Loading...
HomeMy WebLinkAbout2001-06-12 Agenda Subject to change as finalized by the City Clerk. For a final o~/c/al copy, contact the City Clerk~ Office, Iowa City ' ' City Council Agenda s2, 2ooz 7:oo p..,. Civic Center 41o E, Washington Street www.icgov.org ITEM NO. 1. CALL TO ORDER. ITEM NO. 2. SPECIAL PRESENTATION. ~'/Y(~,,~ a. Lieutenant Robert L. Hein Life Saving Award - Amanda Hart ITEM NO. 3. MAYOR'S PROCLAMATIONS. ITEM NO. 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Approval of Official Council Actions for regular meeting of May 15, as published, subject to corrections, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Board of Adjustment-April 11 (2) Board of Adjustment - May 9 (3) Iowa City Airport Commission - April 5 (4) Iowa City Board of Appeals - March 5 (5) Iowa City Human Rights Commission - March 27 (6) Iowa City Human Rights Commission - April 24 (7) Iowa City Public Library Board of Trustees - April 26 (8) Parks and Recreation Commission - May 9 (9) Planning and Zoning Commission - April 19 (10) Planning and Zoning Commission - May 3 (11 ) Planning and Zoning Commission - May 17 (12) Police Citizens Review Board - May 8 Recommendation: Approve By-Law change: Article III. Membership, Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter 8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four years, with terms expiring September 1. (13) Police Citizens Review Board - May 16 Recommendation: Accept PCRB memorandum regarding ordinance change recommendations. (14) Telecommunications Commission - May 30 Recommendation: Approve the cable television franchise transfer from AT&T to Mediacom. June 12, 2001 City of Iowa City Page 2 c. Permit Motions and Resolutions as Recommended by the City Clerk. New. (1) Class E Liquor License for Eagle Food Centers, Inc., dba Eagle Food Center #157, 600 N. Dodge St. Renewals. (2) Class C Liquor License for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Hwy. 6 West. (3) Class C Liquor License for Fitzpatrick's Alehouse, Inc., dba Fitzpatrick's, 525 S. Gilbed St. (4) Outdoor Service Area for Fitzpatrick's Alehouse, Inc., dba Fitzpatrick's, 525 S. Gilbert St. (5) Class C Liquor License for Dublin Underground, Inc., dba Dublin Underground, 5 S. Dubuque St. (6) Class C Liquor License for Keith W. Dempster dba Mill Restaurant, 120 E. Burlington St. (7) Class C Liquor License for David L. Alberhasky dba Dave's Foxhead Tavern, 402 E. Market St. (8) Class C Liquor License for J.S. Mummey, Inc., dba Mumm's Saloon & Eatery, 21 W. Benton St. (9) Outdoor Service Area for J. S. Mummey, Inc., dba Mumm's Saloon & Eatery, 21 W. Benton St. (10) Special Class C Liquor License for OM, Inc., dba Masala, 9 S. Dubuque St. (11 ) Special Class C Liquor License for Zio Johno's, Inc., dba Zio Johno's Spaghetti House, 953 S. Riverside Dr. (12) Class C Beer Permit for Krause Gentle Corp., dba Kum & Go #422, 513 S. Riverside Dr. ol -/2-/-~ (13) Resolution to issue Dance Floor Permit for Keith W. Dempster dba Mill Restaurant, 120 E. Burlington St. d. Motions. (1) Consider a motion to approve disbursement in the amount of $14,294,156.66 for the period of April 1 through April 30, 2001, 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 Public Hearings. o ~ -- I H' '{ (1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 26 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE TO INCREASE WATER SERVICE AND FEES IN IOWA CITY, IOWA. Comment: This resolution sets a public hearing on a proposed ordinance to increase the charge for meters and meter reading devices by $50. This change in meter charges is necessary to recover the cost of providing meters and meter reading devices for new construction and/or a new expanded customer base. Staff memorandum included in Council packet. June 12, 2001 City of Iowa City Page 3 (2) CONSIDER A RESOLUTION SE'I'I'ING A PUBLIC HEARING FOR JUNE 26 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SKATE 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 entails the construction of a concrete skate park, approximately 11,000 square feet in size, to be located in Terrell Mill Park. It will accommodate both skateboarders and in-line skaters, and is the culmination of a two-year public planning process. Resolutions. (1) CONSIDER A RESOLUTION APPROVING AN AMENDMENT TO SANITARY SEWER AND STORM WATER MANAGEMENT EASEMENT AGREEMENTS FOR FIRST AND ROCHESTER COMMERCIAL SUBDIVISION, PART ONE, IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I'I'EST SAID DOCUMENTS. Comment: Mercy Hospital, Iowa City, Iowa, ("Mercy") owns property located on First Avenue in Iowa City. Said property is subject to a certain Sanitary Sewer and Stormwater Management Easement Agreements for First and Rochester Commercial Subdivision, Part One, Iowa City, Iowa. Mercy wishes to construct a concrete retaining wall on or near the Sanitary Sewer and Storm Water Management Easement areas and the Sanitary Sewer and Storm Water Management Easement agreements prohibit Mercy from constructing the retaining wall on or near the easement areas. City staff is willing to allow Mercy to construct the concrete retaining wall on or near the easement areas in consideration for which Mercy is willing to indemnify the City against any costs associated with the construction or replacement of the concrete retaining wall. The parties wish to amend the Sanitary Sewer and Storm Water Management Easement agreements to reflect the respective rights and obligations of the parties with respect to the concrete retaining wall. This resolution authorizes the mayor to sign and the clerk to attest this amendment to the easement agreements. (2) 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 1710 F STREET, IOWA CITY, IOWA. Comment: The owner of the property located at 1710 F Street received assistance through the City's Housing Rehabilitation Program for the amount of $2,785. The financing was in the form of a conditional occupancy loan of which only $2,478.60 was spent for the rehabilitation of the property. The property has been sold and the balance of the mortgage has been paid; thus the lien can now be released. June 12, 2001 City of Iowa City Page 4 (3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO c>l -/~ } SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING FOUR MORTGAGES FOR THE PROPERTY LOCATED AT 933 EAST DAVENPORT STREET, IOWA CITY, IOWA. Comment: The owner of the property located at 933 East Davenport Street received assistance through the City's Housing Rehabilitation Program totaling $16,320. The financing was in the form of conditional occupancy loans ($10,320) and a five-year declining balance loan ($6,000). The property has been sold and the balance of the mortgages has been paid; thus the lien can now be released. (4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO c>l- ~.~7,,' SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 915 HUDSON AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 915 Hudson Avenue received assistance through the City's Housing Rehabilitation Program for the amount of $1,090. The financing was in the form of a conditional occupancy loan ($436) and a five-year declining balance loan ($654). The property has been sold and the balance of the mortgages has been paid; thus the lien can now be released. (5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO c~l-/5.~ SIGN AND THE CITY CLERK TO ATTEST THE NECESSARY AGREEMENTS AND EASEMENTS FOR THE DEVELOPMENT OF LOT 25, HIGHLANDER DEVELOPMENT SECOND ADDITION, IOWA CITY, IOWA, AND THE PARCEL OF LAND LOCATED DIRECTLY EAST THEREOF, PER THE APPROVED SITE PLAN. Comment: Pursuant to City Code, the owners of Lot 25, Highlander Development Second Addition, Iowa City, Iowa, and the parcel of land located directly east thereof, submitted a site plan for development of said property. City staff approved the site plan subject to the property owners executing appropriate easement agreements and a development agreement to ensure the construction of improvements per the site plan and to maintain the integrity of the improvements necessary to support the development. This Resolution authorizes the execution of the necessary agreements and easements to allow development and to ensure the integrity of the public improvements serving Lot 25, Highlander Development Second Addition, Iowa City, Iowa, and the parcel of land located directly east thereof. June 12, 2001 City of Iowa City Page 5 (6) CONSIDER A RESOLUTION ACCEPTING THE WORK ol- IS H- OF THE CONSTRUCTION OF THE MERCER PARK CONCESSION/RESTROOM FACILITY. Comment: On November 7, 2000 a contract was entered into with Moore Construction Company of Iowa City to construct a concession/restroom/storage building in the center of the softball/baseball complex in Mercer Park. The total contract amount is $177,105; all work covered by the contract has been completed, all required paper work has been submitted and all invoices have been paid, other than a five percent retainage. g. Correspondence. (1) Karen Kubby - PCRB (2) Richard Green - ICON distribution boxes (3) Linette Mace (Wallace Elementary) - appreciation of IC Transit during storm (4) Harold Stager - Council actions (5) Linda Prybil - 64-1A (6) Lynn Whisler (Mercy Hospital) - reserved parking spaces in public right of way [City Manager response included] (7) John Keller - Gringer Feeds (8) Alan Achtner - smoking (9) John Ferguson - smoking (10) Barb Clark - smoking (11 ) Pi Nuernberg - community center (12) Sara Hill - parking [City Manager response included] (13) Human Rights Commission - purposes and processes of the Human Rights Commission (14) Rick Dvorak (JC Planning and Zoning) - Fringe Area Agreement [City Manager response included] (15) JCCOG Traffic Engineering Planner: (a) Removal of a NO PARKING ANY TIME zone on the east side of Union Road between the driveway at 2008 Union Road and Arizona Avenue. Comment: This no parking zone was enacted by the City Council at their meeting on April 2, 2001, in response to staff recommendation based on restricted visibility. The Council asked that the issue of whether there should or should not be parking again be placed on the agenda. (b) Removal of a NO PARKING ANY TIME zone on the east side of Willow Street between Muscatine Avenue and Pinecrest Road. Comment: This no parking zone was enacted by the City Council at their meeting on April 2, 2001, in response to staff recommendation based on restricted visibility. The Council asked that the issue of whether there should or should not be parking again be placed on the agenda. .~ June 12, 2001 Agenda (additions) ITEM NO 4g(16) Nancy Purington - Spath Dedication · 4g(17) Judith Klinke - Letter encouraging contact with Southgate ITEM NO. 27b CONSIDER MOTION TO APPEAL THE DECISION OF THE ADMINISTRATIVE LAW JUDGE REGARDING THE LIQUOR CONTROL LICENSE FOR ETC. Comment: This motion will be the final decision available to Council prior to the 30 day appeal process. ITEM NO. 29 Current Vacancies c. Human Rights Commission - One vacancy to fill an unexpired term ending January 1,2003 (Mettie Thomopulos resigned) (3 males and 5 females currently serve.) Deadline for application is 5:00 p.m., Wednesday, July 25, 2001· June 12, 2001 City of Iowa City Page 6 (c) Placement of a LEFT LANE MUST TURN LEFT sign on the east side of Sunset Street south of Benton Street and a LEFT TURN YIELD ON GREEN sign on the Sunset Street northbound traffic signal mast arm at the intersection of Sunset Street and Benton Street. (d) Install signage to convert three permit-only parking spaces in the Civic Center parking lot to two handicap-only permit parking spaces. (e) Install signage indicating RIGHT LANE MUST TURN RIGHT on the south side of Jefferson Street just west of Clinton Street. (f) Establishment of a pedestrian crosswalk across Wild Prairie Drive west of Weber Elementary School. (g) Modify existing RIGHT LANE MUST TURN RIGHT signs on ~< ~ ,~ B, Urlington Street near the intersection with Summit Street. END OF CONSENT CALENDAR. ITEM NO. 5. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] ~ Public Discussion will be continued, if necessary, prior to "City Council Information" item. June 12, 2001 City of Iowa City Page 7 ITEM NO. 6. PLANNING AND ZONING MATTERS. a. An ordinance changing the zoning designation from General Industrial (I- 1 ) to Intensive Commercial (C1~1) for approximatel 12.09 acres located on the south side of Highway 1. (REZ01-00002). In Comment: At its March 15 meeting by a vote of 5-0 the Plann' g and Zoning Commission recommended approval of this rezoning subject to a conditional zoning agreement addressing the development's landscaping, building and wall design, signs, vehicular access and the runway protection zone. At its May 17 meeting by a vote of 6-0, the Planning and Zoning Commission recommended approval of revisions to the Draft Conditional Zoning Agreement. Staff recommended approval in a report dated March 1. (1) Pubfic Hearing [continued from April 17 and May 1] (2) Consider an Ordinance (First Consideration) [deferred May 1] b. Public hearing on an ordinance changing the zoning code by amending ~ the Planned Development Housing Overlay, OPDH-8, plan for Arbor Hill, '~' ' an 8.2 acre 17-unit residential development, located north of Washington Street on Arbor Hill Circle. (REZ01-00006) Comment: At its May 3 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in an April 19 staff report. Action: ~,_2 ~_2~/'z~2 c. Public hearing on an ordinance changing the zoning designa~? designating the prope~ located at 307 East College Street (Old Carnegie Public Libra~) at the southeast corner of College and Linn Streets as an Iowa City Historic Landmark. Comment: At its May 10 meeting by a vote of 7-0 the Historic Prese~ation Commission recommended approval. At its May 17 meeting by a vote of 6-0 the Planning and Zoning Commission recommended approval. Staff recommended approval in a May 11 memorandum. Correspondence included in Council packet. June 12, 2001 City of Iowa City Page 8 d. Vacating Hemingway Lane west of Russell Drive. Comment: At its May 3 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in an April 27 memorandum. Staff recommends expedited consideration. (1) Public Hearing (2) Consider an Ordinance (First Consideration) e. Consider an ordinance changing the zoning designation of approximately 0.83 acres from public (P) to Central Business (CB-10) located south of Comment: At its April 19, 2001 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed mzoning. Staff recommended approval in a repo~ dated March 15, 2001. f. Consider an ordinance amending Title 14, Chapter 6, entitled "Zoning," A~icle E, entitled "Commercial and Business Zones," to allow municipally owned, mixed-use parking facilities in the Central Business Suppod Zone (CB-5) and the Central Business Zone (CB-10). First Consid ration) Comment: At its April 19, 2001 meeting, by , the Plan ng and Zoning Commission recommended approval of the proposed rezoning. Staff recommended approval in a memo dated April 12, 2001. g. Consider an ordinance amending the Sensitive Areas Overlay Plan for Walnut Ridge Pa~s 8, 9, and 10, an approximate 35.15-acre residential subdivision located on Kennedy Parkway. (REZ01-00003) (Second Consideration). Comment: At its April 5 meeting, by a vote of 6-1 (Erhardt voting no), the Planning and Zoning Commission recommended approval of the proposed Sensitive Areas Overlay Plan. Staff recommended denial in a repo~ dated March 15, 2001. Action: June 12, 2001 City of Iowa City Page 9 Oi~i~S' h. Consider a resolution approving the final plat of the Peninsula Neighborhood, a 12.09-acre. 47-1ot subdivision located at the west end of Foster Road. Comment: At its April 19 meeting, by a vote of 6-0, The Planning and Zoning Commission recommended approval subject to approval of legal papers and construction plans prior to Council consideration. Staff recommended approval in an April 19 staff report. Deferred May 15. ITEM NO. 7. CONVEYANCE OF THE PROPERTY KNOWN AS PENINSULA NEIGHBORHOOD, FIRST ADDITION, IN IOWA CITY, IOWA, TO TERRY L. STAMPER HOLDINGS, L.L.C. Comment: Pursuant to the Peninsula Neighborhood Development Agreement between the City of Iowa City and Terry L. Stamper Holdings, L.L.C. ("Stamper") approved by Resolution No. 00-231 of the City Council dated June 29, 2000, and amendments thereto ("Agreement"), Stamper has agreed to develop a tract of land known as the Peninsula Neighborhood. The City Council will consider and intends to approve the final plat of the Peninsula Neighborhood, First Addition, at its meeting scheduled for May 15, 2001. Pursuant to said Agreement, Stamper has agreed to purchase the Peninsula Neighborhood, First Addition, for a price equal to a per-unit base price of $3,171.00 multiplied by the total number of final site-plan approved units. This Resolution authorizes the City Council's conveyance of the above property to Stamper. Staff recommends closing the public hearing and indefinite deferral of resolution consideration. a. PUBLIC HEARING (continued May 15) b. CONSIDER A RESOLUTION AUTHORIZING (deferred May 15) June 12, 2001 City of Iowa City Page 10 ITEM NO. 8. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY KICKERS SOCCER PARK PARKING LOT RESURFACING 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 entails the installation of a 4-inch asphalt lift on the existing chip-seal surface on all three parking lots at the Iowa City Kickers Soccer Park. The project also includes striping, and may include expansion of two lots if funding allows. Completion of this project will help with dust control, help to organize the parking and may allow for additional parking. Estimated construction cost is $243,200 for the base bid plus $56,500 for the two potential expansions, which are being bid as alternates. The project is funded through G.O. Bonds. a. PUBLIC HEARING 51,:, b. CONSIDER A RESOLUTION APPROVING Action: ITEM NO. 9. CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE PARKING FEES IN IOWA CITY, IOWA. (FIRST CONSIDERATION) Comment: This ordinance increases the parking fees in the Capitol and Dubuque Street Parking Ramps and the Linn Street parking lot to $.60 per hour. It also establishes a fee of $.60 per hour for the Tower Place parking facility. In addition, the hourly rate in the Chauncey Swan Parking Ramp will be increased from $.40 per hour to $.50 per hour. All monthly parking permits will be increased by $5 per month. These increases are proposed to meet the new debt service required by the construction of Tower Place. Staff memorandum included in Council packet. June 12, 2001 City of Iowa City Page 11 ITEM NO. 10. CONSIDER AN ORDINANCE AMENDING TITLE 3 "CITY FINANCES, TAXATION, & FEES," CHAPTER 4 "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. (FIRST CONSIDERATION) Comment: The proposed ordinance would increase wastewater service charges by 5%. The effective date is for billings on and after August 1, 2001. ITEM NO. 11. CONSIDER AN ORDINANCE AMENDING THE CITY CODE OF THE CITY % OF IOWA CITY, IOWA, BY ENACTING NEW SECTIONS NUMBERED 4-2- 3, ENTITLED "LOCAL REVIEW OF APPLICATION/INVESTIGATION OF APPLICANT"; SECTION 4-2-4, ENTITLED "NOTICE AND HEARING"; AND SECTION 4-2-5, ENTITLED "CIVIL PENALTIES"; REVISING SECTION 4-5-4 ENTITLED "REGULATION OF PERSONS UNDER LEGAL AGE"; ENACTING A NEW SECTION 4-5-6 ENTITLED "SALES TO INTOXICATED PERSONS"; AND ENACTING A NEW SECTION 4-5-7 ENTITLED "LIMITATIONS ON SALES," ALL OF WHICH PROVIDE FOR THE REGULATION OF ALCOHOL SALES. (PASS AND ADOPT) Comment: A public hearing was held on February 6 and continued to February 20 on the proposed ordinance. Changes in the ordinance were made by staff at the request of the Council after the close of the hearings. This ordinance implements administrative penalties in accordance with State Code and prohibits out-of-sight sales and drink specials. Staff has sent a letter to current license holders offering them an opportunity to provide input concerning interpretation or enforcement of provisions regarding drink specials (Section 4-5-7, A and B). After discussion with license holders and input of Council, a revised ordinance was prepared and given first consideration on May 1. Correspondence included in council packet. Action: ITEM NO. 12. CONSIDER A RESOLUTION DIRECTING THE SALE OF $11,500,000 GENERAL OBLIGATION BONDS. Comment: Bids were received at 11:00 am on June 12, 2001 for the sale of $11,500,000 General Obligation Bonds. This resolution ratifies and confirms the actions of the City Clerk and Finance Director in the determination of the most favorable bid. A completed resolution will be presented will be presented to the City Council at the formal meeting the evening of June 12, 2001. Action: June 12, 2001 City of Iowa City Page 12 ITEM NO. 13. CONSIDER A MOTION APPROVING THE FORM OF TAX EXEMPTION CERTIFICATE TO BE PLACED ON FILE. Comment: This certificate is executed and delivered in connection with the issuance by the City of Iowa City of $11,500,000 General Obligation Bonds. This certificate sets out in detail a number of facts, promises and obligations which must be met and agreed to by the City in order to maintain these bonds as tax exempt. ITEM NO. 14. CONSIDER A MOTION APPROVING THE FORM OF CONTINUING DISCLOSURE CERTIFICATE TO BE PLACED ON FILE. Comment: This certificate is executed and delivered in connection with the issuance by the City of Iowa City of $11,500,000 General Obligation Bonds. The disclosure certificate is being executed and delivered for the benefit of the holders and beneficial owners of the bonds and in order to assist the participating underwriters in complying with the Securities Exchange Commission (SEC) Rule 15c2-12(b)(5). ITEM NO. 15. CONSIDER A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $11,500,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS. Comment: This resolution provides final authorization for issuance of the $11,500,000 General Obligation bonds. ITEM NO. 16. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND JAMES DUNCAN AND ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES FOR THE REDRAFTING OF DEVELOPMENT CODES, INCLUDING ZONING, SUBDIVISION AND SITE PLAN ORDINANCES. Comment: This agreement authorizes James Duncan and Associates to redraft the City's development codes based on the Development Regulations Analysis previously completed by the firm. The final product will be new codes which implement the Comprehensive Plan. The project is expected to be completed in 18 to 24 months at a cost of $103,500. Act,on: June 12, 2001 City of Iowa City Page 13 ITEM NO. 17. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'FrEST A CONTRACT FOR CONSTRUCTION OF THE FOSTER ROAD GRADING AND WATER MAIN PROJECT. Comment: The bid opening for this project was held on May 30, 2001 at 10:30 a.m. and the following bids were received: Maxwell Construction Iowa City, IA $1,228,678.20 TAB Construction Rock Island, IL $1,291,027.75 KRI Company Ames, IA $1,549,847.65 Tschiggfrie Excavating Co. Dubuque, IA $1,627,490.10 Engineer's Estimate $1,770,000.00 Public Works and Engineering recommend award of the project to Maxwell Construction of Iowa City, Iowa in the amount of $1,228,678.20. This project will be funded with Water & Sewer revenues and Road Use tax proceeds. ITEM NO. 18. CONSIDER A RESOLUTION AWARDING CONTRACT AND 1/01AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I'!'EST A CONTRACT FOR CONSTRUCTION OF THE LONGFELLOW/ TWAIN PEDESTRIAN TUNNEL PROJECT. Comment: The bid opening for this project was held on May 15, 2001 by the Iowa Department of Transportation and the following bids were received: Dixon Construction Co. Correctionville, IA $ 288,114.80 Peterson Contractors, Inc. Reinbeck, IA $ 324,268.38 Iowa Bridge & Culvert, L.C. Washington, IA $ 329,106.56 Tschiggfrie Excavating Co. Dubuque, IA $ 364,630.74 Engineer's Estimate $ 250,000.00 Public Works and Engineering recommend award of the project to Dixon Construction Co. of Correctionville, Iowa in the amount of $288,114.80. Funding will be provided by a $196,000 Federal Transportation Enhancement Program grant and the remaining balance by Road Use Taxes. Staff memorandum included in Council packet. June 12, 2001 City of Iowa City Page 14 ITEM NO. 19. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND o/-1~7.- DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATI'EST AN AGREEMENT BY AND BETVVEEN THE CITY OF IOWA CITY AND SHOEMAKER & HAALAND TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE CAPTAIN IRISH PHASE II AND FIRST AVENUE EXTENSION PROJECT. Comment: This agreement authorizes Shoemaker & Haaland to provide construction administration and construction observation services related to the Captain Irish (NKA Scott Boulevard) Phase II and First Avenue Extension Project. The total cost of the services is $96,825 and will be funded by General Obligation bonds and Road Use Tax. Action: ITEM NO. 20. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND f., .~ THE CITY CLERK TO ATTEST A FUNDING AGREEMENT BETWEEN THE UNIVERSITY OF IOWA AND THE CITY OF IOWA CITY REGARDING THE CONSTRUCTION OF THE MORMON TREK BOULEVARD IMPROVEMENTS PROJECT. Comment: This agreement establishes The University of Iowa contribution to the Mormon Trek Improvements Project, STP-U-3715(618)--70-51. The funding of this consists of $2 million of STP funds, $951,000 of City funds and $821,000 of University funds. The City portion includes funds for sanitary sewer force main upgrades. This agreement covers the cost for design, right of way, construction, inspection and landscaping. ITEM NO. 21. CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF A PUBLIC ALLEY RIGHT OF WAY AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MERCY IOWA CITY. Comment: This agreement will allow Mercy Hospital to expand the 20' alley located within the north side of the 500 block of Market Street to a 24' alley. The alley expansion would extend 4' beyond the public right-of-way onto Mercy Hospital's property. The alley expansion is being requested by Mercy Hospital to improve the alley for two-way traffic in connection with the expansion and renovation of the Emergency Care Unit. Public Works and Engineering recommend approval of the agreement. June 12, 2001 City of Iowa City Page 15 ITEM NO. 22. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATI'EST A SUBORDINATION AGREEMENT FOR 4 HEATHER COURT, BEL AIR SUBDIVISION, IOWA CITY, IOWA. Comment: When Bel Air Subdivision was platted in 1976, the developer's agreement required the installation of sidewalks adjacent to streets within the subdivision. All other requirements of the developer's agreement have been met and released, with the exception of sidewalks. Although the City has not required the installation of sidewalks per the agreement, the City wishes to reserve the right to require the installation of sidewalks in the future. It is reasonable to subordinate the City's lien for installation of sidewalks in order to allow the mortgage on the subject property to be marketed on the secondary mortgage market. This resolution authorizes the mayor to sign and the clerk to attest the subordination agreement for 4 Heather Court. Action: ITEM NO. 23. CONSIDER A RESOLUTION OF INTENT TO CONVEY THE PORTION OF HEMINGWAY LANE LOCATED WEST OF RUSSELL DRIVE TO STEVE KOHLI CONSTRUCTION, L.C., AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JUNE 26, 2001. Comment: When Southpointe Addition Part 7 (a resubdivision of a portion of Southpointe Parts 2 and 3) was designed, a portion of right-of-way previously dedicated to the City was to be utilized for stormwater management purposes and would no longer be used as a street. However, due to oversight, the former dedicated right-of-way was not formally vacated, although the replatted Southpointe Addition Part 7 was approved in 2000. This action will address any title objections raised as a result of the replatted right-of-way. Further, as the replatting of the subdivision results in fewer lots, a better stormwater management design, and more open space on this property, it is recommended that the property be conveyed to the developer without compensation to the City. Act,on: ITEM NO. 24. CONSIDER A RESOLUTION ESTABLISHING CLASSIFICATION/ COMPENSATION PLANS FOR CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY02 AND FY03. Comment: This is a two-year compensation plan for all administrative, confidential, and executive employees. It is consistent with adjustments to be made to the general employees' classified plan as a result of the recently negotiated, two-year collective bargaining agreement. Action: L,/ June 12, 2001 City of Iowa City Page 16 ITEM NO. 25. CONSIDER A RESOLUTION APPROVING ASSIGNMENT OF CABLE o1--I(,,<~ TELEVISION FRANCHISE FROM CABLEVISION VII, TO MEDIACOM COMMUNICATIONS CORPORATION AND ITS DESIGNATED AFFILIATE. Comment: Mediacom Communications Corporation meets all criteria for the transfer of the existing franchise from AT&T Broadband to Mediacorn. This transfer will be effective when ownership of the local system is legally transferred from AT&T Broadband to Mediacom. Staff memorandum included in Council packet. ITEM NO. 26. CONSIDER A RESOLUTION REQUIRING THAT CITY COUNCIL ol- I b~ APPOINTEES VOTE IN ACCORDANCE WITH CITY COUNCIL POLICY AS ESTABLISHED BY MOTION, RESOLUTION, OR ORDINANCE, AND ESTABLISHING THAT FAILURE TO DO SO SHALL BE JUST CAUSE FOR REMOVAL. Comment: This resolution is presented at the request of the Council. ITEM NO. 27A. CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF PENDING c, ~ - t ~e LITIGATION AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SETTLEMENT AGREEMENT AND RELEASE. Comment: This Resolution will confirm, ratify, and authorize the Mayor to sign and the City Clerk to attest a proposed settlement agreement and release involving pending litigation if the City approves of the settlement agreement during the executive session scheduled for Monday, June 11, 2001. ,,ct,o.: u,.-.,v_N, l ITEM NO. 28. PUBLIC DISCUSSION [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM NO. 29. ANNOUNCEMENT OF VACANCIES. Current Vacancies. a. Housing and Community Development - Three vacancies to fill a three-year term September 1, 2001 - September 1, 2004 (Term expires for Gretchen Schmuch, Lucia-Mai Page, April Gutting) (3 male and 3 females currently serve.) Deadline for application is 5:00 p.m., Wednesday, July 25, 2001 June 12, 2001 Agenda (additions) ITEM NO. 4g(16) Nancy Purington - Spath Dedication 4g(17) Judith Klinke - Letter encouraging contact with Southgate ITEM NO. 27b CONSIDER MOTION TO APPEAL THE DECISION OF THE ADMINISTRATIVE LAW JUDGE REGARDING THE LIQUOR CONTROL LICENSE FOR ETC. Comment: This motion will be the final decision available to C uncil prio. r to_t>h~ l~,~ appeal process. ITEM NO. 29 Current Vacancies c. Human Rights Commission - One vacancy to fill an unexpired term ending January 1,2003 (Mettie Thomopulos resigned) (3 males and 5 females currently serve.) Deadline for application is 5:00 p.m., Wednesday, July 25, 2001. / June 12, 2001 City of Iowa City Page 17 b. Police Citizens Review Board - Two vacancies to fill a fouRyear term September 1, 2001 - September 1, 2005 (Term expires for Paul Hoffey, Leah Cohen) (3 male and 0 females currently serve.) ,.~,.X,ZD adline for application is 5:00 p.m., Wednesday, July 25, 2001 Previously-Announced. c. Historic Preservation Commission - One vacancy to fill a three-year term March 29, 2001 - March 29, 2004 (Term expires for Marc Mills - Brown Street District). (2 male and 5 females currently serve.) Deadline for application is 5:00 p.m., Wednesday, June 20, 2001 d. Public Arts Advisory Committee - One vacancy for an Ad Professional to serve an unexpired term ending January 1, 2003 (Emily Vermillion resigned). (3 males and 3 females currently serve.) Correspondence included in Council packet. ~ .... 5:00 p.m., Wednesday, June 20, 2001 a. Library Board of Trustees - Three appointments to fill the-year terms July 1, 2001 - July 1, 2007 (Term expires for Mark Martin, Winston Barklay, Mary McMurray) (2 male and 4 females currently serve.) Correspondence included in Council packet. b. Planning & Zoning Commission - One ap ointment for an term ending May 1, 2002 (Marilyn Schintler resigned). (4 males and 2 females currently serve.) c. Deer Task Force - Approve a recommendation by the Deer Task Force to appoint Lezlie Hall as an At-Large member and Pete Sidwell as a NonGovernment Conservationalist for terms ending March 15, 2004. (4 females and 3 males currently serve.) Comment: At its June 4 meeting by a vote of 7-0 for each applicant, the Deer Task Force recommended Lezlie Hall and Pete Sidwell to fill current VacaRcjes. ITEM NO. 31. CITY COUNCIL INFORMATION. June 12, 2001 City of Iowa City Page 18 ITEM NO. 32. REPORT ON ITEMS FROM CITY STAFF. a. City Attorney. b. City Clerk. c. City Manager. ITEM NO. 33. ADJOURNMENT. City Council Meeting Schedule and June Tentative Work Session Agendas June 11 Monday 5:30p SPECIAL COUNCIL FORMAL MEETING Council Chambers No Dinner Executive Session - Pending and Imminent Litigation Provided 6:15p SPECIAL COUNCIL WORK SESSION Council Chambers · Review Zoning Items · Review Agenda Items · Council Appointments: Library Board of Trustees (3); Planning and Zoning Commission (1); Deer Task Force (2) · Traffic Calming · Hariocke-Weeber Land Acquisition · PCRB · Smoking in Restaurants · Council Time June 12 Tuesday 7:00p SPECIAL FORMAL COUNCIL MEETING Council Chambers June 25 Monday 6:30p SPECIAL COUNCIL WORK SESSION Council Chambers June 26 Tuesday 7:00p SPECIAL FORMAL COUNCIL MEETING Council Chambers July 4 Wednesday INDEPENDENCE DAY HOLIDAY - CITY OFFICES CLOSED Meeting dates/times subject to change FUTURE WORK SESSION ITEMS Dog Park Airport North Commercial Area Agreement Downtown Historic Preservation Survey Sidewalks Housing Enterprise Zones