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HomeMy WebLinkAbout2009-10-06 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 -~-~-- CITY OF IOWA CITY Regular Formal October 6, 2009 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street- www.icgov.org ITEM 1 CALL TO ORDER. ROLL CALL. ~'~~ ~l~ ITEM 2. ITEM 3. ITEM 4. OUTSTANDING STUDENT CITIZENSHIP AWARDS. Roosevelt Elementary a) Mariah Davis b) Jessie Harder /~ ~~ c) Zainab Makky ~~l~w , ~~~ GG~` 1 C~~~~Y'r' " PROCLAMATIONS. 0~~~ -~~^~ j~ Y~, a) White Cane Safety Day -October 15, 2009 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. September 28, 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. Airport Commission: August 20, 2009 2. Youth Advisory Commission: August 26, 2009 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Special Class C Liquor License for Prairie Lights Books, Inc., dba Times Club at Prairie Lights, 15 S. Dubuque St. October 6, 2009 City of Iowa City Page 2 ~9- 3~9 d) oQ -Sao 2. Class B Wine Permit for Prairie Lights Prairie Lights, 15 S. Dubuque St. 3. Class C Liquor License for Blue Moose, Ave. Renewal: Books, Inc., dba Times Club at Inc., dba Blue Moose, 211 Iowa 4. Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St. 5. Class E Liquor License for Sauce, Inc., dba Sauce, 108 E. College St. 6. Class C Liquor License for Los Portales Mexican Restaurant, Inc., dba Los Portales, 1402 S. Gilbert St. 7. Class C Liquor License for Caffrey, Inc., dba DC's, 124 S. Dubuque St. 8. Special Class C Liquor License for Guido's, Inc., dba Guido's Deli, 227 E. First St 9. Outdoor Service Area for Guido's, Inc., dba Guido's Deli, 227 E. First St 10. Class C Beer Permit for HWZ, LLC, dba RJ'Z Express, 2 Escort Ln. 11. Class B Native Wine Permit for HWZ, LLC, dba RJ'Z Express, 2 Escort Ln. 12. Special Class C Liquor License for Angela, Inc., dba Masala, 9 S. Dubuque St. 13. Resolution to issue dance permit to Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave. Public Hearing. 1. CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR OCTOBER 20, 2009, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 983 LONGFELLOW PLACE. Comment: The Iowa City Housing Authority, under its Affordable Dream Home Program, proposes to sell 983 Longfellow Place. The amount of the sale will be $145,000. The family meets income eligibility criteria. The family has received a written commitment for a mortgage from a local bank in the amount of $108,750. The City will provide a second mortgage for the remaining $36,250. This sale will provide the opportunity for alow- incomefamily to obtain ownership of their own home. aq - 331 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON AMENDING THE FY2010 OPERATING BUDGET. Comment: This resolution sets a public hearing for October 20, 2009 to amend the FY2010 budget. Information will be available to the public on October 9, 2009. October 6, 2009 City of Iowa City Page 3 e) Resolutions. 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN °q- gad -- AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A THIRD MORTGAGE FOR THE PROPERTY LOCATED 2750 IRVING AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 2750 Irving Avenue received assistance through the City of Iowa City's Downpayment Assistance Program. The terms of the loan have been satisfied; thus the lien needs to be released. f) Correspondence. 1. Lori Cardella: Information on the Franchise Fee [staff response included]~~ 2. Eve Casserly: September 18 Senior Center Forum ~.,~~~ 3. Curfew: Brian Bradley, Kathryn Hannemann, Cindy Roberts ~~ END OF CONSENT CALENDAR. 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. a) CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING, TO ALLOW COMMUNICATION TOWERS IN THE INTERIM DEVELOPMENT RESIDENTIAL (ID-RS AND ID-RM) ZONES BY SPECIAL EXCEPTION, SPECIFY DOCUMENTATION REQUIREMENTS FOR SPECIAL EXCEPTIONS FOR COMMUNICATION TOWERS, CLARIFY CO-LOCATION REQUIREMENTS, AND ADD A REQUIREMENT TO REMOVE TOWERS AFTER THE USE IS DISCONTINUED. (SECOND CONSIDERATION) Comment: At its August 20 meeting, by a vote of 6-1 (Plahutnik voting no), the Planning and Zoning Commission recommended approval of this amendment to the zoning code. Staff recommended approval in a memo dated August 14, 2009. Approval of this text amendment will change the current code language, providing a special exception to allow cell towers in the Interim Development Residential zones, specifying documentation requirements for special `~~ exceptions for communication towers, clarifying co-location requirements, and " ~ ~~ adding a requirement to remove towers after the use is discontinued. The applicant has requested expedited consideration of this amendment. ~ P,~,~r~ ~~ ~ Action: r ~~'-_,.,,,®~~ C I T Y Q F 1 4 W A C I T Y ~ ~ ~a u ~~~R TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions October 6 Consent Calendar 4f(1) (Additions) Franchise Fee: Dana Hall, Sterling Saunders, Rachel Corrigan 4f(3) (Additions) Curfew: Cindy Roberts (2); Curfew -- and Yard waste bags with staff response included: Judy Leonard ***** October 6, 2009 City of Iowa City Page b) CONSIDER AN ORDINANCE REZONING 3,450 SQUARE FEET OF LAND LOCATED AT 611 SOUTHGATE AVENUE FROM COMMUNITY COMMERCIAL (CC-2) TO INTENSIVE COMMERICAL (CI-1) (REZ09-00005) (SECOND CONSIDERATION) Comment: At its August 20 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated August 20. Approval will allow this property to be developed for intensive commercial uses. Action: r v .tea ITEM 7. INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,000,000 PARKING SYSTEM REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009E Comment: This public hearing is being held to receive comment regarding the issuance of up to $10,000,000 Parking System Revenue Refunding Capital Loan Notes. Note proceeds will be used to refund outstanding parking revenue indebtedness, including the Series 1999 Parking System Revenue Bonds. Refunding this bond issue early will result in anticipated savings of approximately $410,000. This resolution authorizes staff to proceed on the behalf of the City with the sale of the notes, and to take all action necessary to permit the sale of said notes on a basis favorable to the City and acceptable to the City Council. a) PUBLIC HEARING Action: o~c - 3a3 b) CONSIDER A RESOLUTION Action: October 6, 2009 City of Iowa City Page 5 ITEM 8. AMENDING TITLE 3 "CITY FINANCES, TAXATION & FEES," CHAPTER 4 "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 3-4-3 ENTITLED "POTABLE WATER USE AND SERVICE," OF THE CITY CODE, TO INCREASE OR CHANGE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. Comment: This proposed ordinance would increase the non-sufficient funds (NSF) check fee from $15.00 to $25.00. This change is necessary due to increases in operational costs. a) PUBLIC HEARING Action: b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 5, MISCELLANEOUS OFFENSES, TO ADD A NEW SECTION 11, .oq~ 435to ENTITLED "STANDING, LOITERING AND OBSTRUCTING PERSONS." (PASS AND ADOPT). Comment: At the special work session of September 10, the City Council requested this ordinance be added to the September 15 agenda, and requested public input. Action: C~`24~i~~~8'!~. `~iri ~ ~ q Q,f / ~ ~~ ~ ~ 0 (~-rr~~~ ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, ~'y~, '~ CHAPTER 2, LIQUOR LICENSES AND BEER PERMITS, SECTION 3, LOCAL 4.357 REVIEW OF APPLICATION /INVESTIGATION OF APPLICANT. (PASS AND ADOPT) oq ~ Comment: This ordinance amends City Code to codify its policies on applications for renewal of liquor licenses which require review, inspections and investigations of each applicant for a liquor license or beer permit by the fire chief, building official and police chief, and written comments on any disapproval. Recommendations from each department will be due 7 calendar days before the expiration of current licenses, or within 7 calendar days of completion of applications for new license. Renewal applications will no longer be accepted more than 70 days prior to expiration of the present license which will conform to the time frame allowed by the State Alcoholic Beverages Division. The City Council will then review all findings and make a determination to approve or disapprove the application. Action: ~l~f^iG~9~.~ ~~'~~ ,l)9~ October 6, 2009 City of Iowa City Page 6 ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 4, "ALCOHOLIC BEVERAGES". CHAPTER 5, "PROHIBITIONS AND RESTRICTIONS", SECTION 3, "CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS TO EXCLUDE PROPERTY LEASED FROM THE CITY FOR A PERIOD OF 99 YEARS OR MORE FROM THE PROHIBITION ON THE USE AND POSSESSION OF ALCOHOL IN A CITY PARK. (SECOND CONSIDERATION) Comment: Pursuant to a lease dated August 2, 2007 between the City of Iowa City and the State Board of Regents, which was approved by City Council Resolution No. 07-216, the University of Iowa has a 99 year lease for approximately 1.76 acres of Terrell Mill Park for the construction, operation and maintenance of a Boathouse Facility. Under this lease the University is responsible for managing, maintaining and repairing the leased property and the improvements thereon. The University desires, on occasion, to serve alcohol on the premises. The proposed ordinance will exempt such property from the City Code's prohibition on the consumption and possession of alcohol in city parks. Actian: ITEM 12. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT oq - 3a~- BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER WATER MAIN CROSSINGS PROJECT. Comment: This agreement provides for the design, engineering, and construction inspection services for the replacement of two water main crossings across the Iowa River that were partially exposed during the 2008 Flood. The total cost of engineering consultant services is $148,000 and will be funded with Federal Funds through the FEMA Public Assi tance Program; Action: ~~~ ~ _/~~/I~GG~3!? ITEM 13. CONSIDER A RESOLUTION TO ESTABLISH A UNIFORM POLICY REGARDING oq_ 3a5 THE LOWERING OF THE FLAG OF THE UNITED STATES TO HALF STAFF AT CITY BUILDINGS AND RESCIND RESOLUTION NO 71-444. Comment: The City has an outdated resolution regarding the procedure for lowering of the United States Flag. The 1971 resolution is seldom used, and has been the source of various questions over the years. The City Attorney has indicated that the Council has the authority to determine instances in which the flag will be lowered at City facilities and Council directed staff to proceed with the resolution at their September 28, 2009 work session. Action: /L~i~hlc~h_~_.`>!1r11 October 6, 2009 City of Iowa City Page ITEM 14. 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) (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) 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). e) Youth Advisory Commission -Two vacancies to fill unexpired terms, effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011 Two (2) persons - At-Large (Michelle Han, Patrick Diamitani resigned) (1 male 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) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, OCTOBER 14, 2009. g) 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). h) Appeals, Board of -One vacancy to fill afive-year term January 1, 2010 - December 31, 2014, for a Building Design Professional. (Term expires for Stephen Buckman) (3 males and 1 female currently serve). Human Rights Commission -Three vacancies to fill three-year terms January 1, 2010 -January 1, 2013. (Term expires for Kelli Fleming, Eric Kusiak, Newman Abuissa) (2 males and 4 females currently serve). October 6, 2009 City of Iowa City Page 8 j) Parks and Recreation Commission -Two vacancies to fill four-year terms January 1, 2010 -January 1, 2014. (Term expires for John Westefeld, Ryan O'Leary) (4 males and 3 females currently serve). k) Public Art Advisory Committee -One vacancy to fill athree-year term January 1, 2010 -January 1, 2013, for an Art/Design Professional. (Term expires for Mark Seabold) (1 male and 3 females currently serve). I) Senior Center Commission -Three vacancies to fill three-year terms January 1, 2010 - December 31, 2012. (Term expires for Charles Felling, Nancy Wombacher, Sarah Maiers) (2 males and 2 females currently serve). m) Youth Advisory Commission -Two vacancies to fill two-year terms One (1) person -Regina High One (1) person - At-Large January 1, 2010 -December 31, 2011 (Term expires for Hannah Green, Jerry Gao) (1 male and 1 female currently serve) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, OCTOBER 28, 2009. n) Board of Adjustment -One vacancy to fill an unexpired term, effective upon appointment, ending January 1, 2011. (Terry Hora resigned) (2 males and 2 females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, NOVEMBER 4, 2009. New: o) Appeals, Board of -One vacancy to fill an unexpired term, effective upon appointment, ending December 31, 2010, for a Licensed Electrician. (Alan Gerard resigned) (3 males and 1 female currently serve). See correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, NOVEMBER 18, 2009. ITEM 15. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 16. CITY COUNCIL INFORMATION. / October 6, 2009 City of Iowa City Page 9 ITEM 17. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. ~~. ~' X°~`~- b) City Attorney. ©~~' c) City Clerk. , h ,, ITEM 18. ADJOURNMENT r.~