Loading...
HomeMy WebLinkAbout2005-07-05 Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. ITEM 2. PROCLAMATION. a) The Right to Vote Act of 1965 - August 6, 2005 ITEM 3. 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. June 20, Special Council Formal Official and Complete 2. June 20, Regular Council Work Session 3. June 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 Public Hearing: April 28, 2005 2. Planning and Zoning Commission: May 5, 2005 3. Senior Center Commission: May 18, 2005 4. Public Library Board of Trustees: May 26, 2005 July 5, 2005 City of Iowa City Page 2 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class B Beer Permit for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd. 2. Outdoor Service Area for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd. 3. Special Class C Liquor License for P&M Restaurant, Inc., dba Sushi Po Po, 726 Mormon Trek Blvd. Renewal: 4. Class C Liquor License for Roy L. Chopek/VValter L. "Bud" crt, Post #17 dba American Legion, Roy L. Chopek Post #17, 3016 Muscatine Ave. 5. Class C Liquor License for Vito's of Iowa City, Inc., dba Vito's, 118 E. College St. 6. Class E Liquor License for Hartig Drug Co, Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd. 7. Class C Liquor License for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St. 8. Class C Beer Permit for FAP Enterprises, Inc., dba Gasby's East, 2303 Muscatine Ave. 9. Class C Liquor License for Iowa City Aerie #695 Fraternal Order of Eagles dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy 1 West. i o.5~I ~' 10. Resolution to issue Dance Floor Permits to I.C. Mill Associates, LLC, ' ~ dba Mill Restaurant, 120 E. Burlington St. and Iowa City Aerie #695 : Fraternal Order of Eagles dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy 1 West. d) Resolutions. 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN oS ~ ~ AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN ~ REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1310 FOSTER ROAD, 1241 MOSES BLOOM LANE, 1221 MOSES BLOOM LANE, 1201 MOSES BLOOM LANE, 1287 & 12871/2 MOSES BLOOM LANE, AND 1267 & 12671/2 MOSES BLOOM LANE. Comment: On April 20, 2005, the owner of 1310 Foster Road, 1241 Moses Bloom Lane, 1221 Moses Bloom Lane, 1201 Moses Bloom Lane, 1287 & 1287% Moses Bloom Lane, and 1267 & 1267½ Moses Bloom Lane executed a Mortgage in the amount of $162,816.00 to secure a loan from the City for said amount. The loan was fully paid on June 22, 2005, and it is now the City's responsibility to release this lien. July 5, 2005 City of Iowa City Page 3 o~5~°~'°10 2. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE OAKLAND CEMETERY SEWER SEPARATION PROJECT. Comment: This 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. ~ E, - .aG) 3. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER PUBLIC IMPROVEMENTS FOR LOT 205 OF WINDSOR RIDGE - PART TEN. Comment: See Engineer's Report. o~ ~ -g~-~ 4. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE ~ SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE, PART 1, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. e) Correspondence. 1. Judy Leonard: Vacant residence on Westminster Street in Iowa City 2. Naftaly Stramer: Clinton Street and lC Jazz Festival [Staff response included] 3. Allison McNeese (X2): Mediacom 4. Police Chief: Karen Kubby, Stephen Vlastos 5. George D. Pappas: Medical Cannabis Initiative Inquiry 6. Kelly VanderWerff: Proposal for youth input on City Council END OF CONSENT CALENDAR. ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions to July 5, 2005 Agenda ~~'i Calendar: h~ ITEM 3e(7) (Addition) Robert Givens: Hiring of a new Iowa City Police C ITEM # 5a REVISED (Planning & Zoning) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JULY 19 ON A RESOLUTION VACATING AND AUTHORIZING CONVEYANCE OF ALLEY RIGHT-OF-WAY IN PENINSULA NEIGHBORHOOD SECOND ADDITION (VAC05-00004) Comment: At its June 16 meeting, by a vote of 6-0 (Brooks absent), the Planning and Zoning Commission recommended approval of vacating the alleys in Peninsula Neighborhood Second Addition. Staff recommended approval in a report dated June 16. Staff recommends conveyance of the alleys to Peninsula Development L.L.C., which previously paid for them pursuant to its development agreement with the City. July 5, 2005 City of Iowa City Page 4 ITEM 5. PLANNING AND ZONING MATTERS. a) CONS[E~ER A MOTION SETTING A~UBLIC HEARINGx,FOR JULY 19 ON A RESOLUTION VACATING ALLEYX RIGHT-OF-W~Y~IN PENINSULA N EIGHBOI~D SECOND ADDITION'~AC05-00004) ~, ~ Comment: At its",J~ne 16 meeting, by a 'v,,ote of 6-0 (Broo'~ absent), the ' ~D Planning and Zonin'g....Commission recommended approval of'~acating the ~ alleys in Peninsula N~:j~borhood Second A~dition. Staff recommended ''')-''''~'''~ approval in a report dated JL~e 16. ~ -- Action: b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JULY 19 ON A RESOLUTION VACATING UNIMPROVED OLDE OAK LANE, EAST OF KITTY LEE ROAD Comment: It is anticipated the Planning and Zoning Commission will act on this vacation at its July 6 meeting. This portion of unimproved Olde Oak Lane is proposed to be supplanted by the MWD Davis Addition final plat. c) CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 29.7 ACRES OF PROPERTY, LOCATED NORTH EAST OF HIGHWAY 218 AND DEER CREEK ROAD, FROM COUNTY RESIDENTIAL TO INTERIM DEVELOPMENT - OFFICE RESEARCH PARK (REZ05-00006) Comment: At its April 21 meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval of rezoning this property to Interim Development - Office Research Park, ID-ORP. The territory is part of the Clear Creek Master Plan, endorsed by the City in April, 2002. Staff recommended approval in a report dated April 21. 1. PUBLIC HEARING 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ~-,,..,~/~./- /'¢/' 4¢ 4/,4"/~ TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions to July 5, 2005 Agenda Consent Calendar: ITEM 3e(7) (Addition) Robert Givens: Hiring of a new Iowa City Police Chief CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JULY 19 ON A RESOLUTION VACATING AND AUTHORIZING CONVEYANCE OF ALLEY RIGHT-OF-WAY IN PENINSULA NEIGHBORHOOD SECOND ADDITION Comment: At its June 16 meeting, by a vote of 6-0 (Brooks absent), the Planning and Zoning Commission recommended approval of vacating the alleys in Peninsula Neighborhood Second Addition. Staff recommended approval in a report dated June 16. Staff recommends conveyance of the alleys to Peninsula, , Development L.L.C., which previously paid for them pursuant to its development  agreement with the City. July 5, 2005 City of Iowa City Page 5 d) CONSIDER AN ORDINANCE APPROVING A SENSITIVE AREAS OVERLAY ZONE AND A SENSITIVE AREAS DEVELOPMENT PLAN FOR MWD DAVIS ,~_ z~ ~ ADDITION (REZ05-00001) (PASS AND ADOPT) Comment: At its May 5 meeting, by a vote of 6-0 (Shannon absent), the Planning and Zoning Commission recommended approval of a Sensitive Areas Overlay Zone and Sensitive Areas Development Plan for MWD Davis Addition, a 50.04 acre commercial subdivision located north of Highway '1, west of Highway 2'18 and east of Kitty Lee Road. The Commission recommended approval subject to the wetland planting area being amended to include the proposed wetland buffer, prior to City Council consideration. The aforementioned wetland buffer planting plan has been approved. Staff recommended approval in a report dated April 2'1, and in a subsequent memorandum dated April 29. Action: d~,/ ,~---~z/ Pq' ~ CONSIDER AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM COUNTY A1 TO CC-2, COMMUNITY COMMERCIAL (APPROXIMATELY 16.05 ACRES), C1-1, INTENSIVE COMMERCIAL (APPROXIMATELY 20.22 ACRES), CO-1, OFFICE COMMERCIAL (APPROXIMATELY 10.92 ACRES) AND RR-1, RURAL RESIDENTIAL (APPROXIMATELY 2.83 ACRES), FOR PROPERTY LOCATED NORTH OF HIGHWAY 1, WEST OF HIGHWAY 218 AND EAST OF KITTY LEE ROAD (REZ04-00030) (DEFERRED FROM 3/22, 4/5, 6/7) (PASS AND ADOPT) Comment: At their February 17 meeting, by a vote of 6-0 (Shannon absent), the Planning and Zoning Commission recommended approval subject to conditions related to infrastructure improvements, funding, landscaping, fencing and sanitary sewer provision. Staff recommended approval in a report dated December 16, 2004, and in subsequent memoranda dated February 11 and February 17. The rezoning will allow for development of MWD Davis Addition, a commercial development proposed for this property. The applicant requested that the Planning and Zoning Commission reconsider the recommended conditions for the rezoning. The Commission's revised recommendation was distributed to Council on March 22. Action: t/,,/~,,~//_~ 'Z~z*4tl*.~'~7 to q~ cz..- July 5, 2005 City of Iowa City Page 6 ~.~ ~-/i G/~ f) CONSIDER AN ORDINANCE REZONING APPROXIMATELY 25.67 ACRES - BY AMENDING A PLANNED DEVELOPMENT HOUSING OVERLAY - LOW DENSITY SINGLE FAMILY RESIDENTIAL (OPDH-5) PLAN IN ORDER TO ALLOW ADDITIONAL ZERO LOT LINE DWELLINGS FOR PROPERTY LOCATED ON WINTERGREEN DRIVE (REZ04-00017/SUB04-00017) (PASS AND ADOPT) Comment: At its May 5 meeting, by a vote of 6-0 (Shannon absent), the Planning and Zoning Commission recommended approval of the revised OPDH Plan to permit Village Green Parts XXIII and XXIV, a 76 lot residential subdivision (38 single-family lots and 38 attached zero-lot line lots) on 25.67 acres of property located on Wintergreen Drive. Staff recommended approval in a memorandum dated March 31,2005. This item was deferred by the City Council on March 1 to allow the Commission to review the revised OPDH Plan. ~F~- ~/~ g) CONSIDER AN ORDINANCE CONDITIONALLY CHANGING THE ZONING ' , DESIGNATION OF APPROXIMATELY 54 ACRES FROM PUBLIC/INTENSIVE COMMERCIAL (P/CI-1) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE FOR AVIATION COMMERCE PARK. (REZ05-00004) (PASS AND ADOPT) Comment: At its April 21 meeting by a vote of 4-1 (Shannon voting no, Hansen absent), the Planning and Zoning Commission recommended approval subject to conditions pertaining to 1) sidewalk and pedestrian improvements, 2) landscaping and screening requirements, 3) street and intersection improvements and 4) design standards for large retailers. Staff recommended approval in a memorandum dated April 7. Action: ~/~Z~ .~. ::,/~-2. . ! . ~ ¥~'~-'~_.~,,~.,,,_~./~ ~: JulyS, 2005 City of Iowa City Page 7 ITEM 6. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HOLLYWOOD BOULEVARD SEWER REPAIR 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 removing and replacing a section of the sanitary sewer along Hollywood Boulevard from the Fairmeadows intersection to a point 400' east of the intersection. The estimated construction is $230,000 and will be funded with Sewer revenue proceeds. a) PUBLIC HEARING o.~ ~-~ b) CONSIDER A RESOLUTION ITEM 7. CONSIDER AN ORDINANCE AMENDING SECTION 14, CHAPTER 5, ARTICLE C, ENTITLED "ELECTRICAL CODE," OF THE IOWA CITY CODE BY ADOPTING THE ~ I.~ 2005 EDITION OF THE NATIONAL ELECTRICAL CODE INCLUDING ANNEX G WITH AMENDMENTS, AS THE IOWA CITY ELECTRICAL CODE, REGULATING THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL WIRING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS; PROVIDING FOR THE ISSUANCE OF PERMITS AND INSPECTION OF ELECTRICAL INSTALLATIONS AND THE COLLECTION OF FEES; AND PROVIDING PENALTIES FOR VIOLATIONS. (SECOND CONSIDERATION) Comment: The Board of Appeals held a public meeting on May 24, 2005, to secure input from clients and contractors. Members of the Iowa City Homebuilders Association were present to provide input to the ordinance. A description of notable changes is included in council's packet. Staff recommends action to allow passage and publication by August 1, 2005. Staff recommends expedited consideration. Action: (..~.~~,,/ g~,./A.)~ C.,~ ~d~//. ~'~. July 5, 2005 City of Iowa City Page 8 ITEM 8. CONSIDER AN ORDINANCE REPEALING CITY CODE TITLE 12, CHAPTER 4 c~_F3-~-I(~ ENTITLED BROADBAND TELECOMMUNICATIONS FRANCHISE ENABLING "ORDINANCE AND ADOPTING A NEW CHAPTER 4. (PASS AND ADOPT) Comment: A public hearing is required under Iowa Code section 324.2(4)(a) when a municipality is considering whether to extend a franchise. Staff and the Iowa City Telecommunications Commission both are recommending an extension of the cable franchise with Mediacom. ITEM 9. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY ©r~ _ ,_~.,~,.~ CLERK TO ATTEST A FRANCHISE AGREEMENT BETWEEN THE CITY OF IOWA ~ CITY, IOWA AND MCC IOWA LLC (MEDIACOM) TO OPERATE A CABLE TELEVISION SYSTEM IN IOWA CITY. Comment: This is a 13-year extension of the current franchise agreement, a copy of which is attached to the resolution. The Iowa City Telecommunications Commission and staff recommend approval of this agreement. ITEM 10. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY ~i~ - .~.3E~ CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER, DLSlC L.C., AND TENANT YATES, INC. d/b/a PITA PIT, FOR A SIDEWALK CAFI~ AT 113 IOWA AVENUE. Comment: Yates, Inc., d/b/a as Pita Pit, seek a license agreement for temporary use of public right-of-way at 113 Iowa Avenue, Iowa City, Iowa for a sidewalk caf6. City Staff has reviewed the plans and specifications and required submittals and recommends approval of said agreement. / July 5, 2005 City of Iowa City Page 9 ITEM 11. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC ~.~-,~, RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER, MAUREEN A. MONDANARO, AND TENANT GIVANNI'S OF IOWA CITY, INC. d/b/a GIVANNI'S, FOR A SIDEWALK CAFI~ AT 109 E. COLLEGE STREET. Comment: Givanni's of Iowa City, Inc., d/b/a as Givanni's, seek a license agreement for temporary use of public right-of-way at 109 E. College Street, Iowa City, Iowa for a sidewalk caf6. City Staff has reviewed the plans and specifications and required submittals and recommends approval of said agreement. This sidewalk caf6 will be the first caf6 that will extend into Zone 2 of the City Plaza. Please see memo regarding potential recommended changes to the Sidewalk Caf6 ordinance. ITEM 12. COUNCIL APPOINTMENTS. / a) Airport Commission - One appointment to fill an unexpired term ending March · ~ 1, 2007. (Michelle Robnett resigned) (4 Males and 0 Females currently serve). Action: ¢~~~. ~ b) Airport Zoning Brd of Adiustment - One appointment to fill an unexpired term ending December 31,2006. (Carl Williams resigned) (3 Males and 0 Females currently serve). Action: // c) Historic Preservation Commission - One appointment to fill an unexpired term ending March 29, 2008. (Michael Maharry resigned) (8 Males and 1 Female currently serve). Action: '- ITEM 13. 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) Police Citizens Review Board - Two vacancies, (One Peace Officer and One Eligible Elector), to fill four-year terms September 1, 2005 - September 1,2009. (Term expires for Greg Roth and Roger Williams) (1 Male and 2 Females currently serve). July 5, 2005 City of Iowa City Page 10 b) Housinq and Community Development Commission - Three vacancies to fill three-year terms September 1, 2005 - September 1, 2008. (Term expires for Jayne Sandier, Mark Edwards, and Jerry Anthony) (4 Males and 2 Females currently serve). c) Telecommunications Commission - One vacancy lo fill an unexpired term ending March 13, 2007. (Brett Castillo resigned) (3 Males and 1 Female currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JULY 13, 2005. ITEM 14. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 15. CITY COUNCIL INFORMATION. ITEM 16. REPORT ON ITEMS FROM CITY STAFF. a) City Attorney. b) City Clerk. c) City Manager. ITEM 17. ADJOURNMENT.