HomeMy WebLinkAbout2010-10-11 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's OfFce 356-5040.
Iowa City
City Council Agenda
Special Formal
October 11, 2010 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street
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ITEM 1. CALL TO ORDER. "7>~tt~icld50/~ ¢~~1Y j6t//<n~Z
ROLL CALL. ~55~ /ylpra~ ~~ (~o-~e`Z
ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Weber Elementary
a) Kaylee Guymon
b) Kevin Hanson ~ ~~ ~
c) Ali Tauchen //))__ -~"1r
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ITEM 3. PROCLAMATIONS.
a) International Day for Disaster Reduction - ctober 13, 2010
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ITEM 4. CONSIDER ADOPTION OF 'fHE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a) Approval of Council Actions, subject to corrections, as recommended by
the City Clerk.
1. September 20, Regular Council Work Session
2. September 20, Special Council Formal Official and Complete
3. September 21, Regular Council Formal Official and Complete
4. September 27, Special Council Formal Official and Complete
5. September 28, Special Council Work Session
6. September 28, Special Council Formal Official and Complete
7. September 29, 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. Telecommunications Commission: August 23, 2010
2. Board of Adjustment: August 11, 2010
3. Human Rights Commission: August 17, 2010
4. Housing and Community Development Commission: August 19, 2010
5. Planning and Zoning Commission: September 2, 2010
6. Youth Advisory Commission: September 5, 2010
~!,r®~ CITY ~F IOWA CITY
~ ~~~~~~~
®.~~ N ~ u M
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TO: Mayor, City Council, General Public
FROM: City Clerk
RE: October 11, 2010 ~dditiDnS_________
ITEM 3b Founder's Day -October 26, 2010
Correspondence:
ITEM 4f(9) City Engineer: Competitive Quotation Results
October 11, 2010 City of Iowa City Page 2
c) Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal:
1. Class C Liquor License for Los Portales Mexican Restaurant, Inc., dba
Los Portales, 1402 S. Gilbert St.
2. Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge,
1100 N. Dodge St.
3. Special Class C Liquor License for Angela, Inc., dba Masala, 9 S.
Dubuque St.
4. Class C Beer Permit for On The Go Convenience Stores, Inc., dba On
The Go Convenience Stores, 2315 Muscatine Ave.
5. Class C Beer Permit for HWZ, LLC, dba RJ'Z Express, 2 Escort Lane.
6. Class C Liquor License for Blue Moose, Inc., dba Blue Moose, 211 Iowa
Ave.
I (J - `F ~ ~' _ 7. Resolution to issue Dance Permit for Blue Moose, Inc., dba Blue
Moose, 211 Iowa Ave.
d) Public Hearing.
~u - 4~~ 1. CONSIDER A RESOLUTION OF INTENT TO CONSIDER THE
PROPOSED CONVEYANCE OF A UTILITY EASEMENT ACROSS THE
WEST 10' OF THE VACATED BELDON AVENUE, AND SETTING A
PUBLIC HEARING ON SAID PROPOSED CONVEYANCE FOR
OCTOBER 26, 2010.
Comment: MidAmerican Energy has asked for an underground utility
easement across the west 10' of the vacated Beldon Avenue, between
Oakridge Avenue and Willis Drive. MidAm has offered to pay $1,000 for
this easement.
~~ - 4 Z ~ 2. CONSIDER A RESOLUTION DETERMINING THE NECESSITY OF
REHABILITATION, CONSERVATION, REDEVELOPMENT OR
DEVELOPMENT OF PROPERTY LOCATED WITHIN THE
PROPOSED TOWNCREST URBAN RENEWAL AREA IN THE CITY
OF IOWA CITY, IOWA, AND SETTING DATES FOR A
CONSULTATION AND PUBLIC HEARING REGARDING THE
PROPOSED TOWNCREST URBAN RENEWAL PLAN.
Comment: The proposed resolution states that the Council has
reasonable cause to believe that the proposed Towncrest urban
renewal area satisfies the eligibility criteria for designation as an urban
renewal area under Iowa law. The resolution sets the date for a
consultation between the taxing entities and notes proper notice and
copies of the plan will be provided to such entities, confirms the plan will
be duly submitted to the Planning and Zoning Commission for its
recommendations, and sets the public hearing on the proposed urban
renewal plan for November 16, 2010. The resolution also provides for
publication and dissemination of the notice of the public hearing. Draft
minutes of the September 22, 2010 Economic Development Committee
meeting are included in Council's Information Packet. Staff
memorandum included in Council packet.
October 11, 2010 City of Iowa City Page
e) Resolutions.
j7 _ {- 21 1. 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
1204 ASH STREET, IOWA CITY, IOWA.
Comment: The owners of the property located at 1204 Ash Street
received assistance through the City of Iowa City's Housing
Rehabilitation Program. The loan has been paid off; thus the lien needs
to be released.
4 ~~, ._ ~ y~ 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR
PROPERTY LOCATED AT 438 SOUTHGATE AVENUE, IOWA CITY,
IOWA.
Comment: Hills Bank and Trust Company has requested that the City
approve a Subordination Agreement for property at 438 Southgate
Avenue. In 2001, the owners of the property received a loan with the
City of Iowa City with Community Development Block Grant (CDBG)
funds and HOME Investment Partnership (HOME) funds. The property
has enough equity to cover the City's lien position.
t ~ - 4 ? 3 3. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR
PROPERTY LOCATED AT 430 AND 436/438 SOUTHGATE AVENUE,
IOWA CITY, IOWA.
Comment: Hills Bank and Trust Company has requested that the City
approve a Subordination Agreement for property at 430 and 436/438
Southgate Avenue. The owners of the property have received loans
from the City of Iowa City with Community Development Block Grant
(CDBG) funds and HOME Investment Partnership (HOME) funds. The
property has enough equity to cover the City's lien position.
October 11, 2010 City of Iowa City Page 4
~, - ~1--Z ~ 4. 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 NATIONWIDE ADVANTAGE MORTGAGE, DES MOINES,
IOWA FOR PROPERTY LOCATED AT 412 TERRACE ROAD, IOWA
CITY, IOWA.
Comment: Nationwide Advantage Mortgage has requested that the City
approve a Subordination Agreement for the property located at 412
Terrace Road. In 2004, the owner of the property received a mortgage
from the City of Iowa City's Housing Rehabilitation Program. The
property has enough equity to cover the City's lien position.
i ~ - 4 ZS 5. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 1904 DELWOOD DRIVE, IOWA CITY,
IOWA.
Comment: MidWestOne Bank has requested that the City approve a
Subordination Agreement for the property located at 1904 Delwood
Drive. In 2005, the owners of the property received a mortgage from
the City of Iowa City's Housing Rehabilitation Program. The property
has enough equity to cover the City's lien position.
~c - 9-2 b 6. CONSIDER A RESOLUTION APPROVING THE RELEASE OF A
STORM WATER DETENTION EASEMENT AND THE DEDICATION
OF A REPLACEMENT EASEMENT WITHIN LOT 5, SCOTT'S
SECOND ADDITION, IOWA CITY, IOWA.
Comment: Casey Cook, on behalf of the owner, Naples 1, LLC,
requested that the City release the storm water detention easement on
Lot 5, Scott's Second Addition and accept the dedication of a smaller
easement area in order to foster development of this and adjacent lots.
Staff recommends approval of this request because street improvements
and changes to the storm water drainage patterns have decreased the
necessity for a large stormwater detention basin on this lot.
-c~ - ~Z7 _ 7. CONSIDER A RESOLUTION ACCEPTING THE WORK .FOR THE
LANDFILL FY09 GRADING 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.
October 11, 2010 City of Iowa City Page
~ ~ - 4 Zg 8. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
BOWERY STREET BRICK REPAIR PROJECT -SUMMIT STREET TO
CLARK STREET.
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.
r-~ - ~ ~~ 9. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
SANITARY SEWER, WATER MAIN, AND PAVING IMPROVEMENTS
FOR WESTGATE VILLAS, AND DECLARING PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
Comment: See Engineer's Report
~ 3~ 10. CONSIDER A RESOLUTION COMMITTING THE LOCAL MATCH
FOR THE HAZARD MITIGATION GRANT PROGRAM GRANT FOR
THE HICKORY HILL PARK TORNADO ROOM PROJECT AND
RESCINDING RESOLUTION NO. 10-415.
Comment: On September 21, 2010, Council passed Resolution No.
10-415. This resolution committed the City to providing the 15% local
match and authorized the City Manager to sign a Hazard Mitigation
Grant Program (HMGP) agreement to construct a tornado safe room at
Hickory Hill Park. A state official has informed City staff that the
resolution needs to clarify that the City has not yet been awarded the
grant. Because Resolution No. 10-415 stated that the grant had already
been awarded, a new resolution needs to be approved. The substance
of this resolution is the same, namely the project consists of a
combination restroom/safe room building to protect up to 61 persons.
The HMGP provides 75% of the funding, and the State has agreed to
provide 10% of the funding leaving the City to cover 15% of the cost.
The project budget is $186,692, 15% of which is $28,004.
f) Correspondence.
1. JCCOG Traffic Engineering Planner: Establishment of a TOW-AWAY
ZONE at the east terminus of the 200 block of Harrison Street
2. JCCOG Traffic Engineering Planner: Installation of (1) STOP sign on
the southwest corner of the intersection of the Terrell Mill
Park/Beckwith Boathouse drive and Dubuque Street
3. JCCOG Traffic Engineering Planner: Installation of NO PARKING ANY
TIME signs on the north side of Derwen Drive
4. Wm. Eginton: Summit Street and Kirkwood Avenue Intersection
5. Letter to Council from Nick Arnold re: Downtown -Previously
distributed in 9/30 Information Packet
October 11, 2010 City of Iowa City Page
6. Public input regarding City Manager candidates: Phyllis Lindstrom;
Sylvia Edmunds; Brian Miller; Mary Johnson; Gloria Mitchell; Timothy
Schemmel; Lowell Anderson; Carson Eggland; Jennifer Jordan;
Gretchen Schmuch; Elliot Higgins; Jim Lehman; Paula Tvedte; Clay
Claussen; iowalive9; Kathy Mitchell; William Korf; Tom Cilek; Karen
Kubby; Pat Hayek; Debbie Reid; RHHannaHH
7. Scott Oatman: Visit to Iowa City [staff response included]
8. 21 Ordinance: Matthew Theobald, Dave Tjaden [staff response
included]
~-_ ~ .~-_
~~-~-Y--
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.
_ rp .
ITEM 6. PLANNING AND ZONING MATTERS. (Items "d,e" 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 OCTOBER 26
ON A RESOLUTION ANNEXING 207 ACRES OF LAND LOCATED SOUTH
OF MCCOLLISTER BOULEVARD, WEST OF SAND ROAD SE. (ANN10-
00003)
Comment: The land proposed for annexation is the Sand Lake area to be
developed as a public park-the Terry Trueblood Recreation Area. It is
anticipated that the Planning and Zoning Commission will make a
recommendation prio/r-t/o the October 26th public hearing.
Action: _____ Sri ~ ~~C~~/~ic_ ,
b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR OCTOBER 26
ON AN ORDINANCE REZONING 207 ACRES OF LAND LOCATED SOUTH
OF MCCOLLISTER BOULEVARD, WEST OF SAND ROAD SE FROM
COUNTY AGRICULTURAL (A) TO NEIGHBORHOOD PUBLIC (P-1 ).
(REZ10-00010)
Comment: The land proposed for rezoning is the Sand Lake area to be
developed as a public park-the Terry Trueblood Recreation Area. It is
anticipated that the Planning and Zoning Commission will make a
recommendation prior to the October 26th public hearing.
Action:
r
~`_,_„®~~ CiTY OF iOWR CITY
~~oRA
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: October 11, 2010, Additions
ITEM 3b Founder's Day -October 26, 2010
Correspondence:
ITEM 4f(9) City Engineer: Competitive Quotation Results
October 11, 2010 City of Iowa City Page 7
c) AMENDING TITLE 14, CHAPTER 5, ARTICLE J. FLOODPLAIN
MANAGEMENT STANDARDS TO REGULATE THE 100 AND 500 YEAR
FLOODPLAIN AND ASSOCIATED CHANGES TO 14-9F FLOOD PLAIN
MANAGEMENT DEFINITIONS, 14-4B-2 VARIANCES AND 14-86-5 FLOOD
PLAIN DEVELOPMENT PERMIT.
Comment: At its September 2 meeting, by a vote of 5-1 (Payne voting no,
Koppes absent), the Planning and Zoning Commission recommended approval
of these amendments. Staff recommended approval in a memorandum dated
June 14. Staff memorandum included in Council packet.
1. PUBLIC HEARING
Action:
~~
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: ~'c~" ~ /~~~
a // ~~'~
October 11, 2010 City of Iowa City Page
d) CONDITIONALLY REZONING APPROXIMATELY 60.32 ACRES OF LAND
FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP), TO OVERLAY
PLANNED DEVELOPMENT -OFFICE RESEARCH PARK (OPD-ORP); AND
APPROXIMATELY 56.48 ACRES OF LAND FROM INTERIM
DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED
DEVELOPMENT-RESEARCH DEVELOPMENT PARK (OPD-RDP); AND
APPROXIMATELY 24.49 ACRES OF LAND FROM INTERIM
DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED
DEVELOPMENT-MIXED USE (OPD-MU) FOR PROPERTY LOCATED
NORTHWEST OF THE INTERCHANGE OF STATE HIGHWAY 1 WITH
INTERSTATE 80. (REZ10-00004)
Comment: At its April 15 meeting, by a vote of 6-0 (Koppes absent), the
Planning and Zoning Commission recommended approval of this rezoning for
Moss Green Urban Village. Staff recommended approval in reports dated April
1 and 9. Approval will allow this property to be developed with a mix of office,
residential and research development uses. The City Council held a public
hearing on this matter on May 10, 2010. (The staff report and associated
memos were included in the May 10 agenda packet). Subsequent to this
hearing, but before adoption of the proposed rezoning, additional wetlands
were identified on the site, so the item was deferred indefinitely by the City
Council pending appropriate revisions to the sensitive areas development plan,
preliminary planned development plan and plat. The applicant has made
substantive revisions and has submitted the new plans and plat for review and
approval. Staff recommended approval of these revisions in a memo dated
September 10, 2010. At its September 16 meeting, by a vote of 6-0 (Eastham
absent), the Planning and Zoning Commission recommended approval.
1. PUBLIC HEARING
Action: ~ ~
Gds ~~ ~ ~~ ~ w~ ~ // des
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
October 11, 2010
City of Iowa City Page 9
e) REZONING 175-ACRES OF LAND LOCATED ON 420T" STREET WEST OF
TAFT AVENUE FROM GENERAL INDUSTRIAL (11) AND INTERIM
DEVELOPMENT - INDUSTRIAL (ID-I) TO PLANNED DEVELOPMENT
OVERLAY - GENERAL INDUSTRIAL (OPD-11 ). (REZ10-00007/SUB10-
00004)
Comment: At its September 2 meeting, by a vote of 6-0 (Koppes absent), the
Planning and Zoning Commission recommended approval of this rezoning.
Staff recommended approval in a report dated August 5. Approval will allow
this property to be developed with the Iowa City Industrial Campus, a 9-lot, 173-
acre industrial subdivision located along 420th Street, west of Taft Avenue.
1. PUBLIC HEARING
Action: ~-~ ~X~r-~
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
f) VACATING A PION OF JJR DAVIS ADDITION AND CONVEYING THE
VACATED CITY IEW DRIVE TO DEALER PROPERTIES IC, LLC
Comment: Dealer Properties IC, LLC (Billion Auto) has requested that a portion
of the JJR Davis Addition Final Plat be vacated to allow for redevelopment of this
land. Should the partial vacation be approved, it would result in the vacation of
City View Drive. This public right-of-way was dedicated to the City but the actual
improvements have never been accepted by the City or opened to the public.
The applicant requests that this right-of-way be conveyed back to it. The
applicant intends to replat this land and has made an application for such plat
approval.
PUBLIC HEARING
Action: ~ ~ ~C ~a~---
f ~ - '=t ~ ~ 2. CONSIDER A RESOLUTION
Action:
0
October 11, 2010
~c~~-~3z
Comment: At its August 5 meeting, by a vote of 7-0, the Planning and Zoning
Commission recommended approval. In a report dated August 5, 2010, Staff
recommended approval subject to approval of legal papers and construction
drawings and the vacation and conveyance of City View Drive. It is anticipated
that legal papers and construction drawings will be approved prior to the
October 11 City Council meeting. The partial vacation of the JJR Davis
Subdivision, including City View Drive is on the October 11 City Council
agenda. Approval will allow the development of D & D Billion Addition a 2-lot,
18.49-acre commercial subdivision located south of Highway 1, west of
Mormon Trek Boulevard, and adjacent to City View Dr.
Action:
~l
ITEM 7. RENEWAL OF A CLASS E LIQUOR LICENSE FOR SAUCE, INC. DBA SAUCE,
108 E. COLLEGE STREET.
City of Iowa City Page 10
g) CONSIDER A RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT
OF D 8~ D BILLION ADDITION, IOWA CITY, IOWA. (SUB10-00007/SU610-
00008) (DEFERRED FROM 9/7)
Comment: In accordance with City Code sections 4-2-3 and 4-2-4 staff is
recommending the denial of the renewal application for the above mentioned
establishment for reasons identified in the memorandum from the Police Department.
The memo from the Police Chief providing information on the violations and
recommendation for denial is included in the Council Packet along with copies of
correspondence sent to the applicant /owner from the City Clerk's office.
a) HEARIM~
Action:
b)
CONSIDER A MOTION TO DENY IN ACCORDANCE WITH STAFF
RECOMMENDATION
Action:
October 11, 2010 City of Iowa City Page 11
ITEM 8. APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY
i ~ _ ~~ ~;3 AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF THE NORTH AIRPORT
DEVELOPMENT SUBDIVISION AND AUTHORIZING CONVEYANCE IN
ACCORDANCE THEREWITH AND RESCINDING RESOLUTION NO. 10-260.
Comment: The North Airport Development Subdivision includes commercial lots,
which have been marketed for sale to the general public. The City has negotiated a
purchase agreement with Van Meter Industrial, Inc. to sell Lot 10 for $380,000, which
requires City Council approval. This resolution approves the purchase agreement and
authorizes the Mayor and City Clerk to execute all documents necessary to dispose of
the property in accordance with said purchase agreement. Council previously approved
the purchase agreement, but the notice of the public hearing contained the wrong legal
description for the lot. As a result, a new public hearing is being held and the previous
resolution approving the conveyance is being rescinded.
a) PUBLIC HEARING r -
Action: ~oo (~X ~" ~~ -
b) CONSIDER A RESOLUTION
Action: (~~~it/ (' In~..~..,~~o-~-y
ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND
LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS" TO CLARIFY
t`~ ° 4y ~ ..~ _ AIRPORT SHUTTLES CAN OPERATE WITHOUT A TAXIMETER. (SECOND
CONSIDERATION)
Comment: Airport shuttles operate solely on a route that begins or ends at Eastern
Iowa Airport or Quad Cities Airport for a set destination fare. Staff recommends that
such a service should be exempt from installation of a taximeter and requests
expedited action.
.{_
Action:
-~ 7~0
October 11, 2010 City of Iowa City Page 12
ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES,
CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS
UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS,
SUBSECTION B, TO ADD A NEW SUBPARAGRAPH 6, AND TITLE 4, ALCOHOLIC
BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8,
PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION C, TO ADD A NEW SUBPARAGRAPH 5, TO
ALLOW THE CHIEF OF POLICE TO APPROVE SPLIT-PREMISES SPECIAL
EVENTS IN LIQUOR LICENSE ESTABLISHMENTS, PERMITTING ENTRY BY
THOSE UNDER LEGAL AGE INTO AN ALCOHOL-FREE PORTION OF THE
ESTABLISHMENT, WHILE STILL ALLOWING THE SERVICE AND POSSESSION
OF ALCOHOL TO THOSE OF LEGAL AGE IN A SEPARATE ALCOHOL-
PERMITTED PORTION OF THE ESTABLISHMENT. (S ONSIDERATION)
~r
Comment: Allows for the chief of police to approve special events whereby the premises
is split into alcohol-free and alcohol-permitted portions of the establishment. Staff
recommends expedited action. Correspondence included in Council packet.
Action: _
(,,~,~~ ~~/ /l1. was - -_ ~ ~ / ~~~
ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES,
CHAPTER 1, DEFINITIONS, SECTION 1, DEFINITIONS, TO ADD DEFINITIONS FOR
THE TERMS "PERFORMER", "PROFESSIONAL LIGHT AND SOUND", AND
"SHOW", TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND
RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED
OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO ADD A NEW
SUBPARAGRAPH 7, AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5,
PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL
AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION C, TO ADD
A NEW SUBPARAGRAPH 6, TO ALLOW THE CHIEF OF POLICE TO CONSIDER
APPLICATIONS FOR ENTERTAINMENT VENUE STATUS AND ISSUE
ENTERTAINMENT VENUE EXCEPTION CERTIFICATES. (FIRST CONSIDERATION)
Comment Allows for the chief of police, or designee, to approve or deny applications
for "entertainment venue" status, based on criteria established by ordinance. Staff
memorandum included in Council packet.
Action:
October 11, 2010 City of Iowa City Page 13
ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH
AND SAFETY," CHAPTER 10, ENTITLED "SMOKE FREE PLACES," TO CHANGE
THE VIOLATION FROM A MUNICIPAL INFRACTION TO A SIMPLE MISDEMEANOR.
(FIRST CONSIDERATION)
Comment: Smoking is currently prohibited in specific areas, such as City Plaza,
a/k/a the ped mall, park areas, and the Farmers Market. The ordinance currently
provides that a violation is a municipal infraction. The Police Department has issued
these citations but would prefer to make the penalty a simple misdemeanor. The
impetus to change from a civil to a criminal penalty is a practical one. Municipal
citations require the police to carry with them different forms and require the city to
prepay the filing fee of $85 whereas the form to issue a simple misdemeanor is the
same as used for PAULAs and non-traffic tickets. Additionally, the Clerk's office does
not require prepayment of the filing fee. The filing fee is less ($60) for simple
misdemeanors, but the fine could be more or less. The fine under a municipal
infraction is $100 for the first violation, and $65-$625 (court's discretion) for a simple
misdemeanor.
Action:
f!1 ~ ~ ~ ~ ~wi S (a ~ ~-vu~ cam)
ITEM 13. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
~~- 3~4 -.- CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA
CITY, IOWA AND THE CITY OF SOLON, IOWA FOR THE PROVISION OF ANIMAL
CARE SERVICES.
Comment: Staff for Iowa City and Solon negotiated a 28E Agreement for the provision
of animal services, a copy of which is attached to the resolution. Presently, there is no
agreement. The proposed agreement is based on a set fee per animal regardless of the
number of days the "Solon" animal stays at the Iowa City shelter. The packet contains a
memo from staff with more details. Solon City Council approved this agreement on
October 6.
Action:
ITEM 14. CONSIDER A RESOLUTION SUPPORTING THE TERRY TRUEBLOOD
iy - q 3 ~ RECREATION AREA PROJECT AND AUTHORIZING THE MAYOR TO SIGN A
GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF
ECONOMIC DEVELOPMENT.
Comment: The Council has approved a multi-year funding package for the
acquisition and development of the new Terry Trueblood Recreation Area which totals
$6,554,412, not including land acquisition, from G.O. Bonds and the General Fund. To
totally fund the project will require other sources of funding, including private
contributions and grants. Approval of this resolution provides the support required for
submission of a River Enhancement Community Attraction and Tourism (RECAT)
grant application in the amount of up to $2,000,000.
Action:
r~,~~
October 11, 2010 City of Iowa City Page 14
ITEM 15. CONSIDER A RESOLUTION APPROVING FUNDING FOR THE PAPER NEST
r~ ~ ~ FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT -ECONOMIC
DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS
CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY
DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
Comment: On September 22, 2010 the City Council Economic Development
Committee recommended $11,000 in funding for this project from the CDBG Economic
Development Fund. The Council Economic Development Committee has
recommended that these funds be as a loan at 1 % interest for a maximum term of 7
years. Due to the quality of the business plan, prior experience and education in
printing and bookbinding, and a history of paying loan obligations, the committee
recommended funding this business expansion even though the loan will not be fully
secured. The loan will be partially secured by a lien on the owner's personal vehicle.
Said project is amicro-enterprise business and the owner qualifies as low-moderate
income. Draft minutes of the September 22, 2010 Economic Development Committee
meeting are included in Council's Information Packet. For more information see staff
memo included in Council packet.
Action:
~ ~ mac-
ITEM 16. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
iU - 43? PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AND THE AFSCME
PAY PLAN BY ADDING ONE HALF-TIME PLANNING AND COMMUNITY
DEVELOPMENT CLERK POSITION (AFSCME GRADE 4) AND ELIMINATING ONE
HALF-TIME PUBLIC INFORMATION ASSISTANT - PCD POSITION (AFSCME
GRADE 8).
Comment: The Planning and Community Development (PCD) Department's Public
Relations Assistant position is responsible for newsletters, media releases,
publications and other public outreach activities as well as clerical duties. The PCD
Public Relations Assistant position is currently vacant. The City's Document Services
Division recently filled an open position, which allows for the PCD public relations
duties to be provided by the Document Services Division. Staff is therefore
recommending the current half-time Public Information Assistant position (Grade 8) be
reclassified as a PCD Clerk position (Grade 4). The PCD Clerk position will be
responsible for clerical duties related to the Planning and Community Development
Department, including the Boards and Commissions the Department serves.
Action:
October 11, 2010 City of Iowa City Page 15
ITEM 17. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
SENIOR CENTER DEPARTMENT BY INCREASING ONE MAINTENANCE
~ t~ ~- q_', }, WORKER I -SENIOR CENTER POSITION FROM .81 FTE TO 1.0 FTE.
Comment: In fiscal year 2000 the Center received budget authority for two
permanent full time maintenance workers, a MWI and a MWIII. In fiscal year 2002 the
Center entered into a cooperative agreement with City Cable Television. The Center
agreed to provide 0.19 FTE MWI coverage in exchange for professional support for
Senior Center Television. In fiscal year 2003, the finance department split the MWI
position budget authority so the Center had 0.81 FTE and City Cable had 0.19 FTE.
The Center retained responsibility for hiring, supervising, and evaluating the MWI.
Since fiscal year 2000 visits to the Center have increased by 30,000, Center
memberships have doubled, and evening and weekend programming increased from
an occasional special event to nearly 60 scheduled events each month. It has become
impossible for the Center to provide the level of maintenance service needed by City
Cable Television without compromising Center maintenance and security. Further the
Center requires a minimum of two full-time maintenance positions to successfully meet
the custodial, maintenance, program, and security needs resulting from current usage.
The cost of additional wages for restoring this position to a full-time equivalent will be
approximately $6900 annually.
Action:
ITEM 18. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
~o- X39 CABLE TV DIVISION OF THE ADMINISTRATIVE OFFICES DEPARTMENT AND
THE AFSCME AND ADMINISTRATIVE PAY PLANS BY ADDING ONE FULL-TIME
GOVERNMENT PROGRAMMER POSITION (AFSCME GRADE 9) AND
ELIMINATING ONE CABLE PRODUCTION COORDINATOR POSITION
(ADMINISTRATIVE GRADE 26).
O
Comment: Restoring the Cable Administrator's position to full-time status eliminated
the need for the Production Coordinator's role in Division management but not in its
media production related responsibilities. The absence of the Coordinator has
required the temporary shifting of many production related responsibilities to other
permanent staff and a significant increase in use of temporary part-time personnel. On
review, it was determined that the Division would best be served by the creation of a
senior media production position. This change will reduce budgeted personnel cost by
approximately $8,000 annually. Currently, the Production Coordinator position is
empty.
Action:
October 11, 2010 City of Iowa City Page 16
ITEM 19
io~- 44n
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING
AGREEMENT FOR THE DODGE STREET RESURFACING PROJECT [STPN-1-
Comment: This agreement requires the City of Iowa City to design, let, inspect, and
administer work for the resurfacing of Dodge Street from Governor Street to Burlington
Street during the city wide FY 2011 Asphalt Resurfacing Project. Under the
agreement, the Iowa DOT will reimburse the City of Iowa City an estimated $625,000
for construction costs incurred during the reconstruction work on Dodge Street.
Action:
O
ITEM 20. CONSIDER A RESOLUTION, APPROVING, AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY
~v ' `}~ 1 AND BETWEEN THE CITY OF IOWA CITY AND NEUMANN MONSON TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FY2011 ELEVATOR
MODERNIZATION PROJECT.
Comment: This agreement is for a contract of services from design development
through construction administration, including a generation of plans and specifications
for the modification and replacement of five elevators in three facilities: two traction
elevators at Capitol Street Ramp, two hydraulic elevators at Dubuque Street Ramp and
one hydraulic elevator at Robert A. Lee Recreation Center. The negotiated price is a
not-to-exceed for $80,000.00, including anot-to-exceed $5,000 for reimbursables.
Action:
c
i^ ~ 7~
ITEM 21. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
l~ _~~ Z- CLERK TO ATTEST AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND THOMAS M. MARKUS, CITY MANAGER.
Comment: The proposed contract provides for a base salary of $160,000 and other
benefits as detailed in the contract.
Action: ~ai / /c
ITEM 22. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years
of age unless specific qualifications are stated.
a) Telecommunications Commission -One vacancy to fill an unexpired term,
effective upon appointment, ending N~arch 13, 2011. (Robert Kemp resigned)
nc a~a/can q~
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October 11, 2010 City of Iowa City Page 17
b)
ITEM 23. 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) Adjustment, Board of -One vacancy to fill afive-year term January 1, 2011 -
January 1, 2016. (Term expires for Le Ann Tyson)
b) Appeals, Board of -One vacancy to fill afive-year term January 1, 2011 -
December 31, 2015, for a Licensed Electrician. (Term expires for Matt
Neumiller)
c) Human Rights Commission -Three vacancies to fill three-year terms January
1, 2011 -January 1, 2014. (Term expired for Corey Stoglin, Yolanda Spears,
Dell Briggs)
d) Parks & Recreation Commission -Two vacancies to fill four-year terms
January 1, 2011 -January 1, 2015. (Term expires for David Bourgeois, Craig
Gustaveson)
e) Public Art Advisory Committee -Two vacancies to fill three-year terms January
1, 2011 -January 1, 2014. (Term expires for Annadora Khan, Jan Finlayson)
f) Senior Center Commission -Two vacancies to fill three-year terms January 1,
2011 -December 31, 2013. (Term expires for Michael Lensing, Jay Honohan)
g) Youth Advisory Commission -Two vacancies to fill two-year terms January 1,
2011 -December 31, 2012. (Term expires for Luan Heywood, Zach Wahls)
One (1) person -City High
One (1) person -West High
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, OCTOBER 20, 2010.
h) Airport Commission -One vacancy to fill an unexpired term, effective upon
appointment, ending March 1, 2013. (Greg Farris resigned)
i) Airport Zoning Brd of Adjustment -One vacancy to fill an unexpired term,
effective upon appointment, plus afive-year term January 1, 2007 -December
31, 2011. (Carl Williams resigned).
Youth Advisory Commission -One vacancy to fill an unexpired term, effective
upon appointment, ending December 31, 2011. (Gary Black resigned)
/'1.,0 /1\ ncrcnn - D4 I ', rnP
October 11, 2010 City of Iowa City Page 18
j) Airport Zoninq Brd of Adjustment -One vacancy to fill afive-year term January
1, 2009 -December 31, 2013. (Term expires for Dennis Keitel).
k) Airport Zoninq Commission -One vacancy to fill asix-year term January 1,
2006 -December 31, 2011. (Term expires for Mark Anderson).
I) Airport Zoninq Commission -One vacancy to fill asix-year term January 1,
2010 -December 31, 2015. (Term expires for Brian Sponcil)
m) 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).
n) Police Citizens Review Board -One vacancy to fill an unexpired term, effective
upon appointment, ending September 1, 2012. (Angelina Blanchard-Manning
resigned)
o) Youth Advisory Commission -One vacancy to fill atwo-year term
January 1, 2009 -December 31, 2010
One (1) person -Tate High
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, NOVEMBER 3, 2010.
ITEM 24. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 25. CITY COUNCIL INFORMATION. ~
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ITEM 26.
ITEM 27.
REPORT ON ITEMS FROM CITY STAFF.
a) City Manager. ~ p
b) City Attorney. ,p !'
c) City Clerk. -~ D ~'"
ADJOURNMENT
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