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HomeMy WebLinkAbout2004-05-18 Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. :[owa City City Council Agenda CITY OF IOWA CITY Regular Formal May 18, 2004 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street www.icgov.org ITEM 1. CALL TO ORDER. ~ 1L~~ ROLL CALL. f~(/ ~ ITEM 2. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR )/~~ AMENDED. /d ~.~ A I f IA t b tt t d b a. pprova o Counci c ions, su jec o correc ions, as recommen e y the City Clerk. 1 ) May 3, Special Council Formal Official and Complete 2) May 3, Regular Work Session 3) May 4, Regular Council Formal Official and Complete b. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). 1) Planning and Zoning Commission: April 15, 2004 Recommendation: REZ04-00007, an application for rezoning from RDP, Research Development Park, to CO-1, Office Commercial, for 35.05- acres of property located on the eastern portion of Northgate Drive subject to a Conditional Zoning Agreement requiring a 1-acre minimum lot size for the property and the parkway and wide sidewalk system laid out for Northgate Corporate Park being maintained. Recommendation: SUB04-00008, a final plat of Wild Prairie Estates, Part 5, a 25.79-acre, 34-1ot residential subdivision located at Wild Prairie Drive and Prairie Grass Lane subject to Staff approval of legal papers and construction drawings prior to City Council consideration. Recommendation: SUB04-00009, a final plat of Sand Hill Estates, Part 1, a 59.33-acre, 56-1ot, single-family residential subdivision, subject to Staff approval of legal papers and construction plans, and landscaping for Outlot E, prior to City Council consideration. Recommendation: Section 10 of the Planning and Zoning Commission By Laws be forwarded to the Rules Committee of the City Council for consideration of the proposed revisions as shown in Staff's Memorandum dated 4/9/04. May 18, 2004 City of Iowa City Page 2 2) Telecommunications Commission: March 22, 2004 3) Planning and Zoning Commission: April 1, 2004 Recommendation: Final plat for SUB04-00001, an item submitted by James Davis for the J JR Davis Addition, a 26.98-acre, 8-Lot commercial subdivision located west of Mormon Trek Boulevard, south of Hwy 1. 4) Civil Service Commission: April 29, 2004 5) Potice Citizens Review Board: March 9, 2004 Recommendation: Accept PCRB Report on Complaint #03-13. 6) Public Art Advisory Committee: April 1, 2004 c. Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class B Wine Permit for Linn Street Caf6, Inc., dba Linn Street Caf6, inc., 121 N. Linn St. 2. Class C Liquor License for Grain Enterprises, LLC, dba Siren, 124 S. Dubuque St. Renewal: 3. Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss St. 4. Class C Liquor License for Linn Street Cafe, Inc/., dba Linn Street Cafe, Inc., 121 N. Linn St. 5. Class C Liquor License for Pershell Corp., dba Colonial Lanes, 2253 Highway 218 S. 6. Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 First Ave. S. 7. Class C Beer Permit for Nordstrom Oil Co., dba Dubuque Street HandiMart, 204 N. Dubuque St. 8. Class C Beer Permit for Suburban Investors L.C., dba Suburban Amoco, 370 Scott Court. d. Resolutions. (1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 1 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CLEAR CREEK TRAIL 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 includes extending the existing Clear Creek Recreation Trail along Hawkeye Park Drive from the existing University parking lots to Melrose Avenue. TO: Mayor, City Council, General Public FROM: City Clerk DATE: May 17, 2004 RE: Additions May 18 agenda ~'~-~E N T CALENDAR: ITEM 2e(3) Dog Park: Jeanne Nelson, Karen Fashimpaur, Oessica Jensen- "% k.. Arnold, Shannon Day ~ (15) Ashley Eivins, Co-chair Political CHILD (Children Helping Innocent ITEM 14b CONSIDER A RESOLUTION ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2005 FOR THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENTS TO THE CONTRACTS OF THE CITY MANAGER AND CITY ATTORNEY, AND CITY CLERK TO DELETE THE PROVISION ENTITLED "HOURS OF WORK". Comment: Council held executive session on May 14, 2004, to evaluate the City Manager, City Attorney, and City Clerk. As a result of that session, adjustments were made in compensation for those employees as outlined in the resolution. TO: Mayor, City Council, General Public FROM: City ~lerk DATE: May 2004 RE: 18 agenda ITEM 2e(3) Dog Nelson, pa_~ur, Jessica Jensen- Arnold (15) Ashley Eivins: ruination of, ~ild Labor ITEM 14b CONSIDER A RESOLUTION : UNCLASSIFIED SALARY )05 FOR THE CITY MANAGER, CITY ATTORNEY, , AND AUTHORIZING AND DIRECTING THE ~ CLERK TO EXECUTE AMENDMENTS TO THE OF THE CITY MANAGER AND CITY ATTORNEY, ( THE PROVISION ENTITLED "HOURS OF Comment: Council held May 14, 2004, to evaluate the City Manager, City and City As a result of that session, adj, made in for those employees as outlined in the resolutior May 18, 2004 City of Iowa City Page 3 (2) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 1 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF BENTON HILL PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project will result in the construction of a new 3.5-acre park south of Benton Street and west of Miller Avenue. Plans include trails, natural areas, open green space, a preschool playground, some other unique play apparatus, a small park shelter and fencing along the Benton Street side of the park. Several meetings were held to gain input from neighborhood residents in the planning process. 3) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HARTIG DRUG COMPANY, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2003) Comment: This Resolution accepts payment of a $300 civil penalty, authorized by Iowa Code section 453A.22(2), from Hartig Drug Company, 701 Mormon Trek Blvd. 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, Hartig Drug Company waives its statutory right to have a hearing on whether the civil penalty should be assessed. 4) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM WAL- MART (STORE NO. 1721), PURSUANT TO IOWA CODE SECTION 453A.22(2) (2003) Comment: This Resolution accepts payment of a $300 civil penalty, authorized by Iowa Code section 453A.22(2), from Wal-Mart (Store No. 1721), 1001 Highway 1 West. 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, Wal-Mart (Store No. 1721) waives its statutory right to have a hearing on whether the civil penalty should be assessed. May 18, 2004 City of Iowa City Page 4 E)z~_ jz~,g, 5) CONSIDER A RESOLUTION ACCEPTING USE OF SECTION 453A.22(4) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY SUBURBAN AMOCO - KEOKUK, 1905 KEOKUK STREET Comment: Iowa Code Section 453A.22(2) provides that a 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. Iowa Code Section 453A.22(4) provides an affirmative defense that, if established, prevents the civil penalty from being assessed, provided the retailer can demonstrate the employee who violated the law had received sufficient in-house tobacco compliance training. Suburban Amoco - Keokuk provided information to the Iowa Attorney General's Office that was sufficient to establish its entitlement to use of this affirmative defense. This Resolution accepts Suburban Amoco - Keokuk's use of the affirmative defense to avoid the civil penalty stemming from its employee's violation of Section 453A.2(1 ). It can use an affirmative defense to avoid such a civil penalty only once in a four-year period. ~Z~_ /'~ 6) CONSIDER A RESOLUTION ACCEPTING USE OF SECTION 453A.22(4) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY BO JAMES, 118 EAST WASHINGTON STREET Comment: Iowa Code Section 453A.22(2) provides that a 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. Iowa Code Section 453A.22(4) provides an affirmative defense that, if established, prevents the civil penalty from being assessed, provided the retailer can demonstrate the employee who violated the law had received sufficient in-house tobacco compliance training. Bo James provided information to the Iowa Attorney General's Office that was sufficient to establish its entitlement to use of this affirmative defense. This Resolution accepts Bo James use of the affirmative defense to avoid the civil penalty stemming from its employee's violation of Section 453A.2(1). It can use an affirmative defense to avoid such a civil penalty only once in a four-year period. ~- J~ 7) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE CITY PARK POOL FILTER RENOVATION PROJECT. Comment: On February 12, 2003, a contract was entered into with B.G. Brecke, Inc. of Cedar Rapids to replace the entire filtration system at City Park Pool. The total contract amount is $176,739.00; all work has been completed, all paper work has been submitted and all invoices have been paid, other than the retainage. May 18, 2004 City of Iowa City Page 5 ~ ~- I~-.~ 8) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM LOYAL ORDER OF MOOSE LODGE '1096, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2003) Comment: This Resolution accepts payment of a $300 civil penalty, authorized by Iowa Code section 453A.22(2), from Loyal Order of Moose Lodge 1096, 3151 Highway 6 East. 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, Loyal Order of Moose Lodge 1096 waives its statutory right to have a hearing on whether the civil penalty should be assessed. Dz~ ~ j~ ~ 9) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE 28-E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY PROVIDING FOR PRESERVATION OF THE OAKDALE BOULEVARD CORRIDOR. Comment: This agreement between the City of iowa City and Johnson County preserves the general corridor for the futura extension of Oakdale Boulevard between Dubuque Street and Scott Boulevard. The preferred alignment has been determined by an analysis of engineering, social, environmental, and cost factors. [Staff memo included in Council packet] 10) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SCOTT PARK TRUNK SANITARY SEWER PROJECT. Comment: This 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. 11) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR RECYCLING SERVICES WITH CITY CARTON COMPANY, INC. OF IOWA CITY, IOWA. Comment: The City has negotiated an agreement with City Carton to provide recyclin9 services to the City. Ma9azines, newsprint, and old corrugated containers will be accepted by City Carton at the negotiated rate contained within the contract. No compensation will be paid for mixed paper, plastic, tin or glass. This agreement is for a 3 year period with an option for a 2 year extension. [Staff memo included in Council packet] May 18, 2004 City of Iowa City Page 6 e. Correspondence. 1) JCCOG Traffic Engineering Planner: Installation of two NO PARKING BETWEEN SIGNS with ARROW signs. One sign will be placed approximately 20' north of the Water Division pump station driveway on Emerald St. The second sign will be approximately 20' to the south of the driveway to the Water Division pump station on Emerald St. 2) JCCOG Traffic Engineering Planner: Relocation of Iowa City Transit bus stop from the west side of intersection of ACT Circle/Iowa Highway I to the west side of the intersection of Iowa Highway l/Scott Boulevard. [Staff memo included] 3) Dog Park: Jane Kneedel, Denise Krutzfeldt, Kris Obssuth 4) Melissa Copeland: Concerns Regarding Public Transportation [Staff response included] 5) Rob Phipps: Franchise Agreement 6) Eric Kerchner: Receipt of Community Development Block Grant Funds 7) Charlotte Walker: Kurtus Miller Unsolved Murder Case-March 2000 [Staff response included] 8) Jeanna Boyes: Parking Situation in Iowa City 9) Megan Hichwa: 17 Year-Old Voting Permit [Staff response included] 10) United States Interagency Council on Homelessness: ICH E- Newsletter 11) Joshua Kirkpatrick: Proposal urging the study of the Thermal Conversion Process in the City's wastewater treatment process. 12) Second-Hand Smoke: Heidi Govekar, Patricia Santangelo 13) Patricia Santengelo: The Changing Face of Homelessness in Iowa 14), Keene Swett: Sidewalk Assessments [Staff Response Included] END OF CONSENT CALENDAR. ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. May 18, 2004 City of Iowa City Page 7 ITEM 4. PLANNING AND ZONING MATTERS. a. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JUNE 1 ON AN ORDINANCE REZONING APPROXIMATELY 8.07 ACRES FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) TO PLANNED DEVELOPMENT HOUSING OVERLAY-MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (OPDH-8) FOR PROPERTY LOCATED SOUTH OF WHISPERING MEADOWS AND WEST OF SADDLEBROOK. (REZ04-00008) Comment: At its May 6 meeting by a vote of 6-0 (Chait absent) the Planning and Zoning Commission recommended approval of the rezoning including the reduction of lot area and lot width shown on the plan. Staff recommend approval in a report dated May 6. Approval of this rezoning will allow the construction of Saddlebreok Meadows, Part 1, including 18-single-family home, 3 duplexes, 20 zero-lot line dwellings and 6 townhouses. Action: /_.~.~,../~ b. REZONING APPROXIMATELY 35.05 ACRES OF PROPERTY FROM RESEARCH DEVELOPMENT PARK ZONE, RDP, TO OFFICE COMMERCIAL ZONE, CO-1, SUBJECT TO CONDITIONS, FOR PROPERTY ALONG THE EASTERN PORTION OF NORTHGATE DRIVE IN NORTHGATE CORPORATE PARK. (REZ04-00007) Comment: At its April 15 meeting, by a vote of 6-0 (Shannon absent), the Planning and Zoning Commission recommended approval, subject to a minimum 1-acre lot size and preservation of an existing landscaped parkway easement along Northgate Drive. The rezoning would alter the permitted uses in this portion of Northgate Corporate Park, and would eliminate a 1989 Conditional Zoning Agreement on the property that affected how lots ara developed. Staff recommended approval in a report dated April 15. [Staff report included in Council packet] 1) PUBLIC HEARING Action: 2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)r-J May 18, 2004 City of Iowa City Page 8 c. CONSIDER AN ORDINANCE REZONING APPROXIMATELY 24.1 ACRES --z~l..).~ FROM INTERIM DEVELOPMENT RESIDENTIAL ZONE (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5), SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED ON SOUTH SYCAMORE STREET, EAST OF SOUTHPOINT SUBDIVISION. (REZ04-00002) (PASS AND ADOPT) Comment: At its March 4 meeting, by a vote of 6-0 (Freerks absent), the Planning and Zoning Commission recommended approval subject to conditions related to funding of future Sycamore Street improvements, access, and subdivision design considerations. Staff recommended approval in a memorandum dated February 27, 2004. This rezoning would allow the development of a single family subdivision. Action: ~ //~.~-~,~ ~P ~ ~ - Iz~ d. CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF GENERAL QUARTERS, IOWA CITY, IOWA (SUB04-00005) Comment: At its March 4 meeting, by a vote of 6-0 (Freerks absent), the Planning and Zoning Commission recommended approval of the preliminary plat. The preliminary plat is for a 29-1ot single family residential subdivision with access from Gable Street. Action: C~/~ '~ ITEM 5. APPROVING AMENDMENTS TO THE FY2004 OPERATING BUDGET. Comment: State legislation requires municipalities to amend their annual budgets no st later than May 31 . Included is supporting documentation available at the Library, Finance Department and City Clerk's office. a) PUBLIC HEARING Action: ,,~_g~. ~ / 0 z~- i %~ b) CONSIDER A RESOLUTION Action: May 18, 2004 City of Iowa City Page 9 ITEM 6. ASSESSING A $300.00 CIVIL PENALTY AGAINST PETRO & PROVISIONS, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2003) Comment: This hearing is the time designated for the Council to consider whether a Resolution should be adopted assessing the $300.00 civi~ penalty authorized by Iowa Code section 453A.22(2) against Petro & Provisions, 2 Escort Lane, Iowa City. 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 Petro & Provisions 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 pubtic comment. a) CONDUCT A HEARING Action: ~ .,~.,,¢~ / · - I,~ b) CONSIDER A RESOLUTION Action: / ITEM 7. CONSIDER AN ORDINANCE AMENDING TITLE 3, "Cl~ FINANCES, T~TION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, ~TES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CI~ CODE TO DECREASE WATER SERVICE CHARGES AND FEES IN IOWA CI~, IOWA AND TO INCREASE THE FEE ASSOCIATED WITH CHECKS RETURNED FOR INSUFFICIENT FUNDS (SECOND CONSIDERATION) Comment: This proposed ordinance will decrease water se~ice charges by 5%. The decrease is due to the bid for construction of the new water supply and treatment facility and distribution system being lower than projected. The effective date for billing reductions will be on or after July 1, 2004. Action: V~~t~~ ~~ . May 18, 2004 City of Iowa City Page 10 ITEM 8. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE O ~- I Sc~. WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT BY DELETING THE POSITION OF ELECTRONICS TECH-WATER AND ADDING A POSITION OF MAINTENANCE OPERATOR-WATER. Following an evaluation of the staffing needs of the Water Division it has been determined that the workload of the Division would be more efficiently handled by the addition of a Maintenance Operator position. To accomplish this change the position of Electronic Technician that is currently vacant will be eliminated. As a result of the elimination of the Electronic Tech position some electrical work will be outsourced. ITEM 9. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY I-~'_~ CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 8, 2004 TO JULY 15, 2004. Comment: This past winter Riverside Theatre approached the City about the possibility of selling beer and wine under limited circumstances in conjunction with the Riverside Shakespeare Festival performances and related events. On April 20, 2004, Council passed Ordinance No. 04-4123 that allows for the sale and consumption of alcohol in a city park, on a right-of-way, or other public ground, excluding public buildings, pursuant to a written agreement with the City. Staff has approved the agreement, which is attached to the resolution, that allows Riverside to sell beer and wine and for Riverside attendees to consume beer and wine from June 8 through July 15, 2004 in a specified area in and around Riverside Festival Stage in City Park. Action: ITEM 10. CONSIDER MOTION APPROVING TRANSFER OF LICENSE FOR RIVERSIDE THEATER FROM 213 N. GILBERT STREET TO RIVERSIDE FESTIVAL STA~E, LOWER CITY PARK. Comment: This motion transfers the Special Class C Beer/Wine license for the Shakespeare Festival, June 8 through July 15. Action: (4~ / ~ , May 18, 2004 City of Iowa City Page 11 ITEM 11. CONSIDER A RESOLUTION APPROVING DISTRIBUTION OF THE "PROGRAM FOR _ j ~z~ IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS. Comment: The City Council allocated $15,000 for Fiscal Year 2005 for the purpose of funding grants to neighborhood associations so they could make improvements in their neighborhood. The Neighborhood Council has solicited, selected and recommends the funding of five applications from neighborhood associations and seeks the City Council's review and approval of this recommendation. Action: ~z--'~'~-¢¢'~/..,.,. 2/,i~Z~J~,'.,2 ITEM 12. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY o~-- I~--~ CLERK TO A'I-I'EST THE SECOND AMENDMENT TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETVVEEN THE CITY OF IOWA CITY AND DEVELOPER MGD, L.C. FOR THE REDEVELOPMENT OF SYCAMORE MALL Comment: In September, 2000, the City and MGD, L.C. entered into an agreement for the private redevelopment of Sycamore Mall that provided for the use of Tax Increment Financing to support tax rebate grants to the developer on certain improvements as economic incentives for redevelopment of the mall. The agreement requires the City's consent on transfers of ownership of the mall. Under the First Amendment, the City consented to the transfer of ownership of the mall out of the original limited liability company and into individual limited liability companies owned by the original members as tenants in common. One of the existing members now wishes to sell and transfer its ownership to the remaining members of MGD, L.C. (or entities controlled by those members) and the City Council's consent is required for this transaction.. This Resolution authorizes the Mayor to sign and the City Clerk to attest the Second Amendment to the Agreement for Private Redevelopment between the City and MGD, L.C., granting City consent for the above-described ownership transfer. Action: ITEM 13. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE /c~ MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BROOKLAND PARK SEWER SEPARATION PROJECT. Comment: Bids for this project were opened on Wednesday, May 12th and the following bids were received: All American Concrete, Inc. West Liberty, IA $104,723.00 Streb Construction Co., Inc. Iowa City, IA $118,415.40 Bill Whitters Construction Swisher, IA $139,620.25 Engineer's Estimate $120,000.00 Public Works and Engineering recommend award of the contract to All American Concrete, Inc. of West Liberty, Iowa. The project will be funded with Wastewater revenue proceeds. May 18, 2004 City of Iowa City Page 12 ITEM 14. ~ CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR oA-.- J~--[ CONSTRUCTION OF THE HIGHWAY 6 SIDEWALK EXTENSION PROJECT (STP-E- 3715(624)--8V-52) PROJECT. Comment: Bids for this project were opened on Wednesday, May 12th and the following bids were received: Peterson Contractors, Inc. Reinbeck, IA $148,889.00 Jasper Construction Services, Inc. Newton, IA $154,406.25 Vieth Construction Corp. Reinbeck, IA $156,970.00 Tschiggfrie Excavating Co. Dubuque, IA $162,042.65 Streb Construction Co., Inc. Iowa City, IA $163,300.00 Iowa Bridge & Culvert, L.C. Washington, IA $ 210,994.78 Engineer's Estimate $158,500.00 Public Works and Engineering recommend award of the contract to Peterson Contractors, Inc. of Reinbeck, Iowa. The project will be funded by the University of Iowa with the City of Iowa City contributing $55,000 in STP funds. Action: ITEM 15. 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 Zoninq Brd of Adjustment - One appointment to fill an unexpired term ending December 31, 2006. (Carl Williams resigned) (2 Males and 0 Females). b. Airport Zoninq Brd of Adjustment - One appointment to fill an unexpired plus a five-year term ending December 31, 2008. (2 Males and 0 Females). c. Historic Preservation Commission - One appointment (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006. (Term expired for Peter Jochimsen) (7 Males and 2 Females currently serve). d. Housinq and Community Development Commission - Three vacancies to fill three-year terms September 1, 2004 - September 1, 2007. (Terms expire for Lori Bears, John Deeth, Matthew Hayek) (3 Males and 3 Females currently serve). e. Library, Board of Trustees - One vacancy to fill an unexpired term ending July 1, 2005. (Jesse Singerman resigned) (4 Males and 4 Females currently serve). TO: Mayor, City Council, General Public FROM: City Clerk DATE: May 17, 2004 RE: Additions May 18 agenda CONSENT CALENDAR: ITEM 2e(3) Dog Park: Jeanne Nelson, Karen Fashimpaur, Jessica Jensen- Arnold, Shannon Day (15) Ashley Eivins, Co-chair Political CHILD (Children Helping Innocent Labors Democratically) Committee: Elimination of Child Labor ~ITEM 14b CONSIDER A RESOLUTION ON UNCLASSIFIED SALARY / O~- ~.~ ~ COMPENSATION FOR FISCAL YEAR 2005 FOR THE CITY MANAGER, ~,-I , CITY ATTORNEY, AND CITY CLERK, AND AUTHORIZING AND ~ DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE ~ AMENDMENTS TO THE CONTRACTS OF THE CITY MANAGER AND ~ CITY ATTORNEY, AND CITY CLERK TO DELETE THE PROVISION  ENTITLED "HOURS OF WORK". ~ Comment: Council held executive session on May 14, 2004, to evaluate ~ the City Manager, City Attorney, and City Clerk. As a result of that "-~ession, adjustments were made in compensation for those employees ~ the resolution. TO: Mayor, City Council, General Public FROM: City Clerk DATE: May 17, 2004 RE: Additions May 18 agenda ITEM 2e(3) Dog Jeanne Nelson, Karen Fashimpaur, Jessica Jensen- Arnold (15) Ashley imination of Child Labor ITEM 14b CONSIDER A RESOLUTION COMPENSATION FOR FIS( CITY ATTORNEY, AND CITY AND DIRECTING THE MAYOR AND CI -'RK TO EXECUTE AMENDMENTS TO THE 'HE CITY MANAGER AND CITY ATTORNEY, iLETE THE PROVISION ENTITLED "HOURS OF )RK". Comment: executive session on 14, 2004, to evaluate the City Attorney, and City Clerk. result of that session, ac made in compensation ~ose employees as outlined resolution. May 18, 2004 City of Iowa City Page 13 f. Police Citizens Review Board - Two vacancies to fill four-year terms September 1, 2004 - September 1, 2008. (Terms expire for Loren Horton, John Stratton) (2 Males and 1 Female currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 9, 2004. ITEM 16. COMMUNITY COMMENT [I,~'S'~ARY] (ITEMS NOT ON THE AGENDA). ITEM 17. CITY COUNCIL INFORMATION. ITEM 18. REPORT ON ITEMS FROM CITY STAFF. a. City Attorney. - ~ ~- b. City Clerk. ~ O ~' c. City Manager. ~__.~ ~ ITEM 19, ADJOURNMENT,