HomeMy WebLinkAbout2009-12-14 AgendaSi,hiert to chance as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
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City Council Agenda -^~--
CITY OF IOWA CITY
Special Formal
December 14, 2009 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street www.icgov.org
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ITEM 1. CALL TO ORDER. ~o`s~ ~{a~-r /l2ar<c~z. ~S~//~`zq~r
ROLL CALL. ~~9 ,r: I~,~ f~®~~~ a
ITEM 2. OUTSTANDING STUDENT CITIZENS'/ IP AWARDS -Horace Mann Elementary
a) Isabel Cody
b) Laura Cornell
c) Alex Murra
ITEM 3. SPECIAL PRESENTATION.
MidAmerican Security Lighting Program - otion Detector Adaptor Funds
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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. November 12, Special Council Work Session(p.m)
2. November 30, Special Council Formal Official and Complete
3. November 30, Special Council Work Session
4. December 1, Special Council Formal Official and Complete
5. December 7, 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. Parks and Recreation Commission: October 14, 2009
2. Civil Service Commission: November 13, 2009
3. Senior Center Commission: October 15, 2009
4. Special Meeting of the Senior Center Commission: October 27, 2009
5. Special Meeting of the Senior Center Commission: November 5, 2009
6. Youth Advisory Commission: November 1, 2009
c) Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal:
1. Class C Liquor License for Iowa City Yacht Club, LLC, dba Iowa City
Yacht Club, 13 S. Linn St #10.
December 14, 2009 City of Iowa City Page 2
2. Class B Beer Permit for P & S Restaurant Group, Inc., dba Pizza
Ranch, 1610 Sycamore St.
3. Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba
Carlos O'Kelly's Mexican Cafe, 1411 S. Waterfront Dr.
4. Class C Liquor License for Mekong Enterprises, Inc., dba Mekong
Restaurant, 5 Sturgis Corner Dr.
d) Resolutions.
09- 3~g 1. 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 TO EXTEND
THE TERM.
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, 2009. The proposed amendment extends the term to December 31,
2010. The Airport Commission will consider the proposed amendment at
its meeting on December 17.
uq~ 31q 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 1220
VILLAGE ROAD #8, IOWA CITY, IOWA.
Comment: The owner of the property located at 1220 Village Road #8
received assistance through the City of Iowa Housing Rehabilitation
program. The loan has been paid off; thus the lien needs to be released.
g ,. ~~ g~ 3. CONSIDER A RESOLUTION AUTHORIZING STAFF TO ENTER INTO
A GRANT AGREEMENT WITH IOWA DEPARTMENT OF NATURAL
RESOURCES FOR THE IOWA LOW-HEAD DAM SAFETY COST-
SHARE PROGRAM
Comment: In October 2009, the City of Iowa City was awarded $24,000
by the Low-Head Dam Safety Cost-Share Program of the Iowa
Department of Natural Resources to construct a portage trail around the
Iowa River Power Dam at Peninsula Park. This resolution authorizing
staff to enter into a grant agreement is required by Iowa DNR before the
grant funds are released.
e) Correspondence.
1. JCCOG Traffic Engineering Planner: Installation of NO PARKING
ANYTIME EXCEPT SATURDAY EVENING AND SUNDAY MORNING
signs on the north side of Lower West Branch Road SE, the north side
of St. Patrick Drive, the west side of Brentwood Drive, the south side of
York Place, and the east side of Broadmoor Lane.
2. Edward Miner: Parks Commission meeting on disability rights at IC
swimming pools
3. Summer of the Arts: Leah Cohen, Mark Ginsberg
December 14, 2009 City of Iowa City Page 3
4. Charlotte Walker: Senior Center Commission appointment -county
representative
5. John Darnauer: Mayor selection broadcast
6. Donald Thompson: Daily Iowan-Article and Editorial about Alcohol
7. Northside Historic District: John Logan, Pat Fisher, John Kammermeyer
(staff response included]
8. Dennis Kowalski: Taxes
END OF 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. ~~~~
ITEM 6. PLANNING AND ZONING MATTERS. (Item "a-d" will proceed as outlined in the
City Attorney's memo of 2/28/07 entitled 'Rezonings, Due Process and Ex pane
communications.")
a) AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY
SINGLE FAMILY RESIDENTIAL (OPD-8) ZONE FOR LOT 1, OLDE TOWNE
VILLAGE, LOCATED ON WESTBURY DRIVE, SOUTH OF MIDDLEBURY
ROAD, IN IOWA CITY, IOWA (REZ09-00010)
Comment: At its November 19 meeting, by a vote of 5-1 (Koppes no, Eastham
recused), the Planning and Zoning Commission recommended approval of this
rezoning. Staff recommended approval in a report dated November 5.
Approval will allow the construction of five additional townhouse style units on
Lot 1 of the Olde Towne Village subdivision. Correspondence included in
Council packet. A protest petition, which represents more than 20% of the
condominiums located on Lot 1, has been submitted. Therefore a 3/4 vote (6 of 7
members) of the Council is required to approve this rezoning.
1. PUBLIC HEARING
Action: _______ ~-e
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
December 14, 2009
City of Iowa City Page 4
b) APPROVING A CONDITIONAL ZONING AGREEMENT FOR AUDITOR'S
PARCEL 2008103, APPROXIMATELY 25.16 ACRES OF PROPERTY IN THE
COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA,
INCLUDING WAL-MART AT 855, 911 & 1001 HIGHWAY 1 WEST. (REZ09-
00008)
Comment: At its November 2 meeting, by a vote of 6-1 (Plahutnik voting no),
the Planning and Zoning Commission recommended approval of amendment to
the conditional zoning agreement as proposed in the staff report, provided that
the bus stop remains in the same location as shown on the existing concept site
plan and the public access easement is extended along the drive in front of the
proposed new store. Staff recommended approval of the amended agreement
with these same conditions in a report dated November 2. Approval will allow
Walmart to build a smaller store than originally planned and reserve space on
the property to create two additional commercial building lots. The preliminary
plat has been revised to include the access easement recommended by staff
and the Planning and Zoning Commission.
1. PUBLIC HEARING (CONTINUED FROM 12/1)
Action
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (DEFERRED
FROM 12/1)
Action: ~ "`~~~ ~ ~~
c) CONSIDER AN ORDINANCE CONDITIONALLY REZONING
aq~ .93~C~ _ APPROXIMATELY 7.91 ACRES OF PROPERTY LOCATED ON
HUNTINGTON DRIVE WEST OF TAFT AVENUE, FROM INTERIM
DEVELOPMENT SINGLE-FAMILY TO MEDIUM DENSITY SINGLE-FAMILY.
(REZ09-00007) (PASS AND ADOPT)
Comment: At its October 15 meeting, by a vote of 6-0 (Busard absent), the
Planning and Zoning Commission recommended approval of this conditional
rezoning. Staff recommended approval of the rezoning in a report dated
October 9. Approval will allow this property to be developed with small lot
single-family houses subject to conditions related to buffering double-fronting
lots from traffic along Taft Avenue and dedication of right-of-way and collection
of construction costs related to the future upgrade of Taft Avenue. ~~ ~aK~~
Action:
December 14, 2009
City of Iowa City
Page 5
d) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY AND FINAL
~ , 3 gi PLAT OF HUNTER'S HIDEAWAY, FIRST ADDITION, IOWA CITY, IOWA.
(SUB09-00009)
Comment: At its November 19 meeting, by a vote of 6-0 (Plahutnik recused),
the Planning and Zoning Commission recommended approval subject to staff
approval of legal papers. The legal papers have been approved. Staff
recommended approval in a report dated November 19. Approval will allow the
subdivision of Hunter's Hideaway, a 1-lot (with an outlot for private open
space), 3.92-acre residential subdivision located between Washington and
Jefferson Streets at 1136 Washington Street. This subdivision will allow the
transfer of part of the property and the creation of an outlot for private open
space. No development activity is being approved.
Action: ,~~x~
ITEM 7. ADOPTING IOWA CITY'S 2011-2015 CONSOLIDATED PLAN, KNOIWN AS CITY
STEPS, AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN, TECHNICAL
CORRECTIONS AND ALL NECESSARY CERTIFICATIONS TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING
THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR
THE CONSOLIDATED PLAN (a.k.a. CITY STEPS).
Comment: The U.S. Department of Housing and Urban Development requires Iowa
City to adopt a new Consolidated Plan at least once every five years. At their
December 3, 2009 meeting, the Housing and Community Development Commission
recommended approval of the 2011-2015 Consolidated Plan with revisions (see staff
memorandum in packet). The City Council will hold a public hearing on the proposed
2011-2015 Consolidated Plan. Public comments that were received during the 30-day
public comment period and at the public hearing will be incorporated into the final
document. Council received the draft 2011-2015 Consolidated Plan in their December
3 packet.
a) PUBLIC HEARING
Action: ~~~
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~, 3Sa. b) CONSIDER RESOLUTION
Action:
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December 14, 2009 City of Iowa City Page 6
ITEM 8. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER
SOLARIUM REPLACEMENT 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: The project will involve the removal of the existing solarium on south
side of Mercer Park Aquatic Center and the construction of a new replacement
solarium. The estimated construction cost is $251,700 and will be funded with General
Obligation bond proceeds.
a) PUBLIC HEARING
Action: ~-~
oq- 3Y~3 b) CONSIDER A RESOLUTION
Action:
ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES
AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6,
ENTITLED "SPEED RESTRICTIONS," SUB-SECTION B, ENTITLED
"EXCEPTIONS." (FIRST CONSIDERATION)
Comment: This action is being taken to maintain safe vehicle travel speeds on Old
Highway 218 and South Riverside Drive due to increased traffic and collisions in the
corridor since opening the McCollister Boulevard bridge over the Iowa River.
Action: l~~r~~d~?~` ~ N/~~lC ~~' C/~ /~~,~
December 14, 2009
City of Iowa City
Page 7
ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 7, "FIRE CODE", BY CREATING
CHAPTER 5, "HAZARDOUS MATERIALS AND TRANSPORTATION-RELATED
INCIDENTS", TO ALLOW FOR RECOVERY OF COSTS ASSOCIATED WITH
RESPONSE TO HAZARDOUS MATERIALS AND TRANSPORTATION-RELATED
INCIDENTS, AND ALLOW SUCH FEES FOR RECOVERY TO BE SET BY
RESOLUTION. (FIRST CONSIDERATION)
Comment: This ordinance will allow for cost recovery for Fire Department responses to
hazardous materials incidents and transportation-related incidents, both of which can be
costly both in terms of equipment used, labor expended, and damage to equipment. The
ordinance will allow for fees to be set by resolution, just as False Fire Alarms (chapter 3)
and Confined Space Rescues (chapter 4) are now. Following adoption of the ordinance
a resolution will be offered to rescind Resolution No. 08-61 and establish new general
guidelines to assess the fees for Fire Department Services based on the recovery of
actual costs. The circumstances for cost recovery and the guidelines for assessing the
costs to be recovered, i.e. labor costs, materials, and damaged equipment replacement,
repair and/or cleaning, will be based on actual costs at the time of recovery. Equipment
costs will be assessed per the Federal Emergency Management Agency (FEMA)
Schedule of Equipment Costs at the time of recovery. Staff memorandum included in
Council packet.
Action: Gf~l ~~'1L6~1? L ~ ~~ ~-~~ G~ i/
ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS,
~~- 43 7 ~ CHAPTER 6, PERSONS UNDER EIGHTEEN YEARS OF AGE, TO ADD A NEW
SECTION 2, JUVENILE CURFEW TO ADD A NEW JUVENILE CURFEW
ORDINANCE. (DEFERRED FROM 9/29) (PASS AND ADOPT).
Comment: At the December 1 formal meeting the ordinance was amended to include
an annual review, and given second reading. The updated ordinance is included in the
agenda packet for final consideration at this time. Staff memorandum included in
Council packet.
Action:
ITEM 12. o~ CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER AND MAYOR
TO ACQUIRE AND REHABILITATE HOMES FOR THE UNIVERCITY
NEIGHBORHOOD PARTNERSHIP PROGRAM.
u9- 3g4
Comment: The State has awarded the City $1 million to assist in the acquisition and
rehabilitation of 20 single-family homes in neighborhoods surrounding the University of
Iowa for affordable housing. This is a joint effort between the University of Iowa and
the City to encourage home ownership and reinvestment in these neighborhoods. This
resolution authorizes the city manager and the mayor to sign the documents necessary
to acquire and rehabilitate the homes. After the rehabilitation is complete, each
proposed sale will be approved by City Council. There is a staff memo in the packet
containing more details on the program.
Action:
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TO: Mayor, City Council, General Public
FROM: City Clerk
RE: Additions December 14 Agenda
12b CONSIDER A MOTION GRANTING A 45-DAY EXTENSION TO THE POLICE
~~,, CITIZENS REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT
~,~il' WITH THE CITY COUNCIL ON COMPLAINT #09-04.
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~f~~ ~'v ~ Comment: Ordinance 97-3792 establishes the Police Citizens Review Board and
~~ sets forth mechanisms for complaints. The Ordinance also provides the City
/ ~~ ~-~ Council to grant extensions of the 45-day reporting. requirement for good cause.
I~ ~ At their meeting of December 11, 2009, the Board requested a 45-day extension.
Correspondence included in the Council packet.
12c CONSIDER A MOTION GRANTING A 60-DAY EXTENSION TO THE POLICE
CITIZENS REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT
WITH THE CITY COUNCIL ON COMPLAINT #09-05.
/~ ~ ~ Comment: Ordinance 97-3792 establishes the Police Citizens Review Board and
I t~ ~ sets forth mechanisms for complaints. The Ordinance also provides the City
~~,~~ c~~~Q Council to grant extensions of the 45-day reporting requirement for good cause.
I~ At their meeting of December 11, the Board requested a 60-day extension.
if Correspondence included in the Council packet.
December 14, 2009 City of Iowa City Page 8
ITEM 13. APPOINTMENTS.
a) Human Services/Aid to Agencies
Yearly, Council has appointed two members to review funding applications from
local health and human services agencies and make funding recommendations
(FY11) to Council. Last year Council Members O'Donnell and Wright served in
this capacity. Council has requested recommendations in January so
appointments should be made at this time.
Action: ' i `T ' 'r"
~~~5
ITEM 14. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City and b~
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) (1 male and 1 female currently serve).
b) Airport Zoning Brd of Adjustment -One vacancy to fill afive-year term January
1, 2009 -December 31, 2013. (Term expires for Dennis Keitel) (1 male and 1
female currently serve).
c) Airport Zoning Commission -One vacancy to fill asix-year term January 1,
2006 -December 31, 2011. (Term expires for Mark Anderson) (1 male and 1
female currently serve).
d) Airport Zoning Commission -One vacancy to fill asix-year term January 1,
2010 -December 31, 2015. (Term expires for Brian Sponcil) (1 male and 1
female currently serve).
e) Appeals, Board of -One vacancy to fill afive-year term January 1, 2009 -
December 31, 2013, for a Mechanical Professional. (Term expires for Tim Fehr)
(3 males and 1 female currently serve).
f) Youth Advisory Commission -One vacancy to fill atwo-year term
One (1) person -Tate High
January 1, 2009 -December 31, 2010.
(1 male and 1 female currently serve)
g) Youth Advisory Commission -One vacancy to fill atwo-year term
One (1) person -Regina High
January 1, 2010 -December 31, 2011
(Term expires for Hannah Green)
(1 male and 2 female currently serve)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JANUARY 20, 2010.
llecember 14, 2009 City of Iowa City Page 9
ITEM 15. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 16. CITY COUNCIL INFORMATION.
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ITEM 17. REPORT ON ITEMS FROM CITY STA~F/F.
a) City Manager. .~~, ~'X~ ~'
b) City Attorney.
c) City Clerk.
ITEM 18. ADJOURNMENT
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