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HomeMy WebLinkAbout2005-09-20 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 ~~,~ ~=~ t City Council Agenda CITY OF IOWA CITY Regular Formal September 20, 2005 - 7:00 p.m. City Hall - Harvat Hall 4:L0 E. Washington Street www.icgov.org ITEM 1. CALL TO ORDER. ~ -/~,~'~:~" ROLL CALL. ITEM 2. 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. September 6, Special Council Formal Official and Complete 2. September 6, Special Council Work Session 3. September 6, 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. Public Art Advisory Committee: July 7, 2005 2. Parks and Recreation Commission: July 13, 2005 3. Airport Commission: August 11, 2005 4. Planning and Zoning Commission: August 18, 2005 5. Police Citizens Review Board: August 16, 2005 6. Board of Adjustment: August 10, 2005 c) Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: 1. Class C Liquor License for I.C.B.B., Ltd., dba Brown Bottle, 115 E. Washington St. 2. Class C Liquor License for Krore, Inc., dba Mclnnerney's, 161 Hwy 1 West. September 20, 2005 City of Iowa City Page 2 3. Outdoor Service Area for Krore, Inc., dba Mclnnerney's, 161 Hwy 1 West. 4. Class C Beer Permit for On the Go Convenience Stores, Inc., dba On the Go Convenience Stores, Inc., 2315 Muscatine Ave. 5. Class C Beer Permit for Dan's Short Stop Corp., dba Dan's Short Stop Corp, 2221 Rochester Ave. 6. Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee Gas #1,260 Stevens Dr. 7. Class C Beer Permit for ND Express, Inc., dba North Dodge Express, 2790 N. Dodge St. 8. Special Class C Liquor License for Tropical Chill, Inc., dba Baldy's Wraps, 18 S. Clinton St. d) Resolutions. O~-3~o~ 1. CONSIDER A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) FOR THE FIRST AVENUE/IOWA INTERSTATE RAILROAD GRADE SEPARATION PROJECT Comment: This resolution authorizes staff to apply for Iowa Clean Air Attainment Program funds for the First Avenue/Iowa Interstate Railroad grade separation project, and obligates the City to a 20% local match should grant funds be awarded. Staff is applying for $2 Million in ICAAP funds with this application. It is anticipated the City will need to accumulate several grant fund sources before this project is undertaken. The First Avenue/Iowa Interstate Railroad grade separation project would improve air quality by eliminating idling vehicles associated with trains blocking First Avenue, and reducing the number of motorists driving several miles extra to avoid the at-grade railroad crossing. 310 2. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE WATERWORKS PRAIRIE PARK BUTLER HOUSE/AMPHITHEATER TRAILS 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. September 20, 2005 City of Iowa City Page 3 O~ -SJ[ 3. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1029 BOWERY STREET, IOWA CITY, IOWA. Comment: Iowa State Bank and Trust, Co., Iowa City, Iowa has requested that the City approve a Subordination Agreement for 1029 Bowery Street. On October 15, 2003, the owner of the property received a loan from the City of Iowa City's Community Development Block Grant (CDBG) funds. The property has enough equity to cover the City's lien position. o5 --- ~! ~- 4. CONSIDER A RESOLUTION APPROVING THE DESIGN OF EXTERIOR DOORS FOR "STUFF BOUTIQUE" AND A NEW MALL EXITING 'DOOR AT OLD CAPITOL TOWN CENTER LOCATED AT 201 S. CLINTON STREET Comment: Hodge Construction has applied for a permit for a remodel of a tenant space for "Stuff Boutique" at Old Capitol Town Center, 201 S. Clinton Street which will include the addition of exterior doom and a new mall exiting door. Since this is an Urban Renewal parcel, approval by the Design Review Committee and City Council is required. e) Correspondence. 1. JCCOG Traffic Engineering Planner: Installation of LANE CONTROL sign designating existing left lane a LEFT TURN ONLY lane on Rohret Road at the intersection of Mormon Trek Blvd. 2. JCCOG Traffic Engineering Planner: Removal of two parking meters in the 300 block of S. Dubuque Street. Installation of NO PARKING 2 AM to 6 AM TOW AWAY ZONE LOADING ZONE 15 MINUTE LIMIT 7 AM- 6PM signs. 3. JCCOG Traffic Engineering Planner: Installation of NO PARKING 2AM- 6AM TOW AWAY ZONE signs on the west side of the 300 block of South Dubuque Street. 4. Acting JCCOG Traffic Engineering Planner: Installing NO PARKING ALLEY TO HERE sign on the north side of Court Street, opposite Oakland Avenue. 5. JCCOG Traffic Engineering Planner: Proposed traffic calming for the alley between Bradley Street and 7th Avenue parallel to Muscatine Avenue. 6. James Pobst: Crosswalk on Benton Street [Staff response included] 7. Paul Clark Behrend: Innovative Lighting-hybrid solar luminaire for gov't and city buildings 8. Proposed Development Code: Form letters received from 7 individuals. ,~ 9. Carol Bender: Construction on Dubuque Street ~ September 20, 2005 City of Iowa City Page 4 10. Irvin Pfab: Counseling, housing programs can save lives-and money The Arizona Republic 11. Dave Collins: Wal-Mart-Two sides to every story 12. Jeff Edberg: Open house event invitation for the Peninsula neighborhood 13. Jean Villarreah Hurricane evacUees 14. Scot West: Dorothy sculpture on Ped Mall 15. Peter Lagios: PATV '16. Daniel Benton: Public nuisance: Fraternity house at NE corner of Ronald and Dubuque Streets END OF CONSENT CALENDAR. 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. / ¢ ITEM 4. PLANNING AND ZONING MATTERS. ~~ ~ a) C(N~.LD_ER A MOTION SETTING A PUBLIC HEARING FOR OCTOBER 5 ON AN ORD~ ADOPT A NEW ZONING~G_._C_OD~-TITL-E-1-4-OF THE Cl~ CODE. (REPEA ,, AND 9 OF TITLE 14 ("UNIFIED DEVELOPME~~THE CI~ CODE IN THEIR ENTIRE~ AND SUnG THE NEW ZONING CODE IN LIEU THEREOF). Comment: At its August 18 meeting, by a vote of 4-1, (Shannon voting in the negative, Anciau~Smith absent) the Planning and Zoning Commission recommended approval of the proposed Zoning Code. This motion sets a hearing on the proposed new text only and does not trigger a moratorium. Hard copy of PrOPosed text provided to Council only, and is available on city website. Staff memo's included in Council packet. TO: Mayor, City Council, General Public FROM: City Clerk RE: Revisions/Addition to September 20, 2005 agenda CONSENT CALENDAR: ITEM NO. 20 (8) (Revised) Proposed DeYelopment Code: Cheryl Nelson and amond tho total to 202 form letters recoived. · ('17) (Addition) Sarah Traeger: Hurricane Katrina Fundraiser I~M 4a (Revised) ORDINANCE AMENDING TITLE 14 ENTITLED CONSIDER'CAN ~ "UNIFIED DEVELOPMENT CODE," BY: REPEALING CHAPTERS 4, 6 AND 9 AND REPLACING THEM WITH THE NEW TITLE 14 ZONING CODE, AMENDING PORTIONS OF CHAPTERS 1 AND 5, RENUMBERING CHAPTERS 1,2, 3, 5, 7, 8, 10 AND 11, AND REPEALING CHAPTER 12 ITEM '9 (Revised) CONSIDER A RESOLUTION APPROVING SETTLEMENT OF CLAIM. Comment: This resolution approves a Settlement with Florence Hayslett for injuries sustained on August '14, 2004, September 20, 2005 City of Iowa City Page 5 b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR OCTOBER 4 ON A RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY 51.9 ACRES LOCATED ON AMERICAN LEGION ROAD (ANN05-00002) Comment: At its September 1 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of this annexation· Staff recommended approval in a Staff report dated September 1. c) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR OCTOBER 4 ON AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 51.9 ACRES FROM COUNTY RESIDENTIAL (R) TO LOW DENSITY SINGLE- FAMILY RESIDENTIAL (RS-5) FOR PROPERTY LOCATED ON AMERICAN LEGION ROAD (REZ05-00018) Comment: At its September 1 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval subject to a Conditional Zoning Agreement specifying the developer's responsibility for contributing to the cost of upgrade of American Legion Road· Staff recommended approval with conditions in a Staff report dated September 1. The annexation and rezoning of this property will allow the Fairview Golf Course to be developed with single- family homes· o .~ --' 4 ~ ~O d) CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 92 ACRES FROM INTERIM DEVELOPMENT RESIDENTIAL (ID-RS) ZONE TO LOW DENSITY SINGLE FAMILY - SENSITIVE AREAS OVERLAY (OSA-5) ZONE FOR PROPERTY LOCATED WEST OF KENNEDY PARKWAY AND EAST OF CAMP CARDINAL ROAD (REZ03-00019) (PASS AND ADOPT) Comment: At its July 6 meeting, by a vote of 6-0 (Brooks absent) the Planning and Zoning Commission recommended approval of the proposed rezoning and associated Sensitive Areas Development Plan, subject to necessary easements and an escrow for the extension of a standard 8" sanitary sewer to the south property boundary and a good faith effort for construction traffic to use alternative routes to Kennedy Parkway where possible· Staff recommended approval in a report dated June 16 subject to resolution of deficiencies· Approval will allow the development of Cardinal Ridge, a 93-1ot, residential subdivision· A Sensitive Areas Development Plan is required due to the applicant's request to allow a reduction of wetland buffers and wetland buffer averaging. September 20, 2005 City of Iowa City Page 6 oco--,,.,Ala~ e) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF CARDINAL RIDGE, IOWA CITY, IOWA (SUB03-00024) Comment: See item 4d above. Action: -" z~ I ~' i f) CONSIDER AN ORDINANCE CONDITIONALLY. REZONING APPROXIMATELY 2.19 ACRES FROM INTENSIVE COMMERCIAL (C1-1) ZONE AND MEDIUM DENSITY SINGLE -FAMILY RESIDENTIAL (RS-8) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE FOR PROPERTY LOCATED BETWEEN NORTH DODGE STREET AND DODGE STREET COURT, EAST OF CONKLIN LANE (REZ05-00003). (PASS AND ADOPT) Comment: At its July 6 meeting, by a vote of 4-2 (Brooks absent, Koppes and Freerks vote to deny) the Planning and Zoning Commission recommended approval, subject to a conditional zoning agreement addressing neighborhood compatibility issues. Staff recommended approval in a report dated June 16, subject to issues of neighborhood compatibility and commercial traffic access to Dodge Street Court being resolved. Approval will allow the development of a mixed use development with ground floor commercial space and 10 multi-family dwelling units. Action: ITEM 5. CONSIDER AN ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES" CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND PENALTIES," SECTION 9, ENTITLED "VIOLATION OF VARIOUS CODE SECTIONS," TO MAKE THE FINE FOR LITTERING THE SAME AS THE FINE UNDER THE STATE CODE. (FIRST CONSIDERATION) Comment: Currently, the fine for littering is $10. State law regulates littering on a street or highway and sets the fine at $35. The City cannot have a fine that is less than the State. The City can either make the fine for littering on a street or highway $35 and keep the fine at $10 for littering everywhere else or increase the fine for littering to $35 regardless of where it occurs. Staff recommends the latter option. Action: ~]~~/ September 20, 2005 City of Iowa City Page 7 ITEM 6. CONSIDER A RESOLUTION APPROVING THE CALL TO ARTISTS FOR TWO ~ ~t~l- PUBLIC ART PROJECTS; ONE EACH IN THE KICKER'S SOCCER PARK AND THE SYCAMORE GREENWAY TRAIL. Comment · At their September 1, 2005 meeting, the Public Art Advisory Committee approved two Calls to Artists requesting proposals from artists for sculptures to be placed in the Kicker's Soccer Park and the Sycamore Greenway Trail area funded through the Iowa City Public Art program. City Council review and approval is required prior to the distribution of the Calls to Artists. Action: ITEM 7. CONSIDER A RESOLUTION REJECTING BIDS RECEIVED ON SEPTEMBER 8, 2005 FOR THE JC DogPAC DOG PARK PROJECT. Comment: Bids for this project were opened on Thursday, September 8th and the following bid was received: All American Concrete West Liberty, IA $ 204,498.82 Engineer's Estimate $140,000.00 Because only one bid was received and that bid was more than 32% over the Engineer's estimate, Public Works and Engineering recommend rejecting the bid. Action: ITEM 8. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY ~ CLERK TO ATTEST A PRICING AMENDMENT TO THE LISTING AGREEMENT WITH IOWA REALTY COMMERICAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK. Comment: At their September 8, 2005 meeting, the Iowa City Airport Commission approved a pricing amendment to the listing agreement with Iowa Realty Commercial for the Aviation Commerce Park. With pending contract sales on a portion of the Aviation Commerce Park, the property was reviewed for its current market values, notably the remaining lots. New values are being proposed as per the pricing agreement. Action: September 20, 2005 City of Iowa City Page 8 ITEM 9. CONSIDER A RESOLUTION APPROVING SETTLEMENT OF PENDING CLAIM, Comment: Depending on the di..s~uss~e exec'~scheduled on Se tember 0~, ,~,. c~i~,, Co,,,,,-a m~, vea resol"~ion approv~n ment ,ptember~~ ........ . ...... ~--y-ap~ a resolution of ~a-p'~hding claim, contingent upon execution of appropriate releases and dismissalS-. Action: ~) ~~/ ending December 31, 2006. (Carl Williams resigned) (3 Males and 0 Females currently serve). Action: ~, 0 ¢~:~--z~'~--~.~ ~ ~ ~ ITEM 11. 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.] New: a. Adjustment, Board of - One vacancy to fill a five-year term January 1, 2006 - January 1, 2011. (Term expires for Vincent Maurer) (2 Males and 2 Females currently serve). b. Airport Zoninq Commission - One vacancy to fill a six-year term January 1, 2006 - December 31,2011. (Term expires for Mark Anderson) (4 Males and 0 Females currently serve). c. Animal Care and Adoption Center Advisory Board - One vacancy to fill a three- year term January 1, 2006 - December 31, 2008. (Term expires for Tammara Meester) (2 Males and 2 Females currently serve). d. Appeals, Board of - One vacancy for a Licensed Electrician to fill a five-year term January 1, 2006 - December 31, 2010. (Term expires for C. Wayne Maas) (5 males and 1 female currently serve). e. Human Rights Commission - Three vacancies to fill three-year terms January 1, 2006 - January 1, 2009. (Term expires for David Shorr, James McCue, Billie Townsend) (3 Males and 3 Females currently serve). l'-~ ~ 0 F I 0 WA C I T Y ME N TO: Mayor, City Council, General Public FROM: City Clerk RE: Revisions/Addition to September 20, 2005 agenda CONSENT CALENDAR: ITEM NO. 2e (8) (Revised) Proposed Development Code: Cheryl Nelson and amend the total to 202 form letters received. (17) (Addition) Sarah Traeger: Hurricane Katrina Fundraiser ITEM 4a (Revised) CONSIDER AN ORDINANCE AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," BY: REPEALING CHAPTERS 4, 6 AND 9 AND REPLACING THEM WITH THE NEW TITLE 14 ZONING CODE, AMENDING PORTIONS OF CHAPTERS 1 AND 5, RENUMBERING CHAPTERS 1,2, 3, 5, 7, 8, 10 AND 11, AND REPEALING CHAPTER 12 ~', (Revised) CONSIDER A RESOLUTION APPROVING SETTLEMENT OF CLAIM. Comment: This resolution approves a Settlement with Florence Hayslett for 0~;" .~17 injuries sustained on August 14, 2004. September 20, 2005 City of Iowa City Page 9 f. Parks and Recreation Commission - Three vacancies, two (2) to fill four-year terms January 1, 2006 - January 1, 2010 and one (1) to fill an unexpired term ending January 1, 2007. (Term expires for John Westefeld, Ryan O'Leary / Sarah Walz resigned) (4 Males and 2 Females currently serve). Correspondence included in Council packet. g. Public Art Advisory Committee - Two vacancies to fill three-year terms January 1, 2006 - January 1, 2009. (Term expires for Charles Felling, James Hemsley) (3 Males and 2 Females currently serve). h. Senior Center Commission - Two vacancies to fill three-year terms January 1, 2006 - December 31, 2008. (Term expires for Lori Benz, Charity Rowley) (1 Male and 4 Females currently serve) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, OCTOBER 26, 2005. ITEM 12. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 13. CITY COUNCIL INFORMATION..,/_~ , ITEM 14. REPORT ON ITEMS FROM CITY STAFF. a) City Attorney. b) City Clerk. c) City Ma~_~ ITEM 15. ADJOURNMENT.