HomeMy WebLinkAbout2012-07-31 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the
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Iowa City 'tiift
City Council Agenda - 1 Z4 Special Formal CITY OF IOWA CITY
July 31, 2012 - 7:00 p.m.
City Hall - Harvat Hall
4101� 410 E. Washington Street
www.icgov.org
ITEM 1. CALL TO ORDER.
ITEM 1 a Roll Call
ITEM 2. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
ITEM 2a. Approval of Council Actions, subject to corrections, as recommended by
the City Clerk:
ITEM 2a(1)
July 10 Council Work Session
ITEM 2a(2)
July 10 Special Council Formal Official & Complete (x2)
ITEM 2b. Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
ITEM 2b(1)
Airport Commission — May 17
ITEM 2b(2)
Board of Adjustment — June 13
ITEM 2b(3)
Human Rights Commission — June 19
ITEM 2b(4)
Parks & Recreation Commission — May 9
ITEM 2b(5)
Planning & Zoning Commission — June 7
ITEM 2b(6)
Police Citizens Review Board — June 12
ITEM 2b(7)
Telecommunications Commission — June 25
ITEM 2b(8)
Planning & Zoning Commission — June 21
ITEM 2c. Permit Motions and Resolutions as Recommended by the City Clerk.
(New)
ITEM 2c(1) Class C Liquor License for 168, LLC, dba Szechuan House, 320 E.
Burlington St.
(Renewal)
ITEM 2c(2) Class B Beer Permit for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack,
1940 Lower Muscatine Rd.
ITEM 2c(3) Outdoor Service Area for Jimmy Jack's, Inc., dba Jimmy Jack's Rib
Shack, 1940 Lower Muscatine Rd.
ITEM 2c(4) Class E Liquor License for Caylor Enterprises, LLC, dba The Liquor
House, 425 S. Gilbert St.
ITEM 2c(5) Class E Liquor License for Hy -Vee, Inc., dba Hy -Vee Drugstore, 310 N.
First Ave.
ITEM 2c(6) Class C Beer Permit for Kmart Corporation dba Big Kmart #4315, 901
Hollywood Blvd.
ITEM 2c(7) Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #1, 525
Highway 1 W.
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CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: July 31 Agenda Additions, Revisions
Consent Calendar
(Approval of Council Action)
ITEM 2a(3) (Addition)July 26 Special Council Formal Official and Complete
(Correspondence)
ITEM 2f(11) (Addition) Susan Boehlje: Moen Tower Project
ITEM 2f(12) (Revision) David Goodner: Predatory lendors (Correction - previously
listed under item 2f(4)
ITEM NO. 9 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE S. DUBUQUE STREET STORM SEWER
AND WATER MAIN IMPROVEMENTS PROJECT.
Comment: Bids for this project were opened on Thursday, July 26, 2012, and the
following bids were received:
Schrader Excavating & Grading Walford, IA
$
313,297.05
Ricklefs Excavating Anamosa, IA
$
315,874.60
Carter & Associates Coralville, IA
$
323,791.00
Dave Schmitt Construction Cedar Rapids, IA
$
327,747.50
Maxwell Construction Iowa City, IA
$
366,141.60
Engineer's Estimate
$
355,000.00
Public Works and Engineering recommend award of the contract to Schrader Excavating
& Grading of Walford, Iowa The project is to be funded with Stormwater
and Water
revenue proceeds, and Road Use Tax (Pavement Rehabilitation).
ITEM NO. 13 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR RENOVATIONOF FIELDS 1,2,3,4 AT THE NAPOLEON PARK
SOFTBALL COMPLEX PROJECT.
Comment: Bids for this project were opened on Friday, July 27th and the following bids
were received:
MBA Incorporated
Bush Turf, Inc.
Iowa Athletic Field Construction Co.
Engineer's Estimate
North Liberty IA. $159,806.00
Milan, IL. $104,705.00
Webster City IA. $ 98,777.00
$189,123.00
Parks and Recreation recommends award of the contract to Iowa Athletic Construction
Co. of Webster City IA. This project is to be funded by GO Bonds,
July 31, 2012 City of Iowa City Page
ITEM 2c(8) Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #2, 1920
Comment: The Iowa Valley Habitat for Humanity owns the property
located at 2713 Whispering Meadows Drive and received assistance
through the City of Iowa City's FY08 HOME Investment Partnership
Program funds and FY08 Community Development Block Grant (CDBG)
funds. The HOME and CDBG assistance is secured by a mortgage on
this property and Habitat is conveying this property to an income eligible
family. Because the family has executed a mortgage in favor of the City
to secure the HOME and CDBG funds assistance, the City can release
this lot.
ITEM 2d(2) 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 630
WHITING AVENUE, IOWA CITY, IOWA.
Comment: The owners of the property located at 630 Whiting Avenue
received assistance through the City of Iowa City's Housing Rehabilitation
Program. The terms of the loan have been satisfied; thus the lien needs
to be released.
Lower Muscatine Ave.
ITEM 2c(9)
Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #3, 241C
Mormon Trek Blvd.
ITEM 2c(10)
Class C Beer Permit for Delimart Properties, Inc. dba Deli Mart #5, 206 E.
Benton St.
ITEM 2c(11)
Class C Liquor License for Middle E, LLC, dba Okoboji Grill Restaurant,
1857 Lower Muscatine Rd.
ITEM 2c(12)
Outdoor Service Area for Middle E, LLC, dba Okoboji Grill Restaurant,
1857 Lower Muscatine Rd.
ITEM 2c(13)
Class C Liquor License for High Energy Food Concepts, Inc., dba
Martini's, 127 E. College St.
ITEM 2c(14)
Outdoor Service Area for High Energy Food Concepts, Inc., dba Martini's,
127 E. College St.
ITEM 2c(15)
Class C Liquor License for Hildago, Inc., dba El Cactus Authentic
Mexican Cuisine, 1921 Keokuk St.
ITEM 2c(16)
Class C Liquor License for Orchard Green, Inc., dba Orchard Green
Restaurant, 521 S. Gilbert St.
ITEM 2c(17)
Class C Beer Permit for L & M Mighty Shop, Inc., dba L & M Mighty Shop,
Inc., 504 E. Burlington St.
ITEM 2c(18)
Special Class C Liquor License for The Englert Civic Theatre, LP, dba
The Englert Theatre, 221 E. Washington St.
ITEM 2c(19)
Resolution to issue Cigarette Permit to The Spirit Tobacco and More,
LLC, dba The Spirit Tobacco and More, 357 E. College St.
ITEM 2d. Resolutions
and Motions:
ITEM 2d(1)
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
/a- 3
2713 WHISPERING MEADOWS DRIVE, IOWA CITY, IOWA.
Comment: The Iowa Valley Habitat for Humanity owns the property
located at 2713 Whispering Meadows Drive and received assistance
through the City of Iowa City's FY08 HOME Investment Partnership
Program funds and FY08 Community Development Block Grant (CDBG)
funds. The HOME and CDBG assistance is secured by a mortgage on
this property and Habitat is conveying this property to an income eligible
family. Because the family has executed a mortgage in favor of the City
to secure the HOME and CDBG funds assistance, the City can release
this lot.
ITEM 2d(2) 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 630
WHITING AVENUE, IOWA CITY, IOWA.
Comment: The owners of the property located at 630 Whiting Avenue
received assistance through the City of Iowa City's Housing Rehabilitation
Program. The terms of the loan have been satisfied; thus the lien needs
to be released.
July 31, 2012
City of Iowa City Page
ITEM 2d(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
2547 WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA.
Comment: The Iowa Valley Habitat for Humanity owns the property
located at 2547 Whispering Prairie Avenue and received assistance
through the City of Iowa City's FY11 HOME Investment Partnership
Program funds. The HOME assistance is secured by a mortgage on this
property and Habitat is conveying this property to an income eligible
family. Because the family has executed a mortgage in favor of the City
to secure the HOME funds assistance, the City can release this lot.
ITEM 2d(4) 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 IN
JOHNSON COUNTY, IOWA CITY, IOWA.
Comment: The owner of the property received assistance through the
City of Iowa City with a loan from Community Development Block Grant
(CDBG) funds. The terms of the loan have been satisfied; thus the lien
needs to be released.
ITEM 2d(5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
/-.7--949 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK
AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT
1955 CHELSEA COURT, IOWA CITY, IOWA.
Comment: The owner of the property located at 1955 Chelsea Court
received homebuyer assistance through the Single Family New
Construction Program. The subordination will not change the City's
current position, which is second position and inferior to the owner's
primary lender.
ITEM 2d(6) 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 HILLS BANK
AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT
435 WESTBURY DRIVE, IOWA CITY, IOWA.
Comment: The owner of the property located at 435 Westbury Drive
received homebuyer assistance through the Single Family New
Construction Program. The subordination will not change the City's
current position, which is second position and inferior to the owner's
primary lender.
ITEM (7) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
BETWEEN THE CITY AND NATIONAL DEVELONT COUNCIL
REGARDING COMMUNITY AND ECONOMIC DEVELTENT
�� ADVISEMENT.
July 31, 2012 City of Iowa City Page
Comment: On July 12, 2010, the City entered into a one -year agreement
with National Development Council (NDC) to facilitate negotiations and
pursue financing packages that will enable redevelopment of key areas
including Towncrest and Riverfront Crossings. The agreement provides
that it may be extended two years, and the City and NDC have entered
into two previous extension agreements of 6- months each. This
agreement provides for another 6 -month extension. All other terms,
including the monthly fee of $6,000, remain the same.
ITEM 2d(8) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED
AT 706 MILLER AVENUE, IOWA CITY, IOWA.
Comment: The owners of the property received assistance through the
City of Iowa City TARP (Targeted Area Rehabilitation Program). The
loans have been paid off; thus the liens need to be released.
ITEM 2d(9) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $40,850,090.66 FOR THE PERIOD OF JUNE 1
THROUGH JUNE 30, 2012, 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.
ITEM 2d(10) CONSIDER A RESOLUTION, APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AMENDMENT #1 TO THE JANUARY 25, 2011 AGREEMENT
BY AND BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
ROCKY SHORE DRIVE PUMP STATION AND FLOOD GATE
PROJECT.
Comment: This amendment authorizes H.R. Green to provide additional
engineering services for project design modifications. The amendment
cost is $13,700 and will bring the total consultant services fees to
$694,100. The consultant services and construction costs are funded
through a Community Development Block Grant.
ITEM 2d(11) CONSIDER A RESOLUTION, APPROVING, AUTHORIZING AND
A7 _ 3 5a- DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA
CITY AND H.R. GREEN COMPANY TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE IOWA CITY LANDFILL
GROUNDWATER LIFT STATION PROJECT.
Comment: This agreement authorizes HR Green Company to provide
necessary engineering services for design of the landfill groundwater
under drain lift station. The landfill groundwater under drain system was
damaged by the fire and needs to be repaired to continue landfill
operations. Total cost of the engineering services is $123,700 and will be
funded by Landfill Revenues.
July 31, 2012 City of Iowa City Page 5
ITEM 2e. Setting Public Hearings:
ITEM 2e(1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON
AUG 21, 2012 ON PLANS, SPECIFICATIONS, FOR
CONTRAC AND ESTIMATE OF COST FOR TH NSTRUCTION
OF THE NOR NDY DRIVE RESTORATIO OJECT, DIRECTING
CITY CLERK TO LISH SAID NOTIC F SAID HEARING, AND
DIRECTING THE Cl GINEER PLACE SAID PLANS ON FILE
FOR PUBLIC INSPECTIO .
ITEM 2e(2)
/..7- 65-3
ITEM 2e(3)
L4
Comment: This projec ' eing unde n to restore the Normandy
Drive / Parkview T ce area torn up by the 8 flooding. This phase of
the project will rt the landscaping of the area a the river, develop a
trail plan, r ' vest in plantings, landscaping and bringing the area back
into a nprMal park like setting. This project is budgeted as a CIP #4178
for 9,000, and will be funded by GO Bonds.
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON
AUGUST 21, 2012 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE DEWEY STREET BRICK RECONSTRUCTION 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 involves the reconstruction of the brick paved
portion of Dewey Street from Summit Street to Brown Street and Brown
Street from Dewey Street to Governor Street. The estimated construction
cost is $375,000 and will be funded with General Obligation bond and
Road Use tax proceeds.
CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR
AUGUST 21, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY
HOME LOCATED AT 618 NORTH GILBERT STREET.
Comment: The grant for the UniverCity Neighborhood Partnership
Program allows the City to purchase twenty -six rental units located in
designated neighborhoods surrounding the University, rehabilitate them
with up to $50,000 in grant funds, and then sell them to income - eligible
buyers. Under the UniverCity Neighborhood Partnership Program, the City
proposes to sell 618 North Gilbert Street. The amount of the sale will be
$219,395 plus any "carrying costs" accrued after July 17, 2012. Carrying
costs are costs incurred by the City to acquire the home, maintain it and
sell it, including abstracting and recording fees, interest on the loan to
purchase the home, mowing and snow removal, utilities, real estate
taxes, and any costs in excess of $50,000 to repair and rehabilitate the
home.
ITEM 2f. Correspondence:
ITEM 2f(1) Traffic Engineering Planner: Change of parking meter terms from 2
hours to 30 minutes for spaces numbered L128N and L130N on the
east side of the 100 block of North Linn Street.
July 31, 2012
ITEM 2f(2)
ITEM 2f(3)
ITEM 2f(4)
ITEM 2f(5)
ITEM 2f(6)
ITEM 2f(7)
ITEM 2f(8)
ITEM 2f(9)
ITEM 2f(10)
ITEM 2f(11)
ITEM 2f(12)
ITEM 3.
City of Iowa City Page 6
Traffic Engineering Planner: Installation of ZIPCAR PARKING ONLY
signs on the west side of the 300 block of North Clinton Street.
Traffic Engineering Planner: Removal of existing NO PARKING 2 AM —
6 AM prohibition on South Linn Street meters 1-204S, 1-206S, and on
Iowa Avenue meters 1104E, and 1106
Casey J. Kohrt; Val and Dick Donohoe; David Goodner� Iowa City
Chicken Ordinance.
Jerry D. Moore: Artificial Flowers.
Cliff Pirnat: Rocky Shore.
Patrick Jepson: Will Iowa City follow Stockton C lifornia to bankruptcy ?]
M. K. Parnell: Greyhound Service. [Staff resp nse included]
Andrea Rauer: Sycamore Mall management c ncerns.
Tony Barrino (x3): Trillionaire Communicatio s.
Tam Bodkin Bryk: Moen Tower Support.
Bobbie and Al Paxton: Predatory lenders. W r,vjS e�
END OF CONSENT CALENDAR.
Action:
COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8
Community Comment will be continued, if necessary, prior to "City Council
Information" item at the end of the rpeeting agenda.
ITEM 4. 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 # 4a, 4c, 4d & 4g only at the formal meeting).
ITEM 4a CONSIDER A MOTION SETTING A PUBLIC HEARING FOR AUGUST 21 ON
AN ORDINANCE REZONING APPROXIMATELY 2 ACRES OF LAND
LOCATED SOUTH OF HIGHWAY 1 AND WEST OF SHIRKEN DRIVE AT 521
AND 531 HIGHWAY 1 WEST AND FROM INTENSIVE COMMERCIAL (CI -1) TO
COMMUNITY COMMERCIAL (CC -2). (REZ12- 00013)) [Discussion only at
formal meeting]
Comment: At its July 19 meeting, by a vote of 7 -0, the Planning and Zoning
Commission recommended approval of the proposed rezoning. Staff
recommended approval in a report dated July 19, 2012. The proposed rezoning
will allow the properties to be developed for general commercial uses consistent
with the Comprehensive Plan.
Action:
ADD ���
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6M4
CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: July 31 Agenda Additions, Revisions
Consent Calendar
(Approval of Council Action)
ITEM 2a(3) (Addition)July 26 Special Council Formal Official and Complete
(Correspondence)
ITEM 2f(11) (Addition) Susan Boehlje: Moen Tower Project
ITEM 2f(12) (Revision) David Goodner: Predatory lendors (Correction - previously
listed under item 2f(4)
ITEM NO. 9 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE S. DUBUQUE STREET STORM SEWER
AND WATER MAIN IMPROVEMENTS PROJECT.
Comment: Bids for this project were opened on Thursday, July 26, 2012, and the
following bids were received:
Schrader Excavating & Grading Walford, IA
$
313,297.05
Ricklefs Excavating Anamosa, IA
$
315,874.60
Carter & Associates Coralville, IA
$
323,791.00
Dave Schmitt Construction Cedar Rapids, IA
$
327,747.50
Maxwell Construction Iowa City, IA
$
366,141.60
Engineer's Estimate
$
355,000.00
Public Works and Engineering recommend award of the contract to Schrader
Excavating
& Grading of Walford, Iowa The project is to be funded with Stormwater
and Water
revenue proceeds, and Road Use Tax (Pavement Rehabilitation).
ITEM NO. 13 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR RENOVATIONOF FIELDS 1,2,3,4 AT THE NAPOLEON PARK
SOFTBALL COMPLEX PROJECT.
Comment: Bids for this project were opened on Friday, July 27th and the following bids
were received:
MBA Incorporated
Bush Turf, Inc.
Iowa Athletic Field Construction Co
Engineer's Estimate
North Liberty IA. $159,806.00
Milan, IL. $104,705.00
Webster City IA. $ 98,777.00
$189,123.00
Parks and Recreation recommends award of the contract to Iowa Athletic Construction
Co. of Webster City IA. This project is to be funded by GO Bonds,
July 31, 2012 City of Iowa City Page
ITEM 4b CONSIDER A MOTION SETTING A PUBLIC HEARING FOR AUGUST 21 ON
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ADD A
DEFINITION FOR "DELAYED DEPOSIT SERVICE USES" AND REGULATE
SAID USES AS PROVISIONAL USES IN THE COMMUNITY COMMERCIAL
ZONE.
Comment: At its July 19 meeting, by a vote of 7 -0, the Planning and Zoning
Commission recommended approval of the proposed amendments to the zoning
code. Staff recommended approval in a report dated July 19, 2012. The
proposed amendments will place limitations on where payday lending uses may
locate within the city.
Action:
ITEM 4c AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND -USE
DESIGNATION FROM SINGLE - FAMILY /DUPLEX RESIDENTIAL TO MEDIUM -
DENSITY MULTI - FAMILY RESIDENTIAL FOR PROPERTY LOCATED NORTH
OF BENTON STREET BETWEEN GEORGE AND STREB STREETS. (CAI 2-
00002) [Discussion only at formal meeting]
Comment: At its June 21 meeting, by a vote of 5 -1 (Swygard voting no, Weitzel
absent), the Planning and Zoning Commission recommended approval of this
amendment. Staff recommended approval in a report dated June 21. Approval
will allow this property to be rezoned to Medium Density Multi - Family Residential
(RM -20) for a proposed expansion of the Oaknoll Retirement Residence.
1. PUBLIC HEARING
Action:
2. CONSIDER A RE4TION APPROVING
Action:
ITEM 4d REZONING 2.7 -ACRES OF LAND LOCATED NORTH OF BENTON STREET
BETWEEN GEORGE AND STREB STREETS FROM MEDIUM DENSITY
SINGLE FAMILY (RS -8) ZONE TO OVERLAY PLANNED DEVELOPMENT
MEDIUM DENSITY MULTI - FAMILY (OPD- RM -20) ZONE. (REZ12- 00010)
[Discussion only at formal meeting]
Comment: At its June 21 meeting, by a vote of 5 -1 (Swygard voting no, Weitzel
absent), the Planning and Zoning Commission recommended approval of this
rezoning. 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. Staff recommended approval in a report
dated June 21. Approval will allow this property to be developed for a proposed
expansion of the Oaknoll Retirement Residence including: a 69 -unit five -story
main building located between Spring and George Streets; and two duplexes
located north of Benton Street on the east side of Streb Street, for a total of 73
new independent living dwelling units for the elderly.
July 31, 2012 City of Iowa City Page 8
1. PUBLIC HEARING
1 1
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
ITEM 4e VACATING THE PUBLIC RIGHT -OF -WAY OF SPRING STREET. (VAC12-
00004)
Comment: At its June 21 meeting, by a vote of 5 -1 (Swygard voting no, Weitzel
absent), the Planning and Zoning Commission recommended approval of this
vacation. Approval will allow this portion of right -of -way to be incorporated into the
proposed expansion of the Oaknoll Retirement Residence.
1. PUBLIC HEARING
• .i� mss• �•
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
76
ITEM 4f AMENDING CERTAIN PARAGRAPHS WITHIN TITLE 14, ZONING CODE,
ARTICLES 2A AND 2B, TO EXEMPT BLOCKS WITH THREE OR FEWER
HOME LOTS FROM FRONT SETBACK AVERAGING.
Comment: At its July 21 meeting, by a vote of 6 -0 (Weitzel absent), the Planning
and Zoning Commission recommended approval of this amendment to the
zoning code. Staff recommended approval in a report dated June 15. This will
allow homes on blocks with three or fewer homes to be constructed closer to the
street right -of -way.
1. PUBLIC HEARING
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
1
July 31, 2012 City of Iowa City Page
ITEM 4g CONSIDER AN ORDINANCE CONDITIONALLY REZONING
APPROXIMATELY 4.29 ACRES OF LAND LOCATED ON WALDEN ROAD,
WEST OF MORMON TREK BOULEVARD FROM MEDIUM DENSITY SINGLE
FAMILY RESIDENTIAL (RS -8) ZONE TO HIGH DENSITY SINGLE FAMILY
RESIDENTIAL (RS -12) ZONE. (REZ09- 00003) [Discussion only at formal
meeting] (SECOND CONSIDERATION)
Comment: At its May 3 meeting, by a vote of 5-1 (Dyer absent, Thomas
opposed), the Planning and Zoning Commission recommended approval with
conditions as outlined in the staff memo plus conditions to ensure adequate off -
street parking. Staff recommended approval in a memo dated April 27, 2012. In
a staff report dated July 16, 2009, staff recommended deferral until there was a
plan for storm water management that met City standards to the satisfaction of
the City Engineer. The City Engineer indicated in a memo dated April 26, 2012
that the conceptual design for storm water management is acceptable, with final
design to be approved through the City's engineering review process at time of
platting. Approval of this rezoning will allow for a future subdivision of
approximately 18 attached single family dwelling units (townhouses).
Action:
ITEM 4h CONSIDER AN ORDINANCE VACATING AND CONVEYING AIR RIGHTS
WITHIN THE PUBLIC RIGHT -OF -WAY LOCATED ADJACENT TO THE
PROPERTY AT 114 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. (VAC12-
00003) (PASS AND ADOPT)
Comment: At its May 17 meeting, by a vote of 6 -1 (Thomas voting No), the
Planning and Zoning Commission recommended approval of this vacation. Staff
recommended approval in a report dated May 17. Approval will allow applicant
to acquire air rights starting at approximately 16 feet, 8 inches above grade for a 4'
x 44' section of public right -of -way in City Plaza that extends along the west
property line of the subject property and a 4' x 56' section of public right -of -way in
Blackhawk Park that extends along the north property line of the subject property.
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.
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July 31, 2012 City of Iowa City Page 10
ITEM 4i CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR
/a 357 WEST PART TWO, IOWA CITY, IOWA. (SUB12- 00009)
Comment: City Council approved the preliminary plat for Windsor West Part Two
in January 2010. The final plat is in general compliance with the preliminary plat
and current subdivision regulations. Staff recommends approval of the final plat
subject to approval of legal papers and construction drawings. It is anticipated
that legal papers and construction drawings will be approved prior to the July 31
City Council meeting. Approval will allow the development of Windsor West Part
Two, a 34 -lot, 13.4 -acre residential subdivision located along Buckingham Lane,
south of Cumberland Lane, north of American Legion Road. This item was
deferred from the July 10 Council meeting.
Action: Q
ITEM 5. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE FY 2013 ASPHALT RESURFACING
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 annual project involves the asphalt resurfacing and chipsealing of
various streets throughout Iowa City. The estimated cost for this project is $499,835
and will be funded with Road Use Tax Proceeds, Wastewater Operations, and GO
Bonds.
a. PUBLIC HEARING
Action:
b. CONSIDER A RESOLUTION APPROVING
Action:
ITEM 6. CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR
VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD,"
SECTION 6, ENTITLED "SPEED RESTRICTIONS ", SUBSECTION C, ENTITLED
41,4 $ 7 "SCHOOL SPEED ZONES" TO CREATE A SCHOOL SPEED ZONE FOR
BORLAUG ELEMENTARY AND REPEAL THE SCHOOL SPEED ZONE FOR
ROOSEVELT ELEMENTARY. (SECOND CONSIDERATION)
Comment: Iowa City Code Title 9- 3 -6(c) defines school speed zone limits on "Benton
Street" between Benton Drive to Hudson Avenue. This reference should be
removed as Roosevelt Elementary has closed as of June 2012. A reference to
"Kennedy Parkway" between Camp Cardinal Boulevard and Camp Cardinal Place
should be added which will allow the implementation of a 20 MPH school speed
zone for Borlaug Elementary which will open in August of 2012. Staff requests
expedited action to allow passage prior to the start of the school year.
Y10
July 31, 2012 City of Iowa City Page
ITEM 7. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES,
CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 3,
CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY
BUILDINGS, SUBSECTION B TO ALLOW FOR POSSESSION AND
CONSUMPTION IN CERTAIN PARK BUILDINGS, PURSUANT TO
ADMINISTRATIVE RULE; AND SUBSECTION C TO ALLOW FOR ALCOHOL
POSSESSION AND CONSUMPTION IN CITY BUILDINGS PURSUANT TO
ADMINISTRATIVE RULE. (FIRST CONSIDERATION)
Comment: City staff wishes to allow alcohol in limited circumstances in some
City buildings to accommodate private parties and fundraising events hosted by
the Iowa City Public Library Friends Foundation, the Friends of the Center, and
others. This will also allow alcohol to be sold or served, pursuant to
administrative rule, in space leased by the City to private enterprise. Staff
believes that legal and responsible use can be encouraged through the use of
administrative rules.
Action:
11
V, YL44 G v ye
ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 10, ENTITLED USE OF
PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL
USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK
CAFES," TO REGULATE SIDEWALK CAFES PRIMARI�Y BY POLICY AND
ADMINISTRATIVE RULES. ( F%rs* Cops �r a�� oh
Comment: This ordinance deletes most of the requirements of sidewalk cafes
from the City Code. Staff recommends placing these provisions in administrative
policies approved by Council resolution and rules established by the City
Manager. Doing so will allow more flexibility in regulating the sidewalk cafes and
allow staff to respond more quickly to business owners' requests. If this
ordinance passes first and second considerations, there will be a resolution
approving the policy for sidewalk cafes on the same agenda as the third
consideration.
Action:
�r . /
ITEM 9. CONSIDER A RESOLUTION AWARDING CONTRACT AND UTHORIZING
THE MAY TO SIGN AND HE CITY CLERK TO TTE A CONTRACT
FOR CON ST UCTION F THE . DUBU E STREET RM SEWER AND
-� WATER MAIN P EMENTS P OJ T.
Comment: Bids this project will b aken on Thur ay, ly 26th at 2:30 p.m.
Staff will revi the ids and a re m endation f award I for presented to
Council at a Counci eeting Tues July 1St. The es ' ated cost of the
project ' $355,000 an is to a funded ith Stormwater and Water revenue
proceeds, and Road Use ax (Pavement Re bilitation).
Action:
EJ W-
� r
- A
CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: July 31 Agenda Additions, Revisions
Consent Calendar
(Approval of Council Action)
ITEM 2a(3) (Addition)July 26 Special Council Formal Official and Complete
(Correspondence)
ITEM 2f(11) (Addition) Susan Boehlje: Moen Tower Project
ITEM 2f(12) (Revision) David Goodner: Predatory lendors (Correction - previously
listed under item 2f(4)
ITEM NO. 9 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT ANd
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE S. DUBUQUE STREET STORM SEWER
AND WATER MAIN IMPROVEMENTS PROJECT.
Comment: Bids for this project were opened on Thursday, July 26, 2012, and the
following bids were received:
Schrader Excavating & Grading Walford, IA
$ 313,297.05
Ricklefs Excavating Anamosa, IA
$ 315,874.60
Carter & Associates Coralville, IA
$ 323,791.00
Dave Schmitt Construction Cedar Rapids, IA
$ 327,747.50
Maxwell Construction Iowa City, IA
$ 366,141.60
Engineer's Estimate
$ 355,000.00
Public Works and Engineering recommend award of the contract
to Schrader Excavating
& Grading of Walford, Iowa The project is to be funded with
Stormwater and W r
reve d Road Use Tax (Pavement Rehabilitation).
ITEM NO. 13 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR RENOVATIONOF FIELDS 1,2,3,4 AT THE NAPOLEON PARK
SOFTBALL COMPLEX PROJECT.
Comment: Bids for this project were opened on Friday, July 27th and the following bids
were received:
MBA Incorporated
Bush Turf, Inc.
Iowa Athletic Field Construction Co.
Engineer's Estimate
North Liberty IA. $159,806.00
Milan, IL. $104,705.00
Webster City IA. $ 98,777.00
$189,123.00
Parks and Recreation recommends award of the contract to Iowa Athletic Construction
Co. of Webster City IA. This project is to be funded by GO Bonds,
July 31, 2012 City of Iowa City Page 12
ITEM 10.
49 362 _
CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE HIGHWAY 1 TRAIL PROJECT - ORCHARD
STREET TO SUNSET STREET.
Comment: Bids for this project were opened on Tuesday, July 24, 2012, and the
following bids were received:
Schrader Excavating
Walford, IA $ 937,160.77
Streb Construction
Iowa City, IA $ 968,662.30
Vieth Construction
Cedar Falls, IA $ 1,081,804.00
Ricklefs Excavating
Anamosa, IA $ 1,094,148.10
Peterson Contractors
Reinbeck, IA $ 1,147,309.70
J & L Construction
Washington, IA $ 1,169,167.79
Carstensen Contracting
Pipestone, MN $ 1,408,568.25
Engineer's Estimate
$ 1,100,000.00
Public Works and Engineering
recommend award of the contract to Schrader
Excavating of Walford, Iowa. The project will be funded with General Obligation
bond proceeds.
Action:
7�
/
ITEM 11. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
3 (o { FOR CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET
INTERSECTION IMPROVEMENT PROJECT.
Comment: Bids for this project were opened on Thursday, July 19, 2012, and the
following bid was received:
Peterson Contractors, Inc. Reinbeck, IA $ 1,845,737.04
Engineer's Estimate $ 1,778,650.00
Public Works and Engineering recommend award of the contract to Peterson
Contractors, Inc. of Reinbeck, Iowa. Funding sources will include $200,000 in a
USTEP grant from the State of Iowa, Iowa DOT 3R funds, Water revenues,
General Obligation bond proceeds.
Action: /
7 1p
ITEM 12. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
/a— 3b2- FOR CONSTRUCTION OF THE PUBLIC WORKS COMPLEX — WARM
STORAGE BUILDING PROJECT.
Comment: Bids for this project were opened on Thursday, July 19, 2012, and
the following bids were received:
Septagon Construction Cedar Rapids, IA $ 208,885.00
Selzer Werderitsch Assoc. Iowa City, IA $ 216,300.00
Tricon General Construction Dubuque, IA $ 251,000.00
Apex Construction Iowa City, IA $ 297,000.00
Hillebrand Construction Davenport, IA $ 331,564.00
Engineer's Estimate $ 178,250.00
Public Works and Engineering recommend award of the contract to Septagon
Construction of Cedar Rapids, Iowa. The project will be funded with General
Obligation Bonds ark Road Use tax proceeds.
Action: (3'
70
July 31, 2012 City of Iowa City Page 13
ITEM 13. CONSIDER A RESOLUTION AWARDING CONTRACT D AUTHORIZING
THE MAYO TO SIGN AND TH CITY CLERK TO ATTE ZT A CONTRACT
FOR RENOV TIONOF FIELDS 1, 3,4 AT THE NAPOLEO PARK
SOFTBALL CO PLEX PROJE
Comment: Bids for is pr ' ct will be to on Friday, July 27th 2:30 pm. Staff
will review the bids an recommenda ' or award will be p se ed to Council
at the Council meeti o uesday, J y 31 s The estimat cost o he project
is $189,000 and is be fun ed by O Bonds.
Action:
a
ITEM 14. CONSIDER A RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF
UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL,
SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING
THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY
TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY
TAXES.
Comment: The City has the authority under Iowa Code §364.136 to assess the
nuisance abatement costs in the same manner as a property tax. This resolution
allows the City Clerk to certify to the Johnson County Treasurer the abatement
cost to be assessed against the property. This assessment is being pursued only
after the City took many steps to resolve the matter. The City notified the home
owners to abate the nuisance (for example, to remove snow from the sidewalk)
and after the home owner did not take action to abate the nuisance, the City
abated the nuisance and billed the owner. After being billed at least twice, these
owners still have not paid the abatement costs. The City has sent a letter to the
home owner giving them notice that this resolution would be on the agenda, a
copy of which is attached to the resolution. No interest will be charged if the
owner pays within 30 days of the first required publication. Attached as an
exhibit to the resolution is a list of the properties that will be assessed and the
amount that will be assessed.
Action:
FA
ITEM 15. CONSIDER A RESOLUTION APPROVING A SETTLEMENT AND REWORK
AGREEMENT.
Comment: Depending on discussion during executive session, the Council may
pass a Resolution Authorizing Settlement and Rework Agreement in connection
with imminent litigation.
Actic
1 r i
M.
CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: July 31 Agenda Additions, Revisions
Consent Calendar
(Approval of Council Action)
ITEM 2a(3) (Addition)July 26 Special Council Formal Official and Complete
(Correspondence)
ITEM 2f(11) (Addition) Susan Boehlje: Moen Tower Project
ITEM 2f(12) (Revision) David Goodner: Predatory lendors (Correction - previously
listed under item 2f(4)
ITEM NO. 9 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE S. DUBUQUE STREET STORM SEWER
AND WATER MAIN IMPROVEMENTS PROJECT.
Comment: Bids for this project were opened on Thursday, July 26, 2012, and the
following bids were received:
Schrader Excavating & Grading
Walford, IA
$
313,297.05
Ricklefs Excavating
Anamosa, IA
$
315,874.60
Carter & Associates
Coralville, IA
$
323,791.00
Dave Schmitt Construction
Cedar Rapids, IA
$
327,747.50
Maxwell Construction
Iowa City, IA
$
366,141.60
Engineer's Estimate
$
355,000.00
Public Works and Engineering recommend
award of the contract to Schrader
Excavating
& Grading of Walford, Iowa The project is to be funded with Stormwater
and Water
revenue proceeds, and Road Use Tax
(Pavement Rehabilitation)
ITEM NO. 13 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
za _ St 3 CONTRACT FOR RENOVATIONOF FIELDS 1,2,3,4 AT THE NAPOLEON PARK
SOFTBALL COMPLEX PROJECT.
Comment: Bids for this project were opened on Friday, July 27th and the following bids
were received:
MBA Incorporated
Bush Turf, Inc.
Iowa Athletic Field Construction Co
Engineer's Estimate
North Liberty IA. $159,806.00
Milan, IL. $104,705.00
Webster City IA. $ 98,777.00
$189,123.00
Parks and Recreation recommends award of the contract to Iowa Athletic Construction
Co. of Webster City IA. This project is to be funded by GO Bonds,
July 31, 2012 City of Iowa City Page 14
ITEM 16. 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.]
N w:
ITEM 16a Youth Advisory Commission — One vacancy to fill an unexpired term plus
a two year term.
/1 (Shall not be more than 18 years of age at the time of application; and
Ole currently enrolled in an Iowa City high school or high school equivalent)
U Effective upon appointment — December 31, 2014.
One (1) person — West High (Leah Murray resigned)
Deferred from 7/10/12 meeting.
OI APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY,
SEPTEMBER 12, 2012.
ITEM 17. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18
years of age unless specific qualifications are stated.
ITEM 17a
ITEM 17b
ITEM 17c
At
ITEM 17d
aAe ITEM 17e
Ad Hoc Diversity Committee — Seven vacancies to fill six -month terms
beginning September 1, 2012 — March 10, 2013. Correspondence
included in Council packet.
Airport Commission — One vacancy to fill an unexpired term, effective upon
appointment — March 1, 2014. (Steve Crane resigned)
Action:
L�
Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term
January 1, 2012 - December 31, 2016. (New full term).
Action: _"G )-
Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term
January 1, 2009 - December 31, 2013. (Term expires for Dennis Keitel).
Airport Zoning Commission — One vacancy to fill a six -year term January
1, 2010 — December 31, 2015. (Term expires for Brian Sponcil)
M. / / � M- 10
July 31, 2012
City of Iowa City Page 15
ITEM 17f Airport Zoninq Commission — One vacancy to fill a six -year term January 1,
2012 — December 31, 2017. (New full term).
Action: d"a' ,azzaz�
ITEM 17g Housing and Community Development Commission — One vacancy to fill
a three -year term September 1, 2012 — September 1, 2015. (Term
expires for Jarrod Gatlin)
Action:
/,� . J�i� ✓��
ITEM 17h Human Rights Commission — One vacancy to fill an unexpired term,
effective upon appointment, ending January 1, 2014. (David Brown
resigned).
Action:
ITEM 17i Police Citizens Review Board — One vacancy to fill a four -year term
September 1, 2012 — September 1, 2016. (Term expires for Royceann
Porter)
Action:
ITEM 17j Youth Advisory Commission — One vacancy to fill a two -year term
(Shall not be more than 18 years of age at the time of application; and
currently enrolled in an Iowa City high school or high school equivalent)
January 1, 2011 — December 31, 2012
One (1) person — Tate High
Action:
ITEM 18. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 19. CITY COUNCIL INFORMATION
July 31, 2012 City of Iowa City Page 16
ITEM 20. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager. ' J4L
b) City Attorney.
c) City Clerk. d
ITEM 21. ADJOURN (to work session if needed).