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HomeMy WebLinkAbout2024-09-03 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 Grace at 319-356-5041, kgrace@iowa- city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. rrcir) -14e-w Iowa City c.,.c>C -rnVo vvs'i vac's f'Cl- ' VcioYouncil - Formal Agenda Goycs �cM4t ' r 1 Regular Formal Meeting _.:.®� C-;,rac-e, September 3, 2024 - 6:00 PM -Dav'ce.S Emma J. Harvat Hall CITY OF IOWA CITY e n 410 E. Washington St. K aq e.(Zcz.rk►A,L lot www.icgov.org City of Iowa City Land Acknowledgment can be found at: icgov.org/landacknowledgement Meeting Rules can be found at: icgov.org/meetingrules You can watch the meeting on cable channel 4 (118.2 QAM) in Iowa City, University Heights and Coralville, or you can watch it online at any of the following websites: • https://citychannel4.com/live • https://www.youtube.com/user/citychannel4/live • https://facebook.com/CitvoflowaCity In order to encourage greater input from the public, the Iowa City Council intends to offer the opportunity to participate in the meeting remotely. However, this meeting is an in-person meeting. In the event of technological problems, the meeting will continue in-person, so those wishing to ensure their ability to participate should attend the meeting in-person. If you wish instead to participate remotely, you may attempt to do so by joining the meeting via Zoom by going to the link below to visit the Zoom meeting's registration page and submit the required information. Once the registration is complete, you will receive an email message with a link to join the meeting. If you are asked for a meeting or webinar ID, enter the ID number found in the email. If you have no computer or smartphone, or a computer without a microphone, you can call in by phone by dialing (312) 626-6799 and entering the meeting ID below when prompted. Zoom link: https://us06web.zoom.us/webinar/register/WN_cfjv1drbRPOenK_F8Fk9Jg Meeting ID: 851 6804 3456 If you wish to use presentation materials with your comments, please provide them to the City Clerk at kgrace@iowa-city.org at least 24 hours before the meeting. Your materials will be presented for you. September 3, 2024 Iowa City City Council Agenda Page 1 Public Comment for items on the agenda: Council cannot engage in discussion or debate until the appropriate time for Council discussion. However, once the commenter has left the podium, Council may ask staff to respond to a concern or question posed by the public, or to follow up with the speaker. 1 . Call to Order 2. Proclamations Sew 2.a Constitution Week —S k a r a n E at -S e-fr°' 2.b Welcoming Week—Si a ©sly;-} Gerlack1 I erGoed 3. Consent Calendar - Approval of Council Actions (subject to corrections, as recommended by the City Clerk) 3.a Work Session Minutes: August 20 3.b Formal Summary of Minutes: August 20 4. Consent Calendar - Receive and File Minutes 4.a Ad Hoc Truth & Reconciliation Commission: August 1 4.b Charter Review Commission: August 13 4.c Community Police Review Board: July 9 [See Recommendation] 4.d Council Economic Development Committee: August 12 [See Recommendation] 4.e Historic Preservation Commission: June 13 4.f Historic Preservation Commission: July 11 4.g Housing & Community Development Commission: June 13 [See Recommendation] 4.h Human Rights Commission: July 23 4.i Library Board of Trustees: July 25 4.j Parks & Recreation Commission: July 10 [See Recommendation] 4.k Senior Center Commission: May 16 5. Consent Calendar - Permit Motions and Resolution (as recommended by the City Clerk) 5.a Liquor License - Ownership Change 1 . Ownership Change for Urban Fuel LLC, dba Urban Fuel Express, 2580 Moss Ridge Rd. 5.b Liquor License - Renewal 1 . Class E Retail Alcohol License for Urban Fuel LLC, dba Urban Fuel Express, 2580 Moss Ridge Rd. 2. Class B Retail Alcohol License for HWZ L.L.C., dba RJ'Z Express, 2 Escort Lane 3. Class C Retail Alcohol License for La Familia Ortiz, Inc., dba Taco Loco Mexican Bar & Grill, 1755 Boyrum St. 4. Outdoor Service Area for La Familia Ortiz, Inc., dba Taco Loco Mexican Bar & Grill, 1755 Boyrum St. September 3, 2024 Iowa City City Council Agenda Page 2 5. Class B Retail Alcohol License for Casey's Marketing Company, dba Casey's #2761, 204 N. Dubuque St. 6. Consent Calendar- Resolutions and Motions 6.a July 2024 Disbursements Motion to approve disbursements in the amount of$19,719,016.89 for the period of July 1 through July 31, 2024, 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. 6.b Dumpsters in Downtown Alleys-Permit Extension Resolution extending the duration of the permit for solid waste containers in c)-14 " the downtown alleys. Comment: A waste hauler may not place a solid waste container (aka, a dumpster) in a downtown alley without a permit, and the City has issued a 3-year permit only to one waste hauler, Republic Services, which expires on Sept. 7, 2024. This resolution extends the permit to Oct. 1, 2024, to allow the City, with input from the Downtown District and Republic Services, to evaluate the current system for removing solid waste and collecting recyclables in the downtown alleys and finalize the requirements of a new 3-year permit. 6.c LIHTC Memorandum of Understanding with the Housing Trust Fund of Johnson County - ( Resolution authorizing the City Manager to sign a memorandum of understanding with the Housing Trust Fund of Johnson County for the contribution and use of$200,000 for Low Income Housing Tax Credit projects. Comment: This resolution approves a Memorandum of Understanding with the Housing Trust Fund of Johnson County to award $200,000 to the Trust Fund for eligible Low Income Housing Tax Credit (LIHTC) projects. Eligible projects must serve households at or below 60% of median income. The Memorandum of Understanding authorizes funds to be paid to the Housing Trust Fund upon notification of a LIHTC award through the Iowa Finance Authority for an approved project. September 3, 2024 Iowa City City Council Agenda Page 3 6.d Carson Lake Park Project Resolution approving, authorizing, and directing the Mayor to execute and the '`4 City Clerk to attest an Agreement by and between the City of Iowa City and Shive- Hattery to provide engineering consultant services for the Carson Lake Park Project. Comment: This agreement authorizes Shive-Hattery to provide services including coordination with City, State, and Federal jurisdictions in the development a preliminary plan layout and associated jurisdiction permit applications. This phase of the project includes permitting for the future Carson Lake, which will be located south of Rohret Road and west of Highway 218. The consultant agreement is for $239,926 and will be funded through account #R4403 - Carson Lake Park Project. 6.e 700 S Dubuque Street Public Improvements Resolution accepting the work for the storm sewer, sanitary sewer, and water main public improvements for the residential apartment building located at 700 S. Dubuque Street, and declaring public improvements open for public access and use. Comment: The construction of the storm sewer, sanitary sewer, and water main public improvements for the residential apartment building located at 700 S. Dubuque Street have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. 6.f City Park Festival Stage Improvements Project Resolution accepting the work for the City Park Festival Stage - t-f Improvements Project. Comment: Work on the project was recently completed by Peak Construction Group, Inc. of North Liberty, Iowa, 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: $256,000.00 Project Bid Received: $245,500.00 Project Actual Cost: $283,808.22 6.g Accepting Tobacco Penalty and Waiver of Right to Hearing From Crown Liquor & Smoke 3'11 S Resolution accepting payment of$300.00 civil penalty and waiver of right to hearing from Crown Liquor& Smoke. Comment: This Resolution accepts a waiver of right to hearing and payment of a $300.00 civil penalty by Crown Liquor& Smoke. The civil penalty is required by Iowa Code Section 453A.22(2) due to a first instance of an employee selling or providing tobacco to a minor within a two-year period. September 3, 2024 Iowa City City Council Agenda Page 4 6.h Accepting Tobacco Penalty and Waiver of Right to Hearing From Casey's General Store #3322 a14- D-a-47 Resolution accepting payment of $300.00 civil penalty and waiver of right to hearing from Casey's General Store #3322. Comment: This Resolution accepts a waiver of right to hearing and payment of a $300.00 civil penalty by Casey's General Store #3322. The civil penalty is required by Iowa Code Section 453A.22(2) due to a first instance of an employee selling or providing tobacco to a minor within a two-year period. 6.i Accepting Tobacco Penalty and Waiver of Right to Hearing from Casey's General Store #3858 Resolution accepting payment of $1 ,500.00 civil penalty and waiver of right to hearing from Casey's General Store #3858. Comment: This Resolution accepts a waiver of right to hearing and payment of a $1,500.00 civil penalty by Casey's #3858. The civil penalty is required by Iowa Code Section 453A.22(2) due to a second instance of an employee selling or providing tobacco to a minor within a two-year period. 6.j Accepting Tobacco Penalty and Waiver of Right to Hearing from Kum & Go #3502 Resolution accepting payment of$1,500.00 civil penalty and waiver of right to hearing from Kum & Go #3502. Comment: This Resolution accepts a waiver of right to hearing and payment of a $1500.00 civil penalty by Kum & Go #3502. The civil penalty is required by Iowa Code Section 453A.22(2) due to a second instance of an employee selling or providing tobacco to a minor within a two-year period. 6.k Sidewalk Cafe Policy Update Resolution adopting a policy for use of public right-of-way and City Plaza o�y, >_?..9 for sidewalk cafés and rescinding Resolution No. 23-119. Comment: The City Code provides the basic framework for regulating sidewalk cafés, and the details are set forth in a policy adopted by Council resolution. The 2024 Sidewalk Café Policy will require the cafe to be detached from building face and prohibit anchored fencing on Dubuque Street between Washington Street and Iowa Avenue. In specific circumstances, the revised policy will allow for a sidewalk café to extend beyond a building line extended by less than five feet (5') with the consent of the adjacent property owner and first floor tenant. September 3, 2024 Iowa City City Council Agenda Page 5 7. Consent Calendar- Setting Public Hearings 7.a FY25 Budget Amendment Public Hearing Resolution setting a public hearing on September 17, 2024 on amending the - -30 Fiscal Year 2025 Operating Budget. Comment: This resolution sets a public hearing on September 17, 2024 to amend the FY25 operating budget. Information will be available for public inspection on September 5, 2024. 8. Consent Calendar- Correspondence 8.a Metered spaces, meter terms, and tow away zone on Lafayette Street The installation of(6) on-street metered parking spaces, the establishment of parking meter terms, and tow away zone on the north side of the 200 block of Lafayette Street. 8.b Metered spaces, meter terms, and tow away zone on South Dubuque St The installation of(13) on-street metered parking spaces, the establishment of parking meter terms, and tow away zone on the east side of the 700 block of South Dubuque Street. Endo..f Consent Calendar Action: e. ttS / Jc ; k 7/0 MA 9. Community Comment [items not on the agenda (until 7 PM)] Public comment is intended so that members of the public may be heard by Council. Because Community Comment is for items not properly noticed on the agenda, Council cannot engage in discussion or debate due to open meetings laws. Only in-person comments will be allowed for Community Comment. Public comment for specific agenda items, which must be directly related to that agenda item, may be made in-person or remotely. Individuals will be provided 3 minutes to speak. The Community Comment period will end at 7:00 p.m. unless an extension is needed to meet a minimum 30 minutes of total time allocated for the Community Comment period. The Mayor reserves the right to reduce the 3 minute period based on the number of individuals desiring to speak. Additional comments can be sent to the City Council via council@iowa-city.org or through the City Clerk's Office. September 3, 2024 Iowa City City Council Agenda Page 6 10. Regular Formal Agenda 10.a Short Term Permit for Use of ROW Ordinance amending Title 16, entitled "Public Works," Chapters 1, entitled "Streets, Sidewalks and Public Right of Way," Article A, entitled "Streets, Sidewalks and Public Right of Way Generally," Section 7, entitled "Permission Se Required, Public Right of Way" to establish a permit for short term use of the right -�'w of way. (First Consideration) Comment: The City Code allows the City to enter into agreements for the use of the public right of way and by Council resolution the Public Works Director is authorized to sign them. City staff recommends the City Code be amended to create a simple permitting process for short term use of the right of way. The proposed ordinance allows the Public Works Director to issue a permit for use of the right of way for periods of 14 days or less. Action: I ��r /1'� ? r //- 10.b Establish administrative rules for parking permits and a citation for parking permit violations Ordinance Amending Title 9, Entitled "Motor Vehicles and Traffic," Chapter 5, Entitled "Parking Meter Zones and Parking Lots," Section 4, Entitled "Use of Se Parking Lots" to allow for the establishment of administrative rules for parking permits to be enforced by a parking permit violation citation. (First Consideration) Comment: This action would allow the Director of Transportation Services to establish administrative rules for parking permits and would also establish an enforcement mechanism for parking permit violations. Action: r ' MS/ 11/1 oe-, ((k) Aid 10.c Downtown parking meter rates and evening/weekend parking permits Ordinance Amending Title 3, Entitled "Finances, Taxation And Fees," Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines, And Penalties," Section 8 Entitled "Parking" to establish the rate for evening and weekend parking permits, to decrease meter rates, and establish a fine for parking permit IA. violations. (First Consideration) s° -- Comment: This action reduces the hourly metered parking rate in the core of Downtown Iowa City from $3.00 per hour to $2.25 per hour, establishes the rate for an evening and weekend parking permit for parking ramps, and updates the rate for evening and weekend parking permits for parking lots. This action also establishes the fine amount for violating the administrative rules for parking permits. s f� Action: AI 4-e c/ cylAse VL ' ( Otiout voAlik 110 oftPSpp,-de vt(e — 0i k 11v oe 7 I 0 September 3, 2024 Iowa City City Council Agenda Page 7 10.d Water System and Wastewater System Charges, Deposits, and Fees Ordinance amending Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled - , "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties". (Second Consideration) Comment: An Ordinance to add water system charges for fire hydrant flow test and locating of private service lines, a deposit for fire hydrant meters, and fees for taps, water meter, potable meter kit rental, fire hydrant meter connection and disconnection, and fire hydrant meter water use. The ordinance also proposes to add wastewater fees for testing and car wash loads. Staff is requesting expedited action. 7 Jm Action:O H i1 TT — �t t�w�/ 3�r'v�t,�S 7k 10.e Ordinance prohibiting on-street parking within ten feet of a "Yield" sign Ordinance amending Title 9, entitled "Motor Vehicles and Traffic", Chapter 4 entitled ?µ _`t9,342, "Parking Regulations", Section 1, entitled "Parking Prohibited in Specified Places" by prohibiting parking within 10 feet of"Yield" signs. (Second Consideration) Comment: Currently, the City Code prohibits on-street parking within ten feet upon the approach of any flashing beacon, stop sign or traffic control signal located at the side of the roadway. The reason for the prohibition is that cars parking at these locations can interfere with approaching drivers' ability to see traffic signs and signals and create a hazardous situation. While the same principle applies equally to yield signs, they do not currently have the same protection in the City Code. Staff is requesting expedited action. fir` ' 7(-61 1/1 7/0 Action: Ui1 � P cr,,co S l A I-��c , "7/ 0 / 10.f Hawkeye Liquor & Tobacco tobacco penalty Resolution assessing $300.00 civil penalty against Hawkeye Liquor & Tobacco. ?,14 Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil penalty shall be assessed when an employee of a retailer violates Iowa Code Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time designated for the Council to consider whether to assess such a civil penalty against Hawkeye Liquor & Tobacco, 601 Hollywood Boulevard, Iowa {' City. The civil penalty for- a first violation within a two-year period is $300.00. Action: 11 I-1-e r/ 13-2 Y ~, 1./cS j I 0 073 September 3, 2024 Iowa City City Council Agenda Page 8 10.g Iowa City Fast Break tobacco penalty Resolution assessing $1500.00 civil penalty and thirty-day retail cigarette -3D— permit suspension against Iowa City Fast Break. Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil penalty shall be assessed when an employee of a retailer violates Iowa Code Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the e u, -6L" time designated for the Council to consider whether to assess such a civil penalty against Iowa City Fast Break, 2580 Naples Avenue SW, Iowa City. The civil penalty for a third violation within a three-year period is $1500.00 and a thirty-day retail cigarette permit suspension. Action: ,JLt.vLi•�. Ij� �S I Q 1 O ) � 11. Announcement of Vacancies - Previous 11.a Announcement of Vacancies - Previous Public Art Advisory Committee (Art or Design Professional) - One vacancy to fill an unexpired term, upon appointment - December 31, 2026 (Steven Miller resigned). Applications must be received by 5:00 p.m., Tuesday, September 10, 2024. Airport Zoning Board of Adjustment - One vacancy to fill a five-year term, January 1, 2024 - December 31, 2028 (Term expired for Heather Flynn). Airport Zoning Commission - One vacancy to fill a 6-year term, January 1, 2024 - December 31, 2029 (Term expired for Dennis Keitel). Board of Appeals (HVAC Professional) - One vacancy to fill an unexpired term, upon appointment - December 31, 2028 (Nicolas Yost resigned). Historic Preservation Commission (Jefferson St.) - One vacancy to fill a three-year term, July 1, 2022 - June 30, 2025 (formerly advertised as unexpired term — Lyndi Kiple resigned). Historic Preservation Commission (Woodlawn Ave.) - One vacancy to fill an unexpired term plus a three-year term, upon appointment - June 30, 2027 (formerly advertised as unexpired term - Kevin Larson resigned). Vacancies will remain open until filled. 12. City Council Information — S-e, )c` 0L-- 13. Report on Items from City Staff . City Manager's Office . City Attorney . City Clerk —See_ ' 14. Adjourn -. 7;Of prvm September 3, 2024 Iowa City City Council Agenda Page 9 Time se:GAraii. AO I I OW ilia. �wr®�� City Council Supplemental Meeting Packet CITY OF IOWA CITY September 3, 2024 Information submitted between distribution of the meeting packet on Thursday and 3:00 pm on Tuesday. Late Handout(s): 10.c. Downtown parking meter rates and evening/weekend parking permits - See correspondence from Kay Boyer. September 3,2024 City of Iowa City