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HomeMy WebLinkAbout2010-05-10 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's OfFce 356-5040. -~.®dr~ ~Q/~/~~ '~/L}f{y~~ Iowa City ~~'`~~ 'I l " ~-~~~ ~,-~ City Council Agenda -~-~-- ~~~i CITY OF IOWA CITY ~~~~a~~ Special Formal ~G~.~ l~~P~ May 10, 2010 - 7:00 p.m. ~z~ City Hall - Harvat Hall Grp 410 E. Washington Street '~ www.icgov.org ITEM 1. CALL TO ORDER. ~ ~~~,,~~,~,~,~rv~ ROLL CALL. ~~~~ ~~ ~~ ~ _ n~ ~, - ,~/ ITEM 2. PROCLAMATIONS. a) Pride Month -June 20.10' ~~ ~~ ~ i ~ ~ ~E tkci~'h ' r-1~ y ~~ - D - I ka~~ ITEM 3. O)NSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a) Approval of Council Actions, subject to corrections, as recommended by the City Clerk. 1. April 26, Special Council Work Session 2. April 27, Special Council Formal Official a~ omplete ~~~~~ b) Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). 1. Human Rights Commission: March 16, 2010 2. Public Art Advisory Committee: March 4, 2010 3. Board of Appeals: November 2, 2009 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Temporary Five-Day Class B Beer Permit for Summer of the Arts, Inc., dba Summer of the Arts, 215 Iowa Avenue. (Arts Fest: June 4, 2010 - June 6, 2010) 2. Temporary Five-Day Class B Beer Permit for Summer of the Arts, Inc., dba Summer of the Arts, N. Clinton Street, East of McBride Hall. (Jazz Fest: July 2, 2010 -July 4, 2010) 3. Class C Beer Permit for ND Express, Inc., dba North Dodge Sinclair, 2153 ACT Circle. Renewal: 4. Special Class C Liquor License for Riverside Theatre, dba Riverside Theatre 213 N. Gilbert St. May 10, 2010 City of Iowa City Page 2 5. Transfer of Special Class C Liquor License for Riverside Theatre, dba Riverside Theatre 213 N. Gilbert St. (Shakespeare Festival Stage /City Park June 10 -July 11) 6. Class C Liquor License for Jirsa's, LLC, dba Rick's Grille & Spirits, 1705 S. First Ave. d) Public Hearings. fp_ a¢~ 1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON JUNE 1, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 SIDEWALK INFILL 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: The project involves construction of an 8-foot wide sidewalk along the south side of Rochester Avenue from where the existing sidewalk currently ends, east of Larch Lane, to Amhurst Street, construction of 4-foot wide sidewalk along the east/southeast side of Dubuque Road from North Dodge Street to Bristol Drive, construction of 4-foot wide sidewalk on the west side of Bristol Drive from Dubuque Road to where the existing sidewalk currently ends, construction of 4- foot wide sidewalk on east side of Bristol Drive in front of the vacant lot between 1408 and 1430 Bristol Drive, and other related work. Currently, these locations are missing links to the City's sidewalk system. The estimated construction cost is $190,000.00 and will be funded with General Obligation bond proceeds. ~~ __ ~~j-g 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON JUNE 1, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY 2011 ASPHALT RESURFACING 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 biennial project involves the asphalt resurfacing and chipsealing of various streets throughout Iowa City. The estimated cost for this project is $2,270,280.80 and will be funded with Road Use Tax Proceeds, GO Bonds, and $250,000 in IJOBS funding. May 10, 2010 City of Iowa City Page 3 e) Resolutions. ~ ~ ,- a~-~ 1. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2009 SUMMER SIDEWALK REPAIR PROJECT. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. D - ~ 5~ 2. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, TILE LINES, WATER MAIN, SANITARY SEWER, LIFT STATION, FORCE MAIN AND PAVING PUBLIC IMPROVEMENTS FOR COUNTRY CLUB ESTATES THIRD ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report ~o _ asj 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 IOWA AVENUE PROPERTY LLC, AND TENANT 808 RESTAURANT & NIGHTCLUB, INC. D/B/A 808 RESTAURANT ~ NIGHTCLUB, FOR A SIDEWALK CAFE. Comment: Iowa Avenue Property LLC, as landowner, and 808 Restaurant & Nightclub, Inc., d/b/a as 808 Restaurant & Nightclub seek a renewal of a license agreement for temporary use of public right-of- way at 121 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. ~~ - aka- 4. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN -THE CITY OF IOWA CITY AND MIDWESTONE BANK OF IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 2073 SHERMAN DRIVE, IOWA CITY, IOWA. Comment: MidWestOne Bank, Iowa City, Iowa has requested that the City approve a Subordination Agreement for 2073 Sherman Drive in order for them to be the owner's primary lender and with the City in second position. The owner of the property received assistance for the Single Family New Construction Program through the City of Iowa City in conjunction with the Iowa Department of Economic Development. The home has enough equity to cover the City being in second lien position. May 10, 2010 City of Iowa City Page 4 ~u_ x,53 5. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A PROMISSORY NOTE . AND A MORTGAGE AGREEMENT FOR THE PROPERTY LOCATED AT 410 IOWA AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 410 Iowa Avenue received assistance through the City of Iowa City's Community Development Block Grant (CDBG) funds. The loan has been paid off; thus the liens need to be released. I~ ._ ~,~9- 6. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2445 WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA. Comment: The Iowa Valley Habitat for Humanity owns the property located at 2445 Whispering Prairie Avenue and received assistance though the City of Iowa City's HOME Investment Partnership Funds. The HOME assistance is secured by a mortgage on this property and five (5) other lots. Habitat is conveying this property to a family. Because the family has executed a mortgage in favor of the City to secure the HOME assistance, the City can release this particular lot. ,~- a55 7. 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 2007 I STREET, IOWA CITY, IOWA. Comment: The owner of the property located at 2007 I Street received assistance through the City of Iowa City's Community Development Block Grant funds (CDBG). The terms of the loan were for the purchase of four properties on which to build affordable homes. This particular lot has restrictions on it that were- unknown at the time of purchase that do not allow the construction of a home. The original owner has agreed to buy the property back and Iowa Valley Habitat for Humanity will purchase another property with the CDBG funds; thus this lien needs to be released. May 10, 2010 City of Iowa City Page 5 /o._a,5lo 8. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 10, 2010 THROUGH JULY 11, 2010. Comment: Section 4-5-3 of the City Code allows for the sale and consumption of alcohol in a city park, on a right-of-way, or other public ground, excluding public buildings, pursuant to written agreement. Staff has approved the agreement, which is attached to the resolution, that allows Riverside Theatre to sell beer and wine and for attendees to consume beer and wine from June 10 through July 11, 2010 in a specified area in and around Riverside Festival Stage in City Park. The terms in the agreement are the same as last year with the exception of the dates f) Correspondence. 1. Alcohol: Kristin Dwyer, Brian Flanagan, Greg Mittelman, Jon Shelness 2. Sheila Knoploh-Odole: Bike lane on Jefferson [staff response included] 3. Shannon O'Reilly: Boycott Arizona 4. Cliff Pirnat (X2): N. Riverside Drive [staff response included] 5. Proposal to charge fees to Iowa City Boys Baseball and Kickers: Nick Jackson, Mary Murphy 6. Greg Rockow: Interest in land acquisition 7. Redistricting: Jerry Arganbright, Sarah Swisher, Lynnette Ammar, Emily Farber, Jone Johnson, Mary Murphy [response from Tyet Dorau included] ~"`^n mq~ ~.~~ 8. Charlotte Walker: Civil Rights Case "~'~~.;,~ ~~ 9. Olde Towne Village: Russell Haught, Lauren and John Naeve, Sara Taulbee END OF CONSENT CALENDAR. . ~ ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. .~ ~ X ~-~- May 10, 2010 City of Iowa City Page 6 ITEM 5. PLANNING AND ZONING MATTERS. (Item "b, c" will proceed as outlined in the City Attorney's memo of 2/28/07 entitled- "Rezonings, Due Process and Ex parte communications.") a) CONSIDER A MOTION RE-SETTING A PUBLIC HEARING FOR JUNE 1 ON A RESOLUTION ANNEXING APPROXIMATELY 2.37-ACRES OF LAND LOCATED AT 4265 OAK CREST HILL ROAD SE. (ANN10-00001) Comment: At its March 18 meeting, by a vote of 6-0 (Busard absent), the Planning and Zoning Commission recommended approval of this annexation. Staff recommended approval in a report dated March 18. Approval will allow property associated with the Johnson County Agricultural Extension, including adjacent portions of Old Highway 218 (Oak Crest Hill Road) and CRANDIC Railroad right-of-way, to be annexed into the City. At its April 27 meeting, the Council considered setting a public hearing for this item for May 10, however because a state publication requirement for 14-day notice could not be satisfied, it is necessary to re-set the public hearing for this item. Action: s b) CONSIDER A MOTION RE-SETTING A PUBLIC HEARING FOR JUNE 1 ON AN ORDINANCE REZONING APPROXIMATELY 1.66 -ACRES OF LAND LOCATED AT 4265. OAK CREST HILL ROAD SE FROM COUNTY AGRICULTURAL (A) TO INSTITUTIONAL PUBLIC (P2). (REZ10-00002) Comment: At its March 18 meeting, by a vote of 6-0 (Busard absent), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated March 18. Approval. will allow this property to be developed with the Johnson County Extension Services as well as other state government uses. At its April 27 meeting ,the Council considered setting a public hearing for this item for May 10, however because a state publication requirement for 14-day notice for annexation of this property could not be satisfied, it is necessary to re-set the public hearing for this item. Action: May 10, 2010 City of Iowa City Page 7 c) CONDITIONALLY REZONING APPROXIMATELY 60.32 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP), TO OVERLAY PLANNED DEVELOPMENT -OFFICE RESEARCH PARK (OPD-ORP); AND APPROXIMATELY 56.48 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-RESEARCH DEVELOPMENT PARK (OPD-RDP); AND APPROXIMATELY 24.49 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-MIXED USE (OPD-MUj FOR PROPERTY LOCATED NORTHWEST OF THE INTERCHANGE OF STATE HIGHWAY 1 WITH INTERSTATE 80. (REZ10-00004) (~-1~s ~ ~' ree ri~ Comment: At its April 15 meeting, by a vote of 6-0 (Koppes absent), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in reports dated April 1 and 9. Approval will allow this property to be developed with for a mix of office, residential and research development uses. 1. PUBLIC HEARING Action: ~~~ P X ~~ 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ITEM 6. AMENDING THE FY2010 OPERATING BUDGET. Comment: This public hearing is being held to receive comment on amending the FY2010 budget. Staff memorandum and amendment summary included in Council packet. a) PUBLIC HEARING Action_ .~~~~" . X ~~' ~d ~ a,~`7 b) CONSIDER A RESOLUTION Action: May 10, 2010 City of Iowa City Page 8 ITEM 7. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ~~_~~5g FINANCE ADMINISTRATION DIVISION OF THE FINANCE DEPARTMENT BY INCREASING ONE ADMINISTRATIVE SECRETARY POSITION FROM .63FTE TO 1.OFTE AND DECREASING ONE MANAGEMENT ANALYST POSITION FROM 1.OFTE T0.5FTE Comment: This resolution recommends the partial reduction of .5FTE to the Management Analyst position and an increase of .37FTE to the Administrative Secretary position. The net effect of this change will be a reduction of .13 full-time employees, and a reduction in salary expenditures of approximately $12,000. Staff memorandum included in Council packet. Action: ITEM 8. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1516 SHERIDAN AVENUE. Comment: In 2000, the City allocated FY01 CDBG funds to anon-profit to acquire a child care facility at 1516 Sheridan Avenue which would offer affordable child care services to income-eligible households. In 2005, the child care business failed and the non-profit deeded the property to the City in lieu of foreclosure. After leasing the property for three years, the City listed the property for sale. The City now proposes to sell 1516 Sheridan Avenue to an income-eligible buyer. The amount of the sale will be $130,000, less a $4,000 roof repair allowance. This sale will provide the opportunity for an income-eligible family to obtain ownership of their own home. Proceeds of the sale will be used as program income for CDBG eligible activities. a) PUBLIC HEARING Action: ~~.- asq b) CONSIDER A RESOLUTION Action: May 10, 2010 City of Iowa City Page ITEM 9. APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. Comment: The North Airport Development Subdivision Part Two includes commercial lots, which have been marketed for sale to the general public. The City has negotiated a purchase agreement with Van Meter Industrial, Inc., which requires City Council approval. This resolution approves the purchase agreement and authorizes the Mayor and City Clerk to execute all documents necessary to dispose of the property in accordance with said purchase agreement. The Airport Commission recommends that Council approve the purchase agreement, and the minutes from April 29 meeting containing the recommendation are in the packet. a) PUBLIC HEARING Action: P__ /D-~cw b) CONSIDER A RESOLUTION Action: ~llr ~ ~ ~ lz~~ ~~~~~ - ITEM 10. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL FY09 STAGE 1 CELL CONSTRUCTION PROJECT,. ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This project will include the remaining excavation and grading work, pipe work and liner system for constructing an additional cell on the west half of the landfill. This new cell will be constructed in accordance with all Federal and State regulations. The estimated construction cost is $5,700,000 and will be funded with Landfill revenues. a) PUBLIC HEARING Action: ~ l.~ ~~ ~ h ~ r~° a /x~ ~- ~~ 1 b) CONSIDER A RESOLUTION ~~° Action: ~+"~ ~ ~ `~r`l11 S May 10, 2010 City of Iowa City Page 10 ITEM 11. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SANDUSKY STORM SEWER 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 involves storm sewer improvements to help eliminate neighborhood flooding to the Sandusky Drive and Briar Drive area. The project will include new pavement, storm sewer, and grading along Sandusky Drive and Taylor Drive, as well as storm sewer and grading north of Sandusky Drive. The estimated cost of the project is $490,000 and is to be funded by the stormwater utility fund. a) PUBLIC HEARING Action: ~-~ ~~- d~,~„ b) CONSIDER A RESOLUTION Action: ITEM 12. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE ROOF REPAIRS AND MEMBRANE REPLACEMENT 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: The project will involve removing the existing roof membrane and replacing with a new roof membrane on the Senior Center. The work will also require masonry repairs and cleaning coping caps, balustrades, and brick masonry on parapet walls. The project will require the provision and installation of new roof deck insulation and 60 mil adhered PVC membrane. The contractor will be responsible for providing support for associated plumbing and electrical work. The estimated construction cost is $152,767 and will be funded with GO Bonds. a) PUBLIC HEARING Action: ~~_ ~~, 3 b) CONSIDER A RESOLUTION Action: May 10, 2010 City of Iowa City Page 11 ITEM 13. ADOPTING IOWA CITY'S FY11 ANNUAL ACTION PLAN WHICH IS A SUB-PART OF IOWA CITY'S 2011-2015 CONSOLIDATED PLAN (CITY STEPS) AND FY08, FY09, FY10 ANNUAL ACTION PLAN AMENDMENTS, WHICH ARE SUB-PARTS OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND AMENDMENTS AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. Comment: At their April 15, 2010 meeting, the Housing and Community Development Commission (HCDC) discussed and recommended that City Council approve the FY11 Annual Action Plan and FY08, FY09 and FY10 Annual Action Plan amendments ("Amendments"). The draft minutes of the April 15 HCDC meeting were included in the April 29 Council information packet. A copy of the FY11 Annual Action Plan and Amendments were included in the April 8 Council information packet. Attached to this resolution is Exhibit A that lists the FY11 CDBG and HOME projects recommended for funding. To receive federal fiscal year 2010 funding (City FY11), the FY11 Annual Action Plan must be submitted to the U.S. Department of Housing and Urban Development (HUD) by May 15, 2010. For more information see staff memo in the agenda packet. a) PUBLIC HEARING Action: .~~ ~ ~~C°F~o~.~ !D- X64 b) CONSIDER A RESOLU/TION Action: ~/_~d ~ ~'W l ~li~ ~ ~ ~~~~ ~.~ ~u~ ~~ c~i e May 10, 2010 City of Iowa City Page 12 ITEM 14. ADOPTING IOWA CITY'S CITIzEN PARTICIPATION PLAN AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. Comment: At their April 15, 2010 meeting, the Housing and Community Development Commission (HCDC) discussed and recommended that City Council approve the Citizen Participation Plan. The draft minutes of the April 15 HCDC meeting were included in the April 29 Council information packet. A copy of the Citizen Participation Plan was included in the April 8 Council information packet. For more information see staff memo in the agenda packet. a) PUBLIC HEARING Action: ~~' h'Ytr~~ CX-~,~E'~`/~~ ~~•- ~~~ b) CONSIDER A RESOLUTION Action: (,r 7r +~ ~i~t ITEM 15. CONSIDER A RESOLUTION ESTABLISHING FUNDS FOR THE HOUSING ip_ ~~~ REHABILITATION .PROGRAM, ECONOMIC DEVELOPMENT ACTIVITIES, AND AID-TO-AGENCIES THROUGH THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS. Comment: Through past resolutions or long-term practice the Council has directed Community Development staff to set-aside a certain amount or a percentage of the funds to specific activities. These activities include the Iowa City Housing Rehabilitation Program, Aid to Agencies and Economic Development Fund. Staff has placed all three earmarks into one resolution that will direct funds to the aforementioned activities such that a new resolution does not need to be approved every five years with each Consolidated Plan (a.k.a. CITY STEPS). For more information see staff memo in the agenda packet. Action: ~ i~~ ~/~~'~ ~ ~iC ~~~~_s ~` c `' ~ ~' C f~~ ~ ~~ Q~jS E'I~~ May 10, 2010 City of Iowa City Page 13 ITEM 16. CONSIDER AN ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 1, ENTITLED, "BUILDING CODE," SECTION 3, ENTITLED "AMENDMENTS TO CODE," TO CHANGE THE EFFECTIVE DATE OF SECTION 313.1 OF THE INTERNATIONAL RESIDENTIAL CODE. (FIRST CONSIDERATION) Comment: The City adopted the 2009 edition of the International Residential Code ("IRC") on December 1, 2009. With limited exception, section 313.1 of the IRC requires that townhouses and one and two family occupancies protect lightweight materials such as trusses or engineered lightweight material in the structural floor or ceiling areas in a particular manner. The Greater Iowa City Area Home Builders Association ("Home Builders") and truss manufactures have raised issues concerning the implementation of this life safety requirement. Staff, the Home Builders, and the Board of Appeals discussed this section last year and recommended adoption on the assumption that the State would be requiring sprinklers. The State is no longer going to require sprinklers in single family homes and so this issue has arisen again. In order to allow time to address this issue, staff recommends changing the effective date of this section to January 3, 2011 in order to work with a committee comprised of staff, the Home Builders, the truss manufacturing industry, area fire departments, and others. The Board of Appeals recommends that Council change the effective date as well, and the minutes from May 3 meeting containing the recommendation are in the packet. Correspondence included in Council packet. Action: ~~ ~1i` ,t ~ ~ ~ ~~ ITEM 17. CONSIDER AN ORDINANCE PROVIDING THAT GENERAL PROPERTY AXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY. LOCATED WITHIN THE MOSS GREEN URBAN VILLAGE URBAN RENEWAL AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMNENT PROJECT. (SECOND CONSIDERATION) Comment: Adopting a TIF ordinance is the second step in establishing a tax increment financing (TIF) district. Adoption of the Moss Green Urban Renewal Plan was the first step, and as such, was approved by the Planning and Zoning Commission as being in conformity with the general plan for development of the City as a whole. Additionally, the required consultation with the other taxing entities in the county was also held. The TIF ordinance allows for new taxes derived from the development of taxable property in the Urban Renewal Project Area to be divided and used for loans, ~,~- rebates, grants, advances, indebtedness, or bonds payable for projects approved by ~ .~ Cit Council. The City Council Economic Development Committee recom ended ~ ~~~"` Y ~,,c approval of the TIF ordinance at their meeting on April 20, 2010. `~,l ~r X ~ a~ Action L~ ®/, r r F:> ~ «oc-c ~~-c~ May 10, ZO10 City of Iowa City Page 14 ITEM 18. CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," SECTION 2, ENTITLED "AGGRESSIVE PANHANDLING," TO PROHIBIT SOLICITING FOR MONEY IN LIMITED AREAS IN THE DOWNTOWN. (SECOND CONSIDERATION) D~~~K~ Comment: In June 2009, the City adopted an ordinance limiting soliciting in certain ,~-b~. areas in the "downtown." The Downtown Association (DTA) recently requested ~~ additional restrictions. Staff recommends expedited action due to the summery"'y~• schedule. Correspondence included in Council packet. %~ ~/ ~~~~ Action: ~G~//~~' _~~ ~/'~/~~ ~~~~ '~// ~ ~ 1 in.5 ~ .~ 6 ~ Gl// ~~s ITEM 19. CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC H ALTH AND SAFETY," CHAPTER 10, ENTITLED "SMOKE FREE PLACES," TO PROHIBIT SMOKING THROUGHOUT CITY PLAZA AND NEAR SIDEWALK CAFES AND TO MAKE THE SMOKING PROHIBITION AT THE FARMERS MARKET CONSISTENT WITH THE EXPANSION IN HOURS AND LOCATION. (SECOND CONSIDERATION) ITEM 20. rte-93~q Comment: Smoking is currently prohibited in City Plaza, a/k/a the ped mall, generally from the fountain to Linn Street. The Downtown Association recommends that the City prohibit smoking throughout the ped mall except for the alleys. This ordinance also makes some minor amendments to the no-smoking provisions in light of recent changes in the hours of operation of the Farmers Market and its expansion onto Washington Street. Staff recommends expedited action due to the summer schedule. ~„~, ~-~ x~v ~ `~~j//ur~i Action: ~il~[~-1.~ V ~ v1~S ~ ~- ~ ~~1' 1~- _ Gtl~!s CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHIQLES a-~ist-~~ AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUB-SECTION B, ENTITLED "EXCEPTIONS." (SECOND CONSIDERATION) Comment: This action is being taken to maintain safe vehicle travel speeds on Taft Avenue between Lower West Branch Road and American Legion Road due to increased traffic by vehicles, bicycles, and pedestrians as well as sight distance issues. Traffic speed on Taft Avenue has been a concern since Court Street was extended to Taft Avenue and with additional residential development in the area. Since Taft Avenue is shared with Johnson County, the Board of Supervisors will also be asked to approve the reduced speed. Currently, Taft Avenue does not have a posted speed limit and the assumed speed limit is 55 mph. Enforcement of the reduced speed limit will be the responsibility of the City. Staff recommends expedited action due to the summer schedule. ~/ Action: ~ / C ~jpitL~ ~ ~f/ 4t a /~ S Per << May 10, 2010 City of Iowa City Page 15 ITEM 21. CONSIDER AN ORDINANCE AMENDING TITLE 1, ENTITLED /D- 439fl "ADMINISTRATION," CHAPTER 4, ENTITLED "GENERAL PENALTY," SECTION 2D TO PROVIDE THAT THE CIVIL PENALTY FOR OVER-OCCUPANCY OF A RENTAL UNIT BE $750.00 FOR FIRST VIOLATION AND $1,000.00 FOR SECOND AND SUBSEQUENT VIOLATIONS UNDER BOTH THE ZONING CODE AND THE HOUSING CODE. (PASS AND ADOPT) Comment: Both the Zoning Code and the Housing Code limit occupancy. In 2009, the fine for over-occupancy under the Zoning Code was increased to $750.00 for the first violation and $1,000.00 for the second and subsequent violations. The 2009 ordinance did not include an increase in the fine for over-occupancy under the Housing Code. This ordinance provides that the fines for over-occupancy are the same regardless if the person is cited under the Zoning Code or the Housing Code. Action: 1 ~ IiiC icca~/[ s v/T- / L~/~jQL17 ~i6'ZL ~U_5e=lc ITEM 22. CONSIDER A RESOLUTION AUTHORIZING AN AGREEMENT BETW~EN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL It7 - ~.b 7 FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 2010 THROUGH JUNE 30, 2013. Comment: This is a three-year agreement which includes a 1.35% across the board increase in July and a 1.5% across the board increase in December of each year, an additional $20 in each year toward single health insurance, increases to the plan deductible and out of pocket maximum in each year, and the implementation of payments for certified Hazardous Materials Technicians. Action: c-(~-~ ~Uc~~c~~cZ ' ~5 ~ D ~~~~0`, / B7L ~ 'S!'i~~ ITEM 23. CONSIDER A RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY rD_ ~,~5 OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 2010 THROUGH JUNE 30, 2012. Comment: This is a two-year agreement which includes a 1.35% across the board increase in July and a 1.5% across the board increase in December of each year, an additional $20 in each year toward single health insurance for full-time employees, increases to the plan deductible and out of pocket maximum in each year, and other minor language changes. Action: `C'h a2~ c'S~~-. May 10, 2010 City of Iowa City Page 16 ITEM 24. CONSIDER A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE /a _ <;2.b9 CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2010 THROUGH JUNE 30, 2011. Comment: This is a one-year agreement which includes a 1.35% across the board increase in July and a 1.5% across the board increase in December, a $20 contribution. toward single health insurance, an increase to the plan deductible and out of pocket maximum and a minor increase to longevity. Action: ~ ' ~ /, S ~ ITEM 25. CONSIDER A RESOLUTION ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE ~~' ~~a EMPLOYEES FOR FY11 AND FY12. Comment: This is a two-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 two-year collective bargaining agreement. Action: ~" ITEM 26. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN ND THE CITY CLERK TO ATTEST AN AGREEMENT WITH SUMMER OF THE ARTS, INC. TO ~a -- a-? I ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION AND POSSESSION OF BEER DURING ARTS FEST AND JAZZ FEST WITHIN A SPECIFIED AREA ON A CITY STREET. Comment: Section 4-5-3 of the City Code allows for the sale and consumption of alcohol in a city park, on a right-of-way, or other public ground, excluding public buildings, pursuant to written agreement. The agreement, which is attached to the resolution, allows Summer of the Arts, Inc. to sell beer in a fenced off area on Iowa Avenue during Arts Fest and on N. Clinton Street during Jazz Fest. The exact location and the dimensions of the sites are attached as exhibits to the proposed agreement. Correspondence included in Council packet. ~ha~~~1a-`~Sl~ Action: ~ i~~~~~ `U r ~`a ltd ~~ l~/1 ~~a1 bi~ ~G>r'i~~'~ May 10, 2010 City of Iowa City Page 17 ITEM 27. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR i~-~17~ .CONSTRUCTION OF THE 2010 MUSCATINE AVENUE WATER MAIN REPLACEMENT PROJECT. Comment: Bids for, this project were opened on Tuesday, May 4, 2010 and the following bids were received: Carter & Associates Coralville, IA $304,760.00 Hagerty Earthworks Muscatine, IA $421,137.69 Maxwell Construction Iowa City, IA $437,181.00 Ricklefs Excavating Anamosa, IA $458,107.00 Bockenstedt Excavating Iowa City, IA $460,977.00 Engineer's Estimate $525,000.00 Public Works and Engineering recommend award of the contract to Carter & Associates of Iowa City, Iowa. The project will be funded with Water revenues. Action; ~~% l ~I,~Y'L1 ~_ ~'ri A ~~ ITEM 28. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR r~ - a73 CONSTRUCTION OF THE SYCAMORE STREET FROM LANGENBERG AVENUE TO U.S. HIGHWAY 6 IMPROVEMENTS PROJECT. Comment: Bids for this project were opened on Wednesday, April 28, 2010 and the following bids were received: Streb Construction Co. Iowa City, Iowa $2,100,697.00 Metro Pavers, Inc. Iowa City, Iowa $2,120,558.00 Bockenstedt Excavating Iowa City, Iowa $2,241,378.00 Tschiggfrie Excavating Dubuque, Iowa $2,389,440.00 Engineer's Estimate $2,233,000.00 Public Works and Engineering recommend award of the contract to Streb Construction Company of Iowa City, Iowa. The project will be funded with $126,795 from Subdivision Development fees and the remaining costs from General Obligation bond proceeds. Action: /,U%/ d ~t j ~ IC- ~•-~c' ~ ~ s Y May 10, 2010 City of Iowa City Page 18 ITEM 29. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE It7_~79- MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND STANLEY CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT. Comment: This agreement will provide engineering services, from design through construction, for consolidation of all wastewater operations at the South Plant site and will allow for the diversion of all flows from the aging and flood prone North Plant. The project includes the expansion of the South Plant to provide flood protection, capacity for growth, energy efficiency improvements and accommodations for anticipated future regulatory requirements. The contract amount is not-to-exceed $5,758,000. The estimated total project cost, design through construction is $46 million. Funding sources for this project include $22 million EDA grant (48% of total cost), $5.5 million I- JOBS grant (12% of total cost), $5 million CDBG grant (11% of total cost) and $13.5 million local funds including local option sales tax revenue (29% of total cost). Additional outside funding is still being perused. Please see the memo from staff for additional information. Action: ~ ~ .~~ /: ,~C ~r '~ '/ 6 Cam/?G~ l r-r. , / Cpl L rz G~ St' te' -. ITEM 30. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in lo~a 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.] Previous: a) Historic Preservation Commission -One vacancy, for an At-Large position, to fill an unexpired term, effective upon appointment, ending March 29, 2011. (Lindsay Bunting Eubanks resigned) (5 males and 5 females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 9, 2010. New: b) Senior Center Commission -One vacancy to fill an unexpired term, effective upon appointment, ending December 31, 2011. (Charlotte Walker resigned) (3 males and 3 females currently serve). See correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 9, 2010. G~y2~~ J ~~ ~ J~~ May 10, 2010 City of Iowa City Page 19 ITEM 31. v^~ ,~~~ 1'~ 1~' h~ ~t ~~~ ~~~ (~ COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. a) Airport Commission -One vacancy to fill an unexpired term, effective upon appointment, ending March 1, 2012. (Janelle Rettig resigned) (3 males and 1 female currently serve). T /n~ b) Airport Zoninq Brd of Adjustment -One vacancy to fill an unexpired term, effective upon appointment,. plus afive-year term January 1, 2007 -December 31, 2011. (Carl Williams resigned) (1 male and 1 female currently serve). r~--~~ ~( c) Airport Zoninq Brd of Adjustment -One vacancy to fill afive-year term January 1, 2009 -December 31, 2013. (Term expires for Dennis Keitel) (1 male and 1 female currently serve). r~ - ~ d) Airport Zoninq Commission -One vacancy to fill asix-year term January 1, 2006 -December 31, 2011. (Term expires for Mark Anderson) (1 male and 1 female currently serve). r~-<~~ e) Airport Zoninq Commission -One vacancy to fill asix-year term January 1, 2010 -December 31, 2015. (Term expires for Brian Sponcil) (1 male and 1 female currently serve). r~ ' it ~ f) Appeals, Board of -One vacancy to fill afive-year term January 1, 2009 - December 31, 2013, for a Mechanical Professional. (Term expires for Tim Fehr) (5 males and 1 female currently serve) ~~ -~~ g) Library, Board of Trustees -One vacancy to fill an unexpired term, effective upon appointment, ending June 30, 2013. (Michael Cohen resigned) (5 males and 3 females current) serve). /~//u~ C~y'v~ r h) Police Citizens Review Board -One vacancy to fill an unexpired term, effective July 1, 2010, ending September 1, 2013. (Vershawn Young resigned) (2 males and 2 females currents serve). ~ ~ , ~ o .~.P_„~ rl C 1 -1~ C a n May 10, 2010 City of Iowa City Page 20 i) Youth Advisory Commission -One vacancy to fill atwo-year term January 1, 2009 -December 31, 2010 One (1 ).person-Tate High (3 mates and 2 females currently serve) r ~ ~ dl - j) Youth Advisory Commission -One vacancy to fill atwo-year term January 1, 2010 -December 31, 2011 One (1) person -Regina High (Term expires for Hannah Green) (3 males and 2 females currently serve) ITEM 32. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 33. CITY COUNCIL INFORMATION. ~~~ ~~~ ITEM 34. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. ' ~ Asst -~''~ b) City Attorney. U -" c) City Clerk. ITEM 35. ADJOURNMENT (Continue Work Session if necessary) /~~~~ ~~~~ ~~~ /~ ~Lr~ ~~~~.