HomeMy WebLinkAbout2010-12-07 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
~ r
=..:. -~r
Iowa City ~;;-~°~;~~
City Council Agenda -~--
CITY OF IOWA CITY
Regular Formal
December 7, 2010 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street
www.ic ov.or
q~u-r~+ ~ 6stl~~ t`iU'cs~ K~
ITEM 1. CALL TO ORDER. ~~v~~ / ~ (~
ROLL CALL. ~~~d ~2~~~,'~~~i ~®~~LU.
ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Horace Mann Elementary
a) Abby Greazel
b) Carmin Martinez
c) Joe Morris
d) Grace Williari}son ~,/~
.c'/ „~`
ITEM 3. PRESENTATION.
a) MidAmerican Energy Company Community Grant Presentation
.~~~:~~
ITEM 4. CONSIDER ADOP ON OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a) Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
1. Housing and Community Development Commission: October 21, 2010
b) Permit Motions and Resolutions as Recommended by the City Clerk.
New:
1. Special Class C Liquor License for Yen Ching IC, Corp., dba Yen
Ching, 624 S. Gilbert St.
Renewal:
2. Class C Liquor License for Water-B, Inc., dba Studio 13, 13 S. Linn St.
~o~- Salo 3. Resolution to issue Dance Permit to Water-B, Inc., dba Studio 13, 13 S.
Linn St. and Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton
St.
4. Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba
Carlos O'Kelly's Mexican Cafe, 1411 Waterfront.
December 7, 2010 City of Iowa City Page 2
c) Public Hearing.
1. CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR
~®~ S~~ JANUARY 10, 2011, ON A PROPOSAL TO CONVEY A SINGLE
FAMILY HOME LOCATED AT 416 DOUGLASS COURT.
Comment: The grant for the UniverCity Neighborhood Partnership
Program allows the City to purchase twenty-five rental units located in
designated neighborhoods surrounding the University, rehabilitate them
with up to $50,000 in grant funds, and then sell them to income-eligible
buyers. Under the UniverCity Neighborhood Partnership Program, the
City proposes to sell 416 Douglass Court. The amount of the sale will be
$84,500 (this is what the City paid to purchase the home) plus the
"carrying costs," which are which are all costs incurred by the City to
acquire the home, maintain it and sell it, including abstracting and
recording fees, interest on the loan to purchase the home, mowing and
snow removal, utilities, real estate taxes, and any costs in excess of
$50,000 to repair and rehabilitate the home.
d) Resolutions.
~o-- sag
1. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
WATER MAIN, STORM INTAKES, AND PAVING PUBLIC
IMPROVEMENTS FOR AUDITOR'S PARCEL 2004016 (WOOLF
AVENUE EXTENSION), AND DECLARING PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC ACCESS AND USE.
Comment: See Engineer's Report.
e) Correspondence.
1. JCCOG Traffic Engineering Planner: Installation of (1) STOP sign on
the southeast corner of the intersection of Lakeside Drive and
Aniston Street.
2. Acting Traffic Engineering Planner: Installation (1) NO PARKING
CORNER TO HERE sign at the northwest corner of the Dodge
Street/Bloomington Street intersection.
3. JCCOG Traffic Engineering Planner: Installation of NO PARKING ANY
TIME sign on the east side of Waterfront Drive south of Southgate
Avenue. ~- ~~~~~
4. Mic Van De Voorde: Proposal for Iowa City
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.
~~ ~~~~ J
^',_„--'r,®~ CITY C7F IOWA CITY
EMORA
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: December 7, Additions
CONSENT CALENDAR: Correspondence
4e (3) Joyce Barker: Parking memo
(5) Claire Sponsler: Brick Streets
December 7, 2010 City of Iowa City Page 3
ITEM 6. PLANNING AND ZONING MATTERS. (Items "a,b,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 AN ORDINANCE REZONING APPROXIMATELY 1.38-ACRES
I p ~ ~ ~ ~ ~ OF LAND LOCATED AT 385 RUPPERT ROAD FROM INTENSI~'VE
COMMERCIAL (CI-1) TO INSTITUTIONAL PUBLIC ZONE (P-2) (REZ10-
00009) (SECOND CONSIDERATION)
Comment: At its October 21 meeting, by a vote of 6-0 (Freerks absent), the
Planning and Zoning 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. Staff recommends expedited action.
Action:
- _ _
~P~i ~~, ~ ll~i~ats o~~~ I~ -tic ~!~ s
b) CONSIDER AN ORDINANCE REZONING THE FOLLOWING PROPERTIES
OWNED BY THE CITY OF IOWA CITY TO NEIGHBORHOOD PUBLIC (P-1)
(~ - ~-1`j 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) (SECOND
CONSIDERATION)
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. Staff recommends
expedited action.
L~l%/~u~
Action:
~ie~t•
'~
/~
December 7, 2010 City of Iowa City Page 4
c)
~o~-~[~
CONSIDER AN ORDINANCE 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)
(SECOND CONSIDERATION)
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.
Staff recommends expedited action. `
Action: ~ ~~~/~~~~ ~
~~, a j ~~ - ~ CAL Q~ ~ ~~ ~ ~1-11~ i ~/ lL~i'r y~1i~ ~ ri
I ~
ITEM 7. DETERMINING THE TOWNCREST URBAN RENEWAL AREA OF THE CITY TO
HAVE CONDITIONS OF SLUM AND BLIGHT AND TO BE AN ECONOMIC
DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION,
REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH
AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR
WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS
APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE
TOWNCREST URBAN RENEWAL PLAN THEREFOR.
Comment: The proposed Towncrest Urban Renewal Plan governs approximately 49.3
acres at the corner of First Avenue and Muscatine. At its November 18 meeting by a
vote of 7-0 the Planning and Zoning Commission found that the Urban Renewal Plan
conforms to the Iowa City Comprehensive Plan and recommended approval. The
required consultation with the other taxing entities in the county was held October 15.
Adopting the proposed plan is the first step in establishing a tax increment financing
district for the urban renewal area. Staff memorandum included in Council packet.
a) PUBLIC HEARING (CONTINUED FROM 11/16)
Action:
t p - ~ ~q b) CONSIDER A RESOLUTION (DEFERRED FROM 11/16)
Action:
December 7, 2010 City of Iowa City Page 5
ITEM 8. RENEWAL OF A CLASS C LIQUOR LICENSE FOR SUMMIT RESTAURANT &
BAR, INC. DBA SUMMIT, 10 S. CLINTON STREET.
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) HEARING
Action:
b)
/~D
CONSIDER A MOTION TO DENY IN ACCORDANCE WITH STAFF
RECOMMENDATION
>^a
Action: ~~-~ ~ ~~ ~~~~~
ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 16 OF THE CITY CODE,
ENTITLED "PUBLIC WORKS," CHAPTER 3, ENTITLED, "CITY UTILITIES,"
~ o" 4~ ~ q 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. (SECOND 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. Staff
recommends expedited action.
Action:
~ Tr,
/C
December 7, 2010
City of Iowa City
Page 6
ITEM 10. CONSIDER A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$2,000,000 MIDWESTERN DISASTER AREA REVENUE BONDS (EPS
IC, 5 I~ PROPERTIES LLC PROJECT) SERIES 2010, WITH THE PROCEEDS FROM THE
SALE OF THE BONDS TO BE LOANED TO EPS PROPERTIES LLC, AN IOWA
LIMITED LIABILILTY COMPANY; THE EXECUTION AND DELIVERY OF A BOND
PURCHASE AGREEMENT AND ASSIGNMENT TO SECURE SAID BONDS; THE
EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND
EPS PROPERTIES LLC; THE ASSIGNMENT BY THE CITY TO THE ORIGINAL
PURCHASER OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID
LOAN AGREEMENT; THE SALE OF SAID BONDS; 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. Correspondence included in Council packet.
ITEM 11
tD S1(
Action:
tip r~ ~/'i' 9G ~ ~ ~// s
CONSIDER A RES UTION AUTHORIZING THE CITY MANAGER T ACCEPT A
COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CONSTRUCTION OF A
LEVEE ON THE WEST SIDE OF THE IOWA RIVER BETWEEN MCCOLLISTER
BOULEVARD AND THE CRANDIC RAILROAD AND TO SIGN THE GRANT
AGREEMENT.
Comment: On November 1, 2010 the Iowa Department of Economic Development
awarded the City of Iowa City $3,800,000 in Community Development Block Grant
(CDBG) Disaster Recovery Enhancement Funds for the construction of a levee along
the west side of the Iowa River between McCollister Boulevard and the Crandic
Railroad. This resolution authorizes the City Manager to accept the funds and to sign
the grant agreements for this project. See staff memo in the packe~additional
information. Correspondence included in Council packet. ~~
Action:
~,~/1~~~~ 3~~/mil`
~i/a~-~s
December 7, 2010 City of Iowa City Page
ITEM 12. CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CONSTRUCTION OF A
(o-~SJ~" LEVEE ON THE EAST SIDE OF THE IOWA RIVER BETWEEN THE CRANDIC
RAILROAD AND HIGHWAY 6 AND TO SIGN THE GRANT AGREEMENT.
Comment: On November 1, 2010 the Iowa Department of Economic Development
awarded the City of Iowa City $3;900,000 in Community Development Block Grant
(CDBG) Disaster Recovery Enhancement Funds for the construction of a levee along
the east side of the Iowa River between the Crandic Railroad and Highway 6. This
resolution authorizes the City Manager to accept the funds and to sign the grant
agreements for this project. See staff memo and correspondence included with item
11. ~~ ~~rrxi
Actioi
^r
~/P.j
ITEM 13. CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT a
COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CONSTRUCTION OF A
~~ ~ 51.E • LEVEE ON TAFT SPEEDWAY AND NO NAME ROAD AND TO SIGN THE GRANT
AGREEMENT.
Comment: On November 1, 2010 the Iowa Department of Economic Development
awarded the City of Iowa City $8,011,800 in Community Development Block Grant
(CDBG) Disaster Recovery Enhancement Funds for the construction of a levee to
elevate Taft Speedway and No Name Road. This resolution authorizes the City
Manager to accept the funds and to sign the grant agreements for this project. See
staff memo and correspondence included with item 11. ~~ ~~~,-~a>
Action: ~i ~~~~ /~'i~~t~~~`Z
Gf/~/h ~ ~ r /l11i ~~ s ~- e«~ ~ ~~
ITEM 14. CONSIDER A RESOLUTION AUTHORIZING THE CITY
COMMUNITY DEVELOPMENT BLOCK GRANT TO
i n - 5 j 4 ;HOUSES AND TO SIGN THE GRANT AGREEMENT.
~~
MANAGER TO ACCEPT A
FLOODPROOF 3 WELL
Comment: On November 1, 2010 the Iowa Department of Economic Development
awarded the City of Iowa City $142,182 in Community Development Block Grant
(CDBG) funds to floodproof 3 well houses at the Water Treatment Plant site. These
funds will serve as the 25% local match to a Hazard Mitigation Grant Program award to
floodproof the well houses. This resolution authorizes the City Manager to accept the
funds and to sign the grant agreements for this project.
Action:
December 7, 2010 City of Iowa City Page 8
ITEM 15. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY
AND BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS INC. OF IOWA
~y'-~'I`3 CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR COURT HILL
TRAIL PHASE 3 OF 3 FROM SCOTT BOULEVARD EAST TO WINDSOR RIDGE.
Comment: The City has received a $416,159 Grant from the Iowa Department of
Transportation to construct a trail as an extension of the Court Hill trail project into
Windsor Ridge along Ralston Creek which is a planned amenity noted in the master
plan for said area. Passage of this resolution would allow the Mayor to sign this
contract to move ahead with the plans and specifications phase of this project.
Action:
_~
ITEM 16. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY
f a•- 51 b AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY
TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WATER PLANT
WELLHOUSE SOURCE PROTECTION PROJECT.
Comment: This agreement provides for the design, bidding and engineering services
to implement flood mitigation improvements at the Water Works Prairie Park well field
site. The negotiated price is anot-to-exceed amount of $160,576.
Action:
ITEM 17. CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND MAX-CAST, INC. FOR THE FABRICATION AND
~D•- S~•~ INSTALLATION OF THE ART WORK FOR THE NORTHSIDE LITERARY WALK
EXTENSION AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST THE SAME.
Comment: This contract is for one of two portions of the cast bronze artwork to be
installed in the Literary Walk Extension in the Northside Marketplace Streetscape
project, funded in part Iowa Great Places grant.
Action:
December 7, 2010 City of Iowa City Page 9
ITEM 18. CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND ARTIST JOHN COYNE FOR THE COORDINATION OF THE
ro_-~..j`~ DESIGN, FABRICATION AND INSTALLATION OF THE NORTHSIDE LITERARY
WALK EXTENSION AND AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST THE SAME.
Comment: This contract is for one of two portions of the cast bronze artwork to be
installed in the Literary Walk Extension in the Northside Marketplace Streetscape
project, funded in part Iowa Great Places grant.
Action: / "
/I7 i vyt s 7
ITEM 19. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years
of age unless specific qualifications are stated.
a) Adjustment, Board of -One vacancy to fill afive-year term January 1, 2011 -
January 1, 2016. (Term expires for Le Ann Tyson) _
J
b) Airport Commission -One vacancy to fill an unexpired term, effective upon
appointment, ending March 1, 2013. (Greg Farris resigned)
c) Airport Zoninq 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 resi ned).
l19/> ,~ /,G~
d) Airport Zoninq Brd of Adjustment -One vacancy to fill afive-year term January
1, 2009 -December 31, 2013. (Term expires for Dennis Keitel).
e) Airport Zoninq Commission -One vacancy to fill asix-year term January 1,
2006 -December 31, 2011. (Term expires for Mark Anderson). ~~~~ _ _
f) Airport Zoninq 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). ,. ~~
December 7, 2010 City of Iowa City Page 10
~'~
~~~,
7
~w ~~
. ~ti~~~ ~
~~~~ ~I
PG
h) 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) ., _ „ ,., ~ ~ iJ ~ e ~ ~ _. ,, J ~~ ~ ~~.~~~..ay ~
i) Parks & Recreation Commission -Two vacancies to fill four-year terms
January 1, 2011 -January 1, 2015. (Term expires for David Bourgeois, Craig
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
5~~ ~i ~.~~~~-~ ~
I) 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 ~ n
m) Youth Advisory Commission -One vacancy to fill atwo-year term
January 1, 2011 -December 31, 2012
One (1) person -Tate High
ITEM 20. 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) 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.
Public Art Advisory Committee -Two vacancies to fill three-year terms January
1, 2011 -January 1, 2014. (Term expires for Annadora Khae ,Jan Finlayson)
December 7, 2010 City of Iowa City Page 11
ITEM 21. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 22. CITY COUNCIL INFORMATION.
ITEM 23. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager. ~~~ -~~l~-+~.~
b) City Attorney.
c) City Clerk.
ITEM 24. ADJOURNMENT
~~ ~ ~
-'is