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_
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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
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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.
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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.
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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).
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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.