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HomeMy WebLinkAbout2011-05-17 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's OfFce 356-5040. ®~r Iowa City ~;:~~°c~-;~~ City Council Agenda -~-~-- CITY OF IOWA CITY Regular Formal May 17, 2011-7:OOp.m. City Hall - Harvat Hall 410 E. Washington Street www.ic ov.or ~42%t~Ll.~.o o~/ ` /~ ITEM 1. CALL TO ORDER. ~,~op/~;,~ ~JI~S~~ Mlle/ ~~o/~e't~ ROLL CALL.~~~E~'"_ _7 Foss n'l~irs ~c ~d ~ n+'f~~ ITEM 2. PROCLAMATION. ~ ~--~~ti~' a) National Military Appreciation Month -May 2011 '~' 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. May 2, Special Council Formal Official and Complete 2. May 2, Regular Council Work Session 3. May 3, 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. Youth Advisory Commission: April 3, 2011 2. Public Art Advisory Committee: March 3, 2011 3. Police Citizens Review Board: April 12, 2011 4. Planning and Zoning Commission: April 21, 2011 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Five Day Class B Beer Permit for Summer of the Arts, Inc., dba Iowa City Arts Fest, Iowa Ave. and Dubuque St. (June 3-5, 2011) r~ 2. Five Day ss B Beer Permi for Summer of the Arts, lpc., dba Iowa City ~ Jazz Festiv Clinton St. (Jul-3, 2011) Renewal: 3. Class C Liquor License for Column, Inc., dba Sports Column, 12 S. Dubuque St. 4. Special Class C Liquor License for Linn Street Cafe, Inc., dba Linn Street Cafe, Inc., 121 N. Linn St. r ~^~!-~,®~,~ CITY OF IO1NA CITY ~'~~'~~~ AND [~ M ~E~OR TO: Mayor, City Council, General Public FROM: City Clerk RE: May 17 Agenda, CONSENT CALENDAR 3c(2) (Revised) Five Day Class B Beer Permit with Iowa Native Wine Privilege for Summer of the Arts, Inc., dba Iowa City Jazz Festival, Clinton St. (July 1-3, 2011) 3d(4) (Revised) Comment: This biennial project involves the asphalt resurfacing and chipsealing of various streets throughout Iowa City. The estimated cost for this project is $779,000 and will be funded with Iowa DOT 3R funds, Road Use Tax Proceeds, Water Revenue, Wastewater Operations, and GO Bonds. 3d(5) (Addition) RESOLUTION SETTING PUBLIC HEARING FOR JUNE 7, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 408 FAIRCHILD 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 408 Fairchild Street. The amount of the sale will be $155,000 (this is what the City paid to purchase the home) plus the "carrying costs, which are which are all 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. 3f(6) (Addition) Dave Barnett: Sculptures (7) (Addition) Lisa Anthony: Bus Service ****** ITEM 16 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA RIVER TRAIL -NAPOLEON TO TRUEBLOOD PROJECT. Comment: Bids for this project were opened on Thursday, May 12, 2011, and the following bids were received: Metro Pavers Iowa City, IA $182,307.75 Streb Construction Iowa City, IA $186,985.75 J & L Construction Washington, IA $215,621.08 All American Concrete West Liberty, IA $220,867.50 Ardo Schmidt Construction Preston, IA $225,850.75 Peterson Contractors Reinbeck, IA $239,082.15 Vieth Construction Cedar Falls, IA $242,803.75 Sheets Excavating Montezuma, IA $251,901.55 Engineer's Estimate $ 280,000.00 Public Works and Engineering recommend award of the contract to Met ro Pavers of Iowa City, Iowa. The project will be funded with an Iowa DOT State Rec Trails Program grant and General Obligation bond proceeds. May 17, 2011 City of Iowa City Page 2 5. Class C Beer Permit for Suburban Investors, LC, dba Suburban by Amoco, 370 Scott Ct. 6. Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 S. First Ave. 7. Class C Liquor License for Pershell Corp., dba Colonial Lanes, 2253 Highway 218 S. 8. Special Class C Liquor License for Riverside Theatre dba Riverside Theatre, 213 N. Gilbert St. Temporary License Transfer: 9. Transfer of Special Class C Liquor License for Riverside Theatre dba Riverside Theatre, 213 N. Gilbert St. to Riverside Festival Stage, City Park. (June 16 -July 10, 2011) d) Public Hearings: 1. CONSIDER A RESOLUTION AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT tt-- Ib$ ~ PROJECT TO CONSTRUCT THE 2011 LANDFILL BUFFER AND GROUNDWATER MONITORING PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING ON JUNE 21, 2011. Comment: The City of Iowa City must acquire right-of-way, fee title, permanent easements and/or temporary construction easements to construct the 2011 Landfill Buffer and Groundwater Monitoring Project. State law requires the city to give notice to agricultural property owners whose properties may be affected. This notice will notify all potentially affected property owners of the opportunity to present their views on the project and proposed acquisition of property rights at the public hearing. The notice protects the City's right to condemn if necessary. This project includes landfill buffer, constructing additional monitoring wells, possible groundwater and leachate management systems and possible landfill cell construction at the Iowa City Landfill and Recycling Facility. 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON JUNE 7, ~ /~ - 1~~ 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT STP-U-3715(651)--70-52, 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 connect the Iowa River Corridor Trail between Quarry Road and Waterworks Park. The project will provide users with a dedicated wide sidewalk along Dubuque Street and across the Iowa River. The estimated cost of the project is $1,007,037 and is to be funded by Surface Transportation Program (STP) funds, City of Iowa City General Obligation bond proceeds, and Johnson County. ~•'_.---.r,®~ CITY OF IOWA CITY ~. "m~~'~ ®~~~ RAN D U M ~~~0 TO: Mayor, City Council, General Public FROM: City Clerk RE: May 17 Agenda, Revision & Additions CONSENT CALENDAR 3c(2) (Revised) Five Day Class B Beer Permit with Iowa Native Wine Privilege for Summer 3d(4) (Revised) Comment: This biennial project involves the asphalt resurfacing and chipsealing of various streets throughout Iowa City. The estimated cost for this project is $779,000 and will be funded with Iowa DOT 3R funds, Road Use Tax Proceeds, Water Revenue, Wastewater O _ - ~. ~ 3d(5) (Addition) RESOLUTION SETTING PUBLIC HEARING FOR JUNE 7, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 408 FAIRCHILD ~' _ ~,~~ 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 408 Fairchild Street. The amount of the sale will be $155,000 (this is what the City paid to purchase the home) plus the "carrying costs," which are which are all 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. 3f(6) (Addition) Dave Barnett: Sculptures (7) (Addition) Lisa Anthony: Bus Service ****** ITEM 16 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA RIVER TRAIL -NAPOLEON TO TRUEBLOOD PROJECT. Comment: Bids for this project were opened on Thursday, May 12, 2011, and the following bids were received: Metro Pavers Iowa City, IA $182,307.75 Streb Construction Iowa City, IA $186,985.75 J & L Construction Washington, IA $215,621.08 All American Concrete West Liberty, IA $220,867.50 Ardo Schmidt Construction Preston, IA $225,850.75 Peterson Contractors Reinbeck, IA $239,082.15 Vieth Construction Cedar Falls, IA $242,803.75 Sheets Excavating Montezuma, IA $251,901.55 Engineer's Estimate $ 280,000.00 Public Works and Engineering recommend award of the contract to Metro Pavers of Iowa City, Iowa. The project will be funded with an I owa DOT State Rec Trails Program grant and General Obligation bond proceeds. May 17, 2011 City of Iowa City Page 3. CONSIDER A RESOLUTION SETTING A PU HEARING ON JUNE 7, 2011 ON PLANS, SPECIFICATIONS, RM OF CONTRACT, AND " ESTIMATE OF COST FOR THE STRUCTION OF THE WATER . C~ WORKS PRAIRIE PARK F D MITIGATION IMPROVEMENTS r'~ PROJECT, DIRECTING CI LERK TO PUBLISH NOTICE OF SAID HEARING, AND DIREC G THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FO BLIC INSPECTION. Comment: Th~ project will elevate exterior electrical equipment, floodproof ~' the well h e building, and elevate electrical equipment inside the well house ding for three of the City's water supply well facilities within the Wat orks Prairie Park. The estimated construction cost is $385,000 and be funded with Hazard Mitigation Grant Program proceeds and Water . revenues. 4. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON JUNE 7, 1 J - 1 ~]~ 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY 2012 ASPHALT RESURFACING 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 biennial pr ' ct involves the shalt resurfacing and '~~-~g~; chipsealing various streets roughout Iowa 'ty. The estimated construction cos 's $495,000 and w be funded with to a DOT 3R funds, Road Use tax proc ds, Wastewater re Hues, and Gener Obligation bond proceeds. ~~, e) Resolutions. ~~'`~ y~. ~L~~~.¢~'/ C~~~~~~ r~r !75 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER DURING ARTS FEST AND JAZZ FEST WITHIN A SPECIFIED AREA ON A CITY STREET. Comment: Section 4-5-3 of the City Code allows for the sale and consumption of alcohol in a city park, on a right-of-way, or other public ground, excluding public buildings, pursuant to written agreement. The agreement, which is attached to the resolution, allows Summer of the Arts, Inc. to sell beer in a fenced off area on Iowa Avenue during Arts Fest and on N. Clinton Street during Jazz Fest. The exact locations and dimensions of the sites are attached as exhibits to the proposed agreement. The agreement is substantially similar to the one executed last year with two exceptions. The size of the beverage garden for Jazz Fest (Exhibit B to the agreement) is larger than last year (2010: 35' x 110'; 2011: 35' x 200'). Additionally, the location of the Arts Fest garden is on the north rather than the south side of Iowa Avenue. May 17, 2011 City of Iowa City Page 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND f (-- ] ?~ THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 16, 2011 THROUGH JULY 10, 2011. Comment: Section 4-5-3 of the City Code allows for the sale and consumption of alcohol in a city park, on a right-of-way, or other public ground, excluding public buildings, pursuant to written agreement. Staff has approved the agreement, which is attached to the resolution, that allows Riverside Theatre to sell beer and wine and for attendees to consume beer and wine from June 16 through July 10, 2011 in a specified area in and around Riverside Festival Stage in City Park. The terms in the agreement are the same as last year with the exception of the dates. ~ r ~ 1.1 ~ 3. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE COMMUNICATION DUCT INSTALLATION COMBINED PROJECTS. 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. Staff memorandum included in Council packet. 4. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE ! J - ~ ~ ~- ASBESTOS ABATEMENT AND REMOVAL OF MISCELLANEOUS ` HAZARDOUS MATERIALS AT 645 McCOLLISTER BLVD. IN IOWA CITY, IOWA 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 staff memo included with previous item. f) Correspondence. 1. Cliff Pirnat: Recycle [staff response included] 2. Brandi Janssen: Producer involvement in market decisions 3. Sara and Alan Cross: Thank you 4. Joyce Barker: Waterfront Southgate 5. David Darby: U.S. Route 6 Happenings ITEM 4. ter, ~ -s 7~ COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. Sao ~ X~r~ FND OF CONSENT CALENDAR. r !!``~~®~ CITY OF IOWA CITY ~~QRA M TO: Mayor, City Council, General Public FROM: City Clerk RE: May 17 Agenda, Revision & Additions CONSENT CALENDAR 3c(2) (Revised) Five Day Class B Beer Permit with Iowa Native Wine Privilege for Summer of the Arts, Inc., dba Iowa City Jazz Festival, Clinton St. (July 1-3, 2011) 3d(4) (Revised) Comment: This biennial project involves the asphalt resurfacing and chipsealing of various streets throughout Iowa City. The estimated cost for this project is $779,000 and will be funded with Iowa DOT 3R funds, Road Use Tax Proceeds, Water Revenue, Wastewater Operations, and GO Bonds. 3d(5) (Addition) RESOLUTION SETTING PUBLIC HEARING FOR JUNE 7, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 408 FAIRCHILD 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 408 Fairchild Street. The amount of the sale will be $155,000 (this is what the City paid to purchase the home) plus the "carrying ,~ costs, which are which are all 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 . _ . .. habilitate the home. ~ 3f(6) (Addition) Dave Barnett: Sculptures ~7) (Addition) Lisa Anthony Bus Service ****** ITEM 16 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA RIVER TRAIL -NAPOLEON TO TRUEBLOOD PROJECT. Comment: Bids for this project were opened on Thursday, May 12, 2011, and the following bids were received: Metro Pavers Iowa City, IA $182,307.75 Streb Construction Iowa City, IA $186,985.75 J & L Construction Washington, IA $215,621.08 All American Concrete West Liberty, IA $220,867.50 Ardo Schmidt Construction Preston, IA $225,850.75 Peterson Contractors Reinbeck, IA $239,082.15 Vieth Construction Cedar Falls, IA $242,803.75 Sheets Excavating Montezuma, IA $251,901.55 Engineer's Estimate $ 280,000.00 Public Works and Engineering recommend award of the contract to Met ro Pavers of Iowa City, Iowa. The project will be funded with an I owa DOT State Rec Trails Program grant and General Obligation bond proceeds. May 17, 2011 City of Iowa City Page ITEM 5. PLANNING AND ZONING MATTERS. (Item "a,b,c,d" will proceed as outlined in the City Attorney's memo of 2/28/07 entitled "Rezonings, Due process and Ex parte communications.") a) CONDITIONALLY REZONING APPROXIMATELY 23.22 ACRES OF PROPERTY 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 residential subdivision while mitigating for disturbance of wetlands and other sensitive features on the site. 1. PUBLIC HEARING ~ eX~ Action: l~a'r~l~~l~l~~k~- ~~~ -~ o ~~.~,.~ 2. CONSIDER AN ORDINANCE (FIRST Action: ~~i~y~s CONSIDERATION) ~~~ ~ b) CONDITIONALLY REZONING APPROXIMATELY 10.39 ACRES LOCATED AT 1725 NORTH DODGE STREET FROM RESEARCH DEVELOPMENT PARK (RDP) TO NEIGHBORH OD PUB IC (P1). (REZ11-00006) ~yp r I~~o WiN4~ ~~ ~~ h (~~ rk~ 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. 1. PUBLIC HEARING (CONTINUED FROM 5/3) ~ ~~ Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (DEFERRED FROM 5/3) Action: ~ ~ ~- U nL r f~o ,rrr+~ (,vi ~d utv~ Y'e'~~~ I May 17, 2011 City of Iowa City Page ~)y ~~f a? c) CONSIDER AN ORDINANCE APPROVING AN AMENDED PLANNED DEVELOPMENT OVERLAY (OPD-5) PLAN FOR VILLAGE GREEN PART XX, LOT 50 (WELLINGTON CONDOMINIUMS), IOWA CITY, IOWA (REZ11- 00007) (SECOND CONSIDERATION) 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. Correspondence included in packet requesting expedited action Action: ~l~dit~l.~/ tiA._. ~.a,. w~o~a7Y ,~r~~L' 'O 'dui/~a~/1y~~~ d) CONSIDER AN ORDIN NCE CONDITIONALLY REZONING ~ - ~ ~a 8 ~ 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) (DEFERRED FROM 5/3) ~~ 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. ~ ~X~ Action: e) 11- 17(0 ~u;/Gals ~ e~- ~ ~` CONSIDE A R SOLUTION APPROVING WINDSOR RIDGE -PART TWENTY-TWO, 00017) (DEFERRED FROM 5/3) Gha~ ~ lV~'i~ l~ FiE PRELIMINARY PLAT OF IOWA CITY, IOWA. (SUB10- 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: ~~ ^ ~,~,1 f) CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE PART TWENTY-TWO, IOWA CITY, IOWA. (SU611- 00005)(DEFERRED FROM 5/3) 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: /,l1r~ ~~C~~ /lIi r/~s t~Gti~~ ~~ May 17, 2011 City of Iowa City Page 7 ITEM 6. AMENDING THE FY2011 OPERATING BUDGET. Comment: This public hearing is being held to receive comment on amending the FY2011 Budget. a) PUBLIC HEARING Action: ~~~Sl ~ t _ ~ 71~ b) CONSIDER A RESO.L/UTION ~ Action: ~o/!~L 10 ITEM 7. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS 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 will include construction of the infrastructure for phase 1 of the Iowa City Industrial Campus. The Industrial Campus is a development along 420cn 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. Staff memorandum included in Council packet. a) PUBLIC HEARING Action: ~ov ~i~'9k"~ ~/_ ~~~ b) CONSIDER A RESOLUTION Action: May 17, 2011 City of Iowa City Page 8 ITEM 8. APPROVING 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 ordinance provides for a rate increase to the stormwater utility fee as approved in the FY2011 budget. The flat rate for an Equivalent Residential Unit (ERU) will increase from $2.00 to $2.50, and the multiplying rate for non-residential properties will increase from $0.75 to $1.00. Staff memorandum included in Council packet. a) PUBLIC HEARING Action: ~~CS~d b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH /t- ~~a9 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. (SECOND 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. Staff recommends expedited action. Action: ITEM 10. 11-~-~3D 70 %~ s 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. (SECOND 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. Staff recommends expedited action. Action: May 17, 2011 City of Iowa City Page 9 ITEM 11. 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. (SECOND 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: ITEM 12. L'~~ ~ ~~~ ITEM 13 CONSIDER A RESOLUTION APPROVING DISTRIBUTION OF FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS. ~~k ~~~s RAMIG~i~r~ Comment: the City Council allocated $14,850 in Fiscal Year 2012 for the purpose of funding grants to neighborhood associations so they can make improvements in their neighborhood. The Neighborhood Council has solicited, selected and recommends the funding of ten (10) applications from the neighborhood associations and seeks the City Council's review and approval of this recommendation. The grant applications are included in the Council packet. Memorandum included in Council packet. ~ ~~~ Acton:~1 ~~~ ~~ ~ ~~ I ~{~ S CONSIDER A RESOLUTIO DEVELOPMENT POLICIES. N ADOPTING CITY OF IOWA CITY ECONOMIC ~r~ 18~ Comment: The City of Iowa City Economic Development Policies will serve as the guide for the City's engagement in economic development activities. The policy document lays out specific goals of attracting new business, assisting existing business and incubating startup businesses in the community, while being accountable to the citizens and responsive to the business community. The Economic Development Committee approved and recommended the policies for adoption at their April 19, 2011 meeting. Draft minutes are includes in Council's May 12, 2011 Information packet. Action: May 17, 2011 City of Iowa City Page 10 ITEM 14. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE PERFORMANCE OF CONSULTING SERVICES BY AND BETWEEN THE CITY OF IOWA CITY AND DIVARIS REAL ESTATE, INC., FOR A STRATEGIC ASSESSMENT OF DOWNTOWN IOWA CITY AND RECOMMENDATIONS FOR THE ENHANCEMENT OF RETAIL OPPORTUNITIES. Comment: John Millar, of Divaris Real Estate, Inc. has developed a highly specific analysis tool for use in communities with special populations of universities, military installations and government functions. The analysis goes beyond the typical demographics found in the US Census each area studied and factors in, for college towns the hometown demographics of students populations, visiting populations and the staff and faculty populations within the community. This strategic assessment more clearly establishes a strong market for the retail community that might otherwise have overlooked Iowa City's basic demographics. We intend to use the information to attract new retail users to downtown Iowa City. The total cost of the contract is $50,000 which will be split with the University of Iowa. ~r ~ -- ITEM 15. CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF A COST SHARING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR PROFESSIONAL SERVICES TO CONDUCT A STRATEGIC ASSESSMENT OF DOWNTOWN IOWA CITY AND MAKE RECOMMENDATIONS FOR THE ENHANCEMENT OF RETAIL OPPORTUNITIES. Comment: The University of Iowa has a mutually strong interest in the continued diversification of the downtown business landscape. They have assisted in many recent efforts and are committed to cost sharing expenses in the Divaris Real Estate Inc. study. The total cost of the contract is $50,000, for which the University is agreeing to share in the cost, up to $25,000. Action: ITEM 16. CONSIDE A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE i I ~ I $ ~ MAYOR T SIGN AND THE CITY LERK TO ATTEST CONTRACT FOR -- CONSTRUCT N OF THE IOWA RIVE TRAIL -NAPOLEON O TRUEBLOOD ~ PROJECT. ~ ~~ J ~ Comment: Bids for th project will be opened o Thursday, May 12, 11. The bids ~~°--e'~~Jl will be reviewed by Staff d a recommendation for ward will be forwar d to Council at Monday's work session. The estimated constructs n cost is $280,000 and will be funded with an Iowa DOT Sta Rec Trails Program gra and General Obli tion bond proceeds. Staff memorandum i cluded in Council packe . Action: l ~Yi,;,®~~ CITY O F I O Vl! A C I T Y ~`~'~~`` N D ~ M M~NIC)RA TO: Mayor, City Council, General Public FROM: City Clerk RE: May 17 Agenda, Revision & Additions CONSENT CALENDAR 3c(2) (Revised) Five Day Class B Beer Permit with Iowa Native Wine Privilege for Summer of the Arts, Inc., dba Iowa City Jazz Festival, Clinton St. (July 1-3, 2011) 3d(4) (Revised) Comment: This biennial project involves the asphalt resurfacing and chipsealing of various streets throughout Iowa City. The estimated cost for this project is $779,000 and will be funded with Iowa DOT 3R funds, Road Use Tax Proceeds, Water Revenue, Wastewater Operations, and GO Bonds. 3d(5) (Addition) RESOLUTION SETTING PUBLIC HEARING FOR JUNE 7, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 408 FAIRCHILD 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 408 Fairchild Street. The amount of the sale will be $155,000 (this is what the City paid to purchase the home) plus the "carrying ~~ costs, which are which are all 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. 3f(6) (Addition) Dave Barnett: Sculptures (7) (Addition) Lisa Anthony: Bus Service ITEM 16 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA RIVER TRAIL -NAPOLEON TO TRUEBLOOD PROJECT. Comment: Bids for this project were opened on Thursday, May 12, 2011, and the following bids were received: Metro Pavers Iowa City, IA $182,307.75 Streb Construction Iowa City, IA $186,985.75 J & L Construction Washington, IA $215,621.08 All American Concrete West Liberty, IA $220,867.50 Ardo Schmidt Construction Preston, IA $225,850.75 Peterson Contractors Reinbeck, IA $239,082.15 Vieth Construction Cedar Falls, IA $242,803.75 Sheets Excavating Montezuma, IA $251,901.55 Engineer's Estimate $ 280,000.00 Public Works and Engineering recommend award of the contract to Met ro Pavers of Iowa City, Iowa. The project will be funded with an Iowa DOT State Rec Trails Program grant and General Obligation bond proceeds. May 17, 2011 City of Iowa City Page 11 ITEM 17 CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE t ~ _ t~~. MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD IMPROVEMENTS PROJECT. Comment: This agreement is for design and development of easement plats and construction plans for the north and south railroad sidings and the service spur line for the Iowa City Industrial Campus. The negotiated not to exceed fee is $115,825 and will be funded by a loan from the landfill to be repaid by the General Fund. Action: ITEM 18. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY Il~ 183 INTERESTS NECESSARY FOR CONSTRUCTION OF THE FIRST AVENUE GRADE SEPARATION AND DRAINAGE PROJECT. Comment: The City of Iowa City must acquire right-of-way, fee title, permanent easements and/or temporary construction easements to construct the First Avenue Grade Separation and Drainage Project. This project involves lowering First Avenue, raising the Iowa Interstate Railroad tracks, and constructing a railroad bridge over First Avenue, along with completing some drainage improvements. Staff memorandum included in Council packet. Action: ~i ~'K~us ~~ ITEM 19. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ~u' ~/~ ~g~- _ EQUIPMENT DIVISION OF THE PUBLIC WORKS DEPARTMENT BY DECREASING THE EQUIPMENT CLERK POSITION BY .25 FTE AND INCREASING THE BUYER I -EQUIPMENT POSITION BY .25 FTE. Comment: With the recent retirement of the Buyer I in the Equipment Division, it is the desire to properly align the workload of the Buyer I Equipment and Equipment Clerk positions based on responsibilities. Staff memorandum included in Council packet. Action: May 17, 2011 City of Iowa City Page 12 ITEM 20. 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 Zonina 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). b) Airport Zonina Brd of Adiustment -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) Library. Brd of Trustees -Two vacancies to fill six-year terms July 1, 2011 - n ~i June 30, 2017. (Term expires for Meredith Rich-Chappell, Thomas Martin) ~~3~ I ~ ) Telecommunications Commission -Two vacancies to fill three-year terms March 13, 2011 -March 13, 2014. (Term expires for Nolan Klouda, Gary Hagen) i) 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, JUNE 1, 2011. New: j) Housing & Community Development Commission -Three vacancies to fill three-year terms September 1, 2011 -September 1, 2014. (Term expires for Cheryll Clamon, Rebecca McMurray, Michael McKay) k) Parks & Recreation Commission -One vacancy to fill unexpired terms ending - January 1, 2014. (Lorin Ditzler resigned) See correspondence included in Council packet. May 17, 2011 City of Iowa City Page 13 I) Police Citizens Review Board -One vacancy to fill four-year terms September ~~~~ 1, 2011 -September 1, 2015. (Term expires for Donald King) C APPLICATION MUST BE REC IVED BY 5:00 P.M., WEDNESDAY, JULY 13, 2011. ITEM 21. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 22. CITY COUNCIL INFORMATION. ® (/ ~s.~% ITEM 23. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. ~ ~ b) City Attorney. ' ~~ '" c) City Clerk. ' C> ITEM 24. ADJOURNMENT ~ . ~~; /~~~I ~uS C~ ~~ 1 ~~>~ll~ -~ ~~