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HomeMy WebLinkAbout2012-07-31 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. A 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. � r 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 ��� VO � r 1 � "m ftcz h 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. • r . , s; %1 a /, .mow O 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).