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HomeMy WebLinkAbout2009-02-24 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. r -~r Iowa City #;;= ~~;~~ City Council Agenda -~-L- CITY Of IOWA CITY Special Formal February 24, 2009 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street www.icgov.org (~~.D Q-~t't~ Dpi ~,~C.~i ITEM 1. CALL TO ORDER. ~~--~~ ~~?~"~°`°'C-} ~~'(~~~~ ROLL CALL. ,~-e~e~ d~°~'`L° ~-~rr~.~J ITEM 2. ;~,, OUTSTANDING STUDENT CITIZENSHIP AWARDS -Regina Elementary a) Ashley Gaffey b) Grant Hogan c), Jamie Porter ~ ~ ~~ ITEM 3. 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. February 9, Council Work Session 2. February 9, Special Council Formal Official and Complete 3. February 10, Special Council Formal Official and Complete 4. February 17, 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 Art Advisory Committee: January 8, 2009 2. Planning and Zoning Commission: January 15, 2009 3. Police Citizens Review Board: January 13, 2009 4. Historic Preservation Commission: January 8, 2009 5. Public Art Advisory Committee: January 8, 2009 c) Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: 1. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food Store#2, 812 S First Ave. February 24, 2009 City of Iowa City Page 2 2. Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr. 3. Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr. 4. Class B Beer Permit for Stuff Corporation dba Godfathers Pizza, 531 Hwy 1 West. 5. Special Class C Liquor License for Devotay, Inc., dba Devotay, 117 N Linn St. 6. Class C Liquor License for Kmarcella, Inc., dba Donnelly's Pub,110 E College St. 7. Class C Liquor License for EI Ranchero, Inc., dba EI Ranchero Mexican Restaurant, 21 Sturgis Corner Dr. 8. Class B Liquor License for RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S Dubuque St. 9. Outdoor Service Area for RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S Dubuque St. nti-51 10. Resolution to issue Dance Permit for RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S Dubuque St. d) Motio ns. 1. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $13,736,711.30 FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2009, 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) Public Hearings. 1. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MARCH 10, 2009 ON AN ORDINANCE AMENDING TITLE 16, CHAPTER 16 ENTITLED "CITY UTILITIES" OF THE CITY CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 16-3B-9 ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE DANE ROAD TRUNK SEWER PROJECT". Comment: The City Code authorizes the City to adopt and implement, following public hearing, project specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities. The proposed ordinance will adopt atap-on fee for the cost associated with the construction of the Dane Road Trunk Sewer to serve the southwest area of Iowa City. February 24, 2009 City of Iowa City Page 3 2. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MARCH 10, 2009 ON AN ORDINANCE AMENDING TITLE 16, CHAPTER 16 ENTITLED "CITY UTILITIES" OF THE CITY CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 16-36-10 ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE SCOTT PARK TRUNK SEWER PROJECT". Comment: The City Code authorizes the City to adopt and implement, following public hearing, project specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities. The proposed ordinance will adopt atap-on fee for the cost associated with the construction of the Scott Park Trunk Sewer to serve the east area of Iowa City. 3. CONSIDER A MOTION SETTING PUBLIC HEARING FOR MARCH 10, 2009 ON A LEASE WITH THE JOINT EMERGENCY COMMUNICATIONS SERVICES ASSOCIATION OF JOHNSON COUNTY FOR PLACEMENT OF A MONOPOLE TELECOMMUNICATIONS TOWER AT FIRE STATION 3. Comment: The Joint Emergency Communications Services Association of Johnson County (the 28E entity created by the City, County, Johnson County Emergency Management Commission, North Liberty, and Coralville for emergency telecommunication services) would like to lease a portion of land at Fire Station 3 for placement of a monopole telecommunications tower and a storage facility. The proposed lease is for 5-years with the option of nine (9), five (5)-year renewals. Rent is $1.00 per year. The tower will allow for five (5) co- locaters, and the City's portion of the rent for a co-locater will be determined at the time the City approves the sublease. f) Resolutions. oq.. 53 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TRAIL EASEMENT AGREEMENT AND A SANITARY SEWER .EASEMENT AGREEMENT AND TO RELEASE CERTAIN EASEMENTS LOCATED ON 820 AND 830 S. RIVERSIDE DRIVE, IOWA CITY, IOWA. Comment: This action is being taken to facilitate the development of 820 and 830 S. Riverside Drive for the new Staples retail store. Certain easements are either inactive or are being relocated and thus no longer needed in their current locations. The Owner is dedicating to the City a sanitary sewer easement and a trail easement along the Iowa River. February 24, 2009 City of Iowa City Page 4 0 9- 53 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM WATER MANAGEMENT EASEMENT AGREEMENT PERTAINING TO JOHNSON COUNTY JOINT EMERGENCY COMMUNICATION CENTER 4529 MELROSE AVENUE, IOWA CITY, IOWA Comment: This Storm Water Management Easement Agreement is being granted to the City in conjunction with the development of the Joint Emergency Communications Center. The County and the Joint Emergency Communications Services Association of Johnson County have already executed this agreement in triplicate. o g- S'f 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 THREE GUYS HOLDINGS, LLP, AND TENANT J.J.G., L.L.C., D/B/A T-SPOONS, FOR A SIDEWALK CAFE. Comment: Three Guys Holdings LLP, as landowner, and J.J.G. L.L.C., d/b/a as T-Spoons, seek a renewal of a license agreement for temporary use of public right-of-way at 301 Market 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. 09- 55 4. 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 MIDWESTONE BANK, AND TENANT ICBB, LTD, DIB/A BROWN BOTTLE, FOR A SIDEWALK CAFE. Comment: MidWestOne Bank, as landowner, and ICBB, Ltd, d/b/a as Brown Bottle, seek a renewal of a license agreement for temporary use of public right-of-way at115 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 24, 2009 City of Iowa City Page 5 09- 56 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 MOKA JAVA LLC, AND TENANT LUSATI, INC, D/B/A QUINTON'S BAR 8~ DELI, FOR A SIDEWALK CAFE. Comment: Moka Java LLC, as landowner, and Lusati, Inc, d/b/a as Quinton's Bar & Deli, seek a renewal of a license agreement for temporary use of public right-of-way 215 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. aq- 5? 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 GRAZE IOWA CITY LLC, D/B/A GRAZE, FOR A SIDEWALK CAFE. Comment: Marc Moen, as landowner, and Graze Iowa City LLC, d/b/a as Graze, seek a renewal of a license agreement for temporary use of public right-of-way 215 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. a g_r_, g 7. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2008 SANITARY SEWER REHABILITATION 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. og _ Sq 8. 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 MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1622 WILSON STREET, IOWA CITY, IOWA. Comment: MidWestOne Bank has requested that the City approve a Subordination Agreement for property at 1622 Wilson Street. On January 28, 2008, the owners of the property received funding from the City of Iowa City through the Housing Rehabilitation Program. The property has enough equity to cover the City's lien position. February 24, 2009 City of Iowa City Page 6 04' 60 9• 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 MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1702 GRYN DRIVE, IOWA CITY, IOWA. Comment: MidWestOne Bank has requested that the City approve a Subordination Agreement for property at 1702 Gryn Drive. On October 24, 2008, the owner of the property received funding from the City of Iowa City through the Dowpayment Assistance Program. The property has enough equity to cover the City's lien position. 04- 6! 10. 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 AT 1706 FLATIRON AVENUE, IOWA CITY, IOWA. Comment: The owners of the property located at 1706 Flatiron Avenue received assistance through the City of Iowa City's Housing Rehabilitation program. The loan has been paid off; thus the lien needs to be released. g) Correspondence. 1. JCCOG Traffic Engineering Planner: Installation of (1) YIELD sign on the southeast corner of the intersection of Tracy Lane and Davis Street 2. JCCOG Traffic Engineering Planner: Installation of (2) NO PARKING ANYTIME signs and supplemental arrows in front of the home at 1110 East College Street 3. JCCOG Traffic Engineering Planner: Installation of NO PARKING ANYTIME signs on the east side of Heinz Road between Highway 6 and Paddock Boulevard 4. JCCOG Traffic Engineering Planner: Installation of NO PARKING ANYTIME signs on the west side of Emerald Street between Melrose Avenue and 20 feet south of the water pump station access driveway 5. Joseph Jason: Daniel Jason - Asperger Syndrome Honor Roll Student 6. David Coss: Congratulations on appointment to the UNESCO Creative Cities Network 7. Nathan Stalheim: Parking complaint [staff response included] 8. Sheila Knoploh-Odole: Closing of Roosevelt Elementary ~~, 4J~~ END OF CONSENT CALENDAR. ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. .~~ C X Q ~ r ~uil~' ~ ~~~~~ ~.as._ CITY OF IOWA CITY 1VIEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions February 24 Agenda Consent Calendar: Correspondence ~~~"~ ~'~~~~ r ~~ / ITEM 2b (Addition) Proclamation: National Women and Girls HIV/AIDS Awareness Day - ITEM 3g(8). (Additions) Closing of Roosevelt Elementary/School District Faclities Plan: Chris Blaumueller, Mark Cannon, Meredith Sewell, Rachel Zimmermann Smith, Dannye Frerichs, Greg Nims, Lindsay A. Park, Paula Swygard (2), Mary Knudson, Leslie Huber, Judith Pascoe, Tim Taffe, Karen Nichols, Julia Wasson, Ranae McKay, Niki and Ron Neems (2), Elizabeth Cook, Melissa Moreton and Brian Gotwals, Daniel Smith, Eric Gidal, Jill De Young, .Helen Burford, .Tim --~--=-ouzel, Diana Colgan, Brandon Ross. ****** ITEM 15b (ADDITION) CONSIDER A RESOLUTION .SUPPORTING THE AMERICAN RECOVERY AND REINVESTMENT ACT FEDERAL FUNDING RECOMMENDATION FOR THE IOWA. CITY PROJECTS AS APPROVED BY THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS TRANSPORTATION TECHNICAL ADVISORY COMMITTEE. Comment: This resolution supports the funding recommendation for the Iowa City projects as approved by the Transportation Technical Advisory Committee at the meeting held on, Thursday, February 19th. The funding recommendation was approved 8-6. This recommendation brings. $2.4 million of federal stimulus funds to Iowa City. The funds are 100% federal. share with no requirement for local matching funds. February 24, 2009 City of Iowa City Page 7 ITEM 5. PLANNING AND ZONING MATTERS. (Item's "a,b,c" will proceed as outlined in the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications.") a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MARCH 10 ON AN ORDINANCE REZONING 18.58-ACRES OF LAND LOCATED NORTH OF ROHRET ROAD FROM INTERIM DEVELOPMENT RESIDENTIAL (ID-RS) TO LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS-5), 44.29 ACRES FROM RURAL RESIDENTIAL (RR-1) TO LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS-5), AND 82.3 ACRES FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS-5) TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY SINGLE FAMILY RESIDENTIAL (OPD-5) (REZ08-00011) Comment: At its February 5 meeting, by a vote of 5-1 (Eastham voting no, Payne absent), the Planning and Zoning Commission recommended approval of this rezoning subject to a Conditional Zoning Agreement addressing improvement of Rohret Road to City standards, a phasing plan for the subdivision, the vacation of the southern portion of Slothower Road, approval of the wetland permit and a plan for the long-term maintenance of the wetland by a home owners' association. Staff recommended approval in a report dated January 15. Approval will allow the development of Country Club Estates, Parts 3-8, a 170-lot, 82.3 acre single-family residential subdivision located on the north side of Rohret Road east of Slothower Road. Action: b) REZONING 2.97 -ACRES OF LAND LOCATED NORTHWEST OF THE INTERSECTION OF FIRST AVENUE AND HICKORY TRAIL FROM LOW DENSITY SINGLE FAMILY (RS-5) ZONE TO PLANNED DEVELOPMENT OVERLAY, MEDIUM DENSITY SINGLE FAMILY (OPD-8) ZONE. (REZ08-00012) Comment: At its January 15 meeting, by a vote of 6-0 (Koppes absent), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated January 15. Approval will allow development of Hickory Pointe, a 3-lot residential subdivision with 18 townhouse-style dwelling units. 1. PUBLIC HEARING Action: ~1.L~f7 E's('~~2 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action; ' ~D/In.~~/~/a/"l''P~~ 7 8x, /d February 24, 2009 City of Iowa City Page 8 c) CONSIDER A LETTER TO THE JOHNSON COUNTY BOARD OF SUPERVISORS RECOMMENDING THE DENIAL OF A REZONING FROM COUNTY AGRICULTURE (A) TO COUNTY RESIDENTIAL (R) ZONE FOR 39.80 ACRES LOCATED EAST OF BUCHMAYER BEND NE AND WEST OF HWY 1 NE. (CZ09-00002) Comment: At its February 5 meeting, by a vote of 5-0 (Busard abstained, Payne absent), the Planning and Zoning Commission recommended denial of this rezoning for non-compliance with the Fringe Area Policy Agreement between Johnson County and Iowa City. The Commission noted that if the application were to be approved against their recommendation, the improvement of Buchmayer Road to County standards should be a condition of approval. Staff recommended denial in a memorandum dated February 5. Action: ~'IO rY'~lG ~~i~~s -___._. _ ~/~~~s d ~ ~®~~.~~~ ~~~~ ITEM 6. PUBLIC HEARING T DISC SS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2013. Comment: Public Hearing to discuss the FY2010 Proposed Operating Budget, the three-year Financial Plan for FY2010 - FY2012 and the multi-year Capital Improvements Program (CIP) through fiscal year 2013. Detailed information on the budget became available for public inspection on February 13, 2009. Resolutions to adopt the Annual Operating Budget, three-year Financial Plan and multi-year Capital Improvement Program are scheduled for March 10, 2009. Correspondence included in Council packet. Action: ~ o,o PX °F6'c1~ ITEM 7. AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 2, ENTITLED, "ELECTRICAL CODE," TO ADOPT THE STATE ELECTRICAL STANDARDS AND ANNEX H OF THE 2008 EDITION OF THE NATIONAL ELECTRICAL CODE AS THE CITY'S ELECTRICAL CODE. Comment: A public hearing is required when adopting a state code, a nationally recognized standard code or portions of such a code. The Board of Appeals is recommending adopting such Code as amended. Draft minutes included in Council packet. a) PUBLIC HEARING Action: - ~' b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: i ~ v ~ ~ ~~G- r/ rr~iQ February 24, 2009 City of Iowa City Page 9 ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 11, ENTITLED, "LICENSING," TO MAKE THE LICENSING REQUIREMENTS OF THE BUILDING TRADES CONSISTENT WITH STATE LAW AND TO ESTABLISH STANDARDS FOR THOSE HOLDING A STATE CLASS B JOURNEYMAN OR CLASS B MASTER ELECTRICIAN LICENSE. (FIRST CONSIDERATION) Comment: The State of Iowa has recently begun licensing the electrical professionals, as well as other trades, but still permits cities to continue doing so as well. This ordinance provides that a person may perform work if he or she has either a state or City license, except for those holding a state Class B electrician license. State law allows the City to limit the type of work that a person holding a state Class B journeyman or Class B master electrician license may do. Staff and the Board of Appeals (draft minutes are in the January 29 information packet) recommend allowing state licensed Class B electricians to perform electrical work only if they held an Iowa City license prior to the establishment of the state licensing requirements. The ordinance also cleans up a variety of licensing standards by deleting provisions that no longer apply. Action: ITEM 9. CONSIDER AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF IOWA CITY, IOWA, BY REVISING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," SECTION 8, ENTITLED "PERSONS UNDER 19 YEARS OF AGE IN LICENSED OR PERMITTED ESTABLISHMENTS" SUBSECTION E (1) TO INCREASE THE PENALTY FOR A PERSON UNDER 19 YEARS OF AGE WHO VIOLATES SAID SECTION TO FIVE HUNDRED DOLLARS ($500.00). (SECOND CONSIDERATION) Comment: Iowa City Code prohibits persons under the age of 19 from being present after 10:00 p.m. in a licensed establishment whose primary purpose is the sale of alcohol. This ordinance increases the fine for violation by a person under 19 to $500.00. Action: l~~i~n-Lb~ B~ / fi!~G~~K end ~ y February 24, 2009 City of Iowa City Page 10 ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 13, ENTITLED "AIRPORTS AND AVIATION," CHAPTER 1, ENTITLED, "AIRPORT COMMISSION," TO CHANGE THE TERMS OF THE COMMISSIONERS FROM SIX (6) YEARS TO FOUR (4) YEARS. (SECOND CONSIDERATION) Comment: State law requires that the City Council set the length of terms of the Airport Commission by ordinance and that the term be no less than three (3) years and no greater than six (6) years. The terms presently are six (6) years, which is a substantial commitment especially in light of the scope of the commissioners' duties. At the Airport Commission meeting on January 8, 2009, the Commission passed a motion recommending that the terms be decreased to four (4) years in order to entice more people to apply. Under the proposed ordinance, as each of the current six (6) year terms expires, it will become a four (4) year term. Draft minutes of the Airport Commission's meeting on January 8, 2009 are in the January 29, 2008 information packet. Action: ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 4, ENTITLED "GENERAL PENALTY," SECTION 2D TO PROVIDE THAT THE CIVIL PENALTY FOR OVER-OCCUPANCY OF A RENTAL UNIT BE $750.00 FOR FIRST VIOLATION AND $1,000.00 FOR SECOND AND SUBSEQUENT VIOLATIONS. (SECOND CONSIDERATION) Comment: Presently the civil penalty in a municipal infraction for over-occupying a rental unit is $250 for first violation, $500 for second, and $750 for third. This ordinance would increase it to $750 for first and $1,000 for second and subsequent, which is the maximum allowable under state law. Action: /,l~~~r~1~~_ /~/l/ira~ ~~ d ~~ N ITEM 12. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY 09- ~~ CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF CHILLED WATER LINES AND STEAM DISTRIBUTION LINES IN CONNECTION WITH UNIVERSITY OF IOWA'S HEATING AND COOLING SYSTEMS. Comment: This agreement allows the University of Iowa to install, operate, and maintain chilled water lines and steam distribution lines within City of Iowa City public rights-of-ways. Chilled water lines and steam distribution lines are already in place at many locations within Iowa City and this agreement memorializes the authorization for the continued placement and provides for the possible expansion of the systems. Action: ~ ~= c~' ,~ ~~~ 7~0 February 24, 2009 City of Iowa City Page 11 ITEM 13. CONSIDER A RESOLUTION NAMING THE OFF-LEASH DOG PARK LOCATED ay_ 63 WITHIN SCOTT PARK, IOWA CITY, IOWA, "RITA'S RANCH OFF-LEASH DOG PARK". Comment: The Parks and Recreation Department and the Johnson County Dog Park Action Committee (DogPAC) have been working together to establish a dog park in Scott Park which is scheduled to open this spring. To recognize the work done by a founding member of DogPAC, they are requesting that the dog park be named as indicated. The Parks and Recreation Commission unanimously support the suggested name. Action: ~~ rr~ ~ c2'G ~ ~ /~~ r ~~ P~ ~ ITEM 14. CONSIDER A RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES og_ ~.~ 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 3-year plan has been established with FY10 fee changes being recommended for adoption at this time, and FY11 and FY12 increases tentatively identified. Some of the FY10 changes may actually be implemented in FY09 because the summer season begins in FY09 but continues into FY10. The Parks and Recreation Commission reviewed and adopted the proposed changes at their meeting of December 10, 2008. Detailed information is included in Council packet. Action: rrP~~ 0 ITEM 15. ~ CONSIDER A RESOLUTION REQUESTING SUBMISSION OF THE QUESTION OF THE IMPOSITION OF A LOCAL SALES AND SERVICES TAX TO THE QUALIFIED ELECTORS OF THE INCORPORATED AND UNINCORPORATED AREAS OF JOHNSON COUNTY. Comment: Recent state legislation allows counties that were declared disaster areas in 2008 to vote on whether to impose a local sales tax using an expedited procedure. Because Iowa City has more than 50% of the County's population it is the only jurisdiction that is allowed by law to put the sales tax on the ballot for the entire county. The City Council has chosen to do so after receiving requests from neighboring cities. The provisions of Chapter 4236 of the state code (the existing local option sales tax provisions) apply with the exception that the dates for election and imposition are expedited and the tax will be imposed in any city in which a majority votes for the tax (as opposed to considering all contiguous cities as a block). All cities and the unincorporated area that impose the tax will share in the proceeds(75 % based on population; 25% based on property tax revenue) Each jurisdiction may decide how it intends to use the revenue generated from the tax. At the direction of the City Council the proposed resolution states the City's intention to use the revenue for the remediation, repair and protection of flood impacted public infrastructure. Examples of such projects include the elevation of Dubuque Street and Park Road and the relocation of the North Wastewater Treatment Plant. Correspondence included in Council packet. . 09- ~5 Action: ~/~ r~1 ~ ~~ 7 r 1 ~~.~~ CITY OF IOWA CITY MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions February 24 Agenda Consent Calendar: Correspondence ITEM 2b (Addition) Proclamation: National Women and Girls HIV/AIDS Awareness Day - March 10, 2009. ITEM 3g(8). (Additions) Closing of Roosevelt Elementary/School District Faclities Plan: Chris Blaumueller, Mark Cannon, Meredith Sewell, Rachel Zimmermann Smith, Dannye Frerichs, Greg Nims, Lindsay A. Park, Paula Swygard (2), Mary Knudson, Leslie Huber, Judith Pascoe, Tim Taffe, Karen Nichols, Julia Wasson, Ranae McKay, Niki and Ron Neems (2), Elizabeth Cook, Melissa Moreton and Brian Gotwals, Daniel Smith, Eric Gidal, Jill De Young, Helen Burford, .Tim Weitzel, Diana Colgan, Brandon Ross. ~ ITEM 15b (ADDITION) CONSIDER A RESOLUTION SUPPORTING THE AMERICAN RECOVERY AND REINVESTMENT ACT FEDERAL FUNDING d9- 66 RECOMMENDATION FOR THE IOWA .CITY PROJECTS AS APPROVED BY THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS TRANSPORTATION TECHNICAL ADVISORY COMMITTEE. Comment: This resolution supports the funding recommendation for the Iowa City projects as approved by the Transportation Technical Advisory Committee at the meeting held on Thursday, February 19th. The funding recommendation was approved 8-6. This recommendation brings $2.4 million of federal stimulus funds to Iowa City. The funds are 100% federal share with no requirement for local matching funds. r ~~ CJarre~Q ~ ~ /-~ February 24, 2009 City of Iowa City Page 12 ITEM 16. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. 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) (3 males and 0 femalesles cry serve). ~~ `~~') y b) Airport Zoning Commission -One vacancy to fill asix-year term January 1, a~ II (~J~,Q 2006 -December 31, 2011. (Term expires for Mark Anderson) (3 males and 0 C~l a~1 "-L~ females currently serve . X120 i ~r~ ~o ~ _ ~ c) Appeals. Board of -One vacancy to fill afive-year term January 1, 2009 - December 31, 2013. (Denny Henderson resigned) (4 males and 1 female d) Civil Service Commission -One vacancy to fill afour-year term April 6, 2009 - April 1, 2013. (Term expires for William Cook) (0 males and 2 females currently canial e) Historic Preservation Commission - Four vacancies, one At-Large, one Woodlawn, one College Green, and one East College St District Representative, to fill three-year terms March 29, 2009 -March 29, 2012. (Term expires for Frank Wagner, Ginalie Swaim, Pam Michaud, Esther Baker) (4 males and 2 females currently sere ). ~/~~ ~ ~~~~ °~ Ion ~ ~' G~~~~~ ioa~ G~~~ f) Telecommunicatio Commission -Two vacancies to fill three-year terms March 13, 2009 -March 13, 2012. (Term expires for Brett Gordon, Saul Mekies) (3 males and 0 females currently serve) February 24, 2009 City of Iowa City Page 13 ITEM 17. 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 Commission -One vacancy to fill asix-year term March 1, 2009 - March 1, 2015. (Term expires for Randy Hartwig) (3 males and 1 female currently serve). Airport Zoning Brd of Adjustment -One vacancy to fill afive-year term January 1, 2009 -December 31, 2013. (Term expires for Dennis Keitel) (2 males and 0 females currently serve). Appeals, Board of -One vacancy to fill afive-year term January 1, 2009 - December 31, 2013, one for a Mechanical Professional. (Term expires for Tim Fehr) (5 males and 1 female currently serve). Senior Center Commission -Two vacancies to fill three-year terms January 1, 2009 -December 31, 2011. (Term expires for Robert Engel, David Gould) (3 males and 2 females currently serve). ~, JCCOG Cool Cities Taskforce -One At-Large/Public vacancy to fill cone-year term, effective upon appointment, ending March, 2010. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MARCH 4, 2009. Youth Advisory Commission -Two vacancies One (1) person - At Large Effective upon appointment and ending December 31, 2009. (Danielle Malatek resigned) One (1) person -Tate. High January 1, 2009 -December 31, 2010. (1 male and 3 females currently serve) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MARCH 18, 2009. ITEM 18. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). February 24, 2009 City of Iowa City Page 14 ITEM 19. CITY COUNCIL INFORMATION. ITEM 20. REPORT ON ITEMS FROM CITY ST/A-FF. a) City Manager. ~~ ~ k~~ b) City Attorney. c) City Clerk. ITEM 21. ADJOURNMENT g~. 05