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HomeMy WebLinkAbout2012-04-03 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356- 5040. 'r Iowa City -eft, m m City Council Agenda � Regular Formal CI- r IOWA CITY April 3, 2012 - 7:00 p.m. &� City Hall — Harvat Hall 410 E. Washington Street www.icgov.org ITEM 1. CALL TO ORDER. ITEM 1 a Roll Call ITEM 2. PROCLAMATION A n/��T- � ITEM 2a Fair Housing Month — April 2012''"" �6 n ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS— P!0M Elementa ITEM 3a Nourah Abusada ITEM 3b Patrick McMillan ITEM 4. CONSIDER ADOPTION OF TH CONSENT CALENDAR AS PRESENTED OR AMENDED. ITEM 4a. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: ITEM 4a(1) March 20 Council Work Session ITEM 4a(2) March 20 Regular Council Formal Official and Complete ITEM 4a(3) March 21 Joint Meeting — Work Session ITEM 4b. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). ITEM 4b(1) Airport Commission — February 16 ITEM 4b(2) Human Rights Commission — February 21 ITEM 4b(3) Planning & Zoning Commission — February 27 ITEM 4b(4) Planning & Zoning Commission — March 1 ITEM 4b(5) Police Citizens Review Board — February 22 ITEM 4b(6) Senior Center Commission — February 16 ITEM 4c. Permit Motions and Resolutions as Recommended by the City Clerk. (New) ITEM 4c(1) Class C Liquor License for Katy, LLC, dba Trumpet Blossom Cafe, 310 E. Prentiss St. Outdoor Service Area for Katy, LLC, dba Trumpet Blossom Cafe, 310 E. Prentiss St. (Renewal) ITEM 4c(2) Class C Liquor License for L & M Iowa City Investments, LLC, dba Chef's Table, 223 E. Washington St. ITEM 4c(3) Special Class C Liquor License for Little Donkey's , Inc., dba Panchero's Mexican Grill, 32 S. Clinton St. ITEM 4c(4) Special Class C Liquor License for Freshmex Iowa City, LLC, dba Panchero's Mexican Grill, 965 S. riverside Dr. April 3, 2012 City of Iowa City Page ITEM 4c(5) ITEM 4c(6) Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. ITEM 4d. Resolutions: ITEM 4d(1) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE EECBG WATER is - /.I- PLANT IMPROVEMENT PROJECTS 2011. Comment: The project has been completed by Randall Electric, Inc. of Iowa City, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. ❖ Project Estimated Cost: $ 86,250.00 ❖ Project Bid Received: $ 143,350.00 ❖ Project Actual Cost: $ 154,080.05 ITEM 4d(2) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE TERRY la- /a5 TRUEBLOOD RECREATION AREA - PHASE 2 IMPROVEMENTS PROJECT. Comment: The project has been completed by Tricon General Construction of Dubuque, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. ❖ Project Estimated Cost: $ 1,330,500.00 ❖ Project Bid Received: $ 1,192,089.00 ❖ Project Actual Cost: $ 1,291,637.75 4. ITEM 4d(3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR ^� TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BILL MIHALOPOULOS, AND TENANT ATLAS WORLD GRILL, INC D /B /A ATLAS WORLD GRILL, FOR A SIDEWALK CAFE. Comment: Bill Mihalopoulos, as landowner, and Atlas World Grill, Inc d /b /a Atlas World Grill, seek a renewal of a license agreement for temporary use of public right - of -way at 127 Iowa Avenue, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. ITEM 4d(4) CONSIDER A RESOLUTION CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT LUSATI, INC. D /B /A QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE. Comment: Moka Java LLC, as landowner, and Lusati, Inc. d /b /a Quinton's Bar & Grill, seek a renewal of a license agreement for temporary use of public right -of -way at 215 Washington Street, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. April 3, 2012 City of Iowa City Page 3 ITEM 4d(5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN ET AL, AND TENANT LINN STREET CAFE INC. D /B /A LINN STREET CAFE, FOR A SIDEWALK CAFE. Comment: Marc Moen et al, as landowner, and Linn Street Cafe Inc. d /b /a Linn Street Cafe, seek a renewal of a license agreement for temporary use of public right - of -way at 121 N. Linn Street, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. ITEM 4d(6) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT SALOON OF IOWA CITY, L.C. D /B /A SALOON, FOR A SIDEWALK CAFE. Comment: Maureen Mondanaro, as landowner, and Saloon of Iowa City, L.C, d /b /a Saloon, seek a renewal of a license agreement for temporary use of public right -of- way at 112 College Street, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. ITEM 4d(7) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE !a- J3D CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT GIVANNI'S OF IOWA CITY D /B /A GIVANNI'S, FOR A SIDEWALK CAFE. Comment: Maureen Mondanaro, as landowner, and Givanni's of Iowa City d /b /a Givanni's, seek a renewal of a license agreement for temporary use of public right -of- way at 109 College Street, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. ITEM 4d(8) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MIDWESTONE BANK, AND TENANT ICBB, LTD D /B /A BROWN BOTTLE, FOR A SIDEWALK CAFE. Comment: MidwestOne Bank, as landowner, and ICBB, Ltd d /b /a Brown Bottle, seek a renewal of a license agreement for temporary use of public right -of -way at 115 Washington Street, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. April 3, 2012 City of Iowa City Page 4 ITEM 4d(9) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER EVELYN OAKES, AND TENANT CHACKALACKAL, INC D /B /A ONE TWENTY SIX, FOR A SIDEWALK CAFE. Comment: Evelyn Oakes, as landowner, and Chackalackal, Inc d /b /a One Twenty Six, seek a renewal of a license agreement for temporary use of public right -of -way at 126 Washington Street, Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. ITEM 4d(10) 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 UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1232 E. COURT STREET, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 1232 E. Court Street. The owners of the property received a Mortgage from the City of Iowa City for the Energy Efficiency Program. The property has enough equity to cover the City's lien position. ITEM 4d(11) 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 UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 520 MANOR DRIVE, IOWA CITY, IOWA. Comment: The owners of the property located at 520 Manor Drive received flood rehabilitation assistance through the state Jumpstart program on December 23, 2009. The subordination will not change the City's current position, which is second position and inferior to the owner's primary lender. ITEM 4d(12) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT PACKAGE NO.6 PROJECT. Comment: The project has been completed by Advanced Environmental Testing & Abatement, Inc. of Waterloo, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. ❖ Project Estimated Cost: $ 98,000.00 ❖ Project Bid Received: $ 92,550.00 ❖ Project Actual Cost: $ 84,850.00 April 3, 2012 City of Iowa City Page 5 ITEM 4d(13) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE CDBG �a 3 ASBESTOS ABATEMENT PACKAGE NO. 7 PROJECT. Comment: The project has been completed by Active Thermal Concepts of Hiawatha, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. ❖ Project Estimated Cost: $ 50,000.00 ❖ Project Bid Received: $ 63,980.00 ❖ Project Actual Cost: $ 58,540.00 ITEM 4d(14) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE HMGP ASBESTOS ABATEMENT PACKAGE NO.4 PROJECT. Comment: The project has been completed by Lindstrom Environmental, Inc. of Plymouth, Minnesota, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. ❖ Project Estimated Cost: $ 14,000.00 ❖ Project Bid Received: $ 13,000.00 ❖ Project Actual Cost: $ 13,000.00 ITEM 4d(15) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE HMGP Ids' 13S ASBESTOS ABATEMENT PACKAGE NO. 5 PROJECT. Comment: The project has been completed by Abatement Specialties of Clinton, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. ❖ Project Estimated Cost: $ 36,000.00 ❖ Project Bid Received: $ 31,657.00 ❖ Project Actual Cost: $ 31,657.00 ITEM 4e. Correspondence: ITEM 4e(1) Traffic Engineering Planner: Installation of a LANE ASSIGNMENT sign and a LEFT TURN ONLY pavement marking for interior lane of the northbound leg of the Highway 1 / Orchard Street intersection. ITEM 4e(2) Traffic Engineering Planner: Installation of an on- street metered parking space and establishment of parking meter terms on the 200 block of East Washington Street. ITEM 4e(3) Traffic Engineering Planner: Installation of NO PARKING ANY TIME signs on the west side of Algonquin Road. ITEM 4e(4) Norma Lee Balmer: Lexington Avenue [Staff response included] ITEM 4e(5) H. Lenz: Red Light Cameras END OF ICONSENT CALENDAR. Action: ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. April 3, 2012 City of Iowa City Page 6 ITEM 6. PLANNING AND ZONING MATTERS. (In accordance with the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications ". Council will discuss items # 6a, 6b & 6h only at the formal meeting). ITEM 6a DESIGNATING 1.25 -ACRES OF LAND LOCATED AT 108 MCLEAN STREET AS AN IOWA CITY HISTORIC LANDMARK (REZ12- 00004) ITEM 6b Comment: At its March 9 meeting, by a vote of 8 -0 (Downing, Thomann and Wagner absent) the Historic Preservation Commission recommends approval of the designation of 108 McLean Street as a Historic Landmark. The Planning and Zoning Commission will consider this application at their March 15 meeting. It is anticipated that they will make a recommendation prior to the Council's April 3 meeting. Staff recommended approval in a memorandum dated March 9. Approval will provide for review of exterior changes to the property by the Historic Preservation Commission and provide zoning incentives to help encourage the continue use and preservation of the building. 1. PUBLIC HEARING Action: / O Q�� 2. CONSI RAN C►E RDINARST CONSIDERATION) `2 Action: CONSIDER SETTING A PUBLIC HEARING FOR APRIL 17 ON AN ORDINANCE REZONING APPROXIMATELY 2.43 ACRES OF LAND FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2) FOR PROPERTIES LOCATED EAST OF WEST SIDE DRIVE AND NORTH OF MORMON TREK BOULEVARD NEAR ITS INTERSECTION WITH HIGHWAY 1 WEST (REZ12- 00003). Comment: At their March 15 meeting, by a vote of 6 -0 (Koppes absent), the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated March 15. Approval of this rezoning (McDonald's restaurant property) will allow expansion of an existing restaurant at 2440 Mormon Trek Boulevard and will acknowledge that general retail commercial is appropriate at this intersection of two major arterial streets. Action: April 3, 2012 City of Iowa City Page ITEM 6c CONSIDER A MOTION SETTING A PUBLIC HEARING FOR APRIL 17 ON AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLES 2B AND 2C, AND PARAGRAPH 14- 4B -4A -7 TO ESTABLISH THREE AS THE MAXIMUM NUMBER OF BEDROOMS ALLOWED WITHIN A MULTI - FAMILY DWELLING UNIT IN MULTI - FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI - FAMILY USES AND TO ESTABLISH NEW RESIDENTIAL DENSITY FORMULAS FOR MULTI - FAMILY USES LOCATED IN MULTI - FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI - FAMILY USES. ITEM 6d ITEM 6e Comment: At their March 15 meeting, by a vote of 5 -1 (Eastham voting no, Koppes absent), the Planning and Zoning Commission recommended approval. Staff recommended approval in memoranda dated February 24 and March 9. Approval of the amendment will establish new formulas for determining residential density for multi - family dwellings located in multi- family zones and in commercial zones that allow multi - family uses based generally on the number of bedrooms proposed on a property rather than on the number of units proposed. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR APRIL 11 ON AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 5A, OFF - STREET PARKING AND LOADING STANDARDS, TO INCREASE THE NUMBER OF REQUIRED PARKING SPACES FOR CERTAIN MULTI - FAMILY DWELLING UNITS WHEN LOCATED WITHIN A DESIGNATED UNIVERSITY IMPACT AREA (UTA). Comment: At their March 15 meeting, by a vote of 6 -0 ( Koppes absent), the Planning and Zoning Commission recommended approval. Staff recommended approval in memoranda dated February 24 and March 9. Approval will increase the number of required parking spaces so that at least 1 parking space is provided for each bedroom for multi - family dwelling units located in a designated impact area close to the University of Iowa campus where parking congestion and the resulting illegal parking is a concern. "� Action: CONSIDER At DEFINITIONS, CHANGING THE DEFINITION OF "HOUSEHOLD" AS IT APPLIES IN THE RM -44, PRM, RNS -20, RM -20, AND CO -1 ZONES. (FIRST CONSIDERATION) Comment: At their March 15 meeting, by a vote of 5 -1 (Eastham voting no, Koppes absent), the Planning and Zoning Commission recommended approval. Staff recommended approval in memoranda dated February 24 and March 9. Approval will effectively limit the number of unrelated persons that may reside in a dwelling to a maximum of three within the stated zones, which is consistent with the maximum allowed currently in all other zones within the city. Protest petitions did not meet the minimum 20% area threshold necessary to require a super- majority vote to approve the amendment. If there is an indication that the Council will not accept the Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required. Correspondence included in Council packe�,� Action: April 3, 2012 City of Iowa City Page 8 ITEM 6f CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING, SUBSECTION 14- 2C -8Q, BONUS PROVISIONS, ADDING A FLOOR AREA BONUS FOR CONSTRUCTING CLASS A OFFICE SPACE ON UPPER FLOORS WITHIN A MULTI -STORY BUILDING IN A CENTRAL BUSINESS (CB -10) ZONE. (SECOND CONSIDERATION) ITEM 6g la -44f7.4 ITEM 6h Ia- -� 47S Comment: At its February 16 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this zoning code amendment. Staff recommended approval in a report dated February 16. Approval will allow larger and potentially taller buildings within the downtown provided that they include Class A office space. If there is an indication that the Council will not accept the Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required. CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICL°- 4E, NONCONFORMING SITUATIONS, REGARDING THE REGULATION OF NON- CONFORMING DEVELOPMENT. (PASS AND ADOPT) Comment: At its February 2 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of these amendments. Staff recommended approval in a report dated February 2. Approval of these amendments would simplify the process for regulating nonconforming development, such as parking areas, screening, landscaping, outdoor lighting, and similar as alterations are made to a property. Action: CONSIDER Al PLAN AND SENSITIVE AREAS DEVELOPMENT PLAN FOR THE PENINSULA NEIGHBORHOOD PHASES 3, 4 AND 5 LOCATED ON FOSTER ROAD. (REZ11- 00017) (SECOND CONSIDERATION) Comment: At its February 16 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated February 16. Approval will revise the Peninsula Neighborhood OPD and Plan and Sensitive Areas Development Plan to reconfigure lot lines and the street design, the mix of single - family row house and multi - family buildings and make amendments to the Peninsula Code. If there is an indication that the Council will not accept the Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required. The applicant has requested expedited consideration, and correspondence is included in Council packet. Action: April 3, 2012 City of Iowa City Page 9 ITEM 6i CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE la -139 PENINSULA NEIGHBORHOOD PHASE 3 AND 4, IOWA CITY, IOWA. (SUB11- 00017) ITEM 6j ITEM 6k 1.9-J41 , ITEM 7. r Afa- Comment: At their February 16 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated February 16. Approval will allow the development of the Peninsula Neighborhood Phase 3 and 4, a 42 -lot, 17.37 -acre residential subdivision located on Foster Road. Action: %6 CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD PHASE 5, IOWA CITY, IOWA. (SUB12- 00001) Comment: At their February 16 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated February 16. Approval will allow the development of the Peninsula Neighborhood Phase 5, an 8 -lot, 2 -acre residential subdivision located on Foster Road. Action: CONSIDER A RESOLUTION WAIVING THE EXTRATERRITORIAL REVIEW OF WOODLAND RIDGE ESTATES, JOHNSON COUNTY, IOWA. Comment: At their March 15 meeting, by a vote of 6 -0 (Koppes absent), the Planning and Zoning Commission recommended that the City's review of Woodland Ridge Estates, a 44- acre, 11 -lot residential subdivision located south of Stewart Road and east of Dubuque Street in Johnson County in Fringe Area A be waived. In a memorandum dated March 15 staff recommended waiver of the review of this subdivision. Action: PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE Of COST FOR THE CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD SIDING AND SPUR IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This project, formerly known as the Iowa City Industrial Campus Railroad Improvements Project, will include construction of the railroad infrastructure for the Iowa City Industrial Campus. The Industrial Campus is a development along 420th Street targeted for the wind energy market. The estimated construction cost is $1,665,000 and will be funded a $1,056,200 State Railroad Grant and the remainder with General Obligation bond proceeds. a. PUBLIC HEARING Action: b. CONSIDER A RESOLUTION APPROVING Action: W 2 a 0 1 Ed April 3, 2012 City of Iowa City Page 10 ITEM 8. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.) [STP -U- 3715(37)-- 70 -52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This project involves the reconstruction of Lower Muscatine Road from Kirkwood Avenue to 1st Avenue. Improvements include new roadway, sidewalk, roadway lighting, storm sewer, sanitary sewer, water main, and other associated improvements. The estimated construction cost is $5,649,000 and will be funded with Federal Surface Transportation Program (STP) proceeds, Water revenues, Wastewater revenues, General Obligation bond proceeds, and a contribution from Kirkwood Community College. a. PUBLIC HEARING Action: /a- r � 3 b. CONSIDER A RESOLUTION APPROVING Action: ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. (SECOND CONSIDERATION) Comment: A stormwater utility fee rate increase is proposed in the FY2013 budget to meet the demands on the City's stormwater management program due to State and Federal regulations, maintenance on existing stormwater infrastructure and community improvements and assistance. The single family residential rate will increase fifty cents per month. The multi- family residential rate will increase twenty -five cents per month. The non - residential rate will increase fifty cents for the base rate and twenty -five cents on the multiplying ERU (Equivalent Residential Unit) rate per month. Action: ITEM 10. CONSIDER AN ORDiA*E AMENDING TITLE 10 OF THE CITY CODE, ENTITfD "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO ALLOW SIDEWALK CAFES AGREEMENTS TO BE APPROVED ADMINISTRATIVELY AND TO DECREASE THE ALLEY SETBACK. (FIRST CONSIDERATION) Comment: At the Council work session on March 20, staff recommended that sidewalk cafe agreements be approved administratively rather than by Council. Staff also recommended that the minimum distance between alleys and cafes be decreased from 10 feet to 2 feet as long as the fencing material is less than 20% solid. The 20% provision is identical to the "vision triangle" provision in section 14 -5D -4 and is based on the same safety concerns. This ordinance makes these changes to the �Code and also provides an appeal process to City Council. Action: )Ape April 3, 2012 City of Iowa City Page 11 ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES, 19 SECTION 7, PUBLIC TRANSPORTATION TO AMEND FEES. (PASS AND ADOPT) Comment: The Transportation Services Department through the FY2013 budgeting process proposes an increase in transit fees. This increase will cover a portion of the gap created by transit operations moving from a government activity to a business type activity. Additionally, this fee increase will move transit toward attaining a goal of user fees covering 30% - 35% of actual operating costs. The last transit fee increase was July 1, 1996. This change will take effect on July 1, 2012 and result in an estimated revenue increase through user fees of $330,000.00. In addition, as a part of our 28E Agreement for contracted paratransit services with Johnson County SEATS, the single ride fare will increase from $1.50 to $2.00. Action: ITEM 12. CONSIDER A RESOLUTION OF INTENT TO BUDGET ANNUAL FUNDINd FdR IOWA CITY /a- i4L4 AREA DEVELOPMENT GROUP FOR THE FIVE FISCAL YEARS 2013 THROUGH 2017 AND FOR ADDITIONAL FUNDING OF THE CO -LAB INITIATIVE. Comment: The Iowa City Area Development Group (ICAD) conducts a capital campaign every five years and has come to the City for a five year pledge to continue funding. One City Council may not bind a future City Council with a budgetary commitment, however they may resolve their intent to budget in future years. This resolution formalizes the intent to budget ICAD's requested pledge. This item was deferred form the March 20 agenda to provide time to review the plan. Action: / ITEM 13. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE, /a -1'+S TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COURT HILL TRAIL - PHASE THREE NRT- 3715(649)- -9G -52 PROJECT. Comment: Bids for this project were opened by the Iowa Department of Transportation on Tuesday, March 20, 2012, and the following bids were received: J & L Construction Washington, IA $488,775.50 Metro Pavers Iowa City, IA $550,102.06 Peterson Contractors Reinbeck, IA $552,534.88 Streb Contruction Iowa City, IA $577,740.43 Tschiggfrie Excavating Dubuque, IA $666,214.43 Engineer's Estimate $ 531,000.00 Public Works and Engineering recommend award of the contract to J & L Construction of Washington, IA. The project will be funded with General Obligation bond proceeds. Action: April 3, 2012 City of Iowa City Page 12 ITEM 14. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO 4;.- 144- SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT. Comment: Bids for this project were opened on Tuesday, March 20, 2012, and the following bids were received: Bowen Engineering Indianapolis, IN $37,724,000.00 Joseph J. Henderson & Son Inc. Gurnee, IL $43,787,000.00 River City Construction East Peoria, IL $43,788,000.00 Rice Lake Group Construction Deerwood, MN $43,828,600.00 J.H. Findorff & Son Inc. Madison, WI $45,380,000.00 Gridor Construction Buffalo, MN $50,390,000.00 Engineer's Estimate $ 39,700,000.00 Bowen Engineering has withdrawn their bid due to an error in their estimate. Public Works and Engineering recommend award of the contract to Joseph J. Henderson & Son of Gurnee, IL. The project will be funded with a $22M grant from the US Economic Development Agency (EDA), $4.5M from a Community Development Block Grant, a $2M I -Jobs Grant, $12.1M from Local Option Sales Tax Revenue in revenue bonds, $1.9M from Wastewater operations and the remainder from Wastewater Revenue bond proceeds. Action: / ITEM 1S. CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 12 -100 WHICI NCLUDED is -1 #-7 APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID PLAN, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This project was removed from letting due to concern regarding construction related access restrictions that may occur if the Lower Muscatine Road Project and the U.S. Highway 6 and Sycamore Street Intersection Improvement Project are constructed concurrently. The project will be rebid at a later date. Action: _ �07 ITEM 16. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THEWAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA RIVER WATER MAIN CROSSINGS PROJECT. Comment: Bids for this project will be take ursday, March 29th a 2:30 D. Staff will review the bids and a recomm n for award will for presented to Council at the Council meeting on Tuesday, The estimated construction cost is approximately $290,470 and will be funded EMA reimbursements and Water revenues. Action: /_ice -�.® CITY OF IOWA CITY ®�4 MEMORANDUM TO: General Public FROM: City Clerk RE: Additions to April 3 agenda ITEM # 16 [REVISED] CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A /a- Itl g CONTRACT FOR CONSTRUCTION OF THE IOWA RIVER WATER MAIN CROSSINGS PROJECT. Comment: Bids for this project were opened on Thursday, March 29, 2012, and the following bids were received: Vieth Construction Corp. Cedar Falls, IA $ 273,481.00 Morris & Co., Inc. Marion , IA $ 357,264.00 Tschiggfrie Excavating Co. Dubuque, IA $ 359,237.00 Maxwell Construction, Inc. Iowa City, IA $ 369,854.70 Schuetz Construction, LLC Bonner Springs, KS $ 477,187.50 Engineer's Estimate $ 290,470.00 Public Works and Engineering recommend award of the contract to Vieth Construction Corp. of Cedar Falls, Iowa. The project will be funded with FEMA reimbursements and Water revenues. s /addition for April 3.doc April 3, 2012 City of Iowa City Page 13 ITEM 17. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR /,.1 TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO 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 PROJECT. ITEM 18. 1a -t sD ITEM 19. Comment: This is an amendment to an existing agreement for design and engineering services for the Highway 1 Trail - Orchard Street to Sunset Street. The amendment authorizes Shive- Hattery to provide additional topographic survey, design for watermain improvements and preparation of temporary construction and permanent easement plats. The total cost for the additional services is not to exceed $16,500 and will be funded by General Obligation bond proceeds. Action: CONSIDER A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN TFPE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2012 THROUGH JUNE 30, 2015. Comment: This is a three -year agreement for Fiscal Years 2013, 2014, and 2015 which provides for split wage increases of 1.35% and 1.5% in FY2013, 1.25% and 1.25% in FY2014 and an across - the -board wage increase of 2.2% at the beginning of FY2015. The second portion of the FY2013 and FY2014 splits will be applied to the 10 year officer step rather than paid across the board. The agreement also provides for increases to employee contributions for family health insurance and increases to deductible and out -of- pocket maximums for both single and family health insurance policies. Other provisions include the incorporation of the current work schedule into the collective bargaining agreement and the elimination of Step 3 in the current grievance process. Action: / CONSIDER A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN TFW CITY OF IOWA CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL #183, TO BE EFFECTIVE JULY 1, 2012 THROUGH JUNE 30, 2017. Comment: This is a five -year agreement for Fiscal Years 2013, 2014, 2015, 2016, and 2017 which provides for split wage increases of 1.35% and 1.5% in FY2013, 1.25% and 1.25% in FY2014 and an across - the -board wage increase of 2.2% at the beginning of FY2015. It also provides for increases to employee contributions for family health insurance and increases to deductible and out -of- pocket maximums for both single and family health insurance policies. The agreement provides for a contract re- opener for wages and insurance only for FY2016 and FY2017. Other provisions include a modification of the contract provision regarding temporary employees to establish a 1300 hour work limitation per fiscal year per hourly employee and establishment of a 7 working -day timeframe within which employees being laid off may exercise contractual bumping rights. IMF April 3, 2012 City of Iowa City Page 14 ITEM 20. CONSIDER A RESOLUTION ESTABLISHING CLASSIFICATION /COMPENSATION PLANS is -159- FOR CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FYI 3, FYI 4, AND FYI 5. Comment: This is a three -year compensation plan for all administrative, confidential, and executive employees. It is consistent with adjustments to be made to the general employees' classified plan as a result of the recently negotiated collectiv6ta' rgaining agreement. Action: ITEM 21. CONSIDER A RESOLUTION DEDICATING BLACKHAWK MINIPARK IN IOWA IS- IS3 JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT -OF -WAY. ITEM 22. /.;- 1.5 ITEM 23. /a--IS5 Comment: In anticipation of the project at 114 S. Dubuque Street, this resolution dedicates that the Blackhawk Minipark, located in the Iowa City Pedestrian Mall at the intersection of Washington and Dubuque Streets as public right -of -way. Staff recommends accepting this dedication. Action: .'Il CONSIDER A RESOLUTION APPROVING AN AGREEMENT FOR PRIVATE 6 — REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND CENTRAL PARK L.L.C. Comment: This resolution approves a developer's agreement for the redevelopment of 114 S. Dubuque Street (currently occupied by the Wells Fargo Bank), to construct a 14 -story mixed use commercial and residential space. The Developer has requested $2.5M in an up -front TIF loan in exchange for agreeing to provide, initial sale or lease of work -force housing, the development of over 6,954 square feet of Class A office space and a minimum assessment amount of $5,760,000 on the L.L.0 property located at 114 S. Dubuque Street and $1, 273,430 on the Plaza Towers condominium unit 225 S. Linn Street. Both the Economic Development Committee and staff recommend approval. CONSIDER A RESOLUTION OF INTENT FOR DESIGN WORK FOR A NEW ANIMAL CARE AND ADOPTION CENTER, COST SHARING AGREEMENTS WITH NEIGHBORING JURISDICTIONS FOR SAID FACILITY, AND INTERIM ANIMAL SERVICES WITH NEIGHBORING JURISDICTIONS Comment: At the March 20 work session, staff presented preliminary conceptual design for a facility to replace the Animal Care and Adoption Center that was irreparably damaged in the 2008 flood. This resolution approves architectural design proceeding, the pursuance of cost - sharing agreements with neighboring jurisdictions, and interim service delivery to neighboring jurisdictions. Action: a�.� April 3, 2012 City of Iowa City Page 15 ITEM 24. �d -1Sb CONSIDER A RESOLUTION REPEALING RES. 04 -117 AND ADOPTING A NEW POLICY FOR DISTRIBUTION OF ELECTRONIC PACKETS; ESTABLISHING A POLICY FOR COUNCIL MEMBER USE OF CITY !PAD, AND PROVIDING FOR REIMBURSMENT FOR THE EXPENSE OF PURCHASING PERSONAL EQUIPMENT TO ACCESS ELECTRONIC PACKET; PROCEDURES FOR E -MAIL CORRESPONDENCE AND DISTRIBUTION OF WEEKLY ELECTRONIC COUNCIL PACKETS; AND REMOVING THE STIPEND FOR SUPPLIES. Comment: This resolution affirms Council direction to receive electronic weekly packet by providing City acquisition of iPad's or reimbursement to a Council Member of up to $600 for purchasing equipment for the purpose of accessing weekly council packets. The resolution also provides for Council email and correspondence procedures. Action: ITEM 25. CONSIDER A RESOLUTION RATIFYING THE PARTIAL SETTLEMENT F PENDING 42 - I S 7 LITIGATION. ITEM 26. Comment: This Resolution will confirm and ratify a proposed partial settlement of pending litigation which is set for discussion during the executive session scheduled Tuesday, April 3', 2012. Action: ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City and be 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: ITEM 26a Board of Adjustment - One vacancy to fill an unexpired term, effective upon appointment, ending January 1, 2014. (Barbara Eckstein resigned). ITEM 26b Metropolitan Planning Organization (MPO- formerly JCCOG) Community Climate Action Taskforce (formerly Cool Cities Taskforce) - One At- Large /Public vacancy to fill a one -year term, effective upon appointment, ending March 2013. (Term expires for Thomas Carsner). ITEM 26c Youth Advisory Commission - One vacancy to fill a two -year term January 1, 2011 - December 31, 2012 One (1) person - Tate High APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, April 11, 2012. ITEM 26d Police Citizens Review Board - One vacancy to fill an unexpired term, effective upon appointment, ending September 1, 2013. (Peter Jochimsen resigned). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, April 25, 2012. April 3, 2012 City of Iowa City Page 16 ITEM 27. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. ITEM 27a Airport Commission — One vacancy to fill an unexpired term, effective upon appointment — March 1, 2014. (Steve Crane resigned) Action: , a az ITEM 27b Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1, 2012 - December 31, 2016. (New full term). Action: /lD ITEM 27c Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1, 2009 - December 31, 2013. (Term expires for Dennis Keitel). Action: 44 ake ITEM 27d Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2010 — December 31, 2015. (Term expires for Brian Sponcil) Action: ITEM 27e Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2012 — December 31, 2017. (New full term). Action: ";V az ITEM 27f Planning & Zoning Commission — One vacancy to fill a five -year term May 1, 2012 — May 1, 2017. (Term expires for Elizabeth Koppes). Action: �be -Cki ITEM 28. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 29. CITY COUNCIL INFORMATION. �� o�� April 3, 2012 City of Iowa City Page 17 ITEM 30. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. O b) City Attorney. c) City Clerk. —69' ITEM 31. ADJOURN (to work session if needed).