HomeMy WebLinkAbout2012-04-17 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
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City Council Agenda
r3 Regular Formal CITY OF IOWA CITY
April 17, 2012 - 7:00 p.m.
City Hall — Harvat Hall
or�x 410 E. Washington Street
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ITEM 1. CALL TO ORDER.
ITEM 1 a Roll Call
ITEM 2. PROCLAMATION �/�/ A,
ITEM 2a Arbor Day — April 27 tZ
ITEM 2b Week of the Young Child — April 22 -28 54 a"",L �r G
ITEM 3. OUTSTANDING STUDENT C TIZENSHIP AWARDS —Grant Wood Elementary
ITEM 3a Korrin Garcia rLO,Sc hPdu led ITEM 3b Winston Lu'
ITEM 3c James omberg
ITEM 4. Youth Advisory Commission Recognition Grant Awards
ITEM 4a Matilda Mackey
ITEM 4b Eleanor Mildenstein sre- eX4rit.,
ITEM 5. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
ITEM 5a. Approval of Council Actions, subject to corrections, as recommended by
the City Clerk:
ITEM 5a(1) April 3 Special Council Formal Official and Complete
ITEM 5a(2) April 3 Council Work Session
ITEM 5a(3) April 3 Regular Council Formal Official and Complete
ITEM 5b. Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
ITEM 5b(1) Board of Adjustment — February 8
ITEM 5b(2) Civil Service Commission — March 27
ITEM 5b(3) Planning & Zoning Commission — March 15
ITEM 5c. Permit Motions and Resolutions as Recommended by the City Clerk.
(Renewal)
ITEM 5c(2) Class C Liquor License for First Avenue Productions, Inc., dba First
Avenue Club, 1550 S. First Ave.
ITEM 5c(3) Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #1, 1310 S. Gilbert
St.
ITEM 5c(4) Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #4, 2303
Muscatine Ave.
April 17, 2012 City of Iowa City Page
ITEM 5c(5) Class C Beer Permit for ND Express, Inc., dba North Dodge Sinclair,
2153 ACT Circle.
ITEM 5c(6) Class A Liquor License for Iowa City Lodge #1096 Loyal Order of Moose,
dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E.
C7) Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern &
Eatery, 330 E. Prentiss St.
Co Class C Liquor License for Sam's Pizza IC, Inc., dba Sam's Pizza IC, Inc.,
dba 441 S. Gilbert St.
g ITEM 54 Resolution to issue Dance Permit to First Avenue Productions, Inc., dba
First Avenue Club, 1550 S. First Ave. and Iowa City Lodge #1096 Loyal
Order of Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E.
ITEM 5d. Resolutions:
ITEM 5d(1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
ra -1 sq EXECUTE AND THE CITY CLERK TO ATTEST TO A
' SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND MIDWESTONE BANK FOR PROPERTY LOCATED AT 1702
GRYN DRIVE.
Comment: The City provided the owner with downpayment assistance,
which is secured by a mortgage. The owner is refinancing to obtain a
lower rate, and the lender is requesting that the City subordinate its
mortgage to the new mortgage. The property has sufficient equity to
cover the City's lien position.
ITEM 5d(2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST A TWO -MONTH EXTENSION OF THE
AGREEMENT WITH PUBLIC ACCESSTELEVISION, INC.
Comment: The agreement between the City and Public Access
Television, Inc. ( "PATV "), will end on May 1, 2012, but because City staff
and PATV are negotiating the terms of a new agreement, the parties
agreed to extend the agreement to July 1, 2012. City staff and PAN
need additional time to negotiate a new agreement, and this resolution
approves an amendment to extend the current contract to July 1, 2012.
ITEM 5d(3) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO
la- 161 HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM
WALGREENS 507, PURSUANT TO IOWA CODE SECTION 453A.22(2)
(2011).
Comment: This Resolution accepts a waiver of right to hearing and
payment of a $300 civil penalty, as set out in Iowa Code section
453A.22(2), by Walgreens 507, 2214 Muscatine Avenue. Section
453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be
assessed to a retail cigarette permit holder when and if that permit
holder's employee violates Iowa Code section 453A.2(1) by selling or
providing tobacco to a minor. An employee of Walgreens 507 has
violated Section 453A.2(1). By signing the appropriate waiver and paying
the $300 civil penalty, Walgreens 507 waives its statutory right to have a
hearing on whether the civil penalty should be assessed.
April 17, 2012
City of Iowa City Page
ITEM 5d(4) 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 COMPANY, CORALVILLE, IOWA FOR PROPERTY
LOCATED AT 2813 FRIENDSHIP STREET, IOWA CITY, IOWA.
Comment: Hills Bank and Trust Company has requested that the City
approve a Subordination Agreement for property at 2813 Friendship
Street. The owner of the property received a Mortgage from the City of
Iowa City for Downpayment Assistance Program. The property has
enough equity to cover the City's lien position.
ITEM 5d(5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
la 1(.3 AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY
OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 1112 WYLDE GREEN ROAD, IOWA CITY,
IOWA.
Comment: University of Iowa Community Credit Union has requested that
the City approve a Subordination Agreement for property at 1112 Wylde
Green Road. The owner of the property received a Mortgage from the
City of Iowa City through the Downpayment Assistance Program. The
property has enough equity to cover the City's lien position.
ITEM 5d(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 UNIVERSITY
OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 2001 SHERMAN DRIVE, IOWA CITY,
IOWA.
Comment: University of Iowa Community Credit Union has requested that
the City approve a Subordination Agreement for property at 2001
Sherman Drive. The owner of the property received a Forgivable
Mortgage from the City of Iowa City through the Single Family New Home
Construction Program. The property has enough equity to cover the City's
lien position.
ITEM 5d(7) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
CDBG DEMOLITIONS PROJECT - CONTRACT #3.
Comment: The project has been completed by D.W. Zinser Co. of
Walford, 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.
❖ Project Estimated Cost: $ 72,000.00
❖ Project Bid Received: $ 51,660.00
❖ Project Actual Cost: $ 49,005.00
April 17, 2012 City of Iowa City Page
ITEM 5d(8) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE CDG
Ia- 110(,0 DEMOLITIONS PROJECT - CONTRACT #3.
Comment: The project has been completed by D.W. Zinser Co. of
Walford, 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.
❖ Project Estimated Cost: $ 12,000.00
❖ Project Bid Received: $ 8,330.00
❖ Project Actual Cost: $ 7,085.50
ITEM 5d(9) 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 THREE GUYS
HOLDINGS LLP, AND TENANT CORNER OF THE MEADOW, INC.,
D /B /A MOTLEY COW CAFE, FOR A SIDEWALK CAFE.
Comment: Three Guys Holdings LLP, as landowner, and Corner of the
Meadow, Inc. d /b /a Motley Cow Cafe, seek a renewal of a license
agreement for temporary use of public right -of -way at 160 N. Linn 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 5d(10) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
/.1 -j($ 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 THREE GUYS
HOLDINGS, LLP, AND TENANT THAI SPICE INC. D /B /A THAI SPICE
CAFE, FOR A SIDEWALK CAFE.
Comment: Three Guys Holdings LLP, as landowner, and Thai Spice Inc.
d /b /a Thai Spice Cafe, seek a renewal of a license agreement for
temporary use of public right -of -way at 213 Iowa Avenue, 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 5d(11) 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 WILLIAM AND
JOAN GILPIN REV. TRUST, AND TENANT 2 -TONE, INC. D /B /A BLUE
BIRD DINER, FOR A SIDEWALK CAFE.
Comment: William and Joan Gilpin Rev. Trust, as landowner, and 2 -Tone,
Inc. d /b /a Blue Bird Diner, seek a renewal of a license agreement for
temporary use of public right -of -way at 330 Market 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.
4
April 17, 2012 City of Iowa City Page 5
A;- / / ()
ITEM 5d(12)
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 DLSIC LC, AND
TENANT MORROWCO LLC D /B /A PITA PIT, FOR A SIDEWALK
CAFE.
Comment: DLSIC LC, as landowner, and Morrowco LLC, d /b /a Pita Pit,
seek a renewal of a license agreement for temporary use of public right -
of -way at 113 Iowa Avenue, 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 5e. Setting Public Hearings:
ITEM 5e(1) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MAY
15, 2012 REGARDING IOWA CITY'S FY13 ANNUAL ACTION
PLAN, THAT IS A SUB -PART OF IOWA CITY'S 2011 -2015
CONSOLIDATED PLAN (a.k.a. CITY STEPS).
Comment: A public hearing regarding the FY13 Annual Action Plan,
which contains the proposed Community Development Block Grant
(CDBG) and HOME Investment Partnerships Program funded projects
is being set for May 15, 2012. A 30 -day public comment period
started on April 13, 2012.
ITEM 5e(2) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON
MAY 1, 2012 ON PLANS, SPECIFICATIONS, FORM OF
/J_ 1 ?1 CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE FIRE AND POLICE DEPARTMENT
INTERIOR REMODELING PROJECT 2012, DIRECTING CITY
CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON
FILE FOR PUBLIC INSPECTION.
Comment: The project will involve updating and remodeling individual
areas under a single contract in the Fire and Police Departments.
The renovations in the Fire Department will be modernizing the Fire
Station No. 1 kitchen and an office in the administration area. In the
Police Department the projects include updating the break room, the
station master area, the single stall restrooms and a lower level crime
lab. The project will involve removing and replacing cabinets,
countertops, fixtures, flooring, acoustical ceiling tile and lighting. The
contractor will be responsible for all associated mechanical, structural
and electrical work. The estimated construction cost $278,900 and
will be funded General Obligation bond proceeds.
April 17, 2012 City of Iowa City Page 6
ITEM 5e(3) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
at- 17a MAY 1, 2012 TO APPROVE A PURCHASE AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND ROBERT AND DORIS
SWARTZENDRUBER FOR AUDITOR'S PARCEL 2011092,
CONSISTING OF APPROXIMATELY .99 ACRES, LOCATED
IMMEDIATELY TO THE SOUTH OF THEIR HOME, ADJACENT TO
THE IOWA CITY LANDFILL, AND TO CONSIDER A PROPOSAL
TO CONVEY SAID PROPERTY.
Comment: Will convey .99 acres of property immediately to the South
of the Swartzendruber home to the Swartzendrubers to accommodate
their septic field. Landfill operations will not be harmed by the
conveyance. The purchase price will be the same amount the City paid
to acquire the same property.
ITEM 5e(4) CONSIDER A RESOLUTION OF INTENT TO CONSIDER THE
2L- M PROPOSED CONVEYANCE OF A CONCRETE FLUME DRAINAGE
EASEMENT IN THE VACATED ALLEY ADJACENT TO LOTS 10 AND
11, MANVILLE HEIGHTS ADDITION, IOWA CITY, IOWA, AND
SETTING A PUBLIC HEARING ON SAID PROPOSED CONVEYANCE
FOR MAY 1, 2012.
Comment: Parish Apartments, L.L.C., owner of 108 McLean Street, is
in the process of converting this property into apartments and improving
the parking area. Parking area will drain on to a City- owned, vacated
alley behind this property, thus requiring that the property owner obtain
an easement to install and maintain concrete drainage flumes from the
City. The City has offered to sell the easement for $562.
ITEM 5f. Correspondence:
ITEM 5f(1) Traffic Engineering Planner Installation of one (1) HANDICAP PARKING
space on the north side of G Street, adjacent to the 1906 G Street
property.
ITEM 5f(2) City Engineer: Competitive Quotation Results - Court Hills Park Public
Restroom Building.
ITEM 5f(3) Ann Campbell: Suggested savings on newspaper publication costs [Staff
response included]
ITEM 5f(4) Mari (Martha) Struxness: City Council Noise Complaint
END OF CONSENT CA ENDAR.
Action: :Mir Q4nA42V'4z1. I",
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ITEM 6. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to "City Council
Information" item at the end of the meeting agenda.
ITEM 7. 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 # 7b & 7f only at the formal meeting).
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CITY OF IOWA CITY
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MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: --A , 7_.Agenda Addition 6Vision
Consent Calendar (Correspondence) (Addition)
5f(5) Dorothy Whiston: Resolutions Before Council re. Trayvon Martin
ITEM 9 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
AND PAYMENT OF A $1500 CIVIL PENALTY FROM THE DEN, PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2011)
Comment: This Resolution accepts a waiver of right to hearing and payment of a $1500 civil
penalty, as set out in Iowa Code section 453A.22(2), by The Den, 215 E. Washington Street.
Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a
retail cigarette permit holder when and if that permit holder's employee violates Iowa Code
section 453A.2(1) by selling or providing tobacco to a minor. The civil penalty for the second
time the permit holder's employee violates Section 453A.2(1) within a two -year period is either
$1500.00 or a thirty (30) day retail cigarette permit suspension, at the option of the permittee.
This is the second time within a two -year period that an employee of The Den has violated
Section 453A.2(1). By signing the appropriate waiver and paying the $1500 civil penalty, The
Den waives its statutory right to have a hearing on whether the civil penalty should be assessed.
ITEM 10 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
AND PAYMENT OF A $300 CIVIL PENALTY FROM FAREWAY 950, PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2011)
Comment: This Resolution accepts a waiver of right to hearing and payment of a $300 civil
penalty, as set out in Iowa Code section 453A.22(2), by Fareway 950, 2530 Westwinds Drive.
Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a
retail cigarette permit holder when and if that permit holder's employee violates Iowa Code
section 453A.2(1) by selling or providing tobacco to a minor. An employee of Fareway 950 has
violated Section 453A.2(1). By signing the appropriate waiver and paying the $300 civil penalty,
Fareway 950 waives its statutory right to have a hearing on whether the civil penalty should be
assessed.
ITEM 11 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
AND PAYMENT OF A $300 CIVIL PENALTY FROM LIQUOR DOWNTOWN, PURSUANT TO
IOWA CODE SECTION 453A.22(2) (2011)
Comment: This Resolution accepts a waiver of right to hearing and payment of a $300 civil
penalty, as set out in Iowa Code section 453A.22(2), by Liquor Downtown, 315 S. Gilbert
Street. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be
assessed to a retail cigarette permit holder when and if that permit holder's employee violates
Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. An employee of Liquor
Downtown has violated Section 453A.2(1). By signing the appropriate waiver and paying the
$300 civil penalty, Liquor Downtown waives its statutory right to have a hearing on whether the
civil penalty should be assessed.
April 17, 2012 City of Iowa City Page
ITEM 7a CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MAY 1 ON AN
ORDINANCE VACATING .27 -ACRES OF STREET RIGHT -OF -WAY
ADJACENT TO LOTS 1 -8 MELROSE PLACE. (VAC12- 00001)
Comment: At its April 5 meeting, by a vote of 5 -1 (Eastham voting no, Freerks
absent), the Planning and Zoning Commission recommended approval of this
vacation. Staff recommended approval in a report dated April 5. Approval will
allow the City to vacate a portion of the Melrose Place public- right -of -way to be
incorporated into a surface parking area for the University of Iowa Hospital. The
City will retain necessary easements over the vacated right -of -way and vehicle
access will be maintained for the remaining residential properties located along
Melrose Place.
Action: 2gbu,,, e,
ITEM 7b REZONING APPROXIMATELY 2.43 ACRES OF LAND FROM INTENSIVE
COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2) FOR
PROPERTIES LOCATED EAST OF WEST SIDE DRIVE AND NORTH OF
MORMON TREK BOULEVARD NEAR ITS INTERSECTION WITH HIGHWAY 1
WEST (REZ12- 00003).
Comment: At their March 15 meeting, by a vote of 6 -0 (Koppes absent), the
Planning and Zoning Commission recommended approval. Staff recommended
approval in a report dated March 15. Approval of this rezoning (McDonald's
restaurant property) will allow expansion of an existing restaurant at 2440
Mormon Trek Boulevard and will acknowledge that general retail commercial is
appropriate at this intersection of two major arterial streets. 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.
PUBLIC HEARING /
Action:
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
April 17, 2012 City of Iowa City Page 8
ITEM 7c AMENDING TITLE 14, ZONING, ARTICLES 2B AND 2C, AND PARAGRAPH
14- 4B -4A -7 TO ESTABLISH THREE AS THE MAXIMUM NUMBER OF
BEDROOMS ALLOWED WITHIN A MULTI - FAMILY DWELLING UNIT IN
MULTI - FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI-
FAMILY USES AND TO ESTABLISH NEW RESIDENTIAL DENSITY
FORMULAS FOR MULTI - FAMILY USES LOCATED IN MULTI - FAMILY ZONES
AND IN COMMERCIAL ZONES THAT ALLOW MULTI - FAMILY USES.
Comment: At their March 15 meeting, by a vote of 5 -1 (Eastham voting no,
Koppes absent), the Planning and Zoning Commission recommended approval.
Staff recommended approval in memoranda dated February 24 and March 9.
Approval of the amendment will establish new formulas for determining
residential density for multi - family dwellings located in multi - family zones and in
commercial zones that allow multi - family uses based generally on the number of
bedrooms proposed on a property rather than on the number of units proposed. 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. Correspondence included in Council packet.
1. PUBLIC HEARING
Action: �iC QJ
@ I DO
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
ITEM 7d AMENDING TITLE 14, ZONING, ARTICLE 5A, OFF - STREET PARKING AND
LOADING STANDARDS, TO INCREASE THE NUMBER OF REQUIRED
PARKING SPACES FOR CERTAIN MULTI - FAMILY DWELLING UNITS WHEN
LOCATED WITHIN A DESIGNATED UNIVERSITY IMPACT AREA (UTA).
Comment: At their March 15 meeting, by a vote of 6 -0 ( Koppes absent), the
Planning and Zoning Commission recommended approval. Staff recommended
approval in memoranda dated February 24 and March 9. Approval will increase
the number of required parking spaces so that at least 1 parking space is
provided for each bedroom for multi - family dwelling units located in a designated
impact area close to the University of Iowa campus where parking congestion
and the resulting illegal parking is a concern. 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. Correspondence
included in Council packet.
1. PUBLIC HEARING
Action:
April 17, 2012 City of Iowa City Page !
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: i "4 6�
ITEM 7e CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 9A,��� N
GENERAL DEFINITIONS, CHANGING THE DEFINITION OF "HOUSEHOLD"
AS IT APPLIES IN THE RM -44, PRM, RNS -20, RM -20, AND CO -1 ZONES.
(SECOND CONSIDERATION)
ITEM 7f
Comment: At their March 15 meeting, by a vote of 5 -1 (Eastham voting no,
Koppes absent), the Planning and Zoning Commission recommended approval.
Staff recommended approval in memoranda 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 is consistent
with the maximum allowed currently in all other zones within the city. Protest
petitions did not meet the minimum 20% area threshold necessary to require a
super- majority vote to approve the amendment. 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. Correspondence
included in Council packet.
Action:
m;m� lAtvite, P
CONSIDER AN ORDINANCE DESIGNATING 1.25 -ACRES
LOCATED AT 108 MCLEAN STREET AS AN IOWA CITY
LANDMARK (REZ12- 00004) (SECOND CONSIDERATION)
of
OF LAND
HISTORIC
Comment: At its March 9 meeting, by a vote of 8 -0 (Downing, Thomann and
Wagner absent) the Historic Preservation Commission recommends approval of
the designation of 108 McLean Street as a Historic Landmark. At its March 15
meeting by a vote of 6 -0 the Planning & Zoning Commission recommended
approval. 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
continued use and preservation of the building. 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:
April 17, 2012
City of Iowa City Page 10
ITEM 7g CONSIDER 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. (FIRST
CONSIDERATION)
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. Due to a change to the ordinance staff recommends going
back to first consideration and then collapsing the final 2 readings on May 1.
Action:
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ITEM 8. AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA
DEPARTMENT OF TRANSPORTATION FOR FY2013 IOWA DOT STATE
TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION
FUNDING.
Comment: MPOJC will be filing an application on behalf of Iowa City Transit with
Iowa DOT for State Transit Assistance (STA) and Federal Transit Administration
(FTA) funding for FY13. Iowa City Transit will be receiving approximately
$396,848 in Iowa DOT STA formula funds and is applying for $19,762,180 in
FTA capital funding and approximately $1,359,989 of FTA operating funds. The
memorandum included in the Council packet lists the capital projects that will be
applied for in FY13 by Iowa City Transit.
a. PUBLIC HEARING
Action: old &%e---" �azaweJ
b. CONSIDER A RESOLUTION APPROVING
Action:
7d
ITEM 9. ASSESSING EITHER A 30 DAY RETAIL CIGARETTE PER IT SUSPENSION
OR $1500. 0 CIVIL PENALTY A INST THE DEN, PURS ANT TO IOWA
CODE SEC N 453A.22(2)(2011)
Comment: Th\en g is the time \naed ed for the Cound to consider
whether to adsolution asseser the 30 Day Ret 'I Cigarette
Permit suspena $1500.00 civil uthorized by Iowa C e section
453A.22(2) agDen, 215 E. on Street. Section 4 A.22(2)
provides that, h ring, a civil hall be assessed to retail
cigarette permiwhe and if thaho er's employee violate Iowa
Code section 4 by se ing or toba o to a minor. This 1 the second time wio year p riod thployee f The Den has viol ed
Section 453A.2(1). The civil p enalty for a second such violation within a two -ye r
CITY OF IOWA CITY
►� �7
'Ml MAIM
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: April 17 Agenda Addition /Revision
Consent Calendar (Correspondence) (Addition)
5f(5) Dorothy Whiston: Resolutions Before._ Council re. Trayvon Martin
ITEM 9 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
/z; -1.76 AND PAYMENT OF A $1500 CIVIL PENALTY FROM THE DEN, PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2011)
Comment: This Resolution accepts a waiver of right to hearing and payment of a $1500 civil
►� penalty, as set out in Iowa Code section 453A.22(2), by The Den, 215 E. Washington Street.
Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a
C`� retail cigarette permit holder when and if that permit holder's employee violates Iowa Code
y section 453A.2(1) by selling or providing tobacco to a minor. The civil penalty for the second
Iv time the permit holder's employee violates Section 453A.2(1) within a two -year period is either
�I� $1500.00 or a thirty (30) day retail cigarette permit suspension, at the option of the permittee.
This is the second time within a two -year period that an employee of The Den has violated
Section 453A.2(1). By signing the appropriate waiver and paying the $1500 civil penalty, The
Den waives its statutory right to have a hearing on whether the civil penalty should be assess
ITEM 10 (Revised) CONSIDER A RESOLUTION ACCEPTING �A- WAWER -UF-RIGHT TO HEARING
AND PAYMENT OF A $300 CIVIL PENALTY FROM FAREWAY 950, PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2011)
Comment: This Resolution accepts a waiver of right to hearing and payment of a $300 civil
penalty, as set out in Iowa Code section 453A.22(2), by Fareway 950, 2530 Westwinds Drive.
Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a
retail cigarette permit holder when and if that permit holder's employee violates Iowa Code
section 453A.2(1) by selling or providing tobacco to a minor. An employee of Fareway 950 has
violated Section 453A.2(1). By signing the appropriate waiver and paying the $300 civil penalty,
Fareway 950 waives its statutory right to have a hearing on whether the civil penalty should be
assessed.
ITEM 11 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
AND PAYMENT OF A $300 CIVIL PENALTY FROM LIQUOR DOWNTOWN, PURSUANT TO
IOWA CODE SECTION 453A.22(2) (2011)
Comment: This Resolution accepts a waiver of right to hearing and payment of a $300 civil
penalty, as set out in Iowa Code section 453A.22(2), by Liquor Downtown, 315 S. Gilbert
Street. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be
assessed to a retail cigarette permit holder when and if that permit holder's employee violates
Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. An employee of Liquor
Downtown has violated Section 453A.2(1). By signing the appropriate waiver and paying the
$300 civil penalty, Liquor Downtown waives its statutory right to have a hearing on whether the
civil penalty should be assessed.
April 17, 2012 City of Iowa City Page 11
ITEM 10.
period is either $1500.00 or a 30 day retail cigarette permit suspension, at the
option of the permittee. As a part of the hearing, the Council will be provided with
information establishing the employee's violation of Section 453A.2(1) and that
this is the second time within a two year period that an employee has violated
Section 453A.2(1). The permit holder's representative will then have the
opportunity to provide the Council with information s /he deems appropriate. The
Council will then decide whether to assess the requested civil penalty and, if it
decides to do so, will adopt an appropriate Resolution. Said Resolution will give
the permittee the power to determine which of the two penalties is assessed. The
hearing will not provide the opportunity for public comment.
a. CONDUCT HEARING
Action:
b. CONSIDER A RESOLUTION
/GT•iMe ,I
ASS SING A $300.00 CIVIL PENALTY AGAINST FAREWAY 950,
PU=S NT TO IOWA CODE SECTION 453A.22(2) (2011)
Comment: This hearing is the time ignated for the Council consider
whether to a opt a Resolution assessing th $300.00 civil penalty aut orized by
Iowa Code se tion 453A.22(2) against Fare ay 950, 2530 Westwin Drive.
Section 453A.2 2) provides that, after a hearin a $300.00 civil penalt will be
assessed to a re it cigarette permit holder wh and if that permit h Ider's
employee violates wa Code section 453A.2(1) by elling or providing to cco
to a minor. As a part f the hearing, the Council will b provided with informa 'on
establishing an emplo ee of permit holder Fareway 0 violated Iowa Co e
section 453A.2(1). Th permit holder's representativ will then have th
opportunity to provide the ouncil with information s /he dee s appropriate. The
Council will then decide wh ther to assess the requested ci 'I penalty and, if it
decides to do so, will adopt an appropriate Resolution. Th hearing will not
provide the opportunity for publi comment.
a. CONDUCT HEARING
Action:
b. CONSIDER A RESOLUTION
Action:
r
CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: April 17 Agenda Addition /Revision
Consent Calendar (Correspondence) (Addition)
5f(5) Dorothy Whiston: Resolutions Before Council re. Trayvon Martin
ITEM 9 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
AND PAYMENT OF A $1500 CIVIL PENALTY FROM THE DEN, PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2011)
Comment: This Resolution accepts a waiver of right to hearing and payment of a $1500 civil
penalty, as set out in Iowa Code section 453A.22(2), by The Den, 215 E. Washington Street.
Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a
retail cigarette permit holder when and if that permit holder's employee violates Iowa Code
section 453A.2(1) by selling or providing tobacco to a minor. The civil penalty for the second
time the permit holder's employee violates Section 453A.2(1) within a two -year period is either
$1500.00 or a thirty (30) day retail cigarette permit suspension, at the option of the permittee.
This is the second time within a two -year period that an employee of The Den has violated
Section 453A.2(1). By signing the appropriate waiver and paying the $1500 civil penalty, The
Den waives its statutory right to have a- hearing on whether the civil penalty should be assessed.
_..___ ........... .._ _...._._._._
/ITEM 10 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
/ is - L7 AND PAYMENT OF A $300 CIVIL PENALTY FROM FAREWAY 950, PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2011)
(� 1 Comment: This Resolution accepts a waiver of right to hearing and payment of a $300 civil
1" penalty, as set out in Iowa Code section 453A.22(2), by Fareway 950, 2530 Westwinds Drive.
5 Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a
retail cigarette permit holder when and if that permit holder's employee violates Iowa Code
section 453A.2(1) by selling or providing tobacco to a minor. An employee of Fareway 950 has
violated Section 453A.2(1). By signing the appropriate waiver and paying the $300 civil penalty,
Fareway 950 waives its statutory right to have a hearing on whether the civil penalty should
assessed.
ITEM 11 CONSIDER A RESOLUTION ACCEPTING A WAIVE GHT TO HEARING
AND PAYM DOWNTOWN, PURSUANT TO
IOWA CODE SECTION 453A.22(2) (2011)
Comment: This Resolution accepts a waiver of right to hearing and payment of a $300 civil
penalty, as set out in Iowa Code section 453A.22(2), by Liquor Downtown, 315 S. Gilbert
Street. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be
assessed to a retail cigarette permit holder when and if that permit holder's employee violates
Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. An employee of Liquor
Downtown has violated Section 453A.2(1). By signing the appropriate waiver and paying the
$300 civil penalty, Liquor Downtown waives its statutory right to have a hearing on whether the
civil penalty should be assessed.
,� ®�r CITY OF IOWA CITY
� RM
0_ z _�Ik MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: April 17 Agenda Addition /Revision
Consent Calendar (Correspondence) (Addition)
5f(5) Dorothy Whiston: Resolutions Before Council re. Trayvon Martin
ITEM 9 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
AND PAYMENT OF A $1500 CIVIL PENALTY FROM THE DEN, PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2011)
Comment: This Resolution accepts a waiver of right to hearing and payment of a $1500 civil
penalty, as set out in Iowa Code section 453A.22(2), by The Den, 215 E. Washington Street.
Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a
retail cigarette permit holder when and if that permit holder's employee violates Iowa Code
section 453A.2(1) by selling or providing tobacco to a minor. The civil penalty for the second
time the permit holder's employee violates Section 453A.2(1) within a two -year period is either
$1500.00 or a thirty (30) day retail cigarette permit suspension, at the option of the permittee.
This is the second time within a two -year period that an employee of The Den has violated
Section 453A.2(1). By signing the appropriate waiver and paying the $1500 civil penalty, The
Den waives its statutory right to have a hearing on whether the civil penalty should be assessed.
ITEM 10 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
AND PAYMENT OF A $300 CIVIL PENALTY FROM FAREWAY 950, PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2011)
Comment: This Resolution accepts a waiver of right to hearing and payment of a $300 civil
penalty, as set out in Iowa Code section 453A.22(2), by Fareway 950, 2530 Westwinds Drive.
Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a
retail cigarette permit holder when and if that permit holder's employee violates Iowa Code
section 453A.2(1) by selling or providing tobacco to a minor. An employee of Fareway 950 has
violated Section 453A.2(1). By signing the appfopriate-waiver~arrd-paying-tbe-$3 civil penalty,
Fareway 950 waives_ its.Statat -OrfT'gKt -to have a hearing on whether the civil penafty,shQuld be
assessed. '�._
/ITEM 11 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
AND PAYMENT OF A $300 CIVIL PENALTY FROM LIQUOR DOWNTOWN, PURSUANT TO
IOWA CODE SECTION 453A.22(2) (2011)
oeComment: This Resolution accepts a waiver of right to hearing and payment of a $300 civil
penalty, as set out in Iowa Code section 453A.22(2), by Liquor Downtown, 315 S. Gilbert
Q Street. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be
assessed to a retail cigarette permit holder when and if that permit holder's employee violates
Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. An employee of Liquor
Downtown has violated Section 453A.2(1). By signing the appropriate waiver and paying the
$300 civil penalty, Liquor Downtown waives its statutory right to have a hearing on whether the
civil penalty should be assessed.
April 17, 2012 City of Iowa City Page
ITEM 11. ASSESSING A $300.00 CIVIL PENALTY AGAINST LIQUOR DOWNTOWN
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011)
Comment: This hearing is the time desi Hated for the Co cil to consider
whether to dopt a Resolution assessing the $300.00 civil Pena ty authorized by
Iowa Code s ction 453A.22(2) against Liquor owntown, 315 S. Ibert Street.
Section 453A. 2(2) provides that, after a heari , a $300.00 civil p alty will be
assessed to a etail cigarette permit holder w n and if that per it holder's
employee violate Iowa Code section 453A.2(1) b selling or providin tobacco
to a minor. Asap of the hearing, the Council will a provided with in rmation
establishing an emp yee of permit holder Liquor Do town, violated low Code
section 453A.2(1). a permit holder's representa 've will then hav the
opportunity to provide t e Council with information s /he eems appropriate. The
Council will then decide hether to assess the requeste civil penalty and, it
decides to do so, will a pt an appropriate Resolution. he hearing will n t
provide the opportunity for p blic comment.
a. CONDUCT HEARING
Action:
b. CONSIDER A RESOLUTION
Action:
ITEM 12. ASSESSING A $300.00 CIVIL PENALTY AGAINST RED POPPY PURSUANT
TO IOWA CODE SECTION 453A.22(2) (2011)
Comment: This hearing is the time designated for the Council to consider
whether to adopt a Resolution assessing the $300.00 civil penalty authorized by
Iowa Code section 453A.22(2) against Red Poppy, 341 E. College Street.
Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be
assessed to a retail cigarette permit holder when and if that permit holder's
employee violates Iowa Code section 453A.2(1) by selling or providing tobacco
to a minor. As a part of the hearing, the Council will be provided with information
establishing an employee of permit holder Red Poppy violated Iowa Code section
453A.2(1). The permit holder's representative will then have the opportunity to
provide the Council with information s /he deems appropriate. The Council will
then decide whether to assess the requested civil penalty and, if it decides to do
so, will adopt an appropriate Resolution. The hearing will not provide the
opportunity for public comment.
a. CONDUCT HEARING
Action: &, a l)
a _
/1,00 ` b. CONSIDER A RESOLUTION
Action: N YVa.s 1
711 � vn. s �X-)
12
April 17, 2012 City of Iowa City Page
ITEM 13. ASSESSING A $300.00 CIVIL PENALTY AGAINST RUSS' NORTHSIDE
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011)
Comment: This hearing is the time designated for the Council to consider
whether to adopt a Resolution assessing the $300.00 civil penalty authorized by
Iowa Code section 453A.22(2) against Russ' Northside, 305 N. Gilbert Street.
Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be
assessed to a retail cigarette permit holder when and if that permit holder's
employee violates Iowa Code section 453A.2(1) by selling or providing tobacco
to a minor. As a part of the hearing, the Council will be provided with information
establishing an employee of permit holder Russ' Northside, violated Iowa Code
section 453A.2(1). The permit holder's representative will then have the
opportunity to provide the Council with information s /he deems appropriate. The
Council will then decide whether to assess the requested civil penalty and, if it
decides to do so, will adopt an appropriate Resolution. The hearing will not
provide the opportunity for public comment.
a. CONDUCT HEARING
Action:
/,; -/11 b. CONSIDER A RESOLUTION
Action:
O
ITEM 14. ASSESSING A $300.00 CIVIL PENALTY AGAINST ZOMBIES TOBACCO
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011)
Comment: This hearing is the time designated for the Council to consider
whether to adopt a Resolution assessing the $300.00 civil penalty authorized by
Iowa Code section 453A.22(2) against Zombies Tobacco, 318 E. Burlington
Street. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty
will be assessed to a retail cigarette permit holder when and if that permit
holder's employee violates Iowa Code section 453A.2(1) by selling or providing
tobacco to a minor. As a part of the hearing, the Council will be provided with
information establishing an employee of permit holder Zombies Tobacco violated
Iowa Code section 453A.2(1). The permit holder's representative will then have
the opportunity to provide the Council with information s /he deems appropriate.
The Council will then decide whether to assess the requested civil penalty and, if
it decides to do so, will adopt an appropriate Resolution. The hearing will not
provide the opportunity for public comment.
a. CONDUCT HEARING
Action: ,'i"- 4Q-,
la -1 ka b. CONSIDER A RESOLUTION
Action:
13
April 17, 2012 City of Iowa City Page
�)
ITEM 15. CONSIDER AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES,
TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
/2L —' 7-5 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. (PASS AND ADOPT)
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.
ITEM 16. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE,
7a, 4,q-7(6 ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3,
ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED
"USE FOR SIDEWALK CAFES," TO ALLOW SIDEWALK CAFES
AGREEMENTS TO BE APPROVED ADMINISTRATIVELY AND TO
DECREASE THE ALLEY SETBACK. (SECOND CONSIDERATION)
Comment: At the Council work session on March 20, staff recommended that
sidewalk cafe agreements be approved administratively rather than by Council.
Staff also recommended that the minimum distance between alleys and cafes be
decreased from 10 feet to 2 feet as long as the fencing material is less than 20%
solid. The 20% provision is identical to the "vision triangle" provision in section
14 -5D -4 and is based on the same safety concerns. This ordinance makes these
changes to the Code and also provides an appeal process to City Council. Staff
requests expedited action.
Action:
14
ITEM 17. CONSIDER AN ORDINANCE AMENDING TITLE 2 OF THE CITY CODE,
ENTITLED "HUMAN RIGHTS," CHAPTER 4, ENTITLED
"ENFORCEMENT," TO PROVIDE THAT THE HUMAN RIGHTS OFFICE
MAKE THE PROBABLE CAUSE DETERMINATION. (FIRST
CONSIDERATION)
Comment: Presently the Human Rights Office investigates a complaint and
makes a recommendation of probable cause to the City Attorney, who makes the
probable cause determination. Over the past approximately 12 years, staff can
recall only 3 occasions where the City Attorney came to a different conclusion
than the Human Rights Office. This second layer of administrative review is not
legally required and delays the process. Additionally, the Human Rights Office
April 17, 2012 City of Iowa City Page 15
ITEM 18.
is -181
ITEM 19.
staff interviews the parties and witnesses and is better able to determine
credibility, which is often critical in making a probable cause determination. The
City Attorney will continue to make the "litigation worthy" determination, which is
the decision whether to bring a case with a probable cause finding to hearing.
The Human Rights Commission passed a motion accepting this change at its
March 20 meeting, draft minutes are included in April 12 information packet.
Action: 1 Alints /0 e-
CONSIDER A RESOLUTION APPROVING REVISION TO THE PROPOSED
EXTERIOR DESIGN OF 114 S. DUBUQUE STREET IN ACCORDANCE WITH
THE AGREEMENT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY
AND CENTRAL PARK L.L.C.
Comment: The Agreement for Redevelopment of 114 S. Dubuque St. requires
Council approval of exterior design that "substantially deviates" from the concept
plan attached to the Agreement. If approved, this resolution will accept the
proposed cantilever of the building over the Black Hawk mini -park and the
Dubuque Street pedestrian mall. *Ofz N
Action: „o rn,'r�s G�?/1 �
rnr��ggk�rirn
CONSIDER A RESOLUTION AUTHORIZING THE ISSUANCE OF $5,376,250/m
IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA,
MIDWESTERN DISASTER AREA REVENUE BONDS (IOWA CANCER CURE
PROJECT) SERIES 2012, WITH THE PROCEEDS FROM THE SALE OF THE
BONDS TO BE LOANED TO IOWA CANCER CURE, L.L.C., AN IOWA
LIMITED LIABILITY COMPANY; THE EXECUTION AND DELIVERY OF A
BOND PURCHASE AGREEMENT AND ASSIGNMENT TO SECURE SAID
BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT
BETWEEN THE CITY AND IOWA CANCER CURE, L.L.C.; THE ASSIGNMENT
BY THE CITY TO THE ORIGINAL PURCHASER OF THE RIGHTS AND
INTEREST OF THE CITY IN AND TO SAID LOAN AGREEMENT; THE SALE
OF SAID BONDS; AND RELATED MATTERS.
Comment: This resolution is the final authorization of the bond for Iowa Cancer
Cure.
Action: PEW 6 t / 1� wa,34,& t4v_�
l ✓tt5 /p
April 17, 2012 City of Iowa City Page 16
ITEM 20. CONSIDER A RESOLUTION APPROVING THE PURCHASE OF 2229
ja - 183 MUSCATINE AVENUE, (FORMER KERR MCGEE SERVICE STATION), A.199
ACRE PARCEL OF PROPERTY ON THE CORNER OF MUSCATINE AND
FIRST AVENUE FOR NEIGHBORHOOD IMPROVEMENT WITHIN THE AREA.
Comment: Given the covenants contained in the proposed deed, a copy of which
is attached to the resolution, City Council approval is required for execution. This
Resolution authorizes the Mayor to sign and the City Clerk to attest and record
the deed for the described property. The funds for the acquisition will come out
of the 2011 B Taxable Obligation Construction Funds, Account number 4915-
458000- 471010.
Action:
ITEM 21. CONSIDER A RESOLUTION OF INTENT TO APPROVE AN ECONOMIC
�a� g DEVELOPMENT GRANT IN THE FORM OF 4 YEARS OF TAX INCREMENT
FINANCING REBATES NOT TO EXCEED $170,000, SHOULD ALPLA, 2258
HEINZ RD., IOWA CITY SELECT IOWA CITY FOR ITS EXPANSION PROJECT
Comment: A local plastic bottle manufacturing company is considering two
locations to expand, one out of state and one in Iowa City. They are comparing
all costs and benefits of both, including state and local incentives. The State of
Iowa's policies require that the local governing body is able to demonstrate its
support with the company's application materials by the April 20, 2012 meeting of
the Board of Directors of the Iowa Economic Development Authority. Should
Iowa City be chosen as the expansion site, the next step would be for Council to
consider a Development Agreement stipulating the tax increment financing terms
and performance metrics required of the company.
Action: 7
April 17, 2012
City of Iowa City Page 17
ITEM 22. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
Id- 1 g5 THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA -
PHASE 3 IMPROVEMENTS PROJECT.
Comment: Bids for this project were opened on Tuesday, April 10, 2012, and
the following bids were received:
Tricon Construction, Dubuque, IA
Base Bid Alt #1 Alt #2 Alt #3 Alt #4
$3,272,000.00 69,000 138,000 21,000 24,500.00
Selzer Werderitsch, Iowa City, IA
$3,368,060.30 84,780 140,000 15,500 22,800.05
City Construction Grp., Iowa City, IA
$3,488,725.45 85,000 129,800 11,100 21, 721.00
Engr's Estimate $3,700,000.00
Parks and Recreation recommend award of the contract, including Alternate #1,
to Tricon Construction of Dubuque, Iowa in the amount of $3,341,000. The
project will be funded with State grants, General Obligation bond proceeds and
contributions /donations.
Action: �O
ITEM 23. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF
PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE
la� ►8� HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO SUNSET STREET.
Comment: The City of Iowa City must acquire right -of -way, fee title, permanent
easements and /or temporary construction easement to construct the Highway 1
Trail Project - Orchard Street to Sunset Street. This project includes the
construction of a 10 -foot wide trail along the north side of Highway 1 from
Orchard Street to Sunset Street, an 8 -foot wide sidewalk along the west side of
Orchard Street, and 4 -foot wide sidewalks along the east side of Miller Avenue
and the west side of Hudson Avenue. The project will be funded with General
Obligation bond proceeds.
Action: M1 5,
April 17, 2012 City of Iowa City Page 18
ITEM 24. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE
L /a -/97 OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER IOWA AVENUE PROPERTY LLC, AND TENANT JIMMY JACK
MAC, INC., D /B /A BASTA, FOR A SIDEWALK CAFE.
Comment: Iowa Avenue Property LLC, as landowner, and Jimmy Jack Mac, Inc.,
d /b /a as Basta, has requested a license agreement for temporary use of public
right -of -way at 121 Iowa Avenue, 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.
Action: C
ITEM 25. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE
a- lU OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE
COMPANY D /B /A THE HEIRLOOM SALAD COMPANY, FOR A SIDEWALK
CAFE.
Comment: Moka Java LLC, as landowner, and Iowa City'Coffee Company, d /b /a
as The Heirloom Salad Company, has requested 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.
Action: _ S /
7D
ITEM 26. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSTIONS IN
THE FINANCE DEPARTMENT, THE CITY MANAGER'S OFFICE, AND THE
ADMININISTRATIVE AND CONFIDENTIAL PAY PLAN BY ELIMINATING THE
POSITIONS OF SENIOR DOCUMENT SPECIALIST AND DOCUMENT
SERVICES SUPERVISOR FROM THE DOCUMENT SERVICES DIVISION OF
THE FINANCE DEPARTMENT, ELIMINATING THE WEB DEVELOPER
POSITION FROM THE INFORMATION TECHNOLOGY SERVICES DIVISION
AND ADDING THE POSITIONS OF COMMUNICATIONS COORDINATOR,
COMMUNICATIONS ASSISTANT, AND ELECTRONIC COMMUNICATIONS
SPECIALIST TO THE CITY MANAGER'S OFFICE. THE RESOLUTION ALSO
ELIMINATES THE DOCUMENT SERVICES DIVISION OF THE FINANCE
DEPARTMENT.
Comment: The strategic plan for the current year establishes more effective
coordination of communications and improved customer service as a priority.
Reassignment of existing communications - focused staff into the City Manager's
Office will allow for a more strategic and coordinated approach to
communications. The reassignment will not impact the wages of affected staff
members making this initiative cost - neutral.
April 17, 2012 City of Iowa City Page 19
ITEM 27.
,/a - 1 ?0
Action: 011, K-6
du
5 �f%
CONSIDER A RESOLUTION APPROVING AND ADOPTING THE NEW
PURCHASING MANUAL FOR CITY PROCUREMENT
Comment: This Resolution will approve and adopt a new Purchasing Manual for
use by City staff in the procurement of goods and services for the City. The
Purchasing Manual incorporates the authority delegated by City Council to the City
Manager in Resolution 11 -377, and sets dollar thresholds for various levels of
procurement, along with the spending authority and signature approval required for
each. It is believed that this set of procurement policies and regulations will
create a more streamlined, yet competitive and fair environment for all parties,
while ensuring appropriate accountability and minimizing future procurement risk
for the City. Additionally, the Purchasing Manual initiates a new local preference
policy, which aims to keep a greater amount of City business in Johnson County
while still ensuring that the most competitive prices are obtained when using
public funds.
Action:
acv)
10
ITEM 28. CONSIDER A RESOLUTION REPEALING RESOLUTION NO. 11 -377 TO
is ^ ►q ADD AUTHORITY FOR THE CITY MANAGER AS COMTEMPLATED BY
AND CONSISTENT WITH THE NEW PURCHASING MANUAL.
Comment: This Resolution will approve modifying the City Manager's authority to
sign contracts and authorize expenditures for capital outlay, commodities and
operating services consistent with the authority granted the City Manager under
the Purchasing Manual approved by City Council.
ITEM 29. CONSIDER A RESOLUTION FIXING DATE of May 1, 2012 FOR A
MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $6,000,000 WATER REVENUE REFUNDING BONDS,
ERIES 2012C, OF THE CITY OF IOWA CITY, STATE OF IOWA AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF.
Comment: This resolution sets a public hearing for 7:00 pm on May 1, 2012 to
receive public comment regarding the issuance of up to $6,000,000 Water
Revenue Refunding Bonds and authorizes the City Clerk to publish the notice of
hearing. Bond proceeds will be used to pay costs to refund the 2002 Water
Revenue Bonds dated November 1, 2002. By refunding the 2002 bond issue
early, the City will save approximately $422,000.
Action:
April 17, 2012 City of Iowa City Page 20
ITEM 30. CONSIDER A RESOLUTION FIXING DATE of May 1, 2012 FOR A
MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO
�a^ X93 EXCEED $7,950,000 GENERAL OBLIGATION BONDS, SERIES 2012,
(FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF
IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION
OF NOTICE THEREOF.
Comment: This resolution sets a public hearing for 7:00 pm on May 1, 2012 to
receive public comment regarding the issuance of up to $7,950,000 General
Obligation Bonds (for an Essential Corporate Purpose) and authorizes the City
Clerk to publish the notice of hearing. Note proceeds will be used to pay costs of
the construction, reconstruction, and repair of improvements to public ways,
sidewalks, overpasses, pedestrian underpasses and overpasses; the opening,
widening, extending, grading and draining of the right -of -way of streets,
highways, avenues and public grounds and the removal and replacement of
dead or diseased trees thereon; the construction, reconstruction, and repairing of
any street improvements, bridges, culverts, and retaining walls; the acquisition,
construction, improvement and installation of street lighting fixtures, connections,
and facilities; the acquisition, installation and repair of traffic control devices; the
acquisition, construction, reconstruction, extension, improvement, and equipping
of works and facilities useful for the collection and disposal of surface waters and
streams; the reconstruction, extension and improvement of the existing Municipal
Airport; the improvement of real estate for cemeteries and the construction,
reconstruction and repair of cemetery facilities; the rehabilitation, improvement
and equipping of existing city parks, including facilities, equipment and
improvements commonly found in city parks; the equipping of the fire
department; and the acquisition, construction, reconstruction, and improvement
of all waterways useful for the protection or reclamation of property situated
within the corporate limits of the city from floods or high waters, and for the
protection of property in the city from the effects of flood waters, including the
construction of levees, embankments, structures, impounding reservoirs, or
conduits, as well as the development and beautification of the banks and other
areas adjacent of flood control improvements.
Action:roq„n1nr� �iic�%ns C�a
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ITEM 31. CONSIDER A RESOLUTION FIXING DATE of May 1, 2012 FOR A
A; 1911 MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2012
(FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF.
Comment: This resolution sets a public hearing for 7:00 pm on May 1, 2012 to
receive public comment regarding the issuance of up to $700,000 General
Obligation Bonds and authorizes the City Clerk to publish the notice of hearing.
Note proceeds will be used to pay costs of the construction, reconstruction,
enlargement, improvement and equipping of City Hall, police stations, and fire
stations, including miscellaneous improvements to City Hall and other
departments.
Action: ] S
X
�
April 17, 2012 City of Iowa City Page 21
ITEM 32. CONSIDER A RESOLUTION FIXING DATE of May 1, 2012 FOR A
18- 195 MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2012
(FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF.
Comment: This resolution sets a public hearing for 7:00 pm on May 1, 2012 to
receive public comment regarding the issuance of up to $700,000 General
Obligation Bonds and authorizes the City Clerk to publish the notice of hearing.
Note proceeds will be used to pay costs of the construction, reconstruction,
improvement and equipping of city facilities, including the construction of an
animal shelter.
Action: iG6 &d'
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s 7/O
ITEM 33. CONSIDER A RESOLUTION FIXING DATE of May 1, 2012 FOR A
MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $650,000 TAXABLE GENERAL OBLIGATION BONDS,
SERIES 2012 OF THE CITY OF IOWA CITY, IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF.
Comment: This resolution sets a public hearing for 7:00 pm on May 1, 2012 to
receive public comment regarding the issuance of up to $650,000 Taxable
General Obligation Bonds (Essential Corporate Purpose - Urban Renewal) and
authorizes the City Clerk to publish the notice of hearing. Note proceeds will be
used to aid in the planning, undertaking, and carrying out of urban renewal
projects under the authority of chapter 403, and all of the purposes set out in
section 403.12, including the acquisition of property in the Towncrest Urban
Renewal Area and further development of the Urban Renewal Area, including
streets, streetscapes and rehabilitation projects; the planning and design of
Riverfront Crossings District and the acquisition of property necessary for the
operation of the City and the health and welfare of its citizens, including property
within the area of the City known as the Riverfront Crossings District.
Action: -Do buni s Z
ITEM 34. CONSIDER A RESOLUTION AUTHORIZING THE REDEMPTION OF
OUTSTANDING GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2002, DATED NOVEMBER 1, 2002, AND GENERAL
OBLIGATION BONDS, SERIES 2003, DATED DECEMBER 15, 2003,
OF THE CITY OF IOWA CITY, STATE OF IOWA, AND DIRECTING
NOTICE BE GIVEN.
Comment: This resolution authorizes the redemption of the 2002 General
Obligation Refunding Bonds dated November 1, 2002, and 2003 General
Obligation Bonds dated December 15, 2003. By redeeming the 2002 & 2003
bond issues early, the City will save approximately $163,000 in future costs.
Action: o �i�
E;
April 17, 2012
ITEM 35.
ITEM 36.
Previous:
City of Iowa City Page
CONSIDER A RESOLUTION APPROVING POST - ISSUANCE
COMPLIANCE POLICY.
Comment: This policy ensures the City is complying with Internal Revenue Code
and Income Tax Regulations, including information filing and other requirements
related to bond issuance.
Action: Mint-6
e pe__' xe
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.]
ITEM 36a Airport Commission — One vacancy to fill an unexpired term, effective upon
appointment — March 1, 2014. (Steve Crane resigned)
ITEM 36b Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term
January 1, 2012 - December 31, 2016. (New full term).
ITEM 36c Airport Zoninq Brd of Adjustment — One vacancy to fill a five -year term
January 1, 2009 - December 31, 2013. (Term expires for Dennis Keitel).
ITEM 36d Airport Zoning Commission — One vacancy to fill a six -year term January
1, 2010 — December 31, 2015. (Term expires for Brian Sponcil)
ITEM 36e Airport Zoning Commission — One vacancy to fill a six -year term January 1,
2012 — December 31, 2017. (New full term).
ITEM 36f Police Citizens Review Board — One vacancy to fill an unexpired term,
effective upon appointment, ending September 1, 2013. (Peter Jochimsen
resigned).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, April 25, 2012.
New:
ITEM 36g Historic Preservation Commission — One vacancy to fill an unexpired term,
effective upon appointment, ending March 29, 2013. (Alicia Trimble
resigned). See correspondence included in Council packet.
ITEM 36h Human Rights Commission — One vacancy to fill an unexpired term,
effective upon appointment, ending January 1, 2015. (Henri Harper
O� resi ned). See correspondenc7 e ' ncluded in Council packet.
� /0
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, May 30, 2012.
22
April 17, 2012 City of Iowa City Page 23
ITEM 37. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18
years of age unless specific qualifications are stated.
ITEM 37a Board of Adjustment — One vacancy to fill an unexpired term, effective
upon appointment, ending January 1, 2014. (Barbara Eckstein resigned).
Action:
_ D
ITEM 37b Metropolitan Planning r O anization (MPO-formerly JCCOG ) Community
L
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).
1I0 Action: 742m AzlSjnaX
ITEM 37c Youth Advisory Commission — One vacancy to fill a two -year term
(Shall not be more than 18 years of age at the time of application; and
currently enrolled in an Iowa City high school or high school equivalent)
January 1, 2011 — December 31, 2012
One (1) person —Tate High
Action:
ITEM 38. COUNCIL COMMITTEE APPOINTMENTS. Memo from the City Clerk
included in packet regarding conflict of meeting times with appointment.
Action: lsfal�_�
ITEM 39. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 40. CITY COUNCIL INFORMA
ITEM 41. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager.
b) City Attorney.
c) City Clerk. 'O
ITEM 42. ADJOURN (to work session if needed).
Aififs 1'142Z,�lj*--?
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