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HomeMy WebLinkAbout2011-03-01 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. Iowa City City Council Agenda Regular Formal March 1, 2011 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street r ~ ~" ~~'`~~ • w„®,mil CI~T O IOWA CITY www.icgov.o ~.GI~C/ ITEM 1. CALL TO ORDER. ~,~-`~ ~~~ ~~-~ ~ ~~'y~/ ROLL CALL. - ~~iLIJ ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS- Helen Lemme Elementary a) Amelia Gordon b) Lucy McGehee c) Clarissa Woodw~ (~ . . C~ GO ITEM 3. PROCLAMATIONS. ~ ~> ~a,J~ a) Special Olympics Month - arch 2011 U`..~ ~~- ITEM 4. CONSIDER ADOPTION OF THE C NSENT CALENDAR AS PRESENTED OR AMENDED. a) Approval of Council Actions, subject to corrections, as recommended by the City Clerk: 1. February 14, Regular Council Work Session 2. February 15, 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. Human Rights Commission: January 18, 2011 2. Youth Advisory Commission: January 9, 2011 3. Planning and Zoning Commission: February 3, 2011 4. Housing and Community Development Commission: January 6, 2011 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class C Liquor License for Oyama Sushi Chen's, Inc., dba Oyama Sushi, 1853 Lower Muscatine Rd.. Renewal: 2. Class C Liquor License for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. March 1, 2011 City of Iowa City Page 2 3. Outdoor Service Area for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. 4. Special Class C Liquor License for Devotay, Inc., dba Devotay, 117 N. Linn St. 5. Special Class C Liquor License for Chansy Keomanivong dba Thai Spice Restaurant, 1210 S. Gilbert St. 6. Class B Beer Permit for Stuff, Corp., dba Godfathers Pizza, 531 Highway 1 W. 7. Class B Liquor License for RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S. Dubuque St. 8. Outdoor Service Area for RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S. Dubuque St. 9. Class C Liquor License for Etre Plaza Towers Restaurant, LLC, dba Formosa, 221 E. College St. 10. Class C Liquor License for Carl & Ernie Enterprises, LLC, dba Carl & Ernie's Good Time Pub & Grub, 161 Highway 1 W. 11. Outdoor Service Area for Carl & Ernie Enterprises, LLC, dba Carl & Ernie's Good Time Pub & Grub, 161 Highway 1 W. 12. Special Class C Liquor License for W & M, LLC, dba Thai Flavors, 340 E. Burlington St. 13. Class C Liquor License for Coach's Corner Sports Pub, LLC, dba Coach's Corner Sports Pub, 749 Mormon Trek Blvd. 14. Class C Liquor License for Kmarcella, Inc., dba Donnelly's Pub, 110 E. College St. 15. Special Class C Liquor License for Leaf, LLC, Leaf Kitchen, 301 'h Kirkwood Ave. t ~- 5c~ 16. Resolution to issue Dance Permits to RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S. Dubuque St. and Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. d) Motions. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $10,999,026.23 FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2011, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE. e) Resolutions. ~ ~ - s `7 1. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2010 STORM SEWER REHABILITATION PROJECT. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. March 1, 2011 City of Iowa City Page 3 ~i- 5$ 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS AND TENANT TAKANAMI LLC D/BIA TAKANAMI, FOR A SIDEWALK CAFE. Comment: University View Partners, as landowner, and Takanami LLC, d/b/a as Takanami, seek a renewal of a license agreement for temporary use of public right-of-way at 219 Iowa Avenue, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. ~ i- 5~ 3. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER ONE TEN PROPERTIES, LLC, AND TENANT KMARCELLA INC. D/BIA DONNELLY'S PUB, FOR A SIDEWALK CAFE. Comment: One Ten Properties, LLC, as landowner, and Kmarcella Inc., d/b/a as Donnelly's Pub, seek a renewal of a license agreement for temporary use of public right-of-way at 110 College Street, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. t ~ - loci 4. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LUBIN TRUST, AND TENANT MOTIF, LTD D/B/A BO-JAMES, FOR A SIDEWALK CAFE. Comment: Lubin Trust, as landowner, and Motif, Ltd., d/b/a as Bo- James, seek a renewal of a license agreement for temporary use of public right-of-way at 118 Washington Street, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. March 1, 2011 City of Iowa City Page ~ _ c~ ~ 5. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER PLAZA TOWERS LLC, AND TENANT ETRE PLAZA TOWERS RESTAURANT LLC D/B/A FORMOSA ASIAN CUISINE, FOR A SIDEWALK CAFE. Comment: Plaza towers LLC, as landowner, and Etre Plaza Towers Restaurant LLC, d/b/a as Formasa Asian Cuisine, seek a renewal of a license agreement for temporary use of public right-of-way at 221 College Street, #241, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. l~ ~ 6 a 6. 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 309 COLLEGE COURT, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 309. College Court. In 2010, 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. ~ ~ -- ~3 7. 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 609 MANOR DRIVE, IOWA CITY, IOWA. Comment: MidWestOne Bank has requested that the City approve a Subordination Agreement for property at 609 Manor Drive. In 2009, the owners of the property received a Retention Agreement and Deed Restrictions for flood rehabilitation assistance with state Jumpstart funds. The property has enough equity to cover the City's lien position. March 1, 2011 City of Iowa City Page 1, _ ~ ~ 8. 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 US BANK, NORTH LIBERTY, IOWA FOR PROPERTY LOCATED AT 2659 GABLE STREET, IOWA CITY, IOWA. Comment: US Bank has requested that the City approve a Subordination Agreement for property at 2659 Gable Street. 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. -1~~~ 9. 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 1026 OXEN LANE, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 1026 Oxen Lane. 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. f) Correspondence. 1. Dennis Donovan: Waterworks Sculpture Project [staff response included] 2. W.H. Kamery: Red Light Cameras 3. Gun ban: Ryan Helgerson, Gary Hughes, Kevin Koepnick, Judy Pfohl, Roger Richers, Joel Sauser, Reed White 4. Sanctuary City: Natalie Jones, J.J. De Ryke „~~,~~»~~m-,~J 5. Peter Franke: Joseph's bus stop [staff response included] 6. Scott Park Trail: Sara Cross (X2), Rockne and Susan Foreman, Kathryn Gerken _~ ~ 7. Martha Boysen: armers Market [staff response included] END OF CpNSENT DA4ENDAR. 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. /,,~.. r ~.~-~,®~~ C 1 T Y O F I O W A C I T Y ~''~'~~~ RA N D U N[ ~ EEO TO: General Public FROM: City Clerk RE .agenda CONSENT CALENDAR ADDITIONS 4f(4) Sanctuary City -Valerie Donohoe; Larry Klemesrud; Russell Haught; Denise Halter; Peter Small; Albert Gibson 4f (6) Scott Park Trail - Kelli Hinton; Margaret Winegarden; Marina Usacheva; Mary Ellen Hein; REGULAR AGENDA ADDITIONS Revised Agenda Item # 12: CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY2011 ELEVATOR MODERNIZATION PROJECT. Comment: Bids for this project were opened on Thursday, February 24th and the following bids were received: McComas-Lacina Construction Iowa City, IA $789,000.00 Calacci Construction Iowa City, IA $798,600.00 Engineer's Estimate $ 788,200.00 Public Works and Engineering recommend award of the contract to McComas-Lacina Construction of Iowa City, Iowa. The project will be funded with Parking Operations revenue and G.O. bond proceeds. March 1, 2011 City of Iowa City Page ITEM 6. PLANNING AND ZONING City Attorney's memo of communications.") MATTERS. (Item "a,b,c" will proceed as outlined in the 2/27/07 entitled "Rezonings, Due process and Ex parte a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR APRIL 5 ON AN ORDINANCE CONDITIONALLY REZONING 2.17 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF TAFT AVENUE AND COURT STREET FROM NEIGHBORHOOD COMMERCIAL (CN-1) TO PLANNED DEVELOPMENT OVERLAY-LOW DENSITY MULTI-FAMILY (OPD-RM12). (REZ10-00018) Comment: At its February 17 meeting, by a vote of 5-0 (Payne absent, Koppes abstained), the Planning and Zoning Commission recommended approval of the proposed rezoning subject to the conditions recommended in the staff report. Staff recommended approval in a report dated February 17, 2011, subject to compliance with the submitted building elevations, payment of the fair share of improvements to Taft Avenue, a maintenance agreement for parking spaces located on public property, and an agreement for replacement of any trees removed in the city park due to construction of the parking spaces. The rezoning will allow development of 24 townhouse-style residential units as Windsor Ridge Part 22. Action: b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR APRIL 5 ON A RESOLUTION ANNEXING 12.65-ACRES OF LAND LOCATED ON THE NORTH SIDE OF MORMON TREK BOULEVARD, NORTHEAST OF ITS INTERSECTION WITH DANE ROAD. (ANN11-00001) Comment: At its February 17 meeting, by a vote of 6-0 (Payne absent), the Planning and Zoning Commission recommended approval of this annexation. Staff recommended approval in a report dated February 3. Action: c) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR APRIL 5 ON AN ORDINANCE CONDITIONALY REZONING APPROXIMATLEY 12.65-ACRES OF LAND LOCATED ON THE NORTH SIDE OF MORMON TREK BOULEVARD, NORTHEAST OF ITS INTERSECTION WITH DANE ROAD FROM COUNTY AGRICULTURAL (A) TO INTENSIVE COMMERCIAL (C11). (REZ11-00004) Comment: At its February 17 meeting, by a vote of 6-0 (Payne absent), the Planning and Zoning Commission recommended approval of this rezoning subject to conditions pertaining to a landscape buffer and outdoor lighting. Staff recommended approval in a report dated February 3. Approval will allow this property to be developed with intensive commercial uses. Action: March 1, 2011 City of Iowa City Page 7 ITEM 7. CONSIDER A RESOLUTION GRANTING THE CITY MANAGER LIMITED ADMINISTRATIVE AUTHORITY TO MAKE DISBURSEMENTS FROM THE 11 _ ~,~ ECONOMIC DEVELOPMENT OPPORTUNITY FUND. Comment: At their meeting on Feb. 15, 2011, the City Council Economic Development Committee voted 2-0' (Hayek absent) to forward a recommendation for this authority to City Council. Granting administrative authority to the City Manager to make disbursements from the Economic Development Opportunity fund will aid in the responsiveness of the City to economic development requests requiring timely action. The funds have already been budgeted by City Council, the use of the funds must follow the economic development policies already in place and there are three stipulations required for the authority. For these reasons, requiring additional meetings of the Economic Development Committee for the use of the funds is redundant. Draft minutes from the February 15, 2011 meeting are included in the Information packet. Action: ITEM 8. CONSIDER A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2012. ~i~ ~`7 - Comment: A public hearing was held on February 15, 2011, to receive public input on the FY2012 Proposed Operating Budget. State law requires that the City adopt aone- year budget. Council now proceeds to adopt the annual budget for the fiscal year ending June 30, 2012 (FY2012), which must be certified to the Johnson County Auditor by March 15, 2011, in the format required by the State. Action: ITEM 9. CONSIDER A RESOLUTION APPROVING THE THREE-YEAR FINANCIAL PLAN rt ,. tog FOR THE CITY OF IOWA CITY, IOWA, AND THE FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM. Comment: A public hearing was held on February 15, 2011, to receive public input on the Three-Year Financial Plan for FY2012 - 2014 and multi-year Capital Improvements Program (CIP) for FY2011 through FY2015. Council now proceeds to adopt the Three-Year Financial Plan and Five-year Capital Improvement Program. Action: March 1, 2011 City of Iowa City Page 8 ITEM 10. 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 THE STATE OF IOWA-VISION IOWA BOARD FOR A RECAT GRANT (11-RECAT-003-TERRY TRUEBLOOD RECREATION AREA) Comment: The City has received a $1.6M grant from the State of Iowa, Vision Iowa Board for the development of the Terry Trueblood Recreation Area, in conjunction with the phased Master Plan of the park. Passage of this resolution would allow the Mayor to sign this contract to move ahead with the construction and completion of this project. Action: ITEM 11. CONSIDER A RESOLUTION ADOPTING A CITY OF IOWA CITY NAMING POLICY ! t ~ 76 FOR BUILDINGS, FACILITIES OR PARCELS OF REAL PROPERTY (DEFERRED FROM 2/15) Comment: This resolution submits a policy for naming rights for buildings, facilities or parcel of real property. This policy was developed by an ad-hoc committee of city staff and commissioners at Councils request. The adoption of this policy will assist in the fundraising efforts of City Departments and Commissions and establish guidelines for its use. Action: ITEM 12. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CO RACT FOR ~~^~ CONSTRUCTION OF THE FY2011 ELEVATOR MODERN PROJECT. ~~~~ Comment: Bids for this project wi eceived on Thursday, February 24, 2011. Public Works and Enginee ' i review the bids and a recommendation for award will be provided ncil at the Monday work session. The estimated construction cost is $ 0 and will be funded with Parking Operations revenue and G.O. bond Action: ~,'_,_-r,®~ CITY OF IOWA CITY ~ ~~~~~~~ . ,~®,~~ N D U ~ FORA ~E TO: General Public FROM: City Clerk RE: Addition to March1 agenda CONSENT CALENDAR ADDITIONS 4f(4) Sanctuary City -Valerie Donohoe; Larry Klemesrud; Russell Haught; Denise Halter; Peter Small; Albert Gibson 4f (6) Scot~P-ar rai - Kelli~m on, Winegarden; Marina Usacheva; Mary Ellen Hein; REGULAR AGENDA ADDITIONS Revised Agenda Item # 12: I I_ -71 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY2011 ELEVATOR MODERNIZATION PROJECT. Comment: Bids for this project were opened on Thursday, February 24th and the following bids were received: McComas-Lacina Construction Iowa City, IA $789,000.00 Calacci Construction Iowa City, IA $798,600.00 Engineer's Estimate $ 788,200.00 Public Works and Engineering recommend award of the contract to McComas-Lacina Construction of Iowa City, Iowa. The project will be funded with Parking Operations reven~ and G.O. bond proceeds. March 1, 2011 City of Iowa City Page 9 ITEM 13. 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) Airport Zoning Brd of Adjustment -One vacancy to fill an unexpired term, effective upon appointment, plus afive-year term January 1, 2007 -December 31, 2011. (Carl Williams resigned). b) Airport Zoning Brd of Adjustment -One vacancy to fill afive-year term January 1, 2009 -December 31, 2013. (Term expires for Dennis Keitel). c) Airport Zoning Commission -One vacancy to fill asix-year term January 1, 2006 -December 31, 2011. (Term expires for Mark Anderson). d) Airport Zoning Commission -One vacancy to fill asix-year term January 1, 2010 -December 31, 2015. (Term expires for Brian Sponcil) e) 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). f) Appeals, Board of -One vacancy to fill an unexpired term, effective upon appointment, ending December 31, 2014, for a Building Design Professional. (Unexpired term for Stephen Buckman) g) Historic Preservation Commission -Four vacancies to fill three-year terms March 29, 2011 -March 29, 2014. Two At-Large, one Longfellow District Representative, and one Northside District Representative. (Term expires for Andrew Litton, Thomas Baldridge, David McMahon, Dana Thomann). h) Metropolitan Planning Organization (MPO -formerly JCCOG) Community Climate Action Taskforce (formerly Cool Cities Taskforce) - One At- Large/Public vacancy to fill a one-year term, effective upon appointment, ending March 2012. (Term expires for Thomas Carsner). i) Telecommunications Commission - March 13, 2011 -March 13, 2014 Hagen) Two vacancies to fill three-year terms (Term expires for Nolan Klouda, Gary j) Youth Advisory Commission -One vacancy to fill atwo-year term January 1, 2011 -December 31, 2012 One (1) person -Tate High APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MARCH 16, 2011. March 1, 2011 City of Iowa City Page 10 k) Planning & Zoning Commission -Two vacancies to fill five-year terms May 1, 2011 -May 1, 2016. (Term expires for Joshua Busard, Charles Eastham) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MARCH 30, 2011. ITEM 14. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 15. CITY COUNCIL INFORMATION. ~®s ITEM 16. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. b) City Attorney. c) City Clerk. ITEM 17. ADJOURNMENT ~~~~ ~~~ / ~ ;~o ~~