HomeMy WebLinkAbout2009-10-20 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
Iowa City
City Council Agenda
Regular Formal
October 20, 2009 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street
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ITEM 1. CALL TO ORDER. ~~~ ~'/~/
ROLL CALL. ~J
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CITY OF IOWA CITY
www.icgov.org
ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Weber Elementary
a) Janah Bismillah
b) Ryan Smith
c) Rebekah Tokuhisa _ ~ J'v"
ITEM 3. PROCLAMATIONS. ~3~u~v
a) Change your Clock, Change your Battery Day: November 1, 2009
ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESEN D OR
AMENDED.
a) Approval of Council Actions, subject to corrections, as recommended by
the City Clerk.
1. September 28, Special Council Work Session
2. September 29, Special Council Formal Official and Complete
3. October 5, Regular Council Work Session
4. October 6, Regular 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. Housing and Community Development Commission: July 16, 2009
2. Youth Advisory Commission: September 27, 2009
3. Youth Advisory Commission: October 1, 2009
4. Historic Preservation Commission: September 10, 2009
5. Police Citizens Review Board: September 8, 2009
October 20, 2009 City of Iowa City Page 2
c) Permit Motions and Resolutions as Recommended by the City Clerk.
New:
1. Class C Liquor License for Jobsite, LLC, dba Jobsite, 928 Maiden Lane.
Renewal:
2. Class C Liquor License for HMDS, Inc., dba Grizzly's South Side Pub,
1210 Highland Ct.
3. Class C Liquor License for Christian Retirement Services, Inc. dba
Oaknoll Retirement Residence, 1 Oaknoll Ct.
4. Class E Liquor License for Wal-Mart Stores, Inc., dba Wal-Mart Store
#1721, 1001 Hwy 1 W.
d) Motions.
1. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN
THE AMOUNT OF $11,146,065.69 FOR THE PERIOD OF
SEPTEMBER 1 THROUGH SEPTEMBER 30, 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.
2. CONSIDER A MOTION TO APPROVE THE ABSTRACT OF
VOTES FOR THE IOWA CITY ELECTION HELD ON
OCTOBER 6, 2009.
e) Public Hearings.
d9- '+~ 1. CONSIDER A RESOLUTION OF INTENT TO CONSIDER THE
PROPOSED CONVEYANCE OF THE VACATED PORTION OF COURT
STREET WEST OF MADISON STREET, AND FRONT STREET SOUTH
OF BURLINGTON STREET, AND SETTING A PUBLIC HEARING FOR
NOVEMBER 2, 2009.
Comment: In 2007, Council vacated and agreed to convey certain
portions of the Court and Front Street rights-of-way to the University with
the contingency that the City retaining a blanket utility easement over
these vacated parcels to protect the existing City utility and MidAm utility
easement in this area. The University has instead negotiated separate
easement agreements with MidAm and the City, thus a blanket utility is
no longer necessary. A new resolution, however, conveying this property
is required in order to modify the original easement contingency.
October 20, 2009 City of Iowa City Page 3
09- 3a~
2. CONSIDER A .RESOLUTION SETTING A PUBLIC HEARING FOR
NOVEMBER 2, 2009, ON AMENDING TITLE 3, FINANCES
TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8,
PARKING VIOLATIONS TO ADD A $50 PENALTY FOR SNOW
EMERGENCY PARKING VIOLATIONS.
Comment: This resolution sets a public hearing on November 2,
2009, to amend the penalty for violation of the snow emergency parking
ordinance from $15.00 to $50.00. This amendment is being proposed in
an effort to encourage compliance with the parking regulations during a
snow emergency so snow and ice can be better cleared from the
roadways.
~Q^ 3aF 3. CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR
NOVEMBER 2, 2009 ON AN ORDINANCE AMENDING TITLE 12,
ENTITLED "FRANCHISES", OF THE CITY CODE TO ADD A
CHAPTER IMPOSING A FRANCHISE FEE ON THE GROSS
REVENUE OF FRANCHISEE MIDAMERICAN ENERGY COMPANY
DERIVED FROM THE DISTRIBUTION AND RETAIL SALE OF
ELECTRICITY AND THE DISTRIBUTION, DELIVERY AND RETAIL
SALE OF NATURAL GAS BY MIDAMERICAN, OR OTHER NATURAL
GAS PROVIDERS UTILIZING THE DISTRIBUTION SYSTEM OF
MIDAMERICAN, TO CUSTOMERS WITHIN THE CURRENT OR
FUTURE CORPORATE LIMITS OF THE CITY OF IOWA CITY, AND
ON A REVENUE PURPOSE STATEMENT SPECIFYING THE
PURPOSE OR PURPOSES FOR WHICH THE REVENUE
COLLECTED FROM THE FRANCHISE FEE WILL BE EXPENDED,
AND DIRECTING THE CITY CLERK TO CAUSE NOTICE OF SAID
PUBLIC HEARING AND SAID REVENUE PURPOSE STATEMENT TO
BE PUBLISHED AS PROVIDED BY LAW.
Comment: Iowa City's current gas and electric franchises with
MidAmerican Energy Company reserve to the City the right to impose a
franchise fee on MidAmerican's gross revenue from the sale of
electricity and natural gas. Senate File 478 enacted by the state
legislature during the 2009 session legalized such a franchise fee. This
legislation requires the City, prior to adopting a franchise fee rate
ordinance, to prepare and publish a revenue purpose statement
specifying the purpose or purposes for which the revenue collected from
the franchise fee will be expended. In accordance with Council direction
the proposed ordinance includes the revenue purpose statement and
imposes a 2% franchise fee.
October 20, 2009 City of Iowa City Page 4
f)
Resolutions.
oq. ~~ 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 500 MANOR
DRIVE, IOWA CITY, IOWA.
Comment: The owner of the property located at 500 Manor Drive
received flood rehabilitation assistance through the state Jumpstart
program on June 19, 2009. The subordination will not change the City's
current position.
pq..330 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT FOR 3417 JAMIE LANE.
Comment: The owners of the property located at 3417 Jamie Lane
received a Second Mortgage through the Downpayment Assistance
Program on July 15, 2008. The property has enough equity to cover the
City's lien position.
g) Correspondence.
1. Acting JCCOG Traffic Engineering Planner: Installation of NO PARKING
ANYTIME signs on McCollister Boulevard
2. JCCOG Traffic Engineering Planner: Installation of NO PARKING
ANYTIME signs on the west side of Westbury Drive between
Middlebury Road an Glastonbury Street
3. George and Barb Sondag: Flood protection
4. Mark Moody: Buyout questions [staff response included]
5. Jim Walters: Article on Phoenix's light rail system
6. Nancy Hitchon: Landfill odor
7. James Ebbers: Sidewalk repair [staff response included]
8. Mary Sturm: SWAT and bomb squad
9. Utility franchise tax: John Darnauer, Caroline Dieterle ~-~~-~~:~
10. Southeast Iowa City: Jerry Hansen, B.P. Waterbury
11. Patty Villhauer: Perfect Analogy
12. Fred Stern(X2): Disorderly behavior in Brookland Park neighborhood
END OF CONSENT CALENDAR. ~
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ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to "City Council Information"
item.
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CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: Addition October 20
Consent Calendar
4g(9) (Addition) Franchise Fee: B.P. Waterbury
*****
October 20, 2009 City of Iowa City Page
ITEM 6. PLANNING AND ZONING MATTERS.
a) CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING, TO ALLOW
~, `i'3r~g 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. (PASS AND ADOPT)
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.
Action:
~~.-~3~g 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)
(PASS AND ADOPT)
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:
October 20, 2009 City of Iowa City Page 6
ITEM 7. AUTHORIZING CONVEYANCE OF 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 and 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-
income family to obtain ownership of their own home.
a)
PUBLIC' "~""""'
Action:
pq - 3~ 1 b) CONSIDER A RESOLUTION
Action: ~ Yr
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ITEM 8. AMENDING THE FY2010 OPERATING BUDGET
Comment: Due to a publication error a motion needs to be made resetting the
public hearing for November 2, 2009. This public hearing should be opened and
closed and the resolution adopted.
a) PUBLIC HEARING
Action:
~ ~ 33a b) CONSIDER A RESOLUTION RESETTING A PUBLIC HEARING
Action:
ITEM 9. CONSIDER AN ORDINANCE 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. (SECOND CONSIDERATION)
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.
Action:
October 20, 2009
City of Iowa City
Page
ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 4, "ALCOHOLIC BEVERAGES".
CHAPTER 5, "PROHIBITIONS AND RESTRICTIONS", SECTION 3,
oq. ~#-3(vo "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. (PASS AND ADOPT)
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.
Action:
ITEM 11.
aq- 333
CONSIDER RESOLUTION DIRECTING SALE OF $10,000,000 PARKI
REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F.
Comment: Bids were received at 10:00 a.m. on October 20, 2009, for the sale of
$10,000,000 Parking Revenue Refunding Capital Loan Notes. This resolution ratifies
and confirms the actions of the Finance Director and City Clerk in the determination of
the most favorable bid.
Action:
ITEM 12. CONSIDER RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING
09- 33~ PARKING SYSTEM REVENUE BONDS, DATED DECEMBER 1, 1999. 7~a3
Comment: See above.
Action: ~
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October 20, 2009 City of Iowa City Page
ITEM 13. CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN
AGREEMENT FOR I-JOBS GRANT FUNDS FOR THE UNIVERCITY
Oq ~ 33~ ~ NEIGHBORHOOD PARTNERSHIP PROGRAM.
Comment: The State has awarded the City $1 million to assist in the acquisition and
rehabilitation of 20 single-family homes to provide affordable housing in designated
neighborhoods surrounding the University of Iowa Campus for affordable housing.
This is a joint effort between the University of Iowa and the City to encourage home
ownership and reinvestment in these neighborhoods. Special consideration in
homebuyer selection will be given to downtown workers, University faculty and staff,
and Iowa City Community School District employees who meet income qualifications.
This resolution authorizes the city manager to sign the grant agreement.
Action:
ITEM 14. CONSIDER A MOTION GRANTING A 60-DAY EXTENSION TO THE POLICE
CITIZENS REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT WITH THE
CITY COUNCIL ON COMPLAINT #09-03.
Comment: Ordinance 97-3792 establishes the Police Citizens Review Board and sets
forth mechanisms for complaints. The Ordinance also provides the City Council to
grant extensions of the 45-day reporting requirement for good cause. At their meeting
of October 13, 2009, the Board requested a 60-day extension. Correspondence
included in the Council packet.
Action:
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ITEM 15. CONSIDER A MOTION GRANTING A 45-DAY EXTENSION TO THE POLICE
CITIZENS REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT WITH THE
CITY COUNCIL ON COMPLAINT #09-04.
Comment: Ordinance 97-3792 establishes the Police Citizens Review Board and sets
forth mechanisms for complaints. The Ordinance also provides the City Council to
grant extensions of the 45-day reporting requirement for good cause. At their meeting
of October 13, 2009, the Board requested a 45-day extension. Correspondence
included in the Council packet.
Action: /yQ,G~~fY1 /.l~rl ;
October 20, 2009 City of Iowa City Page 9
ITEM 16. CONSIDER A MOTION GRANTING A 60-DAY EXTENSION TO THE POLICE
CITIZENS REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT WITH THE
CITY COUNCIL ON COMPLAINT #09-05.
Comment: Ordinance 97-3792 establishes the Police Citizens Review Board and sets
forth mechanisms for complaints. The Ordinance also provides the City Council to
grant extensions of the 45-day reporting requirement for good cause. At their meeting
of October 13, 2009, the Board requested a 60-day extension. Correspondence
included in the Council packet.
Action:
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 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).
b) 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).
c) 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).
d) 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).
e) Public Art Advisorv 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).
f) 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).
October 20, 2009 City of Iowa City Page 10
g) 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.
h) 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.
i) 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).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, NOVEMBER 18, 2009.
ITEM 18. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18
years of age unless specific qualifications are stated.
a) Airport Zoning Brd of Adiustment -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).
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b) Airport Zoning Brd of Adiustment -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).
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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).
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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 serv/e).
~tG ~ a~dv r~i~se.
October 20, 2009 City of Iowa City Page 11
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) /,
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f) Youth Advisory Commission -One vacancy to fill a two-year term
One (1) person -Tate High
January 1, 2009 -December 31, 2010.
(1 male and 1 female currently sere )
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ITEM 19. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
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ITEM 20. CITY COUNCIL INFORMATION.
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ITEM 21
REPORT ON ITEMS FROM CITY STAFF.
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a) City Manager.
b) City Attorney. ~ 4 '
c) City Clerk. ~ d
ITEM 22. ADJOURNMENT
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