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HomeMy WebLinkAbout2009-04-20 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. ~ ? -~i Iowa City 3 -~ ~~'~~ • w„®,~~ City Council Agenda --~ CITY OF IOWA CITY Special Formal April 20, 2009 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street www.icgov.org ~ ~ r1 ~j i aBxJ i"l ~~% ITEM 1. CALL TO ORDER. ~~~/~s ~QC/l ~5 T //~ndyt. ROLL CALL. ~(a rr ~ ~11f~1~ l ~'~~ ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Longfellow Elementary a) Sonali Durham b) Emma Kealey c) Alex Koenig ITEM 3. PROCLAMATIONS. ~ a) Buy Here Day -April 23, 2009 ~~~. ~ b) Arbor Day: April 24, 2009 c) Irving B. Weber Days -May 2009 ~~~ ~~~ ITEM 4. SPECIAL PRESENTATION. a) Trees Please! ''hZCG~~~ ~Q~i ~ ~ ~~~r%~ ITEM 5. CONSIDER ADOPTION OF THE CONSENTO CALENDAR AS PRESJE'NTED OR AMENDED. a) Approval of Council Actions, subject to corrections, as recommended by the City Clerk. 1. April 6, Special Council Formal Official and Complete 2. April 6, Special Council Formal Official and Complete 3. April 6, Special Council Work Session 4. April 13, 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. Planning and Zoning Commission: March 5, 2009 2. Animal Care Task Force: March 26, 2009 3. Historic Preservation Commission: March 12, 2009 April 20, 2009 City of Iowa City Page c) Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: 1. Class C Liquor License for Sams Pizza IC, Inc., dba Sams Pizza IC, Inc., 441 S. Gilbert St. 2. Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. 3. Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. 4. Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #1, 1310 S. Gilbert St. 5. Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #4, 2303 Muscatine Ave. 6. Class E Liquor License for Liquor House, Ltd., dba Liquor House, 425 S. Gilbert St. 7. Class C Liquor License for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St. 8. Outdoor Service Area for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St. 9. Class A Liquor License for Iowa City Lodge #1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E. o q - I ~ 10. Resolution to issue Dance Permit for Iowa City Lodge #1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E. 11. Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E Prentiss St. d) Motions. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $8,876,867.46 FOR THE PERIOD OF MARCH 1 THROUGH MARCH 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 MAY 5, 2009 REGARDING IOWA CITY'S FY10 ANNUAL ACTION PLAN, THAT IS A SUB-PART OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (a.k.a. CITY STEPS) AND AN AMENDMENT TO THE FY09 ANNUAL ACTION PLAN. Comment: A public hearing regarding the FY10 Annual Action Plan, which contains the proposed Community Development Block Grant (CDBG) and HOME Investment Partnerships Program funded projects and an amendment to the FY09 Annual Action Plan, which contains the proposed American Recovery and Reinvestment Act (a.k.a. Stimulus Bill) funded projects , is being set for May 5, 2009. A 30-day public comment period started on April 4, 2009. April 20, 2009 City of Iowa City Page p9 ~ I!5 2. CONSIDER A RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,995,000 GENERAL OBLIGATION BONDS CAPITAL LOAN NOTES OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Comment: This resolution sets a public hearing for 7:00 pm on May 5, 2009 to receive public comment regarding the issuance of up to $4,995,000 General Obligation Capital Loan Notes and authorizes the City Clerk to publish the notice of hearing. Bond proceeds will be used to pay costs of the construction, reconstruction, and repairing of improvements to public ways, sidewalks, overpasses and streets; the opening, widening, extending, grading and draining of the right-of-way of public grounds and the removal and replacement of dead or diseased trees thereon; the reconstruction, extension and improvement of the existing Municipal Airport; the acquisition, installation and repair of traffic control devices; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks and equipping of the fire department. poi _ ! I b 3. CONSIDER A RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $6,500,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009E, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Comment: This resolution sets a public hearing for 7:00 pm on May 5, 2009 to receive public comment regarding the issuance of up to $6,500,000 General Obligation Bonds and authorizes the City Clerk to publish the notice of hearing. Bond proceeds will be used to pay costs of the refunding of outstanding general obligation indebtedness of the City, including the Series 2001 General Obligation Bonds dated June 15, 2001. u9 - 111 4. CONSIDER A RESOLUTION FIXING DATE FORA MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $700,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Comment: This resolution sets a public hearing for 7:00 pm on May 5, 2009 to receive public comment regarding the issuance of up to $700,000 General Obligation Bonds and authorizes the City Clerk to publish the notice of hearing. Bond proceeds will be used to pay costs of improvements to the Salt Storage Building. Apri120, 2009 City of Iowa City Page 4 oq- 11 g 5. CONSIDER A RESOLUTION FIXING DATE FORA MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $680,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Comment: This resolution sets a public hearing for 7:00 pm on May 5, 2009 to receive public comment regarding the issuance of up to $680,000 General Obligation Bonds and authorizes the City Clerk to publish the notice of hearing. Bond proceeds will be used to pay costs of the renovation, improvement and equipping of recreation grounds, including the Soccer Fields and the Napoleon Park Softball Fields; the acquisition of art for public buildings and areas and roof repair and elevator improvements to a Recreation Center. (~ -- /I~'1 6. CONSIDER A RESOLUTION FIXING DATE FORA MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $360,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Comment: This resolution sets a public hearing for 7:00 pm on May 5, 2009 to receive public comment regarding the issuance of up to $360,000 General Obligation Bonds and authorizes the City Clerk to publish the notice of hearing. Bond proceeds will be used to pay costs of City Hall remodeling; miscellaneous improvements to City Hall; improvements to the Mercer Swimming Pool, including filter system replacement and roof repair to the Senior Center. pGj _ ~ ap 7. CONSIDER A RESOLUTION FIXING DATE FOR A MEETING '--' ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $510,000 GENERAL OBLIGATION CAPITAL LOAN NOTES (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Comment: This resolution sets a public hearing for 7:00 pm on May 5, 2009 to receive public comment regarding the issuance of up to $510,000 General Obligation Bonds and authorizes the City Clerk to publish the notice of hearing. Bond proceeds will be used to pay costs of General Rehabilitation and Improvement Program housing improvements and low income housing improvements in connection with the Housing Fellowship necessary for the operation of the City and the health and welfare of its citizens. April 20, 2009 City of Iowa City Page 5 f) Resolutions. oq- /~I 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 10, 2009 THROUGH JULY 12, 2009. Comment: Section 4-5-3 of the City Code allows for the sale and consumption of alcohol in a city park, on a right-of-way, or other public ground, excluding public buildings, pursuant to written agreement. Staff has approved the agreement, which is attached to the resolution, that allows Riverside Theatre to sell beer and wine and for attendees to consume beer and wine from June 10 through July 12, 2009 in a specified area in and around Riverside Festival Stage in City Park. The terms in the agreement are the same as last year with the exception of the dates. pg_ /aa 2. 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 IOWA AVENUE PROPERTY LLC, AND TENANT 808 RESTAURANT 8 NIGHTCLUB, INC., D/B/A 808 RESTAURANT & NIGHTCLUB, FOR A SIDEWALK CAFE. Comment: Iowa Avenue Property LLC, as landowner, and 808 Restaurant & Nightclub, Inc., d/b/a as 808 Restaurant & Nightclub, seek a renewal of a license agreement for temporary use of public right-of- way at 121 Iowa Avenue, 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. psi- /a3 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 MARC MOEN ET AL, AND TENANT LINN STREET CAFE, INC., D/B/A LINN STREET CAFE, FOR A SIDEWALK CAFE. Comment: Marc Moen, et al, as landowner, and Linn Street Cafe, Inc., d/b/a as Linn Street Cafe, seek a renewal of a license agreement for temporary use of public right-of-way at 121 N. Linn Street, 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. April 20, 2009 City of Iowa City Page 6 oq~ /a~- 4. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SECOND, TWO - MONTH EXTENSION OF THE AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC. Comment: The City's agreement with Public Access Television, Inc. ("PATV") ends on May 1, 2009. City staff and PATV are negotiating the terms of a new agreement. This resolution approves an amendment to extend the current contract by two (2) months to allow additional time to reach a new agreement. Og ~ ~4~ 5. 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 HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 2704 BROOKSIDE DRIVE, IOWA CITY, IOWA. Comment: Hills Bank and Trust has requested that the City approve a Subordination Agreement for property at 2704 Brookside Drive. On September 29, 2006, the owner 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. g) Correspondence. 1. Acting Traffic Engineering Planner: Installation of (2) YIELD signs at the Wild Prairie Drive/Prairie Grass Lane intersection 2. Iowa City Community School facility plan: Anne Bendixen, Mary Knudson(2), Paula Swygard 3. Charlotte Walker: Thank you 4. Urban Chickens: Stacey Driscoll, Alicia Koch, Trudi Starbeck-Miller[staff response included] 5. Jill Smith: Bicycles, littering, and smoking on Pedestrian Plaza 6. Mark Phalen: Web Site [staff response included] 7. Albert Gibson: Fieldhouse alcohol license 8. Bobby Hollis: Iowa City tourism potential 9. David & Robin House: Crime in Iowa City 10. Sunil Gulati: FIFA World Cup soccer tournament 11. Dubuque Street parking 8~ loading zones: Rick Kaster, Niki Neems, Connie Parsons, Anne Nusser Rizzo 12. Cliff Pirnat: Flood protection 13. Russell Haught: Fire station funding 14. Garry Klein: Budget priorities 15. Cindy Clark, Dave Panther, Jay Ogden: North Linn Street repair [12 signatures included] 16. Protest of Rezoning Northside Historic District: Twenty-one signatures attached 17. Gary Sanders: Zoning to limit bars 18. Gary Sanders: Farmers Market vendors meeting and survey results ~~ ~~ ~,~®~ CITY 4F [t7VtlR CITY . ,~~~~~ ~ ~ D ~ ~ ~E~~JR TO: Mayor, City Council, General Public FROM: City Clerk RE: Revision/Additions April 20 nda CONSENT CALENDAR (Additions): ITEM 5g(4) Urban Chickens: Val Donohoe (5) Jill Smith: Bicycles, littering and smoking on Pedestrian Plaza [Staff response included] ~ (11) Dubuque Street parking & loading zones: Andrea Rauer ***** ITEM 7a (Revision) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MAY 5 ON AN ORDINANCE REZONING APPROXIMATELY 23.25 ACRES OF PROPERTY LOCATED ALONG THE 300 - 500 BLOCKS OF N. GILBERT STREET, THE 300 - 700 BLOCKS OF N. LINN STREET, THE 200 - 300 BLOCKS OF CHURCH STREET, THE 200 - 500 BLOCKS OF FAIRCHILD STREET, AND 200 - 400 BLOCKS OF DAVENPORT STREET FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS-12) ZONE TO HISTORIC DISTRICT OVERLAY/ NEIGHBORHOOD STABILIZATION RESIDENTIAL (OHD/RNS-12) ZONE AND FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) ZONE TO HISTORIC DISTRICT OVERLAY/MEDIUM DENSITY SINGLE FAMILY (OHD/RS-8) ZONE. (REZ09-00001) ***** April 20, 2009 City of Iowa City Page END OF CONSENT CALENDAR. 7 ITEM 6. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. ~ ~ ~~ ITEM 7. PLANNING AND ZONING MATTERS. (Item's "a, b, c, d, e" 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~ UBLIC HEARING FOR MAY 5 ON AN OR~INANCE REZONING APP XIMATELY 23.25 ACRES OF PROPERTY L0~4TED ALONG THE 300 - 0 BLOCKS OF N. GILBERT STREET, THE 30 - 700 BLOCKS OF N. LI STREET, THE 200 - 300 BLOCKS OF CHUR STREET, THE 200 - 500 LOCKS OF FAIRCHILD STREET, AND 200 400 BLOCKS OF DAVE ORT STREET FROM NEIGHBORHOOD STA LIZATION RESIDENTIAL RNS-12) ZONE TO HISTORIC DISTRICT O RLAY / NEIGHBORHOO STABILIZATION ~~~ ~ RESIDENTIAL (OHD/RNS-12) NE AND FROM MEDIUM ENSITY SINGLE ~-~"-% FAMILY (RS-8) ZONE TO STORK DISTRICT OV LAY/MEDIUM DENSITY SINGLE FAMILY (OHD/R -8) ZONE. (REZ09-00001) Comment: At its April 2 meeting, by a Jbte of 6-0 (Plahutnik abstaining), the Planning and Zoning Commission recommended approval of this rezoning. At its March 12 meeting by a vote of (7-0 Hirschman, Michaud and Wagner absent) the Historic Preservation Commission also recommended approval. Staff recommended approval in a report dated March 7. Approval will establish the Northside Historic Preservation District and require that the Historic Preservation Commission review demolition permits and building permits that affect the exterior of buildings within the district. Action: ~ ~ / /~// Q,e~Ps r ~r_,--',®~ CITY OF IQ1NA CITY ~! ~m ~~'~ -~c.as._ TO: Mayor, City Council, General Public FROM: City Clerk RE: Revision/Additions April 20 Agenda CONSENT CALENDAR (Additions): ITEM 5g(4) Urban Chickens: Val Donohoe (5) Jill Smith: Bicycles, littering and smoking on Pedestrian Plaza [Staff response included] (11) Dubuque Street parking & loading zones: Andrea Rauer ***** ITEM 7a (Revision) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MAY 5 ON AN ORDINANCE REZONING APPROXIMATELY 23.25 ACRES OF PROPERTY LOCATED ALONG THE 300 - 500 BLOCKS OF N. GILBERT STREET, THE 300 - 700 BLOCKS OF N. LINN STREET, THE 200 - 300 BLOCKS OF CHURCH STREET, THE 200 - 500 BLOCKS OF FAIRCHILD STREET, AND 200 - 400 BLOCKS OF DAVENPORT STREET FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS-12) ZONE TO HISTORIC DISTRICT OVERLAY/ NEIGHBORHOOD STABILIZATION RESIDENTIAL (OHD/RNS-12) ZONE AND FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) ZONE TO HISTORIC DISTRICT OVERLAY/MEDIUM DENSITY SINGLE FAMILY (OHD/RS-8) ZONE. (REZ09-00001) ***** April 20, 2009 City of Iowa City Page b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MAY 5 ON AN ORDINANCE AMENDING TITLE 14, ZONING, ESTABLISHING DEFINITIONS AND A USE CLASSIFICATION PROCEDURE FOR DRINKING ESTABLISHMENTS AND ALCOHOL SALES-ORIENTED RETAIL USES AND ESTABLISHING MINIMUM SPACING REQUIREMENTS FOR SAID USES. Comment: It is anticipated the Planning and Zoning Commission will make a recommendation regarding this ordinance at its April 16 meeting. Staff recommended approval in a report dated March 5. Approval will establish a minimum separation requirement between bars in all commercial zones that allow these uses and a minimum separation requirement in the Central Business Zones between retail establishments, such as liquor stores that sell a significant amount of alcoholic beverages for off-site consumption. The setting of this public hearing will impose a 60-day moratorium on the establishment of land uses that would be contrary to the proposed ordinance. Staff memorandum included in Council packet. Action: c) CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY .98 ACRES OF PROPERTY LOCATED NORTH OF ROHRET ROAD FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, 40.13 ACRES. FROM RURAL RESIDENTIAL (RR-1) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) AND 60.28 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPD-5). (REZ08- 00011) (SECOND CONSIDERATION) 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. Correspondence included in Council packet. Action: L~iI~~~'~ic ~ Q'.~ ~ ~v ~ ~~ri, ~//~~s ~/a „~ ,. ~r•~ Co~~~ April 20, 2009 City of Iowa City Page 9 d) CONSIDER A LETTER TO THE JOHNSON COUNTY BOARD OF SUPERVISORS RECOMMENDING THAT IF THIS REZONING FROM COUNTY AGRICULTURE (A) TO COUNTY RESIDENTIAL (R) ZONE FOR 39.92 ACRES LOCATED EAST OF BUCHMAYER BEND NE AND WEST OF HWY 1 NE IS APPROVED IT SHOULD BE WITH CONDITIONS. (CZ09- 00002) Comment: At its April 2 meeting, by a vote of 4-2 (Plahutnik and Eastham voting no, Busard abstained), the Planning and Zoning Commission recommended approval of this rezoning if the County determines that it meets the County Land Use Plan. The Commission noted that if the application were to be approved it should be conditioned upon the improvement of Buchmayer Road to County standards, the plat should include stormwater management, a more compact cluster design and the ownership and management of the outlot should be addressed. In a memorandum dated April 2, Staff recommended that if this rezoning is to be approved, it should be conditioned upon a more compact cluster subdivision design, Buchmayer Bend be improved to meet County road performance standards and that the applicant address stormwater detention as well as ownership and management of the outlot. Action: o~~~.~35 e) CONSIDER AN ORDINANCE REZONING APPROXIMATELY 100-ACRES OF LAND LOCATED ON BOTH SIDES OF 420TH STREET SE, WEST OF TAFT AVENUE FROM INTERIM DEVELOPMENT (ID-I) TO GENERAL INDUSTRIAL (I-1) (REZ09-00002) (SECOND CONSIDERATION) Comment: At its March 5 meeting, by a vote of 6-0 (Plahutnik absent), The Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated March 5. Approval will allow this property to be developed with industrial use. Staff recommends expedited action. AGtIOn: ~D ~ ~ r~~~w i~~ eGI~G ~ ~~ u~. ri - I ~ ~x.J Q /O ~~~ Apri120, 2009 City of Iowa City Page 10 ITEM 8. DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE 420T" STREET CORRIDOR IMPROVEMENTS -SANITARY SEWER AND ROADWAY PROJECT. Comment: The City of Iowa City must acquire right-of-way, fee title, permanent easements and/or temporary construction easements to construct the 420th Street Corridor Improvements -Sanitary Sewer and Roadway Project. This public hearing provides interested parties the opportunity to present their views on the project and the proposed acquisition of property rights. This project involves construction of a sanitary trunk sewer from Sioux Avenue to Taft Avenue and construction of a new roadway from Highway 6 to Taft Avenue. a) PUBLIC HEARING Action: C'/OSe~ vqr rab b) CONSIDER A RESOLUTION Action: ~'/~ ITEM 9. APPROVING THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2009. Comment: The Public Housing Authority is required to update the Annual Plan under the Quality Housing and Work Responsibility Act of 1998 ("QHWRA"). The Annual Plan provides details about the Housing Authority's current programs and the residents served, as well as the Housing Authority's strategy for addressing the housing needs currently assisted families and the larger community (See Attached Staff Memo). a) PUBLIC HEARING Action: L ~~_ /a~ b) CONSIDER A RESOLUTION Action: X ~ ~lLr Cam[ ~4 ~d April 20, 2009 City of Iowa City Page 11 ITEM 10. AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2010 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING Comment: JCCOG will be filing an application on behalf of Iowa City Transit with Iowa DOT for State Transit Assistance (STA) and Federal Transit Administration (FTA) funding for FY10. Iowa City Transit will be receiving approximately $414,979 in Iowa DOT SWTA formula funds and is applying for $4,182,900 in FTA capital funding and approximately $1,290,628 of FTA operating funds. The attached memorandum lists the capital projects that will be applied for in FY10 by Iowa City Transit. a) PUBLIC HEARING Action: 0 9- gag b) CONSIDER A RESOLUTION Action: ITEM 11. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION 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: This project consists of expanding the gas collection system at the landfill site to meet current state and federal landfill rules. The system will collect landfill gases from the site for treatment by an enclosed flare before being released to the atmosphere. The engineer's estimate of construction cost is $345,000 and will be funded with landfill revenues. a) PUBLIC HEARING Action: pq.. )a~ b) CONSIDER A RESOLUTION Action: r~ J 7 c~ Apri120, 2009 City of Iowa City Yage 12 ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS, " TO ELIMINATE THE CAP ON TEMPORARY SIDEWALK PERMITS AND TO EXPAND THE PERMIT FOR FRIDAYS DURING THE SUMMER BY ESTABLISHING ANEW SIDEWALK RETAILING PERMIT. (FIRST CONSIDERATION) Comment: Temporary sidewalk permits are primarily used for "sidewalk days" in the downtown. This ordinance increases the flexibility of the permits by eliminating the cap (present limit is three per year) and the duration (one permit is limited to Fridays to coincide with the Friday Night Concert Series.) It also creates a new sidewalk retailing permit that is available to a business on an annual basis on Thursdays through Sundays from March through October. This idea originated with the Downtown Association of Iowa City, and the packet contains a memo from the Assistant City Manager with more detail. The ordinance provides that rules for the sidewalk retailing permit will be established by staff, and the memo sets forth the proposed rules. Action: ITEM 13. CONSIDER AN ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, 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. (SECOND CONSIDERATION) Comment: This proposed ordinance would increase solid waste collection fees by approximately. three and one half percent (3.5%). Currently the fee is $14.50 per month; the increase would change the fee to $15.00, effective July 1, 2009. This action is necessary due to annual increases in operational costs. The last fee increase was effective July 1, 2008. Action: ITEM 14. CONSIDER AN ORDINANCE AMENDING TITLE 9 ENTITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 7 ENTITLED "VEHICLE SIZE, WEIGHT AND LOAD," TO RESTRICT LARGE TRUCK TRAFFIC ON NORTH SUMMIT STREET AND DEWEY STREET. (SECOND CONSIDERATION) Comment: This Ordinance will amend the City Code to add North Summit Street and Dewey Street to the list of streets where vehicles weighing more than 16 tons are prohibited. The existing streets where large trucks are embargoed include Kirkwood Avenue, South Summit Street, Lower Muscatine Road, and First Avenue. This action has been requested by residents of North Summit Street and Dewey Street; staff found that large trucks have damaged fire hydrants, curbs and sidewalks on these streets due to the narrow right-of-way. Action: Apri120, 2009 City of Iowa City Page 13 ITEM 15. CONSIDER A RESOLUTION APPROVING A REVISED DEER MANAGEMENT pqr 130 PLAN AND RESCINDING RESOLUTION NO. 08-122. Comment: Resolution No. 08-122 adopted a deer management plan. This resolution will revise the plan by deleting reference to the winter of "2008-2009" and substituting "2009-2010" in lieu thereof. A staff memo and additional correspondence is included in Council's packet. Action: .ITEM 16. CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER AND MAYOR U`~ - X31 TO SIGN GRANT AGREEMENTS FOR FLOOD RELIEF ASSISTANCE FROM THE STATE OF IOWA AND THE FEDERAL GOVERNMENT. Comment: The City has applied for a variety of federal and state grants for flood assistance that staff anticipates will be approved in the near future. The State of Iowa additionally has periodically informed City staff that state funds for disaster recovery are available. Previously, there has been a resolution approving each grant agreement, and this resolution authorizes both the Mayor and City Manager to sign grant agreements including the Hazard Mitigation Grant Program (HMGP) (a/k!a the "buyout") without the need for Council to approve each one individually. Action: ~~ Q qj 0 S JC/ ~~ ITEM 17. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST INTERLOCAL AGREEMENTS BETWEEN THE CITY OF IOWA Og-13~ CITY AND THE CITY OF NORTH LIBERTY, IOWA, THE CITY OF CORALVILLE, IOWA AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS Comment: The Iowa City Police Department, in partnership with City of North Liberty Police Department, City of Coralville Police Department and the Johnson County Sheriff's Office, is making application for the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) program administered by the U.S. Department of Justice under the American Recovery and Reinvestment Act of 2009. The Departments were notified that they were eligible for a total of $299,441, with Johnson County being allocated $55,927, Iowa City being allocated $192,831, Coralville being allocated $32,041 and North Liberty being allocated $18,642. These allocations are based on a formula of population and violent crime statistics in combination with a minimum allocation to ensure each entity receives an appropriate share of the funding. In accordance with past practice and the application process, the parties have agreed that the City of Iowa City will take responsibility for application and management of this grant under the terms of the interlocal agreements. Staff memorandum included in Council packet. Action: '/ ~~ SQL ~ _ ~s r r a i ~ l __....., ~O April 20, 2009 City of Iowa City Page 14 ITEM 18. APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $ $8,660,000 SEWER REVENUE REFUNDING CAPITOL LOAN NOTES, SERIES 2009A Comment: This resolution provides final authorization for the issuance of $8,660,000 Sewer Revenue Refunding Capital Loan Notes. The Tax Exempt Certificate sets out a number of facts, promises and obligations which must be met and agreed to by the City in order to maintain these Notes as tax exempt. The Continuing Disclosure Certificate is being executed for the benefit of the holders and beneficial owners of the notes and in order to comply with the Securities Exchange Commission (SEC) rule 15c2-12. a) CONSIDER A MOTION APPROVING TAX EXEMPTION CERTIFICATE b) ~~~> Action: CONSIDER A MOTION APPROVING CONTINUING DISCLOSURE CERTIFICATE Action: CONSIDER A RESOLUTION Action: ~`l u~ n s Apri120, 2009 City of Iowa City Page 15 ITEM 19. APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $ $9,750,000 WATER REVENUE REFUNDING CAPITOL LOAN NOTES, SERIES 20096 Comment: This resolution provides final authorization for the issuance of $9,750,000 Water Revenue Refunding Capital Loan Notes. The Tax Exempt Certificate sets out a number of facts, promises and obligations which must be met and agreed to by the City in order to maintain these Notes as tax exempt. The Continuing Disclosure Certificate is being executed for the benefit of the holders and beneficial owners of the notes and in order to comply with the Securities Exchange Commission (SEC) rule 15c2-12. a) CONSIDER A MOTION APPROVING TAX EXEMPTION CERTIFICATE Action: ' Q,/~ ~~s b) CONSIDER A MOTION APPROVING CONTINUING DISCLOSURE CERTIFICATE Action: ~a~~~~ ~'~ C~ // ORS 13~{- c) CONSIDER A RESOLUTION Action: Q ~ C'Orre~~ ~~ ITEM 20. 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 Adjustment -One vacancy to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011. (Carl Williams resigned) (2 males and 0 females 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) (2 males and 0 females currently serve). c) Airport Zoning Commission -One vacancy to fill asix-year term January 1, 2006 -December 31, 2011. (Term expires for Mark Anderson) (3 males and 0 females currently serve). d) 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). Apri120, 2009 City of Iowa City Page 16 e) Human Rights Commission -One vacancy to fill an unexpired term, effective upon appointment, ending January 1, 2010. (Joy Kross resigned) (4 males and 4 females currently serve). f) Youth Advisory Commission -One vacancy to fill atwo-year term One (1) person -Tate High January 1, 2009 -December 31, 2010. 3 males and 3 females currently serve) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MAY 13, 2009. New: ~,~ g) Board of Adjustment -One vacancy to fill an unexpired term, effective upon ,~`~ ~~ ~i ~~jW~~- appointment, plus a five-year term ending January 1, 2015. (Ned Wood resigned) (2 males and 2 females currently serve). See correspondence _ included in Council packet. ~~ APPL CI ATIONS M~ RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 10, 2009. ~~~ ~ ITEM 21. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 22. CITY COUNCIL INFORMATION. .~ P~~~ ITEM 23. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. ~c°P' PjC `I'V'~_ b) City Attorney. c) City Clerk. ITEM 24. ADJOURNMENT ~~16u~~z~~~~ ~~ 5 ~~~ ~ (( r~~i