/18) Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: .~~ ~Q ~~ ~a p$, ~3 ~,3 e) CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING CODE, 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. (PASS AND ADOPT) Comment: At its October 16 meeting, by a vote of 6-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval of this zoning code amendment. Staff recommended approval in a memo dated October 16. Approval of this amendment will 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: Ll1rf~/ f ~~S~i~ / ~ ~ _~/../~ l~(J(OG yYL ILK ~ ~~ ~~,~,.~ December 16, 2008 City of Iowa City Page 8 f) CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF MOUNT PROSPECT ADDITION, PART IX, IOWA CITY, IOWA. (SU608-00009) (DEFERRED FROM 12/2) Comment: The preliminary plat was approved by the City Council on March 20, 2007. Staff recommends approval of the final plat subject to approval of legal papers and construction drawings. It is anticipated that legal papers and construction drawings will be approved prior to the December 2, City Council meeting. Approval will allow the development of Mount Prospect Addition, Part IX, a 16-lot, approximately 5.21-acre residential subdivision located south of Lakeside Drive. Action: ITEM 7. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITION AT o~~ 35~ THE AIRPORT BY CHANGING THE PERMANENT, PART-TIME POSITION OF AIRPORT OPERATIONS SPECIALIST FROM .6 FTE TO .75 FTE. Comment: In November 2005, Council amended the confidential/administrative pay plan by deleting the position of airport manager and adding the position of an operations specialist. The City budget was also amended to reflect the change of a permanent airport manager to apart time (.6 FTE) operations specialist. In the intervening three years, the duties and responsibilities of the operations specialist have often exceeded .6 FTE, or 24 hours per week. Increasing the position from .6 FTE to .75 FTE will reflect the hours needed for the operations specialist to complete the duties and responsibilities and will also make the position exempt. The Airport Commission passed a motion at its November 13 meeting (draft minutes are in the November 25 information packet) that Council amend that budget to increase the position from .6 FTE to .75 FTE. Acton: ITEM 8. CONSIDER A RESOLUTION APPROVING SETTLEMENT OF PENDING erg' 35~ LITIGATION. Comment: This Resolution will confirm and ratify a proposed settlement of pending litigation which is set for discussion during the executive session scheduled Tuesday, December 16, 2008. Acton: December 16, 2008 City of Iowa City Page 9 ITEM 9. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. ~. ~a~"'~ ~; aF„ ~s,~ Ca"" ~~ 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). ~ „ ,_ 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). c) Appeals, Board of -Two vacancies to fill five-year terms January 1, 2009 - December 31, 2013, one for a Mechanical Professional. (Term expires for Chad Champion, Tim Fehr) (y4 males and 1 female currently serve). 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). Correspondence included in Council packet., _ n , 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 serve). Correspondence included in '-. fl g) 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) ~, Staff recom ends defer"r of appointme t, to match up the advertisement of three new va ncies (City, ate, At-Large) n the Board in ~eu of recent by-law ~~,~.sz,~-~ changes. New eadline fora lications is J uary 21, 2009. Senior Center Commission -Two vacancies to fill three-year terms January 1, 2009 -December 31, 2011. (Term expires for Robert Engel, David Gould) (3 males and 2 females currently serve). r ~!_,:,®~,~ CITY 4F tCJWA CITY ~.~ ~~,~~ ~~~ ~~ ~ ~ ~~~ TO: Mayor, City Council, General Public FROM: City Clerk RE: Revisions December 16 Agenda CONSENT CALENDAR ITEM 4(c)1 New: (REVISED) Class C Liquor License for RSJSIC, LLC, dba Kamodo Klub, 509 S Gilbert St.. The Iowa City Building Official recommends approval of this license application. ****** ITEM 9(g) (REVISED) 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) With quorum concerns and the receipt of a City High application, staff recommends appointment to one of the new seats (City High) in lieu of recent by-law changes. Correspondence included in Council packet. /~~ ~ y ~ ITEM 10(d) (REVISED) Youth Advisory Commission -Two vacancies to fill two-year terms January 1, 2009 -December 31, 2010. One (1) person -Tate High One (1) person - At Large (1 male and 3 females currently serve) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JANUARY 21, 2009. December 16, 2008 City of Iowa City Page 10 ITEM 10. 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 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) Parks & Recreation Commission -One vacancy to fill an unexpired term, effective upon appointment, ending January 1, 2011. (John Watson resigned) (5 males and 1 female currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, DECEMBER 31, 2008. New: d) Youth Advisory Commission - ree vacancies to fill two-y ar terms January 1, 2009 - Decerl~ber 31, 2010. One (1) persons City High ~~,~,Q.~-~~ One (1) person - ate High One (1) person - A arge (1 male and 3 female currently serve) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JANUARY 21, 2009. ITEM 11. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 12. CITY COUNCIL INFORMATION. i ITEM 13. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. b) City Attorney. c) City Clerk. ITEM 14. ADJOURNMENT -CONTINUE SPECIAL WORK SESSION IF NECESSARY ~~ ~~ ~~~~~~ r r^~i"'®~~ CITY 4F i~JWA CITY ~*~-~,~~ ~E~~JRAND(~1VI TO: Mayor, City Council, General Public FROM: City Clerk RE: Revisions December 16 Agenda CONSENT CALENDAR ITEM 4(c)1 New: (REVISED) Class C Liquor License for RSJSIC, LLC, dba Kamodo Klub, 509 S Gilbert St.. The Iowa City Building Official recommends approval of this license application. ****** ITEM 9(g) (REVISED) 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) With quorum concerns and the receipt of a City High application, staff recommends appointment to one of the new seats (City High) in lieu of recent by-law changes. Correspondence included in Council packet. ITEM 10(d) (REVISED) Youth Advisory Commission -Two vacancies to fill two-year terms January 1, 2009 -December 31, 2010. One (1) person -Tate High One (1) person - At Large (1 male and 3 females currently serve) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JANUARY 21, 2009.