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HomeMy WebLinkAbout2019-01-22 Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5041 If you will need disability-related accommodations in order to participate in this program/event, please contact Kellie Fruehling at 319-356-5041, kellie-fruehling©iowa- city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. t=ru i►� C re er Iowa City L� — c t Monroe. I-�ec c City Council Agenda `�-' dr Special Formal January , 2019 00 N,...„04-2.19. 41.4400:k true t li t City Hall - Harvat Hall CITY o IOWA CITY ��°ch� 410 E.Washington Street '�°g °rg eve' �-f��, v ww.iogov.org 1 . Call to Order 2. Student Leadership Awards - Grant Wood Elementary — Sfne-C- 9-2e2.a. Natalia Flack cA r)c..1-erne+�4 d`' 2.b. Mason Tilley Pr 3. Proclamations 3.a. Sudan Proclamation of Support —aLci ri � �- I a_1(\asi n YY)o tila ae i t Beginning of Consent Calendar (Items 4-9) � fl Consider adoption of the Consent Calendar as presented or amended 4. Approval of Council Actions (subject to corrections, as recommended by the City Clerk) 4.a. January 5, Budget Work Session 4.b. January 8, Work Session 4.c. January 8, Special formal Summary of Minutes 5. Receive and File Minutes of Boards and Commissions 5.a. Community Police Review Board: December 11 5.b. Parks & Recreation Commission: December 12 5.c. Planning & Zoning Commission: December 20 5.d. Telecommunications Commission: October 22 January 22, 2019 Iowa City City Council Agenda Page 1 6. Permit Motions and Resolutions (as recommended by the City Clerk) 6.a. Liquor License - Renewals 1 . Class C Liquor License for Iowa City Beverage Company, dba Liquor Downtown, 315 S. Gilbert St. 2. Class C Liquor License for 2-Tone, Inc., dba Bluebird Diner, 330 E. Market St. 3. Class C Liquor License for Baroncini LLC, dba Baroncini, 104 S. Linn St. 4. Class C Liquor License for Motif, Ltd., dba Bo-James, 118 E. Washington St. 5. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee #3, 1125 N. Dodge St. 6. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food & Drugstore #1 #1 & Regal Liquor, 1720 Waterfront Dr. 7. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food Store #2, 812 S. 1st Ave. 8. Special Class C Liquor License for Korean Barbeque Restaurant, dba Onnuri Restaurant, 624 S. Gilbert St. 9. Class C Liquor License for MolaRam LLC, dba Sanctuary Pub, 405 S. Gilbert St. 7. Resolutions and Motions 7.a. Access Easement Resolution authorizing the Mayor to sign and the City I — l - - Clerk to attest an easement agreement for 520 N. Dodge Street and 522 N. Dodge Street. Comment: The City purchased 520 and 522 N. Dodge St. as part of the UniverCity program. The access to a public street for 522 N. Dodge is through the rear yard of 520 N. Dodge. The current access easement does not address the issues of maintenance, snow removal, or parking, and the proposed easement provides for these. January 22, 2019 Iowa City City Council Agenda Page 2 7.b. Pine Grove Estates — Final Plat Resolution approving the extraterritorial final plat of 9 - I Pine Grove Estates, Johnson County, Iowa. (SUB18- 00020) Comment: A preliminary plat of Pine Grove Estates was approved in April, 2018. Staff recommends approval of the extraterritorial final plat subject to the approval of legal papers and construction drawings by the City Attorney and City Engineer. It is anticipated that legal papers and construction drawings will be approved prior to the January 22nd City Council Meeting. Approval will allow for the development of Pine Grove Estates, a 4-lot, 5.25-acre residential subdivision located at 3910 Stewart Road NE in the North Corridor Fringe Area of the Iowa City/Johnson County Fringe Area Agreement. 7.c. Budgeted Positions - Streets & Traffic Engineering Division Resolution amending the budgeted positions in the Streets 161- C & Traffic Engineering Division of the Public Works Department and the AFSCME pay plan by deleting one full- time MWII Signs position and adding one full-time Signs & Pavement Markings Technician position. Comment: A resolution to approve the replacement of the AFSCME paygrade 7 position — MWII Signs with a paygrade 7 position — Signs & Pavement Markings Technician. This change will better serve the needs of the City with the continued advancement of sign making and installation to MUTCD standards. 7.d. Budgeted Positions - Water Division Resolution amending the budgeted positions in the " ci Water Division of the Public Works Department and the AFSCME pay plan by deleting one full-time Water Engineer position and adding one full-time Water GIS Technician position. Comment: A resolution to approve the replacement of the AFSCME paygrade 15 position — Water Engineer with a paygrade 12 position — Water GIS Technician. This change will better serve the needs of the City for continued use and advancement of GIS technologies in the workplace. The net change in personnel wages is a reduction of $8,320. January 22, 2019 Iowa City City Council Agenda Page 3 7.e. Deli Mart #5 Tobacco Penalty Resolution accepting use of section 453A.22(3) 1c) - 2c) affirmative defense to tobacco civil penalty by Deli Mart #5. Comment: This Resolution accepts the use of an affirmative defense to a tobacco civil penalty, described in Iowa Code section 453A.22(3) by Deli Mart Properties Inc., dba Deli Mart #3, 206 E. Benton Street, Iowa City. Without the affirmative defense, Section 453A.22(2) would provide that, after a hearing, a civil penalty be assessed because an employee of Deli Mart Properties Inc., dba Deli Mart #3 violated Section 453A.2(1) by selling or providing tobacco to a minor. 8. Setting Public Hearings 8.a. Rezoning East of S. Gilbert & West of Sandusky Drive Motion setting a public hearing for February 5 on an ordinance conditionally rezoning approximately 18.03 acres from Interim Development Multi-family Residential (ID-RM) zone to Planned Development Overlay/Low Density Single-Family Residential (OPD/RS-5) zone (5.8 acres), Planned Development Overlay/Low Density Multi- Family Residential (OPD/RM-12) zone (9.7 acres) and Neighborhood Public (P-1 ) zone (2.26 acres) located east of S. Gilbert Street and west of Sandusky Drive. (REZ18- 00024) Comment: At its January 3 meeting by a vote of 6-0 (Martin absent) the Planning and Zoning Commission recommended approval of this rezoning subject to a conditional zoning agreement requiring conformance with the OPD plan and elevations, inclusion of open space details on Lot 2 at final platting, approval by the City Forester of the tree replacement plan, location of roof drains and gutters, construction of a five foot sidewalk along S. Gilbert Street, installation of curb ramps for a pedestrian crossing, and dedication of a landscape easement on Lot 1. Approval will allow the development of 57 multi-unit dwellings, 2 two-unit dwellings, and 15 single- unit dwellings. January 22, 2019 Iowa City City Council Agenda Page 4 8.b. Rezoning at the northwest corner of Moss Ridge Road and Highway 1 Motion setting a public hearing for February 5 on an ordinance conditionally rezoning approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1 from Interim Development- Research Park (ID-RP) to Highway Commercial (CH-1 ). (REZ18-00022) Comment: At its January 3 meeting by a vote of 6-0 (Martin absent) the Planning and Zoning Commission recommended approval of this rezoning subject to a conditional zoning agreement requiring closure and removal of the access road off of Highway 1, approval of a final plat prior to the issuance of building permits, conformance with the concept plan only in that a principal building occupy the corner of Moss Ridge Road and Highway 1, and installation of a 10-foot wide sidewalk along Highway 1 and pedestrian ramps across Moss Ridge Road. 8.c. Willow Creek Park Improvements Resolution setting a public hearing on February 5, 2019 on plans, specifications, form of contract, and estimate efLof cost for the construction of the Willow Creek Park . k,(i/ 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 the replacement of the restrooms, shelter, and play area at Willow Creek Park. The estimated project cost is $685,000 and will be funded by account #R4322 — Willow Creek / Kiwanis Park Improvements. January 22, 2019 Iowa City City Council Agenda Page 5 8.d. Highway 1 Trail - Sunset Street to Mormon Trek Boulevard Resolution setting a public hearing on February 5, 2019 1 Q - 2-1 on plans, specifications, form of contract, and estimate of cost for the construction of the Highway 1 Trail — Sunset Street to Mormon Trek Boulevard 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 the installation of a 10' wide PCC trail between Sunset Street and Mormon Trek Boulevard. The estimated project cost is $840,000 and will be funded by account #R4225 — Highway 1 Sidewalk/Trail. 8.e. West Riverbank Stabilization Resolution setting a public hearing on February 5, 2019 I q- 2-2- on plans, specifications, form of contract, and estimate of cost for the construction of the West Riverbank Stabilization 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 will involve constructing a retaining wall that will stabilize the river bank and accommodate a future recreational trail. The estimated cost for the project is $1,300,000. Funds are available in the West Riverbank Stabilization and Trail fund #P3981. 9. Correspondence 9.a. Pedestrian Mall Benches: Laura Routh, Mary Oquendo, Gloria Ruzicka, Mark Callaghan, Elva Craig, Fred Dery Jr, Nancy Sereduck, Jeffery Ford, Jay Honohan, Julie Nieland, Colleen Hogan 9.b. Carol Spaziani: Funding for public art 9.c. Johnson County Board of Supervisors: Fringe Area Agreement 9.d. Mary Kirkpatrick: Thank you - charging stations!!! 9.e. Form-based code for Northside Marketplace: Northside Neighbors (x18), Jesse Singerman 9.f. Richard Stapleton: Riverside Drive 9.g. Ashu Cingareddy: Kids Save Ocean 9.h. Gabrielle Abilez: Wyland Foundation 2019 National Mayor's Challenge for Water Conservation January 22, 2019 Iowa City City Council Agenda Page 6 I • iM11®'®� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Information submitted between distribution of packet on Thursday and close of business conn FFlriidday. Consent Calendar Item 9 Correspondence Item 9.a Pedestrian Mall Benches: Heather Hix, Toni Van Voorhis, Ralph Savoy, Amy Fretz, Susan Wall End of Consent Calendar Action: As czryt r ) c(P-Ce r c vLdck e,C, (b -1-e 6 S Sari h J Cole_ 7/c, `°r` 10. Community Comment (items not on the agenda) - Community Comment will be continued, if necessary, prior to "City Council Information" item at the end of the meeting agenda. SPP TT 11 . Planning and Zoning Matters. If a majority of the Council is inclined not to concur with the Planning and Zoning Commission recommendation a consult with the Planning and Zoning Commission should be offered before the close of the public hearing. 11 .a. Rezoning at 416 Reno Street Ordinance rezoning property located at 416 Reno Street from Medium Density Single-Family Residential Zone (RS-8) to RS-8 with a Historic District Overlay ((RS- 8/OHD). (REZ18-00021 ) Comment: At its December 20, 2018 meeting, by a vote of 6-0 (Townsend ,-rabsent), the Planning and Zoning Commission recommended approval of this rezoning. Approval will result in the property being designated as an Iowa City Local Historic Landmark. 1. Public hearing Soso 2. Consider an Ordinance (First Consideration) Mims / Tat 1 I o r ' -7I D January 22, 2019 Iowa City City Council Agenda Page 7 11 .b. Rezoning at 1818 N. Dubuque Street Ordinance rezoning property located at 1818 N. Dubuque Street from Low Density Single-Family Residential Zone (RS-5) to RS-5 with a Historic District Overlay (RS- 5/OHD). (REZ18-00023) Comment: At its December 20, 2018 meeting, by a vote of 6-0 (Townsend absent), the Planning and Zoning Commission recommended approval of this rezoning. Approval will result in the property being designated as an Iowa City Local Historic Landmark. 1. Public hearing Action: c (0C-6.0( 2. Consider an Ordinance (First Consideration) Action: ! r.crJ IOr/ , 7/0 11 .c. Zoning code amendment related to minor amendments to address inconsistencies Ordinance amending Title 14, Zoning Code of the Iowa City Code related to clarification on code language in multiple sections. (ZCA18-00004) Comment: At its December 20, 2018 meeting, by a vote of 6-0 (Townsend absent), the Planning and Zoning Commission recommended approval of this amendment related to design review of sidewalk cafes, minor modification for general educational facilities, alcohol sales in intensive commercial zones, payment of in-lieu fees for parking reductions, parking -e-)Ck(61 drive widths, and definitions for bed and breakfasts. 1. Public hearing f Action: e(©S,..P,.L`( 2. Consider an Ordinance (First Consideration){ Action: S. _ i . - • 1 i >1 e January 22, 2019 Iowa City City Council Agenda Page 8 11 .d. Tegler Second Subdivision — Preliminary Plat Resolution approving the preliminary plat of Tegler !et -�5 Second Subdivision, Iowa City, Iowa. (SUB18-00016) Comment: At its January 3rd meeting by a vote of 6-0 (Martin absent), the Planning and Zoning Commission recommended approval of the preliminary plat. Approval will allow the development of Tegler Second Subdivision, a 7.41-acre, 2-lot residential subdivision with an outlot identified for future development located at 4643 Herbert Hoover Highway. The 2-lot subdivision will allow for the development of two multi-family -04 buildings. Action: I 11 o rnctS / S a-Q )-1 7/0 11 .e. American Legion Road County Rezoning Letter to the Johnson County Planning and Zoning Commission withdrawing opposition of a rezoning from County Agricultural (A) to County Residential (R) for approximately 11 .34 acres of property located in Johnson County south of American Legion Road and west of Wapsi Avenue SE in Fringe Area B - Outside the Growth Area. (CZ18-00002) LJee/ Comment: At its October 18th meeting, by a vote of 6-0 (Baker absent), the Planning and Zoning Commission recommended that the proposed zoning � not be approved. Staff recognized that the rezoning is consistent with Johnson County's Future Land Use Map and Comprehensive Plan, but is not consistent with the Fringe Area Agreement, which is part of the City's Comprehensive Plan. The Planning and Zoning Commission also recommended that City and County staff work together to update the Fringe Area Agreement. On November 6, the City Council recommended against this rezoning. The Johnson County Board of Supervisors reviewed the rezoning application and due to the potential conflict arising from its action, requested a consult. On January 11 the Johnson County/Iowa City fringe area conflict resolution review committee met and recommended approving the rezoning recognizing that an update to the fringe area agreement is planned. env �e�-� �nIP VCfi hp U January 22, 2019 Iowa City City Council Agenda Page 9 Regular Formal Agenda 12. 2018 Building Code Update Ordinance amending Title 17, Chapter 1 , Building Code, by adopting the International Building Code, 2018 edition, including Appendix K, and the International Residential Code, 2018 edition, including Appendix F and Appendix J, and providing for certain amendments thereof; adopting section 103.6(1 )(a) of the Code of Iowa (the state electrical code) and section 105.4(1 )(a) of the Code of Iowa (the state plumbing and mechanical codes); to provide for the protection of the health, welfare and safety of the residents of Iowa City, Iowa. Y7 `4- Comment: The City regulates ulates the construction, alteration, relocation, enlargement, 9 replacement, repair, equipment, use and occupancy of residential and commercial structures through the adoption of building codes. This is accomplished, in part, through the adoption of the International Code Council's model I-Codes which are published on a three-year cycle. The proposed ordinance includes the most recent edition of the model codes along with local amendments. The Board of Appeals, at their public meeting on December 20, 2018, voted to recommend approval of the ordinance as proposed. The adoption of the proposed code is supported by the Greater Iowa City Area Homebuilders' Association (HBA). 1. Public hearing Action: ( (/ p S�2 2. Consider an Ordinance (First Consideration) -re"1Gni Aeon: r'y 1.nits hev ) 7/n. January 22, 2019 Iowa City City Council Agenda Page 10 13. 2018 Fire Code Update Ordinance amending Title 7, Chapter 1 , Fire Prevention and Protection, by adopting the 2018 edition of the International Fire Code to regulate and govern the safeguarding of life and property from fire, explosion, life safety risks, or health hazards. Comment: Staff is recommending adoption of the 2018 edition of International Fire Code (IFC) along with local amendments. The Board of Appeals voted to e. recommend adoption at its Dec. 20 meeting. The notable changes are set forth in the attached memo from the Fire Marshal. 1. Public hearing Action: 5 ,- 2. Consider an Ordinance (First Consideration) Action: i i i rYl S /SAX i`i -1/4 14. American Legion Road Improvements Resolution authorizing the acquisition of property interests 1 - necessary for construction of the American Legion Road Improvements Project. Comment: The City of Iowa City must acquire right-of-way, fee title, permanent easements and/or temporary construction easement to construct the American Legion Road Improvements Project. This project generally includes the reconstruction of American Legion Road from Scott Boulevard to Taft Avenue. 1. Public hearing Action: 2. Consider a Resolution - r .,,,ortot Ste'; h i e 7/u January 22, 2019 Iowa City City Council Agenda Page 11 15. Agreement with The Housing Fellowship for the Del Ray Ridge Project Resolution authorizing the Mayor to execute an Agreement q with The Housing Fellowship for $150,000 for the Del Ray Ridge, L.P. Low Income Housing Tax Credit project. Comment: A resolution was passed in October 2017 committing $330,000 in City funds to the Del Ray Ridge, L.P. project to construct 33 units of residential housing at 628 S. Dubuque Street. The project was awarded Low Income Housing Tax � Credits through the Iowa Finance Authority. The Housing Fellowship serves as the l� project's General Partner. Due to unanticipated costs to relocate an existing sanitary sewer main, The Housing Fellowship requests additional funding. Ode Aeon: I (x 1 l 0r ) c i h 7/0 - J 16. Assessment Schedule 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 §364.13B 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 homeowners to abate the nuisance (for example, to remove snow from the sidewalk) and after the homeowner 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 homeowner 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. Acton: -Ili rykas ) 0 January 22, 2019 Iowa City City Council Agenda Page 12 17. Council Appointments Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated p , 17.a. Board of Adjustment Board of Adjustment - One vacancy to fill an unexpired term, Upon �yL"1 ' appointment - December 31, 2021. (Bryce Parker resigned) tAi, 1 Acton: i2 p p v t Ze�k -110 If/0 18. Announcement of Vacancies - New I Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after the initial announcement; but will continue to advertise vacancies on the City website and Council agenda. More information may be found on the City website or in the City Clerk's office. Housing & Community Development Commission - One vacancy to fill an unexpired plus three-year term. Upon appointment - June 30, 2022. (Bob Lamkins resigned, term expires) Correspondence included in Council packet. Applications must be received by 5:00 P.M., Tuesday, March 5, 2019. 19. Announcement of Vacancies - Previous Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after the initial announcement; but will continue to advertise vacancies on the City website and Council agenda. More information may be found on the City website or in the City Clerk's office. Board of Adjustment - One vacancy to fill an unexpired term, Upon appointment - December 31, 2020. (Tim Weitzel resigned) Applicafions must be received by 5:00 P.M.,Tuesday,February 12,2019. Civil Service Commission - One vacancy to fill an unexpired, Upon appointment - April 4, 2022. (Emily Bushman removed) Applications must be received by 5:00 P.M.,Tuesday,January 29,2019. Airport Zoning Board of Adjustment - One vacancy to fill a five-year term, January 1, 2016 - December 31, 2020. (Formerly advertised) Airport Zoning Board of Adjustment - One vacancy to fill a five-year term, January 1, 2019 - December 31, 2023. (New full term) January 22, 2019 Iowa City City Council Agenda Page 13 Historic Preservation Commission (E. College St) - One vacancy to fill a three-year term, July 1, 2018 - June 30, 2021. (Term expired for Esther Baker) Historic Preservation Commission (Jefferson St) - One vacancy to fill a three-year term, July 1, 2016 - June 30, 2019. (New District formed) Vacancies will remain open until filled. 20. Community Comment 21 . City Council Information 22. Report on Items from City Staff a. City Manager - _ f> u i r L— b. City Attorney c. City Clerk 23. Adjourn elf i yy s q , scrn January 22, 2019 Iowa City City Council Agenda Page 14