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HomeMy WebLinkAbout2006-09-05 Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. ITEM 1. Iowa City City Council Agenda Regular Formal September 5, 2006 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street ~ ~ CALL TO ORDER. ROLL CALL. <~ G>~ ITEM 2. PROCLAMATIONS. I! I !:~.Er.~~llt ""'-, .....~ -~ CITY OF IOWA CITY www.icgov.org a) International Student Day - September 13, 2006 b) Save A Life Month - September 2006 c) Suicide Prevention Week - September 10-16, 2006 ~~ ITEM 3. 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. August 21, Special Council Work Session 2. August 22, Special Council Formal Official and Complete 3. August 25, Special Council Formal Official and Complete Receive and File Minutes of Boards and Commissions recommendations contained in minutes become effective only separate Council action). (any upon b) 1. Planning and Zoning Commission: August 3, 2006 2. Civil Service Commission: August 15, 2006 3. Historic Preservation Commission: July 27, 2006 4. Historic Preservation Commission: July 13, 2006 5. Human Rights Commission: July 25, 2006 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class E Liquor License for Jason Caylor dba Liquor Downtown, 315 S. Gilbert SI. September 5, 2006 ot., - .J'1~ d) Motions. City ofIowa City Page 2 Renewal: 2. Class C Liquor License for Takanami, LLC, dba Takanami, 217 Iowa Ave. Special Class C Liquor License for Tropical Chill, Inc., dba Baldy's Wraps, 18 S. Clinton St. Special Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow Cafe, 327 E. Market St. Class C Beer Permit for FAP Enterprises, Inc., dba Gasbys, 1310 S. Gilbert St. Resolution to issue Cigarette Permit for Jason Caylor dba Liquor Downtown, 315 S. Gilbert St. 3. 4. 5. 6. 1. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $12,100,116.82 FOR THE PERIOD OF JULY 1 THROUGH JULY 31,2006, 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) Setting a Public Hearing. 01..- d-~O at. / J." I 1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON AMENDING THE FY2007 OPERATING BUDGET Comment: This resolution sets a public hearing for September 19, 2006 to amend the FY2007 budget. Information will be available to the public on September 8, 2006. 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 19, 2006 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HOUSING AND INSPECTIONS REMODELING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project will involve removing existing interior walls and soffits and building two offices in the northeast corner of Housing and Inspection Services. The project will also include modifications of related HVAC systems. September 5, 2006 City of Iowa City Page 3 f) Resolutions. 1. CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENAL TV AND WAIVER OF RIGHT TO HEARING FROM FAREWAY STORES, INC. #034, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2005) olc.- JV- Comment: This Resolution accepts payment of a $300 civil penalty, authorized by Iowa Code section 453A.22(2), from Fareway Stores, Inc. #034, 2765 Commerce Drive, Iowa City. Section 453A.22(2) provides that 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. By making this payment and signing the appropriate waiver, Fareway Stores, Inc. #034 waives its statutory right to have a hearing on whether the civil penalty should be assessed. 0,", ~ .J.'6? 2. CONSIDER A RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) Comment: The National Incident Management System (NIMS) is intended to provide a framework for local, state and federal governments to work together to respond to any domestic hazard, whether a natural disaster or terror incident. NIMS compliance, including adoption of this resolution, is required in order to receive federal preparedness dollars. ob-.d-~4- 3. CONSIDER A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) FOR THE FIRST AVENUE I IOWA INTERSTATE RAILROAD GRADE SEPARATION PROJECT. Comment: The City applied for ICAAP funds last year for this project and did not receive funding. This resolution will allow the City to reapply for $2 Million in grant funds for this estimated $6.2 Million project. ICAAP funds are intended to be used for projects that reduce congestion and vehicular emissions. This project will create a railroad overpass over First Avenue which will eliminate idling vehicles when First Avenue is blocked by Iowa Interstate Railroad trains, and will improve emergency service response times in the corridor. September 5, 2006 ob'j.9.S ob - J,&<O ",Io-don 010- J.~~ City of Iowa City Page 4 4. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT AND AN AMENDED AGREEMENT FOR THE PROPERTY LOCATED AT 611, 613, 615, 619, 625, AND 627 IOWA AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 611,613,615,619, 625, and 627 Iowa Avenue received assistance through the City of Iowa City's Supplementary Community Development Block Grant Funds. The terms have been satisfied; thus the liens need to be released. 5. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SOUTH GILBERT STREET I SAND ROAD IMPROVEMENTS - NAPOLEON LANE TO SYCAMORE STREET 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. 6. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE RIDGE ROAD WATER MAIN BORING 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. 7. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN IMPROVEMENTS FOR LOT 2 OF WINDSOR RIDGE - PART TWENTY-ONE (BUILDINGS ADDRESSED 4954, 4956, 4958,...4976 E. COURT STREET; 221, 223, 225,...231 S. TAFT AVENUE; 261, 263, 265,...283 S. TAFT AVENUE; AND 301, 303, 305,...323 S. TAFT AVENUE), AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. g) Correspondence. 1. JCCOG Traffic Engineering Planner: Installation of NO PARKING ANY TIME signs on the south side of Apple Court. 2. JCCOG Traffic Engineering Planner: Removal of Iowa City BUS STOP sign on Gilbert Street at College Street. Installation of Iowa City BUS STOP sign on Washington Street at Gilbert Street. 3. Acting Traffic Engineering Planner: Installation of (2) HANDICAP RESERVED PARKING signs in front of 430 N. Van Buren Street. 4. Jim Ponto: Smoking within 25 feet of building entrances [staff response included] 5. Ellen Heywood: Charter Amendments September 5, 2006 City of Iowa City Page 5 /fa.- ITEM 4.b ITEM 5. 6. Brian Frudden: Johnson County Permanent Supported Housing for Person with Special Needs 7. Mr. and Mrs. Daniel Keating: Common area behind Lindemann Drive 8. Joyce Barker: North Airport Development Subdivision 9. Dorothy Persson: Building occupation code related to housing persons temporarily 10. Catherine Moore: Housing in Iowa City 11. Lucille Heitman: Request for pedestrian crosswalk on Highway 1 near The Lodge apartment complex 12. Kathryn Jackelen: Pollution concerns 13. Jean Walker: Football games and the Melrose Neighborhood [Response included] 14. Paul Diehl: Alternatives to Grand Avenue Roundabout END OF CONSENT CALENDAR. ~/ ('A4A'~A..) .l.u- ~~' &'.c.P'ht COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Vo Community Comment will be continued, if necessary, prior to "City Council Information" item. 4.../ ~.J PLANNING AND ZONING MATTERS. a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR SEPTEMBER 19 ON AN ORDINANCE REZONING 49.05 ACRES OF LAND LOCATED BETWEEN COURT STREET AND LOWER WEST BRANCH ROAD FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPD5) (REZ06-00022) Comment: At its August 17 meeting, by a vote of 6-0 (Shannon absent), the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated August 17. A Planned Development Overlay is being requested to allow the grading of more than 35% of the critical slopes on the property. Approval will allow development of Stone Bridge Estates, Parts 5-9, a 139-lot, 49.05-acre, residential subdivision. Action: ~ / Ih-u~-1~ dB? ~eJ I ~ 1 !~~~Ilt -..:......~IIIII' ....,..~ CITY OF IOWA CITY MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions to September 5, agenda ITEM 4a LATE PERMIT MOTIONS AND RESOLUTIONS AS RECOMMENDED BY THE CITY CLERK (Additions) 1. Class C Beer Permit for Casey's Marketing Company dba Dubuque Street HandiMart #2761, 204 N. Dubuque St. 2. Class C Beer Permit for Casey's Marketing Company dba Sunset HandiMart #2781,1410 Willow Creek Dr. 010- .;l~" 3. Resolution to issue Cigarette Permit to Casey's Marketing Company dba Dubuque Street HandiMart #2761,204 N. Dubuque St. and Casey's Marketing Company dba Sunset HandiMart #2781,1410 Willow Creek Dr. ~/~ . 7/ ~/c) ****** September 5, 2006 City ofIowa City Page 6 b) AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE NEAR SOUTHSIDE DESIGN PLAN TO CONSIDER CENTRAL BUSINESS (CB-10) ZONING SOUTH OF BURLINGTON STREET. (# -!l) Comment: At its August 17 meeting, by a vote of 6-0 (Shannon absent) the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated August 17. Approval will allow consideration of CB- 10 zoning in addition to CB-5 zoning in the downtown extension district of the Near Southside Design Plan. The downtown extension district is generally located between Burlington Street and Court Street and Gilbert Street and Madison Street. 1. PUBLIC HEARING Action: 1\ 0 IYu..v aftj P A.uz.eR ~ 0'- ~.;1.'to 2. CONSIDER A RESOLUTION Action: (O~~t 62' N~~. 0 PI.A( ;; () c) CONDITIONAllY REZONING 1.12 ACRES OF PROPERTY lOCATED AT 314 & 328 S. SOUTH CLINTON STREET FROM CENTRAL BUSINESS SUPPORT (CB-5) ZONE TO CENTRAL BUSINESS (CB-10) ZONE. (REZ06- 00015) (.:II ~ Comment: At itlAugust 17 meeting, by a vote of 6-0 (Shannon absent) the Planning and Zoning Commission recommended approval subject to a Conditional Zoning Agreement addressing requirements for a mix of residential and commercial uses, parking, building bulk and building setback from Burlington Street. Staff recommended approval in a report dated August 17. Approval will allow development of Hieronymus Square, a 13- story, mixed-use commercial and residential building. 1. PUBLIC HEARING Action: be...I ~AtfLJ 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ~'!)/~PPL/ ~ k~fu- ptJ September 5, 2006 City ofIowa City Page 7 d) VACATING THE EASTIWEST ALLEY IN BLOCK 102. (VAC06-00005) Comment: At its August 17 meel/t,"t? a vote of 6-0 (Shannon absent) the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated August 17. Approval will allow the vacation of this alley and its relocation within the block to accommodate the development of Hieronymus Square. 1. PUBLIC HEARING Action:_~.o ~ aHo~ 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: @ '{J / &P''l 19- c.- u I-P ( (!JJ'U 7/~ / e) REZONING APPROXIMATELY 9.53 ACRES OF LAND LOCATED EAST OF GILBERT STREET AND WEST OF SANDUSKY DRIVE FROM INTERIM DEVELOPMENT-RESIDENTIAL/HISTORIC DISTRICT OVERLAY (ID- RS/OHD) ZONE TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL/HISTORIC DISTRICT OVERLAY (RS-5/0H!?), (REZ06~Q0010) ((l'lC(dV.9Jet- 5..-6d) Comment: At its August 3 meeting, by a vot~f 7-0, The Planning and Zoning Commission recommended approval of this rezoning. In a report dated July 20, Staff recommended approval of the application. Approval will allow this property to be subdivided into 2 residential lots. 1. PUBLIC HEARING Action: y\'o (Yu.V ~ 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: &;fl/?/( / (() 'jJ If IS-!' e...- V i-!h . {/ lJ4/1/A:?~ % September 5, 2006 City of Iowa City Page 8 f) CONSIDER A RESOLUTION APPROVING FINAL PLAT OF SILVERCREST RESIDENTIAL COMMUNITY - PART 3, IOWA CITY, IOWA. (SUB06-00010) Comment: At its August 17 meeting, by a vote of 6-0 (Shannon absent), the Planning and Zoning Commission recommended approval subject to staff approval of legal papers and construction drawings prior to Council consideration. Construction drawings have been approved. It is anticipated that legal papers will be approved prior to the Council meeting. Staff recommended approval in a report dated August 17. Approval will allow the development of Silvercrest Residential Community - Part 3, a 7 -lot, 12.17 -acre residential subdivision located south of American Legion Road and east of Scott Boulevard. Action: U/2~ I ~;.t7hJ) ( . .."...........--- ...............---_. ~.ed ~ 9jr ..........a(!Lcqp g) CONSIDER A LETTER TO THE JOHNSON COUNTY BOARD OF ADJUSTMENT RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A HOME BUSINESS ON 3.3 ACRES LOCATED AT 4396 TAFT AVENUE. Comment: At its August 17 meeting, by a vote of 6-0 (Shannon absent), the Planning and Zoning Commission recommended approval subject to the term of the permit being tied to the applicant's ownership of the property. Staff recommended approval in a memorandum dated August 17. The County's zoning code provides for City comment on conditional use permits within the Iowa City/Johnson County fringe area. Approval will allow a home based business, a home repair service, to be operated in residential zone. Action: ~.~~{l ao ~/e/. h) CONSIDER A LETTER TO THE JOHNSON COUNTY BOARD OF SUPERVISORS RECOMMENDING APPROVAL OF A REZONING FROM COUNTY RESIDENTIAL (R) ZONE TO COUNTY MANUFACTURED HOUSING RESIDENTIAL (RMH) ZONE FOR APPROXIMATELY .58 ACRES OF PROPERTY LOCATED ADJACENT TO THE SOUTH SIDE OF LAKE RIDGE MANUFACTURED HOME PARK, WEST OF RIVERSIDE DRIVE. Comment: At its August 17 meeting, by a vote of 6-0 (Shannon absent), the Planning and Zoning Commission recommended approval. Staff recommended approval in a memorandum dated August 17. The rezoning is being requested to allow the construction of an additional storm shelter. ()(/)/J;iJ~~ Action: ~tl IV~e.J S~pt~mb~r 5, 2006 City ofIowa City Page 9 ITEM 6. ITEM 7. ITEM 8. o 10 - ,j..q I ITEM 9. Cb-JqJ.. CONSIDER A MOTION APPROVING TAX EXEMPTION CERTIFICATE Comment: This certificate is executed and delivered in connection with the issuance by the City of $3,350,000 General Obligation Refunding Capital Loan Notes. This 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 Notes as tax exempt. Action: 'Jt2~ / /'AA"-y;t9J /7~ ~F CONSIDER A MOTION APPROVING CONTINUING DISCLOSURE CERTIFICATE Comment: This certificate is executed and delivered in connection with the issuance by the City of $3,350,000 General Obligation Refunding Capital Loan Notes. The disclosure certificate is being executed and delivered for the benefit of the holders and beneficial owners of the bonds and in order to assist the participating underwriters in complying with the Securities Exchange Commission (SEC) rule 15c2-12(b)(5). Action: l>>~~1 /!J' ~,J;?-f. Ll tfP' /1'"" (f' A..J CONSIDER A RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $3,350,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C, AND LEVYING A TAX TO PAY THE NOTES Comment: This resolution provides final authorization for the issuance of $3,350,000 Capital Loan Notes. Action: r.DA~t;~r~~ //d~~'A/1~ 7/v DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE LOWER WEST BRANCH ROAD - SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT. Comment: The City of Iowa City must acquire right-of-way, fee title, permanent easements and/or temporary construction easements to construct the Lower West Branch Road - Scott Boulevard to Taft Avenue Improvements Project. This public hearing provides interested parties the opportunity to present their views on the project and the proposed acquisition of property rights. The project involves the reconstruction of Lower West Branch Road from Scott Boulevard to Taft Avenue. a) PUBLIC HEARING Action: r\p ~ ttff.RA A tJ--/) b) CONSIDER A RESOLUTION Action: ~ 1.i3;p Itf(~hNuJ ftJ September 5, 2006 City ofIowa City Page 10 ITEM 10. 010- :JfB ITEM 11. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 938 LONGFELLOW PLACE. Comment: The Iowa City Housing Authority, under its Affordable Dream Home Program, proposes to sell 938 Longfellow Place. The amount of the sale will be $147,000. The buyer grew up locally, recently received her degree and decided to remain in Iowa City. The family is not currently assisted through the Housing Authority, but meets income eligibility criteria. The buyer will be contributing $25,250 in personal and family funds for the down payment and has received a written commitment for a mortgage from a local bank in the amount of $80,000. The City will provide a second mortgage for $36,750 and the buyer has applied for a third mortgage in DAP funds for the remaining $5,000. This sale will provide the opportunity for a low-income family to obtain ownership of their own home. a) PUBLIC HEARING Action: '1'\.0 IVu , ...J a-pf '.h AJ?.A:l __ ~~II'~#- ?' / I~ W~~.dt. ~ CONSIDER A'NORDINANC AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES" CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND PENALTIES," SECTION 8, ENTITLED "PARKING VIOLATIONS," TO ESTABLISH FINES FOR LIBRARY PARKING VIOLATIONS. (FIRST CONSIDERATION) b) CONSIDER A RESOLUTION Action: Comment: Ordinance No. 6-4199 that was passed in March 2006 inadvertently repealed the fines for violations of the parking space provisions in front of the library. This ordinance simply reverses that omission. The dollar amount of the fines remains the same. Action: ~)iM:J;~~Y-A~/~~ ~~~ 7/f; / September 5, 2006 City ofIowa City Page 11 ITEM 12. ITEM 13. olo - 4-J 3 ) ITEM 14. 0(, - 4J6J. CONSIDER AN ORDINANCE AMENDING TITLE 7, ENTITLED "FIRE PREVENTION AND PROTECTION," CHAPTER 1, ENTITLED "FIRE CODE" BY AMENDING SECTION 4 TO INCREASE THE PENALTIES FOR OVERCROWDING. (SECOND CONSIDERATION) Comment: The Fire Department will enforce the overcrowding provisions in the International Fire Code, as adopted by the City, and requests the penalties for said violations be increased to a level more commensurate with the life-safety danger and risks associated with overcrowding. Memorandum from the City Manager included in Council packet. ~ ~ 7~ Act;oo tt;jfU!~;~v:U~~ CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR ~ AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS," AND SUBSECTION C, ENTITLED "SCHOOL SPEED ZONES," TO ESTABLISH AND AMEND THE SPEED LIMIT ON PORTIONS OF MORMON TREK BOULEVARD, NAPLES AVENUE, SYCAMORE STREET AND U.S. HIGHWAY 6. (SECOND CONSIDERATION) Comment: Title 9 of the City Code establishes speed limits for motor vehicles on certain city streets, based on traffic engineering studies. Certain listings in the City Code have been found to be inconsistent with the actual speed limit signs in the field. The Transportation Planning Division recommends clarifications and/or amendments to the City Code to eliminate these inconsistencies on Mormon Trek Boulevard, Naples Avenue, Sycamore Street and U.S. Highway 6. This action does not change any posted speed limits. Staff recommends expedited action. Act;OO.tt;! ~1:~ ~:'~~.p,,~/i fjidyj6 CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 3, ENTITLED "WEED CONTROL" BY AMENDING SECTION 1 TO PROVIDE FOR ENFORCEMENT THROUGHOUT THE YEAR. (SECOND CONSIDERATION) Comment: This provides that the "weed ordinance" may be enforced throughout the year and not just from May 15 to October 15. Staff recommends expedited action. AdJoOI't:~~~;..) :;i:t"",,/i "l~~~ September 5, 2006 City oflowa City Page 12 ITEM 15. 010 - 4d- 33 ITEM 16. 010- Jq4 CONSIDER AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND FEES" CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND PENALTIES," TO MAKE THE FINE FOR LITTERING THE SAME AS THE FINE UNDER THE STATE CODE AND AMENDING TITLE 16, ENTITLED "PUBLIC WORKS," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE H, ENTITLED "SOLID WASTE," TO BROADEN THE DEFINITION OF LITTER. (SECOND CONSIDERATION) Comment: This past spring the Iowa legislature increased the fine for littering on streets and highways from $35.00 to $70.00. The City cannot have a smaller fine for the same offense. Presently the City fine for littering, regardless of where it occurs, is $35.00. This ordinance increases the fine for all littering violations to $70.00. This ordinance also amends the definition of "litter" to make it more inclusive. Presently, it is illegal to deposit garbage on the streets, parks, and other public places only if doing so "unreasonably endangers public health, safety and welfare," and this ordinance deletes that requirement. Staff recommends expedited action. Action: ff/:;:;~cs"~) {{}~C'-. ~d't:-1j/ &~ % ~a,k LL ~f'.,~ ~ CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, AND KDLP, INC. D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFE AT 126 E. WASHINGTON STREET TO ALLOW KLDP, INC. TO ASSIGN ITS INTEREST TO CHACKALACKAL, INC.. Comment: The City has an agreement with KLDP, Inc. d/b/a One Twenty Six to operate a sidewalk cafe. KLDP, Inc. recently sold the restaurant business to Chackalackal, Inc. This resolution approves an amendment to the agreement to allow the prior owner, KLDP, Inc., to assign its interest in the sidewalk cafe agreement to the new owner, Chackalackal, Inc. Action: /vu'Pp/'(;/ L4/1V#t7A J jJr r2MAf;?/A/ ~ September 5, 2006 City of Iowa City Page 13 ITEM 17. 01", - ,;).'15 CONSIDER A RESOLUTION AWARDING CONTRACT FOR THE RE. DEVELOPMENT OF BROOKLAND PARK. Comment:. The bid opening for this project was held August 24, 2006 and six bids were received as follows: OEC, Inc. Carter & Assoc., Inc. Vieth Construction All American Concrete McCubbin Construction MBA Concrete Iowa City Iowa City Cedar Falls West Liberty Davenport North Liberty $153,714.20 161,442.40 162,795.00 176,407.20 207,635.18 229,618.20 $177,755.00 Consultant's Estimate Staff recommends awarding the contract to OEC, Inc. The funding source for this project is G.O. Bonds. Action: U~;tf ~j 'yp>~~ ~ / ITEM 18. COUNCIL APPOINTMENTS. ~a) ~~ rJ~ Telecommunications Commission - One appointment to fill an unexpired term ending March 13, 2008. (James Ehrmann resigned) (4 males and 0 females currently serve). Action: ~ ~t? b) Airport Zonino Brd of Adiustment - One appointment to fill an unexpired term plus a five-year term ending December 31, 2011. (Carl Williams resigned) (3 males and 0 females currently serve). Action: /l/<?~~/ c) Airport Zonino Commission - One appointment to fill a six-year term January 1, 2006 - December 31, 2011. (Term expires for Mark Anderson) (4 males and 0 females currently serve). Action: -1#~./~~"./ ITEM 19. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). September 5, 2006 City oflowa City Page 14 ITEM 20. ITEM 21. ITEM 22. CITY COUNCIL INFORMATION~t1/ #~ REPORT ON ITEMS FROM CITY STAFF. a) City Manager. - ~ - b) City Attorney. - 0 - c) City Clerk. - t? - ADJOURNMENT. I/~ I cr?l'tJ ":eM