HomeMy WebLinkAbout2017-02-07 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 Agendatisim
R `^ppm Regular Formal
R,. q,, February 7, 2017 - 7:00 p.m.
City Hall — Harvat Hall
o'er 410 E. Washington Street
www.icgov.org
ITEM 1. CALL TO ORDER
ITEM 1a Roll Call
ITEM 2 STUDENT LEADERSHIP AWARDS
ITEM 2a Regina Elementary
• Tanner Knight
• Jillian Panther
• Lily Santillan
ITEM 3. PROCLAMATION
ITEM 3a Conversion Therapy vv
ITEM 3b Black History Month - February
.-7..o,�•4'l
CITY or IOWA CITY
ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED
ITEM 4a. Approval of Council Actions, subject to corrections, as recommended by
the City Clerk:
ITEM 4a(1) Work Session, (Budget) January 7
ITEM 4a(2) Work Session (CIP), January 10
ITEM 4a(3) January 17, Work Session
ITEM 4a(4) January 17, Regular Formal Official & Complete
ITEM 4b. Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action).
ITEM 4b(1) Airport Commission: November 17
ITEM 4b(2) Board of Adjustment: 9/14 Transcription; 9/21 Transcription; 9/30
ITEM 4c. Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal
ITEM 4c(1) Special Class C Liquor License for Oyama Sushi Chen's, Inc., dba
Oyama Sushi, 1853 Lower Muscatine Rd.
Transcription; December 14: Minutes
ITEM 4b(3)
Housing and Community Development Commission: December 15
ITEM 4b(4)
Human Rights Commission: December 20
ITEM 4b(5)
Library Board of Trustees: December 15
ITEM 4b(6)
Parks & Recreation Commission: December 14
ITEM 4b(7)
Planning and Zoning Commission: December 15
ITEM 4b(8)
Senior Center Commission: December 8
ITEM 4b(9)
Telecommunications Commission: December 12
ITEM 4c. Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal
ITEM 4c(1) Special Class C Liquor License for Oyama Sushi Chen's, Inc., dba
Oyama Sushi, 1853 Lower Muscatine Rd.
February 7, 2017
City of Iowa City Page 2
ITEM 4c(2)
Class C Liquor License for Devotay, Inc., dba Devotay, 117 N. Linn St.
ITEM 4c(3)
Class C Beer Permit for Maria Gonzalez dba Acapulco Mexican Bakery
#2, 1937 Keokuk St.
ITEM 4c(4)
Class B Liquor License for RBD Iowa City LLC., dba Sheraton Iowa City,
210 S. Dubuque St.
ITEM 4c(5)
Resolution to issue Dancing Permit to RBD Iowa City LLC., dba Sheraton
7- JO
Iowa City, 210 S. Dubuque St.
ITEM 4c(6)
Outdoor Service Area for RBD Iowa City LLC., dba Sheraton Iowa City,
210 S. Dubuque St.
ITEM 4c(7)
Class C Liquor License for Fujiama Inc., dba Fujiyama Inc., 531 Highway
1 West
ITEM 4c(8)
Class C Liquor License for Etre Givanni Restaurant LLC., dba EI Patron,
109 E. College St.
New
ITEM 4c(9)
Class C Liquor License for Jobsite IC LLC., dba Jobsite, 928 Maiden Ln
ITEM 4d. Resolutions and Motions:
ITEM4d(1) 2016 LANDFILL GAS COLLECTION SYSTEM EXPANSION -
RESOLUTION ACCEPTING THE WORK FOR THE 2016 LANDFILL
GAS COLLECTION SYSTEM EXPANSION PROJECT.
ITEM 4d(2)
1-7-3-31,
Comment: The project has been completed by Joe Coleman & Son
Environmental Services of Pana, Illinois, in substantial accordance with
the plans and specifications. The Engineer's Report and Performance
and Payment bonds are on file with the City Clerk.
Project Estimated Cost: $ 1,085,000.00
S• Project Bid Received: $ 936,823.25
Project Actual Cost: $ 1,001,741.72
WILD PRAIRIE ESTATES - PART SIX - RESOLUTION ACCEPTING
THE WORK FOR THE WATER MAIN PAVING AND EROSION
CONTROL PUBLIC IMPROVEMENTS FOR WILD PRAIRIE ESTATES -
PART SIX, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR
PUBLIC ACCESS AND USE.
Comment: See Engineer's Report.
February 7, 2017
ITEM 4d(3)
ITEM 4d(4)
1-7-3q
City of Iowa City Page 3
FEES AND CHARGES FOR PARKS AND RECREATION -
RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND
CHARGES FOR PARKS AND RECREATION SERVICES
PROGRAMMING AND RESCINDING AND REPEALING RESOLUTION
NUMBER 15-389 PREVIOUSLY ESTABLISHING SAID FEES AND
CHARGES.
Comment: The Parks and Recreation Commission and staff review fees
and charges annually and increases are considered in order to help
support the Recreation Division's budget. The Parks and Recreation
Commission reviewed and adopted tentative increases for FY18 and is
recommending for adoption at this time. Some of the FY18 changes may
be implemented in FY17 because the summer season begins in FY17
and continues into FY18. The Parks and Recreation Commission
reviewed and adopted the proposed changes at their meeting of
December 14, 2016.
ISSUANCE REVENUE REFUNDING BONDS (ACT, INC. PROJECT) -
RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE
OF NOT TO EXCEED $30,000,000 AGGREGATE PRINCIPAL
AMOUNT OF REVENUE REFUNDING BONDS (ACT, INC. PROJECT),
SERIES 2017A, OF THE CITY OF IOWA CITY, IOWA; THE
EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN
SAID CITY AND ACT, INC. PROVIDING FOR THE REPAYMENT OF
THE LOAN OF THE PROCEEDS OF SAID BONDS AND THE
SECURING OF SAID REPAYMENT OBLIGATION; AND RELATED
MATTERS.
Comment: ACT Incorporated has asked the City to sponsor a $30 million
conduit bond issue. ACT will use the proceeds from the new bond issue
to refinance their 2001 conduit bond issue. This conduit transaction is
not an obligation of the City and it will not impact City finances. See
memo in Council packet.
ITEM 4d(5) ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP) -
RESOLUTION ADOPTING THE IOWA CITY HOUSING AUTHORITY'S
ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP).
7-35
Comment: The purpose of the ACOP is to define the Iowa City Housing
Authority's policies for the operation of the Public Housing Program,
incorporating Federal, State and local law. The federal Department of
Housing and Urban Development (HUD) has mandated the following
changes to Public Housing Administrative policies: 1) Smoke-free policy,
2) Annual Income Exclusions, 3) Verification of Social Security Numbers,
4) Rent for Families under the Noncitizen Rule, 5) Definition of Extremely
Low -Income Families. Even though these changes are mandatory, they
constitute a significant amendment to ACOP; and require the approval of
City Council. Copies of ACOP are available in the Iowa City Housing
Authority offices for review.
February 7, 2017 City of Iowa City Page 4
ITEM 4d(6) HUNTERS RUN SUBDIVISION, PART FOUR - RESOLUTION
ACCEPTING THE DEDICATION OF A 2.97 ACRE PARKWAY IN
HUNTERS RUN SUBDIVISION, PART FOUR, IOWA CITY, JOHNSON
COUNTY, IOWA, AS PUBLIC OPEN SPACE.
Comment: Hunters Run Subdivision, Part Four was platted in 1988.
Pursuant to the subdivider's agreement entered into at that time between
the City and Hunters Run Development Co., the City agreed to accept
dedication of this "parkway' upon its satisfactory installation. This space
will be used for open space, stormwater management and drainage. Staff
has inspected this "parkway', finds that the stormwater detention facility
and drainageways have been satisfactorily installed, and thus
recommends acceptance of this dedication. A separate general release
of the obligation to install these improvements will be issued accordingly.
ITEM 4d(7) AUTHORIZING THE PROCUREMENT - RESOLUTION AUTHORIZING
THE PROCUREMENT OF FOUR (4) SEMI -AUTOMATED LABRIE
REFUSE BODIES TO BE USED BY THE REFUSE DIVISION.
0-37
Comment: This Resolution will approve the procurement of four (4) new
Labrie Expert 2000 semi -automated 24 cubic yard refuse bodies. The
National Joint Powers Alliance (NJPA) Cooperative Contract #112014 -LEG
will be utilized for the purchase of these refuse bodies. The total purchase
price is $572,050.40, which exceeds the $150,000.00 spending authority of
the City Manager, and so requires Council approval.
ITEM 4e. Setting Public Hearings:
ITEM 4e(1) CURB RAMP 2017 PROJECT — RESOLUTION SETTING A PUBLIC
HEARING ON FEBRUARY 21, 2017 ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
j 7_ CONSTRUCTION OF THE CURB RAMP 2017 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 annual project involves replacement of sidewalk and
curb to improve accessibility with new ADA compliant curb ramps at
various locations throughout Iowa City. The estimated cost for this
project is $125,956 and will be funded with General Obligation bond
proceeds.
February 7, 2017 City of Iowa City Page 5
ITEM 4e(2) IOWA AVENUE BRIDGE & EAST BOUND BURLINGTON STREET
BRIDGE OVER THE IOWA RIVER SCOUR REPAIR & MITIGATION —
RESOLUTION SETTING A PUBLIC HEARING ON FEBRUARY 21,
7 _3� 2017 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA
AVENUE BRIDGE & EAST BOUND BURLINGTON STREET BRIDGE
OVER THE IOWA RIVER SCOUR REPAIR & MITIGATION 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 scour damage repair to the piers of the
Iowa Avenue Bridge and the East Bound Burlington Street Bridge over
the Iowa River. The estimated project cost is $252,000 and will be
funded with Road Use Tax Proceeds.
ITEM 4e(3) FRAUENHOLTZ-MILLER PARK - RESOLUTION SETTING A PUBLIC
HEARING ON FEBRUARY 21, 2017 ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
-40 CONSTRUCTION OF THE FRAUENHOLTZ-MILLER PARK PROJECT
2016, 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 park is designed as a neighborhood park. It includes
a playground, drinking fountain, small shelter, walking paths and
landscaping. The northern portion of the park will continue to be an open
play field. The estimated cost for this project is $196,120 and will be
funded with $41,069.51 from the NE3 Open Space Fees and $155,050.49
from GO Bonds.
ITEM 4e(4) INTENT TO CONSIDER CONVEYANCE - RESOLUTION OF INTENT TO
CONSIDER THE PROPOSED CONVEYANCE TO ELLIS AVENUE,
L.L.C. OF A PORTION OF VACATED ALLEY RIGHT-OF-WAY
-7 'f 1 BETWEEN 320 AND 332 ELLIS AVENUE AND SETTING A PUBLIC
HEARING ON SAID PROPOSAL FOR FEBRUARY 21, 2017.
Comment: City Council is considering the vacation of an alley between
Ridgeland and Ellis Avenues, adjacent to 332 Ellis Ave., to allow an
increased number of occupants allowed in a fraternity. State law requires
that the City be paid fair market value for these property rights. The
Applicant has offered fair market value established thereby, as well as
certain relocation assistance for current tenants that will be displaced upon
conversion of this building to a fraternity.
February 7, 2017 City of Iowa City Page 6
ITEM 4e(5) AMPLIFIED SOUND IN OUTDOOR SERVICE AREAS - CONSIDER A
MOTION SETTING A PUBLIC HEARING FOR FEBRUARY 21 ON AN
ORDINANCE AMENDING TITLE 4, CHAPTER 3, OUTDOOR SERVICE
AREAS AND TITLE 14, ARTICLE 4D, TEMPORARY USES, TO ALLOW
LIMITED USE OF AMPLIFIED BACKGROUND MUSIC FOR EATING
AND DRINKING ESTABLISHMENTS IN THE RIVERFRONT
CROSSINGS SOUTH GILBERT AND WEST RIVERFRONT
SUBDISTRICTS.
Comment: At its January 19 meeting, by a vote of 7-0, the Planning and
Zoning Commission recommended approval of these zoning code
amendments. Approval will allow limited use of amplified background
music in outdoor service areas associated with eating and drinking
establishments in the Riverfront Crossings South Gilbert and West
Riverfront Subdistricts through seasonal temporary use permits.
ITEM 4e(6) SIGN REGULATIONS IN SOUTH GILBERT SUBDISTRICT OF RFC —
CONSIDER A MOTION SETTING A PUBLIC HEARING FOR
FEBRUARY 21 ON AN ORDINANCE AMENDING CITY CODE
SECTION 14 -2G -7F-9, SIGN REGULATIONS IN THE RIVERFRONT
CROSSINGS FORM -BASED CODE, TO CHANGE THE SIGN
ALLOWANCE FOR FASCIA SIGNS FOR COTTAGE INDUSTRIES AND
ASSOCIATED USES IN THE SOUTH GILBERT SUBDISTRICT OF
RIVERFRONT CROSSINGS.
Comment: At its January 19 meeting, by a vote of 7-0, the Planning and
Zoning Commission recommended approval of these zoning code
amendments. Approval will allow larger fascia signs (up to 15% of a sign
wall) for Cottage Industries and associated uses, such as Big Grove
Brewery, that are located in existing buildings with facades that do not
meet storefront frontage standards.
ITEM 4e(7) AMENDMENTS TO RIVERFRONT CROSSINGS FORM -BASED CODE
— CONSIDER A MOTION SETTING A PUBLIC HEARING FOR
FEBRUARY 21 ON AN ORDINANCE AMENDING CITY CODE
SECTION 14 -2G -3A TO ADDRESS BUILDING AND PARKING
PLACEMENT STANDARDS FOR PROPERTY AT THE CORNER OF
SOUTH GILBERT STREET AND HIGHWAY 6.
Comment: At its January 19 meeting, by a vote of 7-0, the Planning and
Zoning Commission recommended approval of these zoning code
amendments. For property at the corner of Highway 6 and South Gilbert
Street, these amendments will allow the building fagade that faces
Highway 6 to be aligned along a pedestrian way with one aisle of
perpendicular parking spaces located between the building and Highway
6 and allow the maximum building setback and minimum parking setback
-� in the form -based code to be adjusted accordingly.
a�
ITEM 0. Correspondence:
ITEM4f(1) James Robinson, Cara Hamann, Lindsay Alan Park: Municipal
Broadband S --�� no
ITEM 4f(2) Mary Lu Callahan: Please Address This Nuisance
ITEM 4f(3) R.J. Johnson: Ped Mall
I r
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319)356-5000
(319)356-5009 FAX
aaww iceov.org
LATE ADDITION:
Consent Calendar:
ITEM 4e(8) CONVEY BY QUIT CLAIM DEED - RESOLUTION SETTING PUBLIC
HEARING FOR FEBRUARY 21, 2017, ON A PROPOSAL TO CONVEY
/7-4a BY QUIT CLAIM DEED THE VACATED PORTION OF EAST 3RD
STREET WEST OF GILBERT STREET.
Comment: The attorneys representing the buyer and seller in the sale of
the "Pleasant Valley" property on S. Gilbert St. have requested that the City
issue a Quit Claim Deed for the portion of E. 3rd Street that was vacated in
the late 1880's by the then owners of the property. It is the opinion of the
City Attorney's Office that the City has no interest in this property as the
Iowa Supreme Court ruled in Conner v. Iowa City, 66 Iowa 419 (1885). A
Quit Claim Deed makes no warranty of title in the City, but rather to the
extent that the City has any interest, the City is releasing its interest. Sta
recommends approval. Seller will pay the publication and recording cosW.
LATE HANDOUTS:
Information submitted between distribution of packet on Thursday and close of business on
Monday.
Consent Calendar:
Correspondence
ITEM 4f(12) Incident in Ped Mall/flag burning: Clayton Sampsel
Reaular Anenda
ITEM 10 FOOD TRUCK VENDING — See additional correspondence
Information packet of 2/2:
Letter from Council Member Cole: Budget Request for Municipal Broadband Feasibility
Study
Letter from Council Member Cole: Proposed Modifications to Budget
February 7, 2017 City of Iowa City Page 7
ITEM 4f(4) Jennifer Borcherding: Immigration and Conversion Therapy [Previously
distributed under sanctuary city; now received as Conversion Therapy]
ITEM 4f(5) Doug Miller; Diane Thovson; Kevin Kummer; Linda Westphal; Dave
Siebert; Duane & Shelly Gates; Rebecca Entel; John Stiegelmeyer; John
Macatee; Gary Ellis; Lisa Heineman; Judy Stokesberry; Diane Platte;
Derrick Exner [Staff response included]; Six (6) Postcards from individuals:
Sanctuary City/Immigration
ITEM 4f(6) Anthony Wyatt: Political Delegates
ITEM 4f(7) Devin Redmond, Julie Robinson: Mann Renovations on Track
ITEM 4f(8) Gregg Geerdes: Sidewalks on Dubuque Street/Gateway Project [Staff
response included]
ITEM 4f(9) Tige Watts, NUSA Neighborhoods USA: Hosting Annual Conference on
Neighborhood Concerns
ITEM 4f(10) Phillip Vroman: Reconsideration of Definition of Fence pertaining to
animal control
ITEM 4f(11) Ann Christianson: Environment
ITEM 4f(12) Scott Foens, Mike Hartnett: Incident in Ped Mall/flag burning
ITEM 4f(13) Tom Sladek: How to get rid of Panhandlers?
ITEM 4f(14) Syed Rahman: Daughter's visit to City Council Meeting [Staff
response included]
ITEM 4f(15) Phillip Ricks: Community Garden Plots
ITEM 4f(16) Chris Liebig: ICCSD school bond proposal
ITEM 4f(17) Naj Omer: Conern
ITEM 4f(18) Mary Lou Welter, Emily Peck, Kelli Brommel, Caryl Lyons, Jeanette Carter,
Nancy Purington, Judith Leavitt, Maureen Patterson, Amy Fretz, Barbara
Staib, Kurt Friese, Shelby Myers, Juanita Kosier, Rachel Clark, Kristin
Wildensee, Jessica McCusker, Alice Atkinson (x3), Jan and Stephen
Locher, Ronald Crawford and Judith Quinn, Susan Boyd, Kelly O'Berry,
Gail Garwood, Miriam Kashia, Niklaus Jakob, Linda Fisher, Pam Michaud,
Phil Beck, Ginalie Swaim (x2), Allan Jordison, : City Hall Parking Lot/10
S. Gilbert St. (Previously distributed in 1/26 information packet and late
handouts 1/30 & 1/31 now being officially received)
END OF CONSENT CALENDAR
Action:
ITEM 5. COMMUNITY COMMEN (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to "City Council
Information" item at the end of the meeting agenda.
�z.1�—
LATE ADDITION:
Consent Calendar:
_Ir
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-1826
(319)356-5000
(319)356-5009 FAX
www.icgov.org
ITEM 4e(8) CONVEY BY QUIT CLAIM DEED - RESOLUTION SETTING PUBLIC
HEARING FOR FEBRUARY 21, 2017, ON A PROPOSAL TO CONVEY
BY QUIT CLAIM DEED THE VACATED PORTION OF EAST 3RD
STREET WEST OF GILBERT STREET.
Comment: The attorneys representing the buyer and seller in the sale of
the "Pleasant Valley" property on S. Gilbert St. have requested that the City
issue a Quit Claim Deed for the portion of E. 3rd Street that was vacated in
the late 1880's by the then owners of the property. It is the opinion of the
City Attorney's Office that the City has no interest in this property as the
Iowa Supreme Court ruled in Conner v. Iowa City, 66 Iowa 419 (1885). A
Quit Claim Deed makes no warranty of title in the City, but rather to the
extent that the City has any interest, the City is releasing its interest. Staff
recommends approval. Seller will pay the publication and recording costs.
LATE HANDOUTS:
Information submitted between distribution of packet on Thursday and close of business on
Monday.
Consent Calendar: \
Correspondence
ITEM 4f(12) Incident in Ped Mall/flag burning: Clayton SampseI
Regular Agenda
ITEM 10 FOOD TRUCK VENDING — See additional correspondence
Information packet of 2/2:
Letter from Council Member Cole: Budget Request for Municipal Broadband Feasibility
Study
Letter from Council Member Cole: Proposed Modifications to Budget
February 7, 2017 City of Iowa City Page 8
ITEM 6. PLANNING AND ZONING MATTERS. (In accordance with the City Attorney's
memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte
communications". Council will discuss # 6a at formal meeting)
ITEM 6a REZONING CAMP CARDINAL ROAD — ORDINANCE CONDITIONALLY
REZONING 3.48 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF CAMP CARDINAL ROAD AND GATHERING PLACE LANE
�� ���'� FROM PLANNED DEVELOPMENT OVERLAY (OPD -5) ZONE TO LOW
DENSITY MULTI -FAMILY RESIDENTIAL (RM -12) ZONE. (REZ16-00007)
(SECOND CONSIDERATION)
Comment: At its December 15 meeting, by a vote of 6-0-1 (Signs abstained),
the Planning and Zoning Commission recommended approval of this
rezoning with conditions regarding neighborhood open space and building
design. Approval will allow the development of 54 multi -family housing.
\ Correspondence included in Council packet from applicant requesting
expedited action.
Ac ion:
0 o A_71�1Z '7( O
ITEM 6b VACATION OF RIGHT-OF-WAY ELLIS AVENUE - RDINANCE I
VACATE ALLEY RIGHT-OF-WAY BETWEEN 332 ELLIS AND 320 ELLIS
AVENUE. (VAC16-00002) (SECOND CONSIDERATION)
Comment: At its December 1 meeting, by a vote of 6-0 (Martin absent), the
Planning and Zoning Commission recommended approval of this vacation
with conditions regarding public and utility access. Approval will allow
consideration of conveyin(gg the
property to the owner of 332 Ellis Avenue.
Action:
ITEM 6c DEAN OAKES SEVENTH ADDITION - RESOLUTION APPROVING
PRELIMINARY PLAT (SUB16-00011)
�3 Comment: At its January 19 meeting by a vote of 7-0, the Planning and
Zoning Commission recommended approval of a preliminary plat of Dean
Oakes Seventh Addition, a 0.827 -acre, 1 -lot residential subdivision located on
the east end of Bristol Drive.
Action: `A��^ "
ITEM 6d CONDITIONAL USE PERMIT - & G MATERIALS, 4059 IZAAK WALTON
ROAD - RECOMMENDATION TO JOHNSON COUNTY (CU16-00004)
Comment: At its January 19 meeting by a vote of 7-0 the Planning and
Zoning Commission recommended forwarding a letter to the Johnson County
Board of Adjustment recommending approval of a Conditional Use Permit for
S & G Materials to allow sand and gravel mining on property south of their
current site at 4059 Izaak Walton Road. This property is located south of
Iowa City and west of the Iowa River in Fringe Area C but is outside of the
Iowa City Growth Boundary.
Action: A ��
February 7, 2017 City of Iowa City Page 9
ITEM 7. WASTEWATER CLARIFIER REPAIRS – RESOLUTION APPROVING PLANS,
SPECIFICATIONS, FORM OF AGREEMENT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE WASTEWATER CLARIFIER REPAIRS
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO POST NOTICE TO BIDDERS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Comment: This project involves the removal, repair and/or replacement of
existing primary and secondary clarifier equipment at the Wastewater Treatment
Facility. The four original clarifiers that were constructed circa 1989 still have
their original carbon steel mechanisms that are severely corroded and are
nearing the end of their useful life. The estimated construction cost is $281,750
and will be funded with Wastewater revenues.
PUBLIC HEARING
Action: 'z` SA4 —„ � i
b. CONSIDER AN RESOLUTION
Action:
ITEM 8. STORM SEWER EASEMENT AIRPORT - RESOLUTION GRANTING A STORM
SEWER EASEMENT ACROSS IOWA CITY MUNICIPAL AIRPORT PROPERTY
(OUTLOT A, WESTPORT PLAZA– PART 2) TO ACCOMMODATE ADJOINING
DEVELOPMENT.
Comment: MXTE, LLC, is the owner of real estate adjacent to Outlot A, namely
Lot 1, Westport Plaza – Part 2, which it wishes to develop. In order to do so, they
need to secure a storm sewer easement across the Airport property. The Airport
property in question is presently tillable agricultural land rented out by the Airport
for farming. The owner has secured an appraisal, at its expense, and has offered
to pay the appraised value of $24,000 for this easement.
a. PUBLIC HEARING Z�,s �
Action:
b. CONSIDER AN RE LUTION
Action: -1 � ��2\
February 7, 2017 City of Iowa City Page 10
ITEM 9. GENERAL OBLIGATION BONDS - RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE CHANGE IN USE
OF A NOT TO EXCEED $700,000 PORTION OF THE GENERAL OBLIGATION
BONDS, SERIES 2015
Comment: Public Hearing to discuss re -purposing a portion of the 2015 General
Obligation Bonds. The City issued general obligation bonds in 2015 to be used
in constructing a new City -School recreation facility at Alexander Elementary
school. Those funds will no longer be used at Alexander and need to be re -
purposed, they will be used to fund improvements and repairs at Mercer Park
Aquatic Center. See memo in Council packet.
a. PUBIC HEARING
Action: N\D Q„a
b. CONSIDER AN RESOLUTION
Action:
ITEM 10. FOOD TRUCK VENDING - ORDINANCE AMENDING TITLE 9, ENTITLED
"MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED "PARKING
7 _ ( REGULATIONS," TO ESTABLISH A PILOT PROGRAM FOR FOOD
Oy TRUCK VENDING IN THE DOWNTOWN. (PASS AND ADOPT)
Comment: In 2015 the City established a food truck vending permit system to
allow vendors to operate on City streets except in certain restricted areas such
as the downtown area, residential areas, and within 150 feet of any restaurant.
Vendors have requested to be allowed to vend during the late evening and early
morning hours in the downtown. At the direction of Council, this ordinance allows
the City Manager to establish a pilot program to allow vending during the late
evening and early morning hours in the downtown.
Action:
`mss-c25t- y � ti
ITEM 11. SOLICITATION/PANHAN ING - ORD ANCE AMEDING TITLE 8,
ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED
"MISCELLANEOUS OFFENSES," BY DELETING SECTION 2, ENTITLED
17 - µdg "AGGRESSIVE PANHANDLING," AND PROHIBITING SOLICITATION
a REQUESTS TO PERSONS WITHIN A SIDEWALK CAFE WITHOUT THE
CAFE'S PERMISSION. (SECOND CONSIDERATION)
Comment: Section 8-5-2 of the City Code prohibits "solicitation" (aka,
panhandling) in certain manners and in certain places in the downtown. Since
the Supreme Court's 2015 decision in Reed v. Town of Gilbert, lower courts
addressing solicitation/panhandling throughout the U.S. have consistently found
those ordinances to violate the First Amendment. In accordance with the City's
Attorney's memo to Council of December 8, 2016 and as directed by Council at
the January 3 work session, this ordinance repeals Section 8-5-2 thereby
eliminating all panhandling restrictions in the downtown. Additionally, this
ordinance adds one new, and very limited, restriction to prohibit
requests/solicitation for the exchange/transfer of money or anything else to
persons in a sidewalk cafe without the cafe's permission. Staff requests
expedited action.
Action: A , \
o ate- n\�
7io
LATE ADDITION:
Consent Calendar:
►r ,
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
ITEM 4e(8) CONVEY BY QUIT CLAIM DEED - RESOLUTION SETTING PUBLIC
HEARING FOR FEBRUARY 21, 2017, ON A PROPOSAL TO CONVEY
BY QUIT CLAIM DEED THE VACATED PORTION OF EAST 3RD
STREET WEST OF GILBERT STREET.
Comment: The attorneys representing the buyer and seller in the sale of
the "Pleasant Valley" property on S. Gilbert St. have requested that the City
issue a Quit Claim Deed for the portion of E. 3rd Street that was vacated in
the late 1880's by the then owners of the property. It is the opinion of the
City Attorney's Office that the City has no interest in this property as the
Iowa Supreme Court ruled in Conner v. Iowa City, 66 Iowa 419 (1885). A
Quit Claim Deed makes no warranty of title in the City, but rather to the
extent that the City has any interest, the City is releasing its interest. Staff
recommends approval. Seller will pay the publication and recording costs.
LATE HANDOUTS:
Information submitted between distribution of packet on Thursday and close of business on
Monday.
Consent Calendar:
Correspondence
ITEM 4f(12) Incident in Ped Mall/flag burning: Clayton Sampsel
Regular Agenda
ITEM 10 FOOD TRUCK VENDING – See additional correspondence
Info—irr sation-uacketof2f2:—
Letter from Council Member Cole: Budget Request for Municipal Broadband Feasibility
Study
Letter from Council Member Cole: Proposed Modifications to Budget
February 7, 2017 City of Iowa City Page 11
ITEM 12.
ITEM 13.
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ABANDONED BICYCLES - ORDINANCE AMENDING TITLE 9, ENTITLED
"MOTOR VEHICLES AND TRAFFIC," CHAPTER 8, ENTITLED 'BICYCLES,"
SECTION 6, ENTITLED "PARKING VIOLATIONS," SUBSECTION B,
ENTITLED "OWNER PRIMA FACIE RESPONSIBLE FOR PARKING
VIOLATIONS" TO ALLOW THE CITY TO DONATE ABANDONED BICYCLES
TO LOW INCOME YOUTH. (FIRST CONSIDERATION)
Comment: Currently the City must sell impounded bicycles at a public auction or
donate them to nonprofit organizations that serve low income youth and families.
This ordinance will add the third option that allows City staff to donate bicycles
directly to low income youth and homeless persons. This amendment is
requested by the Police Dept. in part to support its outreach to local youth
including riding with some local youths in RAGBRAI next year. Deferred from
January 17 meeting. Staff is requesting that this agenda item be deferred
indefinitely to facilitate further dialogue with community stakeholders.
Action:
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 §364.136 to assess the
nuisance abatement costs in the same manner as a property tax. This resolution
allows the City Clerk to certify to the Johnson County Treasurer the abatement
cost to be assessed against the property. This assessment is being pursued only
after the City took many steps to resolve the matter. The City notified the home
owners to abate the nuisance (for example, to remove snow from the sidewalk)
and after the home owner did not take action to abate the nuisance, the City
abated the nuisance and billed the owner. After being billed at least twice, these
owners still have not paid the abatement costs. The City has sent a letter to the
home owner giving them notice that this resolution would be on the agenda, a
copy of which is attached to the resolution. No interest will be charged if the
owner pays within 30 days of the first required publication. Attached as an
exhibit to the resolution is a list of the properties that will be assessed and the
amount that will be assessed.
Action:
February 7, 2017 City of Iowa City Page 12
ITEM 14. CITY PARK CABIN RESTORATION PROJECT - RESOLUTION
AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE
CONSTRUCTION OF THE CITY PARK CABIN RESTORATION
PROJECT.
Comment: Bids for this project are to be submitted on Thursday, February 2,
2017. Staff will review the bids and make a recommendation that will be
presented to Council at the Council meeting on Tuesday, February 7`h. The
estimated cost of construction is $190,500.00.
Action: \\,S:, cajay",.,-.
ITEM 15. 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. More information may be found on
the City website or in the City Clerk's office.]
Previously Announced:
Airport Zoning Commission — One vacancy to fill an unexpired term, upon
appointment— December 21, 2021. (Term expired for Christine Douglas)
Airport Zoning Brd of Adjustment — One vacancy to fill an unexpired term, upon
appointment - December 21, 2020. (Term expired for Keith Ruff)
Airport Zoning Brd. of Adiustment — One vacancy to fill an unexpired term, upon
appointment - December 31, 2018.(Formerly advertised)
Historic Preservation Commission — One vacancy for a Jefferson St.
representative to fill a three-year term, March 29, 2016 — July 1, 2019. (New
District formed)
Parks and Recreation Commission — One vacancy to fill an unexpired term, Upon
appointment - January 1, 2018. (Paul Roesler resigned)
Public Art Advisory Committee — One vacancy to fill a three-year term, January 1,
2017 — January 1, 2020. (Term expires for Brent Westpahl)
Senior Center Commission — Two vacancies to fill three-year terms, January 1,
2017 — December 31, 2020. (Term expires for Jack R. Hobbs and Jay Honohan)
Telecommunications Commission — One vacancy, to fill an unexpired term, upon
appointment—July 1, 2017. (Alexa Homewood -Weldon resigned)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., TUESDAY, FEBRUARY
14, 2017
February 7, 2017 City of Iowa City Page 13
Civil Service Commission — One vacancy to fill a four -year term, April 3, 2017 -
April 5, 2021 (Term expires for Jesse Case)
Human Rights Commission – One vacancy to fill an unexpired term upon
appointment – January 1, 2020 (D'Angelo L. Bailey resigned).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., TUESDAY, MARCH 14,
2017
New:
Climate Action Steering Committee – Five at -large vacancies for a one-year term
beginning in spring 2017.
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., TUESDAY, MARCH 14,
2017
ITEM 16. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 17. CITY COUNCIL INFORMATION
(Meeting Schedule; Pending Work Session Topics; Upcoming Community
Events/Council Invitations)
ITEM 18. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager. (�
b) City Attorney./
c) City Clerk. CSS
ITEM 19. ADJOURN (to work session if needed).