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HomeMy WebLinkAbout2009-12-01 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 ITEM 1. ITEM 2 ITEM 3. December 1, 2009 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street ~i CALL TO ORDER. ~~,~/ ~~~'~] ROLL CALL. ^'' ~~~~ _ti...._ CITY OF IOWA CITY www.icgov.org OUTSTANDING STUDENT CITIZENSHIP AWARDS - Lincoln Elementary a) Quinn Dawson b) Terra Hill c) Natalie Shgult/y~~~ PRESENTATION. a) b) 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 12,Special Council Work Session (a.m.) 2. November 16, Regular Council Work Session 3. November 17, 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). City High Football Team Championship Recognition Minding Our Own Business Data Report -Joe Raso, ICAD ,~.~-~ .-~~~~~-J 1. Historic Preservation Commission: October 8, 2009 2. Human Rights Commission: October 20, 200 3. Airport Commission: October 15, 2009 c) Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: 1. Class C Liquor License for Inc., Limited, dba Sanctuary Restaurant, 405 S. Gilbert St. December 1, 2009 uq _ 3 (. 3 d) e) City of Iowa City Page 2. Special Class C Liquor License for Pagliai's Pizza Palace, Ltd., dba Pagliai's Pizza, 302 E. Bloomington St. 3. Class C Beer Permit for Sector, Inc., dba Creekside Market, 2601 Highway 6 E. 4. Class C Liquor License for Water-B, Inc., dba Studio 13, 13 S. Linn St. 5. Class C Liquor License for Iowa City Group, LLC, dba Piano Lounge, 217 E. Iowa Ave. 6. Class B Liquor License for Ackerman Investment Co., dba Quality Inn & Suites, 2525 N. Dodge St. 7. Resolution to issue Dance Permits for Water-B, Inc., dba Studio 13, 13 S Linn St. and Ackerman Investment Co., dba Quality Inn & Suites, 2525 N. Dodge St. Motions. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $10,534,925.93 FOR THE PERIOD OF OCTOBER 1 THROUGH OCTOBER 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. Public Hearings. 1. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR DECEMBER 14, 2009 REGARDING IOWA CITY'S PROPOSED 2011- 2015 CONSOLIDATED PLAN (a.k.a. CITY STEPS). Comment: As required by the U.S. Department of Housing and Urban Development, a public hearing is being scheduled to solicit citizen input prior to the adoption of Iowa City's 2011-2015 Consolidated Plan (CITY STEPS). This public hearing is being set for December 14, 2009. A 30 day public comment period on the proposed CITY STEPS Plan started on November 13, 2009. In addition to this public hearing, a public needs hearing was held on May 21, 2009, a resident online survey conducted, area service organizations submitted provider surveys, and consultations with various city departments were held. Public meetings with the Johnson County Local Homeless Coordinating Board meeting (May 20, 2009) and Neighborhood Centers of Johnson County (May 21, 2009) were held to solicit input. The Housing and Community Development Commission (HCDC) held a public meeting on October 22, 2009 and will conduct a public meeting on December 3, 2009. HCDC is scheduled to make a recommendation to the City Council concerning the adoption of the CITY STEPS Plan at their December 3, 2009 meeting. December 1, 2009 City of Iowa City Page 3 o g- 36¢ 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON DECEMBER 14, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: The project will involve the removal of the existing solarium on south side of Mercer Park Aquatic Center and the construction of a new replacement solarium. The estimated construction cost is $251,700 and will be funded with General Obligation bond proceeds. fl Resolutions. 09 - 3b5 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 2750 IRVING AVENUE, IOWA CITY, IOWA. Comment: On March 15, 2002, the owners of 2750 Irving Avenue executed a Second Mortgage in the amount of $34,000 to secure a loan from the City for said amount as part of the Affordable Dream Home Program. The owners of 2750 Irving Avenue also executed a Resale Agreement with the City on March 15, 2002, for the property at 2750 Irving Avenue. The owners have repaid the loan, but the requirements under the Resale Agreement do not expire until March 15, 2017. The Second Mortgage should be partially released to reflect that the loan has been paid. o`~- 3 6~ 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 2660 INDIGO COURT, IOWA CITY, IOWA. Comment: On December 17, 1999, the owners of 2660 Indigo Court executed a Second Mortgage in the amount of $30,000 to secure a loan from the City for said amount as part of the Tenant to Ownership Program. The owners of 2660 Indigo Court also executed a Resale Agreement with the City on December 17, 1999, for the property at 2660 Indigo Court. The owners have repaid the loan, but the requirements under the Resale Agreement do not expire until December 17, 2014. The Second Mortgage should be partially released to reflect that the loan has been paid. December 1, 2009 City of Iowa City Page 4 04- 3~7 3. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 708 5T" AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 708 5th Avenue received assistance through the City of Iowa City Housing Rehabilitation Program. The terms of the loan have been satisfied; thus the lien needs to be released. o~_ 36$ 4. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECITE 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 1112 WYLDE GREEN ROAD, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 1112 Wylde Green Road. The owner received down payment assistance from the City of Iowa City on June 6, 2002. The property has enough equity to cover the City's lien position. 09- 369 5. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST TO AN AGREEMENT THAT PERMITS ANISTON VILLAGE, LP TO GRANT A MORTGAGE TO THE CITY. Comment: The City previously agreed to lend Aniston Village, LP $282,000 to construct 22 units of affordable housing. The Housing Fellowship is the general partner of Aniston Village, LP. and is the owner of the land on which the units will be constructed. In order to secure the loan, Aniston Village, LP will give the City a mortgage in its leasehold interest. The long term ground lease between The Housing Fellowship and Aniston Village, LP allows Aniston Village, LP to grant a mortgage under certain conditions, and the agreement addresses those conditions. ~i'- 37a oq- 3`11 6. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE COURT HILL TRAIL 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. 7. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE WATER TREATMENT PLANT AUTOMATIC SOURCE TRANSFER 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. December 1, 2009 City of Iowa City Page g) Correspondence. 1. Acting Traffic Engineering Planner: Installation of two (2) Iowa City BUS STOP signs to reflect changes in transit routes effective December 2, 2009 2. Acting Traffic Engineering Planner: Installation of NO PARKING ANY TIME signs on Olive Court, Learner Court, and Marietta Avenue 3. Dorey Coleman: Request for additional bus stop [staff response included] 4. C. Joseph Holland: Pentacrest Garden Apartments 5. Chris Curtland: E-cigarettes [Response from Council Member Wright included] 6. Jesse Pasley: Court Street and 4th Avenue 7. Jeffrey Maves: Fire Station #4 8. Colin Wilson: Flood control/prevention in the Parkview Neighborhood 9. Claire Cope: Proposed smoking and panhandling ban~in ped mall 10. Jennifer Price: Payment in lieu of taxes 11. Brian Vogelgesang: Request to add gravel to alley 12. Tyler Harvey: Liquor license 3~d Base/Fieldhouse 13. Alexia Miller: Parking 14. Miriam Jones: Backyard Birds Letter and Statement to Municipalities 15. Jenny Crumiller: Question about student representative position [staff response included] 16. Edna Probst: Regina Busing END OF CONS NT CALENDAR. _ ~ 7 C 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. ,,, o~ ITEM 6. PLANNING AND ZONING MATTERS. (Item "a-c" 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 14 ON AN ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (OPD-8) ZONE FOR APPROXIMATELY .44 ACRES OF PROPERTY LOCATED ON WESTBURY DRIVE, SOUTH OF MIDDLEBURY ROAD (REZ09-00010) Comment: At its November 19 meeting, by a vote of 5-1 (Koppes no, Eastham recused), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated November 5. Approval will allow the construction of five additional townhouse style units on Lot 1 of the Olde Towne Village subdivision. Action: r '= i CITY OF IQWA CITY _.:.®~~ ~ ~lll~~ ~ ~ D ~ ~ TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions December 1 Consent Calendar Additions Correspondence: 4g (17) Joyce Barker: Section 8 Housing [staff response included] (18) Russell Haught, Larry Bell: Westbury Court Lots (19) Caroline Dieterle, Carol deProsse: Malware on IC's Web Site (staff response included] ***** December 1, 2009 City of Iowa City Page b) APPROVING A CONDITIONAL ZONING AGREEMENT FOR AUDITOR'S PARCEL 2008103, APPROXIMATELY 25.16 ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA, INCLUDING WAL-MART AT 855, 911 & 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. 1. PUBLIC HEARING Action: ~~~~ 2. %~/~i~c' CONSIDER AN ORDINANCE (FIRST CONSIDERATI N) Action: c) CONSIDER AN ORDINANCE 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) (SECOND CONSIDERATION) 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. Action: Lh~ December 1, 2009 City of Iowa City Page d) CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO aq.~ 43 ~3 ALLOW SPECIALIZED EDUCATIONAL FACILITIES IN THE INTENSIVE COMMERCIAL (CI-1) ZONE BY SPECIAL EXCEPTION. (SECOND CONSIDERATION) 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 exceptio A citizen requests expedited action. Correspondence enclosed. `~Jr~~f ~~~ ~ lw~~ ~'Q~ i1 ., _ , Action: aq~ 434 ~ e) ~/r/g/a~~ G~sYbu~ CONS E AN ORDINANCE AMENDING TITLE 14, ZONING ALLOW FLEXIBIILITY IN THE TYPE OF FENCE SCREENING FOR SALVAGE YARDS. (SECOND CONSIDERATION) ~// ~%~s CODE, TO REQUIRED 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, the Iowa River, from public view, or where nearby uses will not be harmed by such a reduction. Staff requests expedited action. Action: ~~~~ f) CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO a9 -- 43b5 CORRECT LANGUAGE IN THE CODE TO ALLOW WHEELCHAIR RAMPS AND STOOPS TO EXTEND INTO REQUIRED SETBACK AREAS FOR ALL TYPES OF BUILDINGS. (SECOND CONSIDERATION) 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". Staff requests expedited action. Action: i~ ~© December 1, 2009 g) a9-¢3tP~o 0~1 - 43 ~ 7 City of Iowa City Page 8 CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO CLARIFY STANDARDS THAT APPLY TO DUPLEXES AND SINGLE-FAMILY ATTACHED DWELLINGS IN PLANNED DEVELOPMENT OVERLAY (OPD) ZONES. (SECOND CONSIDERATION) 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. Staff requests expedited action. Actian: h) CONSIDER AN ORDINANCE 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. (SECOND CONSIDERATION) 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. Staff requests expedited action. Action: 1 7~j December 1, 2009 City of Iowa City Page 9 ITEM 7. CONSIDER AN ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 6, PERSONS UNDER EIGHTEEN YEARS OF AGE, TO ADD A NEW SECTION 2, JUVENILE CURFEW TO ADD A NEW JUVENILE CURF,~~ /~ ORDINANCE. (DEFERRED FROM 9/29) (SECOND CONSIDERATION). ~~.~~ Comment: Correspondence included in Co ncil packet. ~'~' ~~~`~ `,~~~~~~~-K- ~~ `~3 Action: i~~9~ ~~~ 4~ r ~i/.~~~r~ l.~rr ' ~//~~~'s ITEM 8. CONSIDER AN O INANCE AMENDING TITLE 17, CHAPTER 1, BUILDING CODE, / ~ n BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2009 EDITION, AND THE I A~ INTERNATIONAL RESIDENTIAL CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2009 EDITION, PUBLISHED BY THE INTERNATIONAL ~ ( CODE COUNCIL AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO n~/~ PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF U'" ,,) THE CITIZENS OF IOWA CITY, IOWA. (SECOND CONSIDERATION) ~~GL at their ublic meetin on November 2 2009 voted ~ Comment: The Board of Appeals, p g , C~~ unanimously to recommend approval of the code as amended. The preliminary ,,JJ~"' minutes of the Board of Appeals meeting was included in Council's November 5, 2009 -~~ information packet. The adoption of this code is supported by the Greater Iowa City Area Homebuilders Association. The Chair of the Historic Preservation Commission reviewed the code amendments and offered no further changes. Correspondence included in Council packet. Staff requests expedited action to allow publication and distribution of information ahead of the holidays and the effective date of January 1. n~ Action: GCS -~ ~ OC~~~ ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 17, CHAPTER 2, BY ADOPTING THE UNIFORM PLUMBING CODE, 2009 EDITION, AND PROVIDING FOR CERTAIN oy_ 436q AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. (SECOND 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. Staff requests expedited action to allow publication and distribution of information ahead of the holidays and the effective date of January 1. Action: ~~I~,OG~~ ~Z / Cl/f~~ ~ - /~ ~ ~~ci C~~~~ v ~~~~ PX~~ 7p ~ll~~Di~~~ ~ ~~~~~ il~~ hC ~~ 1~~~ ~ I December 1, 2009 City of Iowa City Page 10 ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 17, CHAPTER 4, MECHANICAL CODE, BY ADOPTING THE INTERNATIONAL MECHANICAL CODE, 2009 vq~ X1-3 7c 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. (SECOND 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. Staff requests expedited action to allow publication and distribution of information ahead of the holidays and the effective date of January 1. Action: ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 17, CHAPTER 13, FUEL GAS CODE, BY ADOPTING THE INTERNATIONAL FUEL GAS CODE, 2009 EDITION, oq.~ 4-37f 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. (SECOND 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. Staff requests expedited action to allow publication and distribution of information ahead of the holidays and the effective date of January 1. Action ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE oy.- y~3?d 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. (SECOND 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. Staff requests expedited action to allow publication and distribution of information ahead of the holidays and the effective date of January 1. Action: December 1, 2009 City of Iowa City Page 11 ITEM 13. 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. (PASS AND ADOPT) 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. Action: ITEM 14. CONSIDER AN ORDINANCE AMENDING ORDINANCE CODE SECTION 16-1D-2, ENTITLED "PERMIT REQUIREMENTS" TO REQUIRE AND ALLOW COUNCIL TO oq - ~{-3 73 SET BY RESOLUTION AN EXCAVATION PERMIT FEE SCHEDULE. (PASS AND ADOPT) 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: ITEM 15. CONSIDER A RESOLUTION ADOPTING A FEE SCHEDULE FOR EXCAVATION PERMITS ISSUED PURSUANT TO IOWA CITY CODE OF ORDINANCES SECTION oa - 372- 16-1 D. Comment: This resolution establishes a fee in the amount of $50 per excavation permit. Council approved the implementation of this fee as part of their discussion of budget related priorities last May. Action: December 1, 2009 City of Iowa City Page 12 ITEM 16. CONSIDER A RESOLUTION APPROVING A CONTRACT WITH UNIVERSITY OF ~q_ 3~3 NORTHERN IOWA'S REGIONAL BUSINESS CENTER FOR A FEASIBILITY STUDY FOR A CREATIVE TECHNOLOGIES INCUBATOR IN DOWNTOWN IOWA CITY Comment: The Economic Development Administration in the U.S. Department of Commerce recently awarded the City a $60,000 grant requiring a 25% match to conduct a feasibility study for a business incubator in downtown Iowa City. The business incubator would serve a niche market of businesses in creative technologies and provide office space and services to start up companies at below market rates for a limited period of time while the nascent businesses matured over atwo-three year period. The feasibility study will determine if and exactly how the creative technologies incubator would operate physically and financially. A request for proposals was sent out and four proposals were returned. All proposals were reviewed by staff and the UNI Regional Business Center proposal was independently chosen as the best by each reviewer. Action: ~/ _ fIG~ ITEM 17. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY aq- 3~~E- CLERK TO ATTEST THE FIFTH AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. (PDC) Comment: This resolution authorizes the Mayor to sign and the City Clerk to attest the fifth amendment to the peninsula neighborhood Development agreement. This amendment would extend the deadline for conveyance of Phase 3 from January 1, 2010 to July 1, 2011, with closing dates on the remaining phases set for subsequent three year intervals. The proposed amendment would also change the requirement for 50% of each phase to be built out prior to closing on each succeeding phase. As proposed, closure on a succeeding phase would be allowed when 50% of the total lots owned by the developer are built out. Staff memorandum and correspon nce included in Council packet. .~ Action: December 1, 2009 City of Iowa City Page 13 ITEM 18. CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT ALL DOCUMENTATION NECESSARY TO ACCEPT CDBG FLOOD RECOVERY ~j - 3`15 GRANTS FOR PROPERTY ACQUISITION, RELOCATION OF THE NORTH WASTE WATER TREATMENT FACILITY, AND INSTALLATION OF THE ROCKY SHORE DRIVE LIFT STATION AND AUTHORIZING THE CITY MANAGER AND MAYOR TO EXECUTE AND CITY CLERK TO ATTEST TO ALL DOCUMENTS NECESSARY TO ACQUIRE THE PROPERTIES. Comment: The Iowa Department of Economic Development has informed the City that it has been awarded $11.7 million in CDBG flood recovery funds to acquire properties in Parkview Terrace Subdivision that were not eligible for HMGP (a/k/a, FEMA buyout), $5 million to assist with the cost to relocate the north waste water treatment facility, and $6.5 million to assist with the cost to install a lift station, valves, and flood gates along Rocky Shore Drive. This resolution authorizes the City Manager to accept the funds and sign the grant agreements for these three programs. It also authorizes the City Manager and Mayor to sign all documents necessary to acquire the properties. Action: ITEM 19. CONSIDER A RESOLUTION SUPPORTING THE FEDERAL FISCAL YEAR 2011 AND 2012 SURFACE TRANSPORTATION PROGRAM AND TRANSPORTATION a9- 37~ ENHANCEMENT FEDERAL FUNDING RECOMMENDATION FOR THE IOWA CITY PROJECTS AS APPROVED BY THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS TRANSPORTATION TECHNICAL ADVISORY COMMITTEE. Comment: This resolution supports the funding recommendation for the Iowa City projects as approved by the Transportation Technical Advisory Committee at the meeting held on Tuesday, November 10th. The funding recommendation for the Surface Transportation Program was approved 14-2 and the funding recommendation for the Transportation Enhancement was approved 13-3. This recommendation brings $2.423 million of federal funds to Iowa City. Federal Funding recommendations included in Council packet. Action: ITEM 20. CONSIDER A RESOLUTION ESTABLISHING CITY OF IOWA CITY 2010 LEGISLATIVE PRIORITIES 09- 377 Comment: The resolution reflects the priorities agreed upon by Council during recent work session discussions. These priorities will be conveyed to area State legislators prior to Council's meeting with them on December 7, 2009. Action: ~~~ ~~- ~~`~~~ ~~ /~ '~ /tO December 1, 2009 City of Iowa City Page 14 ITEM 21. 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). rP-~~ 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). ro -~ ~ 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 -tea 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). / K~' -qd 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 fema~ currently serve). U~h~ r~- B~ a~ ~Ytir ~ f) Appeals, Board of -One vacancy to fill an unexpired term, effective upon ~ f ~' 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 Buckrrlan) (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 ~SeabQld) (1 male and 3 females currently serve). December 1, 2009 City of Iowa City Page 15 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,1 female currently serve) ~, ., ~ U 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 1 female currently serve) 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 female currently serve) ITEM 22. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 23. CITY COUNCIL INFORMATION. ITEM 24. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. ~ ® J b) City Attorney. , ~~ , c) City Clerk. ~ ~~ , ITEM 25. ADJOURNMENT `,~(~v ~ ~ j'l~ ~r ~ ..~