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HomeMy WebLinkAbout2012-03-06 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356- 5040. lea � r Iowa City dr.%►aw °'i'-� 2 City Council Agenda Regular Formal CITY OF IOWA CITY March 6, 2012 - 7:00 p.m. City Hall — Harvat Hall �a 410 E. Washington Street /�7,ilYl .T1.,., www.icgov.orq ITEM 1. CALL TO ORDER. ITEM 1a Roll Call ITEM 2. PROCLAMATION ITEM 2a Special Olympics Month — March 2012 ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. ITEM 3a. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: ITEM 3a(1) February 21 Council Work Session ITEM 3a(2) February 21 Council Formal Official and Complete ITEM 3b. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). ITEM 3b(1) Airport Commission — December 15, 2011 ITEM 3b(2) Airport Commission — January 19, 2012 ITEM 3b(3) Housing and Community Development Commission — December 15, 2011 ITEM 3b(4) Housing and Community Development Commission — January 19, 2012 ITEM 3b(5) Human Rights Commission — January 17, 2012 ITEM 3b(6) Planning and Zoning Commission — December 15, 2011 ITEM 3b(7) Planning and Zoning Commission — January 19, 2012 ITEM 3b(8) Planning and Zoning Commission — February 2, 2012 ITEM 3b(9) Police Citizens Review Board - January 10, 2012 ITEM 3b(10) Senior Center Commission — January 19, 2012 ITEM 3b(11) Telecommunications Commission — November 28, 2011 ITEM 3c. Permit Motions and Resolutions as Recommended by the City Clerk. (New): ITEM 3c(1) Special Class C Liquor License for The Noodle Shop, Co.- Delaware, Inc., dba Noodles & Company, 201 S. Clinton St. Outdoor Service Area for The Noodle Shop, Co.- Delaware, Inc., dba Noodles & Company, 201 S. Clinton St. Renewal: Class C Liquor License for Kmarcella, Inc., dba Donnelly's Pub, 110 E. College St. Class C Liquor License for Oyama Sushi Chen's, Inc., dba Oyama Sushi, 1853 Lower Muscatine Rd. Class C Liquor License for Etre Plaza Towers Restaurant, LLC, dba Formosa, 221 E. College St. March 6, 2012 City of Iowa City Page 2 Special Class C Liquor License for W & M, LLC, dba Thai Flavors, 340 E. Burlington St. Class C Liquor License for Graze Iowa City, LLC, dba Graze, 115 E. College St. ITEM 3d. Resolutions: ITEM 3d(1) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE MERCER PARK SIDEWALK REPLACEMENT PROJECT. Comment: The project has been completed by Feldman Concrete of Dyersville, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. v- Project Estimated Cost: $ 68,000.00 ❖ Project Bid Received: $ 39,352.00 ❖ Project Actual Cost: $ 52,158.18 ITEM 3d(2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EASEMENT AGREEMENT FOR 332 S. GOVERNOR STREET AND 336 S. GOVERNOR STREET. Comment: The City purchased 332 and 336 S. Governor St. as part of the UniverCity program. Previously these adjacent properties were never separately owned. They share a driveway and a garage. This resolution approves a joint access agreement for the driveway, a joint maintenance agreement for the garage, and restrictions on parking on the driveway. Item No. 7 on the regular agenda is a resolution conveying 336 S. Governor St. subject to this easement. ITEM 3d(3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE /a- 96 CITY CLERK TO ATTEST TO THE RELEASE OF MORTGAGE FOR THE PROPERTY LOCATED AT 1030 MUSCATINE AVENUE, IOWA CITY, IOWA. Comment: The City provided the owner with a loan in 2010 to rehabilitate his home at 620 S. 7th Avenue, which is secured by a mortgage. The legal description in the mortgage is not correct; it is for 1030 Muscatine Avenue rather than 620 S. 7T" Avenue. This resolution will release the lien from 1030 Muscatine Avenue. The owner of 620 S. 7th Avenue will execute an amended mortgage to correct the legal description and encumber 620 S. 7th Avenue. ITEM 3d(4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LAURENCE SHORT, ET AL, AND TENANT SHORT'S BURGER AND SHINE LLC D /B /A SHORT'S BURGER AND SHINE, FOR A SIDEWALK CAFE. Comment: Laurence Short, et al, as landowner, and Short's Burger and Shine LLC d /b /a Short's Burger and Shine, seek a renewal of a license agreement for temporary use of public right -of -way at 18 S. Clinton Street, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. March 6, 2012 City of Iowa City Page 3 ITEM 3d(5) CONSIDER A RESOLUTION NAMING DEPOSITORIES. Comment: This resolution is recommending that MidWestOne Bank have its maximum depository limit raised from the current amount of $75 million to $100 million. Investments at this institution would be collateralized by the state sinking fund. ITEM 3d(6) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE ----r CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 2132 HOLLYWOOD BLVD., IOWA CITY, IOWA. Comment: Hills Bank and Trust has requested that the City approve a Subordination Agreement for property at 2132 Hollywood Blvd. The owner of the property has received two loans from the City of Iowa City for housing rehabilitation. The property has enough equity to cover the City's lien position. ITEM 3d(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 821 EAST CHURCH STREET, IOWA CITY, IOWA. Comment: The owner of the property received assistance from the City of Iowa City with TARP (Targeted Area Rehabilitation Program) funds in 2004. The loan has been paid off; thus the lien needs to be released. ITEM 3d(8) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE 91 CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED AT 1010 S. FIRST AVENUE, IOWA CITY, IOWA. Comment: Hills Bank and Trust has requested that the City approve a Subordination Agreement for property at 1010 S. First Avenue. The owner of the property received funding from the City of Iowa City with HOME Investment Partnership Funds in August 2007. The property has enough equity to cover the City's lien position. ITEM 3d(9) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE /dr 9a CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED AT 1541 FOSTER ROAD, IOWA CITY, IOWA. Comment: Hills Bank and Trust has requested that the City approve a Subordination Agreement for property at 1541 Foster Road. The owners of the property received a Forgivable Mortgage from the City of Iowa City for the Single Family New Home Program in January 2011. The property has enough equity to cover the City's lien position. March 6, 2012 City of Iowa City Page 4 ITEM 3e. Setting Public Hearings: ITEM 3e(1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON MARCH 20, 2012, ON AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, "STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. Comment: This resolution sets a public hearing on a proposed rate increase to the stormwater utility fee as proposed in the FY2013 budget. A rate increase is proposed to meet the demands on the City's stormwater management program due to State and Federal regulations, maintenance on existing stormwater infrastructure and community improvements and assistance. The single family residential rate will increase fifty cents per month. The multi - family residential rate will increase twenty - five cents per month. The non - residential rate will increase fifty cents for the base rate and twenty -five cents on the multiplying ERU (Equivalent Residential Unit) rate per month. ITEM 3f. Correspondence: ITEM 3f(1) Traffic Engineering Planner: Installation of (2) NO SEMIS signs for the 1100 block of North Governor Street. ITEM 3f(2) Traffic Engineering Planner: Installation of NO PARKING ANY TIME SIGNS on the cul -de -sac on Petsel Place. ITEM 3f(3) Traffic Engineering Planner: Installation of COMMERCIAL LOADING ZONE 30 MINUTE LIMIT 8 AM - 5 PM M -F and an ALL VEHICLE LOADING ZONE 15 MINUTE LIMIT 8 AM - 5 PM M -F with a 2 AM to 6 AM TOWAWAY ZONE on the north side of the 200 block of East Washington Street. ITEM 3f(4) Jake Binggeli: First Avenue Railroad Intersection [staff response included]. ITEM 3f(5) Joanna Reno: Notice of Violation for no rental permit [staff response included]. ITEM 3f(6) Bob Oppliger, Bicyclists of Iowa City: Platinum level Bike Friendly Community [staff memo included]. ITEM 3f(7) Sarah Benson Witry, Leo Baier: Support for Bus Strip Tickets [staff memo included]. ITEM 3f(8) Craig Just: University of Iowa THANK YOU ITEM 3f(9) Cody Stagg: Iowa City Curfew Ordinance. ITEM 3f(10) Parker Reineke: Speed limit on Court Street. ITEM 3f(11) Marjorie Wilhite: Gateway Project. ITEM 3f(12) Shelby Good: Iowa City Animal Shelter. ITEM 3f(13) Trenton Bedford: First Avenue and Court Street Intersection ITEM 3f(14) Felicia Pieper: Iowa City Animal Shelter [staff response included]. ITEM 3f(15) Frank Williams: Southeast Side. ITEM 3f(16) George Hospodarsky: Animal Services. ITEM 3f(17) Brian Ceccarelli: Red Light Camera Vote. ITEM 3f(18) Leo Doyle: Moped Helmet Ordinance Proposal. ITEM 3f(19) Mitchell Hasler: 21 Only Ordinance. ITEM 3f(20) Jim Maynard: New Pioneer Co -op interest in SW Quarter of Chauncey Swan Plaza Park. ITEM 3f(21) Peter Davisson: Zoning Amendments - High Density [Mayor response included] ITEM 3f(22) Tony Barrino: Trillionaire Communications _- CITY OF IOWA CITY MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: February 21 Agenda Addition CONSENT CALENDAR - ITEM 3f(23) Tom Baldridge, Del Holland, Mark Plum, Evan Fales, Misty Rebik, Maria Conzemius, Jamie Kearney, Elise Fillpot, Jim Walters, Doug Goodner: Payday lenders March 6, 2012 City of Iowa City Page 5 END OF C NSENT CALENDAR. Action: �li`�.�.� / 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, d" will proceed as outlined in the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications. ") ITEM 5a CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MARCH 20 ON A ZONING ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY PLAN AND SENSITIVE AREAS DEVELOPMENT PLAN FOR THE PENINSULA NEIGHBORHOOD PHASES 3,4 AND 5 LOCATED ON FOSTER ROAD. (REZ11- 00017) Comment: At its February 16 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated February 16. Approval will revise the Peninsula Neighborhood OPD and Plan and Sensitive Areas Development Plan to reconfigure lot lines and the street design, the mix of single - family row house and multi - family buildings and make amendments to the Peninsula Code. If there is an indication that the Council will not accept the Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required. Action: ITEM 5b CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MARCH 20 ON AN ORDINANCE AMENDING TITLE 14, ZONING, SUBSECTION 14- 2C -8Q, BONUS PROVISIONS, ADDING A FLOOR AREA BONUS FOR CONSTRUCTING CLASS A OFFICE SPACE ON UPPER FLOORS WITHIN A MULTI -STORY BUILDING IN A CENTRAL BUSINESS (CB -10) ZONE. Comment: At its February 16 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this zoning code amendment. Staff recommended approval in a report dated February 16. Approval will allow larger and potentially taller buildings within the downtown provided that they include Class A office space. Action: March 6, 2012 City of Iowa City Page ITEM 5c AMENDING TITLE 14, ZONING, ARTICLE 4E, NONCONFORMING SITUATIONS, REGARDING THE REGULATION OF NON - CONFORMING DEVELOPMENT. Comment: At its February 2 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of these amendments. Staff recommended approval in a report dated February 2. Approval of these amendments would simplify the process for regulating nonconforming development, such as parking areas, screening, landscaping, outdoor lighting, and similar as alterations are made to a property. 1. PUBLIC HEARING Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: 7 ITEM 5d REZONING 1.25 ACRES OF LAND LOCATED AT 108 MCLEAN STREET FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS -20) ZONE TO PLANNED DEVELOPMENT OVERLAY / NEIGHBORHOOD STABILIZATION RESIDENTIAL (OPD /RNS -20) ZONE (REZ12- 00002) Comment: At its February 16 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated February 16. Approval of this rezoning would allow construction of parking areas within the slope buffer allowing the conversion of the building into 16 one - bedroom apartments. If there is an indication that the Council will not accept the Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required. 1. PUBLIC HEARING Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action:, rQ G'/ 4 ITEM 5e CONSIDER A RESOLUTION APPROVING PLAT OF MACKINAW VILLAGE PART 4, IOWA CITY, IOWA. (SUB11- 00018) /0-11 Comment: The preliminary plat was approved by the City Council on December 6, 2011. 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 March 6 City Council meeting. Approval will allow the development of Mackinaw Village Part 4 a 16 -lot, 3.84 -acre residential subdivision located north of Foster Road. March 6, 2012 /,g - 9S ITEM 5f ITEM 6. City of Iowa City Page 7 CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF BROOKWOOD POINTE SECOND ADDITION, IOWA CITY, IOWA. (SUB12 -0002) Comment: The preliminary plat was approved by the City Council on June 1, 2010. 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 March 6 City Council meeting. Approval will allow the development of Brookwood Pointe Second Addition a 20 -lot, 21.95 -acre residential subdivision located west of Sycamore Street north of Terrapin Drive. Action: AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 320 FAIRCHILD STREET. /2- b 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 320 Fairchild Street. The amount of the sale will be $185,000 (this is what the City paid to purchase the home) plus "carrying costs" of approximately $5,200. "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: b. CONSIDER A RESOLUTION Action: ITEM 7. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 336 SOUTH GOVERNOR 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 336 South Governor Street. The amount of the sale will be $180,000 (this is what the City paid to purchase the home) plus "carrying costs" of approximately $10,000. "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. March 6, 2012 ITEM 8. /a- OM City of Iowa City a. PUBLIC HEARING Action: b. CONSIDER A RESOLUTION Action: 24�b&-' zda� Page 8 APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA - PHASE 3 IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This project provides for the phased development of the Terry Trueblood Recreation Area. Phase Three Improvements include the park lodge, parking, shelters, canoe and fishing jetties and a nature playground. The estimated construction cost is $3,7000,000 and will be funded with State grants, General Obligation Bond proceeds and contributions /donations. a. PUBLIC HEARING Action: 69u� b. CONSIDER A RESOLUTION . Action: M � ITEM 9. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER WATER MAIN CROSSINGS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This project will install two new water mains under the Iowa River. The new water mains will replace existing water mains that were exposed and undermined during flooding in­20G9-'The estimated construction cost is approximately $290,470 and will be funded with FEMA reimbursements and Water revenues. a. PUBLIC HEARING Action: b. CONSIDER A RESOLUTION Action: 7 March 6, 2012 ITEM 10. /a - /oy ITEM 11 City of Iowa City Page APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This project includes safety and capacity improvements to the intersection of U.S. Highway 6 and Sycamore Street intersection including pavement widening, median reconstruction, asphalt overlay though the intersection, 8' wide sidewalk installation, and installation of a new traffic signal system. The estimated construction cost of the project is $1,778,650. Funding sources will include $200,000 in a USTEP Grant from the State of Iowa, Iowa DOT 3R funds, Water revenue, and General Obligation bond proceeds. a. PUBLIC HEARING b. CONSIDER A RESOLUTION Action: PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2012, THROUGH JUNE 30, 2013, THE PROPOSED THREE -YEAR FINANCIAL PLAN FOR FY2013 - 2015, AND ALSO THE MULTI -YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2016. Comment: Public hearing to discuss the FY2013 Proposed Operating Budget, the Three - Year Financial Plan for FY2013 - 2015 and multi -year Capital Improvements Program (CIP) through FY2016. Detailed information on the budget became available for public inspection on February 24, 2012. State law requires that the City adopt a one -year budget. Council now proceeds to adopt the annual budget for the fiscal year ending June 30, 2013 (FY2013), which must be certified to the Johnson County Auditor by March 15, 2012, in the format required by the State. a) PUBLIC HEARING Action: b) CONSIDER A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2013. Action: R; W_ mi March 6, 2012 City of Iowa City Page 10 09 c) CONSIDER A RESOLUTION APPROVING THE THREE -YEAR FINANCIAL PLAN AND FIVE -YEAR CAPITAL IMPROVEMENTS PROGRAM Action: I ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 8, "POLICE REGULATIONS ", CHAPTER 5, "MISCELLANEOUS OFFENSES ", SECTION 6, "INDECENT EXPOSURE AND CONDUCT" TO CREATE TWO SEPARATE OFFENSES TO BE KNOWN AND CITED AS "INDECENT EXPOSURE" AND "PUBLIC URINATION AND DEFECATION ". (FIRST CONSIDERATION) Comment: Currently, the same section of the City Code prohibits both indecent exposure and public urination, and therefore, the same code section is cited whether the offense being charged is indecent exposure or public urination. This amendment has been suggested by the University of Iowa Student Government liaison to the City Council and will create a separate code section for each of these offenses. 6 ITEM 13. CONSIDER AN ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES, SECTION 7, PUBLIC TRANSPORTATION TO AMEND FEES. (FIRST CONSIDERATION) Comment: The Transportation Services Department through the FY2013 budgeting process proposes an increase in transit fees. This increase will cover a portion of the gap created by transit operations moving from a government activity to a business type activity. Additionally, this fee increase will move transit toward attaining a goal of user fees covering 30% - 35% of actual operating costs. The last transit fee increase was July 1, 1996. This change will take effect on July 1, 2012 and result in an estimated revenue increase through user fees of $330,000.00. In addition, as a part of our 28E Agreement for contracted paratransit services with Johnson County SEATS, the single ride fare will increase from $1.50 to $2.00. Action: 1 ITEM 14. CONSIDER AN ORDINANCE AMENDING TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE. (SECOND CONSIDERATION) Comment: This Ordinance corrects an inadvertent error that was made in July of 2010 when changes were made to the Water Service Fees. In addition, this Ordinance will also amend City code to reflect the current fee and policy of the City with regard to the extension of water mains. Action: N March 6, 2012 City of Iowa City Page 11 ITEM 15. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO ALLOW PLANTERS IN LIEU OF FENCING. (SECOND CONSIDERATION) Comment: Temporary fencing is allowed during the first year a sidewalk caf6 is open to allow an establishment to determine if an investment in anchored fencing is financially feasible. Thereafter, anchored fencing is required to delineate the caf6. This ordinance creates an alternative to fencing by allowing planters to delineate a sidewalk caf6. The ordinance also contains the requirements for planters. Action: ITEM 16. CONSIDER AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE RIVERFRONT CROSSINGS URBAN RENEWAL AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE RIVERFRONT CROSSINGS URBAN RENEWAL PLAN. (SECOND CONSIDERATION) Comment: Adopting a TIF ordinance is the final step in establishing a tax increment financing (TIF) district. Adoption of the Riverfront Crossings Urban Renewal Plan was the first step, (resolution 11 -335) and as such, had been approved by the Planning and Zoning Commission as being in conformity with the general plan for development of the City as a whole. A TIF ordinance allows the City the opportunity to chose to direct new taxes derived from the development or redevelopment of taxable property in the Urban Renewal Project Area to a TIF fund that may be used for loans, rebates, grants, advances, indebtedness, or bonds payable for projects approved by City Council. Action: 7A7"4k- March 6, 2012 City of Iowa City Page 12 ITEM 17. CONSIDER A RESOLUTION ESTABLISHING FEES FOR BUILDING PERMITS AND OTHER SERVICES AND ACTIVITIES OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND RESCINDING RESOLUTION NO. 09 -39. Comment: Resolution No. 09 -39 adopts the "Permit, Plan Review, Inspection and Licensing Fees for Iowa City Building Inspection Division," which is a fee schedule for all HIS fees for building permits, plan reviews, licensing and related matters. This resolution changes none of those fees but adds one additional fee entitled "Electronic Plan and Document Fee." The City reviews plans and documents for subdivision, rezoning, building, site plan and construction site runoff plans and issues permits based upon the approval of the plans. To better serve citizens, architects and developers, an electronic web -based plan and document submission, review and approval process is being implemented to streamline this regulatory process. This resolution adopts a fee of $28 for plans and documents submitted electronically and is necessary to offset the costs of providing this enhanced service. The fee will be effective upon implementation of the electronically submitted plans and document service. Action: ITEM 18. CONSIDER A RESOLUTION ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF THE IOWA CITY HOUSING AND INSPECTION SERVICES DEPARTMENT AND RESCINDING RESOLUTION NO. 09 -40. Comment: City Council has directed the rental housing division to fund 100% of its budget through permit fees. Accordingly, housing inspection proposes to increase rental permit fees. Presently the fees are $150 per structure, $17 per unit and $7 per bedroom. The proposed fee structure would be $157 per structure, $17 per unit and $8 per bedroom. Under the proposed fee structure, fees for a typical 12 unit, 2 bedroom per unit multi - family building would equal a $11 cents per month, per unit increase. Fees for a typical 3 bedroom single family rental would equal a $.42 per month increase. Fee schedule would become effective on June 1, 2012. Resolution No. 08 -119 provides that rental units are to be inspected every two years and the rental permit is for two years accordingly. March 6, 2012 City of Iowa City Page 13 ITEM 19. CONSIDER A RESOLUTION APPROVING FUNDING FOR KATY L.L.0 DBATRUMPET BLOSSOM CAFE FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - /a- /05 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 February 23, 2012 the City Council Economic Development Committee recommended $35,000 in funding for this project from the CDBG Economic Development Fund. The Council Economic Development Committee recommended that these funds be as a loan at 0% interest for a maximum term of 7 years. Due to the quality of the business plan, prior experience in the restaurant industry (former co -owner of the Red Avocado) and a history of paying loan obligations, the committee recommended funding this new business even though the loan will not be fully secured. The loan will be partially secured by a lien on the owner's personal vehicle and a lien on all business assets. Said project will create six full time equivalent positions for low -to- moderate income persons. Action: ITEM 20. 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 ABUNDANT PLAYSCAPES, INC., OF IOWA CITY TO PROVIDE ENGINEERING CONSULTING SERVICES FOR THE LOWER CITY PARK - PARK IMPROVEMENT PROJECT. Comment: This agreement authorizes Abundant Playscapes to provide a detailed master plan for Lower City Park - Park improvement project, develop construction details, bid specifications, and oversee the implementation for Phase 1 of the project. Action: ITEM 21. CONSIDER A MOTION GRANTING A 45 -DAY EXTENSION TO THE POLICE CITIZENS REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT WITH THE CITY COUNCIL ON COMPLAINT # 11 -03. Comment: Ordinance 97 -3792 establishes the Police Citizens Review Board and sets forth mechanisms for complaints. The Ordinance also provides the City Council to grant extensions to the 45 -day reporting requirement for good cause. At their meeting of February 22, 2012, the Board unanimously requested an additional 45 -day extension. Action: March 6, 2012 City of Iowa City Page 14 ITEM 22. 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: ITEM 22a Board of Adjustment — One vacancy to fill an unexpired term, effective upon appointment, ending January 1, 2014. (Barbara Eckstein resigned). ITEM 22b 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, March 14, 2012. ITEM 22c Planning & Zoning Commission — One vacancy to fill a five -year term May 1, 2012 — May 1, 2017. (Term expires for Elizabeth Koppes). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, March 28, 2012. New: ITEM 22d Metropolitan Planning Organization (MPO- formerly JCCOG) Community Climate Action Taskforce (formerly Cool Cities Taskforce) — One At- Large /Public vacancy to fill a one -year term, effective upon appointment, ending March 2013. (Term expires for Thomas Carsner). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, April 11, 2012. ITEM 23. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. ITEM 23a Airport Commission — One vacancy to fill a four -year term March 1, 2012 — March 1, 2016. (Term expires for Jo$e Assouline). Qr ri ITEM 23b Airport Commission — One vacancy to fill an unexpired term, effective upon appointment — March 1, 2014. (Steve Crane resigned) .'oo-_ '!::F' ITEM 23c Airport Zoning Brd of Adiustment — One vacancy to fill a five -year term January 1, 2012 - December 31, 29,16. (New full term). March 6, 2012 City of Iowa City Page 15 ITEM 23d Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1, 2009 - December 3A1, 2013. (Term expires for Dennis Keitel). ITEM 23e Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2010 — December 31, 2015. (Term expires for Brian Sponcil) ./y ezw ITEM 23f Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2012 — December 31, 2017. (New ull term). ITEM 23g Housing & Community Development Commission — One vacancy to fill an unexpired term, effective upon appoinAment —.September 1, 2014. (Michael McKay resigned) ITEM . /COMMUNITY COMMENT IF NECESSARY] ITEMS NOT ON THE AGENDA). � Y] ( ) ITEM 25. CITY COUNCIL INFORMATION. ITEM 26. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. b) City Attorney. c) City Clerk. ITEM 27. ADJOURN (to work session if needed). petollz�`M �7 1 /5 Mild 14