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HomeMy WebLinkAbout2009-06-16 AgendaSubject 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 Regular Formal dune 16, 2009 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street ITEM 1 ITEM 2. ITEM 3. ITEM 4. CALL TO ORDER. ~y) ~Q 4 Lp~ ROLL CALL. "~~~~ -' -~®~~~ C.IyT 0 IOWA CITY www.icgov.org f~n~c~ ~Ll~rtz° PROCLAMATIONS. a) Pride Month -June 2009 ~~ ~dk~~"~`" i) %~~~~~~ b) elay for Life -June 15-20, 2009 ^p ~ U( PRESENTATI Orh_ J ) ~/~~~~~~ ~;~~ a) Public Library Friends Foundation ~ //~~~~ ,.~~ .~ CONSIDER A OPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a) Approval of Council Actions, subject to corrections, as recommended by the City Clerk. 1. May 26, Special Council Work Session 2. May 28, Special Council Work Session 3. June 1, Regular Council Work Session 4. June 2, Regular 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. Airport Commission: April 16, 2009 2. Airport Commission: May 6, 2009 3. Senior Center Commission: April 28, 2009 4. Senior Center Commission: April 21, 2009 5. Historic Preservation Commission: May 14, 2009 6. Parks & Recreation Commission: April 8, 2009 7. Youth Advisory Commission: May 3, 2009 8. Youth Advisory Commission: April 23, 2009 9. Youth Advisory Commission: April 5, 2009 10. Police Citizens Review Board: May 26, 2009 June 16, 2009 City of Iowa City Page 2 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class C Liquor License for Los Cocos, Inc., dba Los Cocos, 1921 Keokuk St. (6 month) CONSIDER A MOTION GRANTING A SIX (6) MONTH CLASS C LIQUOR LICENSE TO LOS COCOS, INC., D/B/A/ LOS COCOS, CONSISTENT WITH THE AGREEMENT REACHED BETWEEN LOS COCOS AND THE IOWA CITY POLICE DEPARTMENT. Comment: The Police Department has experienced frequent problems emanating from Los Cocos bar. Because of these problems, the Police Department is not willing to recommend approval of a twelve (12) month license for Los Cocos. However, Police Department command staff met with the City Attorney's Office to discuss the problems, and how to address them. The result of that staffing, and a meeting with Los Cocos ownership, was an Agreement made between the Police Department and Los Cocos on how to work toward reducing or eliminating those problems. With the Agreement in place, the Police Department is willing to recommend approval of a six (6) month license for Los Cocos, during which time progress will be assessed. 2. Class C Beer Permit for Walgreen Company, dba Walgreens #5077, 2214 Muscatine Ave. Renewal: 3. Class C Liquor License for David L. Alberhasky dba Dave's Foxhead Tavern, 402 E. Market St. 4. Class C Liquor License for Dublin Underground, Inc., dba Dublin Underground, 5 S. Dubuque St. 5. Class E Liquor License for Iowa CVS/Pharmacy, LLC, dba CVS/Pharmacy #8547, 2425 Muscatine Ave. 6. Class E Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St. ~~, / ~ ~ 7. Resolution to issue Cigarette Permits. 8. Resolution to issue Dance Permit to Los Cocos, Inc., dba Los Cocos, - °9" ~4~ 1921 Keokuk St. d) Public Hearings. 1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR ,~ oq - aot~ JUNE 30, 2009 TO CONSIDER A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR LOT 1 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY. Comment: The University of Iowa would like to purchase Lot 1 at Aviation Commerce Park to construct a hangar facility for the University of Iowa Hospitals and Clinics Airfare helicopters and pilots. The proposed sale price ($225,000) is the listing price. The Airport Commission will consider the offer and make its recommendation to Council on June 18. June 16, 2009 City of Iowa City Page 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON a9 - oZ~( JUNE 30, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 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 will install durable pavement markings on Benton Street from Orchard Street to Capitol Street and on Clinton Street from Burlington Street to Jefferson Street. This project will also install continental crosswalk markings at various intersections in the Central Business District and at School Crossings. The funding source is Road Use Tax. The estimated cost is $175,000. e) Correspondence. 1. Barb Stellmach: Panhandlers [s-~~,~~ ACS f °~ S~ ~ ~~~~a ~~~] 2. Animal Shelter: Susan Graves, Kassi Helmold, Benjamin Ryan, James Tran 3. Alcohol: Allison Gieswein, Philip Riley 4. Lily Doershuk: Parking fees for lifeguards at the Robert A. Lee Recreation Center LS~-~~-F rasp o~.S~ ''~c,~v~ec~ 5. Brian Gullickson: Funding for Habitat for Humanity 6. Deb Thornton: Bleachers at the soccer complex 7. Russell Haught: Budget concerns 8. Steve Rudin: Metro Bike Trail 9. Chickens: Elizabeth Cummings, Elizabeth Pusack [staff responses included] 10. Elias Zaharias: Greg Roth 11. Jerry Raaz: Development Ls+~~~ r~i ~ ° :, s ~ ~ ~~~~~, ~~ 12. Annie Tucker: FBI infiltration 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. I June 16, 2009 City of Iowa City ITEM 6. PLANNING AND ZONING MATTERS. AMENDING TITLE 14, ZONING, ADDING A BUSINESS SERVICES LAND USE CATEGORY, MODIFYING THE STREET WIDTH STANDARDS FOR INSTITUTIONAL USES IN RESIDENTIAL ZONES, AND CLARIFYING APPLICABLE REGULATIONS TO AND ALLOW MINOR MODIFICATIONS TO SITE DEVELOPMENT STANDARDS IN THE PUBLIC ZONE. Comment: At its May 21, 2009 meeting, by a vote of 5-0 (Busard & Plahutnik absent), the Planning and Zoning Commission recommended approval of this ordinance. Staff recommended approval in a report dated May 15. Approval will add a Business Services land use category, modify the street width standards for institutional uses in residential zones, and clarify applicable regulations to and allow minor modifications to site development standards in the Public Zone. These zoning code amendments are intended to correct or clarify provisions that have proved problematic. a) PUBLIC HEARING Action: ~ l9'~~ C~ ~-G~[~'~C1 Page 4 b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ~~ ~~I,U .S~-l'. .~ ~~ ITEM 7. APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON / US HWY 6 BRIDGES FLOOD REPAIR PROJECT [ER-3715(641) -- 8R-52 8~ ER-3715 (642)--8R-52], 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 includes repair of flood damaged infrastructure under the Burlington Street (westbound) Bridge and the US Hwy 6 Bridge. The project will include installation of stone revetment to protect the bridge abutment, replacement of retaining wall, replacement of wood guard fence and debris cleanup and seeding. The estimated construction cost is $76,703 and will be funded with $74,056 in Federal Funds and the remainder in Road Use tax proceeds. a) PUBLIC HEARING Action: pf~~ ~p a,, b) CONSIDER A RESOLUTION ,.. Action: June 16, 2009 City of Iowa City Page 5 ITEM 8. APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERSIDE DRIVE FLOOD REPAIR PROJECT [ER- 3715(638)--8R-52], 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 includes repair of floo Riverside Drive. The project will include flushing pavement repair along N. Riverside Drive between estimated construction cost is $34,892 and will be Funds and the remainder in Road Use tax proceeds. a) PUBLIC HEARING Action: d damaged infrastructure along of storm sewer facilities and Hwy 6 and Park Road. The funded with $27,914 in Federal pg _ oZO~ b) CONSIDER A RESOLUTION Action: ITEM 9. CONSIDER A RESOLUTION APPROVING THE PLANS AND BUDGET FORA 50/50 COST-SHARE PROJECT WITH DAVIDSON HOTELS TO IMPROVE AND `p~-- a,p ~- ENHANCE THE PUBLIC ACCESS EASEMENT FOR THE EXTERIOR WALKWAY CONNECTING THE CITY PLAZA TO DUBUQUE STREET AT THE SHERATON HOTEL. Comment: The Staff Design Review Committee (SDRC) reviewed and approved designs and revisions to plans for the enhancement of the exterior walkway on the public access easement on the west side of the Sheraton Hotel. SDRCs approval preceded the City Council Economic Development Committee's vote (3 - 0) on May 27, 2009, to recommend approval of the design to the City Council. Draft minutes of that meeting are included in your Information Packet. Due to the City and the Sheraton owner equally sharing the costs of these improvements, the cost of the improvements will be publicly bid and a budget created after the bids are received. Upon completion of these exterior improvements, the City will issue the hotel a revocable license to a portion of the interior easement, allowing the hotel to reduce the interior passageway from 25 to 12 feet in width and exclusively occupy the former passageway area. The revocable license also removes the hotel's obligation to provide access 24/7 through the interior, allowing the hotel to control access between the hours of 11 pm and 6 am. Staff memorandum included in Council packet. Action: a ~s Q // ~ ~~ / 1~ ~/(~,r P~ June 16, 2009 City of Iowa City Page ITEM 10. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY/SHERATON HOTEL PEDESTRIAN WALKWAY IMPROVEMENT 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: The project will involve improving the exterior pedestrian access easement located at 210 South Dubuque Street, west and south of the Sheraton hotel building. The work includes demolition of the existing walkway and features, and installation of new concrete paving, new and additional lighting, architectural and landscaping elements, and way-finding signage. The estimated cost is $249,500 and the funding for this project is split 50/50 between the Sheridan Hotel and the City. The City share will be paid from TIF increment revenues in the City University 1 district. a) PUBLIC HEARING Action: _ oq - ao5 ~ b) CONSIDER A RESOLUTION Action: ~ ` i~ ~~ ~~ ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 1, ADMINISTRATION, CHAPTER 4, GENERAL PENALTY, SECTION 1, VIOLATIONS; CRIMINAL PENALTY, AND TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 9, VIOLATION OF VARIOUS CODE SECTIONS. (FIRST CONSIDERATION) Comment: The maximum penalty for a simple misdemeanor that a city can impose is regulated by the State. In recent years, the State changed the maximum penalty allowed to be imposed from $100 to $500, and City Code was amended in 2001 to reflect that increase. Recently, however, the State amended Iowa Code Section 364.3(2) to empower cities to impose the same maximum fines for simple misdemeanors as the State, instead of setting a specific limit. The maximum criminal penalty under Iowa Code Section 903.1 (1)(a) is now set at $625. Staff recommends this amendment to align the maximum criminal penalty for simple misdemeanors under City Code with the State code and to reflect this alignment in both sections of the City Code that reference penalties for simple misdemeanors. This amendment will also L allow the City to keep pace with any future increases of the maximum penalty by the State without further City Code amendments. ~ Action: June 16, 2009 City of Iowa City Page ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 1, CHAPTER 9, SECTION 3, ENTITLED "ELECTION PRECINCTS" OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA BY AMENDING THE BOUNDARY OF VOTING PRECINCT 12 TO REFLECT A BOUNDARY CHANGE TO THE CORPORATE LIMITS OF IOWA CITY. (FIRST CONSIDERATION) Comment: With the recent annexation of property located adjacent to 420th Street and the Iowa Interstate Railway, changes are necessary to Voting Precinct 12. Since the land that was annexed is undeveloped farmland, residents will be unaffected by this chancre. Action: ITEM 13. CONSIDER AN ORDINANCE AMENDING TITLE 8, CHAPTER 5, SECTION 1, ENTITLED "DISORDERLY CONDUCT" TO INCLUDE FIGHTING OR VIOLENT O~_ y-/ ~- ~• BEHAVIOR IN THE DESCRIPTION OF DISORDERLY CONDUCT. (SECOND CONSIDERATION) Comment: The current Iowa City ordinance prohibiting disorderly conduct does not include a prohibition on engaging in fighting or violent behavior. This proposed ordinance amendment adds such behavior to the description of disorderly conduct, thereby making such behavior a simple misdemeanor under the local code. By adopting this amendment, the City's ordinance will more closely mirror the state's regulation of disorderly conduct. Staff requests expedited action. Action: n ~~ ~O ~ /v ITEM 14. CONSIDER AN ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND °~ "~r3''~"3 - PENALTIES, SECTION 8, PARKING VIOLATIONS, TO AMEND PARKING FEES, RATES, AND FINES. (SECOND CONSIDERATION) Comment: This ordinance as amended during the June 2, 2009 Iowa City City Council Meeting includes increases in monthly parking permit rates as well as parking citation fines. Parking meter rates will remain unchanged. These changes would be effective July 1, 2009. The increases in parking citation fines are a component of the proposed plan to minimize congestion in downtown Iowa City. The increase in monthly parking permit rates would result in a rate of $80.00 per month at the Capitol Street, Dubuque Street and Tower Place parking facilities. Parking permit rates at the Chauncey Swan and Court Street Transportation Center facilities will increase to $70.00 per month July 1, 2009 and $80.00 per month July 1, 2010. Correspondence included in Council packet Staff requests expedited action. ~~ ~:~ c M4~ ~ ~~1~'~u~~z ~~li l6ur~t~ ~~~~~ ,~~ 1~~~ ~ ~`~ ~~~~s June 16, 2009 City of Iowa City Page 8 ITEM 15. CONSIDER AN ORDINANCE AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING AND IMPOUNDMENT PROCEDURES, SECTION 4, IMPOUNDMENT FOR ACCUMULATED PARKING VIOLATIONS, SUBSECTION A: b~-''~3'~~- DETERMINATION OF TOWING AND IMPOUNDMENT, TO COUNT RAMP CHARGES AND VEHICLE UNLOCK FEES TOWARD THE $50 "TOW THRESHOLD AMOUNT", AND TO ELIMINATE THE REFERENCE TO AT LEAST FIVE (5) PARKING TICKETS; AND TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 1: DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS, SECTION 1: DEFINITIONS, TO INCLUDE DEFINITIONS OF "RAMP CHARGES" AND "VEHICLE UNLOCK FEE." (SECOND CONSIDERATION) Comment: Currently City Code allows for the towing and impoundment of a vehicle after it has accumulated (5) or more parking tickets or $50 or more in accumulated parking violations, but does not currently count ramp charges or vehicle unlock fees toward the tow threshold which means that a vehicle can not be towed no matter how much is owed in ramp charges or vehicle unlock fees. This ordinance will define "Ramp Charges" and "Vehicle Unlock Fee" and provide the ability to collect from those that owe the City more than $50 in these vehicle related charges. Staff requests expedited action. , Action: ~/~ lCV'rt 'v ~->~ ' ~~ ~~ ~~(~ u~' .~~ ~ UlI~ ' ITEM 16. CONSIDER AN ORDINANCE AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING REGULATIONS, SECTION 6, PARKING IN o~ _ ~Jp ~r, ALLEYS: SUBSECTION 6, ALLEYS IN COMMERCIAL DISTRICTS: PARAGRAPH 2, TO LIMIT PARKING IN AN ALLEY TO TEN (10) MINUTES. (SECOND CONSIDERATION) Comment: Currently City Code allows fora (10) minute parking time limit in alleys for vehicles, unless they are there to "load or unload goods, wares and merchandise for any business establishment abutting the alley" and this has in effect lead to the abuse of these parking privileges by vehicles remaining in the alleys far longer than necessary to accomplish their loading or unloading. Staff recommends that all parking in alleys be limited to (10) minutes. Staff requests expedited action. Action: ~ ~~ _ a`Z ~ June 16, 2009 City of Iowa City Page 9 ITEM 17. CONSIDER AN ORDINANCE AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING REGULATIONS, SECTION 1, PARKING PROHIBITED IN SPECIFIED PLACES, SUBSECTION A, PARAGRAPH 6, AND TITLE b9" ~'~~ 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING REGULATIONS, SECTION 7: VEHICLES ON PARKING AREA, SUBSECTION B: STANDARDS, PARAGRAPH 3, SUBPARAGRAPH C, TO CHANGE THE PARKING RESTRICTION FROM WITHIN FIVE FEET (5') OF A FIRE HYDRANT TO THE FIVE FEET (5') OF CURB SPACE IN FRONT OF THE FIRE HYDRANT. (SECOND CONSIDERATION) Comment: Currently City Code prohibits parking "within five feet (5') of a fire hydrant" allowing the adjacent curb space to be entirely blocked by a legally parked vehicle if the fire hydrant is at least five feet (5') from the curb and inhibiting the fire department in its access to such a hydrant with no legal remedy to force vehicles to be removed as needed. The Fire Department requests and recommends this amendment to prohibit vehicles from parking in front of fire hydrants. Staff requests~pedited action. Action: ( / 5 ~ ~ ITEM 18. CONSIDER AN ORDINANCE AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 5, PARKING METER ZONES AND PARKING LOTS, SECTION ~9 -'~'3'`f~Z 6, PENALTIES; PARKING TICKETS: BY ADDING SUBSECTION D, RETURNED CHECKS:, TO ALLOW FOR THE RECOUPMENT OF FINANCIAL PENALTIES AND ADMINISTRATIVE COSTS UPON THE RETURN OF ANY CHECK OR AUTOMATIC BANK DEBIT. (SECOND CONSIDERATION) Comment: The City currently incurs financial penalties and administrative costs upon the City's deposit of non-sufficient-fund checks or automatic bank debits in payment for parking fees; charges, fines, and penalties. The City charges a fee (currently $15.00) for all returned checks or automatic bank debits for water service, but not for parking costs. Staff recommends that the same fees be charged for any checks or debit payments of parking fees, fines, charges or penalties which are returned for any reason to the City from the financial institution from which it is written to establish a level of recovery uniform with the City Water Division. Staff requests expedited action. -~ Action: I / 5 - June 16, 2009 City of Iowa City Page 10 ITEM 19. CONSIDER AN ORDINANCE AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING AND IMPOUNDMENT PROCEDURES, SECTION 1, `~o) ~ ~L,3 ~-$ TOWING AND IMPOUNDMENT OF ABANDONED VEHICLES; NOTICES, SUBSECTION A, TOWING AND IMPOUNDMENT AUTHORIZED:, TO AMEND THE NOTICE REQUIREMENT FROM SEVENTY-TWO (72) HOURS TO TWENTY-FOUR (24) HOURS BEFORE TOWING VEHICLES FROM CITY-OWNED PARKING RAMPS. (SECOND CONSIDERATION) Comment: City Parking staff have encountered an increasing number of vehicles being stored long-term in City-owned ramps, preventing others from using the spaces for short- term parking, as intended. Current City Code prohibits parking in a City-owned or operated lot or ramp for more than 24 hours, however it also requires notice to the vehicle owner of at least 72 hours before towing. Staff recommends that the notice be changed, so that a vehicle that has been parked illegally in excess of 24 hours may be towed and impounded after a 24 hour notice which would allow increased availability of parking in ramps. Staff requests expedited action. ~~ -, Action: 1 / ~ ~~-z~ ITEM 20. CONSIDER AN ORDINANCE AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING AND IMPOUNDMENT PROCEDURES, SECTION 4, bq - '`}-3~~ IMPOUNDMENT FOR ACCUMULATED PARKING VIOLATIONS:, SUBSECTION 6, NOTICE OF TOWING AND IMPOUNDMENT; HEARING:, TO ELIMINATE THE REQUIREMENT THAT THE VEHICLE BE IN VIOLATION OF PARKING REGULATIONS AT THE TIME OF TOWING OR IMPOUNDMENT AND STREAMLINE NOTICE PROVISIONS. (SECOND CONSIDERATION) Comment: Currently City Code requires that in order for a vehicle to be towed and impounded, the vehicle must be in violation of Iowa City parking regulations at the time of towing. Staff recommends that a vehicle with an accumulation of (5) parking tickets or $50 in outstanding parking fines be allowed to be towed if found on a public street or in a public parking lot even if not in violation of any parking regulations at the time. Staff also recommends that the Notice of towing procedures be on every ticket thereby eliminating the requirement of mailing a separate notice. Staff requests expedited action. Action: ~/ -5 ' ~~ June 16, 2009 City of Iowa City Page 11 ITEM 21. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2010 AGREEMENT BETWEEN THE CITY OF IOWA OQ ~ a0(v CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Comment: This resolution approves the FY2010 agreement for Iowa City Transit to provide transit service within the corporate limits of University Heights. The level of transit service provided will remain the same as in FY2009. The proposed FY2010 contract amount of $32,310 is an increase from the FY2009 amount based on the National Consumer Price Index, and is an increase of 1.8%. University Heights approved this agreement at their May 12, 2009 council meeting. Action: a~ ITEM 22. CONSIDER A RESOLUTION AUTHORIZING AND DESIGNATING THE CITY LANDFILL SUPERINTENDENT OR DESIGNEE TO SUBMIT THE CITY OF IOWA p9 -- ao7 CITY'S APPLICATION FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS TO CREATE AN ENERGY CONSERVATION PROGRAM. Comment: This resolution authorizes the use of grant funds set-aside for Iowa City by the Department of Energy as part of the federal stimulus program to implement energy conservation initiatives. See cover memo attached for more background information. Action: ITEM 23. CONSIDER A RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE Oq - ao ~ PENINSULA PARK SCULPTOR'S SHOWCASE. Comment : The Iowa City City Council approved the concept of the Peninsula Park Sculptor's Showcase on November 4, 2004 by Resolution No. 04-306. This showcase, a concrete pad located adjacent to the Iowa River Dam Pedestrian Bridge in Iowa City allows the opportunity for art students to display their work to the public for a year. The artist receives a $500 honorarium for their participation. A contract has been negotiate with Jason Messier for display of his work "Simple Flight" from September 1, 2009 to August 31, 2010. Funding for this is in the FY09 budget. Action: r//l ~-i~,~~~ ~ ~ ~~~ June 16, 2009 ITEM 24. d9 -ao9 ITEM 25. 09- ~o ITEM 26. 05 - ~~ 1 City of Iowa City Page 12 CONSIDER A RESOLUTION APPROVING A PURCHASE AGREEMENT FOR 1807 LOWER MUSCATINE ROAD, IOWA CITY, JOHNSON COUNTY, IOWA. Comment: The property located at 1807 Lower Muscatine Road, Iowa City, Iowa, recently came on the market for sale. This property will be significantly impacted by the Lower Muscatine Road Reconstruction Project as we realign the Sycamore St & Lower Muscatine Rd intersection. Although the City has not yet begun the property acquisition phase of this project, Staff believes the acquisition of this property is in the public interest at this time since it is being voluntarily listed on the market. To avoid jeopardizing the federal funds for this project, we've asked the owner to voluntarily dedicate the right-of- way necessary for the project on the condition that we, the City, acquire the remaining land at fair market value. This purchase agreement anticipates paying $155,000, which is the asking price for the home. Funding will come out of the Project CIP Budget. Prior to the commencement of this project, Staff anticipates leasing out the home through the Housing Authority. Action: CONSIDER A RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2010. approved by Council on March 24, 2009. Comment: This is a one-year agreement for Fiscal Year 2010. It provides fora 3.1 wage increase and adjustments to the clothing and equipment allowances and to special duty pay for field training officers. It also provides for an increase in each officer's payment toward their family health insurance premium and includes amendments to the grievance procedure. A tentative agreement was previously Action: CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN' THE CABLE TELEVISION DIVISION OF THE ADMINISTRATIVE OFFICES DEPARTMENT BY INCREASING THE POSITION OF CABLE TV ADMINISTRATOR FROM .75 FULL TIME EQUIVALENT (FTE) TO ONE (1) FTE. Comment: This position was reduced to .75 time in the past to accommodate the wishes of the Cable TV Administrator. This position will become vacant on June 27 with the retirement of the Cable TV Administrator. It is desirable at this time to return this position to a full time status to enhance the overall administrative function within the division. Sufficient funding is available in the FY10 Budget. Action: ~~« ~,~y~~~ ~~~, ~. /i ~~Yr~~~f ,,~~ .. June 16, 2009 City of Iowa City Page 13 ITEM 27. CONSIDER A RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF pR _ aka. 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. Action: ri ~ ~ ~ ~~ r1 ITEM 28. 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) Historic Preservation Commission - One vacancy for a Longfellow Representative to fill an unexpired term, effective upon appointment, ending March 29, 2011. (Carl Hirschman resigned) (4 males and 5 females currently serve). b) Library, Board of Trustees -Three vacancies to fill six-year terms July 1, 2009 -July 1, 2015. (Term expires for Linzee Kull McCray, Thomas Dean, William Korf) (4 males and 2 females currently serve). c) Telecommunications Commission -One vacancy to fill an unexpired term, effective upon appointment, ending March 13, 2012. (Brett Gordon resigned) (3 males and 1 female currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 24, 2009. June 16, 2009 City of Iowa City Page 14 ITEM 29. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. a) Airport Zoning Brd of Adiustment -One vacancy to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011. (Carl Williams resigned) (2 males and 0 females currently serve). b) Airport Zoning Brd of Adiustment -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). c) 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). d) Board of Adiustment -One vacancy to fill an unexpired term, effective upon appointment, plus afive-year term ending January 1, 2015. (Ned Wood resigned) (2 ma es and 2 males Curren serve). S~-~~ . e) Appeals, Board of - ne vacancy to fill afive-year term Ja ary 1, 2009 - / -~ December 31, 2013, one for a Mechanical Professional. (Term expires for Tim ~,,~~, Fehr) (5 males and 1 female currently serve). W~ ~ b Youth Adviso Commission -One vacancy to fill atwo-year term rY One (1) person -Tate High January 1, 2009 -December 31, 2010. (3 males and 3 females currently serve) ITEM 30. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 31. CITY COUNCIL INFORMATION. ~~~ ~~~~ June 16, 2009 City of Iowa City Page 15 ITEM 32. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. ~ ~ b) City Attorney. ~~ / c) City Clerk. ~ ~ / ITEM 33. ADJOURNMENT TO EXECUTIVE SESSION (Continue evaluation of City Clerk and City Attorney, if necessary) ~~ ~ . /~~ ~.®`S