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HomeMy WebLinkAbout2010-06-01 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. Iowa City City Council Agenda Regular Formal dune 1, 2010 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street ,5sc_ ~//itc ~j CALL TO ORDER. ~~G,r~s~-n ,~~`~ ~~~e~i~P ,~bP1K ROLL CALL. L/~111,t{,~ ~~~K / - ITEM 1. ITEM 2. ~ r _..®~,~ ,~®,~~ CI~TY~-OF IOWA CITY www.icgov.org ~ /~xrr ~~~~z ~ Y`-ea-w~~ CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a) Approval of Council Actions, subject to corrections, as recommended by the City Clerk. 1. May 10, Special Council Work Session 2. May 10, Special Council Formal Official and Complete 3. May 10, Special Council Formal Official and Complete b) Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). 1. Parks and Recreation Commission: March 10, 2010 2. Public Art Advisory Committee: April 1, 2010 3. Planning and Zoning Commission: April 15, 2010 4. Board of Adjustment: March 10, 2010 5. Board of Adjustment: April 14, 2010 6. Historic Preservation Commission: April 8, 2010 7. Senior Center Commission: March 25, 2010 8. Human Rights Commission: April 20, 2010 9. Planning and Zoning Commission: May 6, 2010 10. Police Citizens Review Board: April 13, 2010 11. Police Citizens Review Board: April 15, 2010 12. Telecommunications Commission: April 26, 2010 c) Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: 1. Class C Beer Permit for Suburban Investors, LC, dba Suburban AMOCO, 370 Scott Ct. 2. Class C Liquor License for Cigarette Outlet, Inc., dba Cigarette Outlet #18, 1901 Broadway St. 3. Class C Liquor License for Pershell Corporation, Colonial Lanes, 2253 Highway 218 S. June 1, 2010 City of Iowa City Page 4. Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 S. First Ave. 5. Class C Liquor License for Linn Street Cafe, Inc., dba Linn Street Cafe, Inc., 121 N. Linn St. 6. Class C Liquor License for MP Investments, LLC, dba Vito's, 118 E. College St. 7. Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537, 923 S. Riverside Dr. d) Motions. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $10,260,027.76 FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 2010, 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. e) Public Hearings. i~,_ :~75 1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON JUNE 15, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 420T" STREET IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project consists of reconstructing 420th Street from Highway 6 to the City Limits, constructing a storm sewer system and extending City water and sanitary sewer service to the area. The estimated construction cost is $4,620,000 and will be funded with an IDOT RISE Grant for $1,243,801 and the remainder from General Obligation bond proceeds. Cp,. ~~ ll, 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON JUNE 15, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PENINSULA FLOOD MITIGATION IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project includes renovations to four of the City's well houses located on the Peninsula to provide protection from future flood events, and also includes the construction of a new portable generator terminal site. The estimated construction cost is $871,300 and will be funded with FEMA reimbursements. June 1, 2010 City of Iowa City Page 3 jo _ ~ ~ ~ 3. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON JUNE 15, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BOWERY STREET BRICK REPAIR PROJECT -SUMMIT STREET TO CLARK STREET, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project will renovate Bowery Street between Summit Street and Clark Street including the Bowery Street and Clark Street intersection. This project involves renovating brick pavement, constructing hot mix asphalt pavements, Portland cement concrete base, driveway approaches, curb and gutters, sidewalks, curb ramps and other miscellaneous items. The estimated construction cost is $205,000 and will be funded with General Obligation bond proceeds. ifl - a~~ 4. CONSIDER A RESOLUTION SETTING PUBLIC HEARING ON JUNE 15, 2010 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "FINANCES, TAXATION AND FEES", CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES", ARTICLE 3, ENTITLED, "POTABLE WASTE USE AND SERVICE" OF THE CITY CODE TO INCREASE OR CHANGE WATER METER CHARGES AND SERVICE FEES. Comment: The Water Division recommends increasing certain costs and fees charged to customers for meters, materials and services to better reflect the actual cost. These fees were last updated in the 1980's. f) Resolutions. 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN icy _~7~i AND THE CITY CLERK TO ATTEST TO THE RELEASE OF THE RETENTION AGREEMENT AND DEED RESTRICTIONS FOR THE PROPERTY LOCATED AT 723 EASTMOOR DRIVE, IOWA CITY, IOWA. Comment: The owners of 800 Eastmoor Drive received Jumpstart Housing Assistance, and as a condition of receipt of the assistance, they signed a Retention Agreement and Deed Restrictions. The agreement mistakenly contained the legal description for 723 Eastmoor and so the lien needs to be released. June 1, 2010 /o-- a8v City of Iowa City Page 4 2. 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 UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 25 PENTIRE CIRCLE, IOWA CITY, IOWA. Comment: The owners of the property located at 25 Pentire Circle received flood rehabilitation assistance through the state Jumpstart program on February 20, 2009. The subordination will not change the City's current position, which is second position and inferior to the owner's primary lender. /d - a ~1 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 1716 GRANTWOOD, IOWA CITY, IOWA. Comment: The owners of the property located at 1716 Grantwood received assistance through the City of Iowa City's Housing Rehabilitation Program. The loan has been paid off; thus the lien needs to be released. ib _ ~ ~a 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 1550 GINTER AVENUE, IOWA CITY, IOWA. Comment: The owners of the property located at 1550 Ginter 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. IiJ - ~ ~3 5. 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 627 3~d AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 627 3~d Avenue received assistance through the City of Iowa City's GRIP (General Rehabilitation and Improvement Program). The loan has been paid off; thus the lien needs to be released. t o ~~ a ~'~ 6. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE CITY OF IOWA CITY /SHERATON HOTEL PEDESTRIAN WALKWAY IMPROVEMENT JOINT PROJECT. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. Memorandum included in Council packet. June 1, 2010 City of Iowa City Page 5 ~i7 _ ~ ~5 7. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE LANDFILL GAS SYSTEM 2009 EXPANSION PROJECT. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. Reference memorandum included with item 2f(6). /~ - a ~ ~ 8. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE CITY OF 2009 PCC PAVEMENT PATCHING PROJECT. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. Reference memorandum included with item 2f(6). ~p ~ ~g ~ 9. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE CITY OF 2009 STORM SEWER IMPROVEMENTS PROJECT. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. Reference memorandum included with item 2f(6). ~~_~~~ 10. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER PUBLIC IMPROVEMENTS FOR LOT 276, WINDSOR RIDGE -PART TWENTY B. Comment: See Engineer's Report ~ 1J - ~ g~ 11. CONSIDER A RESOLUTION NAMING DEPOSITORIES Comment: This resolution includes the following changes: 1. We are recommending that Two Rivers Bank & Trust be added to the list of approved depositories with a maximum depository limit of $10,000,000.00. Investments at this institution would be collateralized by the state sinking fund. The effective date will be June 5, 2010. 2. We are recommending that American Bank & Trust be removed from the list of approved depositories because American Bank & Trust was bought out by Two Rivers Bank and Trust. The effective date will be June 5, 2010. June 1, 2010 City of Iowa City Page /a ._ aaa 12. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS Comment: The Iowa City Police Department, in partnership with the Johnson County Sheriff's Office, is making application for the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) program administered by the U.S. Department of Justice. The Departments were notified that they were eligible for a total of $62,440.00. In accordance with past practice and the application process, the parties have agreed to split the award 52% for Iowa City ($32,469) and 48% to Johnson County ($29,971), and that the City of Iowa City will take responsibility for the application and management of this grant under the terms of the interlocal agreement. Staff memorandum included in Council packet. g) Correspondence. 1. Acting Traffic Engineering Planner: Installation of (2) NO PARKING BETWEEN SIGNS signs in the 800 block of Maiden Lane 2. JCCOG Traffic Engineering Planner: Installation of NO PARKING 6 AM - 12 PM SATURDAYS signs for the metered parking spaces on the north side of the 400 block of East Washington Street 3. JCCOG Traffic Engineering Planner: Installation of (1) HANDICAP PARKING space on the southwest corner of the northernmost intersection of Foster Road and Walker Circle 4. JCCOG Traffic Engineering Planner: Installation of (1) STOP sign on the northwest corner of the intersection of Rohret Road and Lake Shore Drive 5. Libris Fidelis: Iowa City is destroying Iowa City into another Chicago 6. Colin Baenziger: City Manager Search 7. Rod Sullivan: Development impact fees 8. Paula Altmaier: Traffic light at Church and Dubuque [staff response included] 9. John Schmitz: Windsor West Neighborhood request for sidewalk from Scott Blvd to Buckingham Lane -petition included 10. Sally Stutsman: Joint Emergency Communications Center (JECC) END OF~CONSENT~CALENDAR. 7, ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. June 1, 2010 City of Iowa City Page 7 ITEM 4. PLANNING AND ZONING MATTERS. (Item "a,e,f" 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 SETTING A PUBLIC HEARING FOR JUNE 15 ON AN ORDINANCE TO REZONE APPROXIMATELY 22.83 ACRES OF PROPERTY LOCATED WEST OF MORMON TREK BOULEVARD AND SOUTH OF HIGHWAY 1 FROM HIGHWAY COMMERCIAL (CH-1) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ10-00008) Comment: At its May 20 meeting, by a vote of 5-0 (Busard and Payne absent), the Planning and Zoning Commission recommended approval of this rezoning, subject to a Conditional Zoning Agreement addressing the appearance of development at the entryway to the city. Staff recommended approval in a report dated May 20. The rezoning will allow intensive commercial uses, such as an auto dealership and collision repair facility on these properties. Action: ~/LOS / /// huh ~// ~/~s b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JUNE 15 ON AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, SECTION 14-4E-8, NONCONFORMING DEVELOPMENT. Comment: At its May 20 meeting, by a vote of 5-0 (Busard and Payne absent), the Planning and Zoning Commission recommended approval of these amendments. Staff recommended approval in a report dated May 14, 2010. Approval of these amendments will allow more flexibility in the application of current development standards as they apply to nonconforming developments. Action: 4 / Q// Cdii~~ c) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JUNE 15 ON AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, ARTICLES 14-51, SENSITIVE LANDS AND FEATURES AND 14-9E, SENSITIVE LANDS DEFINITIONS, TO REFINE THE DEFINITION OF A REGULATED STREAM CORRIDOR. Comment: At its May 20 meeting, by a vote of 5-0 (Busard and Payne absent), the Planning and Zoning Commission recommended approval of these amendments. Staff recommended approval in a memo dated May 14, 2010. Approval of these amendments will refine the definition of stream corridors that are regulated by the City to exclude drainageways that do not have a bed and bank defined by an ordinary high water mark and a definite direction of flow. Action: June 1, 2010 City of Iowa City Page 8 d) VOLUNTARY ANNEXATION OF 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. PUBLIC HEARING Action: o - aR! 2. CONSIDER A RESOLUTION Action: r^ ' ~ ~ i~ e) 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. See staff report included with item 4d. PUBLIC HEARING Action: ~/ „ ~ „ ci ~t out 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: June 1, 2010 City of Iowa City Page 9 f) CONSIDER AN ORDINANCE 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-MU) FOR PROPERTY LOCATED NORTHWEST OF THE INTERCHANGE OF STATE HIGHWAY 1 WITH INTERSTATE 80. (REZ10-00004) (SECOND CONSIDERATION) 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. The applicant has requested expedited action. Action: g) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF MOSS GREEN URBAN VILLAGE, IOWA CITY, IOWA. (SUB10-00005) Comment: At its May 6 meeting, by a vote of 7-0 the Planning and Zoning Commission recommended approval, subject to approval by the City Engineer prior to City Council consideration. It is anticipated that a corrected plat will be submitted for the City Engineer's review prior to the June 1 City Council Meeting. Staff recommended approval in a memorandum dated April 9, 2010 and a staff report dated April 1, 2010. Approval will allow development of Moss Green Urban Village, a 243-acre, 18-lot office research and mixed use subdivision on Oakdale Boulevard west of Dodge Street and north of Interstate R(l Action: ~~.~ a~~- h) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF BROOKWOOD POINTE, SECOND TO FIFTH ADDITIONS, IOWA CITY, IOWA. (SUB10-00006) Comment: At its May 6 meeting, by a vote of 7-0 the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated May 6, 2010. Approval will allow development of Brookwood Pointe, Second to Fifth Addition, a 21.98-acre, 80-lot residential subdivision located west of Sycamore Street, north of Terrapin Drive. Action: June 1, 2010 City of Iowa City Page 10 ITEM 5. RENEWAL OF A CLASS C LIQUOR LICENSE FOR COLUMN, INC. DBA SPORTS COLUMN, 12 S. DUBUQUE STREET. Comment: In accordance with City Code sections 4-2-3 and 4-2-4 staff is recommending the denial of the renewal application for the above mentioned establishment for reasons identified in the memorandum from the Police Department. The memo from the Police Chief providing information on the violations and recommendation for denial is included in the Council Packet along with copies of correspondence sent to the applicant /owner from the City Clerk's office. a) HEARING Action: ~ ~ ~~~ b) CONSIDER A MOTION TO DENY IN ACCORDANCE WITH STAFF RECOMMENDATION Action: ITEM 6. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 SIDEWALK INFILL 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 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. a) PUBLIC HEARING Action: ~ (,o rs~u.~__ ~ O~'G~-~'.e /b _ ~3 b) CONSIDER A RESOLUTION Action: June 1, 2010 City of Iowa City Page 11 ITEM 7. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY 2011 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 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, $250,000 in (JOBS funding, and $660,000 in IDOT funds. See memorandum. included in Council packet. a) PUBLIC HEARING Action: f~ Q Elf ~~ ~ ~ - ~,~4. b) CONSIDER A RESOLUTION Action: ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE f~ _ 439 ~ REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," ' SECTION 2, ENTITLED "AGGRESSIVE PANHANDLING," TO PROHIBIT SOLICITING FOR MONEY IN LIMITED AREAS IN THE DOWNTOWN. (PASS AND ADOPT) Comment: In June 2009, the City adopted an ordinance limiting soliciting in certain areas in the "downtown." The Downtown Association (DTA) recently requested additional restrictions. Correspondence included in Council packet. Action: ~ G ~ i ~- ~ ~- r~' a-- „~~ `~ Glz~s ~ ~i ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF TH~ CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS," TO REGULATE THE COMMERCIAL USE OF PARKS. (FIRST CONSIDERATION) Comment: Although the Director of Parks and Recreation has historically approved the use of City parks for commercial purposes, such as concession stands, there is presently nothing in the City Code preventing someone from selling food or other items in a park. Recently a vendor inquired whether he could sell ice cream in City parks and staff told him that there is no prohibition but that staff was going to recommend to Council that the City regulate using parks for commercial purposes. This ordinance would prohibit all commercial use except as approved by the Director. Action: GlJ~~a~~- l In - ~1tS I ST e_v June 1, 2010 City of Iowa City Page 12 ITEM 10. 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 /D~ ~~ EFFECTIVE DATE OF SECTION 313.1 OF THE INTERNATIONAL RESIDENTIAL CODE. (SECOND 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. Staff recommends expedited action due to the summer schedule. Action: ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH © 9-~q,~ 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. (PASS AND ADOPT) 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. Correspondence included in Council packet. Action: ~1 a~ (-~J j ~ t ~~- /tic s p ~- cy June 1, 2010 City of Iowa City Page 13 ITEM 12. CONSIDER AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN ~o~ 93q~ 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. (PASS AND ADOPT) 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 City Council. The City Council Economic Development Committee recommended approval of the TIF ordinance at their meeting on April 20, 2010. Action: ITEM 13. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN MOSS GREEN DEVELOPMENT CORPORATION AND THE CITY OF IOWA CITY FOR THE DEVELOPMENT OF MOSS GREEN URBAN VILLAGE Comment: On April 27, 2010, the City approved the Moss Green Urban Village Urban Renewal Plan, and in furtherance of the objectives of the Urban Renewal Act, the City wishes to undertake a program for the revitalization and development of this economic development area, which includes entering into an agreement with Moss Green Development Corporation to incentivize the construction of certain infrastructure and improvements within the urban renewal area. Under the terms of the agreement, Moss Green Development Corporation will have the opportunity to receive TIF financed development grants up to a maximum of $13.7 million over a period of twenty years from the date the City first certifies debt associated with development within the urban renewal area. The TIF grants will be funded by placing 50% of the tax increment proceeds generated within the urban renewal area into an account specifically designated for those grants and the City will retain 50% of the tax increment proceeds for future incentives to businesses wishing to locate within the urban renewal area. This Resolution authorizes the Mayor to sign and the City Clerk to attest the Agreement for Private Redevelopment between the City and Moss Green Development Corporation. At their meeting on May 25, 2010 the City Council Economic Development Committee voted 2-1 in favor of recommending the agreement to the full council. Staff memorandum included in Council packet. Draft minutes included in Council Information Packet. Action: ~h~~ i ~v' ~ ~a ~ ~~~ /.~1~~ ~ ~ .5~ ~e x~ a~ ~ a 1( ~z ~r~a June 1, 2010 City of Iowa City Page 14 ITEM 14. CONSIDER A RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE ~D_ ~,~r~ IOWA'S SCULPTOR'S SHOWCASE. Comment: The showcase, a concrete pad located on the downtown pedestrian mall northeast of the Weatherdance Fountain, provides a venue for Iowa sculptors to display their work for a year or more. A contract has been negotiated with Bounnak Thammavong, the artist from Iowa City to display his sculpture "Seed" on the showcase for the period of June 2, 2010 to May 31, 2011. The artist receives a $500 honorarium for their participation. Draft minutes from the May 6, 2010 Public Art Advisory Committee meeting are included in the Information Packet. Action: i ( ~ ~ ~ ~~ ITEM 15. CONSIDER A RESOLUTION APPROVING DISTRIBUTION OF THE "PROGRAM FOR II IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS. ! b ' ~`~ ~D Comment: the City Council allocated $14,850 in Fiscal Year 2011 for the purpose of funding grants to neighborhood associations so they can make improvements in their neighborhood. The Neighborhood Council has solicited, selected and recommends the funding of seven (7) applications from the neighborhood associations and seeks the City Council's review and approval of this recommendation. The grant applications are included in the Council packet. Action: ITEM 16. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2011 AGREEMENT BETWEEN THE CITY OF IOWA /t7- d ~`~ CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Comment: This resolution approves the FY2011 agreement for Iowa City Transit to provide transit service within the corporate limits of University Heights. The level of transit service provided will remain the same as in FY2010. The proposed FY2011 contract amount of $32,892 is an increase from the FY2010 amount based on the National Consumer Price Index, and is an increase of 1.8%. University Heights approved this agreement at their May 11, 2010 council meeting. Action: June 1, 2010 City of Iowa City Page 15 ITEM 17. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY a _ a q ~ CLERK TO ATTEST A CONTRACT FOR AUDIT SERVICES FOR THE FISCAL YEAR 2010 CITY OF IOWA CITY FINANCIAL STATEMENTS. Comment: Professional service contracts over $50,000 require approval by City Council. The FY10 Eide Bailly contract for audit services is not to exceed $51,000. The contract does allow for the auditors to bill $2,000 for each major program in excess of that amount if we have more than 3 major federal programs that need audit. In FY09 the Eide Bailly audit fees totaled $48,000 and included 4 major federal programs that required auditing. We believe Eide Bailly's fee request is reasonable and recommend that the City Council approve the contract for audit services. Action: ITEM 18. co - ~~~ CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SANDUSKY STORM SEWER IMPROVEMENTS PROJECT. Comment: Bids for this project were opened on Wednesday, May 26, 2010 and the following bids were received: Bockenstedt Excavating, Inc. $491,460.20 Carter and Associates, Inc. $518,660.75 Ricklefs Excavating, Ltd. $523,679.50 Langman Construction, Inc. $548,255.10 Metro Pavers, Inc. $547,821.00 Engineer's Estimate $542,227.00 Public Works and Engineering recommend award of the contract to Bockenstedt Excavating, Inc. of Iowa City, IA. The project will be funded by the stormwater utility fund. Action: ~~Ql~t~~ ~~~GK~'~ts -T O ITEM 19. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE /6 ~- 3a~ MAYOR TO EXCUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY -AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LANDFILL FY09 STAGE 1 CELL CONSTRUCTION PROJECT. Comment: This agreement authorizes Howard R. Green Company to provide necessary quality control and quality assurance services related to the FY09 Stage 1 Cell Construction and to the expansion and improvement of the existing landfill gas collection system. The total cost of the engineering services is $474,400 and will be funded by Landfill revenues. Action: /~?~'~ais ~ G~~r~ie~v June 1, 2010 City of Iowa City Page 16 ITEM 20. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY ~~ Y 3~1 CLERK TO ATTEST AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT- OF-WAY BETWEEN THE CITY OF IOWA CITY AND NEW PIONEERS COOPERATIVE SOCIETY FOR A PORTION OF VAN BUREN STREET IN IOWA CITY, IOWA. Comment: This agreement will allow the New Pioneers Cooperative Society to erect a flood protection wall within the Van Buren Street public right-of-way to protect New Pioneer Food Co-op located at 22 S. Van Buren Street if Ralston Creek water levels rise above flood stage and threaten damage to the building. The agreement also allows the New Pioneers Cooperative Society to install an anchoring system within the Van Buren Street sidewalk in order to support said flood protection wall. Action: ITEM 21. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 201 PERSON AVENUE, WHICH IS A PUBLIC NUISANCE, lt7-3oa` .FOR THE PURPOSE OF ABATING THE NUISANCE. Comment: City staff believes that the property at 201 Person Avenue is a nuisance. It contains asingle-family home, which has been vacant for five years. The City has sent the owners numerous notices and issued citations, but the owners have taken no action to repair the large hole in the roof and the structurally unsound garage. The City recently cited the owners for failing to register it as a vacant and abandoned building and the owners have not complied with this either. Staff believes that the house can be saved if it is not allowed to continue to deteriorate. Staff would like to acquire the property in order to abate the public nuisance. Action: ITEM 22. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY in- 30 3 LOCALLY KNOWN AS 1443 PRAIRIE DU CHIEN ROAD, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. Comment: The property at 1443 Prairie Du Chien Road has been a nuisance for approximately 20 years. It contains asingle-family home, which has been vacant for approximately three years. The City has sent the owner numerous notices and issued citations, but the problems of weeds, snow, and junk accumulation continue. There is significant mold growing inside the house resulting from a water pipe leak a year ago that has not been addressed. The fire load in the house and both garages is extreme creating a fire hazard for neighboring properties and fire fighters. Staff would like to acquire the property in order to abate the public nuisance. Action: June 1, 2010 City of Iowa City Page 17 ITEM 23. CONSIDER A MOTION GRANTING A 30-DAY EXTENSION TO THE POLICE CITIZENS REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT WITH THE 'ITY COUNCIL ON COMPLAINT #10-01. Comment: Ordinance 97-3792 establishes the Police Citizens Review Board and sets forth mechanisms for complaints. The Ordinance also provides the City Council to grant extensions of the 45-day reporting requirement for good cause. At their meeting of May 11, 2010, the Board requested a 30-day extension. Correspondence included in the Council packet. Action: ~'l ht-~S ~ ~i~l~~ uc s ITEM 24. 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.] Previous: a) Airport Zoning Brd of Adiustment -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). b) Airport Zoning Brd of Adiustment -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). c) Airport Zoning 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). d) Airport Zoning 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). e) 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). f) 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). g) 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. June 1, 2010 City of Iowa City Page 18 h) Youth Advisory Commission -One vacancy to fill atwo-year term January 1, 2009 -December 31, 2010 One (1) person -Tate High (3 males and 2 females currently serve) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 9, 2010. New: i) Housine and Community Development Commission -Three vacancies to fill three-year terms September 1, 2010 -September 1, 2013. (Term expires for Brian Richman, Holly Jane Hart, Charles Drum) (4 males and 2 females currently serve). j) Human Rights Commission -One vacancy to fill an unexpired term, effective August 1, 2010, ending January 1, 2013. (Fernando Mena-Carrasco resigned) (3 males and 5 females currently serve). See correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JULY 7, 2010. ITEM 25. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 26. CITY COUNCIL INFORMATION. Svf~ e x ~-~ ITEM 27 ITEM 28 REPORT ON ITEMS FROM CITY STAFF. a) City Manager. - O b) City Attorney. ' ~ - c) City Clerk. -Q -- ADJOURNMENT (Continue Work Session if necessary) ~/ /D G~!''« / ~% Macs 9' ~ ~ Q / / ~ ~s-