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HomeMy WebLinkAbout2011-09-06 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. Iowa City X r� City Council Agenda -•-� -- �h4 CITY OF IOWA CITY a 14-Regular Formal September 6, 2011 - 7:00 p.m. City Hall — Harvat Hall 410 E. Washington Street www. icaov. orq ITEM 1. CALL TO ORDER. ROLL CALL. ITEM 2. PROCLAMATIONS a) Constitution Week — September 17 -23, 2011 ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALE DA AS PRESENTED OR AMENDED. a) Approval of Council Actions, subject to corrections, as recommended by the City Clerk: 1. August 1, Special Council Formal Official and Complete 2. August 1, Regular Council Work Session 3. August 2, Regular Council Formal Official and Complete 4. August 29, Special Council Formal Official and Complete 5. August 31, Special Council Formal Official and Complete b) Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). 1. Board of Adjustment: July 13, 2011 2. Board of Appeals: August 2, 2010 3. Board of Appeals: August 1, 2011 [This item should be referred to the Rules Committee for review of revised by- laws.] 4. Historic Preservation Commission: July 14, 2011 5. Human Rights Commission: July 19, 2011 6. Planning & Zoning Commission: July 21, 2011 7. Public Art Advisory Committee: May 5, 2011 8. Senior Center Commission: May 19, 2011 9. Telecommunications Commission: June 27, 2011 C) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class C Liquor License for Gabe's, LLC, dba Gabe's, 330 E. Washington St. 2. Outdoor Service Area for Gabe's, LLC, dba Gabe's, 330 E. Washington St. September 6, 2011 City of Iowa City Page 2 Renewal: 3. Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood 4. Class C Liquor License for Cream, LLC, dba Union Bar, 121 E. College St. 5. Class C Liquor License for Jaxco, LLC, dba BlackStone, 503 Westbury Dr. Suite 1. 6. Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market St. 7. Special Class C Liquor License for Englert Civic Theatre, LP, dba Englert Theatre, 221 E. Washington St. 8. Class C Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St. 9. Class C Liquor License for Yen Ching IC, Corp., dba Yen Ching, 624 S. Gilbert St. 10. Class C Liquor License for Hall Place Ventures, Corp., dba Airliner Bar, 22 S. Clinton St. 11. Class C Beer Permit for Casey's Marketing Company, dba Casey's General Store #2761, 204 N. Dubuque St. 12. Class C Beer Permit for Casey's Marketing Company, dba Casey's General Store #2781, 1410 Willow Creek Dr. 13. Class C Liquor License for Los Portales Mexican Restaurant, dba Los Portales, 1402 S. Gilbert St. 14. Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow Cafe, 160 N. Linn St. 15. Class C Liquor License for Short's Burger and Shine, LLC, dba Short's Burger and Shine, 18 S. Clinton St. 16. Resolution to issue Dancing Permit to Cream , LLC, dba Union Bar, 121 E. College St. i -d-'71 17. Resolution to issue Cigarette Permit to Cragar Cigars, 821 Melrose Ave. d) Setting Public Hearings: 1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 20, 2011 ON PLANS, SPECIFICATIONS, FORM OF a� CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER WORKS PRAIRIE PARK FLOOD MITIGATION IMPROVEMENTS 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 elevate exterior electrical equipment, floodproof the well house building, and elevate electrical equipment inside the well house building for three of the City's water supply well facilities within the Water Works Prairie Park. The estimated construction cost is $385,000 and will be funded with Hazard Mitigation Grant Program proceeds and Water revenues. September 6, 2011 City of Iowa City Page 3 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON I a7 3 SEPTEMBER 20, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PHASE 1 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS 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: Phase 1 of this project will include the installation of new storm sewer and pavement removal and replacement behind the mini -mall located at 1705 First Avenue. The estimated construction cost of Phase 1 is $340,000 and will be funded with General Obligation Bond proceeds. ff 2 7 3. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON TUESDAY, SEPTEMBER 20, 2011, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE 2011 PARKING RAMP REPAIR 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 resolution sets a public hearing on Plans, Specifications, Form of Contract and Estimate of Cost for the 2011 Parking Ramp Repair Project. This project will include the removal and repair of caulk joints in three of our parking facilities. Minor concrete removal and repair will also be completed. The estimated cost for this project is $176,000.00 to be paid out of parking operations. i _ a 4. CONSIDER A RESOLUTION OF INTENT TO ENTER INTO A LEASE AGREEMENT WITH WELLS FARGO COMPANY FOR LIMITED OCCUPATION AND POSSESSION OF THE KIOSK LOCATED IN THE COLLEGE STREET PEDESTRIAN MALL ALONG THE CLINTON STREET FRONTAGE FOR INSTALATION OF AN ATM MACHINE AND NECESSARY EQUIPMENT FOR THE SUM OF $500 PER MONTH, AND SETTING A PUBLIC HEARING ON SAID LEASE AGREEMENT FOR SEPTEMBER 20, 2011. Comment: Pursuant to Iowa Code Section 364.7, before the City Council may engage in any lease agreement exceeding a term of three (3) years, it must be proceeded by a public hearing. Wells Fargo Company, who may be relocating from its current property at 112 E. Dubuque St., has approached the City with the proposal to install an ATM machine in the College Street pedestrian mall kiosk fronting along Clinton Street for an intial term of five (5) years, with the option to renew said lease for four (4) additional five (5) year terms upon agreement between the City and Wells Fargo. This Resolution declares the City's intent to enter into a lease agreement with Wells Fargo Company of the limited occupation and possession of the kiosk located in the College Street pedestrian mall along the Clinton Street frontage for the sum of $500 per month and sets a public hearing on the proposed lease agreement for September 20, 2011, and directs the City Clerk to publish notice of said hearing. September 6, 2011 City of Iowa City Page 4 e) Resolutions. 1. CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A RELEASE REGARDING THE PURCHASE OF 336 S. GOVERNOR STREET. Comment: The City purchased 336 S. Governor Street on August 8 as part of the UniverCity program. Upon examining the abstract, the City Attorney's Office questioned the legal description because it appears that the northern lots of a subdivision approved in 1866 overlaps with a lot in the plat of "Old Town" (the first plat of the City). At the time the City made the offer, the lot was being sold on contract. Because of this legal description issue, the City refused to close on the sale unless the contract purchaser contribute toward a survey of the lot. The contract purchaser in turn demanded that the contract seller contribute funds to cover the cost of the survey. The contract seller agreed to do so but was concerned that the City and /or the contract purchaser would make additional claims after closing. Staff recommends that the City execute the release. 1 a7'1 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH WEST BANK FOR PROPERTY LOCATED AT 3333 LOWER WEST BRANCH ROAD, IOWA CITY, IOWA. Comment: The City provided the owner with down payment assistance in her purchase of 3333 Lower West Branch Road and secured the loan with a mortgage junior to the primary loan. The lender has agreed to refinance her primary mortgage to obtain a lower interest rate if the City agrees to subordinate its mortgage. Staff recommends approval. il- a7 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 1223 GINTER STREET, IOWA CITY, IOWA. Comment: The owner of the property received assistance through the City of Iowa City Housing Rehabilitation program. The loan has been paid off; thus the lien needs to be released. 4. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH WEST BANK FOR PROPERTY LOCATED AT 2258 RUSSELL DRIVE, IOWA CITY, IOWA. Comment: The City provided the owner with loan to purchase a home through the Affordable Dream Home Program (ADHOP) and secured the loan with a mortgage junior to the primary loan. The lender has agreed to refinance the primary mortgage to obtain a lower interest rate if the City agrees to subordinate its mortgage. Staff recommends approval. September 6, 2011 City of Iowa City Page 5 5. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE MCCOLLISTER BOULEVARD PCC PAVEMENT [HDP- 3715(628)-- 71 -52] AND MCCOLLISTER BOULEVARD BRIDGE [HDP- 3715(634)-- 71 -52] 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. 6. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2010 SANITARY SEWER REHABILIATION 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. 7. CONSIDER A RESOLUTION ACCEPTING THE 2011 WATER MAIN DIRECTIONAL BORING PROJECT. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. 8. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE „ -a 23 SANDUSKY STORM SEWER 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. rr g- 4 9. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE — PART THREE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. 10. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND r t - J- 5 THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2651 WHISPERING MEADOWS DRIVE, IOWA CITY, IOWA. Comment: The Iowa Valley Habitat for Humanity owns the property located at 2651 Whispering Meadows Drive and received assistance through the City of Iowa City's Community Development Block Grant funds (CDBG). The CDBG assistance is secured by a mortgage on this property. Habitat is conveying this property to a family. Because the family has executed a mortgage in favor of the City to secure the CDBG assistance, the City can release this particular lot. September 6, 2011 City of Iowa City Page 6 11. 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 614 RUNDELL STREET, IOWA CITY, IOWA. Comment: The owner of the property received assistance through the City of Iowa City Housing Rehabilitation program. The terms of the loan have been satisfied; thus the lien needs to be released. t . age 12. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 22 REGAL LANE, IOWA CITY, IOWA. Comment: The owner of the property received assistance through the City of Iowa City Housing Rehabilitation program. The terms of the loan have been satisfied; thus the lien needs to be released. a 13. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1522 DICKENSON LANE, IOWA CITY, IOWA. Comment: MidWestOne Bank has requested that the City approve a Subordination Agreement for property at 1522 Dickenson Lane. On August 1, 2002, the owner of the property received a loan with Community Development Block Grant (CDBG) funds from the City of Iowa City for the amount of $24,811. The property has enough equity to cover the City's second lien position, which is the City's original position. 14. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTIES LOCATED AT 1958 #5C BROADWAY STREET, 1820 HOLLYWOOD COURT AND 1822 HOLLYWOOD COURT, IOWA CITY, IOWA. Comment: In August 2000, the owner of the property received assistance through the City of Iowa City with HOME funds. The terms of the loan have been satisfied; thus the lien needs to be released. 15. CONSIDER A RESOLUTION APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Comment: The Iowa Department of Transportation requires all municipalities to submit this report annually on or before September 30. September 6, 2011 City of Iowa City Page 7 16. CONSIDER A RESOLUTION APPROVING AN AGREEMENT FOR RAILROAD CROSSING IMPROVEMENT PROJECT WITH IOWA INTERSTATE RAILROAD. Comment: This agreement with Iowa Interstate Railroad will allow for the improvement of an agricultural crossing for the 420th Street Industrial Park into the new Compass Drive. The improvements will be performed at City cost. f) Motions. 1. CONSIDER A MOTION TERMINATING THE AGREEMENT BETWEEN THE CITY AND THE DOWNTOWN ASSOCIATION (DTA) FOR THE ADMINISTRATION OF FOUR DOWNTOWN IOWA CITY INFORMATION KIOSKS AS APPROVED BY RESOLUTION NO. 08 -9. Comment: The DTA concurs with the termination of this agreement, which will allow the City to accommodate a request from the Moen Group to lease a kiosk to Wells Fargo Bank for use as an ATM. 2. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $23,458,149.13 FOR THE PERIOD OF JULY 1 THROUGH JULY 31, 2011, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE. r- g) Correspondence. 1. Traffic Engineering Planner: Installation of NO PARKING ANYTIME signs on the south side of Iowa Avenue 2. Traffic Engineering Planner: Installation of N® PARKING 8AM -5PM signs on B'Jaysville Lane, east of Dubuque Street, at locations where parking is currently allowed 3. Ronald Knoche: Final Acceptance of Public Improvements 4. Aric K. Asplund: Red Light Cameras 5. Gary A Hughes: Legality of Traffic Cameras / Unequal Enforcement 6. Garry Klein: Planning for a vibrant future 7. Katee Lynch: Unidentified City Parks 8. Kurt Kimmerling: Taft Speedway /No name Road Flood Mitigation Study (X2) 9. Judith Pfohl: Noise Ordinance [staff response included] 10. Heinz Munz: EKO FLOOD SYSTEM — a T(R)AFT SPEEDWAY ALTERNATIVE SOLUTION 11. Brittany Till: Daily Iowa Questions re Meter Enforcement [staff response included] 12. Mick Payne: Iowa City Magic Bus 13. Peter Anderson: Magic Bus & Parking On Gameday (X2) [sA, �` =Po•�g� '^c��aca «�� 14. Lester & Laverne Gardner: Thank you for firemen emergency response 15. (The Rev.) Mel Schlachter: 9/11 Tenth Anniversary Observance 16. Michelle Payne: Empower U Save The Date r _,,, -4 CITY OF IOWA CITY 1 MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: September 6 Age ITEM 3f (3) (Addition) CONSIDER A MOTION NOTIFYING THE IOWA CITY PLANNING AND ZONING COMMISSION OF THE PETITION FOR THE ESTABLISHMENT OF THE IOWA CITY DOWNTOWN SELF SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT FILED WITH THE CITY CLERK ON AUGUST 25, 2011 AND REFERRING SAID PETITION TO THE PLANNING AND ZONING COMMISSION FOR THE PREPARATION OF AN EVALUATIVE REPORT FOR THE COUNCIL ON THE MERIT AND FEASIBIILITY OF THE PROJECT, ALL IN ACCORDANCE WITH CHAPTER 386.3(3) OF THE CODE OF IOWA. Comment: On August 25, 2011, a petition for the establishment of the Iowa City Downtown Self Supported Municipal Improvement District (SSMID) was filed with the City Clerk. The petition contains the signatures of at least 25% of the property owners representing at least 25% of the property valuation in the proposed district as required by state law. State law requires that upon receipt of a petition for establishment of a SSMID, the Council shall notify the City Planning Commission which is to make recommendations to the Council regarding the proposed district. Per Iowa Code, the council shall not hold its public hearings or take further action on the establishment of the district until it has received the report of the Planning and Zoning Commission. ITEM 3g (13) (Revision) Peter Anderson: Magic Bus & Parking on Gameday (x2) [Staff response included] September 6, 2011 City of Iowa City Page 8 / Action:- ZAEI,,m/. ,END OF CONSENT CALENDAR. /3 aA a4 l �le, S-f _63) 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. �y ITEM 5. PLANNING AND ZONING MATTERS. (Item " - - ") will proceed as outlined in the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications. ") A) REZONING APPROXIMATELY 10 ACRES OF LAND LOCATED AT 350 DUBLIN DRIVE FROM PLANNED DEVELOPMENT OVERLAY 8 (OPD -8) TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY MULTI - FAMILY 12 (OPD- RM12). (REZ11- 00005) Comment: At its July 21 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 July 21. Approval will allow the addition of 9 assisted living apartments to the existing 80 -units in Melrose Meadows Retirement Community. PUBLIC HEARING Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: -� �1112 ����1 q 0 B) AMENDING TITLE 14, ZONING CODE, ARTICLE 9A, GENERAL DEFINITIONS, TO CLARIFY THE DEFINITION OF ENLARGEMENT /EXPANSION AS IT RELATES TO ALCOHOL SALES - ORIENTED USES. Comment: At its July 21 meeting, by a vote of 6 -0 (Plahutnik absent), the Planning and Zoning Commission recommended approval of this amendment to the zoning code. Staff recommended approval in a report dated July 21. PUBLIC HEARING Action: September 6, 2011 City of Iowa City Page 9 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: v 012 C) AMENDING PARAGRAPH 14- 413- 413-17, SALES - ORIENTED RETAIL IN THE CI- 1 ZONE, TO ALLOW PET SUPPLY STORES. Comment: At its July 21 meeting, by a vote of 6 -0 (Plahutnik absent), the Planning and Zoning Commission recommended approval of this amendment to the zoning code. Staff recommended approval in a report dated July 21. Approval will allow pet supply stores to be located in the CI -1 zone. 1. PUBLIC HEARING Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: 0 - ,t � �� D) CONSIDER 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. (PASS AND ADOPT) 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: / /Wt vs 12 -t '-i� E) CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF ROCHESTER RIDGE, PART TWO, IOWA CITY, IOWA. (SUB11- 00009). Comment: The preliminary plat for Rochester Ridge was approved by the City Council on August 2, 2011, along with the final plat for Part One of the subdivision. Part One included 18 lots and the stormwater management area for the entire subdivision. Staff recommends approval of the final plat for Part Two subject to approval of legal papers and construction drawings. It is anticipated that legal papers and construction drawings will be approved prior to the September 6 City Council meeting. Approval will allow the development of a 13 -lot, 4.57 acre residential subdivision located at 2949 Rochester Avenue. Action a t_,� "71"�' September 6, 2011 City of Iowa City Page 10 ITEM 6. CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 920 LONGFELLOW PLACE. Comment: The Iowa City Housing Authority, under its Affordable Dream Home Program, proposes to sell 920 Longfellow Place. The amount of the sale will be $147,000. The family is not currently assisted through the Housing Authority, but meets income eligibility criteria. The buyer has received a written commitment for a mortgage from a local bank in the amount of $100,250. The City will provide a second mortgage for $36,750 and the buyer has applied for a third mortgage in DAP funds for the remaining $10,000. This sale will provide the opportunity for a low- income family to obtain ownership of their own home. a. PUBLIC HEARING Action: no XIte b. CONSIDER A RESOLUTION AUTHORIZING Action: % /r/c� a Lei ITEM 7. A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOSEPH AND ANN TUREK FOR PROPERTY LOCALLY KNOWN AS 201 FERSON AVE., IOWA CITY, AND RETAINING A PERMAMENT STORM SEWER AND DRAINAGEWAY EASEMENT. Comment: The property at 201 Ferson Ave. was declared a nuisance and acquired by the City. Proposals were then invited and received for the sale and renovation or rebuilding of the property. The City has selected the Joseph and Ann (Betsy) Turek proposal, judging that it will best reimburse the City for the expenses incurred, as well as seeing to the rebuilding of the home consistent with the original style of the home. This resolution approves the Purchase Agreement, while retaining a Permanent Storm Sewer and Drainageway Easement. a. PUBLIC HEARING Action: ll%/ ,/Illirny b. CONSIDER A RESOLUTION APPROVING If- a93 Action: ZL —4r 4 f 0l_ r September 6, 2011 City of Iowa City Page 11 ITEM 8. AMENDING TITLE 9, ENTITLED MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS ", SUBSECTION B, ENTITLED "EXCEPTIONS ". Comment: Based on a speed study of the North Dodge Street corridor, the City Engineer and Iowa Department of Transportation recommend establishing the speed limit at 35 miles per hour between Prairie du Chien Road and a point 175 feet north of Conklin Lane and establishing the speed limit at 45 miles per hour from a point 175 feet north of Conklin Lane to a point 600 feet south of the city limits. a. PUBLIC HEARING Action: )10 ostz_� E k",L, '� -- 1J b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 3, OUTDOOR SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND PERMITS, SECTION A, LOCATION TO ESTABLISH NEW LOCATION STANDARDS FOR TEMPORARY OUTDOOR SERVICE AREAS WHEN REQUESTED IN NOW RESIDENTIAL ZONES. C rir 4 &Pxcl a ) Comment: This ordinance change would allow the City to issue permits for temporary outdoor service areas under the same location standards that apply to more permanent outdoor service areas approved on a year -round basis. Since so many of the City's commercial zones contain residential apartments above commercial storefronts, it is difficult to hold special events or festivals that include temporary outdoor service areas under the current location restriction, which prohibits temporary outdoor service areas that are within 100 feet of a residential use. For instance, under the current ordinance, a permit could not be issued for a temporary outdoor service area in the Northside Marketplace during the upcoming Octoberfest, a one -day event being held on October 1, because there are residential apartments located above the commercial storefronts in the area. This proposed change to the ordinance would allow each request for a temporary outdoor service area to be considered on its own merits based on the approval criteria in the City Code and subject to similar location standards as more permanent outdoor service areas that are permitted on a year - round basis. Action: September 6, 2011 City of Iowa City Page 12 ITEM 10. CONSIDER A RESOLUTION ADOPTING CRITERIA FOR THE IOWA CITY TRAFFIC r' J aR± CALMING PROGRAM. Comment: Approval of this resolution formalizes the change to the criteria for the Iowa City Traffic Calming Program, to allow traffic calming installation on collector streets with over 3,000 vehicles per day. This change in criteria was discussed at the August 1 Council work session. For streets with over 3,000 vehicles per day, traffic calming initiatives which reduce traffic speed, but do not emphasize diversion of traffic, will be emphasized. Action: ITEM 11. CONSIDER A RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED 2a 5 RIVERFRONT CROSSINGS URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA Comment: The proposed resolution states that the Council has reasonable cause to believe that the proposed Riverfront Crossings Renewal Area satisfies the eligibility criteria for blight designation as an urban renewal area under Iowa law. The resolution sets the date for a consultation with taxing entities; notes proper notice and that 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 and sets the public hearing on the proposed urban renewal plan for October 4, 2011. The resolution also provides for publication and dissemination of the notice of the public hearing. Action: ITEM 12. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT STP- U- 3715(651)- - 70 -52. Comment: Bids for this project were opened by the Iowa Department of Transportation on August 16, 2011 and the following bids were received: Peterson Contractors, Inc. Reinbeck, IA $ 896,589.55 Cramer & Associates Inc. Grimes, IA $ 961,574.23 Iowa Bridge & Culvert Washington, IA $ 1,005,570.17 United Contractors Inc. Johnston, IA $ 1,209,821.85 Engineer's Estimate $ 1,007,037.00 Public Works and Engineering recommended award of the contract to Peterson Contractors, Inc. of Reinbeck, Iowa. The project will be funded by Surface Transportation Program (STP) funds, City of Iowa City General Obligation bond proceeds, and Johnson County. Action: zbir /�r11 i September 6, 2011 City of Iowa City Page 13 ITEM 13. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE tl aR I MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE- HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE HIGHWAY 1 TRAIL PROJECT — ORCHARD STREET TO SUNSET STREET. Comment: This project involves the construction of a 10 -foot wide trail along the north side of Highway 1 from Sunset Street to Orchard Street and an 8 -foot wide trail along the west side of Orchard Street. This project will also include 5 -foot wide sidewalks along the east side of Miller Avenue and the west side of Hudson Avenue, a Highway 1 crossing at the Wal -Mart entrance and a walk connection to the existing walk on the east side of Sunset. The total cost of the services is not to exceed $134,750 and will be funded with General Obligation bond proceeds. /_T41M ITEM 14. 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 SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE ROCHESTER BRIDGE REPLACEMENT PROJECT. Comment: This agreement will provide engineering design and construction related services, from concept planning through final design and construction for the reconstruction of the Rochester Avenue Bridge over Ralston Creek. The existing bridge is considered structurally deficient and has qualified to receive Federal -aid funding for replacement through the Highway Bridge Program. The negotiated hourly not -to- exceed contract amount is $88,706.57 and will be funded 80% with Iowa Department of Transportation Federal -Aid Surface Transportation Program funds and the remaining local share with General Obligation bond proceeds. Action: ITEM 15. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS 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 Storm Sewer Improvements Project. This project involves the installation of new storm sewer and related work in the area of First Avenue between the Lower Muscatine Reconstruction Project and the First Avenue Grade Separation Project. Action: September 6, 2011 City of Iowa City Page 14 ITEM 16. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND IOWA NETWORK SERVICES TO CONSTRUCT AN UNDERGROUND DUCT AND HANDHOLE SYSTEM FOR CITY USE. Comment: This agreement will provide for the installation of underground duct for future fiber optic cable installation and will allow for the transition of aerial fiber optic lines to underground fiber optic lines. This change will provide better protection from weather and other potential hazards to various fiber optic lines serving public safety facilities and utility infrastructures. The negotiated cost is $106,619 and will be funded with Wastewater revenues, Landfill revenues, Water revenues, Road Use tax proceeds, and General Operating funds. Action: ITEM 17. CONSIDER A RESOLUTION ADOPTING THE CITY TITLE VI COMPLIANCE PLAN. rl -3D1 Comment: Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination based on race, color, and national origin in federal funding. The Iowa Dept. of Transportation (IDOT) has worked with City staff (and other governmental subdivisions) on a plan to implement Title VI requirements such as establishing a complaint procedure and appointing a coordinator for federal monies. The City must adopt a Title VI plan in order to receive Federal Highway Administration (FHWA) funds, which are administered by IDOT, in the future. This plan addresses all federal funding, not just transportation funds, and is consistent with the broader contract compliance plan adopted by Council that prohibits discrimination based on all the protected classes in the City of Iowa City Human Rights Ordinance. Action: ITEM 18. CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE GRANT WOOD NEIGHBORHOOD ART rr -3aa PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Comment: The Iowa City Public Art program offers the opportunity for neighborhoods to develop their own Neighborhood Art Project. The Grant Wood Neighborhood Association has been working with local artist Jill Harper to create a project to highlight the entranceway to South Sycamore Greenway Trail located on Lakeside Drive. The project will consists of two - 8 foot tall mosaic covered pillars that will be located on either side of the entrance way. Local high school students will assist in creating the mosaics work under Jill's supervision. The Public Art Advisory Committee approved the proposal for the project at their May 5, 2011 meeting. The contract and proposal are attached to the resolution. Action: September 6, 2011 City of Iowa City Page 15 ITEM 19. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND 3D3 THE IOWA CITY AIRPORT COMMISSION REGARDING THE DIVISION AND USE OF FUNDS GENERATED FROM THE SALE OF PARCELS IN AVIATION COMMERCE PARK NORTH. Comment: The City Council for the City of Iowa City ( "City ") and the Iowa City Airport Commission ( "Commission ") have reached a mutual agreement and understanding regarding the use of funds generated from the sale of parcels in Aviation Commerce Park North, which division will establish a maintenance contingency reserve fund while allow for matching funds for grant submissions. As it is in the public interest to memorialize such agreement and understanding for the benefit of current and future Commissions and Councils as well as airport users, this Resolution authorizes the Mayor to sign and the City Clerk to attest the Agreement. Action: Clan' ITEM 20. 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 §364.138 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 to the resolution is a list of the properties that will be assessed and the amount that will be assessed. Both properties were included in the assessment process started in June of this year but due to a publication error the procedure needs to be reinitiated. Action: ITEM 21. 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.] September 6, 2011 City of Iowa City Page 16 Previous: a) Parks & Recreation Commission — One vacancy to fill an unexpired term, effective upon appointment, plus a four -year term January 1, 2012 - January 1, 2016. (Jerry Raaz resigned) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, September 14, 2011. ITEM 22. CITY COUNCIL COMMITTEE APPOINTMENTS a) Future Transit Needs in Iowa City Urbanized Area Committee Metropolitan Planning Organization of Johnson County (MPOJC) is requesting an appointment. Information is included in the Council packet. 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 a five -year term January 1, 2007 - December 31, 2011. (Carl Williams resigned). l a 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) September 6, 2011 City of Iowa City Page 17 g) Senior Center Commission — One vacancy to fill an unexpired term, effective upon appointment, ending December 31, 2012. (Unexpired term for Jean Martin) h) Youth Advisory Commission — One vacancy to fill a two -year term January 1, 2011 — December 31, 2012 One (1) person — Tate High 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. A G A, b) City Attorney. C) City Clerk. ITEM 27. ADJOURNMENT.