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Home My WebLink About2011-05-03 Agendasubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. ~j,2g~~LCu~ -- ~uir -~ ~~~,~' Iowa City ~;;~~ ~,~~.~ City Council Agenda -~-- CITY OF IOWA CITY ~~~ Regular Formal ~~~ ~E~~ May 3, 2011 - 7:00 p.m. ~~~ ,,~; ~aaey City Hall - Harvat Hall `~`~~~~d1lll~t/ 410 E. Washington Street ~(AZI~'I~,~y,,,,~~ ~ www.ic ov.or ITEM 1. CALL TO ORDER. ~~~~~/i~G~~~ ROLL CALL. ~ ~ `~ ~~~ J ITEM 2. PROCLAMATIONS. ~~ ~ v ' a) Older Americans Month in Iowa City -May 2011 ~ pp) Bicy.~e Month - Ma 2011 ~dv~n.~ J.u.~~J~ , ~ ~J ~.1 G ITEM 3. 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 18, Regular Council Work Session 2. April 19, 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. Board of Adjustment: March 9, 2011 2. Historic Preservation Commission: March 10, 2011 3. Housing and Community Development Commission: March 10, 2011 4. Housing and Community Development Commission: March 17, 2011 5. Planning and Zoning Commission: April 7, 2011 6. Airport Commission: March 10, 2011 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class C Liquor License for Jimmy Jack Mac, Inc., dba Basta, 121 Iowa Avenue. 2. Class C Liquor License for I.C. Raw, LLC, dba The Summit Restaurant & Bar, 10 S. Clinton Street. Staff recommends .Genial. (See memo from the Iowa City Building Official included in council's packet.~Y~,G.~~ Permanent Transfer: 3. Class E Liquor License for Wal-Mart Stores, Inc., dba Wal-Mart Store #1721, 1001 Highway 1 West, to 919 Highway 1 West. May 3, 2011 City of Iowa City Page ~i_ f~7 4. Resolution to issue Dance Permit to I.C. Raw, LLC dba The Summit Restaurant & Bar, 10 S. Clinton Street. Staff recommendst~roG`t a~~ d) Public Hearings: r ~~g 1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON AMENDING THE FY2011 OPERATING BUDGET. Comment: This resolution sets a public hearing for May 17, 2011 to amend the FY2011 budget. Information will be available to the public on May 6, 2011. ~ _ ~ ~~ 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON MAY 17, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project will include construction of the infrastructure for phase 1 of the Iowa City Industrial Campus. The Industrial Campus is a development along 420th Street targeted for the wind energy market. The estimated construction cost is $3,650,000 and will be funded by a loan from the landfill to be repaid by the General Fund. ri ~ ~ ~ ~ 3. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON MAY 17, 2011, ON AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, "STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. Comment: This resolution sets a public hearing on a proposed rate increase to the stormwater utility fee as approved in the FY2012 budget. r ^~_,;,®~,~ CITY OF IOWA C[TY ~'~~~~ N D [~ M MENi~RA TO: Mayor, City Council, General Public FROM: City Clerk RE: May~3~Revisions ~onsent Calendar: 3c(2) Permit Motions and Resolutions as Recommended by the City Clerk: New (REVISED) Class C Liquor License for I.C. Raw, LLC, dba The Summit Restaurant & Bar, ~' 10 S. Clinton Street. Staff recommends Oe-~+al approval (See memo from the Iowa City '~, Building Official included in council's packet.) i Permanent Transfer: ~ (4) (REVISED) Resolution to issue Dance Permit to I.C. Raw, LLC dba The Summit ~~ Restaurant & Bar, 10 S. Clinton Street. Staff recommends ~eaial approval. ****** ITEM 19 (REVISED) CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2011 WALES STREET WATER MAIN IMPROVEMENTS PROJECT. Comment: Bids for this project were opened on Thursday, April 28, 2011, and the following bids were received: Carter & Associates Coralville, IA $73,111.00 Lynch Excavating West Branch, IA $82,653.50 Maxwell Construction Iowa City, IA $95,740.00 Volkens, Inc. Dyersville, IA $96,812.00 Engineer's Estimate ~ ~ u~,uuu.uu Public Works and Engineering recommend award of the contract to Carter & Associates. of Coralville, Iowa. The project will be funded Water revenues. May 3, 2011 City of Iowa City Page 3 e) Resolutions. ~ s~ 1, CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE LISTING AGREEMENT WITH SKOGMAN REALTY FOR AVIATION COMMERCE PARK TO ADD A LEASE RATE SCHEDULE. Comment: The listing agreement to sell and lease the property known as Aviation Commerce Park ("ACP") executed by the Airport Commission, the City Council, and Skogman Realty does not contain a lease rate schedule. This amendment adds lease rate schedule (the agreement does include a commission rate for sales), which is attached to the resolution. The Airport Commission approved the amendment at its meeting on April 14, and draft minutes are in the Council Information packet. ~ I ~ ~ ~ ~ 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, CEDAR RAPIDS, 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. In 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. r t-- t 5 3 3. 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 1126 ESSEX STREET, IOWA CITY, IOWA. Comment: The owners of the property located at 1126 Essex Street received assistance through the City of Iowa City's Housing Rehabilitation Program. The owners' primary lender has filed a foreclosure action. The owners accepted an offer contingent on the City agreeing to release its lien even though its loan will not be fully paid at closing. The City will receive $20,627.93 at closing leaving a balance due on the loan of $2,719.37. The owners have agreed to a payment plan to pay off the loan balance. Staff recommends that the City release the lien. If the property is foreclosed and the sale does not go through, the City's lien with be extinguished and the City likely would receive no money at the sheriff's sale. May 3, 2011 City of Iowa City Page f) Correspondence. 1. Rick Dvorak: Iowa City/Johnson County Fringe Area Agreement 2. Jason Helgeson: Do not bite the hand that feeds you 3. Kathryn Kunert: MidAmerican Community 2010 Annual Report 4. Henri Harper: Thank you END OF CONSENT CALENDAR. 4 r~~ ~/O ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. ~~ ITEM 5. PLANNING AND ZONING MATTERS. (Item "a,b,c,d,e" 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 MAY 17 ON AN ORDINANCE REZONING APPROXIMATELY 23.22 ACRES OF LAND LOCATED AT 2949 ROCHESTER AVENUE FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS-5) ZONE TO PLANNED DEVELOPMENT OVERLAY-LOW DENSITY SINGLE FAMILY (OPD-5) ZONE. (REZ11-00001) Comment: At its April 21 meeting, by a vote of 6-0 (Freerks absent), the Planning and Zoning Commission recommended approval of the proposed rezoning. Staff recommended approval in a memo dated April 21. The proposed rezoning will allow development of Rochester Ridge, a 55-lot single family subdivision while mitigating for disturbance of wetlands and other sensitive features on the site. Action: May 3, 2011 City of Iowa City Page 5 b) CONDITIONALLY REZONING APPROXIMATELY 10.39 ACRES LOCATED AT 1725 NORTH DODGE STREET OWNED BY THE PRESS-CITIZEN COMPANY FROM RESEARCH DEVELOPMENT PARK (RDP) TO NEIGHBORHOOD PUBLIC (P1). (REZ11-00006) Comment: At its April 7 meeting, by a vote of 6-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval of this rezoning, subject to a conditional zoning agreement that addresses the need to preserve the site's environmentally sensitive features and maintain the area as an attractive entryway into the city. Staff recommended approval in a report dated April 7. Approval will allow this property to be used for the Iowa City Community School District Administrative Offices. a) PUBLIC HEARING ~~/~~~f~z ~"~s ~~~~K~ Actian: b) CONSI--•------------------.- - Action: ~z'~ ~/~~-~ r•2 ~ ' d c) APPROVING AN AMENDED PLANNED DEVELOPMENT OVERLAY (OPD-5) PLAN FOR VILLAGE GREEN PART XX, LOT 50 (WELLINGTON CONDOMINIUMS), IOWA CITY, IOWA (REZ11-00007) :~ `~~ L~~ Comment: At its April 7 meeting, by a vote of 6-0 (Plahutnik absent), the Planning and Zoning Commission recommended approval. of this rezoning. Staff recommended approval in a report dated April 7. Approval will allow the condominiums to be developed with 3-stall garages. a) PUBLIC HEARING Action: ~> E' x°I'rui (.'~l0 5,r°_~ b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: May 3, 2011 City of Iowa City Page 6 ~~ _ ~~~~ d) CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 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) (PASS AND ADOPT) 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: e) CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 12.72-ACRES OF LAND LOCATED AT MORMON TREK BOULEVARD AND DANE ROAD FROM COUNTY AGRICULTURAL (A) TO INTENSIVE COMMERCIAL (C11). (REZ11-00004) (PASS AND ADOPT) 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. Correspondence included in Council packet. Action: 7 J ~ ~ 5,~_ f) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF MACKINAW VILLAGE PART 3, IOWA CITY, IOWA. (SU610- 00014/SUB10-00015) (DEFERRED FROM 4/19) Comment: At its April 7 meeting, by a vote of 5-0 (Plahutnik absent, Eastham recused), the Planning and Zoning Commission recommended approval subject to staff approval of construction drawings and legal papers. Staff recommended approval in a report dated April 7. Approval will allow the development of Mackinaw Village, Part 3, a 13-lot, 7.89-acre residential subdivision located north of Foster Road on Mission Point Road and Algonquin Road. Action: ~Z>%~ ~"~ " ~~ ~ ~- May 3, 2011 City of Iowa City g) h) Page CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WINDSOR RIDGE -PART TWENTY-TWO, IOWA CITY, IOWA. (SUB10- 00017) 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 2-lot, 5.51 acre subdivision located at the corner of Taft Avenue and Court Street. Staff recommended approval in a report dated February 17. Action: CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE PART TWENTY-TWO, IOWA CITY, IOWA. (SUB11-00005) Comment: Staff recommended approval of the final plat in a report dated May 3, 2011, provided that legal papers and construction drawings have been approved prior to the Council meeting. It is anticipated that legal papers and construction drawings will be approved prior to the Council meeting. Action: ITEM 6. APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF CAPITAL LOAN NOTES AND LEVYING A TAX TO PAY THE NOTES FOR $7,925,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011A Comment: This resolution provides final authorization for the issuance of $7,925,000 General Obligation Capital Loan Notes. The Tax Exemption 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 Notes as tax exempt. The Continuing Disclosure Certificate is being executed and delivered for the benefit of the holders and beneficial owners of the notes and in order to comply with Securities Exchange Commission (SEC) rule 15c2-12(b)(5). a) CONSIDER A MOTION APPROVING TAX EXEMPTION CERTIFICATE Actian: b) CONSIDER A MOTION APPROVING CONTINUING DISCLOSURE CERTIFICATE Action: !!- t55 c) CONSIDER A RESOLUTION Action: ,~ May 3, 2011 City of Iowa City Page 8 ITEM 7. APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF CAPITAL LOAN NOTES AND LEVYING A TAX TO PAY THE NOTES FOR $10,930,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2011C Comment: This resolution provides final authorization for the issuance of $10,930,000 General Obligation Refunding Capital Loan Notes. The Tax Exemption 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 Notes as tax exempt. The Continuing Disclosure Certificate is being executed and delivered for the benefit of the holders and beneficial owners of the notes and in order to comply with Securities Exchange Commission (SEC) rule 15c2-12(b)(5). a) CONSIDER A MOTION APPROVING TAX EXEMPTION CERTIFICATE Action: ~// Q~Ps b) CONSIDER A MOTION APPROVING CONTINUING DISCLOSURE CERTIFICATE Action: l~1 i -'~45 ~ ~' ~~+~~~~ ~// a~~~ ~ ~_ ~ 5 ~ c) CONSIDER A RESOLUTION Action: ITEM 8. APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF CAPITAL LOAN NOTES AND LEVYING A TAX TO PAY THE NOTES FOR $820,000 TAXABLE GENERAL OBLIGATION CAPITAL LOAN NOTES SERIES 2011B Comment: This resolution provides final authorization for the issuance of $820,000 Taxable General Obligation Capital Loan Notes. The Continuing Disclosure Certificate is being executed and delivered for the benefit of the holders and beneficial owners of the notes and in order to comply with Securities Exchange Commission (SEC) rule 15c2-12(b)(5). a) CONSIDER A MOTION APPROVING CONTINUING DISCLOSURE CERTIFICATE Action: ~~- ~ 5-~ b) CONSIDER A RESOLUTION Action: May 3, 2011 City of Iowa City Page 9 ITEM 9. ADOPTING IOWA CITY'S FY12 ANNUAL ACTION PLAN WHICH IS A SUB-PART OF IOWA CITY'S 2011-2015 CONSOLIDATED PLAN (CITY STEPS) AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND AMENDMENTS AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. Comment: At their April 21, 2011 meeting, the Housing and Community Development Commission (HCDC) discussed and recommended that City Council approve the FY12 Annual Action Plan with the modifications identified in the April 21, 2011 minutes. These modifications are due to federal budget cuts to the HOME and CDBG programs. The draft minutes of the April 21 HCDC meeting and a copy of the FY12 Annual Action Plan were included in your May 3 Council packet. Attached to this resolution is Exhibit A that lists the FY12 CDBG and HOME projects recommended for funding. To receive federal fiscal year 2011 funding (City FY12), the FY12 Annual Action Plan must be submitted to the U.S. Department of Housing and Urban Development (HUD) by May 13, 2011. For more information see staff memo in the agenda packet. a) PUBLIC HEARING Action: ~t- l5g b) CONSIDER A RESOLUTION Action: ITEM 10. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GILBERT STREET STREETSCAPE PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This project involves streetscape improvements along Gilbert Street between Burlington Street and CRANDIC railroad. The project will include new PCC pavers, trees, bike racks, and decorative lighting. The estimated cost of the project is $283,000 and is to be funded by the General Obligation bond proceeds. a) PUBLIC HEARING Action: ~~,X~GV s ~,~ ~ 5q b) CONSIDER A RESOLUTION Action: May 3, 2011 City of Iowa City Page 10 ITEM 11. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 512 NORTH VAN BUREN STREET. Comment: The grant for the UniverCity Neighborhood Partnership Program 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. Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 512 North Van Buren Street. The amount of the sale will be $173,000 (this is what the City paid to purchase the home) plus "carrying costs" of $6,000, which is approximately 60% of the total carrying costs. The remainder of the carrying costs will be paid for by supplemental UniverCity funds (non-City funds). "Carrying costs" are all the costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home. The City will be providing down payment assistance to the buyer. a) PUBLIC HEARING Action: ~~ f~X~~ 1- i ~ti b) CONSIDER A RESOLUTION Action: ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 3, ENTITLED "WEED CONTROL" BY CHANGING THE DEFINITION OF WEED FROM GRASS THAT IS FOURTEEN (14) INCHES IN HEIGHT TO TEN (10) INCHES. (FIRST CONSIDERATION) Comment: This ordinance decreases the height requirement of weeds from 14 inches to 10 inches. Citizens have complained the City's standard is too high. See staff memo in the packet for additional information. Action: -~U May 3, 2011 City of Iowa City Page 11 ITEM 13. CONSIDER AN ORDINANCE AMENDING TITLE 17, "BUILDING AND HOUSING", CHAPTER 5, "HOUSING CODE", SECTION 14, "INFORMATIONAL DISCLOSURE AND ACKNOWLEDGEMENT FORM" TO INCLUDE INFORMATION ABOUT IOWA LAW RE: SECURITY DEPOSITS. (FIRST CONSIDERATION) Comment: Elliott Higgins, the 2010-11 student government liaison to the Iowa City City Council has proposed that the Informational Disclosure and Acknowledgement Form the owner and tenants are required to sign pursuant to City Code Section 17-5- 14 include information concerning the Iowa law on rental deposits, specifically the need to document the condition of the premises at the beginning and end of the tenancy and the requirement that the tenant provide a mailing address or delivery instructions for a return of the rental deposit to the landlord. This ordinance will amend the Code to require that the form include such information. Action: ITEM 14. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION E, TO AMEND THE FINE AMOUNT FOR VIOLATIONS, AND SUBSECTION D, TO AMEND THE WORDING OF THE NOTICE TO MATCH THE NEW FINE AMOUNTS, AND TO ELIMINATE THE POSTING OF NOTICE AS AN ELEMENT OF THE OFFENSE. (FIRST CONSIDERATION) Comment: This Amendment will change the fine amount for Under 21 ordinance violations from $500 for all offenses to $300 for 1St offenses, $500 for 2"d offenses, and $625 for 3~d and subsequent offenses. The wording of the notices posted at liquor license establishments will be changed to incorporate these new fine amounts. The amendment will also make clear that the posting of notices at every entrance is still required of establishments, but that underage patrons may not use the absence of such a sign as a legal defense from this charge. The effective date will be July 1, 2011. Action: : K~ile2% / U>i la/12`~ ~-`~ ~ /71 r rhs l~/'~~ ,~'~e/C May 3, 2011 City of Iowa City Page 12 ITEM 15. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED ~I - LI-~d(a "COMMERCIAL USE OF SIDEWALKS," SECTION 5, ENTITLED, "USE BY MOBILE VENDORS," TO DECREASE THE NUMBER OF VENDORS IN CITY PLAZA, TO ELIMINATE THE MINIMUM HOURS REQUIREMENT, AND TO ALLOW ANY TYPE OF FOOD OR BEVERAGE. (SECOND CONSIDERATION) Comment: At a work session in December, staff proposed three changes to the mobile vender provisions, and Council directed staff to draft an ordinance to amend the City Code accordingly. This ordinance decreases the number of permits to six and the venders are assigned locations. Presently there are six mobile venders so no current vender is affected. Second, the minimum hours requirement is eliminated allowing the venders to operate when they wish. Third, the provision that supports a diverse offering of food products is eliminated thus allowing venders to serve any type of food or beverage (with the exception of alcohol). See staff memo in the December 2, 2010 information packet for more detail. Staff recommends expedited action. .~ / Action: ITEM 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 SNYDER AND ASSOCIATES PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TERRY TRUEBLOOD RECREATION AREA PHASE THREE IMPROVEMENT PROJECT. Comment: This agreement authorizes Snyder and Associates Professional Engineers to provide design engineering services related to the construction of the Terry Trueblood Recreation Area Phase Three Improvement Project. This project will include construction of the main lodge, outdoor patio, access drive and parking, natural play area, walkways, utilities, lighting, and landscape improvement. The total cost of the engineering services is $312,000. This project will be funded by G.O. bonds. Staff memorandum included in Council packet. ~~ P~,~.~ Action: ITEM 17. CONSIDER A RESOLUTION AUTHORIZING THE EXPENDITURE OF ADDITIONAL FUNDS TO MEET OBLIGATIONS OF THE CITY OF IOWA CITY RECAT ~i~ iba AGREEMENT 11-RECAT-003-TERRY TRUEBLOOD RECREATION AREA. Comment; The City was given 120 days to complete fundraising of an additional $400,000 for the $1.6M Vision Iowa grant. This resolution guarantee's to the Vision Iowa Board that the funding will be secured through additional City monies in the event that the Park and Recreation Foundation is not able to meet this timeline. The Foundation will continue fundraising until the monies are collected and repay the city for any monies expended with this project. Staff memorandum included in Council packet. Action: May 3, 2011 City of Iowa City Page 13 ITEM 18. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR IMPROVEMENT OF LAND FOR r~~- 11,3 PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND MARC MOEN FOR 118 EAST COLLEGE STREET Comment: Consistent with the objectives of Urban Renewal Plan for the Central Business District, this agreement will provide $250,000 to Marc Moen for the redevelopment of the building at 118 East College Street. It represents approximately 12.5% of the total redevelopment project expense. The agreement requires Mr. Moen to not establish an eating and drinking establishment, restaurant, or residential use on the property for the duration of the eight-year life of the TIF project. Mr. Moen is required to enter into a minimum assessment agreement in the amount of $1.56 million over an eight-year period or until the City's funds are retired by the tax increments derived from the improvements to the property. Draft minutes of the Economic Development Committee meeting of April 19, 2011 is included in Council's Information packet. Staff memorandum is included in Council packet. Action: C> ITEM 19. CONSIDER A RESOLUTION AWARDING CONTRAC THORIZING THE MAYOR TO SIGN AND THE CITY CLE ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2011 WA TREET WATER MAIN IMPROVEMENTS PROJECT. c~--~ Comment: Bids for 's project will be opened on Thursday, April 28, 2011. The bids will be review y Staff and a recommendation for award will be forwarded to Council ~,~_ :~~`" at Mond work session. The estimated construction cost is $105,000 and will be fun with Water revenues. Staff memorandum included in Council packet. Action: r ^~~®~~ CITY OF IOWA CITY ~.~®~~~ RAND ~ E~4 M TO: Mayor, City Council, General Public FROM: City Clerk RE: May 3, Revisions Consent Calendar: 3c(2) Permit Motions and Resolutions as Recommended by the City Clerk: New (REVISED) Class C Liquor License for I.C. Raw, LLC, dba The Summit Restaurant & Bar, 10 S. Clinton Street. Staff recommends seniat approval (See memo from the Iowa City Building Official included in council's packet.) Permanent Transfer: (4) (REVISED) Resolution to issue Dance Permit to I.C. Raw, LLC dba The Summit Restaurant & Bar, 10 S. Clinton Street. Staff recommends denial approval. ****** ~TEM 19 (REVISED) CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR „_ `~~ CONSTRUCTION OF THE 2011 WALES STREET WATER MAIN IMPROVEMENTS PROJECT. Comment: Bids for this project were opened on Thursday, April 28, 2011, and the following bids were received: Carter & Associates Coralville, IA $73,111.00 Lynch Excavating West Branch, IA $82,653.50 Maxwell Construction Iowa City, IA $95,740.00 Volkens, Inc. Dyersville, IA $96,812.00 Engineer's Estimate $ 105,000.00 Public Works and Engineering recommend award of the contract to Carter & Associates. of Coralville, Iowa. The project will be funded Water revenues. h1 ~ r>L,~ ~i~r ~'g~i"~ ~ ~ May 3, 2011 City of Iowa City Page 14 ITEM 20. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR l~' ~ ~5 CONSTRUCTION OF THE IOWA CITY WWTP BLOWER REPLACEMENT PROJECT. Comment: Bids for this project were opened on Wednesday, April 20th and the following bids were received: Calacci Construction Co., Inc. Iowa City, IA $205,400.00 Wendler Construction, Inc. South Amana, IA $231,990.00 Tricon General Construction Dubuque, IA $234,000.00 Mechanical Services, Inc. Iowa City, IA $372,991.00 Engineer's Estimate $280,000.00 Public Works and Engineering recommend award of the contract to Calacci Construction Co., Inc. of Iowa City, Iowa. The project will be funded with a $249,000 Energy Efficiency & Conservation Block Grant and the remaining with Wastewater revenues. The engineer's estimate has been reduced from $375,000 to $280,000 due to a reduction in the scope of work. Addendum #1 and Addendum #2 to the plans and specifications removed submersible propeller mixers and associated electrical work from the project because it was determined that the energy payback was limited and that this equipment may interfere with future plant upgrades. Staff memorandum included in Council packet. Action: ITEM 21. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA i ~ ~ ~ bb CITY AND MERCY HOSPITAL, IOWA CITY, IOWA, TO USE CERTAIN PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Comment: This agreement will allow Mercy Hospital to install, operate, and maintain a buried conduit containing fiber optic telecommunications cable within City of Iowa City public right-of-way. This fiber optic cable placement is part of the Iowa Healthcare Plus Broadband Extension Project and will connect Mercy Hospital at 500 Market Street to the Healthcare Plus Broadband network. Staff memorandum included in Council packet. Action: I R; s / /)i ' Ks~~.~ May 3, 2011 City of Iowa City Page 15 ITEM 22. i~- lb7 CONSIDER A RESOLUTION ADOPTING THE REVISED SECTIONS 7.01 AND 8.01 OF THE DESIGN STANDARDS FOR PUBLIC WORKS IMPROVEMENTS. Comment: This resolution will increase the maintenance bond length for sanitary sewer and water main improvements to five years. This change is recommended based on recent issues with pavement damage due to sanitary sewer and water main trench settlement. This damage has occurred after the maintenance bond has expired for the sanitary sewer and water main improvements but before the paving maintenance bond has expired. This change will make the maintenance bond length the same for all public improvements. Staff memorandum included in Council packet. Action: 'r~ T '~- ur~z ~ 1 ITEM 23. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. 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. (C rl Williams resigned). t"ea ~e~~~~se b) Airport Zoning Brd of Adjustment -One vacancy to fill afive-year term January 1, 2009 -December 31, 2013. (Term expires for Dennis Keitel). Y Ct ~ ,~ I' .~.~~ rd .- 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) rpm -~ev~~~~~~ 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). I` 1;Pt.7 ~,o~'°h tai f) Appeals, Board of -One vacancy to fill an unexpired term, effective upon appointment, ending December 31, 2014, for a Building Design Professional. (Unexpired ter for Stephen Buckman) May 3, 2011 ;~-I ~;~ a~~ a~q~y City of Iowa City Page 16 g) Library, Brd of Trustees -Two vacancies to fill six-year terms July 1, 2011 - June 30, 2017. (Term expires for Meredith Rich-Chappell, Thoma~sy/Mar-t-i7n~) h) Telecommunications Commission -Two vacancies to fill three-year terms March 13, 2011 -March 13, 2014. (Term expires for Nolan Klouda, Gary Hagen) ,. ,, _ _ ... r~_ i //~ i) Youth Advisory Commission -One vacancy to fill atwo-year term January 1, 2011 -December 31, 2012 One (1) person -Tate High t" Dc~i/E> r~' ~~ ITEM 24. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 25. CITY COUNCIL INFORMATION. ITEM 26. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. ~ O "~ b) City Attorney. . ~ -- c) City Clerk. _~) -- ITEM 27. ADJOURNMENT 7..'~~~ ~ ~i ~~s K h ~/