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HomeMy WebLinkAbout2005-04-19 Agenda Subject 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 c~T¥ oF IOWA ClT'"'~M~'~-'~' Regular Formal April 19, 2005 - 7:00 p,m, City Hall - Harvat Hall 4:[0 E, Washington Street www,icgov,org ITEM4. CALL TO ORDER. ROLL CALL. ITEM 2. PROCLAMATION. trhA~ ;rPer~lia2t~o0n5 ~We e k~k A p r i(~l 1,7 ~00~5. ~~ . c) Arbor Day-April 29, 2005 '7-~-~ ~~ d) Global Love Day- May 1, 2005 ~ ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARD - HELEN LEMME ELEMENTARY a) Caitlin Clougherty b) Karl Fleener 'ITEM4. 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. April 4, Regular Council Work Session 2. April 5, 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. Public Art Advisory Committee: March 2, 2005 2. Planning and Zoning Commission: March 17, 2005 3. Telecommunications: January 24, 2005 4. Telecommunications: February 28, 2005 5. Telecommunications: March 8, 2005 6. Parks & Recreation: February 16, 2005 TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions/Revision to April 19, 2005 Agenda ~I~EM 2e (Addition) Proclamation: Cover the Uninsur ~'i)a (A~hs) O-akcrest Street Parking: Jesse Stingley, Rebekah Rusch, Robed and Norma Jett, Mari Asper, Samantha Roggenties, Lindsey Poe, Betty Ockenfels, Michael Dayton, Joseph Wallace, Joseph Mitros, Karry Jannie, Marcia and Emily Smith, Brad Yaklich, Laura Bender, Trent Heck ITEM 4g(19) (Addition) National Criminal Justice Reference Service: Web Forum on Sexual Assault Victims Rights: April 27 ITEM 12 (Revised) RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLONIAL LANES. ITEM 14 (Revised) RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM T & M MINI MART ITEM 23 ANNOUNCEMENT OF VACANCIES New: Telecommunications Commission - One vacancy to fill an unexpired term ending March 13, 2006. (Kimberly Thrower resigned) (4 Males and 0 Females currently serve). See correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 1, 2005. April 19, 2005 City of Iowa City Page 2 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class B Wine Permit for Kum & Go, LC, dba Kum & Go #52, 25 W. Burlington St. Renewal: 2. Class C Liquor License for Daverse II, Inc., dba College Street Billiard Club, 114-116 E. College St. 3. Class C Liquor License for Ambiance, LLC, dba Lark Restaurant, 1069 Hwy 1 West. 4. Class C Liquor License for Sams Pizza lC, Inc., dba Sams Pizza lC, Inc., 321 S. Gilbert St. 5. Class E Liquor License for Liquor House, Ltd., dba Liquor House, 326 S. Clinton St. 6. Class C Beer Permit for DeliMart, Corp., dba DeliMart #3, 2410 Mormon Trek Blvd. 7. Class C Beer Permit for Suburban Investors, LLC, dba Suburban Amoco-Keokuk Street, 1905 Keokuk St. d) Motions. 1. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $9,651,946.53 FOR THE PERIOD OF MARCH 1 THROUGH MARCH 31, 2005, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE. e) Setting a Public Hearing. 1. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MAY 3, 2005 REGARDING IOWA CITY'S FY06 ANNUAL ACTION PLAN, THAT IS A SUB-PART OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (a.k.a. CITY STEPS). Comment: A public hearing regarding the FY06 Annual Action Plan, which contains the proposed Community Development Block Grant (CDBG) and HOME Investment Partnerships Program monies, is being set for May 3, 2005. A 30-day public comment period started on April 1, 2005. April 19, 2005 City of Iowa City Page 3 ~/.~<[ 2. CONSIDER A RESOLUTION OF INTENT TO CONVEY A SINGLE L FAMILY HOME LOCATED AT 145 SOUTH WESTMINSTER STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR MAY 3, 2005. Comment: The Iowa City Housing Authority, under its Tenant-to- Ownership Program, proposes to sell 145 South Westminster Street to a public housing program tenant. The amount of the sale will be the appraised value of the home, which is $124,000. The family has participated in the public housing program for one year. The applicant is employed full-time at Mercy Hospital in Iowa City. The family has received a written commitment for a mortgage from a local bank in the amount of $93,000. The City will provide a second mortgage for the remaining $31,000. This sale will provide the opportunity for a Iow-income family to obtain ownership of their own home. OR-- I~¢~ 3. CONSIDER A RESOLUTION OF INTENT TO CONVEY A SINGLE i FAMILY HOME LOCATED AT 1905 CALIFORNIA AVENUE TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR MAY 3, 2005. Comment: The Iowa City Housing Authority, under its Tenant-to- Ownership Program, proposes to sell 1905 California Avenue to a public housing program tenant. The amount of the sale will be the appraised value of the home, which is $121,000. The applicant has participated in the public housing program since 2001 and is employed full-time at NCS Pearson. The family has received a written commitment for a mortgage from a local bank in the amount of $90,750. The City will provide a second mortgage for the remaining $30,250. This sale will provide the opportunity for a Iow-income family to obtain ownership of their own home. April 19, 2005 City of Iowa City Page 4 f) Resolutions. c>~>-~ I~-~LO 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 3410 SHAMROCK DRIVE, IOWA CITY, IOWA. Comment: On September 11, 2002, the owner of 3410 Shamrock Drive executed a Second Mortgage in the amount of $24,800 to secure a loan from the City for said amount as part of the Tenant to Ownership Program. The owner of 3410 Shamrock Drive also executed a Resale Agreement with the City on September 11, 2002, for the property at 3410 Shamrock Drive. The owner sold the home to another income-eligible buyer. The loan was fully paid on April 11, 2005, and the owner has met all the obligations contained in the Resale Agreement. It is now the City's responsibility to release these liens. O~- j z~.} 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 34'10 SHAMROCK DRIVE, IOWA CITY, IOWA. Comment: On April 11, 2005, the Iowa City Housing Authority, through its Affordable Dream Home Program, provided a income-eligible family a $29,500 loan, which is secured by a second mortgage, to assist them in the purchase of the single-family home located at 3410 Shamrock Drive. In the event that the family sells the home within fifteen years, the Resale and Occupancy Agreement requires that the owners sell the property to an income-eligible family and that the City receive a percentage of the appreciated value of the property. O ~ ~ ]z/LO- 3. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN L AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 924 VAN BUREN STREET SOUTH, IOWA CITY, IOWA. Comment: The owner of the property located at 924 Van Buren Street South received assistance through the City of Iowa City's Housing Rehabilitation Program. The terms of the loan have been satisfied; thus the lien needs to be released. April 19, 2005 City of Iowa City Page 5 c, 5-[~-'~ 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 WELLS FARGO BANK, N.A., CORALVlLLE, IOWA FOR PROPERTY LOCATED AT 1904 HANNAH JO COURT, IOWA CITY, IOWA. Comment: Wells Fargo has requested that the City approve a Subordination Agreement for 1904 Hannah Jo Court. On August 23, 1996, the owner of the property received a loan from the City of Iowa City's Community Block Development Grant Funds. The property has enough equity to cover the City's lien position. ~E~- IZ'~L~- 5. CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLLEGE ST BILLIARDS CLUB, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2005) Comment: This Resolution accepts payment of a $300 civil penalty, authorized by Iowa Code section 453A.22(2), from College St Billiards Club, 114 E. College St. 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, College St Billiards waives its statutory right to have a hearing on whether the civil penalty should be assessed. ~ ~-'- t 'dr.~ 6. CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DUBLIN UNDERGROUND, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2005) Comment: This Resolution accepts payment of a $300 civil penalty, authorized by Iowa Code section 453A.22(2), from Dublin Underground, 5 S. Dubuque St. 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, Dublin Underground waives its statutory right to have a hearing on whether the civil penalty should be assessed. April 19, 2005 City of Iowa City Page 6 0~-]~ 7. CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM TOBACCO BOWL, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2005) Comment: This Resolution accepts payment of a $300 civil penalty, authorized by Iowa Code section 453A.22(2), from Tobacco Bowl, 111 S. Dubuque St. 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, Tobacco Bowl waives its statutory right to have a hearing on whether the civil penalty should be assessed. o.~:>- ]z-}-'7 8. CONSIDER A RESOLUTION ACKNOWLEDGING SERVICE OF A THIRTY (30) DAY PERMIT SUSPENSION AND ACCEPTING WAIVER OF RIGHT TO HEARING FROM WHATEVA WE CAN DELIVA, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2005) Comment: This Resolution accepts service of a thirty (30) day retail cigarette permit suspension, beginning April 13, 2005, as set out in Iowa Code section 453A.22(2), by Whateva We Can Deliva, 511 Peterson St., No. 5. 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. The civil penalty for the second time the permit holder's employee violates Section 453A.2(1) is either $1500.00 or a thirty (30) day retail cigarette permit suspension, at the option of the permitted. This is the second time within a two year period that an employee of Whateva We Can Deliva has violated Section 453A.2(1). By turning in its retail cigarette permit on the above date and signing the appropriate waiver, Whateva We Can Deliva waives its statutory right to have a hearing on whether the civil penalty should be assessed. g) Correspondence. 1. JCCOG Traffic Engineering Planner: Removal of NO PARKING 8AM 5 PM MON-FRI signs on the south side of Oakcrest Street betwee, n Sunset Street and George Street (Deferred from 4~5) 2. Mischa Andersen: Protocol for turning in lost property 3. Brent Harmeier: Recycling Incentives 4. Anthony J. Scanlan: Littering in the City 5. Brandon Hofeldt: Improve accommodations for bikers and walkers 6. Mark S. and Sharon B. Kline: Construction concerns on N. Dodge~.~'t-,~- 7. Airport Hanger: Katherine Jarrett, Sharon Tinkler 8. Gary Klinefelter: Proposed change to RS-8 zoning Ordinance 9. Mary Dias: City Government Costs [Staff response included] TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions/Revision to April 19, 2005 Agenda Consent Calendar: ITEM 2e (Addition) Procla~aticu~Oover the Unir~surc-d Week ITEM 4g(1)a (Additions) Oakcrest Street Parking: Jesse Stingley, Rebekah Rusch,-7~-~. Robert and Norma Jett, Marl Asper, Samantha Roggenties, Lindsey Poe, Betty Ockenfels, Michael Dayton, Joseph Wallace, Joseph Mitros, Karry // nnie, Marcia and Emily Smith, Brad Yaklich, Laura Bender, Trent Heck ITEM 4g(19) (Addition) National Criminal Justice Reference Service: Web Forum on Sexual Assault Victims Rights: April 27 ITEM 12 (Revised) RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLONIAL LANES. ITEM 14 (Revised) RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM T & M MINI MART ITEM 23 ANNOUNCEMENT OF VACANCIES New: Telecommunications Commission - One vacancy to fill an unexpired term ending March 13, 2006. (Kimberly Thrower resigned) (4 Males and 0 Females currently serve). See correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 1, 2005. April 19, 2005 City of Iowa City Page 7 10. Joyce Barker (x2): Proposed Placement of the Shelter House [Staff response included] 1 1. John Neff: MidAmerican Assessed Value 12. Randy Reinhold: Sign Ordinance and EMCs 13. Smoking Issue: Joy Alberti, Sean Goro, Alaina Smith, Kae Weis 14. Katie: Alcohol Issue 15. Parking: Morgan Forbes, Lauren Rizzo ~5¥,,~ ¢,-~ e°''~- 16. Water Tower: Reece Lea Conrad, Paul A. Forges (x2), [Staff response included] Ben Jilek, Fredrick Peel 17. Caroline Dieterle: Super Wal-Mart 18. James Surratt: Citywide Wireless Internet .~',, END OF CO,NSf~ENT CA~L~NDA". 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. ~ ~ / ITEM 6, PLANNING AND ZONING MATTERS. a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MAY 3RD ON AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS) ZONE TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) ZONE (10,92-ACRES) AND MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS- 8) ZONE (18,34-ACRES) FOR PROPERTY LOCATED WEST OF SYCAMORE STREET, SOUTH OF WETHERBY DRIVE, NORTH OF DICKENSON LANE. (REZ05-00002) Comment: At its April 7 meeting by a vote of 5-0 (Hansen absent), the Planning and Zoning Commission recommended approval subject to conditions related to 1) cost sharing for Sycamore Street improvements, 2) storm water management facilities, 3) an easement for a sanitary sewer line and 4) a landscaping plan and fencing specifications for a buffer adjacent to Sycamore Street. Staff recommended approval in a report dated April 7. Approval of this rezoning will permit development of Brookwood Pointe, a 29.2 acre, 106-1ot residential subdivision. Action: ~-~? / ~ TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions/Revision to April 19, 2005 Agenda Consent Calendar: ITEM 2e (Addition) Proclamation: Cover the Uninsured Week ITEM 4g(1)a (Additions) Oakcrest Street Parking: Jesse Stingley, Rebekah Rusch, Robert and Norma Jett, Marl Asper, Samantha Roggenties, Lindsey Poe, Betty Ockenfels, Michael Dayton, Joseph Wallace, Joseph Mitros, Karry Jannie, Marcia and Emily Smith Brad Yaklich, Laura Bender, Trent Heck ITEM 4g(19) (Addition) National Criminal Justice Reference Service: Web For Sexual Assault Victims Rights: April 27 ITEM 12 (Revised) RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLONIAL LANES. ITEM 14 (Revised) RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM T & M MINI MART ITEM 23 ANNOUNCEMENT OF VACANCIES New: Telecommunications Commission - One vacancy to fill an unexpired term ending March 13, 2006. (Kimberly Thrower resigned) (4 Males and 0 Females currently serve). See correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 1, 2005. April 19, 2005 City of Iowa City Page 8 b) APPROVING THE ANNEXATION OF APPROXIMATELY 62.03 ACRES OF TERRITORY LOCATED NORTH OF HIGHWAY 1, WEST OF HIGHWAY 218 AND EAST OF Krl-fY LEE ROAD (ANN04-00001) Comment: At their February 17 meeting, by a vote of 6-0 (Shannon absent), the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated December 16, 2004, and in subsequent memoranda dated February 11 and February 17. The territory proposed for annexation is undeveloped, vacant property proposed for commercial development. The applicant requested deferral of this item to the April 5 City Council meeting. 1. PUBLIC HEARING (CONTINUED FROM 3~22 AND 4~5) Action: ~ .¢~'z~4~¢../ / 0 5-/z~-~ 2, CONSIDER A RESOLUTION (DEFERRED FROM 3/22 AND 4/5) Action: ~)',{~ / ~J~~ April 19, 2005 City of Iowa City Page 9 c) CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM COUNTY A1 TO CC-2, COMMUNITY COMMERCIAL (APPROXIMATELY 16.05 ACRES), C1-1, INTENSIVE COMMERCIAL (APPROXIMATELY 20.22 ACRES), CO-1, OFFICE COMMERCIAL (APPROXIMATELY 10.92 ACRES) AND RR-1, RURAL RESIDENTIAL (APPROXIMATELY 2.83 ACRES), FOR PROPERTY LOCATED NORTH OF HIGHWAY 1, WEST OF HIGHWAY 218 AND EAST OF KITTY LEE ROAD (REZ04-00030) Comment: At their February 17 meeting, by a vote of 6-0 (Shannon absent), the Planning and Zoning Commission recommended approval subject to conditions related to infrastructure improvements, funding, landscaping, fencing and sanitary sewer provision. Staff recommended approval in a report dated December 16, 2004, and in subsequent memoranda dated February 11 and February 17. The rezoning will allow for development of MWD Davis Addition, a commercial development proposed for this property. The applicant requested that the Planning and Zoning Commission reconsider the recommended conditions for the rezoning. The Commission's revised recommendation was distributed to Council on March 22. 1. PUBL,C .EAR,.G (CO.T..UED FROM 3/22 A.D 4/2) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (DEFERRED FROM 3~22~ AND 4/5) C:,~- )~? d) CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF J JR DAVIS SECOND ADDITION, IOWA CITY, IOWA. (SUB05-00001) Comment: At its April 7 meeting by a vote of 5-0 (Hansen absent), the Planning and Zoning Commission recommended approval subject to staff approval of legal papem and construction plans prior to Council consideration. It is anticipated that legal papers and construction drawings will be approved by April 19. Staff recommended approval in a repo~ dated April 7. J JR Davis Second Addition is a 14.76-acre four-lot commercial subdivision located east of Mormon Trek Boulevard south of Highway 1. Action: ~~ / ~¢/~ April 19, 2005 City of Iowa City Page 10 - I.¢~ e) CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF J JR DAVIS , THIRD ADDITION, IOWA CITY, IOWA. (SUB05-00002) Comment: At its April 7 meeting by a vote of 5-0 (Hansen absent), the Planning and Zoning Commission recommended approval subject to staff approval of legal papers and construction plans prior to Council consideration. It is anticipated that legal papers and construction drawings will be approved by April 19. Staff recommended approval in a report dated April 7. J JR Davis Third Addition is a , a 5.05-acre, two-lot commercial subdivision located east of Mormon Trek Boulevard south of Highway 1. Action:_ -/.~l f) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF ASHTON PLACE (SUB05-00007), Comment': At its April 7 meeting by a vote of 5-0 (Hansen absent), the Planning and Zoning Commission recommended approval subject to staff approval of legal papers prior to Council consideration. It is anticipated that legal papers will be approved by April 19. Staff recommended approval in a report dated April 7. Ashton Place is an approximately 2.62-acre, two-lot residential subdivision located at 39 Normandy Drive and 820 West Park Road. Action: /~ //~--'~-~'~/~ c~ ~ ~/~ ITEM 7. AMENDING THE FY2005 OPERATING BUDGET. Comment: This public hearing is being held to receive comment on amending the FY2005 budget. State legislation requires municipalities to amend their annual budgets no later than May 31st. Included is supporting documentation available at the Library, Finance Department and City Clerk's office. a) PUBLIC HEARING Action: OS-/~ b) CONSIDER A RESOLUTION Action: April 19, 2005 City of Iowa City Page 11 ITEM 8. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005 DAVENPORT STREET WATER IMPROVEMENTS 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 main along Davenport Street between Dubuque Street and Linn Street. The estimated construction cost is $127,000 and will be funded with Water Revenue funds. a) PUBLIC HEARING Action: /~0 ~ ~ I S~ , b) CONSIDER A RESOLUTION Action: ITEM 9. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GRAND AVENUE IMPROVEMENTS 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 consists of implementing the modified one-way loop system in the Grand Avenue corridor, as well as improvements to the intersection of Grand Avenue with Byington Road and Riverside Drive. A new right turn lane will be established at the intersection of Grand Avenue and Riverside Drive, and a barrier gate will be placed at the west end of Grand Avenue in order to limit eastbound traffic to bus and service vehicles only. The estimated construction cost is $217,500 and will be funded 50/50 by the City of Iowa City and the University of Iowa. The City's portion will be funded with Road Use tax proceeds. a) PUBLIC HEARING Action: O6- /_6-~ .... b) CONSIDER A RESOLUTION Action: April 19, 2005 City of Iowa City Page 12 ITEM 10. AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2006 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. Comment: JCCOG will be filing an application on behalf of Iowa City Transit with Iowa DOT for State Transit Assistance [STA] and Federal Transit Administration [FTA] funding for FY06. Iowa City Transit will be receiving approximately $370,245 in Iowa DOT STA formula funds and is applying for $3,552,293 in FTA capital funding and approximately $466,307 of FTA operating funds. The attached memo lists the capital projects that will be applied for in FY06 by Iowa City Transit. a) PUBLIC HEARING Action: 1~5 , b) CONSIDER A RESOLUTION ITEM 11. ASSESSING A $300.00 CIVIL PENALTY AGAINST CIGARETTE OUTLET #18, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2005) 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 Cigarette Outlet #18, 1901 Broadway, No. 3. 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 Cigarette Outlet #18 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 ~ - ! 5G . b) CONSIDER A RESOLUTION Action: {J~C~Cf~/~//~ ~~'~) April 19, 2005 City of Iowa City Page 13 ITEM 12. ASSESSING A $300.00 CIVIL PENALTY AGAINST COLONIAL~S, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2005) Comment: This hearing is the time designated.~'~e Council to consider whether to adopt a Resolution assessing the $300.~00~ivil penalty authorized by Iowa Code section 453A.22(2) against Colonia!./A2anes, 2253. Old Highway 218. Section 453A.22(2) provides that, after a hgaring, 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.~e~lling or providing tobacco to a minor. As a part of the hearing, the Council ~1t 'be provided with information establishing an employee of permit, holder Colp~l Lanes violated Iowa Code section 453A.2(1). The permit holders repres/erffative will then have the opportunity to provide the Council with information.9/fie deems appropriate. The Council will then decide whether to assess the requ/~ted civil penalty and, if it decides to do so, will adopt an appropriate Resol~on. The hearing will not provide the opportunity for public comment. a) CONDUCT HEARING Action: ~,t9 / b) CONSIDER A RESOLUTION ~ Action: ~//~2 ",,,~ TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions/Revision to April 19, 2005 Agenda Consent Calendar: ITEM 2e (Addition) Proclamation: Cover the Uninsured Week ITEM 4g(1)a (Additions) Oakcrest Street Parking: Jesse Stingley, Rebekah Rusch, Robert and Norma Jett, Marl Asper, Samantha Roggenties, Lindsey Poe, Betty Ockenfels, Michael Dayton, Joseph Wallace, Joseph Mitros, Karry Jannie, Marcia and Emily Smith, Brad Yaklich, Laura Bender, Trent Heck ITEM 4g(19) (Addition) National Criminal Justice Reference Service: Web Forum on Sexual Assault Victims Rights: April 27 EM RESOLUTION ACCEPTING PAYMENT OF $300.00 ClVlL'~ 1 2 (Revised) , PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLONIAL ~ "~ LANES. ITEM 14 (Revised) RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM T & M MINI MART ITEM 23 ANNOUNCEMENT OF VACANCIES New: Telecommunications Commission - One vacancy to fill an unexpired term ending March 13, 2006. (Kimberly Thrower resigned) (4 Males and 0 Females currently serve). See correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 1, 2005. April 19, 2005 City of Iowa City Page 14 ITEM 13. ASSESSING A $300.00 CIVIL PENALTY AGAINST JORDAN VALLEY MARKET, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2005) 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 Jordan Valley Market, 702 S. Gilbert St., No. 107. 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 Jordan Valley Market 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: ~ /-~¢d~ o~- I~ ,, b) CONSIDER A RESOLUTION Action: April 19, 2005 City of Iowa City Page 15 ASSESSING AX$300.00 CIVIL PENALTY AGAINST ~X,,,& M MINI MART, PURSUANT TEM TO OWACOD ,. C O. Comment: This hean~l, is the time designated for the Cour~xil to consider whether to adopt a Resolution ass'es.,sing the $300.00 civil penalty au~orized by Iowa Code section 453A.22(2) against,T,..& M Mini Mart, 2601 Highway 6 I~. Section 453A.22(2) provides that, after a hearing~a $300.00 civil pena!ty will.be ~l~s. essed to a retail cigarette permit holder when and~ that permit holder's employee ~olates Iowa Code section 453A.2(1) by selling or prov'rd~ng tobacco to a minor. As a p~,,rt of the hearing, the Council w~'ded with inforrha, tion establishing an employee"~f permit holder T & M Mini Mart violated Iowa Code, section 453A.2(1). The p~rmit holder's representative will then have the opportuhi,t~y to provide the Council with~information s/he deems a~e Council will the'~.decide whether to assess th~, requested civil penalty ~, ecides todo so, will'adopt an appropriate Resolution. The hearing will not provide the opportunity for public comment. a) CONDUCT HEARING Action: .. ~~'''¢~''' Action: TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions/Revision to April 19, 2005 Agenda Consent Calendar: ITEM 2e (Addition) Proclamation: Cover the Uninsured Week ITEM 4g(1)a (Additions) Oakcrest Street Parking: Jesse Stingley, Rebekah Rusch, Robert and Norma Jeff, Mad Asper, Samantha Roggenties, Lindsey Poe, Betty Ockenfels, Michael Dayton, Joseph Wallace, Joseph Mitres, Karry Jannie, Marcia and Emily Smith, Brad Yaklich, Laura Bender, Trent Heck ITEM 4g(19) (Addition) National Criminal Justice Reference Service: Web Forum on Sexual Assault Victims Rights: April 27 ITEM 12 (Revised) RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLONIAL ..~.~ LANES. IT~-~-14 (Revised) RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM T ~-~_~ MART ITEM 23 ANNOUNCEMENT OF VACANCIES New.' Telecommunications Commission - One vacancy to fill an unexpired term ending March 13, 2006. (Kimbedy Thrower resigned) (4 Males and 0 Females currently serve). See correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 1, 2005. April 19, 2005 City of Iowa City Page 16 ITEM 15. CONSIDER A MOTION APPROVING THE APPOINTMENT OF JEREMY SCHREIBER AS. THE STUDENT LIAISON AND AUSTIN BAETH AS THE ALTERNATE FROM THE UNIVERSITY OF IOWA STUDENT GOVERNMENT (UISG) TO THE CITY COUNCIL MAY 1, 2005 UNTIL MAY 1, 2006. Comment: On March 22, 2005, Iowa City City Council approved Resolution 05-124 setting forth guidelines for the appointment of a student liaison selected by the Vice - President of UISG or his/her designee. The City has received information on the selection from Vice President Lauren McCarthy. Correspondence is included in Council packet. ~'I~/~ ' ' AGREEMENT BL~E~ co.s . A...ow THE CITY OF IOWA CI~ AND THE POLICE LABOR RELATIONS ORGANI~TION OF IOWA CI~. Comment: This is for a one-year agreement which provides for a 3% across-the-board wage increase. It also adopts language recommended by a fact finder with regard to health insurance specifying that officers will pay 5% of the health insurance premium capped at a maximum of $40.00 per month. Action: Z ITEM 17. CONSIDER AN ORDINANCE AMENDING CI~ CODE TITLE 4, CHAPTER 3, ENTITLED "OUTDOOR SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND PERMITS," SECTION 1, ENTITLED "OUTDOOR SERVICE o~(~ AREAS," ARTICLE C, ENTITLED "REGULATION OF OUTDOOR SERVICE AREAS," SUBSECTION 1, ENTITLED "LOCATION RESTRICTIONS", SUBSECTION 2, "SCREENING FROM PUBLIC VIEW", SUBSECTION 3, "ENTRANCES AND EXITS"; SUBSECTION D, "EXEMPTIONS FROM REGULATIONS"; AND SECTION 4, ENTITLED "REGULATIONS AND REQUIREMENTS FOR TEMPORARY OUTDOOR SERVICE AREAS AND SEASONAL, FIVE DAY AND FOURTEEN DAY PERMITS AND LICENSES," SECTION A, ENTITLED " LOCATION", SUBSECTION 2. (SECOND CONSIDERATION) Comment: Current City Code had different provisions for outdoor se~ice areas (on private propedy) in the CB-10 zone versus those in other zones. The purpose of this ordinance to make the requirements the same for all outdoor se~ice areas in the City. Additionally language has been included to clean up confusion with the location restrictions. References referring to set backs and minimum square footage have been removed and are consistent with current sidewalk cafe provisions. Staff has recommended expedited consideration. Action: ~~/~ ~z ~ ~~ April 19, 2005 City of Iowa City Page 17 ITEM 18. CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, W l-~'7 ENTITLED "SPEED RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS" TO MODIFY THE SPEED LIMIT ON A PORTION OF HIGHWAY 1 IN THE VICINITY OF SUNSET STREET AND MILLER AVENUE. (SECOND CONSIDERATION) Comment: The Iowa Department of Transportation has changed the speed limit on Highway 1 in Iowa City from 200 feet southwest of Sunset Street to 1,900 feet west of Miller Avenue from 50 mph to 45 mph. This ordinance amends the city code to accurately reflect the speed limit as determined by the Iowa Department of Transportation. ITEM 19. CONSIDER AN ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, ~.~:~ TAXATION & 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. (PASS AND ADOPT) Comment: This proposed ordinance would increase residential solid waste collection fees by approximately three percent (3%). Currently the fee is $12.10 per month; the increase will change the fee to $12.50. This action is necessary due to annual increases in operational costs. The last fee increase was in May of 2002. Action: ~/~}~ p '~ ~ April 19, 2005 City of Iowa City Page 18 ITEM 20. CONSIDER A RESOLUTION APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 20.59 - ACRE PARCEL OF LAND IN SOUTHERN IOWA CITY O-~- ~C2 ADJACENT TO GILBERT STREET, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. Comment: The Parks and Recreation Department considers it in the public interest to acquire a 20.59-acre parcel of property located in southern Iowa City adjacent to Gilbert Street for open space, recreation and preservation purposes. The 20.59-acre parcel is also adjacent to the "sand prairie" area dedicated to the City by the Sandhill Estates Subdivision. A map showing the parcel is in your Council packet. City Staff has negotiated an offer to purchase the parcel for $22,000 from the owner, the Iowa Natural Heritage Foundation. This offer is contingent upon City Council approval. This resolution approves the terms on which the City will purchase the parcel and authorizes City staff to complete the transaction. This acquisition will be funded by Parkland Acquisition Funds and General Obligation Bonds. Action: ,~j.~_~. ITEM 21. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE 05-/G) MAYOR' TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2005 ASPHALT RESURFACING PROJECT. Comment: Bids for this project were opened on Tuesday, April ~2th and the following bid was received: L.L. Pelling Company North Liberty, Iowa $ 586,430.58 Engineer's Estimate $ 557,000.00 Public Works and Engineering recommend award of the contract to L.L. Pelling Company of North Liberty, Iowa. The project will be funded by Road Use tax and General Obligation bond proceeds. Action: ///~¢~'¢~ ? ~ ~ ~7 ',~ ~;/~/ April 19, 2005 City of Iowa City Page 19 ITEM 22. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY ~/~,2, CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC "RIGHT-OF-WAY BETVVEEN THE CITY OF IOWA CITY, LANDOWNER, AND TENANT SYLVIA VENUTO d/b/a VENUTO'S WORLD BISTRO, FOR A SIDEWALK CAFI~ AT 115 E. COLLEGE STREET. Comment: Sylvia Venuto, d/b/a as Venuto's World Bistro, seek a license agreement for temporary use of public right-of-way at 115 E. College Street, Iowa City, Iowa for a sidewalk cafe. City Staff has reviewed the plans and specifications and required submittals and recommends approval of said agreement. ITEM 23. 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.] a. Housinq and Community Development Commission - One vacancy to fill an unexpired term ending September 1, 2006. (Erin Barnes resigned) (5 Males and 3 Females currently serve). b. Plannin.q & Zoning Commission - One vacancy to fill an unexpired term ending May 1, 2006. (Benjamin Chait resigned) (4 Males and 2 Females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, APRIL 27, 2005. c. Airport Commission - One vacancy lo fill an unexpired term ending March 1, 2008. (Daniel Clay resigned) (3 Males and 1 Female currently serve). d. Airport Zoninq Brd of Adiustment - One vacancy to fill an unexpired term ending December 31, 2006. (Carl Williams resigned) (3 Males and 0 Females currently serve). e. Library, Board of Trustees - Two vacancies to fill six-year terms July 1, 2005 - July 1, 2011. (Term expires for Katherine Gloer and Jim Swaim) (4 Males and 3 Females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MAY 11, 2005. TO: Mayor, City Council, General Public FROM: City Clerk RE: Additions/Revision to April 19, 2005 Agenda Consent Calendar: ITEM 2e (Addition) Proclamation: Cover the Uninsured Week ITEM 4g(1)a (Additions) Oakcrest Street Parking: Jesse Stingley, Rebekah Rusch, Robert and Norma Jett, Marl Asper, Samantha Roggenties, Lindsey Poe, Betty Ockenfels, Michael Dayton, Joseph Wallace, Joseph Mitros, Karry Jannie, Marcia and Emily Smith, Brad Yaklich, Laura Bender, Trent Heck ITEM 4g(19) (Addition) National Criminal Justice Reference Service: Web Forum on Sexual Assault Victims Rights: April 27 ITEM 12 (Revised) RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL . PENALTY AND WAIVER OF RIGHT TO HEARING FROM COLONIAL LANES. ITEM 14 (Revised) RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM T & M MINI ~MART AN N~O~U N CE M ENT OF VACANCIES New: T~cations Commission - One vacancy to fill an unexpired term ending March 13, 2006. (Kimberly Thrower resigned) (4 Males and 0 Females currently serve). See correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P,M,, WEDNESDAY, JUNE 1, April 19, 2005 City of Iowa City Page 20 ITEM 24. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). CITY CO~JNCIL INFORMATION. ITEM 25. .~_,¢~, ITEM 26. REPORT ON ITEMS FROM CITY STAFF. a. City Attorney. b. City Clerk. c. City Manager. ITEM 27. ADJOURNMENT.