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HomeMy WebLinkAbout2009-04-06 Agenda~~ ~hiart to chance as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. ~.®~ar~ Iowa City ~:~"'~-;~~ City Council Agenda ~~ IOWA CITY Special Formal April 6, 2009 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street www.icgov.org ITEM 1. CALL TO ORDER. ~ ~('ay/ ~~~LrrrtJ ROLL CALL. Q'~"~~~~ ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Lem a Elementary '~'"c6~ a) Amanda Brown b) Libby Fischer c) Lydia Johnson d) Tim Sanderson ITEM 3. SPECIAL PRESENTATION. ni,. _.I b) UNESCO 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. March 23, Special Council Work Session 2. March 23, Special Council Formal Official and Complete 3. March 24, Special Council Formal Official and Complete 4. March 31, Special Council Formal Official and Complete 5. March 31, 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. Public Library: February 26, 2009 2. Parks and Recreation Commission: February 11, 2009 3. Public Art Advisory Committee: February 5, 2009 4. Human Rights Commission: February 24, 2009 5. Airport Commission: February 12, 2009 6. Airport Commission: February 23, 2009 7. Public Art Advisory Committee: February 5, 2009 8. Rules Committee Meeting: March 31, 2009 April 6, 2009 City of Iowa City Page 2 c) Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: 1. Class C Liquor License for Sultana, Inc., dba EI Dorado Mexican Restaurant, 1634 Sycamore St. 2. Special Class C Liquor License for Little Donkey's, Inc., dba Panchero's Mexican Grill, 32 S. Clinton St. d) Public Hearings. O 9- 95 1 • CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON APRIL 20, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION 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 expanding the gas collection system at the landfill site to meet current state and federal landfill rules. The system will collect landfill gases from the site for treatment by an enclosed flare before being released to the atmosphere. The engineer's estimate of construction cost is $345,000 and will be funded with landfill revenues. e) Resolutions. oq, 9~ _ 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDING 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 renewal of a license agreement for temporary use of public right-of-way at 160 N. Linn Street, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. nq ~ ~7 2. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SENIOR CENTER ADA RESTROOM REMODELING 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. Apri16, 2009 City of Iowa City Page 3 pR .- ~ $ 3. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE GILBERT STREET AND PRENTISS / BOWERY STREET INTERSECTION IMPROVEMENT 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. a~-~~ 4. 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 MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1904 DELWOOD DRIVE, IOWA CITY, IOWA. Comment: MidWestOne Bank has requested that the City approve a Subordination Agreement for property at 1904 Delwood Drive. On November 7, 2005, the owners of the property received funding from the City of Iowa City through the Housing Rehabilitation Program. The property has enough equity to cover the City's lien position. OQ" /DO 5. CONSIDER A RESOLUTION APPROVING THE AMENDED BY-LAWS OF THE IOWA CITY HUMAN RIGHTS COMMISSION. Comment: The Human Rights Commission recommended approval of the amended bylaws at their November 25, 2008 meeting. The City Council Rules Committee met on March 31, 2009 and also recommended approval. f) Correspondence. 1. Sharon Evans: Videotaping/Broadcast of Priority Setting Sessions 2. Helen Burford: Benton Hill Park 3. Antone Braga: Consumer protection 4. David Christ: Farmers Market 5. Kathryn Kunert: MidAmerican Energy Company Iowa City Community Report 2008 6. Joyce Barker: Police Ka~~ 7. Rezoning Northside District: Beverly Blasingame, Thomas Larry and Tina Woodsmall ~~c2~~,~~~-~ 8. Anthony Grego: Snow removal 9. Tom Richardson: Suggestions for cost savings 10. Evan Streeby: Skatepark END OF CONSENT CALENDAR. ~!,_,®~ CITY OF IOWA CITY ~i, `:m,~~~~ ,~~,~~ ~ D ~ ~~ E~~JR1~ TO: Mayor, City Council, General Public FROM: City Clerk RE: Addition April 6 Agenda Consent Calendar: Correspondence ITEM 4f(7) Rezoning Northside District: Stephen Smith ***** Apri16, 2009 City of Iowa City Page 4 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. n ~~ /-1.~ir.~ y~vvs~~Y ITEM 6. PLANNING AND ZONING MATTERS. (Item's "a, b" will proceed as outlined in the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications.") a) REZONING APPROXIMATELY 100-ACRES OF LAND LOCATED ON BOTH SIDES OF 420TH STREET SE, WEST OF TAFT AVENUE FROM INTERIM DEVELOPMENT (ID-I) TO GENERAL INDUSTRIAL (I-1) (REZ09- 00002) Comment: At its March 5 meeting, by a vote of 6-0 (Plahutnik absent), The Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated March 5. Approval will allow this property to be developed with industrial use. 1. PUBLIC HEARING Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: Apri16, 2009 City of Iowa City Page 5 b) CONDITIONALLY REZONING APPROXIMATELY .98 ACRES OF PROPERTY LOCATED NORTH OF ROHRET ROAD FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, 40.13 ACRES FROM RURAL RESIDENTIAL (RR-1) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) AND 60.28 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPD-5). (REZ08-00011) Comment: At its February 5 meeting, by a vote of 5-1 (Eastham voting no, Payne absent), the Planning and Zoning Commission recommended approval of this rezoning subject to a Conditional Zoning Agreement addressing improvement of Rohret Road to City standards, a phasing plan for the subdivision, the vacation of the southern portion of Slothower Road, approval of the wetland permit and a plan for the long-term maintenance of the wetland by a home owners' association. At their March 30 informal meeting, it was the sense of the Planning and Zoning Commission that there is no need for a joint meeting if the Council decides to retain ID-RS and RR-1 zoning on Outlot D (The Commission will formally vote on the question at their Aprif 2 meeting). Staff memorandum included in Council packet. 1. PUBLIC HEARING (CONTINUED FROM 3/10 AND 3/24) Action: A(N ORDINANCE FIRST CONSIDERATION) ~GO~ 2. CONSI ER (DEFERRED FROM 3/10 AND 3/24) Action; J/ ~G~k G^(/ r /~ Apri16, 2009 City of Iowa City Page ITEM 7. 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 three and one half percent (3.5%). Currently the fee is $14.50 per month; the increase would change the fee to $15.00, effective July 1, 2009. This action is necessary due to annual increases in operational costs. The last fee increase was effective July 1, 2008. a) PUBLIC HEARING Action: (1 n ~~~ r1.~d~.~~--ems vv b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ITEM 8. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON STREET PEDESTRIAN BRIDGE RENOVATION 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 involves the removal and replacement of the concrete deck and expansion joints along with the repair of the existing handrail. The estimated construction cost is $409,300. The replacement of the existing handrail with a new railing will be bid as an alternate and the estimated construction cost of the project with the alternate is $592,300. Funding will be 50% Iowa Department of Transportation, 25% University of Iowa and 25% City of Iowa City. The City's share will be funded with Road Use tax proceeds. a) PUBLIC HEARING Action: og - lu I , b) CONSIDER A RESOLUTION Action: Apri16, 2009 City of Iowa City Page ITEM 9. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 WATER MAIN DIRECTIONAL BORING 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 will replace water mains along the 800 Block of Roosevelt Street, along Keokuk Street from Plum Street to Kirkwood Avenue, along Laura Drive and along Knollwood Lane. The water mains will be replaced by the directional boring method. The funding source is Water revenues. The estimated cost is $135,000. a) PUBLIC HEARING Action: ill o ~~ c:~~~.rx~~~dZ. oQ ' /D~ b) CONSIDER A RESOLUTION Action: _/ ITEM 10. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 PAVEMENT REPLACEMENT FOR WATER MAIN 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 will replace the streets and sidewalks removed in conjunction with the 2009 Water Main Directional Boring Project along the 800 Block of Roosevelt Street, along Keokuk Street from Plum Street to Kirkwood Avenue, along Laura Drive and along Knollwood Lane. The funding source is Water revenues. The estimated cost is $170,000. a) PUBLIC HEARING Action: OQ- !03 b) CONSIDER A RESOLUTION Action: April 6, 2009 City of Iowa City Page 8 ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 9 ENTITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 7 ENTITLED "VEHICLE SIZE, WEIGHT AND LOAD," TO RESTRICT LARGE TRUCK TRAFFIC ON .NORTH SUMMIT STREET AND DEWEY STREET. (FIRST CONSIDERATION) Comment: This Ordinance will amend the City Code to add North Summit Street and Dewey Street to the list of streets where vehicles weighing more than 16 tons are prohibited. The existing streets where large trucks are embargoed include Kirkwood Avenue, South Summit Street, Lower Muscatine Road, and First Avenue. This action has been requested by residents of North Summit Street and Dewey Street; staff found that large trucks have damaged fire hydrants, curbs and sidewalks on these streets due to the narrow right-of-way. Action: ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 16, CHAPTER 16 ENTITLED "CITY ~ ~'~3,3 UTILITIES" OF THE CITY CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW '" .SECTION 16-36-9 ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE DANE ROAD TRUNK SEWER PROJECT". (PASS AND ADOPT) Comment: The City Code authorizes the City to adopt and implement, following public hearing, project specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities. The proposed ordinance will adopt atap-on fee for the cost associated with the construction of the Dane Road Trunk Sewer to serve the southwest area of Iowa City. Action: ITEM 13. CONSIDER AN ORDINANCE AMENDING TITLE 16, CHAPTER 16 ENTITLED "CITY 09- ~f-33'~ UTILITIES" OF THE CITY CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 16-3B-10 ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE SCOTT PARK TRUNK SEWER PROJECT". (PASS AND ADOPT) Comment: The City Code authorizes the City to adopt and implement, following public hearing, project specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities. The proposed ordinance will adopt atap-on fee for the cost associated with the construction of the Scott Park Trunk Sewer to serve the east area of Iowa City. Action: Apri16, 2009 City of Iowa City Page ITEM 14. CONSIDER A RESOLUTION ADOPTING THE IOWA CITY PARKS, RECREATION AND TRAILS MASTER PLAN FINAL REPORT AND EXECUTIVE SUMMARY Comment: The Parks and Recreation Commission and staff recommend the adoption of the Iowa City Parks, Recreation and Trails Master Plan Final Report and Executive Summary developed by GreenPlay, LLC. The Parks and Recreation Commission reviewed and adopted the proposed Master Plan at their meeting of March 11, 2009. This plan is the result of one and a half years of work with the community, commission and council and has recommended a set of long term and short term goals for the department. Council received copies of the Master Plan at their January 28, 2009 Council Meeting. Draft minutes included in Council's information packet. Action: ITEM 15. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY o ., „~ CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY 'VIEW PARTNERS, AND TENANT ETRE RESTAURANT GROUP L.L.C., D/B/A TAKANAMI, FOR A SIDEWALK CAFE. Comment: University View Partners, as landowner, and Etre Restaurant Group L.L.C., d/b/a as Takanami, seek 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. Action: ITEM 16. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC p 9 - JD.~ RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER HAYWOOD ` _ BELLE, ET AL, AND TENANT SHORT'S BURGER & SHINE L.L.C., D/B/A SHORT'S BURGER 8~ SHINE, FOR A SIDEWALK CAFE. Comment: Haywood Belle, et al, as landowner, and Short's Burger & Shine L.L.C., d/b/a as Short's Burger & Shine, seek a license agreement for temporary use of public right-of-way at 18 S. Clinton 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: ° w April 6, 2009 City of Iowa City Page 10 ITEM 17. CONSIDER A RESOLUTION DIRECTING SALE OF NOT TO EXCEED $10,300,000 o~ ~ ~~ ~ SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009A. Comment: Bids were received at 10:00 a.m. on April 6, 2009, for the sale of $10,300,000 Sewer Revenue Refunding Capital Loan Notes. This resolution ratifies and confirms the actions of the City Clerk and Finance Director in the determination of the most favorable bid. Action: ITEM 18. CONSIDER A RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING SEWER REVENUE BONDS, SERIES 2000, OF THE CITY OF IOWA ~'" ~~ 7 CITY, IOWA, DATED OCTOBER 1, 2000, AND DIRECTING NOTICE BE GIVEN. Comment: See above. Action: ITEM 19. CONSIDER A RESOLUTION DIRECTING SALE OF NOT TO .EXCEED $11,000,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 20096. ~ 09' ~~~~ Comment: Bids were received at 10:00 a.m. on April 6, 2009, for the sale of $11,000,000 Water Revenue Refunding Capital Loan Notes. This resolution ratifies and confirms the actions of the City Clerk and Finance Director in the determination of the most favorable bid. Action: ITEM 20. CONSIDER A RESOLUTION AUTHORIZING THE REDEMPTION OF g~ ~.4~ OUTSTANDING WATER REVENUE BONDS, SERIES 2000, OF THE CITY OF IOWA i CITY, IOWA, DATED DECEMBER 1, 2000, AND' DIRECTING-NOTICE BE GIVEN. Comment: See above. Action: April 6, 2009 City of Iowa City Page 11 ITEM 21. CONSIDER A RESOLUTION APPROVING THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR ~9- /i C THE WATER WORKS PRAIRIE PARK SCULPTURE AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. (DEFERRED FROM 3/24j Comment: The Public Art Advisory Committee has been working with Dale Merrill of Liberty Iron Works, Mt. Vernon, Iowa to create a sculpture for the Water Works Prairie Park located in the Sculpture Meadow area of the park. The Iowa City Council approved an original agreement at its March 10 City Council meeting that accepted Mr. Merrill's sculpture proposal, but in light of the recent financial recession and resulting City budget constraints, the City and Mr. Merrill have agreed to defer the timing of the construction and installation of the art work for up to two (2) years, to April 8, 2011, have also agreed to terms and conditions for termination of the original agreement and have agreed to compensation to Mr. Merrill, if, in the sole determination of the City, the Agreement for the art work is terminated. If the project is not constructed, Mr. Merrill will be compensated by two separate fiscal year payments of $5,000 to reflect his efforts to date. If the project is constructed, those sums will go toward the total purchase price of $80,000. _ ~~ ~%~~ _ n Action: ITEM 22. CONSIDER A RESOLUTION APPROVING SETTLEMENT OF CLAIM. oq~ ~~~ ' Comment: This Resolution will confirm and ratify a proposed settlement agreement which is scheduled for discussion during the executive session scheduled for Monday, April 6, 2009. Action: ITEM 23. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. a) Airport Zoning Brd of Adjustment -One vacancy to fill afive-year term January 1, 2009 -December 31, 2013. (Term expires for Dennis Keitel) (2 males and 0 females currently serve). .~ b) Appeals, Board of -One vacancy to fill afive-year term January 1, 2009 - December 31, 2013, one for a Mechanical Professional. (Term expires for Tim Fehr) (5 males and 1 female currently serve). _ April 6, 2009 City of Iowa City Page 12 ITEM 24. ANNOU CEMENT 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 afive-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) Youth Advisory Commission -One vacancy to fill atwo-year term One (1) person -Tate High January 1, 2009 -December 31, 2010. (3 males and 3 females currently serve) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MAY 13, 2009. New: ,~ / d) Human Rights Commission -One vacancy to fill an unexpired term, effective /~'~ upon appointment, ending January 1, 2010. (Joy Kross resigned) (4 males and 4 females currently serve). See correspondence included in Council acket. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MAY 13, 20 9. ITEM 25. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 26. CITY COUNCIL INFORMATION. c) Senior Center Commission -One vacancy to fill athree-year term January 1, 2009 -December 31, 2011. (Term expires for Robert Engel, David Gould) (3 males and 2 females currently serve). See correspondence included in Council April 6, 2009 City of Iowa City Page 13 ITEM 27. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. b) City Attorney. ~ Q -~ c) City Clerk. ~ Q r ITEM 28. ADJOURNMENT SiD ~-~