HomeMy WebLinkAbout2010-08-31 AgendaSubject to change 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 -t-~--
CITY Of IOWA CITY
Special Formal
August 31, 2010 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street www.icgov.org
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ITEM 1
ITEM 2
CALL TO ORDER. ~/eCe~ ~~'~`o ~~.~d~ ~/G
ROLL CALL.
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. August 16, Regular Council Work Session
2. August 16, Special Council Formal Official and Complete
3. August 17, Regular Council Formal Official and Complete
4. August 20; 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. Human Rights Commission: July 20, 2010
2. Planning and Zoning Commission: June 17, 2010
3. Planning and Zoning Commission: August 5, 2010
4. Historic Preservation Commission: July 8, 2010
5. Youth Advisory Commission: July 13, 2010
6. Board of Adjustment: July 14, 2010
7. Housing and Community Development Commission: June 30, 2010
8. Airport Commission: July 15, 2010
9. Airport Commission: July 27, 2010
10. Telecommunications Commission: July 26, 2010
c) Permit Motions and Resolutions as Recommended by the City Clerk.
New:
1. Class C Liquor License for AKA White, Inc., dba Summit Restaurant &
Bar, 10 S. Clinton St.
2. Special Class C Liquor License for South End Zone Ventures, LLC, dba
Stadium Club, 817 Melrose Ave. (Six Month) Staff is recommending
denial. Memo from the Director of Housing and Inspection Services and
Building Official included in council's packet.
August 31, 2010 City of Iowa City Page
3. Outdoor Service area for South End Zone Ventures, LLC, dba Stadium
Club, 817 Melrose Ave. (Six Month) Staff is recommending denial. See
previous item.
Renewal:
4. Class C Liquor License for Hall Place Ventures, Corp., dba Airliner Bar,
22 S. Clinton St.
5. Class C Liquor License for Short's Burger and Shine, LLC, dba Short's
Burger and Shine, 18 S. Clinton St.
6. Class C Liquor License for George's Buffet, Inc., dba George's Buffet,
312 E. Market St.
7. Special Class C Liquor License for Zio Johno's, Inc., dba Zio Johno's
Iowa City, 953 S. Riverside Dr.
8. Class C Beer Permit for Casey's Marketing Company dba Casey's
General Store #2761, 204 N. Dubuque St.
9. Class C Beer Permit for Casey's Marketing Company dba Casey's
General Store #2781, 1410 Willow Creek Dr.
10. Class C Liquor License for Jaxco, LLC, dba Blackstone, 503 Westbury
11. Class C Liquor License for Cream, LLC, dba Union Bar, 121 E. College
St.
12. Class C Liquor License for Atlas World Grill, Inc., dba Atlas World Grill,
Inc., 127 Iowa Ave.
13. Class C Beer Permit for New Pioneer Cooperative Society dba New
Pioneer Co Op Fresh Food Market, 22 S. Van Buren St.
I ~ - 3SS0 14. Resolution to issue Dance Permit to Cream, LLC, dba Union Bar, 121 E.
College St.
d) Motions.
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT
OF $41,570,266.02 FOR THE PERIOD OF JULY 1 THROUGH JULY 31,
2010, 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) Resolutions.
~ o -3 ~ I 1. 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 UNIVERSITY OF IOWA COMMUNITY CREDIT UNION,
IOWA CITY, IOWA FOR PROPERTY LOCATED AT 614 RUNDELL
STREET, IOWA CITY, IOWA.
Comment: University of Iowa Community Credit Union has requested
that the City approve a Subordination Agreement for property at 614
Rundell Street. In 2000 and 2001, the owners of the property received
several mortgages from the City of Iowa City's Housing Rehabilitation
Program. The property has enough equity to cover the City's lien
position.
August 31, 2010 City of Iowa City Page 3
~ ~ ~ ~~ 2. 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 TWO RIVERS BANK AND TRUST, CORALVILLE, IOWA
FOR PROPERTY LOCATED AT 355 EAST IOWA AVENUE, IOWA
CITY, IOWA.
Comment: Two Rivers Bank and Trust has requested that the City
approve a Subordination Agreement for property at 355 East Iowa
Avenue. In 2003, the owner of the property received a loan from the
City of Iowa City's Community Development Block Grant funding
(CDBG). The property has enough equity to cover the City's lien
position.
~~ - 3~3 3. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST DOCUMENTATION FOR THE
RELEASE OF A SCHOOL SITE COVENANT
Comment: In August, 1994, the City rezoned approximately 422 acres
located south of Highway 6 subject to the terms of a conditional zoning
agreement requiring the owner to reserve 15 acres for conveyance to
and use by the Iowa City School District. The District was to have
applied for a building permit within 15 years or the covenant was to be
released by the City. More than 15 years have passed and the District
has made no application for a building permit on this site. Therefore this
resolution authorizes the release of the school site covenant pursuant to
the terms of the conditional zoning agreement.
~~' 3~ `~ 4. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF
MORTGAGE FOR THE PROPERTY LOCATED AT 2537
WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA.
Comment: The owners bought the property in 2005 from the City
through the Tenant to Ownership Program. As part of the purchase, the
City granted the owner a loan which is secured by a mortgage. The
owner recently paid off the loan. There are additional restrictions (e.g.,
the home must be owner occupied) contained in a Resale and
Occupancy Agreement, which the mortgage also secures, that remain
on the property for 15 years from the date of the sale. This resolution
provides for only a partial release of the City's mortgage to reflect that
the loan has been paid but that the other obligations remain.
f) Correspondence.
1. Traffic Engineering Planner: Installation of (1) YIELD sign at the
north corner of the intersection of Kennedy Parkway and
Crabapple Court, and installation of (1) YIELD sign at the south
corner of the intersection of Kennedy Parkway and Rosebud Place.
2. Transit Advisory Group (TAG): Sunday Transit Service
3. Jermaine Ramsey: Melrose on game days
August 31, 2010 ~ a' City of Iowa City Page 4
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END OF CONSENT CALENDAR. ~~
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ITEM 3. COMMUNITY UOMM NT (ITEMS~NOT ON THE AGENDA). [UNTIL 8 PM] ~,(~
~~ Community Comment will be continued, if necessary, prior to "City Council Information"~~ ~~
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ITEM 4. PLANNING AND ZONING MATTERS.
a) AMENDING THE IOWA CITY ZONING CODE, SECTION 14-3B-1 HISTORIC
DISTRICT OVERLAY ZONE; SECTION 14-8E-2, HISTORIC REVIEW;
SECTION 14-8E-3, CERTIFICATE OF ECONOMIC HARDSHIP; AND
SECTION 14-2B-6, MULTIFAMILY SITE DEVELOPMENT STANDARDS
Comment: At its August 5 meeting, by a vote of 7-0, the Planning and Zoning
Commission recommended approval. Staff recommended approval in a memo
dated July 15. The Historic Preservation Commission voted 9-0 (Thomann
absent) to approve these amendments at its May 13 meeting. Approval of these
amendments will streamline and clarify the review process. Staff memorandum
included in Council packet.
PUBLIC HEARING
Action: ~~i e/r~Q~
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
ITEM 5. CONSIDER AN ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES,
io - `1-'t d 1 TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES," SECTION 3-4-5, ENTITLED
"SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE
CERTAIN SOLID WASTE CHARGES. (PASS AND ADOPT)
Comment: This proposed ordinance would increase solid waste collection fees by
approximately 3.3%. Currently the fee is $15.00 per month; the increase would
change the fee to $15.50, effective on the first full billing sent after the adoption and
publication of this ordinance. This action is necessary due to annual increases in
operational costs. The last fee increase was effective July 1, 2009.
Action:
August 31, 2010 City of Iowa City Page 5
ITEM 6. CONSIDER AN ORDINANCE AMENDING TITLE 16 OF THE CITY CODE,
ENTITLED "PUBLIC WORKS," CHAPTER 1, ENTITLED, "STREETS, SIDEWALKS
AND PUBLIC RIGHT OF WAY," TO ESTABLISH A PERMIT PROCESS FOR
PLACEMENT OF PIANOS ON THE PUBLIC RIGHT OF WAY. (FIRST
CONSIDERATION)
Comment: In July, the Public Works Director approved two agreements for the
temporary use of right of way (ROW) to allow placement of a piano on City Plaza (a/k/a
the Ped Mall) and another one at 10 E. Washington Street. The agreements expire on
October 1, 2010. In addition to both parties wishing to continue to have their pianos on
the ROW, the City has received more requests for pianos to be placed on the ROW.
This ordinance establishes a permitting process that will allow for the City to respond
more quickly to requests for pianos and take less staff time than temporary use of
ROW agreements.
Action:
ITEM 7. CONSIDER AN ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND
LICENSE REGULATIONS," CHAPTER 1, ENTITLED "GENERAL LICENSING
;D- y ~ba PROVISIONS" AND CHAPTER 2, ENTITLED "TAXICABS" TO CLARIFY
REVOCATION PROCEDURES, RATE PROVISIONS AND DRIVER BADGE
PROVISIONS TO PLACE RESPONSIBILITY FOR ISSUANCE OF AN
IDENTIFICATION CARD AND DRIVER LIABILITY INSURANCE ON THE TAXICAB
BUSINESS. (SECOND CONSIDERATION)
Comment: This ordinance places the responsibility of insuring drivers and driver
identification cards on individual taxi businesses, establishes a city registry of
authorized drivers, and provides for minor revisions to definitions. In addition this
ordinance states rates must be based on time, distance (including destination rates),
and allows for extra rider stipulations and clean up rates. At your August 17 meeting
the ordinance was amended to include package delivery rates. The current ordinance
defines a taxicab as a vehicle that carries passengers for hire, and does not address
courier services. Therefore, staff recommends the ordinance be amended back to the
original language and delete that reference to package delivery. Expedited action is
requested to streamline the driver process and clarify the language regarding taxi rates
upon publication. Correspondence included in Council packet.
Action: ~ v
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August 31, 2010 City of Iowa City Page 6
ITEM 8. CONSIDER A RESOLUTION RESCINDING PRIOR RESOLUTION NO. 07-334 AND
10- 3 $ K IN LIEU THEREOF SETTING FEES AND INSURANCE REQUIREMENTS WITH
RESPECT TO THE ADMINISTRATION OF REGULATIONS FOR TAXICABS, BY
INCREASING THE VEHICLE DECAL ISSUANCE AND. REPLACEMENT FEE TO
REFLECT ACTUAL INSPECTION COSTS AND DELETING DRIVER BADGE FEES
Action:
ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 5, ENTITLED BUSINESS AND
LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," BY REPEALING
SUBSECTIONS 5-2-2, "TAXICAB BUSINESS LICENSE; VEHICLE DECALS," AND 5-
2-4, "VEHICLE INSPECTION REQUIRED," IN THEIR ENTIRETY AND REPLACING
THEM WITH NEW SUBSECTIONS; AND AMENDING 5-2-7 TO PROVIDE
PROVISIONS FOR RATE CHANGES. (SECOND CONSIDERATION)
Action:
ITEM 10.
Comment: This resolution increases the decal fee to $85 and removes the $7.50 fee
for driver badges. This resolution should be adopted only after final passage of the
previous item.
Comment: This ordinance, effective with the March 1, 2011 licensing year, requires 4
vehicles per business, 24/7 operations, a dispatching office, and a taximeter.
CONSIDER AN ORDINANCE AMENDING TITLE 17 OF THE CITY C DE,
ENTITLED "BUILDING AND HOUSING," CHAPTER 1, ENTITLED, "BUILDING
CODE," SECTION 3, ENTITLED "AMENDMENTS TO CODE," TO DELETE
SECTION 313 OF THE INTERNATIONAL RESIDENTIAL CODE. (SECOND
CONSIDERATION)
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Comment: The City adopted the 2009 edition of the International Residential Code
("IRC") on December 1, 2009. With limited exception, the local amendment to section
313 of the IRC required that townhouses and one and two family occupancies protect
lightweight materials such as trusses or engineered lightweight material in the
structural floor or ceiling areas. This past spring, the Greater Iowa City Area Home
Builders Association ("Home Builders") and truss manufactures raised issues
concerning the implementation of this life safety requirement. In June Council
amended the code to change the effective date to January 3, 2011 to allow a
committee comprised of staff, the Home Builders, the truss manufacturing industry,
area fire departments, and others time to discuss the issue. This committee has met,
and there was a consensus that this matter should wait until the adoption of the 2012
edition of the IRC. The Board of Appeals recommends that Council delete Section 313,
and the minutes from August 2 meeting containing the recommendation are in the
August 12, 2010 Information Packet. Because this is a noncontroversial issue and no
public comment was received, staff recommends expedited action. ~`~~ ,~.,
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Action:
August 31, 2010 City of Iowa City Page 7
ITEM 11.
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CONSIDER A RESOLUTION APPROVING THE POLICE CHIEF'S REVISED
GUIDELINES FOR REVIEW OF APPLICATIONS FOR INITIAL AND RENEWAL
LIQUOR LICENSES, BEER PERMITS, AND WINE PERMITS AND THE POLICE ON-
PREMISES RENEWAL FORM AND RESCINDING RESOLUTION 09-38.
Comment: The Iowa Alcoholic Beverage Division has ruled that liquor license renewals
may not be denied based solely on an establishment's PAULA ratio. Said ruling requires
rescission of Resolution 09-38, which approved a policy wherein the Chief of Police was
required to recommend denial of the renewal application of any liquor licensee whose
PAULA ratio exceeded 1.00. Accompanying this Resolution is a revised set of
Guidelines for the Police Chief to consider in making a recommendation for approval or
denial, and a revised On-Premises Liquor License Renewal form.
Action:
ITEM 12. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City and be
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 Adiustment -One vacancy to fill an unexpired term,
effective upon appointment, plus afive-year term January 1, 2007 -December
31, 2011. (Carl Williams resigned).
b) Airport Zoning Brd of Adiustment -One vacancy to fill afive-year term January
1, 2009 -December 31, 2013. (Term expires for Dennis Keitel).
c) Airport Zoning Commission -One vacancy to fill asix-year term January 1,
2006 -December 31, 2011. (Term expires for Mark Anderson).
d) Airport Zoning Commission -One vacancy to fill asix-year term January 1,
2010 -December 31, 2015. (Term expires for Brian Sponcil)
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).
f) Youth Advisory Commission -One vacancy to fill atwo-year term
January 1, 2009 -December 31, 2010
One (1) person -Tate High
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, SEPTEMBER 15, 2010.
g) Telecommunications Commission -One vacancy to fill an unexpired term,
effective upon appointment, ending March 13, 2011. (Robert Kemp resigned)
August 31, 2010 City of Iowa City Page 8
h) Youth Advisory Commission -One vacancy to fill an unexpired term, effective
upon appointment, ending December 31, 2011. (Gary Black resigned)
One (1) person - At Large
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, OCTOBER 6, 2010.
ITEM 13. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 14. CITY COUNCIL INFORMATION. /
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ITEM 15. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager. - O
b) City Attorney. , p ,.
c) City Clerk. ~ ~
ITEM 16. ADJOURNMENT
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