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HomeMy WebLinkAbout2008-06-03 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. - r i ^~. -~r Iowa City ,~;~~~~ca:°~"t~, .~®.~'~ City Council Agenda --~ Qrv or town Grv Regular Formal June 3, 2008 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street www.icgov.org ITEM 1. CALL TO ORDER. ~'QQ~ ~Q'~'~ .~~2t~~i°xi Qn""'J }20LL CALL. ~ ~ 7~p~ ~,~p,+v ~ / 1 ITEM 2. PROCLAMATION ~p~ a) Pride Month -June 2008 ~~ ITEM 3. SPECIAL PRESENTATION ~,.~i~i~°~ ~~~L"~ a) Iowa Department of Transportation -Official Saints Community ~~J 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. May 12, Special Council Work Session 2. May 13, Special Council Formal Official and Complete b) Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). 1. Animal Care Task Force: April 24, 2008 2. Animal Care Task Force: March 6, 2008 3. Historic Preservation Commission: May 8, 2008 4. Housing and Community Development Commission: April 17, 2008 5. Planning and Zoning Commission: May 1, 2008 6. Public Art Advisory Committee: April 3, 2008 7. Human Rights Commission: April 22, 2008 8. Board of Adjustment: April 9, 2008 9. Airport Commission: April 28, 2008 10. Airport Commission: April 10, 2008 11. Police Citizens Review Board: April 8, 2008 12. Police Citizens Review Board: March 11, 2008 June 3, 2008 City of Iowa City Page 2 13. Historic Preservation Commission: March 13, 2008 14. Historic Preservation Commission: April 10, 2008 15. Youth Advisory Commission: April 21, 2008 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class C Liquor License for Firewater, LLC, dba Firewater, 347 S. Gilbert St. Renewal: 2. Class C Liquor License for Jirsa's, LLC dba Rick's Grille & Spirits, 1705 S First Ave. 3. Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 S. First Ave. 4. Class C Liquor License for Pershell Corp., dba Colonial Lanes, 2253 Highway 218 S. 5. Class C Liquor License for Weeks-Van Eck Post #3949 Veterans of Foreign Wars dba Weeks-Van Eck Post #3949 Veterans of Foreign Wars, 609 Highway 6 E. 6. Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss St. 7. Class C Liquor License for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 W. 8. Outdoor Service Area for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 W. 9. Class C Beer Permit for EI Paso Tienda y Taqueria, Inc., dba EI Paso the Mexican Store, 609 Hollywood Blvd. 10. Class C Beer Permit for Kum & Go, LC, dba Kum & Go #422, 513 S. Riverside Dr. 11. Class E Liquor License for Iowa CVS Pharmacy, LLC, dba CVS/Pharmacy #8547 , 2425 Muscatine Ave. d) Motions. 1. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $9,188,871.97 FOR THE PERIOD OF MARCH 1 THROUGH MARCH 31, 2008, 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. 2. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $12,218,805.10 FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 2008, 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. Junc 3, 2008 City of Iowa City Page e) Public Hearings. pg~-- 1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON JUNE 17, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2008 DURABLE PAVEMENT MARKING 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 consists of painting durable pavement markings and crosswalks on arterial streets, the central business district and school areas. The engineer's estimate is $185,000 and will be funded with Road Use tax proceeds. a `b- ISI 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON JUNE 17, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2008 SANITARY SEWER REHABILITATION 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 repair the sanitary sewer system at six sites located throughout Iowa City. The project will utilize underground repair technology for the sewer repairs that require no excavation. The estimated construction cost is $319,000 and will be funded with Wastewater revenues. og~ 152- 3. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON JUNE 17, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHLAND COURT WATER MAIN EXTENSION 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 involves the replacement of approximately 1050 LF of existing 6" water main with new 8" water main along Highland Court from Highland Ave to Gilbert Ct. Associated work includes connecting existing water services to the new 8" water main, pavement removal & replacement, and parkway restoration. The estimated construction cost is $ 231,000 and will be funded with Water revenues. June 3, 2008 City of Iowa City Pate o $- >53 4. CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR JUNE 77, 2008, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 960 LONGFELLOW PLACE. Comment:: The Iowa City Housing Authority, under its Affordable Dream Home Program, proposes to sell 960 Longfellow Place. The amount of the sale will be $147,000. The head of household works for a local non-profit agency and the family meets income eligibility criteria. The family will be contributing $500 for the down payment and has received written commitments for a mortgage from a local bank in the amount of $109,750. The City will provide a second mortgage for the remaining $36,750. This sale will provide the opportunity for a low-income family to obtain ownership of their own home. f) Resolutions. D ~ - 15~ 1. CONSIDER A RESOLUTION TO AMEND THE FY06 AND FY08 ANNUAL ACTION PLANS, WHICH ARE A PART OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY STEPS). Comment: At their May 15, 2008 meeting, Housing and Community Development Commission members made a recommendation to amend the FY06 and FY08 Annual Action Plans. The FY06 Annual Action Plan is being amended to reflect the cancellation of the FY06 CDBG- funded down payment assistance program and The Housing Fellowship's FY06 HOME funded affordable rental housing program. The FY08 Annual Action Plan is being amended to reflect the request by Iowa Valley Habitat for Humanity to use FY08 HOME funds to acquire land for the construction of four, rather than three, single-family homes. The funds from the canceled FY06 projects were reallocated during the FY09 allocation process. off- 1~5 2. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR FIRST AMERICAN BANK ADDITION PROJECT. Comment: See Engineer's Report. o`~, 15Io 3. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE RECONSTRUCTION OF THE PAVEMENT AND ASSOCIATED STORM SEWER FOR THE ALLEY LOCATED IN BLOCK 40 OF ORIGINAL TOWN. Comment: See Engineer's Report. Junc 3, 2UU8 City of Iowa City Page 5 O S' I S ~ 4. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT TAKANAMI LLC D/B/A TAKANAMI, FOR A SIDEWALK CAFE. Comment: University View Partners, as landowner, and Takanami LLC d/b/a as Takanami, seek a renewal of a license agreement for temporary use of public right-of-way at 219 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. ~ ~~ 15 ~ 5. CONSIDER A RESOLUTION ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING AND FROM HY-VEE FOOD STORE, PURSUANT TO IOWA CODE SECTION 453A.22(2)(2007) 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 Hy-Vee Food Store, 1201 North Dodge 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 Hy-Vee Food Store has violated Section 453A.2(1). By signing the appropriate waiver and paying the $300 civil penalty, Hy-Vee Food Store waives its statutory right to have a hearing on whether the civil penalty should be assessed. ©g- ISM 6. CONSIDER A RESOLUTION ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING AND FROM SAMCO OF IOWA CITY, INC., D/B/A JOE'S PLACE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007) 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 Joe's Place, 115 Iowa 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 Joe's Place has violated Section 453A.2(1). By signing the appropriate waiver and paying the $300 civil penalty, Joe's Place waives its statutory right to have a hearing on whether the civil penalty should be assessed. Junc 3, 2008 City of Iowa City Page g) Correspondence. 1. Acting Traffic Engineering Planner: Installation of (2) NO PARKING BETWEEN SIGNS signs in the 100 Block of N. Linn Street (on east side) 2. Acting Traffic Engineering Planner: Installation of (2) STOP signs and (1) YIELD sign 3. Brian Flynn: Blackstone Restaurant outdoor service area 4. Angela Reams and Sarah Hansen: University of Iowa Alcohol Prevention Program Summary 5. Jim Cochran: Smoking - Ped Mall [staff response included] 6. Sheila Knoploh-Odole: Bike accident Church and Dodge [staff response included] 7. Andy Johnson: Senate File 2432 8. Ray Wombacher: Lack of reimbursement for property damage [copy of the May 8, 2008 letter to which Mr. Wombacher is responding is included in Council packet] 9. Albert Gibson: Ban leaf blowers and gas trimmers END OF CONSENT_CALENDAR. ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 Community Comment will be continued, if necessary, prior to "City Council Information' item. .. ITEM 6. PLANNING'AND ZONING MATTERS. (Item "b,c,d,f,g" will proceed as outlined in the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications.") a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JUNE 17 ON AN ORDINANCE AMENDING TITLE 15, LAND SUBDIVISIONS, BY REPEALING TITLE 15 IN ITS ENTIRETY AND REPLACING IT WITH A NEW TITLE 15, LAND SUBDIVISIONS. Comment: At its May 12, 2008 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the amendments to Title 15, Land Subdivisions. Staff recommended approval in a report dated April 25, 2008. Action: 1<~ June 3, 2008 City of Iowa City Page b) TO AMEND THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE MAP DESIGNATION FOR APPROXIMATELY 10 ACRES OF LAND LOCATED NORTH OF HIGHWAY 6, EAST OF SCOTT BOULEVARD, AND WEST OF COMMERCE DRIVE FROM INDUSTRIAL TO GENERAL COMMERCIAL. Comment: At its May 1 meeting, by a vote of 5-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval of this amendment. Staff recommended approval in a memo dated April 25, 2008. Approval will allow this property to be rezoned from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone. PUBLIC HEARING Action: p g' IUD 2. CONSIDER A RESOLUTION Action: c) CONDITIONALLY REZONING APPROXIMATELY 10.08 ACRES OF LAND LOCATED NORTH OF HIGHWAY 6, EAST OF SCOTT BOULEVARD, AND WEST OF COMMERCE DRIVE FROM INTENSIVE COMMERCIAL (CI- 1)ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE. (REZ08-00003) Comment: At its May 1, 2008, meeting, by a vote of 5-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated April 17. Approval of this rezoning will allow this property to be developed with retail commercial uses. PUBLIC HEARING Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: Junc 3, 2008 City of Iowa City Page d) REZONING APPROXIMATELY 9.48 ACRES OF LAND LOCATED SOUTH OF OLIVE COURT AND LEAMER COURT AND EAST OF MARIETTA AVENUE FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) ZONE TO PLANNED DEVELOPMENT OVERLAY (OPD-8). (REZ08-0001) Comment: At its May 1, 2008, meeting, by a vote of 5-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a memo dated April 25. Approval of this rezoning will allow this property to be developed with a combination of detached and attached single-family dwellings clustered in a manner that will help preserve sensitive areas on the site. Cl~ Action. AN ORDINANCE (FIRST CONSIDERATION) e) APPROVING VACATION OF THE NORTHTOWNE PARKWAY RIGHT-OF- WAY AND PARTIAL RELEASE OF PUBLIC ACCESS EASEMENT WITHIN HIGHLANDER DEVELOPMENT, THIRD ADDITION, IOWA CITY, IOWA. (VAC08-00002) Comment: At its May 1, 2008, meeting, by a vote of 5-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval of this vacation. Staff recommended approval in a report dated May 1. Approval will allow this portion of right-of-way to be incorporated into lot 12 of the Highlander Development Third Addition. The City will retain necessary easements over the vacated right- of-way and the applicant will convey to the City a comparable right-of-way and easement area east of Northgate Drive and north of the vacated parcel. PUBLIC HEARING Action' CONSIDER A RESOLUTION r/ Action: 1. PUBLIC HEARING ~JIE;`~1 June 3, 2008 City of Iowa City page f) CONSIDER AN ORDINANCE REZONING APPROXIMATELY 11.7-ACRES OF LAND LOCATED ON RUPPERT ROAD WEST OF OLD HIGHWAY 218 FROM COMMUNITY COMMERCIAL (CC-2) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ08-00004) (SECOND CONSIDERATION) Comment: At its April 17 meeting, by a vote of 6-0 (Smith absent), the Planning and Zoning Commission recommended approval of this rezoning (Aviation Commerce Park). Staff recommended approval in a report dated April 17. Approval will allow this property to be developed with intensive commercial uses characterized by outdoor storage and display of merchandise or sales and repair of large equipment. Action: g) CONSIDER AN ORDINANCE REZONING APPROXIMATELY 8.95-ACRES OF LAND LOCATED ON RUPPERT ROAD WEST OF OLD HIGHWAY 218 FROM COMMUNITY COMMERCIAL (CC-2) TO NEIGHBORHOOD PUBLIC (P-1).(REZ08-00004) (SECOND CONSIDERATION) Comment: At its April 17 meeting, by a vote of 6-0 (Smith absent), the Planning and Zoning Commission recommended approval of this rezoning (Aviation Commerce Park). Staff recommended approval in a report dated April 17. This rezoning will indicate the public ownership of this property. It is intended to remain as open space. Action; h) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS SUBDIVISION PARTS 10 & 11 IOWA CITY, IOWA. (SUB06-00003) Comment: At its May 12, 2008 meeting, by a vote of 5-1 (Brooks voting no), the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated May 1, 2008. Approval will allow the development of Galway Hills Parts 10 & 11 a 51-lot, 21.75-acre residential subdivision located at Dublin Drive and Shannon Drive. Action: - ~" ~~ ~"ti ~ X ~ ~~~ June 3, 2008 City of Iowa City Page 10 i) CONSIDER A RESOLUTION APPROVING THE FINAL PLATS OF GALWAY HILLS SUBDIVISION PARTS 10 8 11, IOWA CITY, IOWA. (SUB08-00006) Comment: At its May 12, 2008 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval subject to staff approval of legal papers and construction drawings prior to Council consideration. It is anticipated that construction drawings and legal papers will be approved prior to the Council meeting. Staff recommended approval in a report dated May 15, 2008. Approval will allow the development of Galway Hills Parts 10 & 11 a 51-lot, 21.75-acre residential subdivision located at Dublin Drive and Shannon Drive. ,, ~ ~ , , _ g Action: j) CONSIDER A LETTER TO TF ADJUSTMENT RECOMMENDING PERMIT FOR AGUDAS ACHIM CEMETERY ON 4.12-ACRES ~ CINDER ROAD AND WEST OF PRi v ~ ac~e_ ~. IE JOHNSON COUNTY BOARD OF APPROVAL OF A CONDITIONAL USE CONGREGATION TO ESTABLISH A )F PROPERTY LOCATED SOUTH OF ~IRIE DU CHIEN ROAD. (0008-00001) Comment: At its May 15, 2008 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of this conditional use permit. Staff recommended approval in a report dated April 24, 2008. Approval will allow this property to be developed as an expansion of an existing cemetery. Action: ITEM 7. AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES -GENERAL PROVISIONS, SECTION 6, BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS, TO ELIMINATE THE DELINQUENCY CHARGE FOR ALL STATE AND LOCAL GOVERNMENT ENTITIES. Comment: Consider an Ordinance to eliminate the delinquency charge for state and other local governmental entities. This ordinance change would preserve all collection options to ensure payment by the state and local governmental entities. a) PUBLIC HEARING ~ ~~'~~~ Action: b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action. June 3, 2008 City of Iowa City Page 11 ITEM 8. AUTHORIZING THE CONVEYANCE OF PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD, PHASE 2A, IN IOWA CITY, IOWA, TO PENINSULA DEVELOPMENT COMPANY. Comment: Pursuant to the Peninsula Neighborhood Development Agreement between the City of Iowa City and Peninsula Development Company, (as assignee of Terry L. Stamper Holdings, L.L.C.) approved by Resolution No. 00-231 of the City Council dated June 29, 2000, and the amendments thereto ("Agreement"), Peninsula Development Company has agreed to develop a tract of land known as the Peninsula Neighborhood. The City Council approved the final plat of the Peninsula Neighborhood, Phase 2A, at its May 13, 2008 meeting. Pursuant to said Development Agreement, Peninsula Development Company has agreed to purchase the Peninsula Neighborhood, Phase 2A, for a price equal to a per-unit base price of $3,171.00 multiplied by the total number of final site-plan approved units plus interest at the rate of 6.5% on the outstanding principal balance. This Resolution authorizes the conveyance of the above property by City Council as contemplated in the Development Agreement following the public hearing on the proposed conveyance. Memorandum included in Council packet. a) PUBLIC HEARING Action: ~R- llol b) CONSIDER A RESOLUTION Action. ITEM 9. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER ROOF MEMBRANE REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This project replaces the membrane and wet insulation and repairs the damaged tees at the Robert A. Lee Recreation Center and is necessary due to the age, condition and past storm damage to the roof. We are pursing an energy star rated roof. The estimated construction is $335,000 and will be funded by General Obligation bond proceeds and insurance proceeds from storm damage. a) PUBLIC HEARING Action. oS~ /6~ b) CONSIDER A RESOLUTION Action. Junc 3, 2008 City of Iowa City Page 12 ITEM 70. ASSESSING A $300.00 CIVIL PENALTY AGAINST CVS, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007) 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 CVS, 2425 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. As a part of the hearing, the Council will be provided with information establishing an employee of permit holder CVS's 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: o $- / (0 3 b) CONSIDER A RESOLUTION Action: ITEM 11. ASSESSING A $300.00 CIVIL PENALTY AGAINST K-MART, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007) 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 K-Mart, 901 Hollywood Blvd. 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 K-Mart 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: ~ ~~ l 6i/ b) CONSIDER A RESOLUTION Action: Junc 3, 2008 City of Iowa City Page 13 ITEM 12. CONSIDER A RESOLUTION DIRECTING SALE OF $9,150,000 GENERAL ~~ _ I ~~ OBLIGATION BONDS, SERIES 2008A. Comment: Bids were received at 10:00 am on June 3, 2008 for the sale of $9,150,000 General Obligation Bonds. This resolution ratifies and confirms the actions of the City Clerk and Finance Director in the determination of the most favorable bid. Action: ITEM 13. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIRST ADDENDUM TO LEASE AGREEMENT WITH ~~' ~~~ HIERONYMI PARTNERSHIP L.L.P. FOR THE LEASE OF APPROXIMATELY 760 SQUARE FEET OF COMMERCIAL SPACE LOCATED WITHIN THE COURT STREET TRANSPORTATION CENTER. Comment: In June, 2006, Hieronymi Partnership LLP entered into a lease agreement with the City for commercial space in the Court Street Transportation Center for a period of two (2) years to expire on June 30, 2008, with an option to renew the lease for (1) additional year under the same terms except that rent would be $798 per month for the additional year. Hieronymi Partnership has exercised their option to renew said lease through June 30, 2009, and now wishes to add a second Tenant option for an additional (2) year period running from July 1, 2009 through June 30, 2011, under the same basic terms of the original lease, except for an increase in the rent payment to $830 per month for the first year of the second option period and $863 per month for the second year. This Resolution authorizes the approval of the second option period in this First Addendum to the Lease. Action: ITEM 14. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC og~l(o7 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 as Motley Cow Cafe, seek 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. Action: Junc 3, 2008 City of Iowa City Page 14 ITEM 15. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC O~'-16g .RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER PRODIGY ENTERPRISES L.L.C., AND TENANT CAFFREY, INC. D/B/A DC'S, FOR A SIDEWALK CAFE. Comment: Prodigy Enterprises, as landowner, and Caffrey, Inc. d/b/a as DC's, seek a license agreement for temporary use of public right-of-way at 124 S. Dubuque Street., Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. Action: ITEM 16. CONSIDER A RESOLUTION APPROVING THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT AND A PERMANENT EASEMENT ~~' ~~~ AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE BOARD OF REGENTS, STATE OF IOWA FOR THE BENEFIT OF THE STATE UNIVERSITY OF IOWA FOR THE CONSTRUCTION OF THE 2008 DUBUQUE/CHURCH STREET RADIUS IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. Comment: The acquisitions included with these agreements will be necessary to complete permanent installations and provide work area at the northwest corn of the Dubuque Street and Church Street intersection during the 2008 Dubuque/Church Street Radius Improvement Project. The City will obtain the parcels included in this agreement by donation from the University of Iowa. Action: ITEM 17. CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA REGARDING CERTAIN off' /7a OBLIGATIONS INVOLVING THE CONSTRUCTION OF THE 2008 DUBUQUE/CHURCH STREET RADIUS IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. Comment: This agreement identifies City of Iowa City and University of Iowa responsibility for sharing half of the construction costs for replacement of the brick along Church Street between Clinton Street and Dubuque Street which is being completed as part of the 2008 Dubuque/Church Street Radius Improvement Project. This agreement will provide an estimated $86,054 of funding from the University of Iowa toward the project cost. Action: June 3,2008 City of Iowa City Page 15 ITEM 18. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR ©~~ 17~ CONSTRUCTION OF THE 2008 DUBUQUE/CHURCH STREET RADIUS IMPROVEMENT PROJECT. Comment: Bids for this project were opened on Wednesday, May 28T" and the following bids were received: All American Concrete, Inc. West Liberty, IA $ 282,039.20 Streb Construction Co., Inc. Iowa City, IA $ 309,742.90 Engineer's Estimate $ 319,252.00 Public Works and Engineering recommend award of the contract to All American Concrete, Inc. of West Liberty, Iowa. The project will be funded with Road Use tax and General Obligation bond proceeds. Staff memorandum included in Council packet. Action: ITEM 19. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE ok- ~'7a MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PUBLIC WORKS SALT STORAGE FACILITY PROJECT. Comment: Bids for this project were opened on Tuesday, May 27T" and the following bids were received: Apex Construction Co., Inc. Iowa City, IA $ 670,000.00 City Construction Group LC Iowa City, IA $ 778,000.00 Tricon General Construction Dubuque, IA $ 778,500.00 Engineer's Estimate $ 750,000.00 Public Works and Engineering recommend award of the contract to Apex Construction Co., Inc. of Iowa City, Iowa. The project will be funded by General Obligation bonds, Wastewater revenues and Stormwater revenues. Action: Junc 3, 2008 City of Iowa City Page 16 ITEM 20. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE ~k_ t~~ MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2008 ASPHALT RESURFACING PROJECT. Comment: Bids for this project were opened on Tuesday, May 20T" and the following bid was received: L.L. Pelling Company North Liberty, IA $ 446,782.59 Engineer's Estimate $ 425,000.00 Public Works and Engineering recommend award of the contract to L.L. Pelling Company of North Liberty, Iowa. The project will be funded Road Use tax proceeds. Action: ITEM 21. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE ADOPTION OF THE EAST CENTRAL IOWA COUNCIL off" 1~4 OF GOVERNMENT'S UPDATED REGIONAL COMPREHENSIVE INTEGRATED SOLID WASTE MANAGEMENT PLAN FOR 2008-2014. Comment: The Recycling Coordinator has worked with ECICOG staff to update the regional solid waste plan. Updates for Iowa City include expansion of waste reduction and recycling programs currently in place and the addition of several new programs at the Iowa City Landfill and Recycling Center to meet the Department of Natural Resources' waste reduction and recycling goals. Staff memorandum included in Council packet. Action: ITEM 22. ANNOUNCEMENT OF VACANCIES. [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 plus a five-year term ending December 31, 2011. (Carl Williams resigned) (3 males and 0 females currently serve). b) Airport Zoning Commission -One vacancy to fill asix-year term January 1, 2006 - December 31, 2011. (Term expires for Mark Anderson) (3 males and 0 females currently serve). c) Civil Service Commission -One vacancy to fill a four-year term April 7, 2008 -April 2, 2012. (Term expires for Dorothy Maher) (1 male and 1 female currently serve). Junc 3, 2008 City of Iowa City Page d) Youth Advisory Commission -One vacancy to fill a two year term January 1, 2008 -December 31, 2009. One (1) person -Age 18 to 21 on the date of filing (Term expires for Maison Bleam) t~ APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 11, 2008. New: e) Housing & Community Development Commission -Three vacancies to fill three- year terms September 1, 2008 -September 1, 2011. (Term expires for Andy Douglas, Rebecca McMurray, Jerry Anthony) (4 males and 2 females currently serve). f) Police Citizens Review Board -Two vacancies to fill four-year terms September 1, 2008 -September 1, 2012. (Term expires for Loren Horton, Elizabeth Engel) (3 males and 0 females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JULY 9, 2008. ITEM 23. c~&~"~' ~~QKs a Il ~l ITEM 24. ITEM 25 ITEM 26 ITEM 27 COUNCIL APPOINTMENTS. a) Planning & Zoning Commission -One vacancy to fill an unexpired term ending May 1, 2011. (Terry Smith resigned) (4 males and 2 females currently serve). Action: COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA) CITY COUNCIL INFORMATION. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. b) City Attorney c) City Clerk. ADJOURNMENT _,~_ ,p_ ~p~ ~~ ; 3.~ ~'_,_-r_®,~~ CITY OF IOWA CITY -'°~'~~~ MEMORANDUM ~~ TO: Mayor, City Council, General Public FROM: City Clerk RE: Addition June 3 Agenda ITEM 22. New: g. Planning & Zoning Commission -One vacancy to fill an unexpired term ending May 1, 2011. (Bob Brooks resigned) (3 males and 2 females currently serve). See correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JULY 9, 2008.