Loading...
HomeMy WebLinkAbout2011-06-21 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 21st day of June, 2011, in Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. A resolution amending the Comprehensive Plan to change the land use designation from single - family /duplex residential to general commercial for property located at the northeast corner of the intersection of Highway 1 West and Hudson Avenue (1014, 1016, & 1022 Hudson Avenue) 2. An ordinance conditionally rezoning approximately .69 -acres of property located at 1014, 1016 and 1022 Hudson Avenue from Medium Density Single Family Residential (RS -8) to Community Commercial (CC -2). 3. An ordinance amending City Code Title 14, Chapter 4, entitled Use Regulations, Article D, Temporary Uses, adding provisions to allow football game day commercial uses as a temporary use along Melrose Avenue and amending Chapter 9, entitled Definitions, to add the definition of tailgating. Copies of the proposed ordinances and resolutions are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK City Council June 21, 2011 Comprehensive Plan Amendment • Amending the Comprehensive Plan to change the land use designation from Single - Family /Duplex Residential to General Commercial for property located at the northeast corner of the intersection of Highway 1 West and Hudson Avenue (1014, 1016, and 1022 Hudson Avenue)(CPA 11- 00002) SOUTIMT_ST PUNNING DISTRICT Lvw" Roosevelt Subarea ;:, r..� w. ..u. r.elwr�•r y.;. ® owr• T r, Ir trn. Nllulw.Ywsr:i �IMtY.nYr'l w.:w,rtl FJ,MT i,wM1Y!(InM IL � � \M1nnw „N Una \}wl:lT�` (:��nlC�r.i� w 14e1p.(T.d Rezoning Conditionally rezoning approximately 0.69 acres of property located at 1014, 1016, and 1022 Hudson Avenue from Medium Density Single Family Residential (RS -8) to Community Commercial (CC -2) (REZ1 1-00008) i �2 2� 122 WARRANTY OEM BOOK 9223, PAGE 236 GIZ 521 dKIPW Y IIR 111.0 699 OsIG 1 z" 7 T i G I M2C , i I II I Q S VIA N32IW36'W 23.11' REZONING EXHIBIT LOT 16,17,18 AND 19, BAILEY AND BECK'S ADDM 9� IOWA CITY, IOWA Re 6 IR! Wye sWnAeWe mi I w 1. .mEAS I) AAammeY' NBT32'2]'E 138.25' 100 9m10.fAW®! °g68AS � ®P ®� ga�'19 °' IlLLt S 40 a.. Iei 1T' 1 m 21st roan U SM anra s COURT e MVA M. of 6ffiW MIA C°Y, g111 6aN C°W.YWR G 6P211 9 WEST KSKLIM aE© PAR"iNE?rr -:- 1 431 NI Z.1- -'ddAV i 'VST' T 662a —•• - -- - u: - 27 dlE r ua2we - �. 1 00–A. m w7CnF PMCFI Mw RS a TO CC J Lot 16. 17, 18 and 19 of Balky and Beck'e Addition, lomo City, Johneor ri CWnty, Iowa, In accordance with the Plat ther al recorded In Plat Book 17 ffit m 3. at Page 161, N the Records of the Johnew Cwnty Recorde'e Office. U a 2GfF excepting therefrom, VB bl AN that part of mid Lot 19 lying mwtheriy of a Nine beginning at a 5{p- point N2'3&5'W, 5.1 ft. flan the SE Comm of mid Lot 19. an the met Ike thereof; thence S88'3175W, 124.5 f.; thence 1432515'W, 23.2 N. to apednt N3V9.5'W, 20.6 ft. from the SW mes Co of mid Lot 19, an the et line thereof. w 'm =' Sold resultant rract of land cantatns 0.69 acre, (M.OM swore Mt). and a wbject to msemmis and ramrieBans of record. 9� ---------------- 19'33'11'W 124.42' T 16,17,18 AND 19, BAILEY & BECK'S ADDITI0 IOWA CM. IOWA 9 WEST KSKLIM aE© PAR"iNE?rr -:- 1 431 NI Z.1- -'ddAV i 'VST' T 662a —•• - -- - u: - 27 dlE r ua2we - �. 1 00–A. �L- j 1 r i ut A zb,.% Date: To: From: Re: CITY O F IOWA C I T Y MEMORANDUM May 12, 2011 Iowa City Planning and Zoning Coi Douglas Boothroy, Director of Hou Changes to Football Game Day Cc I have included in your packet the revised Football Game Day Approval Criteria. The revisions are minor and the changes have been underscored. Approval Criteria No. 5 has been changed to insert provisions requiring vendors to provide trash containers. This provision was accidentally deleted in the previous version. Also, in No. 12 language has been added to clarify the meaning of "cooking tents." I am not recommending any changes concerning an exception for live music venues with alcohol (e.g., The Magic Bus). No other changes have been made to the Approval Criteria. hisad m /mem /pz- 051211.doc ARTICLE D, TEMPORARY USES — PROPOSED AMENDMENTS 1. 14 -4D -2 Temporary Uses Allowed Amend the Iowa City Zoning Code Title 14- 4 -D -2, Temporary Uses Allowed, to add the temporary use: L. Football Game Day Commercial Use 2. 14 -4D -3 Permit Required Amend the Iowa City Zoning Code Title 14 -4D -3, Permit Required, to insert the following: A temporary use permit is required for all temporary uses listed in subsection B, above, unless specifically exempted. Tailgating and tailgate parking held on home Iowa football game days do not require a Temporary Use Permit. Procedures for obtaining a permit are contained in Article 14 -813 of this Title, Administrative Approval Procedures. 3. 14 -4D -4 Approval Criteria Amend the Iowa City Zoning Code Title 14 -4D -4 to add additional approval criteria for football game day commercial vending. H. Football Game Day Commercial Use 1. Display permit. Vendors must prominently display the permit and it must be clearly viewable from the public right -of -way. 2. Assignment and use by others. A vendor may not assign its space /permit to any other vendors. 3. Location. Vendors are only allowed to locate along the Melrose Avenue street frontage between the Iowa Interstate Railway right -of -way and Melrose Circle. 4. Setup/Teardown. Vendors are not allowed to set up before 12:00 p.m. the day before game day and must tear down /remove all equipment and materials after each game. 5. Clean -up responsibility. All vendors must keep any area where they vend litter -free and shall remove litter from any adjacent public property /right -of -way. Vendors shall provide a trash container with unfilled capacity at all times. Vendors with liquid waste (oil, grease, grey water, etc.) must provide disposal units for the waste. Commercial liquid waste shall not be placed in gutters, port-a johns or on the ground. 6. No blocking of sidewalk/right -of -way. No vendor shall block or obstruct the free movement of pedestrians or vehicles on a sidewalk, street, or other public right -of- way. Tents /stands must be set back at least 2 feet from the back edge of public sidewalks. 7. Signage. Vendor signage must be approved by the City. Vendor signage is only allowed on the vendor's stand /vehicle /tent and is not allowed on utility poles across the public sidewalk, on buildings or as yard signs. No electrically lit signs will be allowed. 8. Sales tax permit. Each vendor whose sales are subject to sales tax must provide a copy of their sales tax permit. 9. Insurance /indemnification. All vendors must provide to the City evidence of comprehensive general liability insurance of $500,000 per occurrence and $1,000,000 aggregate and must indemnify the City against all damages that may result from the vendor's permitted temporary commercial use and /or the vendor's use of the public right -of -way. 10. Fire extinguishers. All vendors must provide at least one five pound, 2A 10 BC extinguisher that is functional and accessible at all times. 11. Health permits. All food vendors must secure necessary health permits from the Johnson County Department of Health and prominently display the permit so it is clearly viewable from the public right -of -way. 12. Cooking tents. All tents used for cooking (regardless of size) must be approved by the Fire Code /Building Official. Cooking tents will be required to be separated from other tents, parked vehicles and lot lines. LP containers exceeding 96 pounds require approval from the Fire Code /Building Official. 13. Tent size. All tents and membrane structures having an area in excess of 400 square feet shall not be erected or operated for any purpose without first obtaining approval from the Fire Code /Building Official. 14. Alcohol. No alcohol is allowed to be sold, dispensed or otherwise made available to the public in conjunction with any temporary commercial use. 15. Utility Location. Any tents and membrane structures using stakes or similar ground attachments must call the City for utility location at least 24 hours before setup. Vendors must comply with "one- call" utility location requirements. 16. Violation of these provisions. Any violation of the temporary use permit conditions will result in a civil citation and loss of the temporary commercial use permit for a minimum of seven home games. The City also reserves the right to deny a temporary use permit for the same location for a minimum of seven home games. 4. 14 -9A Definitions Amend the Iowa City Zoning Code Title 14 -9A, Definitions, to add the definition of tailgating. Tailgating: A home football game day informal social gathering that is non - commercial and may include eating and drinking beverages (alcoholic or non - alcoholic) as part of the activities. Tailgating events do not involve the sale of alcohol and /or payment of an admission charged for alcohol and /or giveaways of food, beverage or promotional item(s) or the sale of any goods and /or services and /or providing services. Temporary parking on unimproved surfaces located on private property is allowed during tailgate events. hisadm /amend 14- 4D -3.doc Bob MWo From: Butler, Amy C <amy- c- butler @uiowa.edu> Sent: Thursday, May 12, 2011 10:53 PM To: Bob Miklo Subject: Vending on Football Saturdays Dear Bob Miklo and members of the Planning and Zoning Commission — I would like to communicate to you my feelings about the issue of vendors on Melrose Ave. on football Saturdays. I live on Melrose Court. The amount of trash that is left in the neighborhood on football Saturdays increases each year. Much of the trash may not be from the vendors, but the vendors certainly contribute to the problem. This is clear to from the number of times my dog has rooted out turkey legs from bushes and I've had to pry them from his mouth. I attended a meeting in March during which Doug Boothroy listened to the views of neighborhood residents and vendors on the vending issue. I was upset at the attitude of some of the vendors. One of the vendors told me that if I didn't like the vending situation, I shouldn't have moved into the neighborhood. I moved into my house in 1996, before the football trash, drunken behavior, and destruction got out of hand. One of the vendors said that neighborhood residents should leave town for football weekends if they don't like the situation. I am a hard - working member of the University of Iowa faculty and my teaching and research responsibilities do not allow me to leave town seven weekends during the fall semester to avoid the bedlam that takes place outside my house. I do, in fact, go out of town for what's likely to be the worst of the weekends, but still must clean up the trash (and worse) upon my return, as well as spend the rest of the week trying to prevent my dog from eating the bones he find on our daily walks. The vendors are one of the factors that have contributed to making football Saturdays a nightmare for many of the residents in the Melrose neighborhood. I request that the members Planning and Zoning Commission limit the number of vendors that sell items that contain the wrappers, sticks and bones that inevitably end up littering the Melrose neighborhood. Thank you for considering my perspective on this issue. Amy C. Butler 326 Melrose Ct. Iowa City, IA 52242 Bob Miklo From: Jean Walker <walkersic @yahoo.com> Sent: Friday, May 13, 2011 12:48 PM To: Bob Miklo Cc: Jean Walker Subject: To: Planning and Zoning Commission Attachments: P &Z11 _05- 05.docx Dear Planning & Zoning Commission Members, As you work to make your decision concerning the regulations for vending on Melrose Avenue on football game days, I hope that you will keep in mind the comments I have already made (see attached). In addition, I would like to point out that all but one or two of the vendors do not live in the neighborhood and they come into our neighborhood to make money. So they should be respectful of the wishes of the people who do live in the neighborhood, such as not selling anything on shish -kabob sticks, which could endanger resident's pets, and to ensure proper disposal of turkey legs. I repeat that I think the shish kabobs should be banned as the food can be cooked on the stick and then placed in a dish before serving. The vendor then responsibly disposes of the sticks. I have been told that this is done at other events in Iowa City. Thank you, Jean Walker 335 Lucon Drive Planning & Zoning Commission Meeting May 5, 2011 Submitted by jean Walker, Melrose Neighborhood Representative The Neighborhood is, of course, not against having vendors at football games, it's their location (currently illegal in an RS5 residential area) that's the problem. People say that the residents knew what they were getting into when they moved in next to the Stadium and should accept the status quo. The answer is that football game days were a lot pleasanter when we moved in, without the current congestion, trashing, urinating, vomiting, defecating, and destruction of property. We have a serious problem here. The memo from City staff to the Council, suggesting that the vendors be removed from their current location, was an attempt, as the City's highest priority, to protect the neighborhood, but the Council did not accept this attempt. The neighborhood suggested to the Council alternate locations for the vendors, on University of Iowa property. However, without an exploration of alternate locations, the Council requested City Staff to draw up regulations for vending in the current location in time for the next football season. The neighborhood responded that in doing so there should be an understanding that, in the meantime, exploration of alternate locations (outside the historic Neighborhood) should be undertaken by the City, the University and the Neighborhood. So these regulations, while welcome to help alleviate some of the neighborhood's game day problems, need to be seen in the context of the possibility of the vendors eventually being relocated. However, the disrespect and incivility shown the neighborhood in general on football games is a much larger problem than the vendors. For example, it is heartbreakingly depressing to have our neighborhood turned into a disgusting mess and to drive down Melrose Avenue after a game and see our beautiful historic neighborhood trashed. But it's not just a trash concern. It's about congestion, destruction, and total disrespect of our neighborhood. Football games are University events, yet the University has been strangely silent for the last couple of months. Where the University in this? They need to be good neighbors and step forward, show concern for the Neighborhood, and offer to help, rather than wait in the background and have the City, neighbors, fans, and vendors solve their problems. If it was a neighborhood event that impinged on the University, with the accompanying congestion, trashing, urination, vomiting, defecation, and destruction of property, I think the University would have expectations that the situation be improved. I repeat, we have a serious problem here. It is time that the City, the University, and the Neighborhood sat down together for a comprehensive review of football game days and see how it can be made a more pleasant experience for everyone involved. As regards the regulations themselves: 1. We ask that, while in the present location, vending be curtailed to the area of Melrose Avenue between the bridge at University Heights and 711 Melrose Avenue, where 24 of the current 25 vendors are located. 2. The University needs to supply an ample and adequate number of port -a -johns and trash cans along Melrose Avenue and throughout the neighborhood so that we do not have to endure urination, vomiting, and defecation on our properties. 3. For the protection of our pets and the neighborhood wildlife, we ask that the shish -kabob sticks (or any other life - threatening foods) be banned, especially as the vendor could come up with an alternate way to serve that food. 4. For the same reason, we ask that if the turkey legs are not banned, the vendor places a prominent notice on his stand reminding people to dispose of the remains responsibly. 5. Our preference would be to have all foodware items and beverage containers be biodegradable /compostable and that recycle containers be provided for their disposal, either by the vendors, the City, or the University of Iowa. 6. We ask, to be added to regulation #4, that there be no selling except on game day. 7. Clear up by noon the day after the game (rather than by Monday morning). 8. Mandatory vendor /property owner meeting with the Housing /Building Inspection Services for new vendors (so that they understand the new regulations). r -0--- -4 CITY OF IOWA CITY 4W III at MEMORANDUM Date: April 28, 2011 To: Planning and Zoning Commis From: Douglas Boothroy, Director of Hou ' pec Re: Proposed Amendment to the Zoning ode to add Game Day Commercial Vending" Services New Temporary Use "Football The City Council, at its April 18, 2011 informal meeting, decided football game day commercial vending located along Melrose Avenue should be allowed to continue as a temporary use under performance standards, and these standards are to be implemented for the 2011 football season. I have attached my April 12, 2011 memo sent to Council, to provide background for the Commission concerning this matter. Council has referred the Zoning Amendment to the Planning and Zoning Commission for consideration and recommendation. In response to Council's action, I have prepared for your review an amendment to the Zoning Code, Temporary Use section (see attachment entitled Article D Temporary Use Proposed Amendment) which would establish the new temporary use "Football Game Day Commercial Vending," provide specific approval criteria, add the definition of tailgating, and exempt tailgating and tailgate parking from Temporary Use permitting requirements. It was Council's direction to limit football game day commercial vending to the Melrose Avenue street frontage to protect the Melrose Avenue Neighborhood from further commercial intrusion into the neighborhood, enumerate life safety standards, and allow no alcohol in conjunction with any temporary commercial use. Also, tailgating would continue to be allowed as a non - commercial, informal, social football game day gathering and tailgate parking without temporary use permit regulation. Recommendation: Staff recommends approval of the proposed amendments to the Zoning Code to establish the new "Football Game Day Commercial Vending" temporary use with approval criteria and allowing tailgating and tailgate parking to continue without permit regulation. The life safety standards have been reviewed and recommended by Police and Fire Departments. The approval criteria is intended to ensure football game day commercial vending remains temporary, limited to the Melrose Avenue street frontage, provides no alcohol, and is safe for all. Thank you for your consideration of this matter. Attachment hisadmlmemldg- PZ042711.doc ARTICLE D, TEMPORARY USES — PROPOSED AMENDMENTS 1. 14 -413-2 Temporary Uses Allowed Amend the Iowa City Zoning Code Title 14- 4 -D -2, Temporary Uses Allowed, to add the temporary use: L. Football Game Day Commercial Vending 2. 14 -4D -3 Permit Required Amend the Iowa City Zoning Code Title 14 -4D -3, Permit Required, to insert the following: A temporary use permit is required for all temporary uses listed in subsection B, above, unless specifically exempted. Tailgating and tailgate parking held on home Iowa football game days do not require a Temporary Use Permit. Procedures for obtaining a permit are contained in Article 14 -813 of this Title, Administrative Approval Procedures. 3. 14 -413-4 Approval Criteria Amend the Iowa City Zoning Code Title 14 -4D -4 to add additional approval criteria for football game day commercial vending. H. Football Game Day Commercial Vending 1. Display permit. Vendors must prominently display the permit and it must be clearly viewable from the public right -of -way. 2. Assignment and use by others. A vendor may not assign its space /permit to any other vendors to use without application and approval of a new temporary use permit. 3. Location. Vendors are only allowed to locate along the Melrose Avenue street frontage from the Iowa Interstate Railway right -of -way to Melrose Circle. 4. Setup/Teardown. Vendors are not allowed to set up before 12:00 p.m. the day before game day and must tear down /remove all equipment and materials after each game. 5. Clean -up responsibility. All vendors must keep any area they vend at litter -free and shall remove litter from any adjacent public property /right -of -way. Vendors shall provide a trash container with unfilled capacity at all times. Disposal unit will be provided for liquid waste (oil, grease, grey water, etc.). Liquid waste cannot be placed in gutters, port-a -johns or in the ground. 6. No blocking of sidewalk/right -of -way. No vendor shall block or obstruct the free movement of pedestrians or vehicles on a sidewalk, street, or other public right -of- way. Tents /stands must be set back at least 2 feet from the back edge of public sidewalks. 7. Signage. Vendor signage must be approved by the City. Vendor signage is only allowed on the vendor's stand /vehicle /tent, etc. and is not allowed on utility poles across the public sidewalk, on buildings or as yard signs. No electrically lit signs will be allowed. 8. Sales tax permit. Each vendor whose sales will be subject to sales tax must provide a copy of their sales tax permit. 9. Insurance /indemnification. All vendors must provide to the City evidence of comprehensive general liability insurance of $500,000 per occurrence and $1,000,000 aggregate and must indemnify the City against all damages that may result from the vendor's permitted temporary commercial use and /or the vendor's use of the public right -of -way. 10. Fire extinguishers. All vendors must provide at least one five pound, 2A 10 BC extinguisher that is functional and accessible at all times. 11. Health permits. All food vendors must secure necessary health permits from the Johnson County Department of Health and prominently display the permit so it is clearly viewable from the public right -of -way. 12. Cooking tents. All cooking tents (regardless of size) must be approved by the Fire Code /Building Official. Cooking tents will be required to be separated from other tents, parked vehicles and lot lines. LP containers exceeding 96 pounds require approval from the Fire Code /Building Official. 13. Tent size. All tents and membrane structures having an area in excess of 400 square feet shall not be erected or operated for any purpose without first obtaining approval from the Fire Code /Building Official. 14. Alcohol. No alcohol is allowed in conjunction with any temporary commercial use. 15. Utility Location. Any tents and membrane structures using stakes or similar ground attachments must call for utility location at least 24 hours before setup. 16. Violation of these provisions. Any violation of the temporary use permit conditions will result in a civil citation and loss of the temporary commercial use permit for the current football season. Also, the property owner will lose the right to replace the commercial vendor on the site during the football season. 4. 14 -9A Definitions Amend the Iowa City Zoning Code Title 14 -9A, Definitions, to add the definition of tailgating. Tailgating: A home football game day informal social gathering that is non - commercial and includes eating and drinking beverages (alcoholic and non - alcoholic) as part of the activities. Tailgating events do not provide for the sale of alcohol and /or admission charged for alcohol and /or giveaways of food, beverage or promotional item(s) or the sale of any goods and /or services and /or providing services. Tailgate temporary parking that is unimproved and located on private property is allowed during tailgate events. hisadm /amend 14- 4D -3.d oc r -0=-4 CITY OF IOWA CITY �.' . , � RAN DUM M EMU Date: April 12, 2011 To: City Manager From: Douglas Boothroy, r si Re: Regulating Melrose Av n e Football ISSUE: d Inspection Services Day Commercial Vending The code enforcement issue is whether football game day commercial vending in the Melrose Avenue area should be allowed to continue under performance standards, or whether to enforce the current zoning provisions which would prohibit commercial vending. This issue is about commercial vending and not about tailgating. Tailgating is considered an informal, social football game day gathering that is non - commercial, and temporary tailgate parking would continue to be allowed during a tailgating event as long as the parking is unimproved. This memo provides background, options, and recommendations for Council's consideration of this matter. BACKGROUND: Temporary Commercial Use Vending Temporary commercial vending activities (e.g., food and retail sales) have been occurring for many years along Melrose Avenue near Kinnick Stadium (see attached vending location map) on football home game days. This area is zoned RS -5, Low Density Single - Family Residential, and developed as Residential. The zoning regulations are intended to maintain, promote and protect the livability of the neighborhood. The RS- 5 zoning allows for some non - residential uses that contribute to the livability of the residential neighborhood (e.g., parks, schools, religious institutions and daycare facilities) but does not allow for any other commercial use. In addition, the Melrose Neighborhood is an historic district as designated on the National Register of Districts. In 2008, the Council, as part of the Iowa City Historic Preservation Plan, included the goal to establish the Melrose Neighborhood area as a local historic district. The neighborhood historic district is intended to protect, preserve and stabilize the neighborhood. Recent commercial activities of the "Stadium Club" (Commercial Use with Alcohol), relocation of the "Magic Bus" (live music with alcohol) and "Game Day" (Commercial Retail) tent stake puncturing a natural gas line raised serious neighborhood and life safety issues. Thus, the question of how to regulate commercial vending activities along Melrose Avenue needs to be resolved. Under the current zoning ordinance, any commercial vending that occurs along Melrose Avenue without a Temporary Use Permit would be considered illegal. April 12, 2011 Page 2 Temporary Use Permit The Temporary Use provisions of the Zoning Code (see attached temporary use regulations) would allow the City to issue a temporary use permit for those short-term uses that are temporary and determined by the Building Official to be compatible. Temporary uses have no inherent rights within the zone in which they locate and can be terminated and removed immediately with no permanent improvements allowed to a site. No temporary use permit has been issued for any commercial vending along Melrose Avenue. In the fall of 2010 the "Stadium Club" applied for a temporary use permit and was denied due to several issues, including zoning violations, permanent site improvements, and the determination the use was not compatible with the neighborhood. The "Magic Bus" did secure a temporary use permit to relocate to a site south of Benton Street. These temporary use permit considerations were an interim measure until discussion could be had by the Council concerning the future of commercial vending in the Melrose Avenue Neighborhood. Melrose Avenue Neighborhood Association Recommendation On March 24, 2011 the Melrose Avenue Neighborhood met with staff to discuss commercial vending along Melrose Avenue. At the meeting, the Melrose Avenue Executive Committee (13 residents) read a statement strongly recommending elimination of any commercial vending along Melrose Avenue. The Executive Committee's recommendation and rationale is attached to this memo. However, attendees at the meeting were divided as to whether or not commercial vending should be allowed so long as it is regulated. Residents supported the Executive Committee's recommendation and non - resident property owners supported continuation of commercial vending. DISCUSSION: A staff committee was created with representation from the City Manager's Office, Legal, Fire, Police, City Clerk and Housing Inspection Services. The Committee's purpose was to identify the options and make recommendations concerning the regulation of commercial vending along Melrose Avenue. A consensus was reached concerning the following options and recommendations: OPTION 1 — No change in the City's current enforcement practice Comment: In past football seasons, the City enforced no permanent site improvements and prohibited vendor setup before 12:00 p.m. on the Friday before game day and required tear - down /removal of all equipment and materials after each game. The "Stadium Club" activities, "Magic Bus" relocation, and "Game Day" tent stake situation has raised issues that require full compliance with the Zoning Code (i.e., temporary use provisions). Temporary use permits for commercial vending were not issued; therefore, the commercial vending was illegal. This option does not enforce the Zoning Code or adequately protect the neighborhood and those attending game day activities. OPTION 2 — Enforce the Zoning Code to prohibit temporary commercial vending activity along Melrose Avenue Comment: Under this option the City would be enforcing the current zoning requirements and would no longer tolerate ongoing commercial vending. This would be consistent with University April 12, 2011 Page 3 Heights' prohibition of commercial vending in their residential area along Melrose Avenue. It is consistent with the RS -5 zoning, and the recommendation of the Melrose Avenue Executive Committee. This option protects the neighborhood and its livability. It is the easiest option to enforce. However, neighborhood non - resident property owners do not agree with the Executive Committee's recommendation and wish to see commercial vending continue. OPTION 3 — Amend the Zoning Code to allow commercial vending only along Melrose Avenue on football game days (i.e., limited to the Melrose Avenue street frontage) without alcohol, and subject to a football game day temporary commercial use permit under performance standards. Comment: This option allows commercial vending to continue but only by permit if all performance standards are met, and any violation could result in loss of a permit and the right to engage in commercial vending. All vendors /property owners would need to comply with the conditions and standards of the temporary use provisions of the Zoning Code as well as any additional restrictions adopted by Council. Attached to this memorandum are some recommended commercial vending performance standards. This option is not consistent with the recommendation of the Melrose Avenue Executive Committee. It is difficult to enforce and would involve considerable enforcement expense (e.g., Friday, Saturday, Sunday and Monday inspections). If this option is selected, a permit fee should be established to fully cover the cost of enforcement as well as any neighborhood cleanup costs. The Zoning Code would need to be amended to add provisions for a "football game day temporary use permit" with performance standards. An amendment to the Zoning Code would need to be referred to the Planning and Zoning Commission for their recommendation. This option may open the door to allowing Temporary Commercial uses in other residential neighborhoods. RECOMMENDATIONS: Past enforcement practices (Option 1) do not adequately protect the neighborhood and enforce the Zoning Code; therefore, Option 1 is not recommended. Enforce current zoning regulations to stop commercial vending in the Melrose Avenue Neighborhood (Option 2). This option best protects the residential character, livability, and viability of the neighborhood. It's consistent with the Melrose Avenue Executive Committee recommendation, RS -5 zoning, enforcement in other neighborhoods, and the 2008 Historic Preservation Plan. Option 2 is recommended. Amend the Zoning Code to establish a new "football game day" temporary use permit under performance standards (Option 3). This option allows the continuation of commercial vending. The performance standards would address neighborhood compatibility and life safety issues. Enforcement would be difficult and expensive but fees could be established to cover costs. However, the Melrose Avenue Neighborhood Executive Committee is strongly opposed to this option because ongoing commercial activity is destructive to the livability of their neighborhood. Ongoing commercial vending is contrary to what is allowed in other single family neighborhoods, the RS -5 zoning and the 2008 Historic Preservation Plan. It has encouraged speculation in RS -5 residential properties in the Melrose area for their commercial potential (e.g., 817 Melrose Avenue 2007 -2010 assessment was $179,290 and it sold for $500,000; properties at 3, 5 Triangle Place and 805 Melrose 2007 -2010 total assessment was $427,920 and they sold for a total of $1,080,000). Allowing ongoing commercial vending affects how people think of the neighborhood and will define its future. Option 3 is not recommended. hisad m /mem /dg- markus032511. doc Melrose Commercial U ~e Activity ` ' | parking � stadium � ^----- Melrose Ave 18171516 14 1012 2224 1921 - 23 25 t 20 18w 801 607 71 10, CD Ln Zn 10 F7 2 9 F3 07 5 qNP Commercial Uses 1. Suburban Sports 15. Impr inted Sportsware University property 2. Imprinted Software 16. Rage Graffix Signs 8kScreenphnting 3. VVi|dvvoodSnnokehouse 17. Yo|anda's Egg Rolls 4. Tri-Cana 18. Jerry &MargiesCatering 5. Bruviasey's 18a. Gyros-Tom Paulsen G. Big Ass Turkey Leg 19. Kingdom Graphics 7. Cnagar's[]gars 30. Big Mike's Grill 8. Custom Appare|| 20a. Stadium Club 9. Corridor Sports 31. Giant Tenderloins 10. Aladdin Restaurant 22. Pizza OnWheels 11. Hani'yGri|| 23. GanneUayIowa 12. InnprintedSportswane 34. Cragar'aCigars 13 The Bag Do|| Z5. Ricky's / \ ' ` | ) 14. Wright's Pins CH Y OF 10 ,~ ,~^^ PAGE 4D -1 144D Temporary Uses Article D. Temporary Uses Purpose The purpose of the Temporary Use regulations is to allow short-term and minor deviations from the requirements of this Title for uses which are truly temporary in nature, will not adversely impact the surrounding area and land uses, and which can be terminated and removed immediately. Temporary activities are characterized by their short term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses have no inherent rights within the zone in which they locate. 14-4D-2 Temporary Uses Allowed The following temporary principal and accessory uses are allowed, subject to approval by the Building Official through the temporary use permit process described in this Article and any conditions specified herein: A. Outdoor display and sales of merchandise within commercial districts, including merchandise customarily sold on the premises by a permanently established business; B. On- and off -site contractors' construction yards in conjunction with an approved development project; C. Construction activities pursuant to a valid building permit that temporarily violate the Performance Standards contained in Article 14 -5H of this Title; D. Temporary auto sales lots; E. Christmas tree sales lots; however, a permit is not required when such sales are in conjunction with an established commercial business, provided such activity occurs only from November 1 through December 31; F. Circuses, rodeos and carnivals; G. Fairs, festivals and concerts, when not held within premises designed to accommodate these types of events, such as auditoriums, stadiums, or other public assembly facilities; H. Temporary parking areas in conjunction with a permitted use; I. Halloween haunted houses for 15 to 45 days, one. event per year; I Real Estate Sales Centers and model homes, provided the center or use of a home as a model is discontinued when the number of dwelling units remaining to be sold is less than 10 percent of the total number of dwelling units approved for the development or 5 units, whichever is less. Employees at the approved real estate center are limited to the minimum number necessary to show and sell the dwelling units within the same development. The hours of operation are limited to the hours between 8:00 A.M. and 9:00 P.M. K. Other temporary uses which, in the determination of the Building Official, are compatible with the zone and surrounding land uses. Title 14: Iowa City Zoning Code Revised 07 -06 -09 PAGE 4D -2 14 -4D Temporary Uses Permit Required A temporary use permit is required for all temporary uses listed in subsection B, above, unless specifically exempted. Procedures for obtaining a permit are contained in Article 14 -8B of this Title, Administrative Approval Procedures. 14-4113-4 Approval Criteria m A temporary use permit will be approved, approved with conditions, or denied by the Building Official within 10 business days after submittal of a complete application. A temporary use must meet the following approval criteria: A. The proposed use is temporary or seasonal in nature and will not continue for more than the time period specified in the application. Except for temporary uses specifically approved for longer periods, such as model homes or real estate sales offices, temporary uses must not continue for more than 180 days for outdoor temporary uses or 1 year for temporary uses within a building; B. The proposed temporary use will not necessitate permanent improvements to the site; C. The site is physically suitable for the type and intensity of the proposed use; D. The proposed temporary use is compatible with the land uses presently on the site and with existing land uses in the general area; E. There is adequate provision for public and private utilities and services to ensure that the proposed temporary use will not be detrimental to public health and safety; F. There is adequate provision for public and emergency access to serve the proposed temporary use; and G. Any impacts of the proposed temporary use are mitigated. 14-4113-5 Condifions of Approval In approving an application for a temporary use permit, the Building Official may impose conditions deemed reasonable and necessary to ensure that the permit will be in accordance with the approval criteria required by this Article and to satisfy public needs directly caused by the proposed temporary use. These conditions may involve any pertinent factors affecting the operation of such temporary event or use, and may include, but are not limited to: A. Provision for a fixed period of time, not to exceed 180 calendar days for a temporary use not occupying a structure, including promotional activities, or one year for all other uses or structures, or for a shorter period of time as determined by the Building Official; B. Provision for temporary parking facilities, including vehicular ingress and egress and appropriate circulation. Parking required for temporary and principal commercial uses may be reduced up to 10 percent if sufficient evidence is presented that parking will be adequate to meet the demand for the proposed temporary use and any permanent uses on the site; C. Regulation of nuisance factors such as, but not limited to, prevention of glare, light trespass, noise, vibration, smoke, dust, dirt, odors, gases, or heat that create a nuisance or safety hazard for neighboring properties; Title 14: Iowa City Zoning Code Revised 07 -06 -09 PAGE 4D -3 14 -4D Temporary Uses D. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards; E. Provision for sanitary and medical facilities; F. Provision for solid, hazardous and toxic waste collection and disposal; G. Provision for security and safety measures; H. Provision for regulation of signs; I. Regulation of operating hours and days, including limitation of the duration of the temporary use; J. Submission of a performance bond or other surety device to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition; K. A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of the Federal, State and City Code; and L. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this Article. Title 14: Iowa City Zoning Code Revised 07 -06 -09 To: Members of the Planning and Zoning Commission From: Jean Walker, Melrose Neighborhood Association Representative Date: April 29, 2011 Re: Commercial Vending on Melrose Avenue on Football Game Days Attached are four documents concerning the commercial vending on Melrose Avenue on football game days: 1. Statement from the Executive Committee of the Melrose Neighborhood Association given, by Jean Walker, to Doug Boothroy, Iowa City's Director of Housing and Inspection Services, March 24, 2011 at a meeting with him, members of the Melrose Neighborhood and Vendors March 24, 2011 (Vending11_03- 24.docx) 2. Statement submitted, by Jean Walker, to the Iowa City City Council Work Session, April 18, 2011 (Vend ingCouncilWorkSession11 _04- 18.docx) 3. Statement submitted, by Jean Walker, to the Iowa City City Council Formal Meeting, April 19, 2001 ( VendorsCityCouncil11 _04- 19.docx) 4. Map of vendors' locations, from a memo from Doug Boothroy to Iowa City City Council (VendorsMap 11 _03 -24. pdf) Summary of topic: After consultation with various city officials and after a 03/24/11 meeting with the Melrose Neighborhood and vendors, Mr. Boothroy presented a memo to the City Council with the recommendation that the vending be banned. The Executive Committee of the Melrose Neighborhood Association concurred (see 1. above). Just prior to the Council's 04/18/11 work session, the Melrose Neighborhood presented the Council a statement (see 2. above) where the neighbors suggested there were alternate locations for the vendors, that are still beside the Stadium and described one in detail. They also outlined why commercial vending should not be on the south side of Melrose Avenue. Few, if any (except Mayor Hayek) had a chance to read this statement prior to the work session (where there was no public input) and thus were unaware of the alternate location proposed and they said that they thought the vendors should stay in their current location and they directed Mr. Boothroy to draw up regulations for the vending. The regulations would go to the Planning & Zoning Commission for their input before going back to the Council for public input and, for the first time, their vote. At the 04/19/11 formal City Council meeting, the Melrose Neighborhood presented the Council a statement (see 3. above) that clarified that they were not against having vendors on game days but stating that they did not want them located along houses in the historic neighborhood. The statement also said: "Because time is pressing, we suggest that the vendors remaining where they are for the next year or two, with temporary use permit regulations in place, with the understanding that an earnest effort is made, with cooperation of the City, the University of Iowa, and the Neighborhood, to find an alternate location that is outside of the historic Melrose Neighborhood." Amendments to regulations requested by the Melrose Neighborhood Having seen a draft of the regulations that Mr. Boothroy has prepared, the neighbors would like the following amendments (though these amendments might not be comprehensive at this time): 1. We would like the location of the vendors to be curtailed to extend only to 711 Melrose Avenue (see the map, which is attachment 4.), rather than extending to Melrose Court. 711 is the current extent of all but one of the vendors and that one vendor is currently on the public right -of -way. 2. There must be adequate toilet facilities. This aspect of game days needs to be addressed in relationship to vending (as well as the overall game days) and in consideration of these regulations by the Planning & Zoning Commission. We believe that it is the responsibility of the University of Iowa to provide these facilities. 3. There have been various complaints about the improper disposal of turkey legs and shish kabob sticks. These items are injurious to pets and wildlife. We would therefore like these items, especially the shish kabob sticks to be banned. We believe that the food on these sticks could be vended in an alternate manner. Our preference would be that the turkey legs also be banned, or at the very least that the vendor have a very prominent notice on his stand to remind people of the proper disposal of them. All vendors, and especially food vendors need to have adequate waste containers. However, we realize that part of the problem of improper disposal is that there are not enough waste receptacles throughout the whole neighborhood, particularly along the length of Melrose Avenue east of the bridge to University Heights and that this needs to be addressed as a separate issue from the vendors. 4. Our preference would be to have all foodware items and beverage containers be biodegradable /compostable and that recycle containers be provided for their disposal, either by the vendors, the City, or the University of Iowa. Also the food vendors should be encouraged (at each mandatory vendor /property owner meeting) to use raw ingredients that are locally grown. 5. That there be no selling except on game day. COMMERCIAL VENDING ON MELROSE AVENUE ON FOOTBALL GAME DAYS Statement from the Executive Committee of the Melrose Neighborhood Association March 24, 2011 Concerning commercial vending on Melrose Avenue on football game days, the Melrose Neighborhood Association's Executive Committee requests that Iowa City officials uphold the law and that this illegal activity be stopped. The Melrose Neighborhood, which includes a historic district nominated to the National Register of Historic Places, is a fragile neighborhood that needs to be preserved (as stated in various Iowa City documents). Currently, the people who congregate around the vendors' stands, and who walk down Melrose Avenue eating food purchased at those stands, appear to feel free to discard trash and uneaten food at will along and on the properties on the Avenue. There appears to be a herd mentality that shows an utter disrespect for the neighborhood, a disrespect that one would hope people would not exhibit in their own neighborhoods. For too long, this behavior has been allowed to occur unchecked. This vending on Melrose Avenue is an invasion of the neighborhood, which is zoned RS5 (residential), and it affects its character adversely. It is destructive in that it creates a huge mess on the street and on the adjacent properties, and though in recent years a better effort has been made to clean up (most of) that mess in a somewhat timely manner, it still encourages disrespectful behavior and generates lingering harm to the properties in terms of tents, carpets, and people destroying the lawns. Few, if any, vendors have supplied trash containers for the by- products of their sales with the result that trash is strewn on the street, sidewalks, and properties. Of particular concern are the turkey bones and the shish kabob sticks that pose a threat to the lives of neighborhood pets and wildlife. Carelessly discarded broken -off wooden shish kabob sticks with remnants of food attached have been found and are a life - threatening hazard. In addition, extreme congestion of the street occurs because people are attracted to the stands from the stadium on the other side of the street and people tend to congregate around the vendors' stands. The neighborhood's request to have this illegal activity stopped is corroborated by the fact that University Heights upholds a ban on commercial vending in their city. Commercial vending on football game days occurs due to the University of Iowa's football games. We therefore believe that if commercial vending is to continue in the vicinity of the stadium, the University should take responsibility for any such activity so that it does not impinge on, and adversely affect, the Neighborhood. We would propose that any such vending could occur in an area of the stadium parking lot. In addition to eliminating the trash and the destruction of the Neighborhood, such a placement of the vendors should greatly diminish the congestion on Melrose Avenue near the stadium. We have heard of various instances, due to this congestion, when people could not reach the adjacent UI Hospitals and Clinics in a timely manner in an emergency or when people have had problems getting to work at the UIHC. Most importantly, diminished congestion would facilitate the access of fire trucks, ambulances (particularly going to the UIHC), police vehicles, and any other emergency vehicles to the area. Reduction of this congestion on Melrose Avenue, which is one of the main arterial streets of Iowa City, is thus a safety concern. For all of the above reasons, we request that the illegal vending on Melrose Avenue be stopped. Melrose Avenue Vendors Iowa City City Council Meeting, April 19, 2011 Comments by Jean Walker, Melrose Avenue Neighborhood Representative I want to make it very clear: The Melrose Avenue Neighborhood is not opposed to the vendors. Yes it would be crazy to ban them. The problem is their location. We have come up with several alternate locations that address many of the issues brought up by the City Staff and the Neighborhood. Bottom line: we feel that the Council is moving ahead too fast on this topic without sufficient knowledge (for example of the alternatives) and without sufficient input from the neighbors. So we are asking for time for further discussion by the Council and further public input. Let's not rush this through, but let's get it right - take time to look at the alternate locations. Because time is pressing, we suggest that the vendors remaining where they are for the next year or two, with temporary use permit regulations in place, with the understanding that an earnest effort is made, with cooperation of the City, the University of Iowa, and the Neighborhood, to find an alternate location that is outside of the historic Melrose Neighborhood. City staff has stated that the highest priority is protecting the neighborhood, and moving the vendors to an alternate location close to the Stadium would help do that. So now is the time to come together to make this a win - win - win -win situation for the City, the fans, the neighbors, and the vendors. Putting all other considerations aside, we respectfully request that you to answer this question: If a nearby alternate location was found for the vendors outside the Melrose Neighborhood, is there any reason why it should not be used? (Presentation of alternate locations.) I have already submitted to the Council a document that lists the many positive aspects of these alternate locations and summarizes the reasons that vending should not be on the south side of Melrose Avenue. Responses to comments made by City Council members: The UI needs to be involved. I was shocked that the statement would be made that "the UI wouldn't allow vendors on their property" — without even asking them. Just because people don't do what they should do, should they be allowed to avoid their responsibility? At other events in the City, the entity is held responsible for activities associated with its event. The UI should not be an exception. Some of the vendors have expressed the opinion that the UI should put up sufficient trash cans and portapotties so that those issues are not a problem. The notion that the UI is a good neighbor is a broad generalization — each topic needs to be assessed separately to see if that applies. The UI has not been a good neighbor in several instances as regards football games and the Melrose Neighborhood. For example, it took two years of persistent emails for the UI to supply portapotties to alleviate the urinating, throwing up, and defecating on Lucon Drive and nearby areas. Response came only when the parents of toddlers at one of the daycare centers learned that people were defecating behind that center and wrote to the UI. Subsequently 5 portapotties were supplied by the UI and lines of as many as 20 people waiting to use them were observed. If the UI was a good neighbor they would step forward, show concern for the Neighborhood, and offer to help, rather than wait in the background and have- the City, neighbors, fans, and vendors solve their problems. They even have a Department of Urban and Regional Planning that should be a great help in this matter. It is not surprising that the City received many emails etc. from people against banning the vendors. There are hundreds of thousands of fans and much fewer neighbors. We are sick of the phrase to the effect that neighbors knew the Stadium was there and that it would involve commotion. Many of us have lived here for decades and football game days are very different (in a negative way) from when we moved in, in large part because neither the City nor the UI has not intervened to stop various illegal activities. (Side note: This neighborhood was first established in the 1850s, well before the stadium was built.) Selling parking spaces and selling turkey legs is not the same. The vendors attract large crowds of people. VENDING ON MELROSE AVENUE DURING FOOTBALL GAMES 04/18/11 Comments submitted to the Iowa City City Council meeting by jean Walker, Melrose Neighborhood Association Representative THE NEIGHBORHOOD IS NOT AGAINST HAVING VENDORS ON FOOTBALL GAME DAYS, (provided they are regulated to avoid the problems currently associated with them). However we are very strongly opposed to having the vendors in our historic Neighborhood and particularly in their current position where the main arterial street that is Melrose Avenue is turned into a sidewalk, and emergency vehicles have great difficulty passing through. A NEW LOCATION THAT SHOULD PLEASE MOST OF THE PEOPLE AND ENTITIES AFFECTED: We have therefore come up with a new location that should please most of the people and entities affected: The ideal location for the vendors is in the Ul parking lot next to Kinnick Stadium. A UI official has indicated that that is not possible at this time because the UI has a contract with a couple of vendors which excludes other vendors on Ul Athletics property. This contract expires in 2016. So, unless the contract is modified before then, the vendors would have to wait until then to be accommodated in that area. In the meantime, the neighborhood has found a couple of other win -win locations that could be used until the parking lot is available. Probably the best one is along Hawkins Drive right across from Kinnick Stadium along Parking Ramp 2, where there is a 15 foot grassy area and a wide sidewalk backed by a grassy slope. (See attached map and photos -if available.) Advantages of this location: 1. It avoids the congestion across Melrose Avenue, thus allowing emergency vehicles a clearer path. 2. It makes the job of police, fire and ambulance workers a lot easier. 3. It is just around the corner from the current location, but still just across the street from Kinnick Stadium. 4. It gives greater protection for the historic Melrose Neighborhood. The favored location does not involve any residences. 5. It gives the Ul an opportunity to take responsibility for some of the activities generated by their football games, and the City would not have to spend the money and people resources to police the area and enforce any regulations. 6. The Ul has stated in the past that it supports historic preservation and also that it wants to have good relations with its neighbors. By taking care of this problem, they will achieve both goals. 7. It stops the inflation of property prices in the Neighborhood that is based on speculation of monetary gain from commercial vending. Inflated prices would make home purchases in the Neighborhood out of reach for most people. 8. It removes some of the trash concerns generated by vending activity, including the perception that it is okay to trash the Neighborhood. 9. There might be some congestion of Hawkins Drive (though less because the vending area there is more open than the current one). Also, Hawkins Drive is not a main arterial of Iowa City, or one that leads directly to the UIHC Emergency Room, as opposed to Melrose Avenue. That section of Hawkins Drive could be closed to all but official traffic during the vending period. Note that access to the hospital entrance is still available from both ends of Hawkins Drive. WHY COMMERCIAL VENDING SHOULD NOT BE ON THE SOUTH SIDE OF MELROSE AVENUE: -- WE SHOULD NOT EVEN BE HAVING THIS CONVERSATION. VENDING ON MELROSE AVENUE IS ILLEGAL. THE MELROSE NEIGHBORHOOD IS ZONED RESIDENTIAL. IF THE CITY HAD BEEN DOING ITS JOB, WE WOULDN'T BE HAVING THIS CONVERSATION. -- The City has not enforced this regulation through the years and has let it get out of hand. It has become much worse over the years. Instead of contemplating allowing the vending to continue, the City should apologize to the Neighborhood and enforce the ban on vending. Now is the City's chance to make up for their years of neglect in not enforcing that regulation. -- The vendors should be glad they have not been fined for their illegal activity. -- If the City allows commercial vending on Melrose Avenue, it is simply rewarding the illegal activity of the vendors, while undermining the very hard work that the Neighborhood has put in concerning historic preservation - a slap in the face indeed. The City failed to protect our neighborhood and instead dealt it a double injury - instead of prosecuting the vendors, the city allowed them and then did not even control them. -- The City has, in various of its documents, stated that the Melrose Neighborhood is fragile and needs to be protected. Allowing the vending to continue goes against those statements and would be detrimental to the fragile historic Neighborhood. We ask the City to follow -up what it has said about protecting the neighborhood with what it will do, i.e., ban vending in the Neighborhood. -- What is the City's view of our neighborhood - a quiet residential neighborhood (for which it is zoned) or a place where one has commerce - not even orderly commerce but commerce that trashes the neighborhood? -- If the City allows this vending to continue, it means that the City is anti - preservation (in contrast to what it has said in the past in various documents) and condones these negative activities. Does the City want vendors to make money or does it want to preserve a neighborhood? -- Allowing vending affects how people think of the neighborhood and negates our huge effort to establish a historic district nominated to the National Register of Historic Places. -- Instead of seeing how the City can facilitate this commerce with all its downside, the City should be seeing how it can protect the neighborhood. We've suffered years of this abuse. Don't "reward" us with allowing it to continue. -- I doubt that the Council members would like people to come into their (historic) neighborhood and set up stands and let people stand in the middle of the street and toss trash that could injure /kill your pets? And then the City says "Okay, it's illegal but, never mind, it's fun and the people coming from all over town want it ". -- Are you for civility and protecting neighborhoods, especially fragile historic neighborhoods, when the rare opportunity arises for improvement, or are you for standing by, throwing your hands in the air and saying "we can't do anything" and let mob rule rule? Is anyone brave enough to stand up and protect us? Iowa City could be a model for others. Alternatively, there must be other cities with football stadiums that do it a lot better (and would not tolerate our situation). Perhaps the City could look for better models. University Heights is already a better model, both in not allowing commercial vending on Melrose Avenue and controlling the littering and trash. - Trashing our neighborhood is unacceptable behavior. -- Football game days are in essence intense abuse of our neighborhood 7 or 8 days a year (not counting the partying the day prior to the games). How much abuse should to be tolerated? Isn't once too much? Would you tolerate abuse elsewhere? Abuse of our neighborhood has got to stop and enforcing the law against this illegal commercial vending, with its accompanying trash and congestion etc., is a start. -- Commercial vending for football games could be the thin edge of the wedge as regards such vending on other occasions. -- The situation is getting worse. There are now at least 25 commercial vendors, the overwhelming number coming from outside the neighborhood and some even from out of the State. It is not a "mom and pop" endeavor. These people probably are not thinking of it as a neighborhood and are unlikely to care about its preservation. To them it is just a piece of commercial real estate, a place to plunder for monetary gain. Vendors coming from Wisconsin - do they care about the neighborhood? How many vendors are owner- occupiers? These vendors should not be telling the neighborhood what we should accept. -- It's heartbreakingly depressing to have our neighborhood turned into a disgusting mess and to drive down Melrose Avenue after a game and see our beautiful historic neighborhood trashed. But it's not just a trash concern. It's about congestion, destruction, and total disrespect of our neighborhood. -- This is a once -in -a lifetime opportunity - please don't blow it. It's a "knife- edge" decision. It is in your power to choose good for this neighborhood. Once the genie is out of the bottle.... -- Finally, the Ul, whose event has generated this problem and which should have a vast amount of intellectual power at its disposal (including a Department of Urban and Regional Planning), should be coming up with a location to host the vendors that does not include the fragile historic Melrose Neighborhood. Melrose Commercial Use Activity stadium hospital i Melrose Ave parking ramp Commercial Uses 1. Suburban Sports 15. Imprinted Sportsware /5 University property 2. Imprinted Software 16. Rage Graffix Signs & Screenprinting 3. Wildwood Smokehouse 17. Yolanda's Egg Rolls 4. Tri -Care 18. Jerry & Margies Catering 5. Bruvissey's 18a. Gyros -Tom Paulsen 6. Big Ass Turkey Leg 19. Kingdom Graphics 7. Cragar's Cigars 20. Big Mike's Grill 8. Custom Apparell 20a. Stadium Club 9. Corridor Sports 21. Giant Tenderloins 10. Aladdin Restaurant 22. Pizza On Wheels 11. Hani's Grill 23. Gameday Iowa 12. Imprinted Sportsware 24. Cragar's Cigars 13. The Brown Bag Deli 25. Ricky's Roadhouse 14. Wright's Pins CITY OF IOWA CITY e-d Iowa City City Council Meeting FILED June 21, 2011 JUN 21 2011 Submitted by Jean Walker, Melrose Neighborhood Representative Iowa y Clerk lawa These comments are summarized and amended from a presentation to the May 5, 2011 meeting of the Planning & Zoning Commission. To summarize, the Neighborhood is, of course, not against having vendors at football games, it's their location that's the problem. The memo from City staff to the Council, suggesting that the vendors be removed from their current location, was an attempt, as the City's highest priority, to protect the neighborhood, but the Council did not accept this attempt. The neighborhood suggested to the Council alternate locations for the vendors, on University of Iowa property. However, without an exploration of alternate locations, the Council requested City Staff to draw up regulations for vending in the current location in time for the next football season. The neighborhood responded that in doing so there should be an understanding that, in the meantime, exploration of alternate locations (outside the historic Neighborhood) should be undertaken by the City, the UI and the Neighborhood. So these regulations, while welcome to help alleviate some of the neighborhood's game day problems, need to be seen in the context of the possibility of the vendors eventually being relocated. However, the disrespect and incivility shown the neighborhood in general on football game days is a much larger problem than the vendors. For example, it is heartbreakingly depressing to have our neighborhood turned into a disgusting mess and to drive down Melrose Avenue after a game and see our beautiful historic neighborhood trashed. But it's not just a trash concern. It's about congestion, urination, vomiting, defecation, and destruction of property, i.e., total disrespect of our neighborhood. We have a serious problem here. It is time that the City, the University, and the Neighborhood sat down together for a comprehensive review of football game days to see how it can be made a more pleasant experience for everyone involved. It is our opinion that the UI has not been a good neighborhood concerning football game days. It has taken actions that have exacerbated the problems, such as banning drinking in the stadium (except in the Press Box), without making any contingency plans to protect the Neighborhood, and has allowed us to suffer the consequences for years. The UI needs to be proactive to protect the Neighborhood. Currently it has barely been reactive. For example, it took them two years (of constant requests from the Neighborhood) to provide portapotties so that football fans would use them rather than behind one of their daycare centers. The Planning and Zoning Commission has said that the UI has the primary responsibility for cleaning up these unacceptable conditions and recommended that city staff meet with UI officials to develop a plan. That is great except for one thing - one major stakeholder is missing - the Neighborhood. Who best knows what is needed in the neighborhood than the neighbors? We therefore ask that the Neighborhood be included as an equal participant in the planning for improvement of game days. There are already various positive precedents for Neighborhood involvement in other neighborhood issues. I have broached the City Manager on the topic of having a comprehensive review (with the Neighborhood and the UI) of all football game day matters affecting the neighborhood. He said he would require a directive from the City Council for this to occur. We are now asking for this directive. Though the UI should take primary responsibility, the negative aspects of game days have not been satisfactorily contained by the City either. Therefore, we ask for a comprehensive review of game days to see how things can be done better for the enjoyment of eveuo_n_e_ including those who live in the neighborhood and have borne so much for so long. As regards the regulations themselves we ask for the following amendments• 1. While in the present location, vending be curtailed to the area of Melrose Avenue between the bridge at University Heights and 711 Melrose Avenue, where 24 of the current 25 vendors are located. 2. The University supply an adequate number of portapotties and trash cans along Melrose Avenue and throughout the neighborhood. 3. For the protection of our pets and the neighborhood wildlife, the shish -kabob sticks (or any other life- threatening foods) be banned, especially as the vendor could come up with an alternate way to serve that food. If not seen as a humane issue, this matter should be considered as a liability issue, now that it has been raised in public on a number of occasions. On this topic, I (as a 38 -year resident in the neighborhood) and others resent being told by a vendor, coming into the neighborhood to make a profit selling dangerous items, when I should walk my dogs, when the vendor is under the erroneous impression that these items magically disappear from the neighborhood sidewalks etc. two days after the game. 4. For the same reason, if the turkey legs are not banned, the vendor should place a prominent notice on his stand reminding people to dispose of the remains responsibly. In fact all food /beverage vendors should display notices for people to dispose of their trash responsibly. 5. Please add that there be no selling except on game day. 6. Have clear -up by noon the day after the game (rather than by Monday morning). 7. Mandatory vendor meeting with the Housing /Building Inspection Services for new vendors (so that they understand the new regulations). FILED JUN 21 2011 City Clerk Iowa City, Iowa Melrose Commercial Use Activity stadium � hospital ryd� Pa 9 4 ramp u i M 24 19 21 18 171516 14 1012 5 7 9 2 4 Melrose Ave 23 Z5 20 11 13 6 8 3 1 eos 1f{ 20a 6S ? to �t I me .0 I LJ m QN Commercial Uses 1. Suburban Sports 15. Imprinted Sportsware ,ll y University property �h� 2. Imprinted Software 16. Rage Graz Signs & Screenprinting 3. Wildwood Smokehouse 17. Yolanda's Egg Rolls 4. Tri-Care 18. Jerry & Margies Catering S. Bmvissey's 18a. Gym -Tom Paulsen 6. Big Ass Turkey Leg 19. Kingdom Graphics 7. Cragar's Cigars 20. Big Mike's Grill 8. Custom Apparell 20a. Stadium Club 9. Corridor Sports 21. Giant Tenderloins 10. Aladdin Restaurant 22. Pizza On Wheels 11. Hani's Grill 23. Gameday Iowa 12. Imprinted Sportsware 24. Cragar's Cigars 13. The Brown Bag Deli 25. Ricky's Roadhouse 14. Wright's Pins IY OF NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 21St day of June, 2011, at 7:00 p.m. in the Emma J. Harvat Hall of the Iowa City City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution Authorizing Conveyance of 1207 Muscatine Avenue, also described as part of Lot 4 in Carson's Subdivision, Iowa City, Iowa, to an income - eligible family. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 21St day of June, 2011, at 7:00 p.m. in the Emma J. Harvat Hall of the Iowa City City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution Authorizing Conveyance of 1551 Dickenson Lane, also described as Lot 100, Southpointe Addition, Part 5, Iowa City, Iowa, to an income - eligible family. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK 7a, NOTICE OF PUBLIC HEARING Notice is hereby given that the Iowa City City Council will hold a public hearing on the 21st day of June, 2011, at 7:00 p.m. in Emma J. Harvat Hall in City Hall, 410 E. Washington, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the Iowa City City Council thereafter as posted by the City Clerk; at which hearing the Commission will consider a resolution authorizing an agreement to lease 7,995 square feet of space in the basement of the Iowa City Public Library, located at 130 S. Dubuque St., Iowa City, Iowa to the University of Iowa. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE NORTH MARKET SQUARE PARK IMPROVEMENTS PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the North Market Square Park Improvements Project in said city at 7:00 p.m. on the 21th day of June, 2011, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK June 15, 2011 All Members, City Council City of Iowa City 410 E. Washington Street Iowa City, IA 52240 RE: North Market Square Renovation Dear Mayor Hayek and Honorable Council Members, 2011 JUn, 15 Pfd 2.21 CITY CLERI'i 410 VIA, CIYY.10--N*;F As the public hearing regarding the plans and specifications for the renovation of North Market Square approaches us next week, I would like to thank the City of Iowa City for providing improvement funds for the Northside's historic central park. When done comprehensively, investments in neighborhood parks achieve far more than their stated recreational outcomes. They are investments in community, strengthening ties among residents in innumerable ways. The renovation of North Market Square reflects Iowa City's commitment to sustaining the Northside neighborhood. While the planning process has taken considerable time and effort by both City staff and Northside neighbors, the resulting design will provide a wide range of recreational and social opportunities for everyone. Popular existing park uses such as the basketball court and open play lawn area have been retained. Additional play elements have been included in the consolidated children's play area. A perimeter walk provides accessible paths to the park's activities and bench seating. At the park's center, a small plaza and 24' -wide pavilion provide a setting for special neighborhood and performance events. The design provides a diversity of activity while maintaining an overall sense of coherency. With respect to Iowa City's standard procedures during the planning /design phase, I would suggest to Council that capital projects with a high degree of public interest such as North Market Square should be subject to approval by the Council or appropriate Commission at the conceptual, design development and 100% complete phases. In addition to information related to the design proposal, the submittal at each phase would include a cost estimate. If any portion of the project is to be constructed by Iowa City staff, that work should also be provided in the submittal. By instituting these three milestones, the Council /Commission are given an opportunity to review and approve the project's design and scope of work at critical junctures in the planning process, thus ensuring that they are consistent with the various stakeholders' expectations and priorities. The public hearings would also provide interested members of the public an opportunity to express their concerns and support in a timely manner. Thank you again for your support in the renovation of North Market Square. The Northside neighborhood looks forward to the Grand Re- Opening later this year. Sincerely, hn Thomas 509 Brown Street DATE: TO: FROM: RE: City f Iowa City 0154, 41 v yr MEMORANDUM June 20, 2011 Tom Markus, City Manager Ron Knoche, City Engineer,; North Market Square Park Improvement Project Introduction: This project includes redevelopment of the North Market Square Park located at the intersection of North Johnson Street and Fairchild Street. History/Background: This park redevelopment project started with the initial design and development in FY09. The project was delayed to FY10 by the City Council during the FY10 CIP budget presentation and discussion. The schedule was also delayed by the staff change at the Parks and Recreation Director position. When the project resumed, the neighborhood wanted to review and discuss the scope of the project. The review provided changes to the initial concept and design. The concept and design have been reviewed by staff and the plans and specifications have been completed. Discussion of Solution: This project includes the renovation of the North Market Square Park. The renovation includes sidewalk pavement, foundations, lighting, landscaping and a shelter. Parks and Recreation Department will purchase playground equipment, benches and picnic tables after the renovation project is complete. Recommendation: The Public Works Engineering Division and the Parks and Recreation Department recommend approving the plans and specifications for the North Market Square Park Improvement Project. cc: Rick Fosse, Public Works Director Mike Moran, Parks and Recreation Director Dave Panos, Senior Engineer NOTICE OF PUBLIC HEARING ON ORDINANCE AMENDMENTS FOR CONNECTION TO DISTRIBUTION MAIN IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on ordinance amendments for the Connection to Distribution Main in said city at 7:00 p.m. on the 21st day of June, 2011, said meeting to be held in the Emma J. Harvat Hall in City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said ordinance amendments are now on file in the office of the City Clerk in City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK 4 Date: May 31, 2011 To: Tom Markus CITY OF IOWA CITY MEMORANDUM From: Rick Fosse Re: Ordinance Amendment — Connection To Distribution Main Attached is a memo that summarizes the Water Division's desire to amend City Code Title 16, Chapter 3, Connection to Distribution Main, Article C, Section 3. This change is recommended to address water service maintenance and shutoff issues for multi - family units with only one stop box and multiple meters and will allow more flexibility for the owner with regard to the billing for existing multi - family units with no common utility space. Staff recommends approval of the proposed ordinance amendment. CC: Melissa Miller Sara Greenwood - Hektoen Ed Moreno Jude Moss r r�'NI ~ ®4 CITY OF IOWA CITY RAN DUM MEMCJ Date: May 31, 2011 From: Ed Moreno To: Rick Fosse Re: Ordinance Amendment Request — Section 16 -3C -3; Connection to Distribution Main Background Section 16- 3C- 3- B -5a -b of the City of Iowa City Code was amended in 1996 to resolve issues with Water Division personnel accessing water meters in apartment buildings that had only one stop box (outside shut off valve) and multiple water meters when those meters are located in the individual apartment units. At that time, in response to proposed utility rate increases, more apartment complexes were being built and property owners were switching from a single large meter to serve the building to separate meters for each unit. Access to the meter in the units was needed to make any repairs necessary or to inactivate the water service at the meter for nonpayment of bill for individual accounts. The only way to obtain access to the units was to contact and coordinate with the property owner. Due to the reluctance of the property owners to cooperate with this access, the Code was amended to assist with all future construction. The amendment to the code remains in effect today and allows the property owner to choose one of several options for a new building or if an existing building is modified from one metered account to two or more. • A building with more than one unit may either have one water meter installed to service the building or may request separate meters. • If separate meters are requested, there must be either an outside stop box (shut off valve) for each metered account or the meters must be located in a common utility room with outside access. The owner is required to furnish a key or key code to allow Water Division personnel access to the water meter as needed. • If the property owner chooses not to meet these conditions, all metered accounts stay permanently in the property owner's name and the property owner is responsible for the billing. Separate bills are furnished for each account but they are sent to the property owner. The property owner receives notification of any delinquent bills or meter issues. Unpaid bills on any of the accounts could result in discontinuation of the water service at the common stop box. Since the modification of the Code, 47 properties have been built or modified that are required to remain in the property owner's name. Most are 2 -3 unit buildings with the largest building being 41 units. Most of the new multi -unit complexes built provide a meter room that allows Water Division staff outside access and a key. May 31, 2011 Page 2 In an effort to provide customer service, rather than shutting off apartment complexes that are individually metered for the non - payment of a single unit, Water Division staff has a policy of attempting to coordinate with apartment owners to gain access and shut off water service at meters inside individual apartments. Concerns regarding time, expense, safety and liability are being accepted without a form of indemnity that a contract with the apartment owner would provide. The Water Division has years of experience with the Mobile Home Park (MHP) agreements and the ordinance resolution with Saddlebrook. We feel that the benefits of a similar agreement with the apartment complexes and others that are similar would address the concerns stated above and provide good customer service. If you have any questions or comments regarding this memo please feel free to contact me. CC: Melissa Miller Jude Moss NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE 2011 LANDFILL BUFFER AND GROUNDWATER MONITORING PROJECT TO: Roger D. Hurt and Virginia C. Hurt 3165 IWV Road SW Iowa City, IA 52246 Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing. 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above - identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site - specific design for the 2011 Landfill Buffer and Groundwater Monitoring Project, making the final selection of the route or site location, or acquiring or condemning property rights, if necessary, required for the project. Said project involves landfill buffer, construction of landfill monitoring wells, possible groundwater and leachate management systems and possible landfill cell construction. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above - described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned by the above - identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above - described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to fund the site - specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if 2 necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the site - specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property or an interest in property for the project. The public hearing will be held on the 21st day of June, 2011 in the Emma J. Harvat Hall, City Hall, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site - specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above - described project, City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property rights for the above - described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and /or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON If you have any questions concerning the 2011 Landfill Buffer and Groundwater Monitoring Project please contact the following person: Daniel Scott City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319) 356 -5144 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above - described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. Marian K. Karr City Clerk r CITY OF IOWA CITY 10 MEMORANDUM DATE: May 6, 2011 TO: Tom Markus, City Manager FROM: Rick Fosse, Public Works Director RE: Landfill Property Acquisition Introduction: The Landfill is in need of approximately 17 acres of land at its northeast corner for buffer and to better manage the leachate from its oldest cells. Leachate management is necessary to preserve groundwater quality. In the long term, this 17 acres may also be used for additional landfill space. History/Background: The landfill site was originally acquired in 1971. The technology used for landfill cell construction up until 1991 did not include an impervious liner or leachate collection system. In the 1980's groundwater monitoring at the landfill site indicated that remedial action was necessary to contain the leachate from the oldest landfill cells near the northeast corner of the site. To address this, a series of projects were constructed from 1985 through 1994 designed to cut off groundwater from the up gradient side of these cells and to collect leachate from the down gradient side. Since then we have continually monitored the groundwater in this area and made annual reports to the Iowa Department of Natural Resources documenting the effectiveness of these projects. With the passage of new and more stringent groundwater rules in 2008, it appears that additional action may be necessary to effectively manage the groundwater in this area. Discussion of Solution: The existing landfill cells and leachate collection system are close to the property line. Some of the ground water monitoring wells are on the property line. The first step to better management of the ground in this area is to acquire additional land as a buffer and to provide space for more detailed groundwater monitoring and possible remedial action. Recommendation: Staff recommends that approximately 17 acres of land directly adjacent to the northeast corner of the site be acquired. This area is outlined on the attached map. The process will follow the requirements specified by the state code and includes authorization to proceed to condemnation in the event the property cannot be acquired by negotiation. The proposed schedule for acquisition outlined below. • May 17 - Set Public Hearing • June 21 - Hold Public Hearing Authorizing Property Acquisition • July through December - Property Appraisal, Surveying, Platting and Acquisition cc: Ron Knoche, City Engineer Dave Elias, Landfill Superintendent Daniel Scott, Project Engineer ` r .-4 CITY OF IOWA CITY �i *� M E M 0 RA N D U M DATE: May 6, 2011 TO: Tom Markus, City Manager FROM: Rick Fosse, Public Works Director . RE: Landfill Property Acquisition Introduction: The Landf II is in need of approximately 17 acre of land at its northeast corner for buffer and to b tter manage the leachate from its o est cells. Leachate management is necessa to preserve groundwater quality. n the long term, this 17 acres may also be used fo additional landfill space. ;r History /Background: The andfill site was originally acquired in 1971. The technology used for landfill cell construc 'on up until 1991 did not iyiclude an impervious liner or leachate collection system. I the 1980's groundwatq'r monitoring at the landfill site indicated that remedial action as necessary to contain the leachate from the oldest landfill cells near the northeast orner of the site. to address this, a series of projects were constructed from 1985 thr gh 1994 designed to cut off groundwater from the up gradient side of these cells and t collect leachate from the down gradient side. Since then we have continually monitore the groundwater in this area and made annual reports to the Iowa Department of tural Resources documenting the effectiveness of these projects. With the passage of w and more stringent groundwater rules in 2008, it appears that additional action may b necessary to effectively manage the groundwater in this area. Discussion of Solution: The existing land Its and leachate collection system are close to the property line. Some of the ground r monitoring wells are on the property line. The first step to better management he ground in this area is to acquire additional land as a buffer and to provide space for m detailed groundwater monitoring and possible remedial action. Recommendation: Staff recommends that approximately 17 res of land directly adjacent to the northeast Corner of the site be acquired. This are `is outlined on the attached map. The process will follow the requirements specified b the state code and includes authorization t,6 proceed to condemnation in the event the pro erty cannot be acquired by negotiation. The proposed schedule for acquisition outlined ow. • May 17 - Set 'public Hearing • June 21 - H4 Public Hearing Authorizing Property Acquisition • July throug December - Property Appraisal, Surveying, Platting and Acquisilen cc: Ron Knoch , City Engineer Dave Elias, Landfill Superintendent _- Daniel Scott, Project Engineer C--) r- O 1 ROPE 1 �c.) J -p A,. N IOWA CITY AREA BUFFER AND ENGR DRS DRAWN: BSM SCALE: NTS FILE #: t 2011 LANDFILL DATE: 2011 ENGINEERING DIVISION GROUNDWATER MONITORING PROJECT DRAWING owners -plan SHEET: j D Q IWV ROAD ' = I MELROSE AVE — I Q t D q � Q i ACQUISITION i cc AREA _ -.._. ..... -- LOCATION } ' o yl 1l Iowa City Landfill ` o i I � I j i - - —_ f {{ W { jl �� ROPO I. if ROAR 0 i ° IOWA CITY ROJECT AREA DRAW DRS SCALE: NTS LANDFILL BUFFER AND DRAWN: BSM 2011 L FILE #: W DATE: 2011 ENGINEERING DIVISION GROUNDWATER MONITORING PROJECT DRAWING: owners -plan SHEET: