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HomeMy WebLinkAbout2006-01-10 Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. CALL TO ORDER. ROLL CALL. Iowa City City Council Agenda Special Formal January 10, 2006 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street ~ ~ I ~ I ~~~~IIt~ -..::..~ ....,~ --- CITY OF IOWA CITY ITEM 1. www.icgov.org ~. ~ .} ~ tL~ ITEM 2. PROCLAMATION. a) Women's Right to Choose Day - January 22, 2006 ITEM 3. RICHARD W. "DICK" LEE AWARD Officer Robert Hartman Officer Daniel Roth 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 12, Special Council Formal Official and Complete 2. December 13, Special Council Formal Official and Complete 3. December 15, 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. Public Library: November 17, 2005 2. Police Citizens Review Board: October 11, 2005 3. Senior Center Commission: November 22, 2005 4. Airport Commission: November 10, 2005 5. Parks and Recreation Commission: November 9, 2005 6. Board of Adjustment: October 12, 2005 7. Planning and Zoning Commission: December 1, 2005 8. Civil Service Commission: December 14, 2005 .___,____"~_______~"_.._____.~_.~_.____..~_..____M.".__._~___.._~_._.__._._..__~_____. January 10, 2006 City of Iowa City Page 2 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class C Liquor License for Shirazaphone, Inc., dba Mclnnerney's Pub and Grill, 161 Hwy 1 W. 2. Outdoor Service Area for Shirazaphone, Inc., dba Mclnnerney's Pub and Grill, 161 Hwy 1 W. 3. Class C Beer Permit for Johncy's Convenience Store, Inc., dba Johncy's Convenience Store, 731 S Riverside Dr. Renewal: 4. 5. 6. 7. 8. 9. 10. 01,-1 11. d) Motions. 1. Class C Liquor License for Summit Restaurant & Bar, Inc., dba Summit, 10 S Clinton sf Class C Liquor License for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave. Outdoor Service Area for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave. Class C Liquor License for Water-B, Inc., dba Studio 13, 13 S Linn SI. Class C Liquor License for Iowa City Group, LLC, dba Piano Lounge, 217 Iowa Ave. Class C Liquor License for Chin Restaurant, Inc., dba Aoeshe Restaurant, 624 S. Gilbert SI. Class C Beer Permit for Nordstrom Oil Company dba North Dodge HandiMart, 2545 N Dodge SI. Resolution to issue Dance Permit to Summit Restaurant & Bar, Inc., dba Summit, 10 S Clinton St CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $7,440,015.21 FOR THE PERIOD OF OCTOBER 1 THROUGH OCTOBER 31, 2005, 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. January 10, 2006 City of Iowa City Page 3 e) Setting a Public Hearing. 0(,- 0 1. CONSIDER A RESOLUTION OF INTENT TO AMEND A REAL ESTATE CONTRACT-INSTALLMENTS BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND PARKING, AND SETTING A PUBLIC HEARING FOR JANUARY 23, 2006. Comment: As amended in January 2005, the contract currently provides for payment of the $250,000 balance of the purchase price in installments of $125,000 on or before December 31, 2005, and $125,000 on or before December 1, 2006. UAY has requested that the contract be amended to provide for payment of the balance of the purchase price in installments of $25,000 by March 1, 2006, $75,000 at the end of 2006 and $150,000 at the end of 2007. A copy of the written request is included in the Council packet. This resolution declares City Council's intent to amend the contract in accordance with the request, and sets public hearing for January 23, 2006. f) Resolutions. ob-~ 1. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2005 ASPHALT RESURFACING 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. Staff memorandum included in Council packet. 01:,- 4 2. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SOUTH GRAND AVE AND MELROSE AVE pce PAVEMENT REPLACEMENT PROJECT (STP-U-3715(627)-70..52). 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. g) Correspondence. 1. JCCOG Traffic Engineering Planner: Installation of NO PARKING ANY TIME signs with ARROWS in front of 1421 Ridge Street. 2. Snow Removal on City Streets and Sidewalks: Phoebe Ball, Terry Dunlap, Alex Sagers, 3. Snow on City Bike Racks: Cody Gieselman, Steve Goetzelman, Mark Wyatt 4. House Parties: James Clayton, Jill Gaulding 5. Smoking Ban: Jaclyn Kaeding 6. Zoning: Nila Haug, Joe Murphy January 10, 2006 City ofIowa City Page 4 7. Dennis Saeugling: Renewable Energy 8. Rod Sullivan: City Conference Board 9. Don Sanders(X2): Jake Brakes [Staff response included] 10. Christopher Traynor: Housing Inspection concern 11. Charlotte Walker: Senior Center Agenda [Staff response included] 12. Tom Smull: Cultural Advocacy Day Update 13. Rev. Courtney Ball: Mayor Invitation 14. Garry Klein: Athlete housing protest targets NCAA 15. Garry Klein(x2): Homelessness funding/grants 16. Peter Jochimsen(X2): Hunting 17. Todd Hodgkinson: Subsidizing local shops 18. Garry Klein: Congratulations to Mayor and Council Members ITEM 5. E"'D OF CONSENT CALENDAR. n '~ 'D/ ~ !-r1';1. b~ AI'-r ~D'i' COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] ~ Community Comment will be continued, if necessary, prior to "City Council Information" item. k(;u ~/ ITEM 6. PLANNING AND ZONING MATTERS. a) REZONING APPROXIMATELY 10.41 ACRES FROM LOW DENSITY SINGLE- FAMILY RESIDENTIAL ZONE (RS-5) TO SENSITIVE AREAS OVERLAY/LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (OSAlRS-5) FOR PROPERTY LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE. Comments: At its November 17 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated November 17, 2005. This approval will allow development of Galway Hills, Part Four, a 1 0.41-acre, 24-lot residential subdivision. Approval of the Sensitive Areas Overlay zone will allow a waiver of subdivision regulations to allow a longer cul-de-sac than normally permitted. 1. PUBLIC HEARING Action' f\p ~pj ~ 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: 2;'~1 / (/d~A:7'4J,~ ~(j3 f' ~~ January 10, 2006 City of Iowa City Page 5 ob- S b) CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF VILLAGE GREEN PART XXIII, IOWA CITY, IOWA (SUB05-00024) Comment: At its October 6 meeting, by a vote of 7-0, the Planning & Zoning Commission recommended approval, subject to approval of legal papers and construction plans prior to Council consideration. Legal papers and construction drawings have been approved. Staff recommended approval in a report dated October 6, 2005. Approval will allow development of Village Green, Part XXIII, a 38 lot, 19.32-acre residential subdivision on Wintergreen Drive. This item was deferred from November 1. Action: ~/~ (~LU/ ~ oE;.-b c) CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF VILLAGE GREEN PART XXIV, IOWA CITY IOWA (SUB05-00025) Comment: At its October 6 meeting, by a vote of 7-0, the Planning & Zoning Commission recommended approval, subject to approval of legal papers and construction plans prior to Council consideration. Legal papers and construction drawings have been approved. Staff recommended approval in a report dated October 6, 2005. Approval will allow development of Village Green, Part XXIV, a 38 lot, 6.36-acre residential subdivision on Sterling Drive. This item was deferred from November 1. Action: Ua/Jf~~11 ~. f'/tb~ ? ob - 7 d) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF LACY'S RUN ADDITION, IOWA CITY, IOWA. (SUB05-00020) Comment: At its December 15 meeting, by a vote of 5-0 (Freerks and Smith absent) the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated December 15. Approval will allow the development of Lacy's Run Addition, a 2-lot, approximately 17.94-acre residential subdivision located on Conklin Lane. Action: I/~'/ ,eJ.-,/'~r ((f) :,(r! YIJ January 10, 2006 City ofIowa City Page 6 ob-<( , e) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF KENNEDY'S WATERFRONT ADDITION, PART FOUR, IOWA CITY, IOWA. (SUB05-00031 ) Comment: At its December 15 meeting, by a vote of 5-0 (Freerks and Smith absent) the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated December 15. Approval will allow the development of Kennedy's Waterfront Addition, Part Four, a 4.91-acre, 5-lot commercial subdivision located on Southgate Avenue. Action: ~ ! (I;U<?;~) ~/k~~ % ITEM 7. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE C ,TITLED "USE OF PUBLIC WAYS AND PROPERTY" TER 3, ENTITLED ~ "COMMERCIAL USE OF SIDEWALKS," T FENCES TO THREE (3) FEET IN HEIGHT, TO ALLOW SIDEWAL S ONLY IN ZONE 1 IN CITY PLAZA, TO CLARIFY THE DEFINITI F AMENITY, AND TO REQUIRE ANCHORED FENCING EXCEPT WINTER MONTHS, AND CHAPTER 5, ENTITLED "CITY PLAZA," S 7, ENTITLED "USE OF CITY PLAZA," PARAGRAPH A TO CLAR HAT SIDEWALK CAFES ARE A PERMITTED COMMERCIAL USE IN PLAZA. (SECOND CONSIDERATION) (DEFERRED FROM 12/13) Comment: Staff is proposing a series of amendments to the sidewalk cafe ordinance, which are summarized in a memo from the City Manager in the packet. Except for the amendment that would limit the cafes to Zone 1 in City Plaza, the amendments primarily clarify the current ordinance and codify present policy. Staff recommends expedited action. Staff memorandum included in Council packet. Action: ~f/ ~ ITEM 8. CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 97-21 AND ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES. (DEFERRED FROM 12/13) Comment: Also on the agenda is an ordinance amending the sidewalk cafe ordinance, in part, to provide that initial easement agreements may be for a term of less than one year. The current fee schedule for sidewalk cafes does not allow for the prorating of fees. The proposed schedule requires that fees be pro-rated on a quarterly basis if the agreement is for less than one year, but it does not change the amount of the fees. This resolution should only be considered if the ordinance passes. Action: ~I/&;~ dp'-t/~ /~#(a-. January 10,2006 City of Iowa City Page 7 ITEM 9. 00- '1 CONSIDER A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FUNDS AND LOCAL MATCHING FUNDS TO ASSIST PROCTER AND GAMBLE HAIR CARE LLC. Comment: The City of Iowa City desires to apply for and sponsor an application for $200,000 in CEBA funding from the Iowa Department of Economic Development in order to assist the Procter and Gamble facility in Iowa City with an expansion that will create and retain 80 high quality jobs with benefits. As match for the CEBA, local economic development funds in the amount of $70,000 will also be included within the proposed project financing. Application and Staff memorandum included in Council packet. Action: ~ ITEM 10. 0" - 10 c~6tif 'RESOL TION OF THE CITY COUNCIL OF THE CITY OF IOW~ APPROVING THE APPLICATION OF PROCTER AND GAMBLE HAIR CARE LLC FOR THE PURPOSE OF RECEIVING BENEFITS UNDER THE STATE OF IOWA'S HIGH QUALITY JOB CREATION PROGRAM. Comment: The City of Iowa City is concurrently considering local funding and the sponsorship of CEBA funding from the Iowa Department of Economic Development in order to assist the Procter and Gamble facility in Iowa City with an expansion. The expansion will also create and retain 80 high quality jobs with benefits which will qualify the business for State of Iowa benefits under the High Quality Job Creation program. A resolution of support is required by the State of Iowa to access the High Quality Job Creation program. Action: ITEM 11. oE:.~ " CONSIDER A RESOLUTI N ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS Comment: The Parks and Recreation Commission and staff review fees and charges annually, and increases are considered in order to help support the Recreation Division's budget. A three-year plan has been established, with FY07 fee changes being recommended for adoption at this time, and FY08 and 09 fee changes tentatively identified. Some of the FY07 changes will actually be implemented in FY06 because the summer season begins in FY06 but continues into FY07. The Parks and Recreation Commission reviewed and adopted the proposed changes at their meeting of November 9, 2005. Correspondence included in Council packet. Action: C~A/~~:;:~A Y/b~ ~ / January 10, 2006 City of Iowa City Page 8 ITEM 12. ob - IJ... CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH REGAL CONSTRUCTION SERVICES INC FOR THE CONSTRUCTION OF A DUPLEX HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM. Comment: This project was originally bid in October, 2005 and the City received one bid. Council determined that the $288,000.00 bid was too high and rebid the project in December, 2005. The City has received two bids. Todd Hackett Construction Regal Construction Services Inc $273,000.00 $267,280.00 Staff recommends awarding the bid to Regal Construction Services, Inc., an Iowa City construction company. Action: (,~~d2~~ o~ ?/~ I' ITEM 13. ob- 13 CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY REGARDING CERTAIN OBLIGATIONS INVOLVING THE SOUTH GILBERT STREET I SAND ROAD IMPROVEMENTS - NAPOLEON LANE TO SYCAMORE STREET PROJECT. The City is considering the award of a contract for construction of roadway and associated utility improvements to South Gilbert Street lying between Napoleon Lane and the city limits, and Sand Road, south from city limits to Sycamore Street, which improvements benefit both the city and Johnson County. The city wishes that the improvement to Sand Road south of City limits, which is within the City's growth area, be made to comply with urban standards. City and County Staff have negotiated a 28E Agreement setting forth certain obligations with respect to the improvements to be made and responsibility for the costs of said improvements, all as set forth in a 28E Agreement in your Council packet. This resolution approves of the 28E Agreement and authorizes the Mayor and City Clerk to execute it. Action: l/4/U~~~~~~T Ih~fih~;f" % January 10,2006 City of Iowa City Page 9 ITEM 14. 0,," - t4- CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK. Comment: The listing agreement to sell and lease the property known as the Aviation Commerce Park subdivision executed by the Airport Commission, the City Council, and Iowa Realty Commercial will expire on January 22, 2006. The parties amended the listing agreement in June 2004, in January 2005, and in July 2005 by extending it for six months each time. This wouid extend the listing agreement for one year. The Iowa City Airport Commission will consider this extension at its meeting on January 12. The extension only modifies the term of the agreement; no other changes to the listing agreement are made. Action: tJ~/~ tV~ /A ITEM 15. 010 - 15 CONSIDER A RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1,2006 THROUGH JUNE 30, 2009. Comment: This is a 3-year agreement which includes wage increases of 3.1 % in the first year, 3.25% in the second year, and 3.3% in the third year. It also provides for a $5 per month increase in each of the three years in the amount each officer contributes toward family health insurance premiums. Council approved the tentative agreement on November 29, 2005. Action: t!d~;~~/~(f/ A-,';P''''"l- ~ ITEM 16. 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) Airport Commission - One vacancy to fill an unexpired term ending March 1, 2010. (Carl Williams resigned) (4 Males and 0 Females currently serve). b) Airport Zonina Brd of Adiustment - One vacancy to fill an unexpired term ending December 31, 2006. (Carl Williams resigned) (3 Males and 0 Females currently serve). c) Airport Zonina 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). January 10, 2006 City of Iowa City Page 10 d) Animal Care and Adoption Center Advisorv 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). e) Housinq and Community Development Commission - One vacancy to fill an unexpired term ending September 1, 2006. (Rita Marcus resigned) (6 Males and 2 Females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JANUARY 18, 2006. ITEM 17. ITEM 18. ITEM 19. ITEM 20. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). CITY COUNCIL INFORMATION:.! Ph -Y.t7A/ REPORT ON ITEMS FROM CITY STAFF. a) City Manager.- 0.- b) City Attorney. ~ v ~ c) City Clerk. - 0 ~ ADJOURNMENT. {/~/~ 735