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HomeMy WebLinkAbout2010-11-16 Agendac. ~h~o~t t~ manna ac finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. i r _,:.®~ Iowa City ~:~"'~-;~~ City Council Agenda c,T OF IOWA CITY Regular Formal November 16, 2010 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street www.ic ov.or OSS ~ o rte, ITEM 1. CALL TO ORDER. ~//~9 /~a~r ~*idso~l ROLL CALL. ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Shimek Elementary a) Natalie Holmes b) Megan Payne c) Emma Webber ~~ PX~ti ITEM 3. PROCLAMATIONS. a) Veterans Remembrance Day - N vember 11 (distributed 11/11/10 at Veterans Banquet) ~ ~c,~~ ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a) Approval of Council Actions, subject to corrections, as recommended by the City Clerk. 1. October 20, Special Council Work Session (Joint Meeting) 2. October 25, Special Council Formal Official and Complete 3. October 25, Special Council Work Session 4. October 26, Special 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. Telecommunications Commission: September 27, 2010 2. Planning and Zoning Commission: October 7, 2010 3. Police Citizens Review Board: October 12, 2010 4. Senior Center Commission: September 9, 2010 5. Housing and Community Development Commission: September 16, 2010 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class B Liquor License for POSH Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. Renewal: 2. Special Class C Liquor License for India Cafe Corporation, dba India Cafe, 227 E. Washington St. November 16, 2010 City of Iowa City Page 2 3. Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr. 4. Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr. 5. Class C Beer Permit for Aldi, Inc. dba Aldi, Inc. #6, 1534 S. Gilbert St. 6. Class C Liquor License for Suzster, Inc., dba Club Car, 122 Wright St. 7. Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St. 8. Outdoor Service Area for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St. to --~ 4'70 9. Resolution to issue Dance Permit for POSH Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. d) Resolutions. `0 ~ g' ~ 1. 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 UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 221 HUNTINGTON DRIVE, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 221 Huntington Drive. In 2009, the owner of the property received a Forgivable Mortgage from the City of Iowa City. The property has enough equity to cover the City's lien position. 14.,. ~.7a 2. 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 UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1855 RICHMOND LANE, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 1855 Richmond Lane. On March 2, 2010 the owner of the property received a Forgivable Mortgage from the City of Iowa City. The property has enough equity to cover the City's lien position. November 16, 2010 City of Iowa City Page 3 ~p -- ~}-7 3 3. 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 UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1073 WALKER CIRCLE, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 1073 Walker Circle. On February 19, 2010 the owner of the property received a Forgivable Mortgage from the City of Iowa City. The property has enough equity to cover the City's lien position. i ~ - ~ 7 ~}- 4. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 726 KEOKUK COURT, IOWA CITY, IOWA. Comment: MidWestOne Bank has requested that the City approve a Subordination Agreement for property at 726 Keokuk Court. In 2007, the owner of the property received a Mortgage from the City of Iowa City. The property has enough equity to cover the City's lien position. I p - ~ 7S 5. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 217 HUNTINGTON DRIVE, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 217 Huntington Drive. In 2009, the owners of the property received a Forgivable Mortgage from the City of Iowa City. The property has enough equity to cover the City's lien position. gyp.. ~-~~ 6. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1112 2"d AVENUE, IOWA CITY, IOWA. Comment: The owners of the property located at 1112 2nd Avenue received assistance through the City of Iowa City's Housing Rehabilitation Program. The loans have been paid off; thus the liens need to be released. November 16, 2010 City of Iowa City Page 4 ~ -- 4-?? 7. 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 1020 ROCHESTER AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 1020 Rochester Avenue received assistance through the City of Iowa City's Housing Rehabilitation Program. The loan has been paid off; thus the lien needs to be released. ~ O -- ~`I'g 8. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1634 WILSON STREET, IOWA CITY, IOWA. Comment: The owner of the property located at 1634 Wilson Street 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. io - 4~9 9. 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 1215 2"d AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 1215 2nd Avenue received assistance through the City of Iowa City's Targeted Area Rehabilitation Program (TARP). The loan has been paid off; thus the lien needs to be released. o -- ~4-'~~ 10. CONSIDER RESOLUTION ACCEPTING THE WORK OF THE CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE ONE PROJECT. Comment: On September 15, 2009, a contract was entered into with Howery Construction of Rockwell City, for construction of the Terry Trueblood Recreation Area Phase One Project. The total contract amount is $362,935.39; all work covered by the contract has been completed, all required paperwork has been submitted and all invoices have been paid, other than a five percent retainage fee. ~o- 4S I 11. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2010 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. Staff memorandum included in Council packet. November 16, 2010 City of Iowa City Page 5 . ~ a " ~-$ c`~ .12. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2010 WATER MAIN DIRECTIONAL BORING PROJECT. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. See memo included with Item 11. o - 1I' g3 13. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE CAPITOL STREET RAMP DOOR AND WINDOW REPLACEMENT PROJECT. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. See memo included with Item 11. tv -- ~q-g4 14. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS - PROJECT #3. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. See memo included with Item 11. y ~ 4g~ 15. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE CDG ASBESTOS ABATEMENT #2 -SHOWERS ADDITION. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. See memo included with Item 11. !f~ - 1} ~~ 16. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY ACQUISTION ASBESTOS ABATEMENT -PROJECT #2. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. See memo included with Item 11. November 16, 2010 City of Iowa City Page 6 ~~ - ~g ? 17. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING IMPROVEMENTS FOR KENNEDY'S WATERFRONT ADDITION - PART FIVE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. ra~ ¢g8. 18. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER PUBLIC IMPROVEMENTS FOR THE SOUTH GILBERT STREET BUS FACILITY (AUDITOR'S PARCEL NO. 2007065). Comment: See Engineer's Report. ~t7 . 9- ~{ q 19. CONSIDER A RESOLUTION CANCELLING THE PUBLIC HEARING ON NOVEMBER 16, 2010 ON THE CONVEYANCE OF 416 DOUGLASS COURT AND RESCINDING RESOLUTION NO. 10-444. Comment: Resolution No. 10-444 set a public hearing on the conveyance of 416 Douglass Court. The City acquired this as part of the UniverCity Neighborhood Partnership Program that allows the City to purchase twenty-five rental units located in designated neighborhoods surrounding the University, rehabilitate them with up to $50,000 in grant funds, and then sell them to income-eligible buyers. Because the tentative buyers have withdrawn their offer, the public hearing needs to be cancelled. ! o -- .4-c1o 20. CONSIDER A RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT O, WINDSOR RIDGE- PART THIRTEEN, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE. Comment: Arlington Development, Inc. desires to dedicate Outlot O to the City pursuant to the Subdivider's Agreement the City entered into with Arlington at the time the Final Plat for this subdivision was approved. Staff has inspected the outlot and finds that all conditions for acceptance have been met. ro- 4`II 21. CONSIDER A RESOLUTION ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO A STORM WATER RAINAGE EASEMENT AGREEMENT FOR MOUNT PROSPECT ADDITION, PART IX, IOWA CITY, JOHNSON COUNTY, IOWA. Comment: After improvements for this subdivision were installed, it was determined that a drainage swale was necessary and therefore the Owner, The Housing Fellowship, has agreed to dedicate this storm water drainage easement to the City. Staff recommends approval of this dedication. November 16, 2010 City of Iowa City Page 7 e) Correspondence. 1. JCCOG Traffic Engineering Planner: Installation of two bus stop signs for northbound and southbound traffic in front of 2533 Scott Boulevard. Removal of bus stop located on the southeast corner of the intersection of Scott Boulevard and Freedom Court. 2. JCCOG Traffic Engineering Planner: Installation of on-street metered parking spaces and establishment of parking meter terms on the 800 block of South Clinton Street. 3. Cynthia Jewell: Property tax relief [staff response included] 4. Tim Borchardt: 2401 Hwy 6 E 5. James Hayes: Court Street traffic problems 6. Joel Wilcox: Taft Speedway/Idyllwild flood mitigation project 7. Denise Swartzendruber: Tammara Meester 8. Brad Jones: Scott Boulevard [staff response included] 9. Sanctuary City: John McKinstry, Kerry Schueler(x2), Liz Smothers, Carolyn Walker 10. 21-Only Ordinance: Gabe DeJong, Rhys Jones and Valerie Chittick, Misael Martinez, Kevin McVey 11. Dan Lechay(X2): Proposed pedestrian crossing at SummitlKirkwood intersection C..S't-4{-~ rQSQz ~SE- ~, r `~ ~,~~~,~ 12. Carol Seydel: Iowa River levee 13. Scott Dragoo: Community Policing [staff response included] 14. Janice Horak: Thank You for Community Event Funding Grant 15. Libris Fidelis: MegaBus END OF CONSENT CALENDAR. ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. _~ , November 16, 2010 City of Iowa City Page 8 ITEM 6. PLANNING AND ZONING MATTERS. (Items "a,b,c" will proceed as outlined in the City Attorney's memo of 2/28/07 entitled "Rezonings, Due process and Ex parte communications.") a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR NOVEMBER 30 ON AN ORDINANCE REZONING 1.38-ACRES OF LAND LOCATED AT 385 RUPPERT ROAD FROM TENSITVE COMMERCIAL (CI-1) TO INSTITUTIONAL PUBLIC ZONE (P-2) (REZ10-00009) Comment: At its October 21 meeting, by a vote of 6-0 (Freerks absent), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated October 21, 2010. Approval will allow this property to reflect ownership by the University of Iowa for use as a helipad. Action: ~rl~lih`~/ ~~t~~~;~i~-~ ,; ,, ,~. ., t+Y~ 5 Q%it'k~ b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR NOVEMBER 30 ON AN ORDINANCE REZONING THE FOLLOWING PROPERTIES OWNED BY THE CITY OF IOWA CITY TO NEIGHBORHOOD PUBLIC (P-1) ZONE: FROM OVERLAY PLANNED DEVELOPMENT LOW DENSITY (OPD-5) ZONE FOR PROPERTIES LOCATED IN DEAN OAKES SIXTH ADDITION, THORNBERRY DOG PARK AND PENINSULA PARK, AND OAKMONT ESTATES; FROM OVERLAY PLANNED DEVELOPMENT LOW DENSITY (OPD-5) ZONE AND INTERIM DEVELOPMENT MULTI-FAMILY RESIDENTIAL (ID-RM) ZONE FOR PROPERTY LOCATED IN SAND HILL PARK; FROM OVERLAY PLANNED DEVELOPMENT MEDIUM DENSITY (OPD-8) ZONE FOR FRAUENHOLTZ-MILLER PARK; FROM LOW DENSITY SINGLE FAMILY (RS-5) ZONE FOR PROPERTY LOCATED IN COUNTRY CLUB ESTATES, TERRELL MILL PARK AREA, AND WEST OF SCOTT BOULEVARD; FROM INTERIM DEVELOPMENT MULTI-FAMILY RESIDENTIAL (ID-RM) ZONE FOR PROPERTY LOCATED NORTH OF MCCOLLISTER BOULEVARD (REZ10-00011) Comment: At its October 21 meeting, by a vote of 6-0 (Freerks absent), the Planning and Zoning Commission recommended approval of these rezonings. Staff recommended approval in a report dated October 21, 2010. Approval will allow these properties to reflect ownership by the City of Iowa City of these properties which are used for neighborhood open space, storm water management areas and a municipal water reservoir. Action: ~t ai ~~ / ~i`c November 16, 2010 City of Iowa City Page 9 ~o--¢-~¢/3 c) CONSIDER AN ORDINANCE REZONING APPROXIMATELY 207 ACRES OF LAND LOCATED EAST OF IOWA RIVER, SOUTH OF MCCOLLISTER BOULEVARD, AND WEST OF SAND ROAD FROM COUNTY AGRICULTURAL RESIDENTIAL (AR) TO NEIGHBORHOOD PUBLIC (P-1 ). (REZ10-00010) (SECOND CONSIDERATION) Comment: At its October 7 meeting, by a vote of 6-0 (Payne absent), the Planning and Zoning Commission recommended approval of the proposed rezoning. Staff recommended approval in a report dated October 7, 2010. The land proposed for rezoning is the Sand Lake area to be developed as a public park-the Terry Trueblood Recreation Area. Staff requests expedited action. i~~ Action: o - 4.4-1 q- d) - __ ~ /~J~%17S CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 5, ARTICLE J. FLOODPLAIN MANAGEMENT STANDARDS TO REGULATE THE 100 AND 500 YEAR FLOODPLAIN AND ASSOCIATED CHANGES TO 14-9F FLOOD PLAIN MANAGEMENT DEFINITIONS, 14-46-2 VARIANCES AND 14-8B-5 FLOOD PLAIN DEVELOPMENT PERMIT. (SECOND CONSIDERATION) d Comment: At its September 2 meeting, by a vote of 5-1 (Payne voting no, Koppes absent), the Planning and Zoning Commission recommended approval of these amendments. Staff recommended approval in a memorandum dated June 14. Council continued the public hearing to the October 26 meeting to provide time for the Iowa Department of Natural Resources (DNR) to comment on the proposed amendments. Since Council's last meeting, Staff have received comments from the DNR and have incorporated several minor changes into the proposed ordinance amendments. Staff requests expedited action. Action: ~~ d ; ~-'a~ l~ ri c r~z Cl~r ~ ~ ~ ~ s ~Z~ November 16, 2010 City of Iowa City Page 10 ITEM 7. DETERMINING THE TOWNCREST URBAN RENEWAL AREA OF THE CITY TO HAVE CONDITIONS OF SLUM AND BLIGHT AND TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE TOWNCREST URBAN RENEWAL PLAN THEREFOR. Comment: The proposed Towncrest Urban Renewal Plan governs approximately 49.3 acres at the corner of First Avenue and Muscatine. The proposed plan, as required by state law, has not yet been reviewed for its conformity with the Comprehensive Plan for Iowa City by the Planning and Zoning Commission. Planning and Zoning will consider the item at their meeting on November 18, 2010. The required consultation with the other taxing entities in the county was held October 15. Adopting the proposed plan is the first step in establishing a tax increment financing district for the urban renewal area. A memo included explains the staff recommendation to continue the public hearing until after the review by Planning and Zoning Commission. a) PUBLIC HEARING Action: b) CONSIDER A RESOLUTION Action: ,~~ Gt b_d~'~G _~' - 'U ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS,".CHAPTER 2, ENTITLED "TAXICABS", SECTION 10, "TERMS OF DECALS AND AUTHORIZATION; RENEWALS" TO CHANGE DRIVER AUTHORIZATIONS TO BE VALID FOR ONE YEAR AND PLACE RESPONSIBILITY FOR MAINTAINING A VALID IOWA CHAUFFEUR'S LICENSE ON THE DRIVER AND THE TAXICAB BUSINESS. (FIRST CONSIDERATION) Comment: In April the State of Iowa implemented a new procedure for issuance and/or renewal of drivers license which provides fora 30 day temporary license. To avoid the necessity of a driver having to return to the City twice, once with the temporary and a second time with the final issued license, this ordinance clarifies language that the driver and taxicab business are responsible for ensuring every driver have a valid chauffeur's license. The City will continue to verify a valid chauffeur's license prior to adding the driver to the City's authorization list. Action: C~9/Ztt~,~i~h~_ / //i'G'~os~ s ~~~G ~' 1c~ November 16, 2010 City of Iowa City Page 11 ITEM 9. CONSIDER A RESOLUTION APPROVING FUNDING FOR BARONCINI, LLC FROM ,d _ ~,r~ ~,. IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Comment: On November 8, 2010 the City Council Economic Development Committee recommended $35,000 in funding for this project from the CDBG Economic Development Fund. (Draft minutes are included in Council's Information Packet). The Council Economic Development Committee has recommended that these funds be as a loan at 1 % interest for a maximum term of 7 years. Due to the quality of the business plan, prior experience and education in the restaurant industry and a history of paying loan obligations, the committee recommended funding this business expansion even though the loan will not be fully secured. The loan will be partially secured by a lien on the owner's personal vehicle. Said project will create six full time equivalent positions for low-to-moderate income persons. For more information see staff memo. Action: ITEM 10. CONSIDER A RESOLUTION APPROVING AN ENVIRONMENTAL COVENANT WITH a - y-9 3 MID-AMERICAN ENERGY, THE ENVIRONMENTAL PROTECTION AGENCY, THE IOWA DEPARTMENT OF NATURAL RESOURCES, AND IOWA-ILLINOIS SQUARE, LLC, REGARDING THE SUPERFUND SITE NEAR THE INTERSECTION OF BURLINGTON AND VAN BUREN STREETS, AS WELL AS A SIDE AGREEMENT WITH MID-AMERICAN ENERGY. Comment: The Environmental Protection Agency has approved a remediation plan for the superfund site, which would limit the City's ability to excavate in a small area of Ralston Creek adjacent to the Site. The Side Agreement makes clear that any costs to the City attributed to the presence of the Superfund site would be covered by Mid- American Energy, the successor in interest to the Potentially Responsible Party. Action: lUV j !' y/ ors 7 ~ November 16, 2010 City of Iowa City Page 12 ITEM 11. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE ~a- -gq-+}-- MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE 2 IMPROVEMENTS PROJECT. (DEFERRED FROM 10126) Comment: Bids for this project were opened on Thursday, October 21, 2010 and the following bids were received: Base Bid Alternate 1 Tricon General Construction Dubuque, IA $1,187,000.00 $5,089.00 McComas Lacina Const. Iowa City, IA $1,233,277.00 $10,000.00 Wendler Construction South Amana, IA $1,305,317.00 $21,545.00 Engineer's Estimate $1,330,500.00 Parks & Recreation recommend awarding the contract, including Alternate 1, to Tricon General Construction of Dubuque, Iowa in the amount of $1,192,089.00. The project will be funded with a REAP grant of $200,000 and the remainder from General Obligation bond proceeds. Action: ITEM 12. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE J ~ ^ ~.c~ S MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HNTB CORPORATION TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DUBUQUE STREET ELEVATION AND PARK ROAD BRIDGE RECONSTRUCTION PROJECT. Comment: This agreement will provide engineering design and related services, from concept planning through final design and bid documents, for the elevation of Dubuque Street and Park Road Bridge at a minimum to the 500 year event. This will result in increased reliability of the roadway and minimization of backwater created by the bridge during flood events. The project includes improvements to traffic capacity constraints at Dubuque Street intersections, improvements to the continuity and safety of the Iowa River Corridor Trail, accommodation for multi-modal transportation, improved way-finding and signage and project integration with the topography and aesthetic beauty of the existing corridor features. The contract amount is not-to- exceed $4,767,434.36. Funding sources for this project include $3 million EDA grant (63% of total cost) and local contributions (37% of total cost). Please see the attached memo from staff for additional information. Action: ITEM 13. CONSIDER A RESOLUTION ESTABLISHING CITY OF IOWA CITY 2011 !O _ .¢q ~, LEGISLATIVE PRIORITIES Comment: The resolution reflects the priorities agreed upon by Council during its October 25 work session discussion. These priorities will be conveyed to area State legislators prior to Council's meeting with them on November 29, 2010. Action: ~ ~ " / i irz ,~~ ~~ ~ra.~ ~~~ 7 ~ November 16, 2010 City of Iowa City Page 13 ITEM 14. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. a) Airport Commission -One vacancy to fill an unexpired term, effective upon appointment, endi~r~g March 1, 2013. (Greg Faris designed) ~ilb'~c ~~ ~~ ~~~ b) Airport Zoning Brd of Adiustment -One vacancy to fill an unexpired term, effective upon appointment, plus afive-year term January 1, 2007 -December 31, 2011. (Carl Williams resigned). ~ ~~a~~o .~~ v> c) Airport Zoning Brd of Adiustment -One vacancy to fill afive-year term January 1, 2009 -December 31, 2013. (Term expires for Dennis Keitel). ~~~~~ d) Airport Zoning Commission -One vacancy to fill asix-year term January 1, 2006 -December 31, 2011. (Term expires for Mark Anderson). e) Airport Zoning Commission -One vacancy to fill asix-year term January 1, 2010 -December 31, 2015. (Term expires for Brian Sponcil) f) Appeals, Board of -One vacancy to fill afive-year term January 1, 2009 - December 31, 2013, for a Mechanical Professional. (Term expires for Tim Fehr). ~o ,Q~,~ ~ ~~ ~~ g) Police Citizens Review Board -One vacancy to fill an unexpired term, effective upon appointment, ending September 1, 2012. (Angelina Blanchard-Manning h) Telecommunications Commission -One vacancy to fill an unexpired term, effective upon appointment, ending March,13, 2011., Robert Kemp resigned) i) Youth Advisory Commission -One vacancy to fill an unexpired term, effective upon appointment, ending December 31, 2011. (Gary Black resigned) One (1) person - At Large November 16, 2010 City of Iowa City Page 14 j) Youth Advisory Commission -One vacancy to fill atwo-year term January 1, 2009 -December 31, 2010 One (1) person -Tate High Comment: No applications were received and vacancy has been advertised as a full term. No re-advertisement is necessary. ITEM 15. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Previous: a) Adjustment, Board of -One vacancy to fill afive-year term January 1, 2011 - January 1, 2016. (Term expires for Le Ann Tyson) b) Appeals, Board of -One vacancy to fill afive-year term January 1, 2011 - December 31, 2015, fora Licensed Electrician. (Term expires for Matt Neumiller) c) Parks & Recreation Commission -Two vacancies to fill four-year terms January 1, 2011 -January 1, 2015. (Term expires for David Bourgeois, Craig Gustaveson) d) Public Art Advisory Committee -Two vacancies to fill three-year terms January 1, 2011 -January 1, 2014. (Term expires for Annadora Khan, Jan Finlayson) e) Youth Advisory Commission -Two vacancies to fill two-year terms January 1, 2011 -December 31, 2012. (Term expires for Luan Heywood, Zach Wahls) One (1) person -City High One (1) person -West High f) Youth Advisory Commission -One vacancy to fill a two-year term January 1, 2011 -December 31, 2012 One (1) person -Tate High APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, DECEMBER 1, 2010. New: 4~ Housing & Community Development Commission -One vacancy to fill an ~~s ~ ~ g) unexpired term, effective upon appointment, ending September 1, 2011. (Andy ~}'~ ~ Douglas resigned) /E'~ ~~ See correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, DECEMBER 22, 2010. November 16, 2010 City of Iowa City Page 15 ITEM 16. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ~~ s ITEM 17. CITY COUNCIL INFORMATION. ~o ~x ~ ITEM 18. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. ~~ ° b) City Attorney. ' ~ "~ c) City Clerk. - ~ .. ITEM 19. CONSIDER A MOTION TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS STRATEGY WITH COUNSEL IN MATTERS THAT ARE PRESENTLY IN LITIGATION OR WHERE LITIGATION IS IMMINENT WHERE ITS DISCLOSURE WOULD BE LIKELY TO PREJUDICE OR DISADVANTAGE THE POSITION OF THE GOVERNMENTAL BODY IN THAT LITIGATION; AND TO ADJOURN TO EXECUTIVE SESSION TO EVALUATE THE PROFESSIONAL COMPETENCY OF INDIVIDUALS WHOSE APPOINTMENT, HIRING, PERFORMANCE OR DISCHARGE IS BEING CONSIDERED WHEN NECESSARY TO PREVENT NEEDLESS AND IRREPARABLE INJURY TO THAT INDIVIDUALS' REPUTATIONS AND THOSE INDIVIDUALS REQUESTED A CLOSED SESSION (City Attorney 8~ City Clerk) ~~, - _ i~/~~~~i~~~4, ITEM 20. ADJOURN t ~~