HomeMy WebLinkAbout2009-11-17 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
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City Council Agenda -~--
CITY Of IOWA CITY
Regular Formal
November 17, 2009 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street www.icgov.org
ITEM 1. CALL TO ORDER. ~~~~ y~~,y,> ~ ,.xd, l ~~
ROLL CALL. n_~`,~ ~,~~~5
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ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Shimek Elementary
a) Dylan Leigh
b) Andrew Parr
c) Hailey Verdick
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ITEM 3. PROCLAMATIONS. ,, _ ~ ~~~ ~/~
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a) National Week of Hunger al5d Homel ssness Awareness: November 15-21, 2009
ITEM 4. 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. November 2, Regular Council Work Session
2. November 2, Special Council Formal Official and Complete (1)
3. November 2, Special Council Formal Official and Complete (2)
b) Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
1. Senior Center Commission: August 25, 2009
2. Youth Advisory Commission: October 8, 2009
3. Police Citizens Review Board: October 13, 2009
c) Permit Motions and Resolutions as Recommended by the City Clerk.
New:
1. Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores,
Inc., #950, 2530 Westwinds Dr.
November 17, 2009 City of Iowa City Page 2
2. Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores,
Inc., #034, 2765 Commerce Dr.
Renewal:
3. Class C Liquor License for Lusati, Inc., dba Quinton's Bar & Deli, 215 E.
Washington St.
4. Class C Liquor License for Suzster, Inc., dba Club Car, 122 Wright St.
5. Class C Beer Permit for Aldi, Inc., dba Aldi, Inc., #6, 1534 S. Gilbert St.
6. Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild Wings
Grill & Bar, 201 S. Clinton St.
7. Special Class C Liquor License for India Cafe Corp., dba India Cafe,
227 E. Washington St.
oq-j~}--~1 8. Resolution to issue Dance Permit to Summit Restaurant & Bar, Inc., dba
Summit, 10 S. Clinton St.
d) Resolutions.
1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
v9 - 35o AND THE CITY CLERK TO ATTEST TO THE RELEASE OF
MORTGAGE FOR THE PROPERTY LOCATED AT 2673 INDIGO
COURT, IOWA CITY, IOWA.
Comment: The owner bought the property from the City through the
Affordable Dream Home Program. As part of the purchase, the City
granted the owner a loan which is secured by a mortgage. The owner
recently deeded the property back to the City in lieu of foreclosure, and
the City's mortgage needs to be released.
o~. 3~~ 2. 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 122 E.
MARKET STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 122 E. Market Street
received assistance through the City of Iowa Community Development
Block Grant Funds (CDBG). The terms of the loan have been satisfied;
thus the lien needs to be released.
oq- 3 Sa 3. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS
REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED
AT 440 3RD AVENUE, IOWA CITY, IOWA.
Comment: The owner of the property located at 440 3~d Avenue received
assistance through the City of Iowa City's Housing Rehabilitation
Program. These loans have been paid off; thus these liens need to be
released.
November 17, 2009
City of Iowa City Page 3
oq- 353 4. 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
2122 F STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 2122 F Street received
assistance through the City of Iowa City's General Rehabilitation
Improvement Program (GRIP). This loan has been paid off; thus this lien
needs to be released.
5. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
a9~354 LOWER CITY PARK TENNIS COURT AND BUILDING ELECTRICAL
FLOOD REPAIR 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 Engineer.
pg-355 6. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
2009 PAVEMENT REPLACEMENT FOR WATER MAIN 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.
09_ 3r~/o 7. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
2009 DURABLE PAVEMENT MARKING 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.
04~ 3~7 8. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING
PUBLIC IMPROVEMENTS FOR LYTHAM CONDOMINIUMS, AND
DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC
ACCESS AND USE.
Comment: See Engineer's Report.
09- 35S 9. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR A
CERTAIN WALKWAY AND A CERTAIN SIDEWALK IN LINDEMANN
SUBDIVISION -PART THREE, AND DECLARING THE WALKWAY
AND SIDEWALK OPEN FOR PUBLIC ACCESS AND USE.
Comment: See Engineer's Report.
November 17, 2009 City of Iowa City Page 4
a~ - 35~
10. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
STORM SEWER, TILE LINES, WATER MAIN, SANITARY SEWER,
TEMPORARY TURN AROUND, TRAIL, AND PAVING PUBLIC
IMPROVEMENTS FOR STONE BRIDGE ESTATES -PART SIX, AND
DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS
AND USE.
Comment: See Engineer's Report.
e) Correspondence.
1. Acting Traffic Engineering Planner: Installation of (4) NO PARKING
EVEN/ODD CALENDAR DATES 8AM-5PM, EXCEPT SUNDAYS signs on
200 South Johnson Street
2. Acting Traffic Engineering Planner: Installation of (1) NO PARKING HERE
TO DRIVEWAY sign on Lafayette Street, approximately 50 feet east of
Clinton Street
3. Constance Goeb Cuttell: Appointment to Human Rights Commission
4. Clay Claussen: Appointment to Parks and Recreation Commission
5. Jonathan Williams: Project Citizen
6. Marshal Poe: 225 EFairchild/Northside
7. Maggie McKnight: Chickens in Iowa City
~ 8. Youth Advisory Commission: Neighborhood Safety Forum
~~
END OF CONSENT GgLENDAR.
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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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FROM
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Mayor, City Council, General Public
City Clerk
Additions November 17
Consent Calendar Additions
Correspondence:
4e (9) Douglas Jones: Mosquito Flats Recovery
(10) Crime Related Issues: Michelle Westfall, A.J. Black, Brandon
Khounlo
Motion:
4f) (1) APPROVE THE ABSTRACT OF VOTES FOR THE IOWA CITY
ELECTION HELD ON NOVEMBER 3, 2009.
*****
November 17, 2009 City of Iowa City Page 5
ITEM 6. PLANNING AND ZONING MATTERS. (Item "b" will proceed as outlined in the City
Attorney's memo of 2/28/07 entitled `Rezonings, Due Process and Ex pane
communications.")
a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR DECEMBER 1
ON AN ORDINANCE TO AMEND THE CONDITIONAL ZONING
AGREEMENT BETWEEN WALMART STORES, INC. AND THE CITY OF
IOWA CITY BY MODIFYING THE CONCEPT SITE PLAN FOR AN
APPROXIMATELY 25.16 ACRE PROPERTY LOCATED AT 1001 HIGHWAY
1 WEST. (REZ09-00008)
Comment: At its November 2 meeting, by a vote of 6-1 (Plahutnik voting no),
the Planning and Zoning Commission recommended approval of amendment to
the conditional zoning agreement as proposed in the staff report, provided that
the bus stop remains in the same location as shown on the existing concept site
plan and the public access easement is extended along the drive in front of the
proposed new store. Staff recommended approval of the amended agreement
with these same conditions in a report dated November 2. Approval will allow
Walmart to build a smaller store than originally planned and reserve space on
the property to create two additional commercial building lots.
Action:
b) CONDITIONALLY REZONING APPROXIMATELY 7.91 ACRES OF
PROPERTY LOCATED ON HUNTINGTON DRIVE WEST OF TAFT AVENUE,
FROM INTERIM DEVELOPMENT SINGLE-FAMILY TO MEDIUM DENSITY
SINGLE-FAMILY. (REZ09-00007)
Comment: At its October 15 meeting, by a vote of 6-0 (Busard absent), the
Planning and Zoning Commission recommended approval of this conditional
rezoning. Staff recommended approval of the rezoning in a report dated
October 9. Approval will allow this property to be developed with small lot
single-family houses subject to conditions related to buffering double-fronting
lots from traffic along Taft Avenue and dedication of right-of-way and collection
of construction costs related to the future upgrade of Taft Avenue.
1. PUBLIC HEARING
Action: ~ ~~~%~
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: / ' ~'
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November 17, 2009 City of Iowa City Page 6
c) AMENDING TITLE 14, ZONING CODE, TO ALLOW SPECIALIZED
EDUCATIONAL FACILITIES IN THE INTENSIVE COMMERCIAL (CI-1) ZONE
BY SPECIAL EXCEPTION.
Comment: At its October 15 meeting, by a vote of 6-0 (Busard absent), the
Planning and Zoning Commission recommended approval of this amendment
to the zoning code. Staff recommended approval in a memo dated October 9.
Approval of this amendment will allow Specialized Educational Facilities, which
include non-academic training, such as specialized trade, business, or
commercial courses, music schools, dance studios, martial arts studios,
language schools and other short-term examination preparatory schools, to be
allowed in the CI-1 zone by special exception.
1. PUBLIC HEARING
Action:
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Action:
ORDI ANCE (FIRST CONSIDERATION)
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d) AMENDING TITLE 14, ZONING CODE, TO ALLOW FLEXIBIILITY IN THE
TYPE OF FENCE SCREENING REQUIRED FOR SALVAGE YARDS.
Comment: At its October 15 meeting, by a vote of 5-1 (Eastham-No, Busard
absent), the Planning and Zoning Commission recommended approval of this
amendment to the zoning code. Staff recommended approval in a memo dated
October 9. Approval of this text amendment will change the current code
language, providing the Board of Adjustment discretion to modify the
requirement for solid fencing in areas that will not be visible from public streets
or from public view or where nearby uses will not be harmed by such a
reduction.
PUBLIC HEARING
Action:
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
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November 17, 2009 City of Iowa City Page 7
e) AMENDING TITLE 14, ZONING CODE, TO CORRECT LANGUAGE IN THE
CODE TO ALLOW WHEELCHAIR RAMPS AND STOOPS TO EXTEND INTO
REQUIRED SETBACK AREAS FOR ALL TYPES OF BUILDINGS.
Comment: At its October 15 meeting, by a vote of 6-0 (Busard absent), the
Planning and Zoning Commission recommended approval of this amendment
to the zoning code. Staff recommended approval in a memo dated October 9.
Approval of this text amendment will standardize the language in all base zones
to allow stoops and wheelchair ramps on all types of buildings to extend into the
required setbacks. Currently the code refers to "dwelling unit" whereas it should
refer to "building".
1. PUBLIC HEARING
Actian:
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
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f) AMENDING TITLE 14, ZONING CODE, TO CLARIFY STANDARDS THAT
APPLY TO DUPLEXES AND SINGLE-FAMILY ATTACHED DWELLINGS IN
PLANNED DEVELOPMENT OVERLAY (OPD) ZONES.
Comment: At its October 15 meeting, by a vote of 6-0 (Busard absent), the
Planning and Zoning Commission recommended approval of this amendment
to the zoning code. Staff recommended approval in a memo dated October 9.
Approval of this amendment will clarify the standards that apply to Two Family
Uses (duplexes) and single family attached dwellings when proposed in a
Planned Development Overlay Zone. The current language makes it unclear
how to apply these standards, particularly for condominium developments
where multiple buildings are located on one common lot.
PUBLIC HEARING
Action: ~..~; ~X9~r~
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
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November 17, 2009
City of Iowa City Page 8
g) AMENDING ARTICLE 14-7B-7, "DEVELOPMENT FEES", TO SPECIFY THAT
THE AMOUNT OF THE NEAR SOUTHSIDE NEIGHBORHOOD PARKING
FACILITY DISTRICT IMPACT FEE SHALL BE ADJUSTED ANNUALLY
BASED ON THE NATIONAL HISTORICAL COST INDEXES CONTAINED IN
THE MOST RECENT EDITION OF THE ENGINEERING NEWS RECORD
RATHER THAN THE MEANS SQUARE FOOT COSTS MANUAL AND TO
HOLD ANY NEGATIVE CHANGES TO THE COST INDEX OF THE
PRECEDING YEAR.
Comment: At its October 15 meeting, by a vote of 6-0 (Busard absent), the
Planning and Zoning Commission recommended approval of this amendment
to the zoning code. Staff recommended approval in a memo dated October 9.
As the Means Square Foot Costs Manual is not a reference that is acquired
annually by the City of Iowa and the Engineering News Record is a readily
available and accepted reference tool used by Iowa City's Public Works
Department for the estimation of construction costs, this amendment will allow
use of the Engineering News Record for the accurate estimation and
adjustment of parking facility capital improvement costs upon which to base
current and future parking facility impact fees. In addition, should there be any
negative changes to the cost index, this ordinance holds all such fees at the
rate established in the preceding year.
1. PUBLIC HEARING
Action:
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2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
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ITEM 7. RENEWAL OF CLASS C LIQUOR LICENSE FOR SUMMIT RESTAURANT 8~ BAR
INC. DBA THE SUMMIT, 10 S. CLINTON STREET
Comment; This hearing is the time designated for the Council to consider staff
recommendation to deny the renewal application for a liquor license for the above
mentioned establishment in accordance with City Code 4-2-3. A memo from the Police
Department providing information on the violations and recommendations for denial is
included in the Council packet along with copies of correspondence sent to the
applicant/owner from the City Clerk's office and the Police Department.
a) HEARING
Action: ~~i ~°~q1
b) CONSIDER A MOTION
RECOMMENDATION
Action:
TO DENY IN ACCORDANCE WITH STAFF
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November 17, 2009 City of Iowa City Page 9
ITEM 8. AMENDING TITLE 17, CHAPTER 1, BUILDING CODE, BY ADOPTING THE
INTERNATIONAL BUILDING CODE, 2009 EDITION, AND THE INTERNATIONAL
RESIDENTIAL CODE, INCLUDING APPENDIX F RADON CONTROL METHODS,
2009 EDITION, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND
PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE
PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF
IOWA CITY, IOWA. (FIRST CONSIDERATION)
Comment: The Board of Appeals, at their public meeting on November 2, 2009, voted
unanimously to recommend approval of the code as amended. The preliminary
minutes of the Board of Appeals meeting was included in Council's November 5, 2009
information packet. Staffs memorandum providing a description of notable changes is
included in the Council's packet. The adoption of this code is supported by the Greater
Iowa City Area Homebuilders Association (letter of support in this packet). The Chair
of the Historic Preservation Commission reviewed the code amendments and offered
no further changes.
a) PUBLIC HEARING
Action: ~o ~~//
b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
ITEM 9
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AMENDING TITLE 17, CHAPTER 2, BY ADOPTING THE UNIFORM PLI~MBING
CODE, 2009 EDITION, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF;
TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY
OF THE CITIZENS OF IOWA CITY, IOWA.
Comment: The Board of Appeals, at their public meeting on November 2, 2009, voted
unanimously to recommend approval of the code as amended. The preliminary
minutes of the Board of Appeals meeting was included in Council's November 5, 2009
information packet. Staffs memorandum providing a description of notable changes is
included in the Council's packet. Reference agenda item 8.
a) PUBLIC HEARING
Action:
b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
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November 17, 2009 City of Iowa City Page 10
ITEM 10. AMENDING TITLE 17, CHAPTER 4, MECHANICAL CODE, BY ADOPTING THE
INTERNATIONAL MECHANICAL CODE, 2009 EDITION, PUBLISHED BY THE
INTERNATIONAL CODE COUNCIL, AND PROVIDING FOR CERTAIN
AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE
HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA.
Comment: The Board of Appeals, at their public meeting on November 2, 2009, voted
unanimously to recommend approval of the code as amended. The preliminary
minutes of the Board of Appeals meeting was included in Council's November 5, 2009
information packet. Staffs memorandum providing a description of notable changes is
included in the Council's packet. Reference agenda item 8.
a) PUBLIC HEARING
Action: '~
b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: lQ~~ /~ ~ ~ U
ITEM 11. AMENDING TITLE 17, CHAPTER 13, FUEL GAS CODE, BY ADOPTING THE
INTERNATIONAL FUEL GAS CODE, 2009 EDITION, PUBLISHED BY THE
INTERNATIONAL CODE COUNCIL, AND PROVIDING FOR CERTAIN
AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE
HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA.
Comment: The Board of Appeals, at their public meeting on November 2, 2009, voted
unanimously to recommend approval of the code as amended. The preliminary
minutes of the Board of Appeals meeting was included in Council's November 5, 2009
information packet. Staffs memorandum providing a description of notable changes is
included in the Council's packet. Reference agenda item 8.
a) PUBLIC HEARING
Action:. ~F~ A~~J o~I~p-~
b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
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November 17, 2009 City of Iowa City Page 11
ITEM 12. AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY
ADOPTING THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE TO
REGULATE AND GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY
FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE,
HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND
DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN
THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY
AND PROVIDING FOR THE ISSUANCE OF PERMITS.
Comment: The Board of Appeals, at their public meeting on November 2, 2009, voted
unanimously to recommend approval of the code as amended. The preliminary
minutes of the Board of Appeals meeting was included in Council's November 5, 2009
information packet. Staffs memorandum providing a description of notable changes is
included in the Council's packet. Reference agenda item 8.
a) PUBLIC HEARING
Action:
b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
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ITEM 13. APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER
180 [ESIM-080-6(285)243--OS-52], 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: The project involves construction of a pedestrian bridge and pedestrian
walkway, geometric improvements and signalization of the north half of the
interchange, along with replacement of water main and force main along the west side
of North Dodge /Highway 1. The project will be funded with an Iowa DOT Economic
Stimulus Grant in the amount of $1,800,000 with a total estimated construction cost of
$3,213,000. The City's local share will be funded with Road Use Tax proceeds, Water
Revenues and Wastewater Revenues.
a) PUBLIC HEARING
Action: l 10 L9~~ ~61~D'z £~a
~9- 3~a b) CONSIDER A RESOLUTION
Action:
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November 17, 2009 City of Iowa City Page 12
ITEM 14. CONSIDER AN ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND
QQ. 43 6 ~ 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. (SECOND CONSIDERATION)
Comment: This ordinance will amend the penalty for violation of the snow
emergency parking ordinance from $15.00 to $50.00 by creating a separate higher
penalty amount for a violation of parking where prohibited or restricted during a snow
emergency. This amendment is being proposed in an effort to encourage better
compliance with the parking regulations during a snow emergency so snow and ice can
be removed efficiently and promptly from City streets. Staff requests expedited
consideration in order to allow for the implementation of the ordinance. This will also
allow for education of the public prior to inclement weather.
Action:
ITEM 15. CONSIDER 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. (SECOND CONSIDERATION)
~~
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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,
published on October 26, 2009 and imposes a 2% franchise fee. Correspondence
included in Council packet. ~~`°'~
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Action:
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November 17, 2009 City of Iowa City Page 13
ITEM 16. CONSIDER AN ORDINANCE AMENDING ORDINANCE CODE SECTION 16-1 D-2,
ENTITLED "PERMIT REQUIREMENTS" TO REQUIRE AND ALLOW COUNCIL TO
SET BY RESOLUTION AN EXCAVATION PERMIT FEE SCHEDULE. (SECOND
CONSIDERATION)
Comment: This resolution would allow for a fee to be collected in connection with
Right-of-Way Excavation Permits that are issued when excavations occur within the
public right-of-way. Currently, no fee is collected for these permits, however, costs are
incurred by the City in connection with the permits for the inspection of the excavations
and restoration of the sites along with administrative costs. Council approved the
implementation of this fee as part of your discussion of budget related priorities last
May.
Action: ~ ~ ~ ~i~ ltr ~ ~ d ~ ~ /
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ITEM 17. CONSIDER A RESOLUTION ADOPTING THE PROCUREMENT POLICY FOR THE
o~-3bl IOWA CITY HOUSING AUTHORITY AND RESCINDING RESOLUTION NO. 91-155.
Comment: HUD requires local housing authorities that operate Housing Choice
Voucher (a/k/a Section 8) and public housing programs adopt a procurement policy
that complies with federal procurement regulations. The only substantive differences
between the proposed policy and the City's existing policy are the threshold for small
purchases (current is $1,000 and proposed is $10,000) and the addition of provisions
for purchases with stimulus money.
Action:
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ITEM 18. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE
d9_ 3b~ MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY
AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY
TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WATER
SOURCE WELL FLOOD MITIGATION PROJECT.
Comment: This agreement provides for the preliminary and final design services
and construction phase services for flood mitigation improvements for the Collector
Wells Numbers 3 and 4 Silurian Well Number 4 at the Peninsula well field and Jordan
Well Number 2 on the University of Iowa Campus. These wells were damaged during
the Flood of 2008. The total cost of the engineering consultant services agreement is
$260,000 and will be funded with Federal Funds through the FEMA Public Assistance
and Hazard Mitigation Grant Programs.
Action: `~~~
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November 17, 2009 City of Iowa City Page 14
ITEM 19. 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) 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).
e) Appeals, Board of -One vacancy to fill afive-year term January 1, 2009 -
December 31, 2013, for a Mechanical Professional. (Term expires for Tim
Fehr) (3 males and 1 female currently serve).
f) 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).
g) 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).
h) 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) 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 2 females currently serve)
j) Youth Advisory Commission -One vacancy to fill atwo-year term
One (1) person -Tate High
January 1, 2009 -December 31, 2010.
(1 male and 2 females currently serve)
November 17, 2009 City of Iowa City Page 15
k) Youth Advisory Commission -One vacancy to fill atwo-year term
One (1) person -Regina High
January 1, 2010 -December 31, 2011
(Term expires for Hannah Green)
(1 male and 2 females currently serve)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, NOVEMBER 18, 2009.
ITEM 20. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18
years of age unless specific qualifications are stated.
a) 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 se e).
II ~ °
a
ITEM 21. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
t
ITEM 22. CITY COUNCIL INFORMATION.
ITEM 23. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager. ~ ~'~ °r'~~'
b) City Attorney. ~~ ~'
c) City Clerk. - p -~
ITEM 24. ADJOURNMENT
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