HomeMy WebLinkAbout2006-02-13 Agenda
Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
ITEM 1.
ITEM 2.
ITEM 3.
ITEM 4.
Iowa City
City Council Agenda
Special Formal
February 13, 2006 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street
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CiTY OF IOWA CiTY
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CALL TO ORDER.
ROLL CALL.
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PROCLAMATION. .ffi--u; z'%t'Y'/'4' I
a) Salute to Hospitalized Veterans Day - February 14, 2006 </Y.ki:
b) Preucil School Faculty and Staff Appreciation Day - February 14, 2006Y<i'~~
c) Sertoma's Freedom Week - February 12-18, 2006 t:d ~t:?;VV ?:w.., t~~
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OUTSTANDING STUDENT CITIZENSHIP AWARD - ROBERT LUCAS ELEMENTARY f3..(
a) Morgan Burden
b) Megan Ringen
c) Alannah Walterhouse
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. January 17. Special Council Work Session
2. January 23. Special Council Work Session
3. January 23. Special Council Formal Official and Complete
4. January 24, Special Council Work Session
5. January 25, Special Council Work Session (2)
6. January 30. Special Council Work Session
7. January 31. Special Council Work Session
February 13, 2006
City ofIowa City
Page 2
b)
Receive and File Minutes
recommendations contained
separate Council action).
of Boards and Commissions (any
in minutes become effective only upon
1. Planning and Zoning Commission: January 5, 2006
2. Human Rights Commission: November 22, 2005
3. Telecommunications Commission: November 28, 2005
4. Housing & Community Development Commission: November 17, 2005
5. Historic Preservation Commission: November 10, 2005
6. Public Library: December 15, 2005
7. Public Art Advisory Committee: January 5, 2006
8. Planning and Zoning Commission: January 19, 2006
9. Board of Appeals: January 9, 2006
c) Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal:
1. Class C Liquor License for Iowa City Westside Cafe, Inc., dba Bob's
Your Uncle Pizza Cafe, 749 Mormon Trek Blvd.
2. Outdoor Service Area for Iowa City Westside Cafe, Inc., dba Bob's Your
Uncle Pizza Cafe, 749 Mormon Trek Blvd.
3. Class C Liquor License for EI Ranchero, Inc., dba EI Ranchero Mexican
Restaurant, 21 Sturgis Corner Dr.
4. Class C Liquor License for Mike & Marty Enterprises, Inc., dba Quinton's
Bar & Deli, 215 E. Washington Streel.
5. Class C Beer Permit for Cigarette Outiet, Inc., dba Cigarette Outlet #18,
1901 Broadway Sl. #3.
6. Class C Liquor License for Brothers of Iowa City, Inc., dba It's Brothers
Bar & Grill, 125 S. Dubuque Sl.
7. Outdoor Service Area for Brothers of Iowa City, Inc., dba It's Brothers
Bar & Grill, 125 S. Dubuque Sl.
8. Special Class C Liquor License for Cottage of Iowa City, Inc., dba
Cottage Bakery & Cafe, 14 S. Linn Sl.
9. Class C Liquor License for Motif, Ltd., dba Bo-James, 118 E.
Washington Sl.
10. Outdoor Service Area for Motif, Ltd., dba Bo-James, 118 E. Washington
Sl.
11. Class C Liquor License for Grimoore, Inc., dba Speakeasy, 171 Hwy 1
W.
12. Outdoor Service Area for Grimoore, Inc., dba Speakeasy, 171 Hwy 1 W.
13. Class C Liquor License for Iowa City Yacht Club, LLC, dba Iowa City
Yacht Club, 13 S. Linn Sl.#10.
14. Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc.
#950, 2530 Westwinds Dr.
15. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee #3,1201 N. Dodge
Sl.
16. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food & Drugstore
#1 and Regal Liquor, 1720 Waterfront Dr.
February 13, 2006
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d) Motions.
City ofIowa City
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Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food Store #2,
812 S. First Ave.
Resolution to issue Dance Permits to Brothers of Iowa City, Inc., dba It's
Brothers Bar & Grill, 125 S. Dubuque St. and Grimoore, Inc., dba
Speakeasy, 171 Hwy 1 W.
Resolution to issue Cigarette Permit to Water B, Inc., dba Studio 13, 13
S. Linn St.
1. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $11,881,401.75 FOR THE PERIOD OF DECEMBER 1
THROUGH DECEMBER 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.
e) Setting a Public Hearing.
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1.
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING TO
DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL
YEAR JULY 1, 2006 THROUGH JUNE 30, 2007, THE PROPOSED
THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR
CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR
2010.
2.
Comment: This resolution sets a public hearing on February 28, 2006 to
discuss the FY2007 Proposed Operating Budget, the three-year
Financial Plan for FY2007 - FY2009 and multi-year Capital
Improvements Program (CIP) through Fiscal Year 2010. Detailed
information on the budget will be available for public inspection on
February 17, 2006.
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
FEBRUARY 28, 2006 ON THE PROPOSED RATE AMENDMENT FOR
ALL PARKING GARAGES, LOTS, PARKING METERS AND
MONTHLY PARKING PERMITS.
Comment: The increased revenue will be used to fund repayment of an
internal loan for garage maintenance projects and to build reserves for
future projects to improve parking in downtown Iowa City. Staff
memorandum included in Council packet.
February 13, 2006
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3.
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
FEBRUARY 28, 2006 ON THE PLANS & SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR THE 2006
PARKING GARAGE MAINTENANCE PROJECT, DIRECTING CITY
CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING
SAID PLANS TO BE PUT ON FILE FOR PUBLIC INSPECTION.
Comment: Plans and Specifications prepared by Desman Associates
for Maintenance on Capitol Street Garage, Dubuque Street Garage,
Tower Place Garage, Chauncey Swan Garage and the Court Street
Transportation Center have been prepared.
f) Resolutions.
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1.
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
SANITARY SEWER, WATER MAIN, AND TRAFFIC CONTROL
SYSTEM PUBLIC IMPROVEMENTS FOR THE LODGE, AND
DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC
ACCESS AND USE.
Comment:
See Engineer's Report.
2.
CONSIDER A RESOLUTION ACCEPTING THI: WORK FOR THE
SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN,
AND PAVING PUBLIC IMPROVEMENTS FOR COUNTRY CLUB
ESTATES SECOND ADDITION, AND DECLARING PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
Comment:
See Engineer's Report.
3.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER LUBIN TRUST,
AND TENANT MOTIF, LTD. D/B/A BO-JAMES, FOR A SIDEWALK
CAFE.
Comment: Lubin Trust, as landowner, and Motif, Ltd., d/b/a as Bo-
James, seek a renewal of a license agreement for temporary use of
public right-of-way at 118 Washington St., Iowa City, Iowa for a sidewalk
cafe. City staff and Design Review have reviewed the plans and
specifications and required submittals and recommend approval of said
agreement.
February 13, 2006
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4.
City of Iowa City
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CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND
HELEN BYINGTON, AND TENANT LITTLE DONKEYS, INC. D/B/A
PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFE.
Comment: William and Helen Byington, as landowner, and Little
Donkeys, Inc., d/b/a as Panchero's Mexican Grill, seek a renewal of a
license agreement for temporary use of public right-of-way at 32 S.
Clinton St., Iowa City, Iowa for a sidewalk cafe. City staff and Design
Review have reviewed the plans and specifications and required
submittals and recommend approval of said agreement.
5.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER EVELYN M.
OAKES, AND TENANT KLDP, INC. D/B/A ONE TWENTY SIX, FOR A
SIDEWALK CAFE.
Comment: Evelyn M. Oakes, as landowner, and KLDP, Inc., d/b/a as
One Twenty Six, seek a renewal of a license agreement for temporary
use of public right-of-way at 126 Washington St., Iowa City, Iowa for a
sidewalk cafe. City staff and Design Review have reviewed the plans
and specifications and required submittals and recommend approval of
said agreement.
6.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN,
AND TENANT STARBUCKS CORPORATION, D/B/A STARBUCKS
COFFEE, FOR A SIDEWALK CAFE.
Comment: Marc Moen, as landowner, and Starbucks Corporation,
d/b/a as Starbucks Coffee, seek a renewal of a license agreement for
temporary use of public right-of-way at 228 S. Clinton St., Iowa City,
Iowa for a sidewalk cafe. City staff and Design Review have reviewed
the plans and specifications and required submittals and recommend
approval of said agreement.
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February 13, 2006
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7.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER LAURENCE
SHORT, ET Al, AND TENANT TROPICAL CHilL, INC., D/B/A
BALDY'S WRAPS, FOR A SIDEWALK CAFE.
Comment: Laurence Short, et ai, as landowner, and Tropical Chill,
Inc., d/b/a as Baldy's Wraps, seek a renewal of a license agreement for
temporary use of public right-of-way at 18 S. Clinton St., Iowa City, Iowa
for a sidewalk cafe. City staff and Design Review have reviewed the
plans and specifications and required submittals and recommend
approval of said agreement.
8.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER 120 BUILDING
CO., AND TENANT VITO'S OF IOWA CITY, INC., D/B/A VITO'S, FOR
A SIDEWALK CAFE.
Comment: 120 Building Co., as landowner, and Vito's of Iowa City,
Inc., d/b/a as Vito's, seek a renewal of a license agreement for
temporary use of public right-of-way at 118 College St., Iowa City, Iowa
for a sidewalk cafe. City staff and Design Review have reviewed the
plans and specifications and required submittals and recommend
approval of said agreement.
9.
CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00
CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HY-
VEE, INC. D/B/A DRUG TOWN, PURSUANT TO IOWA CODE
SECTION 453A.22(2) (2005)
Comment: This Resolution accepts payment of a $300 civil penalty,
authorized by Iowa Code section 453A.22(2), from Hy-Vee, Inc., d/b/a
Drug Town, 310 N. 1st Ave. Section 453A.22(2) provides that a $300.00
civil penalty will be assessed to a retail cigarette permit holder when and
if that permit holder's employee violates Iowa Code section 453A.2( 1) by
selling or providing tobacco to a minor. By making this payment and
signing the appropriate waiver, Drug Town waives its statutory right to
have a hearing on whether the civil penalty should be assessed.
February 13, 2006
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10.
CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00
CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM
AMERICAN DRUG STORES, INC., D/B/A OSCO DRUG, PURSUANT
TO IOWA CODE SECTION 453A.22(2) (2005)
Comment: This Resolution accepts payment of a $300 civil penalty,
authorized by Iowa Code section 453A.22(2), from American Drug
Stores, Inc., d/b/a Osco Drug, 201 S. Clinton St. Section 453A.22(2)
provides that a $300.00 civil penalty will be assessed to a retail cigarette
permit holder when and if that permit holder's employee violates Iowa
Code section 453A.2(1) by selling or providing tobacco to a minor. By
making this payment and signing the appropriate waiver, Osco Drug
waives its statutory right to have a hearing on whether the civil penalty
should be assessed.
11.
CONSIDER A RESOLUTION TO AMEND A MONEY PURCHASE
PLAN TO PERMIT LOANS
Comment: This resolution amends the Police Chief 401a money
purchase retirement plan with the International City/County
Management Association Retirement Corporation (ICMA-RC). With this
amendment, the Chief will be allowed to take a loan out of his ICMA RC
account.
g) Correspondence.
1. JCCOG Traffic Engineering Planner: Installation of NO PARKING ANY
TIME signs on both sides of Taft Speedway
2. Acting JCCOG Traffic Engineering Planner: Install two YIELD signs on
Iowa River Corridor Trail at Taft Speedway
3. Acting JCCOG Traffic Engineering Planner: Install NO MOTOR VEHICLES
sign on Iowa River Corridor Trail west of the dog park parking area
4. Acting JCCOG Traffic Engineering Planner: Remove ROAD CLOSED and
ROAD CLOSED AHEAD signs at west end of Foster Road
5. Supporting letters for Community Events Funding Requests for
FY2007: Marcy Rosenbaum,(Previously distributed at January 30 work
session letters from Keith Ruff; Donald G. Thompson; Greg Dirks; JP
Claussen)
6. ICAAB: Angela Reams, Mary Khowassah, Jim Clayton, Brian Flynn, Leah
Cohen
7. Kathy Leohr: Drinking by high school and college students
8. Mary Ann Miller: Property Tax Increase [staff response included]
9. Steve Radosevich: Public Safety
10. Pamela Patenaude: FY2006 Allocations
11. Karen Kubby: Citizens summary of the budget
12. June Braverman: Market considerations for funding to the Senior Center
13. Cheryl Allen: Mayor's Youth Empowerment Program [Staff response
included]
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February 13, 2006
City ofIowa City
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14. Maria Duarte: Historic District gutter concern
15. Alan Nagel: Chronic wasting disease
16. Bob Higgins: South Linn & Court Streets [Staff response included]
17. Mike Josephson: Tree branch claim
18. Sarah Harvey: University of Arizona school project [staff response
included]
19. Vershawn Ashanti Young: Racism
20. Bonnie Pen no: Neighborhood Watch
21. Jim Walters: Wal-Mart
~, n~2. Jeff.re~ ~ds: Su~port for a Johnson County Human Rights Ordinance
~CONSENT CALENDAR.
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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.
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ITEM 6.
PLANNING AND ZONING MATTERS.
a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR FEBRUARY 28
ON AN ORDINANCE REZONING 9.72-ACRES OF LAND LOCATED WEST OF
FOSTER ROAD FROM INTERIM DEVELOPMENT-RESIDENTIAL (ID-RS) TO
PLANNED DEVELOPMENT HOUSING-LOW DENSITY SINGLE-FAMILY
(OPD-5)
Comment: At its January 19 meeting, by a vote of 6-0, (Plahutnik absent), the
planning and Zoning Commission recommended approval for the rezoning
allowing the modification of the RS-5 requirements to allow multi-family buildings.
Staff recommended approval in a Staff Report dated January 19, 2006. Approval
will allow the development of Elk Run, a 2 (two) 12-unit multi-family building
deveiopment, on the west side of Foster Road, north of White Oak Place.
Action:
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TO: Mayor, City Council, General Public
FROM: City Clerk
RE:
Additions to February 13, 2006 agenda
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CONSENT CALENDAR
Correspondence:
ITEM 4g (23) Eric Nurnberg, International Association of Firefighters, Local 610:
Fire Department Budget Concerns [Distributed at 2/9/06 Budget
Work Session
(24) Lauren Hughes: Speaking Request
(25) Joy Smith and David Rust: Central District Plan
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ITEM 10 (REVISED) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO
HEARING AND PAYMENT OF A $1500 CIVIL PENALTY FROM HARTIG DRUG
COMPANY D/B/A HARTIG DRUG STORE, PURSUANT TO IOWA CODE SECTION
453A.22(2) (2005)
Comment: This Resolution accepts a waiver of right to hearing and payment of a
$1500 civil penalty, as set out in Iowa Code section 453A.22(2), by Hartig Drug
Company d/b/a Hartig Drug Store, 701 Mormon Trek Blvd. Section 453A.22(2)
provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail
cigarette permit holder when and if that permit holder's employee violates Iowa Code
section 453A.2(1) by selling or providing tobacco to a minor. The civil penalty for the
second time the permit holder's employee violates Section 453A.2(1) within a two-
year period is either $1500.00 or a thirty (30) day retail cigarette permit suspension,
at the option of the permittee. This is the second time within a two year period that
an employee of Hartig Drug Store has violated Section 453A.2(1). By signing the
appropriate waiver and paying the $1500 civil penalty, Hartig Drug Store waives its
statutory right to have a hearing on whether the civil penalty should be assessed.
February 13, 2006
City ofIowa City
Page 9
b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR FEBRUARY 28
ON A RESOLUTION TO ANNEX A 0.35-ACRE PROPERTY LOCATED ON
CAMP CARDINAL ROAD (ANN06-00001).
Comment: At its January 19 meeting, by a vote of 6-0, (Plahutnik absent), the
Planning and Zoning Commission recommended approval. Staff recommended
approval in a memo dated January 19, 2006. This property is part of the Camp.
Cardinal Road right-of-way within the Cardinal Ridge sub-division.
Action:
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c) REZONING 1.02 ACRES FROM LOW DENSITY SINGLE-FAMILY
RESIDENTIAL (RS-5) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE
FOR PROPERTY LOCATED AT 3405 ROCHESTER AVENUE. (REZ05-
00024)
Comment: At its January 5 meeting, by a vote of 6-0 (Koppes absent), the
Planning and Zoning Commission recommended approval subject to conditions
regarding compliance with the Comprehensive Plan, control of vehicular access
to Rochester Avenue and infrastructure improvements. Staff recommended
approval with conditions in a Staff Report dated January 5. Approval of this
rezoning will allow this property to be development with commercial uses as
part of the Olde Towne Village development.
1. PUBLIC HEARING
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2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: (1k~//&~~ ~~~~
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February 13, 2006
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City ofIowa City
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CONSIDER AN ORDINANCE 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-S) FOR PROPERTY LOCATED EAST OF
HIGHWAY 218 AND SOUTH OF MELROSE AVENUE. (PASS AND ADOPT)
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.
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CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF
GALWAY HILLS SUBDIVISION PART FOUR, IOWA CITY, IOWA (SUB05-
00030).
Comment: At its November 17 meeting, by a vote of 7-0, the Planning and
Zoning Commission recommended approval. Staff recommended approval in
report dated November 17, 2005.
Action:
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CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF GALWAY
HILLS ~ SUBDIVISION PART FOUR, IOWA CITY, IOWA (SUBOS-D0032).
Comment: At its February 2 meeting, by a vote of 6-0, (Smith absent), the
Planning and Zoning Commission recommended approval, subject to staff
approval of legal papers prior to Council consideration. It is anticipated that the
legal papers will be approved prior to the Council meeting. Staff recommended
approval in report dated February 2, 2006. The approval will allow development
of Galway Hills Part Four, a 24-lot, 10.41 acre residential subdivision located on
Galway Drive.
Action: eil~7;~~/134~#/1
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February 13, 2006
City ofIowa City
Page 11
g) CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF JJR DAVIS
FOURTH ADDITION, IOWA CITY, IOWA. (SUB05-00027) (DEFERRED FROM
1/23)
Comment: At its January 5 meeting, by a vote of 6-0 (Koppes absent), the
Planning and Zoning Commission recommended approval subject to staff
approval of legal papers and construction drawings prior to Council
consideration. It is anticipated the construction drawings and legal papers will
be approved prior to the Council meeting. Staff recommended approval in a
Staff Report dated January 5. Approval will allow the development of JJR
Davis Fourth Addition, a 4-lot, 6.68-acre commercial subdivision located east of
Mormon Trek Boulevard, south of Highway 1. Applicant has requested deferral
to the February 28 Council meeting.
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ITEM 7.
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
LEASE AGREEMENT WITH LEADING EDGE ENTERPRISES, L.L.C. D/B/A NEW
YORK NY DELI FOR THE LEASE OF THE GROUND FLOOR COMMERCIAL
SPACE IN THE IOWA CITY PUBLIC LIBRARY BUILDING.
Comment: The Library Director has negotiated a lease agreement for the ground floor
commercial space in the Iowa City Public Library Building with Leading Edge
Enterprises, L.L.C. d/b/a New York NY Deli for a term of five (5) years with three 3-year
renewable options. This resolution authorizes the Mayor and City Clerk to sign and
attest this lease agreement, which was approved by The Iowa City Library Board of
Trustees at their January 26, 2006 meeting and is approved by staff.
a) PUBLIC HEARING
Action:
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b)
CONSIDER A RESOLUTION
Action:
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February 13, 2006
City of Iowa City
Page 12
ITEM 8.
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ASSESSING A $300.00 CIVIL PENALTY AGAINST DAN'S SHORT STOP CORP.,
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2005)
Comment: This hearing is the time designated for the Council to consider whether to
adopt a Resolution assessing the $300.00 civil penalty authorized by Iowa Code
section 453A.22(2) against Dan's Short Stop Corp., 2221 Rochester Ave. Section
453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a
retail cigarette permit holder when and if that permit holder's employee violates Iowa
Code section 453A.2(1) by selling or providing tobacco to a minor. As a part of the
hearing, the Council will be provided with information establishing an employee of
permit holder Dan's Short Stop Corp. violated Iowa Code section 453A.2(1). The
permit holder's representative will then have the opportunity to provide the Council with
information s/he deems appropriate. The Council will then decide whether to assess
the requested civil penalty and, if it decides to do so, will adopt an appropriate
Resolution. The hearing will not provide the opportunity for public comment.
a) CONDUCT HEARING
Action:
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b)
CONSIDER A RESOLUTION
Action:
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February 13, 2006
City of Iowa City
Page 13
ITEM 9.
ASSESSING A $300.00 CIVIL PENALTY AGAINST KUM & GO LC, PURSUANT TO
IOWA CODE SECTION 453A.22(2) (2005)
Comment: This hearing is the time designated for the Council to consider whether to
adopt a Resolution assessing the $300.00 civil penalty authorized by Iowa Code
section 453A.22(2) against Kum & Go LC, 513 S. Riverside Dr. Section 453A.22(2)
provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail
cigarette permit holder when and if that permit holder's employee violates Iowa Code
section 453A.2(1) by selling or providing tobacco to a minor. As a part of the hearing,
the Council will be provided with information establishing an employee of permit holder
Kum & Go LC violated Iowa Code section 453A.2(1). The permit holder's
representative will then have the opportunity to provide the Council with information
s/he deems appropriate. The Council will then decide whether to assess the requested
civil penalty and, if it decides to do so, will adopt an appropriate Resolution. The
hearing will not provide the opportunity for public comment.
a) CONDUCT HEARING
Action:
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b)
CONSIDER A RESOLUTION
Action:
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February 13, 2006
ITEM 10.
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City of Iowa City
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ASSESSING EITHER A 30 DAY RETAIL CIGARETTE PERMIT SUSPENSION OR
$1500.00 CIVIL PENALTY AGAINST HARTIG DRUG COMPANY D/B/A HARTIG
DRUG 5l0RE, PURSUANT TO 10 CODE SECTION 453A.22(2) (2005)
Comment: 's hearing is the time desig ted for the Council to consider whether to
adopt a Resolu 'on assessing either the 30 ay Retail Cigarette Permit suspension or
the $1500.00 civl enalty authorized by Iowa ode section 453A.22(2) against Hartig
Drug Company d/b Hartig Drug Store, 701 rmon Trek Bivd. Section 453A.22(2)
provides that, after hearing, a $300.00 civil nalty will be assessed to a retail
cigarette permit holder hen and if that permit hol r's employee violates Iowa Code
section 453A.2(1) by selll or providing tobacco to minor. The civil penalty for the
second time the permit hol 's employee violates Sect n 453A.2(1) within a two-year
period is either $1500.00 or a 0 day retail cigarette perm suspension, at the option of
the permittee. This is the seco time within a two year riod that an employee of
Hartig Drug Store has violated Se 'on 453A.2(1). As a part the hearing, the Council
will be provided with information esta Iishing an employee of p mit holder Hartig Drug
Store violated Iowa Code section 453 2(1) and that this is the econd time within a
two year period that an employee has vi ted Section 453A.2(1). The permit holder's
representative will then have the opportu' to provide the Coun . with information
s/he deems appropriate. The Council will the decide whether to asse s the requested
civil penalty and, if it decides to do so, will a opt an appropriate Re olution. Said
Resolution will give the permittee the power to determine which of the two penalties is
assessed. The hearing will not provide the opportunity for public comment.
a)
CONSIDER A RESOLUTION ~ ~. . .
Action: Pw./~1 / r2ruv~.J
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7/e:>
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TO: Mayor, City Council, General Public
FROM: City Clerk
RE: Additions to February 13, 2006 agenda
CONSENT CALENDAR
Correspondence:
ITEM 4g (23) Eric Nurnberg, International Association of Firefighters, Local 610:
Fire Department Budget Concerns [Distributed at 2/9/06 Budget
Work Session
(24) Lauren Hughes: Speaking Request
(25) Joy Smith and David Rust: Central District Plan
******
1",
ITEM 10 (REVISED) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO
HEARING AND PAYMENT OF A $1500 CIVIL PENALTY FROM HARTIG DRUG
COMPANY D/B/A HARTIG DRUG STORE, PURSUANT TO IOWA CODE SECTION
453A22(2) (2005)
Comment: This Resolution accepts a waiver of right to hearing and payment of a
$1500 civil penalty, as set out in Iowa Code section 453A22(2), by Hartig Drug
Company d/b/a Hartig Drug Store, 701 Mormon Trek Blvd, Section 453A,22(2)
provides that, after a hearing, a $300,00 civil penalty will be assessed to a retail
cigarette permit holder when and if that permit holder's employee violates Iowa Code
section 453A2(1) by selling or providing tobacco to a minOL The civil penalty for the
second time the permit holder's employee violates Section 453A2(1) within a two-
year period is either $1500,00 or a thirty (30) day retail cigarette permit suspension,
at the option of the permittee, This is the second time within a two year period that
an employee of Hartig Drug Store has violated Section 453A2(1), By signing the
appropriate waiver and paying the $1500 civil penalty, Hartig Drug Store waives its
statutory right to have a hearing on whether the civil penalty should be assessed,
February 13, 2006
City of Iowa City
Page 15
ITEM 11.
. ob-45
CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND THE ARTIST FOR THE SYCAMORE GREENWAY TRAIL AND
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
THE SAME.
Comment: At its January 5, 2006 meeting, the Public Art Advisory Committee
recommended by a 7-0 vote to select Birds in Flights by Mark LaMair for installation in
the Sycamore Green Trail area. The City Council affirmed this project by approving the
Call to Artists for this project at their September 20, 2005 meeting by adopting
Resolution 05-314.
Action:
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CONSIDER A RESOLUTION REPEALING RESOLUTION NO. 05-216 AND
ADOPTING A NEW PERMIT SYSTEM FOR SOLID WASTE CONTAINERS IN THE
DOWNTOWN ALLEYS INCLUDING PROVISIONS FOR APPLICATION, ISSUANCE,
DURATION, INSPECTION, SUSPENSION, REVOCATION, REMOVAL, FEES, AND
INSURANCE.
ITEM 12.
Comment: Staff recommends two changes to the permitting system for solid waste
containers (a/kla dumpsters) in the downtown alleys. The permitting system, a copy of
which is attached to the resolution, adds a $50 fee per container beginning July 1 and
deletes the requirement that the lid be locked. The current policy does not require a
fee but provides that staff "will evaluate the cost of operating this permit system during
its initial year and may institute fees by resolution beginning July 1, 2006." The lock
requirement has hindered rather than helped to maintain the tidiness of the alleys
because bags of debris are often left on top of a locked dumpster.
Action:
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February 13, 2006
City ofIowa City
Page 16
ITEM 13.
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ITEM 14.
Ob-1g
CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION. WILLOW
CREEK TO OLD HIGHWAY 218 PROJECT. (DEFERRED FROM 1/23)
Comment: Bids for this project were opened on Wednesday, January 11th and the
following bids were received:
Iowa Bridge & Culvert LC Washington, IA
Tschiggfrie Excavating Co. Dubuque, IA
Foley Construction Co. Davenport, IA
$3,535,397.98
$3,927,787.52
$3,972,983.70
Engineer's Estimate $3,832,000.00
Public Works and Engineering recommend award of the project to Iowa Bridge &
Culvert LC of Washington, Iowa. The project will be funded with Road Use tax
proceeds and General Obligation bond proceeds.
Action:
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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 CEDAR RAPIDS AIRPORT COMMISSION ON
BEHALF OF THE EASTERN IOWA AIRPORT TO RENDER EMERGENCY
ASSISTANCE WHEN NEEDED ON A RECIPROCAL BASIS.
Comment: The City of Iowa City Fire Department responds to incidents requiring Class
B fire suppression services and a supply of Aqueous Film Forming Foam (AFFF) not
available to Iowa City, and the Eastern Iowa Airport may when able provide these
valuable suppression services and supplies. Likewise, the Eastern Iowa Airport rnay
have emergencies arise which may exhaust their available rescue equipment and
personnel and need assistance from Iowa City. As a result, both parties have
expressed a desire to negotiate the terms for an agreement to provide needed
emergency assistance services on a reciprocal basis under Chapter 28E of the Code
of Iowa (2005). Staff recommends approval of this agreement.
Action:
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February 13,2006
City of Iowa City
Page 17
ITEM 15.
Db- 4?
ITEM 16.
CONSIDER A RESOLUTION APPROVING THE SETTLEMENT OF IMMINENT
LITIGATION
Comment: Depending on Council's discussion in executive session, this resolution
wili approve a settlement agreement relating to imminent litigation.
Action:
[Jd/H~d~ / A.?;,,a,r
1./////w~"J yg
ANNOUNCEMENT OF VACANCIES. [Staff wili not publish additional notices after a
period of six pubiications; but wili continue to advertise vacancies with postings and on
the Council agenda. However, no additional publication costs will be incurred.]
New:
a. Plannina & Zonina Commission - Two vacancies to fill five-year terms May 1,
2006 - May 1, 2011. (Term expires for Terry Smith, Donald Anciaux) (3 males
and 2 females currently serve).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MARCH 15, 2006.
Previous:
b. Airport Commission - One vacancy to fili a six-year term March 1, 2006 -
March 1,2012. (Term expires for John Staley) (4 males and 0 females currently
serve ).
c. Airport Zonina Brd of Adiustment - One vacancy to fili an unexpired term
ending December 31, 2006. (Carl Wiliiams resigned) (3 Males and 0 Femaies
currently serve).
d. Airport Zonina Commission - One vacancy to fili a six-year term January 1,
2006 - December 31, 2011. (Term expires for Mark Anderson) (4 Maies and 0
Females currentiy serve).
e. Civil Service Commission - One vacancy to fili a four-year term April 3, 2006 -
April 5, 2010. (Term expires for Lyra Dickerson) (1 male and 1 female currentiy
serve).
f. Historic Preservation Commission - Four vacancies (1) At-Large, (1)
Woodlawn, (1) East Coliege St, (1) Coliege Green, to fili three-year terms
March 29, 2006 - March 29, 2009. (Term expires for Justin Pardekooper, Jan
Weissmilier, James Enloe, Mark McCalium) (6 males and 0 females currently
serve).
-.---_._-_.~_.__._-_._---~~"_..~---_.- ,.
February 13, 2006
City of Iowa City
Page 18
g. Telecommunications Commission - Two vacancies to fill three-year terms
March 13, 2006 - March 13, 2009. (Term expires for Bebe Ballantyne, Saul
Mekies) (3 males and 0 females currently serve).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, FEBRUARY 22,2006.
ITEM 17.
COUNCIL APPOINTMENTS.
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Airport Commission - One appointment to fill an unexpired term ending March
1, 2010. (Carl Williams resigned) (4 Males and 0 Females currently serve).
Action:
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b) Youth Advisory Commission-
Four Appointments - Two Year Terms
January 1, 2006 - December 31, 2007
Two (2) persons - Age 15 to 17 on the date. of filing
. Two (2) persons - Age 18 to 21 on the date of filing
15 to 17 -Ll1l.dt<'1 /~A' n..CA-t J
15 to 17 ~ 1f"1(-u:fu:<.2~ J"C-
18 to 21 77 f!bJ.,c-nJ ~/? ,~J
18t021_tu~nr~ .J,/;;..tt'fetA
Three Appointments - One Year Term
January 1, 2006 - December 31, 2006
Two (2) persons - Age 15 to 17 on the date of filing
One (1) person - Age 18 to 21 on the date of filing
15 to 17 ~-i6--R.<v .dr <' /0 d 71A-d /l4 " A..,J
15 to 17 Ff'1:PJ AdI,.t.,pCc--e~--;,"tL.
18 to 21_n~t.q' <"'<" f' 11e PA..c-->t)
ITEM 18.
COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
February 13, 2006
City ofIowa City
Page 19
ITEM 19.
ITEM 20.
ITEM 21.
CITY COUNCIL INFORMATION;.V// ~
REPORT ON ITEMS FROM CITY STAFF.
a) City Manager. -0/
b) City Attorney. /0 -
c) City Clerk. ./ tJ /
ADJOURNMENT.
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