HomeMy WebLinkAbout2012-03-20 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-
5040.
Iowa City
City Council Agenda�
Regular Formal CITY OF IOWA CITY
t2',r� March 20, 2012 - 7:00 p.m.
City Hall — Harvat Hall
410 E. Washington Street
www.icaov.orct
ITEM 1. CALL TO ORDER.
ITEM 1 a Roll Call
ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Lemme Elementary
ITEM 2a Isaac Bills
ITEM 2b Rachel Strang
ITEM 2c Luke Wright
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) March 6 Council Work Session
ITEM 3a(2) March 6 Special Council Formal Official and Complete
ITEM 3a(3) March 6 Regular 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) Historic Preservation Commission - February 9, 2012
ITEM 3b(2) Housing and Community Development Commission - February 16, 2012
ITEM 3b(3) Planning & Zoning Commission - February 16, 2012
ITEM 3b(4) Public Art Advisory Committee - December 1, 2011
ITEM 3c. Permit Motions and Resolutions as Recommended by the City Clerk. ( Renewal)
ITEM 3c(1)
Class C Liquor License for Caliente Night Club, Inc., dba Caliente Night Club, Inc.,
171 Hwy. 1 West.
ITEM 3c(2)
Class C Liquor License for Iowa City Lodge #590 B.P.O. Elks of U.S.A., dba B.P.O.
Elks #590, 637 Foster Road.
ITEM 3c(3)
Class C Liquor License for Sultana, Inc., dba El Dorado Mexican Restaurant, 1634
Sycamore St.
ITEM 3c(4)
Special Class C Beer Permit for Suburban Investors, LLC, dba Suburban BP
AMOCO - Keokuk Street, 1905 Keokuk St.
ITEM 3c(5)
Class C Liquor License for The Bandits, LLC, dba El Banditos, 327 E. Market St.
ITEM 3c(6)
Class C Liquor License for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle
Pizza Cafe, 2208 N. Dodge St.
ITEM 3c(7)
Outdoor Service Area for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza
Cafe, 2208 N. Dodge St.
t2 -107 ITEM 3c(8)
Resolution to issue Dance Permit for Caliente Night Club, Inc., dba Caliente Night
Club, Inc., 171 Hwy. 1 West.
March 20, 2012 City of Iowa City Page 2
ITEM 3d. Resolutions:
ITEM 3d(1) CONSIDER A RESOLUTION APPROVING RECIEPT OF TRAFFIC SAFETY
IMPROVEMENT PROGRAM (TSIP) FUNDS FOR PEDESTRIAN TRAFFIC
CONTROL DEVICES ON HIGHWAY 6 AND MELROSE AVENUE
ITEM 3d(2)
ITEM 3d(3)
/a— ifo
ITEM 3d(4)
49.—/11
Comment: In 2011, Iowa City applied for $21,500 in Traffic Safety Improvement
(TSIP) funds from the DOT to improve pedestrian refuge areas and install mid -way
pedestrian signals buttons and countdown timers at the Melrose Avenue / West High
School, Hwy 6 / Boyrum Street, Hwy 6 / Keokuk Street, Hwy 6 / Broadway Street,
and Hwy 6 / Fairmeadows Street intersections. This winter we received notification
that Iowa City was awarded $21,500 in reimbursement for 100% of the cost of
materials required for this project.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST DONATION AGREEMENT FOR "BOOKMARK"
SCULPTURE UPON THE RECOMMENDATION OF THE PUBLIC ART ADVISORY
COMMITTEE.
Comment: The public art initiative BookMarks included the creation and installation of
book sculptures in public spaces throughout the City from May through October 2011.
These sculptures were auctioned to private parties at the end of the program. Several
purchasers of these sculptures wish to donate them to the City for further public
display and /or use. The City Council accepted the donation of three BookMark
sculptures in December, 2011. Another purchaser is wishing to donate a Bookmark to
the City at this time. This resolution authorizes the Mayor to sign and the City Clerk to
attest donation agreement for "Bookmark" sculptures which is recommended by the
Public Art Advisory Committee.
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 MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE
COMPANY D /B /A JAVA HOUSE, FOR A SIDEWALK CAFE.
Comment: Moka Java LLC, as landowner, and Iowa City Coffee Company d /b /a Java
House, seek a renewal of a license agreement for temporary use of public right -of-
way at 211 % Washington 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.
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 MARC MOEN, AND TENANT GRAZE IOWA CITY LLC D /B /A
GRAZE, FOR A SIDEWALK CAFE.
Comment: Marc Moen, as landowner, and Graze Iowa City LLC d /b /a Graze, seek a
renewal of a license agreement for temporary use of public right -of -way at 115
College 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 20, 2012 City of Iowa City Page 3
ITEM 3d(5) 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 AMBROSE PROPERTIES, LC, AND TENANT CAFFREY,
INC. D /B /A DC'S, FOR A SIDEWALK CAFE.
Comment: Ambrose Properties, LC, as landowner, and Caffrey, Inc. d /b /a DC's,
seek a renewal of a license agreement for temporary use of public right -of -way at
124 S. Dubuque 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.
ITEM 3d(6) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERKTO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR
PROPERTY LOCATED AT 225 HUNTINGTON DRIVE, IOWA CITY, IOWA.
Comment: Hills Bank and Trust has requested that the City approve a Subordination
Agreement for property at 225 Huntington Drive. The owner of the property received
a Forgivable Mortgage from the City of Iowa City for the Single Family New Home
Program in November 2009. 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 A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR
PROPERTY LOCATED AT 35 THISTLE COURT, IOWA CITY, IOWA.
Comment: Hills Bank and Trust has requested that the City approve a Subordination
Agreement for property at 35 Thistle Court. The owner of the property received a
Forgivable Mortgage from the City of Iowa City for the Single Family New Home
Program in April 2010. The property has enough equity to cover the City's lien
position.
ITEM 3e. Setting Public Hearings:
ITEM 3e(1) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR THE APRIL 17, 2012
CITY COUNCIL MEETING REGARDING THE IOWA DEPARTMENT OF
TRANSPORTATION CONSOLIDATED TRANSIT FUNDING APPLICATION FOR
IOWA CITY TRANSIT
Comment: The Metropolitan Planning Organization of Johnson County will be filing a
Consolidated Transit Funding Application on behalf of Iowa City Transit with the Iowa
Department of Transportation. In accordance with statutory requirements, this
motion will set the public hearing for the April 17, 2012 City Council meeting. A
notice will be published announcing the date of the hearing.
March 20, 2012 City of Iowa City Page 4
ITEM 3e(2) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON APRIL 3, 2012,
ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
/a- i/5 COST FOR THE CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS
RAILROAD IMPROVEMENTS PROJECT, DIRECTING THE CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER
TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This project will include construction of the railroad infrastructure for the
Iowa City Industrial Campus. The Industrial Campus is a development along 420th
Street targeted for the wind energy market. The estimated construction cost is
$1,665,000 and will be funded a $1,056,200 State Railroad Grant and the remainder
with General Obligation bond proceeds.
ITEM 3e(3) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON APRIL 3, 2012,
ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE LOWER MUSCATINE ROAD
RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.), PROJECT,
DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
Comment: This project involves the reconstruction of Lower Muscatine Road from
Kirkwood Avenue to 1st Avenue. Improvements include new roadway, sidewalk,
roadway lighting, storm sewer, sanitary sewer, water main, and other associated
improvements. The estimated construction cost is $5,649,000 and will be funded
with Federal Surface Transportation Program (STP) proceeds, Water revenues,
Wastewater revenues, General Obligation bond proceeds, and a contribution from
Kirkwood Community College.
ITEM 3f. Motions:
ITEM 3f(1) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF
$10,604,614.20 FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 29,
2012, 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.
ITEM 3g. Correspondence:
ITEM 3g(1)
Memo from City Engr.: Competitive Quotation Results
ITEM 3g(2)
Traffic Engineering Planner: Installation of (2) NO PARKING BETWEEN SIGNS with
supplemental arrows on the east side of Bartelt Road to the north and south of the
transit stop.
ITEM 3g(3)
Traffic Engineering Planner: Installation of NO PARKING ANY TIME signs on the east
side of Algonquin Road.
ITEM 3g(4)
Traffic Engineering Planner: Installation of COMMERCIAL LOADING ZONE 30
MINUTE LIMIT 8 AM — 5 PM 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 3g(5)
The Rev. Robert Dotzel: Sanctuary City
ITEM 3g(6)
Bruce Maurer: Parking fines [Staff response included]
ITEM 3g(7)
Tony Barrino: Trillionaire Communications
ITEM 3g(8)
Steve Cooper: Pay Day Lenders
ITEM 3g(9)
Michael Finlayson: Pay Day Loan Ordinance
AEG ®aJ
CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: March 20 A dditions
Consent Calendar - Setting Public hearing
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR May
7 2012, FOR THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FO
FISCAL YEAR 2012 and DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING.
Comment: The Public Housing Authority is required to submit an updated Annual
Plan for 2012 under the Quality Housing and Work Responsibility Act of 1998
( "QHWRA "). The Public Housing Reform Act requires submission of an Annual
Plan. The Annual Plan provides details about the Housing Authority's current
programs and the residents served, as well as the Housing Authority's strategy
for addressing the housing needs currently assisted families and the larger
community. The QHWRA requires that the plans be made available to the public
for review not later than 45 days before the public hearing is to take place. /
ITEM 3g(TS�,Rod Sullivan: Animal Shelter Services
ITEM 17b APPEAL OF DENIAL10E- ApPLICATIOX-FO "ERMIT TO OPERATE A
MOBILE VENDING UNIT ON CITY PLAZA OR IOWA AVENUE.
Comment: Anthony Browne submitted an application for a permit on behalf of
Hillery's BBQ, and received a denial letter from the City Manager's office dated
March 13, 2012. In accordance with City Code Mr. Browne is requesting appeal
of the decision to the City Council. Staff will provide additional information at the
hearing.
a) CONDUCT HEARING
ACTION:
b) CONSIDER A MOTION (TO AFFIRM, REVERSE, OR MODIFY THE CITY
MANAGER'S DECISION)
ACTION:
ITEM 18h 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.]
New: Police Citizens Review Board - One vacancy to fill an unexpired term,
effective upon appointment, ending September 1, 2013. (Peter Jochimsen resigned)
See correspondence included in Council packet.
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, APRIL 25,
2012.
March 20, 2012 City of Iowa City Page 5
ITEM 3g(10) Kristin Sturdevant: S. Dodge St. & Bowery Intersection [Staff response included]
ITEM 3g(11) Anna Buss, A.B. Property Management & Sales: Fire Department Fees
ITEM 3g(12) Dorsey Phelps: New Pioneer Plans for Moving and Expansion [Mayor response
included]
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. (In accordance with the City Attorney's memo of
2/28/07 entitled "Rezonings, Due Process and Ex parte communications ". Council will discuss
items # 5d and # 5f only at the formal meeting).
ITEM 5a CONSIDER A MOTION SETTING A PUBLIC HEARING FOR APRIL 3 ON AN
ORDINANCE DESIGNATING 1.25 -ACRES OF LAND LOCATED AT 108 MCLEAN
STREET AS AN IOWA CITY HISTORIC LANDMARK (REZ12- 00004)
Comment: At its March 9 meeting, by a vote of 8 -0 (Downing, Thomann and Wagner
absent) the Historic Preservation Commission recommend approval of the designation of
108 McLean Street as a Historic Landmark. The Planning and Zoning Commission will
consider this application at their March 15 meeting. It is anticipated that they will make a
recommendation prior to the Council's April 3 meeting. Staff recommended approval in a
memorandum dated March 9. Approval will provide for review of exterior changes to the
property by the Historic Preservation Commission and provide zoning incentives to help
encourage the continue use and preservation of the building.
Action:
ITEM 5b AMENDING THE PLANNED DEVELOPMENT OVERLAY PLAN AND SENSITIV
DEVELOPMENT PLAN FOR THE PENINSULA NEIGHBORHOOD PHASES 3,
LOCATED ON FOSTER ROAD. (REZ11- 00017)
AREAS
4 AND 6
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.
1. PUBLIC HEARING
Action:
I 1
, .® CITY OF IOWA CITY
4 MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: March 20 Agenda Additions
ITEM 3e(4) Consent Calendar — Setting Public hearing
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR May 15,
2012, FOR THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR
FISCAL YEAR 2012 and DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING.
Comment: The Public Housing Authority is required to submit an updated Annual
Plan for 2012 under the Quality Housing and Work Responsibility Act of 1998
( "QHWRA "). The Public Housing Reform Act requires submission of an Annual
Plan. The Annual Plan provides details about the Housing Authority's current
programs and the residents served, as well as the Housing Authority's strategy
for addressing the housing needs currently assisted families and the larger
community. The QHWRA requires that the plans be made available to the public
fa"evbwmotTa- the public hearing is to take place.
ITEM 3g(13) Rod Sullivan: Animal Shelter Services
ITEM 17b APPEAL OF DENIAL OF APPLICATION FOR PERMIT TO OPERATE A
MOBILE VENDING UNIT ON CITY PLAZA OR IOWA AVENUE.
Comment: Anthony Browne submitted an application for a permit on behalf of
Hillery's BBQ, and received a denial letter from the City Manager's office dated
March 13, 2012. In accordance with City Code Mr. Browne is requesting appeal
of the decision to the City Council. Staff will provide additional information at the
hearing.
a) CONDUCT HEARING
ACTION:
b) CONSIDER A MOTION (TO AFFIRM, REVERSE, OR MODIFY THE CITY
MANAGER'S DECISION)
ACTION:
ITEM 18h 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.]
New: Police Citizens Review Board — One vacancy to fill an unexpired term,
effective upon appointment, ending September 1, 2013. (Peter Jochimsen resigned)
See correspondence included in Council packet.
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, APRIL 25,
2012.
March 20, 2012 City of Iowa City Page 6
ITEM 5c
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
AMENDING TITLE 14, ZONING, SUBSECTION 14- 2C -8Q, BONUS P VISIONS,
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. 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:
G k/,
ITEM 5d AMENDING TITLE 14, ZONING, ARTICLE 9A, GENERAL DEFINITIONS, ('HANGING
THE DEFINITION OF "HOUSEHOLD" AS IT APPLIES IN THE RM-44, PRM, RNS -20, RM-
20, AND CO -1 ZONES.
Comment: It is anticipated that the Planning and Zoning Commission will make a
recommendation to the City Council at their March 15 meeting. Staff recommended
approval in a memorandums dated February 24 and March 9. Approval will effectively limit
the number of unrelated persons that may reside in a dwelling to a maximum of three within
the stated zones, which will be consistent with the maximum allowed currently in all other
zones within the city. 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. Due to the need to tabulate the protests that have been received,
and that must be received by the close of the hearing, staff recommends that the first
consideration be deferred to the April 3 meeting. Correspondence included in Council
packet.
1. PUBLIC HEARING
Action:
2. CO S
Action:
y 4
so
rA
1
IDER AN OR INANCE (FIRST CONSIDERATION) �1
March 20, 2012
City of Iowa City
Page 7
ITEM 5e CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 4E,
NONCONFORMING SITUATIONS, REGARDING THE REGULATION OF NON-
CONFORMING DEVELOPMENT. (SECOND CONSIDERATION)
ITEM 5f
lo_ gJF67
ITEM 5g
la -14
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.
Action:
0
CONSIDER AN ORDINANCE REZONING 1.25 ACRES OF LAND L ATED AT 108
MCLEAN STREET FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS -20)
ZONE TO PLANNED DEVELOPMENT OVERLAY / NEIGHBORHOOD STABILIZATION
RESIDENTIAL (OPD /RNS -20) ZONE (REZ12- 00002). (SECOND CONSIDERATION)
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. The
applicant has requested expedited consideration, and correspondence is included in Council
packet.
CONSIDER A RESOLUTION APPROVING THE
IOWA CITY, IOWA. (SUB11- 00016)
Comment: 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 20 City Council meeting. Approval will allow the
development of the Patel Addition a 1 -lot, 2.52 -acre commercial subdivision located at
Sturgis Corner Drive and Riverside Drive.
Action:
March 20, 2012 City of Iowa City Page 8
ITEM 6. APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED
$5,376,250 AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN DISASTER AREA
REVENUE BONDS (IOWA CANCER CURE PROJECT) SERIES 2012, 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 an 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 or 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, Iowa Cancer Cure
LLC. The building will be occupied by Iowa City Cancer Treatment Center, LLC in the
Northgate Corporate Park. Jae,4�__
a. PUBLIC HEARING
Action:
Id— / 1 R b. CONSIDER A RESOLUTION
Action:
ITEM 7. 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: A stormwater utility fee rate increase is proposed in the FY2013 budget 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.
a. PUBLIC HEARING
vu
b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
1�
March 20, 2012 City of Iowa City Page 9
ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 8, "POLICE REGULATIONS ",
CHAPTERS, "MISCELLANEOUS OFFENSES ", SECTION 6, "INDECENT EXPOSURE
4*,(p S AND CONDUCT" TO CREATE TWO SEPARATE OFFENSES TO BE KNOWN AND
CITED AS "INDECENT EXPOSURE" AND "PUBLIC URINATION AND DEFECATION ".
(SECOND 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. Staff requests expedited action. .
//10 j�
Action: 7/z a
/o
ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AN FEES,
CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES, SECTION 7, PUBLIC TRANSPORTATION TO AMEND FEES. (SECOND
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:
ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 3, FINANCES, TAXATIOAiND EE S,
CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
/a— JA10 PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE. (PASS AND ADOPT)
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:
YEN
March 20, 2012 City of Iowa City Page 10
ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED
7D 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. (PASS AND ADOPT)
ITEM 12.
,/a - iaz>
ITEM 13.
/a - 4±+71
Comment: Temporary fencing is allowed during the first year a sidewalk cafe 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 cafe. This ordinance
creates an alternative to fencing by allowing planters to delineate a sidewalk cafe. The
ordinance also contains the requirements for planters. 1
0401�_ �
Action: Q -I- GtJ
CONSIDER A RESOLUTION CHANGING THE NAME OF THE RIVLhIRFRONT
CROSSINGS URBAN RENEWAL PLAN AND URBAN RENEWAL AREA TO THE
RIVERSIDE DRIVE URBAN RENEWAL PLAN AND URBAN RENEWAL AREA.
Comment: The Riverfront Crossings Urban Renewal Plan was approved by the City Council
October 18, 2011 and is the prerequisite for the area to be designated a Tax Increment
Financing (TIF) district. It was originally intended that the larger Riverfront Crossings area
east of the Iowa River would be added to the area established on the west side of the river.
It is now intended to expand the City- University Urban Renewal Area (downtown) south to
include the Riverfront Crossings area east of the Iowa River. This has resulted in confusion
with the area west of the Iowa River being referred to as the Riverfront Crossings Urban
Renewal Area._ This re olution will change the name to the Riverside Drive Urban Renewal
Area.
Action:
CONSIDER AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED
AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE
RIVERFRONT CROSSINGS URBAN RENEWAL AREA N /K/A RIVERSIDE DRIVE
URBAN RENEAL 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 N /K/A RIVERSIDE DRIVE URBAN RENEWAL PLAN. (PASS AND ADOPT)
Comment: Adopting a TIF ordinance is the final step in establishing a tax increment
financing (TIF) district. Adoption of the Urban Renewal Plan was the first step, (Resolution
11- 335)(Resolution changing the name precedes this agenda item) 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:
I
March 20, 2012 City of Iowa City Page 11
ITEM 14. CONSIDER A RESOLUTION OF INTENT TO BUDGET ANNUAL FUNDING FOR IOWA
CITY AREA DEVELOPMENT GROUP FOR THE FIVE FISCAL YEARS 2013 THROUGH
2017 AND FOR ADDITIONAL FUNDING OF THE CO -LAB INITIATIVE.
Comment: The Iowa City Area Development Group (ICAD) conducts a capital campaign
every five years and has come to the City for a five year pledge to continue funding. One
City Council may not bind a future City Council with a budgetary commitment, however they
may resolve their intent to budget in future years. This resolution formalizes the intent to
budget ICAD's requested pledge.
Action:
ITEM 15. CONSIDER A RESOLUTION ACCEPTING THE DEDICATION OF OUTLOT B TO THE
CITY OF IOWA CITY AS PLATTED IN MACKINAW VILLAGE, PART TWO, IOWA CITY,
IOWA.
Comment: The Developer's agreement for Mackinaw Village Part Two of the City of Iowa City
contemplated that Outlot B, which consist of 24.79 acres along the Iowa River north of Foster
Road would be a privately owned and maintained open space /conservation area ultimately
deeded to the development's Homeowner's Association. Since the time of original platting,
the developer has offered to dedicate this property to the City for public open space and public
use subject to a deed restriction preventing development of habitable structures while allowing
the installation of trails and other public infrastructure. The Parks and Recreation Department
now recommends acceptance of the dedication as being in the public interest. This
Resolution accepts the dedication of Outlot B and declares it open for public use upon the
recording of a deed approved by the City Attorney's Office.
Action:
ITEM 16. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPPRTY
LOCALLY KNOWN AS 2538 NEVADA AVENUE, WHICH IS A PUBLIC NUISANCE, FOR
THE PURPOSE OF ABATING THE NUISANCE.
Comment: The property at 2538 Nevada Avenue has been a nuisance since 2009. It
contains a single - family home, which has been vacant for approximately three years. The
City has sent the owner notices and issued citations, but the owner has failed to address the
dilapidated and dangerous condition of the home. A magistrate has found the property to be
a nuisance in violation of City Co e. Staff like to acquire the property in order to
abate the public nuisance.
Ac
March 20, 2012 City of Iowa City Page 12
ITEM 17.9/ CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER AND MAYOR TO
ACQUIRE AND REHABILITATE HOMES FOR THE UNIVERCITY NEIGHBORHOOD
L; _ X23 PARTNERSHIP PROGRAM.
Comment: The UniverCity Neighborhood Partnership Program is a joint effort between the
University of Iowa and the City to encourage home ownership and reinvestment in
designated neighborhoods. The City previously received $1.25 million dollars in I -Jobs
grant funds to purchase and rehabilitate 26 homes. The FY13 budget provides funding to
rehabilitate a few additional houses. This resolution authorizes the City Manager to buy and
rehabilitate the homes. It also authorizes the City Manager and Mayor to sign necessary
loan documents, including mortgages, with private lenders for financing the purchase of the
properties.
Action:
02o
ITEM 18. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City an
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 18a Airport Commission — One vacancy to fill an unexpired term, effective upon
appointment — March 1, 2014. (Steve Crane resigned)
ITEM 18b Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1,
2012 - December 31, 2016. (New full term).
ITEM 18c Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1,
2009 - December 31, 2013. (Term expires for Dennis Keitel).
ITEM 18d Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2010 —
December 31, 2015. (Term expires for Brian Sponcil)
ITEM 18e Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2012 —
December 31, 2017. (New full term).
ITEM 18f 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.
ITEM 18g 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.
I 1P
..
CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: March 20 Agenda Additions
ITEM 3e(4) Consent Calendar — Setting Public hearing
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR May 15,
2012, FOR THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR
FISCAL YEAR 2012 and DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING.
Comment: The Public Housing Authority is required to submit an updated Annual
Plan for 2012 under the Quality Housing and Work Responsibility Act of 1998
( "QHWRA "). The Public Housing Reform Act requires submission of an Annual
Plan. The Annual Plan provides details about the Housing Authority's current
programs and the residents served, as well as the Housing Authority's strategy
for addressing the housing needs currently assisted families and the larger
community. The QHWRA requires that the plans be made available to the public
for review not later than 45 days before the public hearing is to take place.
ITEM 3g(13) Rod Sullivan: Animal Shelter Services
ITEM 18h
EAL OF DENIAL OF APPLICATION FOR PERMIT TO OPERA'
MOBILE VENDING UNIT ON CITY PLAZA OR IOWA AVENUE.
Comment: Anthony Browne submitted an application for a permit on behalf of
Hillery's BBQ, and received a denial letter from the City Manager's office dated
March 13, 2012. In accordance with City Code Mr. Browne is requesting appeal
of the decision to the City Pouncil. Staff will provide additional information at the
hearing.
a) CONDUCT HEA
ACTION:
b) CONSIDER A MOTION (TO AFFIRM, REVERSE, OR MODIFY THE CITY
MANAGER'S DECISION)
ACTION:
ANNOUNCEMENT OF VACANCIES. Applicants Ml
18 years of age unless specific qualifications
additional notices after a period of six publicati
vacancies with postings and on the Council
publication costs will be incurred.]
ly and be
publish
advertise
dditional
are stated. [Staff will not
ons; but will continue to
agenda. However, no a
New: Police Citizens Review Board — One vacancy to fill an unexpired term,
effective upon appointment, ending September 1, 2013. (Peter Jochimsen resigned)
See correspondence included in Council packet.
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, APRIL ,
2012.
�x
March 20, 2012 City of Iowa City Page 13
ITEM 19. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age
unless specific qualifications are stated.
ITEM 19a Board of Adiustment — One vacancy to fill an unexpired term, effective upon
appointment, ending January 1, 2014. (Barbara Eckstein resigned).
ITEM 19b Youth Advisory Commission — One vacancy to fill a two -year term
January 1, 2011 —December 31, 2012
One (1) person — Tate High
ITEM 20. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 21. CITY COUNCIL INFORMATION.
ITEM 22. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager.
b) City Attorney.
c) City Clerk.
ITEM 23. ADJOURN (to work session if needed).
a�