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Home My WebLink About2011-11-22 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. Iowa City "Ift City Council Agenda Special Formal CITY OF IOWA CITY o ember 22, 2011 - 7:00 p.m. City Hall — Harvat Hall 410 E. Washington Street www.icaov.ora ITEM 1. CALL TO ORDER. ROLL CALL. ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS — Lincoln Elementary a) Bihotza James - Lejarcegui b) Ryan Braverman ITEM 3. CONSIDERR ADOPT ON OF THE SENT CALE DAR AS PRESENTED OR AMENDED. a) Approval of Council Actions, subject to corrections, as recommended by the City Clerk: 1. November 1 Special Council Work Session 2. November 1 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. Airport Commission: September 15, 2011 2. Historic Preservation Commission: October 13, 2011 3. Historic Preservation Commission: October 17, 2011 4. Human Rights Commission: October 18, 2011 5. Planning & Zoning Commission: October 20, 2011 6. Police Citizens Review Board: October 25, 2011 7. Senior Center Commission: September 15, 2011 C) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class C Liquor License for Perries, LLC, dba Perries, 18 1/2 S. Clinton St. Renewal: 2. Class C Beer Permit for Aldi, Inc., dba Aldi, Inc. #6, 1534 S. Gilbert St. 3. Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr. 4. Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr. 5. Class B Beer Permit for Pit Smokehouse, LLC, dba Pit Smokehouse, 130 N. Dubuque St. November 22, 2011 L 7 10 11 City of Iowa City Page 2 Special Class C Liquor License for India Cafe Corp., dba India Cafe, 227 E. Washington St. Class B Liquor License for Posh Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. Class C Liquor License for Suzster, Inc., dba Club Car, 122 Wright St. Class C Liquor License for Lusati, Inc., dba Quinton's Bar & Deli, 215 E. Washington St. Class C Beer Permit for Sector, Inc., dba Creekside Market, 2601 Hwy 6 E. Resolution to issue Dance Permit to Posh Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. d) Resolutions: 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 IN JOHNSON COUNTY, IOWA. Comment: The owner of the property received assistance through the City of Iowa City Community Development Block Grant (CDBG) funds. The terms of the loan have been satisfied; thus the lien needs to be released. 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1425 SYCAMORE STREET, IOWA CITY, IOWA. Comment: The owner of the property located at 1425 Sycamore 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. E 1 r35 3. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 214 CHURCH STREET, IOWA CITY, IOWA. Comment: The owner of the property received assistance through the City of Iowa City Community Development Block Grant (CDBG) funds. The terms of the loan have been satisfied; thus the lien needs to be released. 4. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 114 AMHURST STREET, IOWA CITY, IOWA. Comment: The owner of the property received assistance through the City of Iowa City Community Development Block Grant (CDBG) funds. The terms of the loan have been satisfied; thus the lien needs to be released. November 22, 2011 City of Iowa City Page 3 5. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT, A CONDITIONAL LOAN AGREEMENT, AND FIVE MORTGAGES FOR THE PROPERTIES LOCATED AT 1717 FLATIRON AVENUE, 1017 DOVER STREET, 2600 WAYNE AVENUE, 1206 DIANA STREET AND 114 AMHURST STREET, IOWA CITY, IOWA. Comment: The owner of the property received assistance through the City of Iowa City for the use of HOME Investment Partnership funds (HOME). The terms of the loans have been satisfied; thus the liens need to be released. to 0 6. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND KERNDT BROTHERS SAVINGS BANK, CEDAR RAPIDS, IOWA FOR PROPERTY LOCATED AT 358 WESTSIDE DRIVE, IOWA CITY, IOWA. tj 3tu I Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 358 Westside Drive. In 2007, the owner of the property received funding from the City of Iowa City for an Economic Development loan. The subordination will not change the City's current position, that is it will remain in second position and inferior to the owner's primary lender. 7. 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 2442 WHISPERING MEADOW DRIVE, IOWA CITY, IOWA. Comment: The Iowa Valley Habitat for Humanity owns the property located at 2442 Whispering Meadow Drive and received assistance through the City of Iowa City's HOME Investment Partnership Program funds. The HOME assistance is secured by a mortgage on this property and Habitat is conveying this property to an income eligible family. Because the family has executed a mortgage in favor of the City to secure the HOME assistance, the City can release this lot. 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 1542 DICKENSON LANE, IOWA CITY, IOWA. Comment: The Iowa Valley Habitat for Humanity owns the property located at 1542 Dickenson Lane and received assistance through the City of Iowa City's HOME Investment Partnership Program funds. The HOME assistance is secured by a mortgage on this property and Habitat is conveying this property to an income eligible family. Because the family has executed a mortgage in favor of the City to secure the HOME assistance, the City can release this lot. November 22, 2011 City of Iowa City Page 4 APPROVING, AUTHORIZING AND 9. CONSIDER A RESOLUTION DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MOKA JAVA LLC. Comment: This resolution authorizes Moka Java LLC to utilize a portion of the Black Hawk Park adjacent to 207 Washington Street for the placement of scaffolding to facilitate the replacement of windows at the building. I� 36 _ 0. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2011 SUMMER SIDEWALK REPAIR PROJECT. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. _ 3 b 5 11. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PENINSULA NEIGHBORHOOD SECOND ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. e) Setting Public Hearings: � I , 316io 1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR DECEMBER 6, 2011 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY FOR 1443 PRAIRIE DU CHIEN ROAD AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY. Comment: The City acquired 1443 Prairie Du Chien Road through the abandoned property provision under state law. The nuisance property had been empty for years. Iowa Valley Habitat for Humanity has offered to buy the property for $30,000, which is the amount the City paid to acquire the property including clean -up and other maintenance costs. 2. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR DECEMBER 6, 2011 REGARDING AN AMENDMENT TO IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (a.k.a. CITY STEPS). Comment: A public hearing regarding an amendment to the 2011 -2015 Consolidated Plan that would increase the priority for "Transportation Services" from a "medium" to a "high" priority within the CITY STEPS plan. The Housing and Community Development Commission conducted an annual review of CITY STEPS and recommended this change at their October 20, 2011 meeting. A 30 -day public comment period started on November 4, 2011 and ends on December 6, 2011. November 22, 2011 City of Iowa City Page 5 I- 3b`j 3. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR DECEMBER 6, 2011 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DEERY DEERY AND DEERY LLC FOR LOTS 16 AND 17 WITH AN OPTION ON LOTS 13, 14, and 15 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY. 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 Deery Deery and Deery LLC which requires City Council approval. This resolution sets a public hearing on the purchase agreement for December 6. The purchase agreement provides that buyer will purchase Lot 17 for $235,000 and Lot 16 for $165,000. The offer also includes an option to purchase Lots 13, 14, and 15 for $165,000 each within 180 days. f) Motions: 1. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $15,083,826.10 FOR THE PERIOD OF OCTOBER 1 THROUGH OCTOBER 31, 2011, 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. g) Correspondence: 1. Traffic Engineering Planner: Installation of (2) NO PARKING BETWEEN SIGNS signs with ARROWS on Swisher Lane. 2. Traffic Engineering Planner: Installation of NO PARKING 6 PM - 6 AM signs for northbound traffic on Freedom Court. 3. Traffic Engineering Planner: Installation of (1) NO PARKING ANY TIME sign with ARROW at the cul -de -sac on the west terminus of Haywood Drive. 4. Traffic Engineering Planner: Installation of (1) NO PARKING ANY TIME sign with ARROW for westbound Otto Street traffic near the intersection with Lee Street. 5. Tim Nuccio: Metered Sewer [staff response included]. 6. Robert Peterson: Scooter /bicycle parking [staff response included] 7. Stephen Clark: City Council Oversight on Expenditures [staff response included]. 8. Steve Ward: Disappointed. 9. Nate Mims: Recent Vote and meeting 11.1.11 [staff response included] 10. Charles & Karen McGuire; Kristy Hartsgrove: Occupy Iowa City. 11. Tia Smith: Iowa City Animal Shelter. 12. Anthony Browne: Ambulatory vs. mobile vending carts. 13. Elias Zaharias: Federal Law on Illegal Immigration. 14. Rod Sullivan (X2): JECC 15. Timothy Grady: 2305-2307 Catskill Court 16. Celie Butler: levee /dike on Taft Speedway (Email of same letter received by individual Council Members) 17. Emily Busse: Do you know an interesting UI graduate? 18. Curtis Jasa: Carousel Motors Crossing My Path ... Again(x2) 19. Nathan Kibby: Fundraiser to Benefit Pediatrics at the University of Iowa ^�.-4 CITY OF IOWA CITY �r 2510 �► ®.� M EMS RA N D U M TO: Mayor, City Council, General Public FROM: City Clerk RE: November 22 Agenda Addition ITEM 3e(4) CONSENT CALENDAR - Setting Public Hearings: RESOLUTION SETTING PUBLIC HEARING FOR DECEMBER 6, 2011 ON A PROPOSAL TO DISCLAIM ANY INTEREST IN THE IOWA CITY COMMUNITY SCHOOL DISTRICT'S CENTRAL ADMINISTRATIVE OFFICE LOCATED AT 509 SOUTH DUBUQUE STREET, IOWA CITY, JOHNSON COUNTY, IOWA. Comment: The Iowa City Community School District is selling its property at 509 South Dubuque Street to the University of Iowa. This item and the public hearing being set will clear up an identified title objection arising from the transfer of responsibility and authority for operating schools from the City to the school district in 1858 as a matter of law. Additional detail may be found in the proposed resolution. November 22, 2011 City of Iowa City Page 6 END OF CONSENT CALENDAR. Action: 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. ITEM 5. PLANNING AND ZONING MATTERS. (Items "A, B, C, G" will proceed as outlined in the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications. ") A) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR DECEMBER 6 ON AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY .34 -ACRES OF LAND LOCATED AT 221 N. LINN STREET, 225 N. LINN STREET AND 223 E. BLOOMINGTON STREET AND THE MIDAMERICAN SUBSTATION LOCATED ON THE WEST SIDE OF LINN STREET FROM NEIGHBORHOOD RESIDENTIAL STABILIZATION (RNS -12) TO CENTRAL BUSINESS SERVICE (CB -2). (REZ11- 00012) Comment: After the November 1 joint meeting of the Planning and Zoning Commission and City Council, the applicant has indicated that he will submit a revised plan addressing the concerns express by the Council for consideration at the December 6 meeting. Action:,s.�vua B) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR DECEMBER 6 ON AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY .88 -ACRES OF LAND LOCATED AT 2218 ROCHESTER AVENUE FROM LOW DENSITY SINGLE - FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (REZ11- 00009) Comment: At its November 3 meeting, by a vote of 6 -0, the Planning and Zoning Commission recommended approval of this rezoning subject to conditions pertaining to vehicular access to Rochester Avenue and compliance with the concept site plan. Staff recommended approval in a memorandum dated November 10. Approval will allow this property to be developed with nine townhouse -style multi - family dwelling units. November 22, 2011 City of Iowa City Page 7 C) CONDITIONALLY REZONING APPROXIMATLEY1.15 ACRES OF PROPERTY LOCATED 911 N. GOVERNOR STREET, FROM COMMERCIAL OFFICE (CO -1) TO LOW DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (REZ11- 00016) II — `1_i5to D) Comment: At their meeting on October 20, on a vote of 5 -0 (Payne absent) the Planning and Zoning Commission recommended approval of the rezoning with conditions as set forth in the staff report. Staff recommended approval in a report dated October 20, 2011. Approval of this rezoning will allow redevelopment of the property for multi - family dwellings. 1. PUBLIC HEARING Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: 3 CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 14 -213-8, SPECIAL PROVISIONS, BY ADDING A SUBSECTION C TO PROVIDE A TWENTY -FIVE PERCENT DENSITY BONUS OPTION FOR ELDER APARTMENT HOUSING IN THE MULTI - FAMILY ZONES EXCEPT THE NEIGHBORHOOD STABILIZATION RESIDENTIAL ZONE (RNS -20). (SECOND CONSIDERATION) Comment: At its October 6 meeting, by a vote of 5 -2 (Koppes and Plahutnik no), the Planning and Zoning Commission recommended approval of the proposed amendment. Staff recommended approval in a memo dated October 6. The ordinance will allow a 25% density bonus for elder apartment housing in multi - family zones. Staff requests expedited action. Action: E) CONSIDER AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT I` -�,� OVERLAY HIGH DENSITY SINGLE FAMILY (OPD /RS -12) PLAN FOR 2.73 - ACRES OF LAND LOCATED AT 2785, 2829 AND 2871 HEINZ ROAD. (REZ11- 00013) (PASS AND ADOPT) Comment: At its September 15 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 September 15. Approval will allow five additional ground floor residential units in lieu of commercial space and remove the requirement to build 20 garage spaces shown on the original approved plan. November 22, 2011 City of Iowa City Page 8 F) CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF SADDLEBROOK MEADOWS PART 2, IOWA CITY, IOWA. (SUB11- 00014) Comment: The preliminary plat was approved by the City Council on October 4. Staff recommends approval of the final plat subject to approval of legal papers and construction drawings. It is anticipated that legal papers and construction drawings will be approved prior to the November 22 City Council meeting. Approval will allow the development of Saddlebrook Meadows Part 2 a 21 -lot, 3.57 - acre residential subdivision located on Whispering Meadows Drive and Pinto Lane. 361 Action: 0 G) CONSIDER A MOTION TO SEND A LETTER TO THE JOHNSON COUNTY BOARD OF SUPERVISORS RECOMMENDING APPROVAL OF A REZONING FROM COUNTY PUBLIC (P) ZONE TO COUNTY RESIDENTIAL (R) ZONE FOR .93 ACRES OF PROPERTY LOCATED AT 3920 KANSAS AVENUE SW. (CZ11- 00001) Comment: At its November 3 meeting, by a vote of 6 -0, the Planning and Zoning Commission recommended approval of this rezoning and an associated lot split. Staff recommended approval in a memorandum dated November 3. Approval will allow a portion of the City landfill property to be added to an adjacent residential lot so that the septic system will be contained on that property. Action: ITEM 6. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1025 EAST BLOOMINGTON STREET. Comment: The grant for the UniverCity Neighborhood Partnership Program allows the City to purchase twenty -six 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 1025 East Bloomington Street. The amount of the sale will be $145,000 (this is what the City paid to purchase the home) plus "carrying costs" of approximately $5,000. "Carrying costs" are all the 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. a. PUBLIC HEARING Action: ` 1 r- 37v b. CONSIDER A RESOLUTION Action: 1 ✓U� i �� i November 22, 2011 City of Iowa City Page 9 ITEM 7. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1208 EAST BURLINGTON STREET AND RESCINDING RESOLUTION NO. 11 -333. ITEM 8. Comment: The grant for the UniverCity Neighborhood Partnership Program allows the City to purchase twenty -six 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 1208 East Burlington Street. The amount of the sale will be $150,000 (this is what the City paid to purchase the home) plus "carrying costs" of approximately $4,800. "Carrying costs" are all the 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. Resolution No. 11 -333 authorized the sale of this property to another buyer, but he was unable to meet a contingency. When the first sale did not close, the City accepted another offer which is the basis for this resolution. a. PUBLIC HEARING Action: b. CONSIDER A RESOLUTION Action: AMENDING THE FY2012 OPERATING BUDGET. Comment: This public hearing is being held to receive comment on amending the FY2012 budget. Supporting documentation is included with the resolution. a. PUBLIC HEARING Action: �� t t- 31,?- b. CONSIDER A RESOLUTION November 22, 2011 City of Iowa City Page 10 ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," BY ADDING THE DEFINITION OF CALIBRATOR TO SECTION 5 -2 -1, "DEFINITIONS; AMENDING SECTION 5 -2 -2 TO CLARIFY COMPANY RESPONSIBILITY WHEN A VEHICLE IS NO LONGER OPERATING AS A TAXI; AMENDING SECTION 5 -2 -7 TO PROVIDE PROVISIONS FOR ONE RATE PER COMPANY PER CALIBRATION FORM; AND SECTION 5 -2 -8 REMOVING THE OPTION OF OWNER NAME INSTEAD OF BUSINESS NAME. (SECOND CONSIDERATION) Comment: The City Code governing taxicabs was amended one year ago and this ordinance clears up issues resulting since that time. This ordinance defines "certified calibrator"; defines the applicant responsibility to remove decals, wording and lettering is a vehicle is no longer operating as a taxi; requires only one rate per calibration form; and removes the option of owner name instead of business name relative to exterior signage. The ordinance previously considered included a time period of the certificate. The manufacturers has indicated they match certification to the models indicated, and have removed that reference. Staff requests expedited action. Action: ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATION ", CHAPTER 8, "ADMINISTRATIVE SERVICE DEPARTMENTS ", SECTION 1 -8- 1, "ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED" TO UPDATE THE TITLES OF DEPARTMENTS AND THE HEADS THEREOF AND AMENDING SECTION 1 -8 -3 "DEPARTMENT HEADS" TO ESTABLISH A RESIDENCY REQUIREMENT FOR DEPARTMENT HEADS. (SECOND CONSIDERATION) Comment: Some restructuring within the City organization has resulted in name changes to departments and their department head. Further, as the City has traditionally required City department heads to live within Iowa City's boundaries as a condition of employment, the City Manager recommends this ordinance amendment to accurately reflect the names of departments and the titles of said department heads within the City as well as to codify the past practice of requiring department heads to live within Iowa City municipal limits as a condition of employment. Staff requests expedited action. Action: November 22, 2011 City of Iowa City Page 11 1 ITEM 11. CONSI RAN ORDINANCE AMENDING TITLE 3, "FINANCE, TAXATION AND FEES" OF THE CITY CODE TO ADD A NEW CHAPTER ESTABLISHING THE IOWA CITY DOWNTOWN SELF - SUPPORTIED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND PROVIDING FOR THE ESTABLISHMENT OF AN OPERATION FUND AND THE LEVY OF AN ANNUAL TAX IN CONNECTION THEREWITH. (SECOND CONSIDERATION) ITEM 12. ITEM 13. II - 313 Comment: A petition to create a SSMID was received on August 25, 2011 and it met the statutory requirements for the City Council to forward the petition to the Planning and Zoning Commission for their review. A SSMID is a self- imposed additional taxing district that will levy a tax on the properties within the specified district. The duration for the SSMID is 4 years and the requested levy is $2 per $1000 of valuation. The funds will be used for developing and managing business retention and attraction, creating and running special events, and expansion of the Park & Shop /Bus & Shop program. Funds will also be used for physical or other improvements designed to improve the image and appearance of downtown. As of November 14, signatures for a petition opposing the SSMID have been submitted representing 17.4% of the owners and 23.1 % of the property value. When both percentages reach 25 %, a unanimous Council vote is required- and if either percentage reaches 40%, the issu is declared dead. ction: Gam. / l,� -��`` i�� 19&A C NSI ER AN RD ANC AMENDING TITL� 9, OR VE CL AND TRAFFIC ", CHAPTER 1, "DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS ", SECTION 1, "DEFINITIONS "; AND AMENDING TITLE 9, "MOTOR VEHICLES AND TRAFFIC', TO ADD A NEW CHAPTER 11, AUTOMATIC TRAFFIC ENFORCEMENT, TO ALLOW FOR RED LIGHT AUTOMATED TRAFFIC ENFORCEMENT. (FIRST CONSIDERATION) Comment: This ordinance amendment will enable the City of Iowa City to implement a photo enforcement program for red light running violations. Following a Request For Proposal process, staff will initiate contract negotiations with a photo enforcement vendor and forward a recommended service provision contract to council upon adoption of this ordinance. Action: flf"10 GUi I�a�s�•J /l11� CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SEVENTH 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 Seventh Amendment to the Peninsula Neighborhood Development Agreement which extends the closing deadline for Phase 3 to June 1, 2012 and removes the condition precedent to conveyance that fifty percent (50 %) of property in any preceding phases of the Peninsula Neighborhood owned by PDC be sold or construction commenced. Action: 4,14a("'WJjl'Gu,� �e� November 22, 2011 City of Iowa City Page 12 ITEM 14. CONSIDER A RESOLUTION APPROVING ECONOMIC DEVELOPMENT PROCESS q AND POLICIES. \JOI A Comment: Staff has prepared a document recommending a formalized set of economic development policies and procedures. The City Council Economic Development Committee reviewed it at their meetings on October 18 and November 8, 2011 and concurred to forward the recommendations to City Council for approval. Action: ITEM 15. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COURT HILL TRAIL — PHASE THREE PROJECT. Comment: The project has been withdrawn from the letting that was scheduled to take place on Tuesday, November 15th and bids for the project were not received by the Iowa Department of Transportation. Staff recommends this item be deferred indefinitely. The estim be Action: ITEM 16. 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 SNYDER AND ASSOCIATES PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TERRY TRUEBLOOD RECREATION AREA PHASE FOUR IMPROVEMENT PROJECT. Comment: This agreement authorizes Snyder and Associates Professional Engineers to provide design engineering services related to the construction of the Terry Trueblood Recreation Area Phase Four Improvement Project. This project will include construction of the main lodge, outdoor patio, access drive and parking, natural play area, walkways, utilities, lighting and landscape improvement. The total cost of the engineering services is $177,200. This project will be funded by G.O. bonds. Staff memorandum included in Council Packet. Action: November 22, 2011 City of Iowa City Page 13 ITEM 17. CONSIDER A RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. Comment: The Parks and Recreation Commission and staff review fees and charges annually and increases are considered in order to help support the Recreation Division's budget. A 3 -year plan has been established with FY13 fee changes being recommended for adoption at this time, and FY14 and FY15 increases tentatively identified. Some of the FY13 changes may actually be implemented in FY12 because the summer season begins in FY12 but continues into FY13. The Parks and Recreation Commission reviewed and adopted the proposed changes at their meeting of November 9, 2011. Detailed information is included in Council packet. Action: le ITEM 18. CONSIDER A RESOLUTION REPEALING RESOLUTION Nos. 07 -261, 07 -202, 96- 59,09-196,99-379,11-66 AND 11 -231 AND CONSOLIDATING THE CONTRACTUAL AUTHORITY DELEGATED FROM THE CITY COUNCIL TO THE -� CITY MANAGER IN SAID EARLIER RESOLUTIONS INTO ONE RESOLUTION AND MAKING CHANGES TO THE AUTHORITY GRANTED TO THE CITY MANAGER TO SIGN CONTRACTS AND AUTHORIZE EXPENDITURES FOR CAPITAL OUTLAY, COMMODITIES AND OPERATING SERVICES. Comment: For ease of administration this resolution will consolidate the resolutions delegating general authority for signing contracts and authorizing expenditures from the City Council to the City Manager into one resolution. In addition, one major substantive change is being recommended by the City Manager, that being the authority of the Manager with respect to capital outlay (not including public improvement projects which are governed by state law), commodities and operational services. Currently, the Council has delegated contractual authority for such items to the City Manager if such expenditures are authorized by the Council's operating budget. The City Manager recommends that all such contracts in excess of $150,000 be approved by the City Council. Other minor clarifications are made. Contracts with respect to CDBG and HOME funding are addressed with the annual allocations and are not addressed in this resolution. Action: W'd-Im pir'-w-10-OF4, E __ 9) =__ ITEM 19. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Previous: a) Airport Zoning Brd of Adjustment — One vacancy to fill an unexpired term, effective upon appointment, plus a five -year term January 1, 2007 - December 31, 2011. (Carl Williams resigned). b) Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1, 2009 - December 31, 2013. (Term expires for Dennis Keitel). November 22, 2011 City of Iowa City Page 14 c) Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2006 — December 31, 2011. (Term expires for Mark Anderson). d) Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2010 — December 31, 2015. (Term expires for Brian Sponcil) e) Board of Adjustment — One vacancy to fill a five -year term January 1, 2012 — January 1, 2017. (Term expires for Adam Plagge) f) Planning & Zoning Commission - One vacancy to fill an unexpired term, effective upon appointment, ending May 1, 2015. (Wally Plahutnik resigned). g) Public Art Advisory Committee — Two vacancies to fill three -year terms January 1, 2012 — January 1, 2015. (Term expires for Patrick Carney, DaLayne Williamson) h) Senior Center Commission — Two vacancies to fill three -year terms January 1, 2012 — December 31, 2014. (Term expires for Rosamond Hanson, Mercedes Bern -Klug) i) Youth Advisory Commission — Two vacancies to fill two -year terms January 1, 2012 — December 31, 2013. (Term expires for Alexandra Tamerius, Caroline Van Voorhis) j) Youth Advisory Commission — One vacancy to fill a two -year term January 1, 2011 — December 31, 2012 One (1) person — Tate High APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, November 30, 2011. k) Board of Appeals — One vacancy to fill a five -year term January 1, 2012 — December 31, 2016, for a Mechanical or Building Design Professional; Or a qualified trade representative, if after 3 months no professional applies or is appointed. (Term expires for Scott McDonough). 1) Telecommunications Commission — One vacancy to fill an unexpired term, effective upon appointment — March 13, 2014. (Nolan Klouda resigned) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, December 7, 2011. New: m) Planning & Zoning Commission — One vacancy to fill an unexpired term, effective upon appointment — May 1, 2015. (Michelle Payne resigned). See correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, December 28, 2011. adIme ITEM 20. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). November 22, 2011 City of Iowa City Page 15 ITEM 21. CITY COUNCIL INFORMATION. ITEM 22. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. ' ..q� b) City Attorney. c) City Clerk. ITEM 23. CONSIDER A MOTION TO ADJOURN TO EXECUTIVE SESSION TO EVALUATE THE PROFESSIONAL COMPETENCY OF INDIVIDUALS WHOSE APPOINTMENT, HIRING, PERFORMANCE OR DISCHARGE IS BEING CONSIDERED WHEN NECESSARY TO PREVENT NEEDLESS AND IRREPARABLE INJURY TO THAT INDIVIDUALS' REPUTATIONS AND THOSE INDIVIDUALS REQUESTED A CLOSED SESSION (City Manager, City Attorney, and City Clerk). Action: ITEM 24. ADJOURN � s�5