HomeMy WebLinkAbout2010-11-30 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
Special Formal
November 30, 2010 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street
www.ic ov.or
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ITEM 1. CALL TO ORDER. f p55~ ~Q{^Y ~ %~~Q~~~
ROLL CALL.
ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Lincoln Elementary
a) Mae McDonough
b) Will Peterson
c) Simran Sarin
ITEM 3. 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 15, Regular Council Work Session
2. November 16, Regular Council Formal Official and Complete
b) Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
1. Board of Adjustment: October 13, 2010
2. Human Rights Commission: October 19, 2010
3. Youth Advisory Commission: October 3, 2010
4. Airport Commission: October 14, 2010
5. Telecommunications Commission: October 24, 2010
6. Planning and Zoning Commission: October 21, 2010
c) Permit Motions and Resolutions as Recommended by the City Clerk.
New:
1. Class B Native Wine Permit for Lyla, LLC, dba Lyla's Boutique, 211 E.
Washington St.
Renewal:
2. Class C Liquor License for Inc., Limited, dba Sanctuary Restaurant, 405
S. Gilbert St.
3. Special Class C Liquor License for Pagliai's Pizza Palace, Ltd., dba
Pagliai's Pizza, 302 E. Bloomington St.
4. Class C Beer Permit for Sector, Inc., dba Creekside Market, 2601
Highway 6 E.
November 30, 2010 City of Iowa City Page 2
5. Class C Liquor License for Lusati, Inc., dba Quinton's Bar & Deli, 215
E. Washington St.
d) Motions.
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT
OF $13,582,948.76 FOR THE PERIOD OF OCTOBER 1 THROUGH
OCTOBER 31, 2010, 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.
e) Public Hearing.
1. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR
JANUARY 10, 2011 REGARDING AN AMENDMENT TO IOWA
CITY'S FY11 ANNUAL ACTION PLAN, THAT IS A SUB-PART OF
IOWA CITY'S 2011-2015 CONSOLIDATED PLAN (a.k.a. CITY
STEPS).
Comment: A public hearing regarding an amendment to the FY11
Annual Action Plan, to use anticipated $1,398,000 of CDBG program
income to fund seven Public Facility projects is being set for January 10,
2011. A 30-day public comment period will start on December 8, 2010.
f) Resolutions.
(D ~- 9 9 7 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
2512 ASTER AVENUE, IOWA CITY, IOWA.
Comment: The Iowa Valley Habitat for Humanity owns the property
located at 2512 Aster Avenue and received assistance through the City
of Iowa City's Community Development Block Grant (CDBG) funds.
The CDBG assistance is secured by a mortgage on this property and
Habitat is conveying this property to a family. Because the family has
executed a mortgage in favor of the City to secure the CDBG
assistance, the City can release this lot.
November 30, 2010
City of Iowa City Page 3
~n._ q.q g 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS
REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE
PROPERTY LOCATED AT 2016 WESTERN ROAD, IOWA CITY,
IOWA.
Comment: The owner of the property located at 2016 Western Road
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.
r o ~ 4-qq 3. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
IOWA CITY KICKERS SOCCER PARK RENOVATION 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. Staff
memorandum included in Council packet.
~ ~; _ 5~~ 4. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
STORM SEWER, TILE LINES, WATER MAIN, SANITARY SEWER,
AND PAVING PUBLIC IMPROVEMENTS FOR MOUNT PROSPECT
ADDITION, PART IX, AND DECLARING PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC ACCESS AND USE.
Comment: See Engineer's Report.
g) Correspondence.
1. Taft Speedway: Ruth Scott Smith, James White
p„ Idyllwild: Robert Benson, William & Lyda Brown, Sally Cline, Miriam
Newman ~- ~ - ~~-~~~=~
3. Jeff Haring: Affordable housing
4. Fami Kiche: 21 Ordinance
5. Ann Weiser: Closing of Budcat Creations
6. Scott Hansen: Support for multi-use trail
7. Deborah Thornton: Atlanta's public/low income housing
improvements
8. o Amanda Stevens: Police reports [staff response included]
°~" "~`~`~ D,OF CONSENT CALENDAR. ~/ /
ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to "City Council Information"
item.
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~•!~®~~ CITY OF IOWA CITY
~'~~'~~ ~ N D C~ M
MEIVIQRA
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: November 30, 2 i ions
CALENDAR: Correspondence
3g (1) Taft Speedway & Idyllwild: Sally Cline (2), James White (2) Joel Wilcox (2), Betty Jo
Wilcox; Joseph Greathouse, Philip Reisetter, Karen Lessner, Kurt Kimmerling,
Martha Monick (2), Jeanne Hartman, Dale Simon, Susie Pappas, Mike & Ginger
Crawford, Willis & Beverly Johansen, Sally Cline, Terry Miller Chait, Carole & Lyle
Seydel, Robert Fellows, Mary Kathryn Wallace, Gerald & Lois Gerard, Jean Davidson,
Joe & Barbara Tobin, Bruce & Mary Gantz, Karlen Fellows, Edwin Warth.
(8) Police Reports: Amy Schoon, Steve Soboroff [2"d staff response included]
(9) Gilbert Street Streetscape: John Thomas (staff response included]
November 30, 2010 City of Iowa City Page 4
ITEM 5. PLANNING AND ZONING MATTERS. (Items "a,b,c,d,e" will proceed as outlined in
the City Attorney's merno of 2/28/07 entitled "Rezonings, Due process and Ex parte
communications.")
a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JANUARY 10T"
ON AN ORDINANCE REZONING APPROXIMATELY 49.3-ACRES OF LAND
LOCATED AT FIRST AVENUE AND MUSCATINE AVENUE AND
AMENDING SECTION 14-3C OF THE ZONING CODE TO ESTABLISH THE
TOWNCREST DESIGN REVIEW OVERLAY DISTRICT. (REZ10-00015)
Comment: At its November 18 meeting, by a vote of 6-0 (Eastham abstaining),
the Planning and Zoning Commission recommended approval of this rezoning.
Approval will create the Towncrest Design Review Overlay District providing for
staff design review of building and site developments to assure consistency
with the Towncrest Urban Renewal Plan and Design Manual.
Action:
b) REZONING APPROXIMATELY 1.38-ACRES OF LAND LOCATED AT 385
RUPPERT ROAD FROM INTENSITVE COMMERCIAL (CI-1) TO
INSTITUTIONAL PUBLIC ZONE (P-2) (REZ10-00009)
Comment: At its October 21 meeting, by a vote of 6-0 (Freerks absent), the
Planning and 7_oning Commission recommended approval of this rezoning.
Staff recommended approval in a report dated October 21, 2010. Approval will
allow this property to reflect ownership by the University of Iowa for use as a
helipad.
PUBLIC HEARING
Action: )o°i ~.°X~a~ -
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
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November 30, 2010
City of Iowa City Page 5
c) REZONING THE FOLLOWING PROPERTIES OWNED BY THE CITY OF
IOWA CITY TO NEIGHBORHOOD PUBLIC (P-1) ZONE: FROM OVERLAY
PLANNED DEVELOPMENT LOW DENSITY (OPD-5) ZONE FOR
PROPERTIES LOCATED IN DEAN OAKES SIXTH ADDITION,
THORNBERRY DOG PARK AND PENINSULA PARK, AND OAKMONT
ESTATES; FROM OVERLAY PLANNED DEVELOPMENT LOW DENSITY
(OPD-5) ZONE AND INTERIM DEVELOPMENT MULTI-FAMILY
RESIDENTIAL (ID-RM) ZONE FOR PROPERTY LOCATED IN SAND HILL
PARK; FROM OVERLAY PLANNED DEVELOPMENT MEDIUM DENSITY
(OPD-8) ZONE FOR FRAUENHOLTZ-MILLER PARK; FROM LOW DENSITY
SINGLE FAMILY (RS-5) ZONE FOR AUDITOR'S PARCEL 2002301,
TERRELL MILL PARK AREA, AND CERTAIN CITY-OWNED LAND WEST
OF SCOTT BOULEVARD; AND FROM INTERIM DEVELOPMENT MULTI-
FAMILY RESIDENTIAL (ID-RM) ZONE FOR PROPERTY LOCATED NORTH
OF MCCOLLISTER BOULEVARD (REZ10-00011)
Comment: At its October 21 meeting, by a vote of 6-0 (Freerks absent), the
Planning and Zoning Commission recommended approval of these rezonings.
Staff recommended approval in a report dated October 21, 2010. Approval will
allow these properties to reflect ownership by the City of Iowa City of these
properties which are used for neighborhood open space, storm water
management areas and a municipal water reservoir.
1. PUBLIC HEARING
Action: fl~ ~ X~a-
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: ry ~ ~~ v
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d) FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 1.85 ACRES OF
PROPERTY LOCATED AT 4764 420T" ST SE, JOHNSON COUNTY (ANN10-
00004)
Comment: At its October 7 meeting, by a vote of 6-0 (Payne absent), the
Planning and Zoning Commission recommended approval of the proposed
annexation. Staff recommended approval in a report dated October 7, 2010.
Annexation of this property will allow the property to be incorporated into the
City of Iowa City for future industrial development.
PUBLIC HEARING
Action: Oe ~1Cfi~a~
/0 - 5 0) 2. CONSIDER A RESOLUTION
Action: ~t ai ~P~,~_ / tJ1i vys ~iP K ~~
November 30, 2010 City of Iowa City Page 6
e) REZONING APPROXIMATELY 1.85 ACRES OF LAND LOCATED AT 4764
420th STREET SE FROM COUNTY HEAVY INDUSTRIAL (MH) TO GENERAL
INDUSTRIAL(I-1 ). (REZ10-00012)
Comment: At its October 7 meeting, by a vote of 6-0 (Payne absent), the
Planning and Zoning Commission recommended approval of the proposed
rezoning. Staff recommended approval in a report dated October 7, 2010. The
proposed rezoning will allow the property to be developed for industrial uses.
1. PUBLIC HEARING
Action: ~ 5 ~
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
ITEM 6. APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO
EXCEED $2,400,000 AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN
DISASTER AREA REVENUE BONDS (EPS PROPERTIES LLC PROJECT) SERIES
2010 OF THE CITY OF IOWA CITY, IOWA, AND RELATED MATTERS.
Comment: Under Iowa Code Chapter 419, a City may issue a special limited
obligation revenue bond and agree to loan the proceeds of the bond to a private
business for a qualifying project. The obligation of the Issuer is limited and the
obligation on the bond is not a indebtedness of the Issuer within the meaning of any
debt limit, nor does it constitute or give rise to a pecuniary liability ~of the Issuer to
become a charge against its general credit or taxing powers. By participating in a
Midwestern Disaster Area bond financing, the City of Iowa City provides an opportunity
for a business project to be realized at a lower cost of financing. Any expense of the
City with respect to a bond financing is paid by the borrower, in this case, EPS
Properties LLC. The building will be occupied by Eye Physicians and Surgeons, L.L.P.
in the Northgate Corporate Park.
a) PUBLIC HEARING
Action: _~Q, ~XtrGL
~ o ~ ~o a. b) CONSIDER A RESOLUTION
Action: G(/
November 30, 2010
City of Iowa City
Page 7
ITEM 7. CONSIDER AN ORDINANCE AMENDING TITLE 16 OF THE CITY CODE,
ENTITLED "PUBLIC WORKS," CHAPTER 3, ENTITLED, "CITY UTILITIES,"
ARTICLE G, ENTITLED "STORM WATER COLLECTION, DISCHARGE AND
RUNOFF," AND TITLE 17, ENTITLED, "BUILDING AND HOUSING" CHAPTER 8,
ENTITLED, "GRADING ORDINANCE," TO MAKE THE CIVIL PENALTY FOR
VIOLATING EROSION CONTROL PROVISIONS AN ENHANCED CIVIL PENALTY
AND TO AMEND THE DEFINITION OF POLLUTANT. (FIRST CONSIDERATION)
Comment: Federal law and the City's national pollutant discharge elimination
system (NPDES) general permit require that the City adopt an illicit discharge
ordinance, which is codified at City Code 14-3G-11, to operate and maintain its storm
water infrastructure and to otherwise protect the waters of the Iowa River and the six
major creeks. The City also has a grading ordinance to regulate runoff on construction
sites that are regulated by a construction site runoff permit, which is section 17-8. Staff
recommends increasing the civil penalties for violating these two provisions from
$100.00 for first violation, $250.00 for second violation, and $500.00 for third and
subsequent violations to $250.00/$500.00/$750.00. This ordinance also modifies the
definition of pollutant to include sediment to correct an oversight. According to the
EPA, sediment is usually the main pollutant of concern in storm water runoff.
Action:
~~
ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 5, ENTITLED BUSINESS AND
/I}- 4~-J5 LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS", SECTION 10,
"TERMS OF DECALS AND AUTHORIZATION; RENEWALS" TO CHANGE DRIVER
AUTHORIZATIONS TO BE VALID FOR ONE YEAR AND PLACE RESPONSIBILITY
FOR MAINTAINING A VALID IOWA CHAUFFEUR'S LICENSE ON THE DRIVER
AND THE TAXICAB BUSINESS. (SECOND CONSIDERATION)
Comment: In April the State of Iowa implemented a new procedure for issuance
and/or renewal of drivers license which provides fora 30 day temporary license. To
avoid the necessity of a driver having to return to the City twice, once with the
temporary and a second time with the final issued license, this ordinance clarifies
language that the driver and taxicab business are responsible for ensuring every driver
have a valid chauffeur's license. The City will continue to verify a valid chauffeur's
license prior to adding the driver to the City's authorization list. Staff requests
expedited action.
Action:
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November 30, 2010 City of Iowa City Page 8
ITEM 9. CONSIDER A RESOLUTION DECLARING AN OFFICIAL INTENT UNDER
~~ ~ S~ 3 TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY
FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH
SPECIFIED PROJECTS.
Comment: This resolution allows the City to be reimbursed for the purchase of two
pumper trucks and one ladder truck for the Fire Department. By purchasing the trucks
now the City will save approximately $95,000. We were not planning to sell bonds
until Spring 2011, but these trucks were already included in the FY11 budget.
Action: /.Ui/hr~cn~
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ITEM 10. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY
1,~, ~G4 CLERK TO ATTEST A GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF
NATURAL RESOURCES FOR DEVELOPMENT OF THE TERRY TRUEBLOOD
RECREATION AREA - PHASE TWO PROJECT.
Comment: The city has received a $200,000 grant from the Iowa Department of
Natural Resources to assist in the development and construction of the Terry
Trueblood Recreation Area Phase two. Passage of this resolution would allow the
mayor to sign the agreement for this REAP (Resource Enhancement and Protection)
grant and allow the city to obtain the funding.
Action:
ITEM 11. CONSIDER A RESOLUTION ON UNCLASSIFIED SALARY COMPENSATION FOR
~~ -~~ FISCAL YEAR 2011 FOR THE CITY ATTORNEY AND CITY CLERK.
Comment: City Council held an executive session on November 16th to evaluate the
City Attorney and City Clerk. A 2.87% increase was made in the compensation paid to
each individual as a result of the evaluation.
Action:
ITEM 12. 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) Airport Commission -One vacancy to fill an unexpired term, effective upon
appointment, ending March 1, 2013. (Greg Farris resigned)
November 30, 2010
City of Iowa City Page 9
c) Airport Zoning Brd of Adiustment -One vacancy to fill an unexpired term,
effective upon appointment, plus afive-year term January 1, 2007 -December
31, 2011. (Carl Williams resigned).
d) Airport Zoning Brd of Adiustment -One vacancy to fill afive-year term January
1, 2009 -December 31, 2013. (Term expires for Dennis Keitel).
e) Airport Zoning Commission -One vacancy to fill asix-year term January 1,
2006 -December 31, 2011. (Term expires for Mark Anderson).
f) Airport Zoning Commission -One vacancy to fill asix-year term January 1,
2010 -December 31, 2015. (Term expires for Brian Sponcil)
g) 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).
h) Appeals, Board of -One vacancy to fill afive-year term January 1, 2011 -
December 31, 2015, fora Licensed Electrician. (Term expires for Matt
Neumiller)
i) Parks & Recreation Commission -Two vacancies to fill four-year terms
January 1, 2011 -January 1, 2015. (Term expires for David Bourgeois, Craig
Gustaveson)
j) Public Art Advisory Committee -Two vacancies to fill three-year terms January
1, 2011 -January 1, 2014. (Term expires for Annadora Khan, Jan Finlayson)
k) 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
I) Youth Advisory Commission -One vacancy to fill atwo-year term
January 1, 2011 -December 31, 2012
One (1) person -Tate High
m) Youth Advisory Commission -One vacancy to fill an unexpired term, effective
upon appointment, ending December 31, 2011. (Gary Black resigned)
One (1) person - At Large
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, DECEMBER 1, 2010.
n) Housing & Community Development Commission -One vacancy to fill an
unexpired term, effective upon appointment, ending September 1, 2011. (Andy
Douglas resigned)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, DECEMBER 22, 2010.
November 30, 2010 City of Iowa City Page 10
ITEM 13. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 14. CITY COUNCIL INFORMATION.
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ITEM 15. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager. ~ ~
b) City Attorney. ~ ~ '
c) City Clerk. -~ ~
ITEM 16. ADJOURNMENT
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