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HomeMy WebLinkAbout2011-06-21 AgendaSi,hiect to chance as finalized by the City Clerk. For a final of�cial copy, contact the City Clerk's Office 356 -5040. r Iowa City 3 ;°MR- City Council Agenda CI�T O IOWA CITY � Regular Formal June 21, 2011 - 7:00 p.m. Seo City Hall — Harvat Hall 410 E. Washington Street www.icgov.orq ITEM 1. CALL TO ORDER. ROLL CALL. ITEM 2. 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. June 7, Special Council Work Session 2. June 7, 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. Historic Preservation Commission: May 12, 2011 2. Planning & Zoning Commission: May 19, 2011 3. Police Citizens Review Board: May 10, 2011 4. Senior Center Commission: February 17, 2011 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class E Liquor License for Kum & Go, LC, dba Kum & Go #422, 513 S Riverside Dr. 2. Class E Liquor License for Kum & Go, LC, dba Kum & Go #53, 955 Mormon Trek Blvd. Renewal: 1. Class C Beer Permit for Kum & Go, LC, dba Kum & Go #422, 513 S Riverside Dr. 2. Class E Liquor License for Iowa CVS Pharmacy, LLC, dba CVS /Pharmacy #8547, 2425 Muscatine Ave. 3. Class C Liquor License for Dublin Underground, Inc., dba Dublin Underground, 5 S. Dubuque St. 4. Class E Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St. 5. Class C Beer Permit for Walgreen Company, dba Walgreens #5077, 2214 Muscatine Ave. June 21, 2011 City of Iowa City Page 2 6. Special Class C Liquor License for D & E Restaurant, Inc., dba Z'Mariks Noodle Cafe, 19 S Dubuque St. 7. Class C Liquor License for David L Alberhasky, dba Dave's Foxhead Tavern, 402 E. Market St. 8. Class C Liquor License for Weekes -Van Eck Post #3949 Veterans of Foreign Wars, dba Weekes -Van Eck Post #3949, 609 Highway 6. 9. Consider a resolution to issue 2012 Cigarette Permits. d) Public Hearings: 1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON JULY 5, If - Lt 9 2011 ON AN ORDINANCE AMENDING TITLE 3, ENTITLES "FINANCES, TAXATION AND FEES" AND TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC" OF THE IOWA CITY CODE OF ORDINANCES TO ESTABLISH DOWNTOWN MOPED PARKING PERMIT REQUIREMENTS AND FEES. Comment: This resolution sets a public hearing on an ordinance amendment addressing Council's goal of ensuring pedestrian safety and providing bicycle parking by prohibiting mopeds from parking on downtown sidewalks and bike racks without discouraging the use of other fuel efficient modes of transportation by creating moped and motorcycle permit parking areas throughout downtown Iowa City. 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON JULY 5, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COLLEGE GREEN PARK LIGHTING REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HERAING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: The project will replace the entire lighting system in College Green Park. The estimated construction cost is $114,200 and will be funded with General Obligation bond proceeds. e) Resolutions. l a 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 440 3RD AVENUE, IOWA CITY, IOWA. Comment: The owner of the property received assistance through the City of Iowa City Housing Rehabilitation program. The loan has been satisfied; thus the lien needs to be released. aaa 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 15 REGAL LANE, IOWA CITY, IOWA. June 21, 2011 City of Iowa City Page 3 Comment: The owner of the property received assistance through the City of Iowa City Housing Rehabilitation program. The loans have been paid off; thus the liens need to be released. 3. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT — CONTRACT #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. - aJ a- 4. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 404 - HMPG DEMOLITION PROJECT — CONTRACT #4. 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. 1- as 3 5. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY PARKING OFFICE REMODEL 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. - J d 6. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE PENINSULA FLOOD MITIGATION IMPROVEMENTS 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. r i r X5 7. CONSIDER A RESOLUTION APPROVING THE FINANCE DIRECTOR TO HAVE THE AUTHORITY TO ESTABLISH FUND BALANCE ASSIGNMENTS IN ANY AND ALL FUNDS. Comment: The Government Accounting Standards Board (GASB) has issued a new statement, GASB #54 — Fund Balance Reporting and Governmental Fund Type Definitions. This statement is effective for the financial reports of the City of Iowa City beginning with the fiscal year end June 30, 2011. This statement establishes new standards for the fund balance classifications based primarily on the extent to which a government is bound to observe constraints imposed upon the use of the resources reported in the governmental funds. f) Correspondence. Traffic Engineering Planner: Installation of (1) HANDICAP PARKING space on the east side of 7th Avenue, adjacent to the 539 Woodridge Avenue property. June 21, 2011 City of Iowa City Page 4 2. Tom Breese: 300 Block of South Linn Street, West Side. Action: END OF CONSENT CALENDAR. ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. ITEM 4. PLANNING AND ZONING MATTERS. (Item "b, c, e, f" 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 JULY 5 ON AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, ARTICLES 14 -4A, USE CATEGORIES, AND 14 -9A, GENERAL DEFINITIONS, TO ADD A DEFINITION OF PARENTAL GROUP HOME. Comment: At its June 2 meeting, by a vote of 4 -1 (Plahutnik voting no, Koppes and Dyer absent), the Planning and Zoning Commission recommended approval of these amendments to the Zoning Code. Staff recommended approval in a memo dated June 2, 2011. Approval will establish a new category of group household that will provide the opportunity for up to three teen or young adult parents to be placed together with their babies in a mutually supportive living environment. Action: &Z li�il�urr� Z. gg b) AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION FROM SINGLE - FAMILY /DUPLEX RESIDENTIAL TO GENERAL COMMERCIAL FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF HIGHWAY 1 WEST AND HUDSON AVENUE (1014, 1016, & 1022 HUDSON AVENUE). (CPA11- 00002) Comment: At its May 19 meeting, by a vote of 4 -0 (Eastham abstaining), the Planning and Zoning Commission recommended approval of this amendment to the Comprehensive Plan. Staff recommended approval in a report date May 19. Approval will allow for the rezoning of this property from Medium Density Single - Family Residential (RS -8) to Community Commercial (C . -2). 1) PUBLIC HEARING n b�� Action: 2) CONSII Action: June 21, 2011 City of Iowa City c) CONDITIONALLY REZONING APPROXIMATELY LOCATED AT 1014, 1016 AND 1022 HUDSON DENSITY SINGLE FAMILY RESIDENTIAL COMMERCIAL (CC -2). (REZ11- 00008) Page 5 .69 -ACRES OF PROPERTY AVENUE FROM MEDIUM (RS -8) TO COMMUNITY Comment: At its May 19 meeting, by a vote of 4 -0 (Eastham abstaining), the Planning and Zoning Commission recommended approval of this rezoning subject to a Conditional Zoning Agreement addressing requirements for neighborhood compatibility. Staff recommended approval in a report dated May 5. Approval will allow this property to be developed with commercial uses. Correspondence included in Council packet. 1) PUBLIC HEARING /tea -rte Action: 2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: X,,,- GrJr/ �J d) AMENDING CITY CODE TITLE 14, CHAPTER 4, ENTIT ED USE REGULATIONS, ARTICLE D, TEMPORARY USES, ADDING PROVISIONS TO ALLOW FOOTBALL GAME DAY COMMERCIAL USES AS A TEMPORARY USE ALONG MELROSE AVENUE AND AMENDING CHAPTER 9, ENTITLED DEFINITIONS, TO ADD THE DEFINITION OF TAILGATING. Comment: At its May 19 meeting, by a vote of 4 -1 (Eastham voting no), the Planning and Zoning Commission recommended approval of these amendments to allow for "Football Game Day Commercial Vending ". Staff recommended approval in a report dated May 5. No increase in the temporary permit fee is being recommended. The current $75 permit fee would be for the entire football home game season. This season staff will keep track of enforcement expenses and if necessary recommend any fee adjustment for next season. 1) PUBLIC HEARING / Action: Sew, 2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: June 21, 2011 City of Iowa City Page 6 I�33 e) CONSIDER AN ORDINANCE 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). (PASS AND ADOPT) 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. Action: / /tics n 4 al r�Lr.vh/ D f) CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY f 3 Z} 10.39 ACRES LOCATED AT 1725 NORTH DODGE STREET FROM RESEARCH DEVELOPMENT PARK (RDP) TO NEIGHBORHOOD PUBLIC (P1). (REZ11- 00006). (PASS AND ADOPT) 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. W,1d Gjro le-(W re,-o - Action: g) CONSIDER A RESOLUTION EXTENDING THE PERIOD OF EFFECTIVENESS r�- aa7 OF THE PRELIMINARY PLAT OF STONE BRIDGE ESTATES, PARTS 7, 8, AND 9, IOWA CITY, IOWA, TO JULY 28, 2013. (SUB09- 00004) Comment: Staff have reviewed the subject plat and find that area conditions and ordinance requirements have not changed since approval of the subject preliminary plat and, therefore, recommend approval of the requested 24 month extension. Action: <t June 21, 2011 City of Iowa City Page 7 ITEM 5. /I- d,4 h) CONSIDER SENDING A LETTER TO THE JOHNSON COUNTY BOARD OF ADJUSTMENT REGARDING A CONDITIONAL USE PERMIT FOR A TRUCK EQUIPMENT AND STORAGE BUSINESS AT 4525 TAFT AVENUE SE. (CU11- 00001) Comment: At its June 2 meeting, by a vote of 5 -0 (Koppes, Dyer absent), the Planning and Zoning Commission recommended that the City Council forward a letter to the Johnson County Board of Adjustment recommending that if a Conditional Use Permit is granted to allow a truck equipment and storage business at 4525 Taft Avenue, it be limited to a period of 10 years with the possibility of future renewals. Staff made the same recommendation in a memo dated June 2, 2011. Action: C U AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1207 MUSCATINE AVENUE. 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 1207 Muscatine Avenue. The amount of the sale will be $199,000. Staff memo included in Council packet. a. PUBLIC HEARING Action: e�?l S,od b. CONSIDER A RESOLUT ON Action: /« ITEM 6. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1551 DICKENSON LANE. Comment: In 1998, the City gave a HOME /CDBG loan to Swenson & Associates to buy three lots to build three homes, including a home at 1551 Dickenson Lane. Swenson & Associates were unable to finish the project and deeded all three lots back to the City in lieu of foreclosure in 2000. One month later Swenson & Associates deeded 1551 Dickenson Lane to Susan Goodwin with City approval, which meant that the City's deed is a "stray deed." Due to an oversight, the City and Susan Goodwin never addressed the "stray deed" back in 2000. Susan Goodwin is selling the home, and the buyer's attorney is requesting that the City issue a warranty deed to the buyer to address the question of the "stray deed." Because the conveyance is solely to address a stray deed the buyer will not be paying the City any money. June 21, 2011 City of Iowa City Page 8 a. PUBLIC HEARING Action: G /e'5 z c� r i 2a� b. CONSIDER A RESOLUTION Action: i ITEM 7. AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE LEASE AGREEMENT WITH THE STATE BOARD OF REGENTS FOR THE UNIVERSITY OF IOWA FOR THE LEASE OF COMMERCIAL SPACE IN THE IOWA CITY PUBLIC LIBRARY BUILDING. Comment: Approve amendment to the lease agreement with the State Board of Regents for the University of Iowa for the lease of commercial space in the Iowa City Public Library. The amendment provides for two additional extensions of one year each: July 1, 2012 through June 30, 2013 and July 1, 2013 through June 30, 2014. This item was deferred from the June 7 Council agenda. a. PUBLIC HEARING Action: 2k 1; 110�d iI -a3n b. CONSIDER A RESOLUTION Action: A)rl`AY O ITEM 8. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH MARKET SQUARE PARK IMPROVEMENT 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. I/- a31 Comment: This project involves park redevelopment work including minor site grading for installation of sidewalk, foundations and lighting. The estimated construction cost is $325,000 and will be funded by General Obligation bond proceeds. a. PUBLIC HEARING Action: U. CONSIDEk P% r%r=ww 1 Rill Action June 21, 2011 City of Iowa City Page 9 ITEM 9. AMENDING CITY CODE TITLE 16, CHAPTER 3, CONNECTION TO DISTRIBUTION MAIN, ARTICLE C, SECTION 3. Comment: This ordinance will change the city code to address water service maintenance and shutoff issues for multi - family units with only one stop box and multiple meters. a. PUBLIC HEARING Action: � ,ax- � b. CONSIDER AN ORDINANCE (FIRST CONSIDERTION) Action: '!� =2W ITEM 10. APPROVING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE 2011 LANDFILL BUFFER AND GROUNDWATER MONITORING PROPERTY ACQUISITION PROJECT. 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 Property Acquisition Project. This public hearing provides interested parties the opportunity to present their views on the project and the proposed acquisition of property rights. 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. a. PUBLIC HEARING Action: - -" 2 b. CONSIDER A RESOLUTION Action: `'Ali V" // "(/A June 21, 2011 City of Iowa City Page 10 ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY, CHAPTER 4, ENTITLED, "NOISE CONTROL," AND TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTERS 1 AND 5, TO ESTABLISH A PERMIT SYSTEM FOR AMPLIFIED SOUND ON CITY PLAZA, TO ESTABLISH A PERMIT SYSTEM FOR INFORMATION TABLES ON CITY PLAZA, AND TO ALLOW CERTAIN PUBLIC ASSEMBLY /PARADE PERMITTEES TO SELL GOODS AND SERVICES AND USE AMPLIFIED SOUND. (SECOND CONSIDERATION) Comment: This ordinance establishes a permit system for amplified sound in City Plaza (aka, the ped mall). It also provides that those with public assembly /parade permits may sell goods and services and may also use amplified sound if the event meets certain criteria. It also establishes a permitting system for "information tables" in City Plaza. Information is defined in the ordinance. For additional background information, see a memo from staff in the May 12 information packet, a memo from the City Attorney in the June 7 agenda packet, and a memo from the City Attorney's Office in this packet. Staff recommends expedited consideration. Action: NOW g ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 5, MISCELLANEOUS OFFENSES, TO ADD A NEW SECTION 12, /i - 44 Z ENTITLED "FIREWORKS." (SECOND CONSIDERATION) Comment: This ordinance will simplify fireworks charges, which currently are prosecuted through the City's adoption of and amendments to the International Fire Code. This stand -alone code provision will prohibit the use, possession, public display or sale of fireworks without a permit, excepting certain types of sparklers, caps and snakes which do not contain mercury. Staff requests expedited action. Action: ITEM 13. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SIXTH AMENDMENT TO..THE PENINSULA r r a 33 NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. (PDC) Comment: This resolution authorizes the Mayor to sign and the City Clerk to attest the sixth amendment to the Peninsula Neighborhood Development Agreement. This amendment would extend the deadline for conveyance of Phase 3 from July 1, 2011 to December 1, 2011. Staff memorandum and correspondence included in Council packet. Action: Z 71 O June 21, 2011 City of Iowa City Page 11 ITEM 14. CONSIDER A RESOLUTION DECLARING THE CITY OF IOWA CITY'S CONSENT TO INCLUDE CERTAIN AGRICULTURAL LAND IN THE SCOTT SIX URBAN RENEWAL AREA, AMENDMENT NO. I. Comment: The City owns certain land proposed to be added to the Scott Six Urban Renewal Area. Because it is or has recently been used for agricultural purposes and is over 10 acres, it is defined as "agricultural land" in Iowa Code Chapter 403, the state urban renewal code. Chapter 403 requires that owners of agricultural land consent to having the land included in an urban renewal area. Action: r i ITEM 15. CONSIDER A RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED �i a35 AMENDMENT TO THE SCOTT SIX URBAN RENEWAL PLAN IN THE CITY OF IOWA CITY, IOWA. Comment: The proposed resolution states that the Council has reasonable cause to believe that the proposed amendment to the Scott Six Urban Renewal Area satisfies the eligibility criteria for designation as an urban renewal area under Iowa law. The resolution sets the date for a consultation between the taxing entities and notes proper notice and copies of the plan have been provided to such entities, confirms the plan has been duly submitted to the Planning and Zoning Commission for its recommendations, acknowledges the necessity of obtaining consent from owners of agricultural land for inclusion in the plan and sets the public hearing on the proposed urban renewal plan for August 2, 2011. The resolution also provides for publication and dissemination of the notice of the public hearing. Action: ITEM 16. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY 0- a3 (P CLERK TO ATTEST THE FY2012 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Comment: This resolution approved the FY2012 agreement for Iowa City Transit to provide transit service within the corporate limits of University Heights. The level of transit service provided will remain the same as in FY2011. The proposed FY2012 contract amount of $33,156 is an increase from FY2011 amount based on the National Consumer Price Index, and is an increase of 0.8 %. University Heights approved the agreement at their June 14, 2011 Council meeting. Action: June 21, 2011 City of Iowa City Page 12 ITEM 17. N - 23rl CONSIDER A RESOLUTION ALLOCATING THE HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2012. Comment: The City has budgeted funds in the FY12 Budget for Human Services Aid to Agencies. The Housing and Community Development Commission (HCDC) has recommended the sub - allocation of these funds to human services agencies in the amount of $422,950. On January 6, 2011 HCDC recommendation included a contingency fund of $7,197 and Lifeskills allocation of $1,500. After the HCDC recommendation, we were notified of cuts to the CDBG program, over budgeting the general fund allocation, and that Lifeskills (a mental health human services agency) closed in May. On April 21, 2011 HCDC recommended the removal of the contingency fund. Staff recommends not allocating funds to Lifeskills, as they are closed. The funding allocation recommendation is attached to the resolution. Action: ITEM 18. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS. Comment: The Iowa City Police Department, in partnership with the Johnson County Sheriff's Office, is making application for the 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) program administered by the U.S. Department of Justice. The Departments were notified that they were eligible for a total of $52,932.00. In accordance with past practice and the application process, the parties have agreed to split the award 52% for Iowa City ($27,525) and 48% to Johnson County ($25,407), and that the City of Iowa City will take responsibility for the application and management of this grant under the terms of the interlocal agreement. Staff memorandum included in Council packet. Action: ITEM 19. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE IOWA DEPARTMENT OF 11-d 3q TRANSPORTATION AND THE CITY OF IOWA CITY FOR THE IOWA CITY RAIL PORT PROJECT. (RRLG ST11(04) — 9T -52) Comment: This resolution authorizes the Mayor to sign the Railroad Revolving Loan and Grant Program agreement between the Iowa Department of Transportation and the City of Iowa City, for funds for rail sidings, spurs and associated infrastructure in the Iowa City Industrial Campus. Iowa City has been awarded funds for 50% of rail infrastructure costs in the Iowa City Industrial Campus, up to $1,056,200. The local funds for this project are included in the adopted Capital Improvements Program; Project #4512. Action: � //y iv � i�a: June 21, 2011 City of Iowa City Page 13 ITEM 20. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR fir, a� CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS PROJECT. Comment: Bids for this project were opened on Tuesday, June 14, 2011 and the following bids were received: Maxwell Construction, Inc. Iowa City, IA $ 3,164,621.10 Ricklefs Excavating, Ltd. Anamosa, IA $ 3,264,884.90 Carter & Associates, Inc. Coralville, IA $ 3,305,774.30 Dave Schmitt Construction Cedar Rapids, IA $ 3,522,048.80 Tschiggfrie Excavating Dubuque, IA $ 3,856,110.88 Minger Construction, Inc. Chanhassen, MN $ 3,937,747.93 Engineer's Estimate $ 3,650,000.00 Public Works and Engineering recommended award of the contract to Maxwell Construction, Inc. of Iowa City, IA. The project will be funded b a loan from the Landfill to be repaid by the General Fund. Action: ITEM 21. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE ADOPTION OF THE EAST CENTRAL IOWA COUNCIL l� azf 1 OF GOVERNMENTS' UPDATED REGIONAL COMPREHENSIVE INTEGRATED SOLID WASTE MANAGEMENT PLAN 2011 -2017. Comment: City staff has worked with ECICOG staff to update the regional solid waste plan. Updates for Iowa City include expansion of waste reduction and recycling programs currently in place and the addition of several new programs at the Iowa City Landfill and Recycling Center to meet the Department of Natural Resources' waste reduction and recycling goals. Copies of the Plan and staff memorandum were included in the June 9 information packet. Action: ITEM 22. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE NOVEMBER 2, 2009 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LOWER MLf ATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE). 55 Comment: This amendment authorizes Foth Infrastructure and Environment, LLC to provide additional engineering services for project design modifications and project plan design, including a new roadway lighting system and additional storm sewer and water main. The amendment cost is $98,793 and will be funded with General Obligation Bond proceeds. Amendment #1 will bring the total consultant services fees to $353,793. Estimated construction cost of the Lower Muscatine Road Improvements from Kirkwood Avenue to 1St Avenue Project is $5,488,000. June 21, 2011 City of Iowa City Page 14 Action: ITEM 23. 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 FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT. Comment: This agreement authorizes Foth Infrastructure and Environment, LLC to provide design engineering services related to construction of the First Avenue Storm Sewer Improvements Project. This project will include construction of new storm sewer to reduce the frequency of flooding on First Avenue south of Mall Drive and behind the mini -mall located at 1705 First Avenue. The total cost of design engineering services is $131,225. This project will be funded with General Obligation Bond proceeds. Action: ITEM 24. CONSIDER A RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Comment: The City has the authority under Iowa Code §364.136 to assess the nuisance abatement costs in the same manner as a property tax. This resolution allows the City Clerk to certify to the Johnson County Treasurer the abatement cost to be assessed against the property. This assessment is being pursued only after the City took many steps to resolve the matter. The City notified the home owners to abate the nuisance (for example, to remove snow from the sidewalk) and after the home owner did not take action to abate the nuisance, the City abated the nuisance and billed the owner. After being billed at least twice, these owners still have not paid the abatement costs. The City has sent a letter to the home owner giving them notice that this resolution would be on the agenda, a copy of which is attached to the resolution. No interest will be charged if the owner pays within 30 days of the first required publication. Attached as an exhibit to the resolution is a list of the properties that will be assessed and the amount that will be assessed. Action: June 21, 2011 City of Iowa City Page 15 ITEM 25. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CITY MANAGER'S OFFICE AND THE EXECUTIVE AND ADMINISTRATIVE PAY 3'�" 5 PLANS BY DELETING THE ASSISTANT CITY MANAGER POSITION (EXECUTIVE GRADE 34) AND ADDING AN ASSISTANT TO THE CITY MANAGER POSITION (ADMINISTRATIVE GRADE 31). Comment: The City Manager has recommended this change as a cost saving measure. The creation of the Assistant to the City Manager position will provide for future internal growth opportunity for the assistant position and may provide a logical succession plan for an internal candidate for future City Manager openings. These changes will be effective upon the retirement of the current Assistant City Manager and will result in an approximate annual savings of $26,475. ITEM 26. 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 a five -year term January 1, 2007 - December 31, 2011. (Carl Williams resigned). b) Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1, 2009 - December 31, 2013. (Term expires for Dennis Keitel). c) Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2006 — December 31, 2011. (Term expires for Mark Anderson). d) Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2010 — December 31, 2015. (Term expires for Brian Sponcil) e) Appeals, Board of — One vacancy to fill a five -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) 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) June 21, 2011 City of Iowa City Page 16 h) Parks & Recreation Commission — One vacancy to fill an unexpired term, effective upon appointment, ending January 1, 2014. (Lorin Ditzler resigned) i) Police Citizens Review Board — One vacancy to fill a four -year term September 1, 2011 — September 1, 2015. (Term expires for Donald King) j) Senior Center Commission — One vacancy to fill an unexpired term, effective upon appointment, ending December 31, 2012. (Unexpired term for Jean Martin) k) Youth Advisory Commission — One vacancy to fill an unexpired term, effective upon appointment, plus a two -year term January 1, 2012 — December 31, 2013. One (1) person — Regina High (Matt Lincoln resigned) 1) Youth Advisory Commission — One vacancy to fill a two -year term January 1, 2011 — December 31, 2012 One (1) person —Tate High � eal APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JULY 13, 2011. ITEM 27. COMMUNITY COMMENT [IF NECESSARY] /(ITEMS NOT ON THE AGENDA). ITEM 28. CITY COUNCIL INFORMATION. ITEM 29. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. b) City Attorney. C) City Clerk. ITEM 30. ADJOURNMENT. g:�