City Council Meeting of July 12, 2010

Subject 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
Special Formal
July 12, 2010 - 7:00 p.m.
City Hall – Harvat Hall
410 E. Washington Street www.icgov.org

ITEM 1. CALL TO ORDER.
ROLL CALL.
InfoVision X Video On Demand (runtime: 13:53)

ITEM 2. PROCLAMATION.
a) Americans with Disabilities Week: July 18-24, 2010

ITEM 3. PRESENTATION.
a) West High State Champions Girls Track & Field Team
b) West High State Champions Boys Soccer Team

ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED.
a) Approval of Council Actions, subject to corrections, as recommended by the City Clerk.
1. June 14, Special Council Formal Official and Complete
2. June 14, Special Council Work Session
3. June 15, Regular Council Formal Official and Complete
4. June 15, Special Council Work Session
5. June 30, Joint Meeting, Special Council Work Session

b) Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action).
1. Human Rights Commission: May 18, 2010
2. Senior Center Commission: April 22, 2010
3. Board of Adjustment: May 12, 2010
4. Parks and Recreation Commission: May 12, 2010
5. Airport Commission: May 20, 2010
6. Telecommunications Commission: May 24, 2010
7. Housing and Community Development Commission: April 15, 2010
8. Planning and Zoning Commission: May 20, 2010
9. Public Art Advisory Committee: May 6, 2010
10. Public Art Advisory Committee: June 4, 2010

c) Permit Motions and Resolutions as Recommended by the City Clerk.
New:
1. Class C Liquor License for Hildago, Inc., dba El Cactus Authentic Mexican Cuisine, 1921 Keokuk St. Staff recommends Denial. Memo from the Iowa City Building Official is included in Council’s packet.
Renewal:
2. Class C Liquor License for FireWater, LLC, dba FireWater, 347 S. Gilbert St.
3. Class C Liquor License for Weekes-Van Eck Post #3949 Veterans of Foreign Wars dba Weekes-Van Eck Post #3949, 609 Highway 6 East.
4. Class C Beer Permit for Walgreen Co., dba Walgreens #5077, 2214 Muscatine Ave.
5. Class C Liquor License for Dublin Underground, Inc., dba Dublin Underground, 5 S. Dubuque St.
6. Special Class C Liquor License for D & E Restaurant, Inc., dba Z’Mariks Noodle Café, 19 S. Dubuque St.
7. Class E Liquor License for John’s Grocery, Inc., dba John’s Grocery, Inc., 401 E. Market St.
8. Class C Beer Permit for WEMCOR, LLC, dba La Reyna Grocery Store, 1937 Keokuk St.
9. Class C Liquor License for Roy L. Chopek/Walter L. Bud Ott, Post #17, dba American Legion , Roy L. Chopek Post #17, 3016 Muscatine Avenue
10. Class B Beer Permit for Jimmy Jack’s, Inc., dba Jimmy Jack’s Rib Shack, 1940 Lower Muscatine Rd.
11. Outdoor Service Area for Jimmy Jack’s, Inc., dba Jimmy Jack’s Rib Shack, 1940 Lower Muscatine Rd.
12. Class E Liquor License for Hartig Drug Co., Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd.
13. Class C Liquor License for David L. Alberhasky dba Dave’s Foxhead Tavern, 402 E. Market St.
14. Special Class C Liquor License for P & M Restaurant, Inc., dba Sushi Popo, 725 Mormon Trek Blvd.
15. Class C Liquor License for Pub Gal, Inc., dba IC Uglys, 210 N. Linn St.
16. Class C Liquor License for I.C. Mill Associates, LLC, Mill Restaurant, 120 E. Burlington St.
17. Outdoor Service Area for I.C. Mill Associates, LLC, Mill Restaurant, 120 E. Burlington St.
18. Resolution to issue Dance Permit for I.C. Mill Associates, LLC, Mill Restaurant, 120 E. Burlington St.
19. Class C Beer Permit for Kmart Corporation, dba Big Kmart #4315, 901 Hollywood Blvd.

d) Motions.
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $9,463,299.36 FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2010, 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.

e) Public Hearing.
CONSIDER A MOTION SETTING A PUBLIC HEARING FOR AUGUST 17, 2010 REGARDING AN AMENDMENT TO IOWA CITY’S FY11 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 an amendment to the FY11 Annual Action Plan, to use anticipated CDBG Disaster Recovery Housing Fund program income to construct a levee between McCollister Boulevard and the Crandic Railroad tracks along the west side of the Iowa River to protect businesses and two mobile home parks, is being set for August 17, 2010. A 30-day public comment period will start on July 17, 2010.

f) Resolutions.
1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE 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 207 BRENTWOOD DRIVE, IOWA CITY, IOWA.
Comment: University of Iowa Community Credit Union, Iowa has requested that the City approve a Subordination Agreement for property at 207 Brentwood Drive in order for them to be the owner’s primary lender and with the City in second position. The owner of the property received assistance for the Single Family New Construction Program through the City of Iowa City in conjunction with the Iowa Department of Economic Development. The home has enough equity to cover the City being in second lien position.

2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE 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 3 THISTLE COURT, IOWA CITY, IOWA.
Comment: University of Iowa Community Credit Union, Iowa has requested that the City approve a Subordination Agreement for property at 3 Thistle Court in order for them to be the owner’s primary lender and with the City in second position. The owner of the property received assistance for the Single Family New Construction Program through the City of Iowa City in conjunction with the Iowa Department of Economic Development. The home has enough equity to cover the City being in second lien position.

3. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR PROPERTY LOCATED AT 2440 TOWNCREST DRIVE, IOWA CITY, IOWA.
Comment: Hills Bank and Trust Company has requested that the City approve a Subordination Agreement for property at 2 Drive. In 2009, the owner of the property received a mortgage from the City of Iowa City with Community Development Block Grant (CDBG) funds. The property has enough equity to cover the City being in second lien position.

4. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2035 WESTERN ROAD, IOWA CITY, IOWA.
Comment: The owners of the property located at 2035 Western Road received assistance through the City of Iowa City’s Housing Rehabilitation program. The mortgage has been paid off, thus the City needs to release the lien.

5. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 718 WALNUT STREET, IOWA CITY, IOWA.
Comment: The owners of the property located at 718 Walnut Street received assistance through the City of Iowa City’s General Rehab and Improvement Program (GRIP) program. The mortgage has been paid off, thus the City needs to release the lien.

6. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE, A REHABILITATION AGREEMENT, AND A STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 416 DOUGLAS COURT, IOWA CITY, IOWA.
Comment: The owner of the property located at 416 Douglas Court received assistance through the City of Iowa City’s Housing Rehabilitation Program. The loans have been paid off; thus the liens need to be released.

7. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA.
Comment: On July 12, 2006, the owner of 2409 Aster Avenue executed a Second Mortgage in the amount of $21,750 to secure a loan from the City for said amount as part of the Affordable Dream Home Program. The owner of 2409 Aster Avenue also executed a Resale and Occupancy Agreement with the City on July 18, 2006, for the property at 2409 Aster Avenue. The owner sold the home to another income-eligible buyer. The loan was fully paid on June 18, 2010, and the owner has met all the obligations contained in the Resale Agreement. It is now the City’s responsibility to release these liens.

8. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA.
Comment: On June 18, 2010, the Iowa City Housing Authority, through its Affordable Dream Home Program, provided an income-eligible family a $27,500 loan, which is secured by a second mortgage, to assist them in the purchase of the single-family home located at 2409 Aster Avenue. In the event that the family sells the home within fifteen years, the Resale and Occupancy Agreement requires that the owners sell the property to an income-eligible family and that the City receive a percentage of the appreciated value of the property.

9. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS PROJECT.
Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer’s Report and Performance and Payment bonds are on file with the City Clerk. Staff memorandum included in Council packet.

10. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SALT STORAGE FACILITY OAKLAND CEMETERY PROJECT.
Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer’s Report and Performance and Payment bonds are on file with the City Engineer. See memorandum included with 4f(9).

11. CONSIDER A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE UNITED WAY OF JOHNSON COUNTY.
Comment: This Memorandum of Understanding defines a cooperative working relationship between the City of Iowa City and the United Way of Johnson County for the purpose of the United Way’s Emergency Volunteer Center (EVC). The EVC will manage a coordinated system for deploying volunteers in the event of an emergency. The City will continue to be responsible for the direction of the volunteers once they are on site.

12. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND THE CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY.
Comment: This agreement will allow the City to install a conduit for the placement of a fiber optic line along Iowa Avenue, a portion of which will be located underneath the Cedar Rapids and Iowa City Railway Company railroad line which crosses Iowa Avenue.

13. CONSIDER A RESOLUTION ACCEPTING TWO SCULPTURES CREATED BY VALERY KOVALEV OF ANTON CHEKHOV AND ANNA AKMATOVA AS A GIFT FROM HOWARD HORAN AND STEPHEN DEWEY TO THE CITY OF IOWA CITY, IOWA.
Comment: Howard Horan and Stephen Dewey wish to donate two statues that their parents commissioned in 1996. The wood carvings of Anton Chekhov and Anna Akmatova have been located in the back yard of the family home at 123 Ferson Avenue. Members of the Public Art Advisory Committee have visited the sculptures and find them to be of high quality and agree that they would be a nice addition to the Iowa City public art inventory. The sculptures will be relocated to Black Springs Circle Park.

14. CONSIDER A RESOLUTION ACCEPTING TWO SCULPTURES CREATED BY VALERY KOVALEV OF ARTHUR AND MARY JO SMALL AND FAMILY AS A GIFT FROM ARTHUR SMALL TO THE CITY OF IOWA CITY, IOWA.
Comment: Arthur Small wishes to donate two statues that he and his late wife, Mary Jo Small commissioned in 1996. The wood carvings of Art Small and Mary Jo Small with their children have been located at 20 Rocky Shore Road. Members of the Public Art Advisory Committee have visited the sculptures and find them to be of high quality and agree that they would be a nice addition to the Iowa City public art inventory. The sculptures will be relocated to Black Springs Circle Park.

g) Correspondence.
1. Acting Traffic Engineering Planner: Removal of (1) NO PARKING HERE TO CORNER sign and installation of (1) STOP sign on the northeast corner of the intersection of South Linn Street and East Harrison Street.
2. Acting Traffic Engineering Planner: Installation of (1) STOP sign at the northeast corner of the intersection of Highland Court and South Gilbert Court.
3. JCCOG Traffic Engineering Planner: Installation of (2) STOP signs on the northwest and southeast corners of the easternmost intersection of Wintergreen Drive and Jamie Lane, (1) STOP sign on the southeast corner of Wintergreen Drive and Richmond Lane, and (1) STOP sign on the southeast corner of the westernmost intersection of Wintergreen Drive and Jamie Lane.
4. JCCOG Traffic Engineering Planner: Establishment of a 6 AM – 12 PM Farmer’s Market Saturday TOW-AWAY ZONE for the metered parking spaces on the north side of the 400 block of East Washington Street.
5. Mike Heilman: Gnat Complaint [staff response included]
6. Brad McCusker: Traffic Noise
7. Mitchell Swanson: Refueling assistance for drivers with disabilities [staff response included]
8. Beatrice Boltz: Boy’s & Girl’s Club for South East Side of Iowa City
9. Jim Surratt: 9-5 shift steadily vanishes
10. Kate Coyle: Nuclear Weapons Free Zone
11. Caroline Dierterle: City of Ann Arbor Phosphorus Ordinance and Lawn Fertilizers
12. Ron Fournier: NWS Cedar River @ Cedar Rapids River Forecast
13. Claire Perlman: Interview for the Daily Iowan
14. Mary Kay Adams: Property tax issue
END OF CONSENT CALENDAR.

ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to "City Council Information" item.

ITEM 6. PLANNING AND ZONING MATTERS. (Item "a,d" will proceed as outlined in the City Attorney’s memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications.")

a) CONSIDER AN ORDINANCE REZONING APPROXIMATELY 24.35 ACRES LOCATED WEST OF MORMON TREK BOULEVARD, SOUTH OF HIGHWAY 1, AND ADJACENT TO THE CITY VIEW DRIVE FROM HIGHWAY COMMERCIAL (CH-1) TO INTENSIVE COMMERCIAL (CI-1). (REZ10-00008) (SECOND CONSIDERATION)
Comment: At its May 20 meeting, by a vote of 5-0 (Busard and Payne absent), the Planning and Zoning Commission recommended approval of this rezoning, subject to a Conditional Zoning Agreement addressing the appearance of development at the entryway to the city. Staff recommended approval in a report dated May 20. The rezoning will allow intensive commercial uses, such as an auto dealership and collision repair facility on these properties. Expedited action requested. See enclosed correspondence from Dave Larsen.

b) CONSIDER AN ORDINANCE AMENDING THE IOWA CITY ZONING
CODE, SECTION 14-4E-8, NONCONFORMING DEVELOPMENT. (SECOND CONSIDERATION)
Comment: At its May 20 meeting, by a vote of 5-0 (Busard and Payne absent), the Planning and Zoning Commission recommended approval of these amendments. Staff recommended approval in a report dated May 14, 2010. Approval of these amendments will allow more flexibility in the application of current development standards as they apply to nonconforming developments. Staff requests expedited action due to summer schedule.

c) CONSIDER AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE,
ARTICLES 14-5I, SENSITIVE LANDS AND FEATURES AND 14-9E, SENSITIVE LANDS DEFINITIONS, TO REFINE THE DEFINITION OF A REGULATED STREAM CORRIDOR. (SECOND CONSIDERATION)
Comment: At its May 20 meeting, by a vote of 5-0 (Busard and Payne absent), the Planning and Zoning Commission recommended approval of these amendments. Staff recommended approval in a memo dated May 14, 2010. Approval of these amendments will refine the definition of stream corridors that are regulated by the City to exclude drainageways that do not have a bed and bank defined by an ordinary high water mark and a definite direction of flow. Staff requests expedited action due to summer schedule.

d) CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 60.32 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP), TO OVERLAY PLANNED DEVELOPMENT -OFFICE RESEARCH PARK (OPD-ORP); AND APPROXIMATELY 56.48 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-RESEARCH DEVELOPMENT PARK (OPD-RDP); AND APPROXIMATELY 24.49 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-MIXED USE (OPD-MU) FOR PROPERTY LOCATED NORTHWEST OF THE INTERCHANGE OF STATE HIGHWAY 1 WITH INTERSTATE 80. (REZ10-00004) (PASS AND ADOPT) (DEFERRED FROM 6/15)
Comment: At its April 15 meeting, by a vote of 6-0 (Koppes absent), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in reports dated April 1 and 9. Approval will allow this property to be developed with for a mix of office, residential and research development uses. Staff recommends this item be deferred indefinitely to allow greater flexibility in scheduling Council action when matters have been addressed.
InfoVision X Video On Demand (runtime: 13:09)

e) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF MOSS GREEN URBAN VILLAGE, IOWA CITY, IOWA. (SUB10-00005) (DEFERRED FROM 6/1 AND 6/15)
Comment: At its May 6 meeting, by a vote of 7-0 the Planning and Zoning Commission recommended approval, subject to approval by the City Engineer prior to City Council consideration. It is anticipated that a corrected plat will be submitted for the City Engineer’s review prior to the June 1 City Council Meeting. Staff recommended approval in a memorandum dated April 9, 2010 and a staff report dated April 1, 2010. Approval will allow development of Moss Green Urban Village, a 243-acre, 18-lot office research and mixed use subdivision on Oakdale Boulevard west of Dodge Street and north of Interstate 80. Staff recommends this item be deferred indefinitely to allow greater flexibility in scheduling Council action when matters have been resolved.

ITEM 7. INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $5,405,000 GENERAL OBLIGATION BONDS, SERIES 2010.
Comment: This public hearing is being held to receive comment regarding the issuance of up to $5,405,000 General Obligation Bonds. Bond proceeds will be used to pay costs of the construction, reconstruction, and repairing of improvements to public ways, sidewalks, overpasses, pedestrian overpasses, bridges and streets; the opening, widening, extending, grading and draining of the right-of-way of public grounds and the removal and replacement of dead or diseased trees thereon; the reconstruction, extension and improvement of the existing Municipal Airport; the acquisition, installation and repair of traffic control devices; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks and equipping of the fire, police and civil defense department and the acquisition and improvement or real estate for cemeteries, and the construction, reconstruction and repair of receiving vaults, mausoleums and other cemetery facilities. This resolution authorizes staff to proceed on behalf of the City with the sale of the bonds, and to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the City Council.
a) PUBLIC HEARING
b) CONSIDER A RESOLUTION

ITEM 8. INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2010.
Comment: This public hearing is being held to receive comment regarding the issuance of up to $700,000 General Obligation Bonds. Bond proceeds will be used to pay costs of the construction, reconstruction and improvement of Fire Station #4. This resolution authorizes staff to proceed on behalf of the City with the sale of the bonds, and to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the City Council.
a) PUBLIC HEARING
b) CONSIDER A RESOLUTION

ITEM 9. INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2010.
Comment: This public hearing is being held to receive comment regarding the issuance of up to $700,000 General Obligation Bonds. Bond proceeds will be used to pay costs of the construction of a new public works fuel facility. This resolution authorizes staff to proceed on behalf of the City with the sale of the bonds, and to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the City Council.
a) PUBLIC HEARING
b) CONSIDER A RESOLUTION

ITEM 10. INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $665,000 GENERAL OBLIGATION BONDS, SERIES 2010.
Comment: This public hearing is being held to receive comment regarding the issuance of up to $665,000 General Obligation Bonds. Bond proceeds will be used to pay costs of the renovation, improvement and equipping of recreation grounds, including soccer field renovation; elevator improvements to a recreation center; construction of a city owned evidence storage facility and miscellaneous improvements to City Hall and other departments. This resolution authorizes staff to proceed on behalf of the City with the sale of the bonds, and to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the City Council.
a) PUBLIC HEARING
b) CONSIDER A RESOLUTION

ITEM 11. CONSIDER A RESOLUTION DIRECTING SALE OF $7,420,000 GENERAL OBLIGATION BONDS, SERIES 2010B.
Comment: Bids were received at 10:30 am on July 12, 2010 for the sale of $7,420,000 General Obligation Bonds. This resolution ratifies and confirms the actions of the Finance Director and City Clerk in the determination of the most favorable bid.

ITEM 12. AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,420,000 GENERAL OBLIGATION BONDS, SERIES 2010B, AND LEVYING A TAX TO PAY SAID BONDS.
Comment: This resolution provides final authorization for the issuance of $7,420,000 General Obligation Bonds. The Tax Exemption Certificate sets out in detail a number of facts, promises and obligations which must be met and agreed to by the City in order to maintain these Bonds as tax exempt. The Continuing Disclosure Certificate is being executed and delivered for the benefit of the holders and beneficial owners of the bonds and in order to comply with the Securities Exchange Commission (SEC) rule 15c2-12(b)(5). Moody’s rating included in Council packet.
a) CONSIDER A MOTION APPROVING TAX EXEMPTION CERTIFICATE
b) CONSIDER A MOTION APPROVING CONTINUING DISCLOSURE CERTIFICATE
c) CONSIDER A RESOLUTION

ITEM 13. AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 3-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES.
Comment: This proposed ordinance would increase solid waste collection fees by approximately 3.3%. Currently the fee is $15.00 per month; the increase would change the fee to $15.50, effective on the first full billing sent after the adoption and publication of this ordinance. This action was previously approved with the FY2011 budget adoption and is necessary due to annual increases in operational costs. The last fee increase was effective July 1, 2009.
a) PUBLIC HEARING
b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)

ITEM 14. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARKS DEPARTMENT MAINTENANCE FACILITY IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Comment: The Project will involve the removal and replacement of a failing retaining wall and existing bearing wall of the maintenance facility in lower City park, this will be incorporated into a single wall on the southside of the structure. The project will increase the volume and height of the building and will include a new standing metal seam paneled roof system. Alternate bids include installing insulation for the new roof and new overhead doors. The estimated construction cost is $110,500 and will be funded with General Obligation bond proceeds.
a) PUBLIC HEARING
b) CONSIDER A RESOLUTION

ITEM 15. CONSIDER REPEAL OF REFERRED MEASURE AS PROPOSED BY CITIZEN REFERENDUM:
Whereas, it is in the best interest of a democratic society, the issue of bar entry age should be decided within the public realm.

Now, therefore be it resolved that Ordinance No. 10-4388, which amended the bar entry age from nineteen (19) years of age to the "legal age", which is currently twenty-one (21) years of age, be repealed.

Comment: On June 25, 2010, the City Clerk certified the sufficiency of a referendum petition proposing that Ordinance No. 10-4388, which amended the bar entry age from nineteen (19) years of age to the "legal age", which is currently twenty-one (21) years of age, be repealed. Pursuant to Article 7 of the City Charter, the City Council must, by July 25, 2010, repeal the referred measure or submit the question to the voters at the general election on November 2, 2010. Staff memorandum and correspondence included in Council packet.

ITEM 16. CONSIDER A RESOLUTION AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF WHETHER TO REPEAL ORDINANCE NO. 10-4388, WHICH AMENDED THE BAR ENTRY AGE FROM NINETEEN (19) YEARS OF AGE TO THE "LEGAL AGE", WHICH IS CURRENTLY TWENTY-ONE (21) YEARS OF AGE, BEFORE THE QUALIFIED ELECTORS OF THE CITY OF IOWA CITY, IOWA AT THE GENERAL ELECTION ON NOVEMBER 2, 2010.
Comment: See previous item.
InfoVision X Video On Demand (runtime: 10:52)

ITEM 17. CONSIDER AN ORDINANCE AMENDING TITLE 3, "FINANCES, TAXATION AND FEES", CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES", SECTION 3, "POTABLE WATER USE AND SERVICE". (SECOND CONSIDERATION)
Comment: The Water Division recommends increasing certain costs and fees charged to customers for meters, materials and services to better reflect the actual cost. These fees were last updated in the 1980’s. Staff memorandum included in Council packet.

ITEM 18. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS," TO REGULATE THE COMMERCIAL USE OF PARKS. (PASS AND ADOPT)
Comment: Although the Director of Parks and Recreation has historically approved the use of City parks for commercial purposes, such as concession stands, there is presently nothing in the City Code preventing someone from selling food or other items in a park. Recently a vendor inquired whether he could sell ice cream in City parks and staff told him that there is no prohibition but that staff was going to recommend to Council that the City regulate using parks for commercial purposes. This ordinance would prohibit all commercial use except as approved by the Director.

ITEM 19. CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE THORNBERRY AND RITA’S RANCH OFF-LEASH DOG PARKS.
Comment: The current agreements with the Johnson County Dog Park Action Committee (DogPAC) covering joint maintenance and revenue sharing related to the Thornberry Off-Leash Dog Park and the Rita’s Ranch Dog Park have expired. This resolution authorizes the City to enter in to a new agreement with a one year term. This agreement is similar to the previous joint maintenance agreements we’ve had with DogPAC, but the fee-sharing arrangement has been amended. Previously DogPAC received 90% of the fees generated from the dog parks. This new agreement allows the City to deduct the actual cost of employing park attendants from the dog park fees, then splitting the remaining fees with DogPAC (who will receive 90% of the net fees collected). The revenue sharing proposal has been adopted by the Parks and Recreation Commission at their June 9, 2010 meeting, in the form of a recommendation to the City Council.

ITEM 20. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN MOSS GREEN DEVELOPMENT CORPORATION AND THE CITY OF IOWA CITY FOR THE DEVELOPMENT OF MOSS GREEN URBAN VILLAGE (DEFERRED FROM 6/1 AND 6/15)).
Comment: On April 27, 2010, the City approved the Moss Green Urban Village Urban Renewal Plan, and in furtherance of the objectives of the Urban Renewal Act, the City wishes to undertake a program for the revitalization and development of this economic development area, which includes entering into an agreement with Moss Green Development Corporation to incentivize the construction of certain infrastructure and improvements within the urban renewal area. Under the terms of the agreement, Moss Green Development Corporation will have the opportunity to receive TIF financed development grants up to a maximum of $13.7 million over a period of twenty years from the date the City first certifies debt associated with development within the urban renewal area. The TIF grants will be funded by placing 50% of the tax increment proceeds generated within the urban renewal area into an account specifically designated for those grants and the City will retain 50% of the tax increment proceeds for future incentives to businesses wishing to locate within the urban renewal area. This Resolution authorizes the Mayor to sign and the City Clerk to attest the Agreement for Private Redevelopment between the City and Moss Green Development Corporation. At their meeting on May 25, 2010 the City Council Economic Development Committee voted 2-1 in favor of recommending the agreement to the full council. Staff recommends this item be deferred indefinitely to allow greater flexibility in scheduling Council action when matters have been addressed.

ITEM 21. CONSIDER A RESOLUTION APPROVING A CONTRACT WITH THE NATIONAL DEVELOPMENT COUNCIL (NDC) FOR SERVICES TO ENABLE REDEVELOPMENT PROJECTS IN IOWA CITY.
Comment: Several areas in Iowa City have recently been identified for redevelopment, specifically the Towncrest neighborhood, Riverfront Crossings and the St. Patrick’s development sites. To meet the City’s redevelopment goals necessitates the coordination of diverse interests and requires enormous financial resources. NDC is the oldest national non-profit community development organization in the United States and provides the services required for coordination and financial packaging of diverse partners including private developers, outside funding and/or public funding.
Staff memorandum included in Council packet.

ITEM 22. CONSIDER A RESOLUTION RESCINDING THE 2007 COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL AND ESTABLISHING A NEW COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM.
Comment: The existing Commercial Driver's License Substance Abuse Prevention Program for Drugs and Alcohol has been updated to reflect changes required as a result of a review by the Federal Transit Authority. Staff memorandum included in Council packet.

ITEM 23. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COMMERCIAL PROPERTY LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SOUTHGATE DEVELOPMENT SERVICES LLC FOR THE LEASE AND OCCUPATION OF PROPERTY LOCATED AT SUITE 1067 HIGHWAY 6 EAST (PEPPERWOOD MALL), IOWA CITY, IOWA FOR THE PURPOSE OF INSTALLING AND OPERATING AN IOWA CITY POLICE DEPARTMENT SUBSTATION.
Comment: The owner of Pepperwood Mall, Southgate Development Services, LLC, and the Iowa City Police Department have negotiated a commercial property lease agreement wherein the City will lease a 1485 square foot suit in the mall building, rent free, for the purpose of installing and operating an Iowa City Police Department substation. Under the terms of the lease, the Police Department will occupy the space rent free, will remodel the space for its use and pay for maintenance and association dues. This agreement outlines the terms, conditions, rights and responsibilities of the parties with respect to the property. (See staff memo attached).
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ITEM 24. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TRANSFER AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE JOINT EMERGENCY COMMUNICATION SERVICES ASSOCIATION OF JOHNSON COUNTY (JECSA) FOR THE TRANSFER OF ACCRUED VACATION AND SICK LEAVE OF FORMER IOWA CITY EMPLOYEES.
Comment: The Joint Emergency Communications Center (JECC) has gone "live" as of June 29, 2010. To facilitate a seamless transition for employees originating from the separate City emergency communications center to a unified center, JECSA desires to have vacation and sick leave benefits that are currently accrued under the City’s collective bargaining agreement with AFSCME transferred to JECSA, based on each employee’s election. (The City and AFSCME have executed an side agreement to allow employees to elect transfer of vacation accruals instead of mandatory payout under the collective bargaining agreement). This agreement outlines the terms and conditions for the transfer of such accruals between the City and JECSA on behalf of former employees.

ITEM 25. CONSIDER A RESOLUTION CONCERNING MEDIACOM COMMUNICATIONS CORPORATIONS’ 2010 UPDATING OF RATES FOR BASIC CABLE SERVICES.
Comment: In the exercise of its regulatory authority, the City of Iowa City has received and reviewed the filings by Mediacom Communication Corporation of FCC Form 1240 concerned with basic cable television tier rates and FCC Form 1205 concerned with equipment rental and service rates and has found them to be properly developed and to accurately report permitted revised rates for the period from August 2010 to July 2011. Staff recommends approval of this Resolution that permits these changes to Mediacom's current rate schedule. Staff memorandum included in Council packet.

ITEM 26. CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN APPLICATION FOR I-JOBS II GRANT FUNDS TO BUILD A LEVEE BETWEEN MCCOLLISTER BOULEVARD AND CRANDIC RAILROAD ALONG THE WEST SIDE OF THE IOWA RIVER.
Comment: This spring, the Iowa Legislature in SF 2389 created the I-Jobs II Grant Program, initially called the I-Jobs Smart Growth Planning Grant Program. The program allows cities and counties to apply for disaster prevention grants. Staff intends to apply for one I-Jobs II grant to build a levee between McCollister Boulevard and the Crandic Railroad tracks along the west side of the Iowa River. The I-Jobs II grant requires a match of approximately 50%. Staff is proposing to use funds from the payback of a Supplemental Disaster CDBG construction loan for the match. Also on the agenda is a motion to set a public hearing for August 17 to consider an amendment to the FY11 Annual Action Plan to use these CDBG funds for the match. Additional information is provided in a memo from staff in the packet.

ITEM 27. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY 2010 SIDEWALK INFILL PROJECT.
Comment: Bids for this project were opened on Thursday, July 1, 2010 and the following bid was received:
Feldman Concrete Dyersville, IA $152,926.00
All American Concrete West Liberty, IA $168,487.40
J & L Construction Washington, IA $182,986.00
Eastern Iowa Excavating & Const. Cascade, IA $183,259.75
Shamrock Construction Coralville, IA $219,705.60
Ti-Zack Concrete Le Center, MN $283,458.00
Engineer's Estimate $190,000.00
Public Works and Engineering recommend award of the contract to Feldman Concrete of Dyersville, Iowa. The project will be funded with General Obligation bond proceeds.

ITEM 28. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY 2011 ASPHALT RESURFACING PROJECT.
Comment: Bids for this project were opened on Wednesday, June 30, 2010 and the following bid was received:
LL Pelling Company North Liberty, IA $2,199,318.22
Engineer's Estimate $2,270,280.80
Public Works and Engineering recommend award of the contract to LL Pelling Company of North Liberty, Iowa. The project will be funded with Road Use Tax proceeds, General Obligation bond proceeds, $250,000 in IJOBS funding, and $660,000 in IDOT funds.

ITEM 29. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PENINSULA FLOOD MITIGATION IMPROVEMENTS PROJECT.
Comment: Bids for this project will be opened on Thursday, July 8, 2010. Public Works and Engineering will review the bids and a recommendation will be made to Council at their work session on Monday, June 12, 2010. The estimated construction cost is $871,300 and will be funded with FEMA reimbursements.

ITEM 30. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BOWERY STREET BRICK REPAIR PROJECT.
Comment: Bids for this project will be opened on Thursday, July 8, 2010. Public Works and Engineering will review the bids and a recommendation will be made to Council at their work session on Monday, June 12, 2010. The estimated construction cost is $205,000 and will be funded with General Obligation bond proceeds.

ITEM 31. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 420TH STREET IMPROVEMENT PROJECT.
Comment: Bids for this project will be opened on Thursday, July 8, 2010. Public Works and Engineering will review the bids and a recommendation will be made to Council at their work session on Monday, June 12, 2010. The estimated construction cost is $4,620,000 and will be funded with an IDOT RISE Grant for $1,243,801 and the remainder from General Obligation bond proceeds.

ITEM 32. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT.
Comment: This agreement authorizes Shoemaker & Haaland Professional Engineers to provide design engineering services related to the construction of the Butler Bridge Pedestrian Trail Project. This project will include construction of a separated pedestrian bridge on the west side of North Dubuque Street’s Butler Bridge. The total cost of the engineering services is $78,700. This project will be funded by STP grant funds, GO Bonds, Johnson County, and the City of Coralville.

ITEM 33. CONSIDER A RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES.
Comment: The City has the authority under Iowa Code §364.13B to assess the nuisance abatement costs in the same manner as a property tax. This resolution allows the City Clerk to certify to the Johnson County Treasurer the abatement cost to be assessed against the property. This assessment is being pursued only after the City took many steps to resolve the matter. The City notified the home owners to abate the nuisance (for example, to remove snow from the sidewalk) and after the home owner did not take action to abate the nuisance, the City abated the nuisance and billed the owner. After being billed at least twice, these owners still have not paid the abatement costs. The City has sent a letter to the home owner giving them notice that this resolution would be on the agenda, a copy of which is attached to the resolution. No interest will be charged if the owner pays within 30 days of the first required publication. Attached as an exhibit to the resolution is a list of the properties that will be assessed and the amount that will be assessed.
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ITEM 34. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated.
a) Housing and Community Development Commission – Three vacancies to fill three-year terms September 1, 2010 – September 1, 2013. (Term expires for Brian Richman, Holly Jane Hart, Charles Drum) (4 males and 2 females currently serve).

b) Human Rights Commission – One vacancy to fill an unexpired term, effective August 1, 2010, ending January 1, 2013. (Fernando Mena-Carrasco resigned) (3 males and 5 females currently serve).

ITEM 35. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.]
Previous:
a) Airport Zoning Brd of Adjustment – One vacancy to fill an unexpired term, effective upon appointment, plus a five-year term January 1, 2007 - December 31, 2011. (Carl Williams resigned) (1 male and 1 female currently serve).

b) Airport Zoning Brd of Adjustment – One vacancy to fill a five-year term January 1, 2009 - December 31, 2013. (Term expires for Dennis Keitel) (1 male and 1 female currently serve).

c) Airport Zoning Commission – One vacancy to fill a six-year term January 1, 2006 – December 31, 2011. (Term expires for Mark Anderson) (1 male and 1 female currently serve).

d) Airport Zoning Commission – One vacancy to fill a six-year term January 1, 2010 – December 31, 2015. (Term expires for Brian Sponcil) (1 male and 1 female currently serve).

e) Appeals, Board of – One vacancy to fill a five-year term January 1, 2009 – December 31, 2013, for a Mechanical Professional. (Term expires for Tim Fehr) (5 males and 1 female currently serve).

f) Police Citizens Review Board – One vacancy to fill an unexpired term, effective upon appointment, ending September 1, 2012. (Janie Braverman resigned) (3 males and 1 female currently serve).

g) Youth Advisory Commission – One vacancy to fill a two-year term January 1, 2009 – December 31, 2010 One (1) person – Tate High (3 males and 2 females currently serve)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, AUGUST 11, 2010.

ITEM 36. CITY COUNCIL COMMITTEE APPOINTMENTS
a) Seats Paratransit Advisory Committee (1) – Two-yr term July 1, 2010 – June 30, 2012
2008 appointee (term ending 6/30/10) – Connie Champion

ITEM 37. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).

ITEM 38. CITY COUNCIL INFORMATION.

ITEM 39. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager.
b) City Attorney.
c) City Clerk.

ITEM 40. ADJOURNMENT. (Continue Work Session if necessary)