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Home My WebLink About2019-12-03 AgendaSubject 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-fruehiinq(a�iowa- city.or . Eariy requests are strongly encouraged to allow sufficient time to meet your access needs. F-rki n R1�qhtS� Iowa C' Lt-rSCM- - L6 fV�onrOG f enl<GLi �i Cl` LL) City Council Agenda r f b r� Regular Formal =_-°6 l^ ai i ► ember 3, 2019 - 7:00 PM =a - City Hall - Harvat Hall C= '•) CITY OF IOWA CITY 410 E. Washington StreetW' Cgov.of g SoverS Si WWW.icgov.org Call to Order 2. Proclamations 2.a. Human Rights Day - A,-�Jreo- Co6n--v -Ice Cou.l-er- o-cceo✓lam Beginning of Consent Calendar (items 3-7) J Consider adoption of the Consent Calendar as presented or amended 3. Approval of Council Actions (subject to corrections, as recommended by the City Clerk) 3.a. Work Session Minutes: November 19 3.b. Regular Formal Summary of Minutes: November 19 4. Receive and File Minutes of Boards and Commissions 4.a. Board of Adiustment: October 9 4.b. City Council Rules Committee: November 19 4.c. Human Rights Commission: October 15 4.d. Library Board of Trustees: October 24 4.e. Parks & Recreation Commission: October 9 5. Permit Motions and Resolutions (as recommended by the City Clerk) 5.a. Liquor License - Renewals 1. Class B Native Wine Permit for Dykstra Nursery Corporation, dba Iowa City Landscaping & Garden Center, 520 Hwy 1 West December 3, 2019 Iowa City City Council Agenda Page 1 2. Class C Liquor License for The High Ground Cafe L.L.C., dba High Ground Cafe, 301 E. Market St. 3. Outdoor Service Area for The High Ground Cafe L.L.C., dba High Ground Cafe, 301 E. Market St. 6. Resolutions and Motions 6.a. Resolution Naming Depositories Resolution Naming Depositories. Comment Bancorp and Alpine Bank are being added to the list of depositories. 6.b. Chautauqua Heights, Block 6 - accepting easement dedications Resolution accepting the dedication of sanitary and storm sewer easements from the Iowa City Community School District over and across portions of Chautauqua Heights, Block 6, Iowa City, Iowa. Comment During the course of reviewing construction plans for the Lincoln Elementary School Renovation and Addition project it became apparent that a sanitary seeder and storm sewer easement were necessary to memorialize the existing sewer locations and a realigned storm sewer. This resolution approves the dedication of such easements. S��.c. Personnel Policies Update - November 2019 e� Resolution rescinding Resolution No. 17-198 and adopting a4yprD updated Personnel Policies. 1ct Comment The Cltys Personnel Polices have recently been reviewed and updated to incorporate best practices and legislative updates, to streamline policy documents by incorporating other existing standalone policies, and to better communicate organizational expectations. The City Code requires that Personnel Policies be I ljojG established by resolution of the City Council. [Deferred from 11/19/191 U , t1AG' 6.d. DOT Drug and Alcohol Police 519), M'' ) Resolution rescinding Resolution No. 19-232 and adopting an „Yy,� YA0 l/t updated DOT Drug and Alcohol Policy. Comment The City of lova Citys DOT Drug and Alcohol Policy has been updated to include new Federal Motor Carrier Safety Administration Clearinghouse requirements. December 3, 2019 Iowa City City Council Agenda Page 2 I 6.f 1q-zgZ 6.g. UI Fire Protection Agreement Resolution approving Supplement #3 to the Fire Protection Agreement between the City of Iowa City and the State Board of Regents to amend the 1957 Agreement to require annual inspections of UI properties within City limits, instead of semi- annual inspections of all UI properties in Johnson County. Comment: ICFD and UI fire protection staff support reform in the frequency of fire safety inspection to create greater efficiency and accurately reflect evolution in UI fire protection standards. University of Iowa buildings are exponentially safer now as compared with the agreement's inception in 1957 due to enhancements in codes, as well as the use of state-of-the-art fire detection and suppression technologies. Energy Innovation and Carbon Dividend Act of 2019 Resolution urging the United States Congress to enact the Energy Innovation and Carbon Dividend Act of 2019. Comment In 2017, the Iowa City City Council passed resolution 17-360, urging the U.S. Congress to pass a bipartisan bill for Revenue Neutral Carbon Fee and Dividend Program. The bill did not pass at that time, but has been reintroduced as the Energy Innovation and Carbon Dividend Act, H.R. 763. Passage of this national bill will support Iowa Citys new carbon emission reduction goals, lead to reduction in carbon emissions at a local level, and equitably distributes collected dividends to all residents, ensuring a more sustainable Iowa City. Climate Action Commission By -Laws Resolution Approving the By -Laws of the Climate Action Commission. Comment This resolution approves the byaaws of the Climate Action Commission. The duties and composition of the Commission, which are contained in the by-laws, were established by Council in the resolution creating the Commission. The Council Rules Committee and the Commission have both approved the proposed by-laws. 6.h. Community Police Review Board By -Laws Resolution approving the By-laws of the Community Police Review Board and rescinding resolution 17-93. Comment This resolution is to approve amended by-laws to include the name of the council member appointment by the City Council to serve as the liaison to the Board during member orientation (Article III, Section 3 ) and to correct the expiration date for member terms to June 30 (Article III, Section 6). December 3, 2019 Iowa City City Council Agenda Page 3 )q-'ZgS 6.i. Agreement with ICCSD for Mercer Park Field #1 Resolution authorizing the City Manager to sign an agreement between the City and the Iowa City Community School District for the use and maintenance of Field #1 at Mercer Park. Comment City High School has used Field #1 at Mercer Park as its baseball field for many years. Under the agreement, the District has exclusive use of the field for 5 years in exchange for District paying an annual fee of $1,000 and providing maintenance. 6.j. Housing and Urban Development (HUD) Mainstream Voucher I c - Program Resolution amending the budgeted positions in the Neighborhood Services Division of the Neighborhood and Development Service Department by adding one .63 FTE Housing Program Assistant position. • UIF 1 •IRWSIRTTRAMMA to assist non-elderty persons with disabilities current� experiencing homelessness, housng or . • • rehousing ppiect or • - at disk of experienang homelessness. Additional staff is required to pr ocess and manage these vouchers. 6.k. Accepting Outlot for New Parkin Peninsula Resolution accepting the dedication of Outlot G, Peninsula Neighborhood, Second Addition as public open space. Comment In connection with the Peninsula Neighborhood, Second Addition, the owner agreed to dedicate Outlot G within said subdivision to the City as public open space. The Parks & Rec. Dept. and Public Works Dept. have inspected the property and determined it is suitable for dedication at this time and recommends the City Council waive the contingency for all the plantings required by the OPDH because the current plantings are sufficient and appropriate for the space. 6.1. Naming New Paris in Peninsula "Emma Harvat Square Park" Resolution naming the proposed park defined as Outlot G in Peninsula Neighborhood, Second Addition as "Emma Harvat Square Parr." Comment In the previous item, Council accepted the dedication of Outlot G in the Peninsula. City policy requires the naming of parks to be approved by City Council and an adhoc committee comprised of staff and the Parks & Rec. Commission. This resolution names the park "Emma Harvat Square Park," in honor of the City's first female mayor. December 3, 2019 Iowa City City Council Agenda Page 4 6.m. Emma Harvat Square Park Maintenance Agreement Resolution approving an agreement with the Peninsula Neighborhood Homeowners Association, Inc. regarding use and maintenance of Emma Harvat Square Park. Comment In the previous items, the City Council accepted Outlot G, an area of land in the peninsula neighborhood bordered by Willenbrock Circle, Martin Street, Walker Cirde, and Foster Road, as open space and named it Emma Harvat Square Park. The Peninsula Neighborhood Homeowners Association, Inc. has maintained Outlot G as a public open space for the neighborhood for over ten years and wishes to continue to provide some maintenance which is acceptable to City staff. This resolution approves the attached maintenance agreement 6.n. Riverfront Crossings Park, Phase 1 Resolution accepting the work for the Riverfront Crossings Park, Phase 1 Project. Comment The project has been completed by Peterson Contractors of Reinbeck, Iowa, in substantial accordance with the plans and specifications. The Engineers Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost $ 2,760,000.00 • Project Bid Received: $ 2,988,693.14 • Project Actual Cost: $ 2,791,946.96 6.o. Stonebridge Estates - Part 10 Resolution accepting the work for the storm sewer, sanitary sewer, water main, and paving public improvements for Stone Bridge Estates — Part 10, and declaring public improvements open for public access and use. Comment This item will accept the public improvements for Stone Bridge Estates—Parr 10. This subdivision is generally located west of Taft Avenue between Lower West Branch Road and Court Street December 3, 2019 Iowa City City Council Agenda Page 5 6.p. Methane Feasibility Study t - Resolution approving, authorizing, and directing the Mayor to execute and the City Cleric to attest an Agreement by and between the City of Iowa City and HDR Engineering, Inc., Omaha, Nebraska to provide engineering consultant services for the Methane Feasibility Study Project. Comment This agreement audior zes HDR Engineering, Inc. to provide professional engineering services in preparation of a Methane Feasibility Study for the Iowa City Landfill and Recycling Center and Wastewater Treatment Plant. The total cost of the services is $124,600 and will be funded by the Wastewater Operations, Account # 72720122, and the Landfill Operations — Other Professional Services, Account # 75750121. 6.q. Renaming B'iaysville Lane to Foster Road Resolution changing the name of B'jaysville Lane to Foster Road. Comment There are City street signs that currently identify the street east of the intersection of Dubuque Street and Foster Road as B'jaysville Lane. The street was extended through the Foster Road right-of-way to Praide du Chien Road. Staff recommends that the entire street between Dubuque Street and Prairie du Chien Road be named Foster Road in order to not create confusion as to where B'jaysville ends and Foster Road begins. 7. Correspondence 7.a. Abbe Fyfe: Street Lights on Rider St. [Staff Response Included] 7.b. Blom Swenson: Non -accessible stop - ADA Violation [Staff Response Included) 7.c. Russell Haught: Olde Towne Village 7.d. Johnson County Affordable Housing Coalition: Petition - Iowa Manufactured Housing Residents/ Bill of Rights 7.e. Carol deProsse: Senators Press Amazon for Answers for Rinds Sloppy Security Practices 71 Ben Sonnega: Join Mayors for Solar Energy 7.g. Donald Baxter. Issues 7.h. Missie Forbes: Non-profitfunding Ti. Ann Drop: Houses to Homes 7.j. Deer Management Maya Dasmalchi, Joe Henderson, Gina Martin [Staff responseincluded], Davide Vigliottj 7.k. Competitive Quotation Memo End of Consent Calendar �,,� Actionv (P.L �or �-i ►'tom Se�Jc��a Ee c o, ,s d e�-a-E i d� a of of e f e ✓�o� ; dem S December 3, 2019 Iowa City City Council Agenda r YVIS I " r t Page 6 RC- -�a.a�._ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319)356-5000 (319) 356-5009 FAX www.lcgov.org City Council Agenda — December 3, 2019 Information submitted between distribution of packet on Thursday and close of business on Monday. Late Add!tion(s): Item 7 Correspondence: Item 7.1 Paul Wittau (x2): Sidewalk Snow Removal Policv and other Code Enforcement Issues Regular Agenda Item 17.a. Announcement of Vacancies - New: Parks & Recreation Commission - One vacancy to fill an unexpired term. Upon appointment - December 31, 2020. (Suzanne Bentler resigned) Applications must be received by 5:00 P.M., Tuesday, January 14, 2020. Late Handout(s): Consent Calendar Item 7 Correspondence: Item 7.e Carol deProsse: Senators Press Amazon for Answers for Ring's Sloppy Security Practioes (x2) Amazon's Ring Planned Neighborhood "Watch Lists" Built on Facial Recognition Regular Agenda Item 11. Repeal Rental Permit Moratorium - See correspondence from Kent & Kay Ackerson, Susan Shullaw, Jackie Biger, Matthew Lage, Diana Harris & John Brandon Information Packet- 11/21 Item IP6 - Board of Adjustment Minutes - November 13 Aco-e A -qz-yy-� A-,Yo(rec- ake-� 04a--e— SPe� ) —Tlnorno�S ) SO4i k, 7/D 8. 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. 9. 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 dose of the public hearing. 9.a. Rezoning S. Gilbert St and Highland Ave Ordinance conditionally rezoning approArnately 1. 15 acres of land located at the northeast comer of S. Gilbert Street and Highland Ave, from Intensive Commercial (CI -1) zone to Riverfiont Crossings - South Gilbert (RFC -SG) zone. (REZ19-11) Comment At its meeting on November 7, 2019 the Planning and zoning Commission recommended approval of the rezoning by a vote of 7-0 abject to the following conditions: dosing all access points along S. Gilbert St, reducing the number of access points along Highland Ave. to one, and the dedication of additional right- of-way to the City. 1. Public Hearing Action 01� ose 4 2. Consider an ordinance (First C rissideration) Adm. AdYVI i rnS I .�n Q; h _ 7/C December 3, 2019 Iowa City City Council Agenda Page 7 �! �' •� �� -irl��ir '�.ire OWNI M.1. OOT- . o Pi Ordinance rezoning appro)amately 42.01 acres of land located south of Lehman Avenue and east of Soccer Park Road from Interim Development Mufti -Family (ID -RM) and Rural Residential (RR -1) to Low Density Multi -Family (RM -12). (RFZ19-12) Comment At the Planning and Zoning Commission's November 7 meeting, the motion to 1- v approve this rezoning failed by a vote of 2-5 (Signs and Townsend in the affirmative). ytt Applicant is requesting indefinite deferral. Correspondence included in Council packet. aS ) 1. Public Hearing 1� 1-''' Action: 1 2. Consider an Ordhanoe (First Consideration) Action: I _ cCej'3+ correS eric 0I l SocQi h / Cb [e , -7/O . 9.c. Zoning code amendment related to utif -scale, ground -mounted solar energy systems Ordinance amending Title 14, Zoning related to utility -scale, ground -mounted solar energy systems. (ZCA19-05) Comment: At its November 7 meeting, by a vote of 7-0 the Planning and Zoning Commission reoommer d approval. The amendment will allow utility -scale, ground - mounted solar energy systems as a provisional use in Interim Development Industrial (113-1), General Industrial (1-1), Heavy Industrial (1-2), Neighborhood Public (P-1), and Institutional Public (P-2) zones, and via special exception in all Commercial zones as well as Interim Development Research Park (ID -RP), Research Development Park (RDP), and Office Research Park (ORP) zones. 1. Public Hearing Action: CIOSvo 2. Consider an Ordinance (First Consideration) IN rvkS December 3, 2019 Iowa City City Council Agenda Page 8 9.d. Zoninq code amendment related to the Riverfront Crossings 161 - 4 � 13 affordable housing requirements Ordinance amending Title 14, Zoning Code of the Iowa City code related to the Riverrront Crossings affordable housing requirements. (ZCA19-02) (Second Consideration) Comment At its meeting on October 17 by a vote of 6-1 (Townsend in the negative), the Planning and Zoning Commission recommended approval of this amendment Mich would allow units that receive Low Income Housing Tax Credits from the Iowa Finance Authority to qualify as affordable housing and sets a cap on iron-eetrement assets for qualifying households. Staff requests expedited action. t,uc e 2h Mi vvts QhTT — (Yl ri is L�O� � S -7/0ActioGT 9.e. Zoning code amendment related to sinole-familv site development standards Ordinance amending Title 14, Zoning of the Iowa City code related to single-family site development standards. (ZCA19-04) (Second Consideration) Comment At its meeting on October 17 by a vote of 43 (Martin, Baker, and Signs in the negative), the Planning and Zoning Commission reoommwKW approval of this amendment, which would require a &foot separation distance between conforming parking spaces areas and additional paving within the required setback area. This would apply to detached -single family homes and duplexes. Action: (Y I Yyl.<:� / i n c h / Ip Si Regular Formal Agenda 10. Rental Permit -Radon Testing Ordinance amending Title 17, entitled 'Building and Housing," Chapter 5, S-P,jz-� entitled "Housing Code," to require radon testing and mitigation in single- -e �-�w family and duplex rental units. (Second Consideration) Comment The proposed ordinance requires that all residential single family detached structures and duplexes are tested for radon prior to rental permit issuance or renewal. If the unit equals or exceeds 4 pCVL, then a radon mitigation system must be installed and tested to ensure radon levels do not exceed this threshold. Radon levels must be tested at least every eight years to maintain a valid rental permit. Ate,:r1 fv�s SCL; SAT December 3, 2019 Iowa City City Council Agenda Page 9 11. Repeal Rental Permit Moratorium Ordinance repealing Ordinance No. 19-4793, a temporary moratorium on -ce�Pt'new rental permits for single-family and duplex units. (First Consideration) �� +b o-mment Following a law passed last spring prohibiting the City from having a rental permit �Si Co �SJ,e(acap, Council passed an ordinance issuing a temporary moratorium on new rental permits for �e single-family and duplex units in certain neighborhoods to allow staff time to explore aftemative IT strategies tc mitigate the impact of rental housing on such areas as neighborhood stability and M` affordable housing. The moratorium automatically sunsets on March 1, 2020, and with the / passage of ft ordinances on radon testing and single-family site development standards, the 1y41-1 moratorium should be repealed prior to its sunset. �e Saki h Action: OtcceepA cis -nJe r)c� . — Cote-lS�aQt, k ccke "(6 12. Scott Boulevard Trunk Sanitary Sewer Extension Ips t (o - Resolution authorizing the acquisition of property interests necessary for JGWI-11) construction of the Scott Boulevard Trunk Sanitary Sewer Extension Project. ^-2-cl I Comment The City of Iowa City must acquire permanent and temporary const uctim easements for the Scott Boulevard Trunk Sanitary Sewer Extension Project. The project generally includes the extension of a 24 -inch sanitary sewer from the Iowa Interstate Railroad northward along the North Branch of Snyder Creek to American Legion Road. 1. Public Hearing -e 2. Considera Resolution Action: I% rn'�1 & I December 3, 2019 Iowa City City Council Agenda Page 10 13. Prentiss Street Replacement Bridge Resolution approving project manual and estimate of cost for the construction of the Prentiss Street Bridge Replacement Project (BROS- 3715(663)-W-52), establishing amount of bid security to accompany each bid, directing City Cleric to post notice to bidders, and fixing time and place for receipt of bids. Comment This project includes the replacement of the Prentiss Street Bridge over Ralston Creek, roadway improvements on Prentiss Street from the bridge to Dubuque Street and improvements on Linn Street from Prentiss Street to 200' north, storm sewer and water main replacement, and installation of ADA sidewalk ramps. The estimated project construction cost is $1,231,621.00 and will be funded with IDOT City Bridge funds, Road Use tax proceeds and General Obligation bonds. 1. Public Hearing 2. Consider a Resolution srv, 14. Amendment to Foster Road Development Agreement Resolution approving First Amendment to Agreement for Private Redevelopment between the City of Iowa City, Iowa, Foster Road Developers, L.L.C., Vintage Cooperative of Iowa City and Ewing Land G�e,Z Development & Services, L.L.C. G�- �� Comment Foster Road Developers have indicated they are not able to oomplete a section of sidewalk w a portion of the south side of Foster Road by December 31, 2019, the original deadline for completion of all minimum improvemerds required in the Development Agreement This Amendment will extend the deadline for oomplebw of that section of sidewalk to May 31, 2022. Amon V i n 1S / l T10 0 PT December 3, 2019 Iowa City City Council Agenda Page 11 15. Resolution establishing the City of Iowa City's 2020 State of Iowa legislative priorities Resolution establishing the City of Iowa City's 2020 Legislative Priorities. Comment The City Council traditionally adopts legislative priorities and communicates the City's positions on those issues to our elected delegation. 2020 priorities include support for legislation addressing climate change, State protections for residents living in manufactured housing, supporting the University of Iowa Student Govemmenfs rental move -in cheddist proposal, as well as our big standing positions on protecting property tax baddill payments, protecting local home rule authority, and supporting education funding. Action: M( >y,-�C T 1�) Pr 16. Council Appointments Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated 5� 16.a. Historic Preservation Commission (At -Large) - One vacancy to fill an unexpired term. Upon appointment - June 30, 2020. (G.T. Karr resigned) Action: 4f�1 K -t AUS+ n WtL� 17. 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 websfte or in the City Clerk's office. Senior Center Commission - One vacancy to fill an unexpired term. Upon appointment - December 31, 2020. (Cheryl) Clamon resigned) Applications must be received by 5:00 P.M., Tuesday, December 10, 2019. December 3, 2019 Iowa City City Council Agenda Page 12 Airport Zoning Board of Adjustment - One vacancy to fill a five- year term, January 1, 2016 - December 31, 2020. (Formerly advertised) Board of Adjustment -One vacancy to fill a five-year term, January 1, 2020 - December 31, 2024. (Term expires for Constance Goeb) Historic Preservation Commission (E. College SO - One vacancy to fill a three-year term, July 1, 2018 - June 30, 2021. (Term expired for Esther Baker) Historic Preservation Commission (Woodlawn) - One vacancy to fill an unexpired term. Effective upon appointment - June 30, 2021. (Lee Shope resigned) Senior Center Commission - Two vacancies to fill a three-year term, January 1, 2020 - December 31, 2022. (Term expires for Kenneth Bowen, Hiram Webber) Vacancies will remain open until filled. 18. Community Comment 19. City Council Information — S_e,� e (, 20. Report on Items from City Staff a. City Manager — .S.-e-ey_-b-ck_ b. City Attorney_ c. City Clerk 21. Adjourn fn', cow, �Jp. q qq pr --- December 3, 2019 Iowa City City Council Agenda Page 13 not swi • rwr®�v� CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319)356-5009 FAX www.)cgov.org City Council Agenda — December 3, 2019 Information submitted between distribution of packet on Thursday and close of business on Monday. Late Addition(s): Consent Calendar Item 7 Correspondence: Item 7.1 Paul Wittau (x2): Sidewalk Snow Removal Policy and other Code Item 17.a. Announcement of Vacancies - New: \ Parks & Recreation Commission - One vacancy to fill an unexpired to Upon appointment - December 31, 2020. (Suzanne Bentler resigned) Late Handout(s): Consent Calendar Item 7 Correspondence: Item 7.e Carol deProsse: Senators Press Amazon for Answers for Ring's Sloppy Security Practices (x2) Amazon's Ring Planned Neighborhood "Watch Lists" Built on Facial Recognition Regular Agenda Item 11. Repeal Rental Permit Moratorium - See correspondence from Kent & Kay Ackerson, Susan Shullaw, Jackie Biger, Matthew Lage, Diana Harris & John Brandon Information Packet - 11/21 Item IP6 - Board of Adjustment Minutes - November 13