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HomeMy WebLinkAbout2012-08-21 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. Iowa City - t �City Council Agenda �"dre� %f � I KR ZJe, Regular Formal CITY Of IOWA CITY y August 21, 2012 - 7:00 p.m. City Hall — Harvat Hall ".10 E. Washington Street .�� sall'A "X- www.icaov.ora ITEM 1. CALL TO ORDER. ITEM 1 a Roll Call e_ �U ITEM 2. PROCLAMATION ITEM 2a Mercy Hospital Guild 50th Anniversary – 2012 ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. ITEM 3a. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: ITEM 3a(1) July 31 Council Work Session ITEM 3a(2) July 31 Special Council Formal Official & Complete (x2) ITEM 3a(3) August 13 Special Council Formal Official & Complete ITEM 3b. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). ITEM 3b(1) Airport Commission – June 21 ITEM 3b(2) Historic Preservation Commission – May 10 ITEM 3b(3) Historic Preservation Commission – June 14 ITEM 3b(4) Historic Preservation Commission – July 12 ITEM 3b(5) Planning & Zoning Commission – July 19 ITEM 3b(6) Senior Center Commission – May 17 ITEM 3c. Permit Motions and Resolutions as Recommended by the City Clerk. (New) ITEM 3c(1) Class C Liquor License for Micky's, LLC, dba Micky's Irish Pub,11 S. Dubuque St. ITEM 3c(2) Outdoor Service Area for Micky's, LLC, dba Micky's Irish Pub,11 S. Dubuque St. ITEM 3c(3) Five -Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Fall Fun Festival Tent A, 2140 Rochester Ave. (8/31/12 – 9/4/12) ITEM 3c(4) Five -Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Fall Fun Festival Tent B, 2140 Rochester Ave. (8/31/12 – 9/4/12) ITEM 3c(5) Outdoor Service Area Permit for Iowa City Fall Fun Festival, Inc., dba Fall Fun Festival, 2140 Rochester Ave. (Renewal) ITEM 3c(6) Class C Liquor License for Chackalackal, Inc., dba One Twenty Six, 126 E. Washington St. August 21, 2012 City of Iowa City Page ITEM 3c(7) Class C Liquor License for Jaxco, LLC, dba BlackStone, 503 Westbury Dr. Suite 1. ITEM 3c(8) Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 321 E. Market St. ITEM 3c(9) Class C Liquor License for Eckhardt Management dba 2 Dogs Pub, 1700 S. First Ave. Suite Q. ITEM 3c(10) Class C Liquor License for Etre Restaurant Group, LLC, dba Takanami, 219 Iowa Ave. ITEM 3c(11) Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood Ave. ITEM 3c(12) Class C Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St. ITEM 3c(13) Class C Liquor License for Hall Place Ventures, Corp., dba Airliner Bar, 22 S. Clinton St. ITEM 3c(14) Outdoor Service Area for Hall Place Ventures, Corp., dba Airliner Bar, 22 S. Clinton St. ITEM 3c(15) Class C Liquor License for Cream, LLC, dba The Union Bar, 121 E. College St. la _ ITEM 3c(16) Resolution to issue Dance Permit to Iowa City Fall Fun Festival, Inc., dba Fall Fun Festival, 2140 Rochester Ave. ITEM 3c(17) Class C Liquor License for Atlas World Grill, Inc., dba Atlas World Grill, 127 Iowa Ave. ITEM 3d. Resolutions and Motions: ITEM 3d(1) CONSIDER A RESOLUTION ABOLISHING THE YOUTH ADVISORY COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND REPEALING RESOLUTION NO. 05 -371. Comment: Over the past several months the City Council has evaluated the need for various boards and commission, especially those that have struggled to fill vacancies. After discussion at the July 31 work session the Council decided to dissolve the Youth Advisory Commission as a formal commission, and to call an ad hoc committee made of young Iowa Citians when issues relevant to their age group comes up. ITEM 3d(2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH BURLINGTON TRAILWAYS FOR COURT STREET TRANSPORTATION CENTER SPACE. Comment: This Resolution approves the proposed Lease of space in the Court Street Transportation Center to Burlington Trailways. Burlington Trailways will lease the space previously leased to Greyhound Lines Inc. for the purpose of operating bus service. August 21, 2012 City of Iowa City Page ITEM 3d(3) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE FY2011 ELEVATOR MODERNIZATION PROJECT. Comment: The project has been completed by McComas - Lacina Construction of Iowa City, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. ❖ Project Estimated Cost: $ 788,200.00 ❖ Project Bid Received: $ 789,000.00 ❖ Project Actual Cost: $ 805,266.00 ITEM 3d(4) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE / - 3 70 NORTH MARKET SQUARE PARK PAVILION PROJECT. Comment: The project has been completed by Apex Construction Company of Iowa City, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. ❖ Project Estimated Cost: $ 102,585.00 ❖ Project Bid Received: $ 88,762.00 ❖ Project Actual Cost: $ 88,762.00 ITEM 3d(5) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE - 3 21 SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE - PART FOUR, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. ITEM 3d(6) CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO l a 37a ATTEST AMENDMENT #1 TO THE MARCH 20, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND VJ ENGINEERING TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FIRST AVE. GRADE SEPARATION PROJECT. Comment: This amendment authorizes VJ Engineering to provide additional engineering services for project design modifications and project plan development, including revised plans and specifications required for letting the project through the Iowa Department of Transportation. The amendment cost is $116,391.80 and will be funded with General Obligation bond proceeds. Amendment #1 will bring the total consultant services fees to $414,191.80. Estimated construction cost of the 1St Ave. /IAIS RR Crossing Improvements Project is $6,900,000. 3 August 21, 2012 City of Iowa City Page ITEM 3d(7) CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND AECOM OF WATERLOO, IA TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DUBUQUE STREET / 1 -80 PEDESTRIAN BRIDGE PROJECT. Comment: This agreement authorizes AECOM to provide engineering design services from concept planning through final design and also bid documents for the Dubuque Street / 1 -80 Pedestrian Bridge Project. This project will construct a pedestrian bridge over 1 -80 and will result in connectivity of the Iowa River Trail at Foster Road to the existing trail at Butler Bridge along Dubuque Street. The negotiated contract amount is not -to- exceed $235,000 and will be funded with General Obligation bond proceeds. ITEM 3d(8) CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND 1 a DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO % ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LANDFILL FY09 CELL RECONSTRUCTION PROJECT. Comment: This agreement authorizes HR Green Inc. to provide necessary engineering services for design of the reconstruction of the landfill FY09 Cell. The landfill FY09 Cell was damaged by the fire and needs to be repaired to continue landfill operations. Total cost of the engineering services is $269,400 and will be funded by Landfill Revenues. ITEM 3d(9) CONSIDER A RESOLUTION REPEALING RES. 12 -156 AND AMENDING THE POLICY FOR DISTRIBUTION OF ELECTRONIC PACKETS; COUNCIL J ?5 MEMBER USE OF CITY IPAD, AND REIMBURSEMENT FOR THE EXPENSE OF PURCHASING PERSONAL EQUIPMENT TO ACCESS ELECTRONIC PACKET; PROCEDURES FOR E -MAIL CORRESPONDENCE AND DISTRIBUTION OF WEEKLY ELECTRONIC COUNCIL PACKETS; AND REMOVING THE STIPEND FOR SUPPLIES AND ESTABLISHING A POLICY FOR ELIGIBILITY FOR REIMBURSEMENT ONCE EVERY FOUR YEARS. Comment: This resolution is being amended to clarify eligibility for reimbursement to once every four years. 4 August 21, 2012 City of Iowa City Page ITEM 3d(10) CONSIDER A RESOLUTION APPROVING EXECUTION OF CHANGE ORDERS BETWEEN THE CITY OF IOWA CITY AND BRACKE, 37 4 HAYES, MILLER, MAHON ARCHITECTS LLP TO PROVIDE CONSULTANT SERVICES EXTENDING AN ORIGINAL CONTRACT TO PROVIDE SERVICES FOR THE ABATEMENT OF ASBESTOS & HAZARDOUS MATERIALS AT FLOOD BUYOUT PROPERTIES. Comment: The City of Iowa City entered into a contract with Bracke, Hayes, Miller, Mahon (BHMM) Architects LLP for services regarding the abatement of asbestos and hazardous materials at flood buyout properties acquired by the City in the amount of $49,500. This contract has been fulfilled, however, the City would like to extend the services of BHMM Architects to include an additional 7 properties that have been acquired. The extended total contract cost will be $57,375. ITEM 3d(11) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST LICENSE AGREEMENT Id- BETWEEN THE CITY OF IOWA CITY AND WEST LIBERTY TELEPHONE COMPANY TO USE CERTAIN PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Comment: This agreement will allow West Liberty Telephone to install, operate, and maintain a buried conduit containing a fiber optic cable within City of Iowa City public right -of -way. This fiber optic cable placement is desired to provide internet connectivity to a business located at 2105 ACT Circle. ITEM 3d(12) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2012 i8. 3 7 WATER MAIN DIRECTIONAL BORING PROJECT. Comment: The project has been completed by Volkens Excavating, Inc. of Dyersville, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. ❖ Project Estimated Cost: $ 73,340.00 ❖ Project Bid Received: $ 59,872.00 ❖ Project Actual Cost: $ 56,400.00 August 21, 2012 City of Iowa City Page 6 ITEM 3d(13) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM TOBACCO OUTLET PLUS #537, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011) Comment: This resolution accepts a waiver of right to hearing and payment of a $300 civil penalty, as set out in Iowa Code section 453A.22(2), by Tobacco Outlet Plus #537, 923 S. Riverside Drive. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. An employee of Tobacco Outlet Plus #537 has violated Section 453A.2(1). By signing the appropriate waiver and paying the $300 civil penalty, Tobacco Outlet Plus #537 waives its statutory right to have a hearing on whether the civil penalty should be assessed. ITEM 3d(14) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN /9-390 AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 18 IDYLLWILD COURT, IOWA CITY, IOWA. Comment: The owners of the property received assistance through the City of Iowa City Housing Rehabilitation Program. The loan has been paid off; thus the lien needs to be released. ITEM 3d(15) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN Id- 3gi AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 1830 HIGH STREET, IOWA CITY, IOWA. Comment: The owners of the property received assistance through the City of Iowa City with the use of FY1999 HOME Investment Partnership (HOME) funds. The loan has been satisfied; thus the lien needs to be released. ITEM 3d(16) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTIES LOCATED AT 3317 JAMIE LANE, 1740 DOVER, 109 SHRADER ROAD, AND 1424 PRAIRIE DU CHIEN ROAD, IOWA CITY, IOWA. Comment: The owner of the properties located at 3317 Jamie Lane, 1740 Dover, 109 Shrader Road, and 1424 Prairie Du Chien Road received assistance through FY2009 Community Development Block Grant (CDBG) Funds. The subordination will not change the City's current position, which is second position and inferior to the owner's primary lender. August 21, 2012 City of Iowa City Page ITEM 3d(17) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT AMONG THE CITY OF IOWA CITY, THE HOUSING FELLOWSHIP, AND CORRIDOR WOODS LIMITED PARTNERSHIP, IOWA CITY, IOWA FOR PROPERTIES LOCATED AT 720, 724, 728 & 732 FOSTER ROAD AND 701, 705,709 & 713 ARCH ROCK ROAD, IOWA CITY, IOWA. Comment: Corridor Woods Limited Partnership (CW) has requested that the City approve a Subordination Agreement for the properties located at 720, 724, 728 & 732 Foster Road and 701, 705, 709 & 713 Arch Rock Road. The Housing Fellowship (THF) received assistance through with the use of FY2010 HOME Investment Partnership funds. THE has leased the properties to CW as part of a tax credit project. The CW requests that the City's interest be subordinate to its interest. The properties have enough equity to cover the City's position. ITEM 3d(18) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN �a._ 39+ AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA FINANCE AUTHORITY, DES MOINES, IOWA FOR PROPERTY LOCATED AT 230 -232 ELIZABETH STREET, IOWA CITY, IOWA. Comment: The Iowa Finance Authority, Des Moines, Iowa has requested that the City approve a Subordination Agreement for the property located at 230 -232 Elizabeth Street in order for them to be the owner's primary lender and with the City in second position. The owner of the property received assistance through with the use of FY2011 HOME Investment Partnership funds. The home has enough equity to cover the City's position. ITEM 3d(19) CONSIDER A RESOLUTION ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO STORM �� ✓ 3g SEWER AND DRAINAGE EASEMENT AGREEMENTS FOR LOT 91, MACKINAW VILLAGE, PART FOUR AND OUTLOT B, MACKINAW VILLAGE, PART TWO, IOWA CITY, JOHNSON COUNTY, IOWA. Comment: Owners, Prime Ventures Construction, Inc. and Mackinaw Village Homeowners Association, Inc., desire to adjust storm sewer and drainage easement locations to conform to their location as built on Lot 91, Mackinaw Village, Part Four and Outlot B, Mackinaw Village, Part Two. Staff recommends acceptance of these dedications. 7 August 21, 2012 City of Iowa City Page ITEM 3d(20) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COOPERATIVE AGREEMENT ld - 31b BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF IOWA CITY FOR THE 1 -80 / DUBUQUE STREET INTERCHANGE IMPROVEMENT [IM -80- 6(276)244-- 13 -52, IM -80- 6(278)244--13-52, IM -80- 6(306)244-- 13 -52, IM -80- 6(319)244-- 13 -52]. Comment: Cooperative Agreement Number 2012 -4 -197 includes the responsibility of the Iowa DOT to design, let and inspect construction of the 1 -80 / Dubuque Street Interchange Reconstruction Project in accordance with the project plans and DOT standard specifications. After construction, the City of Iowa City will assume maintenance operations associated with Dubuque Street and mast arm mounted signs, and will accept ownership of and responsibility for maintenance costs of traffic signals, street lighting and storm sewer. The Iowa DOT will bear all construction costs associated with this project. ITEM 3d(21) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $26,736,429.41 FOR THE PERIOD OF JULY 1 THROUGH JULY 31, 2012, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE. ITEM 3d(22) CONSIDER A RESOLUTION AUTHORIZING THE PROCUREMENT OF A 2012 VERMEER HG6000 HORIZONTAL GRINDER FOR USE AT THE LANDFILL. Comment: This Resolution will approve the procurement of a new horizontal grinder for the landfill. The procurement follows a Request for Proposal, in which 5 proposals were received and scored. The Vermeer grinder scored the highest, and had the lowest initial cost. The purchase will be for $399,000.00, which exceeds the $150,000.00 spending authority of the City Manager, and so requires Council approval. The unit being replaced will be sold for $78,910.00, leaving a net cost of $323,710.00 for the new unit. ITEM 3e. Setting Public Hearings: ITEM 3e(1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 4, 2012 ON PLANS, SPECIFICATIONS, FORM OF /a' 3 CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PUBLIC WORKS - FUEL FACILITY PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. 8 August 21, 2012 City of Iowa City Page Comment: This project involves construction of a new fuel facility at the Public Works Complex, located on S. Gilbert Street between Napoleon Lane and McCollister Boulevard. The new fuel facility consists of three (3) fuel islands, a canopy, security cameras, underground storage tanks, and a precast concrete building with a warm storage room, restroom facilities and a future bulk water station. The package includes sitework, utility extension, general building construction and mechanical, electrical and special plumbing /piping systems. The estimated cost of the base bid is $778,650 and will be funded with General Obligation bond proceeds and Road Use tax proceeds. ITEM 3e(2) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 4, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL GROUNDWATER UNDER DRAIN LIFT STATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project will include constructing a new groundwater under drain lift station as part of the reconstruction of the landfill FY09 Cell at the Iowa City Landfill and Recycling Center. The landfill FY09 Cell was damaged by the fire and needs to be repaired to continue landfill operations. The total estimated construction cost is $82,000 and will be funded by Landfill Revenues. ITEM 3e(3) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON ia- 390 SEPTEMBER 4, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORMANDY DRIVE RESTORATION PROJECT, DIRECTING CITY CLERK TO PUBLISH SAID NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project is being undertaken to restore the Normandy Drive area torn up by the 2008 flooding. This phase of the project will start the landscaping of the area along the river, develop a trail plan, reinvest in plantings, landscaping and bringing the area back into a normal park like setting. This project is budgeted as a CIP #4178 for $409,000, and will be funded by GO Bonds. ITEM 3f. Correspondence: ITEM 3f(1) Traffic Engineering Planner: Establishment of a TOW AWAY ZONE for non - ZipCar vehicles parked in the designated ZipCar spaces on the 300 block of North Clinton Street, 200 block of South Linn Street, and 100 block of East Iowa Avenue. ITEM 3f(2) Peg Jones: Zoning Changes Causing Bankruptcy. [Staff response included] ITEM 3f(3) Marie Houser Conzemius: To Jim Throgmorton: My compliments on your "no" vote on Oaknoll's rezoning request (comp plan) ITEM 3f(4) Greg Cotton; Mark Johnson; Dean Rammelsberg: Urban Chickens in Iowa City. 9 August 21, 2012 City of Iowa City Page ITEM 3f(5) Phil McGuire: Questions on Landfill Procedures. ITEM 3f(6) Lynn Sidwell: Proposed Flood Wall and /or levee along Iowa River. ITEM 3f(7) Kenneth Longdon: Officer Complaint ITEM 3f(8) Marie Houser Conzemius: A bravo to Mayor Matt Hayek. ITEM 3f(9) Ed Stone: Habitat Housing. ITEM 3f(10) Marcus Nashelsky: Bike Lanes in Iowa City. [Staff response included] END OF CONSENT CALENDAR. Action: RN ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item at the end of the meeting agenda. ITEM 5. PLANNING AND ZONING MATTERS. (In accordance with the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications ". Council will discuss items # 5b, 5d, 5g only at the formal meeting). ITEM 5a CONSIDER A MOTION SETTING A PUBLIC HEARING FOR SEPTEMBER 4 ON AN ORDINANCE AMENDING TITLE 14, ZONING CODE, DEFINING SMALL WIND ENERGY CONVERSION SYSTEMS AND ESTABLISHING REGULATIONS TO ALLOW THESE SYSTEMS AS ACCESSORY USES IN CERTAIN ZONES BY SPECIAL EXCEPTION. Comment: At its August 2 meeting, by a vote of 5 -0 (Swygard and Weitzel absent), the Planning and Zoning Commission recommended approval of these amendments to the zoning code. If there is an indication that the Council will not accept the Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required. Staff recommended approval in a report dated August 2. Approval will allow wind turbines to be established in commercial, industrial and research zones by special exception. Action: ITEM 5b REZONING APPROXIMATELY 2 ACRES OF LAND LOCATED SOUTH OF HIGHWAY 1 AND WEST OF SHIRKEN DRIVE AT 521 AND 531 HIGHWAY 1 WEST AND FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2). (REZ12- 00013) ) [Discussion only at formal meeting] Comment: At its July 19 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of the proposed rezoning. If there is an indication that the Council will not accept the Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required. Staff recommended approval in a report dated July 19, 2012. The proposed rezoning will allow the properties to be developed for general commercial uses consistent with the Comprehensive Plan. 10 a r CITY OF IOWA CITY 7.1 % � MEMORANDUM TO: Mayor, City Council,-General Public FROM: City,Clerk RE: August 21 Agenda Addition, Revisio Consent Calendar ITEM 3f(6) (Addition) Robert McKay: Proposed flood wall and /or levee along Iowa River 3f(11) (Addition) Invitation: Public Space One — August 24 ITEM NO. 20 (Revised) RESOLUTION APPROVING A SETTLEMENT AND REWORK AGREEMENT BETWEEN THE CITY OF IOWA CITY AND KNUTSON CONSTRUCTION SERVICES MIDWEST, INC. REGARDING THE PRECAST DOUBLE TEE WALKWAY BEAMS AT THE IOWA CITY WATER FACILITY. August 21, 2012 City of Iowa City 1. PUBLIC HEARING Action:,% 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: 1�,✓. Page ITEM 5c AMENDING TITLE 14, ZONING CODE, TO ADD A DEFINITION FOR "DELAYED DEPOSIT SERVICE USES" AND REGULATE SAID USES AS PROVISIONAL USES IN THE COMMUNITY COMMERCIAL ZONE. (PAYDAY LENDING INSTITUTIONS) Comment: At its July 19 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of the proposed amendments to the zoning code. If there is an indication that the Council will not accept the Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required. Staff recommended approval in a report dated July 19, 2012. The proposed amendments will place limitations on where payday lending uses may locate within the city. 1. PUBLIC HEARING Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: �Otro ITEM 5d CONSIDER AN ORDINANCE REZONING 2.7 -ACRES OF LAND LOCATED NORTH OF BENTON STREET BETWEEN GEORGE AND STREB STREETS FROM MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE TO OVERLAY PLANNED DEVELOPMENT MEDIUM DENSITY MULTI - FAMILY (OPD- RM -20) ZONE. (REZ12- 00010) (SECOND CONSIDERATION) [Discussion only at formal meeting] Comment: At its June 21 meeting, by a vote of 5 -1 (Swygard voting no, Weitzel absent), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated June 21. Approval will allow this property to be developed for a proposed expansion of the Oaknoll Retirement Residence including: a 69 -unit five -story main building located between Spring and George Streets; and two duplexes located north of Benton Street on the east side of Streb Street, for a total of 73 new independent living dwelling units for the elderly. Gri Action: /1 11 701 Xe 5�, �4 spa, 1 August 21, 2012 City of Iowa City Page 12 ITEM 5e CONSIDER AN ORDINANCE VACATING THE PUBLIC RIGHT -OF -WAY OF SPRING STREET. (VAC12- 00004) (SECOND CONSIDERATION) Comment: At its June 21 meeting, by a vote of 5 -1 (Swygard voting no, Weitzel absent), the Planning and Zoning Commission recommended approval of this vacation. Approval will allow this portion of right -of -way to be incorporated into the proposed expansion of the Oaknoll Retirement Residence. ITEM 5f CONSIDER AN ORDINANCE AMENDING CERTAIN PARAGRAPHS WITHIN TITLE 14, ZONING CODE, ARTICLES 2A AND 2B, TO EXEMPT BLOCKS WITH THREE OR FEWER HOME LOTS FROM FRONT SETBACK AVERAGING. (SECOND CONSIDERATION) Comment: At its July 21 meeting, by a vote of 6 -0 (Weitzel absent), the Planning and Zoning Commission recommended approval of this amendment to the zoning code. Staff recommended approval in a report dated June 15. This will allow homes on blocks with three or fewer homes to be constructed closer to the street right -of -way. Staff requests expedited action. Action: �. Z a r� ITEM 5g CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4.29 ACRES OF LAND LOCATED ON WALDEN ROAD, WEST OF MORMON TREK BOULEVARD FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS -8) ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS -12) ZONE. (REZ09- 00003) (PASS AND ADOPT) [Discussion only at formal meeting] Comment: At its May 3 meeting, by a vote of 5-1 (Dyer absent, Thomas opposed), the Planning and Zoning Commission recommended approval with conditions as outlined in the staff memo plus conditions to ensure adequate off- street parking. Staff recommended approval in a memo dated April 27, 2012. In a staff report dated July 16, 2009, staff recommended deferral until there was a plan for storm water management that met City standards to the satisfaction of the City Engineer. The City Engineer indicated in a memo dated April 26, 2012 that the conceptual design for storm water management is acceptable, with final design to be approved through the City's engineering review process at time of platting. Approval of this rezoning will allow for a future subdivision of approximately 18 attached single family dwelling units (townhouses). Action: j �C K�nS 70 ho e K August 21, 2012 City of Iowa City Page 13 ITEM 6. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DEWEY STREET BRICK RECONSTRUCTION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This project involves the reconstruction of the brick paved portion of Dewey Street from Summit Street to Brown Street and Brown Street from Dewey Street to Governor Street. The estimated construction cost is $375,000 and will be funded with General Obligation bond proceeds. a. PUBLIC HEARING Action: r &SeJ b. CONSIDER A RESOLUTION APPROVING Action: '__D1 i G n J 1 S / ITEM 7. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 618 NORTH GILBERT STREET. Comment: The grant for the UniverCity Neighborhood Partnership Program allows the City to purchase twenty -six rental units located in designated neighborhoods surrounding the University, rehabilitate them with up to $50,000 in grant funds, and then sell them to income - eligible buyers. Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 618 North Gilbert Street. The amount of the sale will be $219,395, plus any "carrying costs" accrued after July 17, 2012. Carrying costs are all the costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home. a. PUBLIC HEARING Action: ,I- & S,d Id- s9a- b. CONSIDER A RESOLUTION Action: August 21, 2012 City of Iowa City Page 14 ITEM 8. APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AUTOHAUS LTD FOR LOTS 14 AND 15 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION WITH AN OPTION TO PURCHASE LOT 13 AND AUTHORIZING CONVEYANCE. Comment: The North Airport Development Subdivision includes commercial lots, which have been marketed for sale to the general public. The City has negotiated a purchase agreement with Autohaus LTD that requires City Council approval. The purchase agreement provides that buyer will purchase Lots 14 and 15 for $336,936. The offer also includes an option to purchase Lot 13 for $166,617 until January 31, 2013. a. PUBLIC HEARING Action: � e-A4U 0_393 b. CONSIDER A RESOLUTION Action: C: ha ze eiv / J) Sew M /m6 0 ITEM 9. ASSESSING EITHER A 30 DAY RETAIL CIGARETTE PERMIT SUSPENSION OR $1500.00 CIVIL PENALTY AGAINST ZOMBIES TOBACCO, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011) Comment: This hearing is the time designated for the Council to consider whether to adopt a resolution assessing either the 30 Day Retail Cigarette Permit suspension or the $1500.00 civil penalty authorized by Iowa Code section 453A.22(2) against Zombies Tobacco, 316 E. Burlington Street. Section 453A.22(2) provides that, after a hearing, a civil penalty shall be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. This is the second time within a two year period that an employee of Zombies Tobacco has violated Section 453A.2(1). The civil penalty for a second such violation within a two -year period is either $1500.00 or a 30 day retail cigarette permit suspension, at the option of the permittee. As a part of the hearing, the Council will be provided with information establishing the employee's violation of Section 453A.2(1) and that this is the second time within a two year period that an employee has violated Section 453A.2(1). The permit holder's representative will then have the opportunity to provide the Council with information s /he deems appropriate. The Council will then decide whether to assess the requested civil penalty and, if it decides to do so, will adopt an appropriate resolution. Said resolution will give the permittee the power to determine which of the two penalties is assessed. The hearing will not provide the opportunity for public comment. a. CONDUCT HEARING Action: Se,.,, &k-tY� August 21, 2012 City of Iowa City Page 15 1a -bqq b. CONSIDER A RESOLUTION Action: ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 5, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," TO PROVIDE THAT "KEEPING A DISORDERLY HOUSE" IS A MUNICIPAL INFRACTION AND TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED "HOUSING CODE," TO ADD ANOTHER BASIS FOR A RENTAL PERMIT SANCTION. (FIRST CONSIDERATION) Comment: When the police respond to a complaint regarding noise or loud party, often no one will answer the door. The police cannot issue a criminal complaint because they are unable to identify who is present. This ordinance makes "disorderly house" a municipal infraction which will allow staff to issue a civil citation to all tenants. This ordinance also provides that having a "disorderly house," even if a criminal charge is not filed, can be a basis for a rental sanction and enforcement of the nuisance property regulations. Action: ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 3, CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS, SUBSECTION B TO ALLOW FOR POSSESSION AND CONSUMPTION IN CERTAIN PARK BUILDINGS, PURSUANT TO ADMINISTRATIVE RULE; AND SUBSECTION C TO ALLOW FOR ALCOHOL POSSESSION AND CONSUMPTION IN CITY BUILDINGS PURSUANT TO ADMINISTRATIVE RULE. (SECOND CONSIDERATION) Comment: City staff wishes to allow alcohol in limited circumstances in some City buildings to accommodate private parties and fundraising events hosted by the Iowa City Public Library Friends Foundation, the Friends of the Center, and others. This will also allow alcohol to be sold or served, pursuant to administrative rule, in space leased by the City to private enterprise. Staff believes that legal and responsible use can be encouraged through the use of administrative rules. Action: 7/0 O 870 August 21, 2012 City of Iowa City Page 16 ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 10, ENTITLED USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO REGULATE SIDEWALK CAFES PRIMARILY BY POLICY AND ADMINISTRATIVE RULES. (SECOND CONSIDERATION) Comment: This ordinance deletes most of the requirements of sidewalk cafes from the City Code. Staff recommends placing these provisions in administrative policies approved by Council resolution and rules established by the City Manager. Doing so will allow more flexibility in regulating the sidewalk cafes and allow staff to respond more quickly to business owners' requests. Persons desiring to benefit from the proposed changes have requested expedited action to allow enactment prior to the football season. Correspondence included in � Council packet. C, �,2""r,� -lKt Action: ELL 0 5 ITEM 13. CONSIDER A RESOLUTION ADOPTING A POLICY FOR USE OF PUBLIC RIGHT -OF -WAY FOR SIDEWALK CAFES AND RESCINDING RESOLUTION NO. 07 -227. Comment: The prior agenda item is an ordinance providing that sidewalk cafes will be regulated primarily through an administrative policy. Attached to this resolution is the Sidewalk Cafe Policy which, with two exceptions, consists almost entirely of the prior ordinance and the current resolution on fees. One exception is the regulations governing cafes in the street. The second exception allows for cafes in planters outside of City Plaza. The fee resolution is rescinded and made part of the new policy so there is only one resolution governing cafes. This resolution should be considered only if` item # 12 is adopted. Y-14 Action: [ ll��en ko�..s a // a��s ITEM 14. CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN !a - S7 5 .'AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) FOR THE 2012 COPS GRANT. Comment: The Iowa City Police Department has been awarded a COPS grant to supplement the cost of hiring two new officers. Under the grant, the Department of Justice will provide funding for 75% of the starting salary and benefits for three years for officers hired under this grant, with a maximum payment of $125,000 for each officer over the three years. The grant agreement also requires that the Department maintain staffing at its current level of eighty (80) plus the two new positions for a total of four (4) years. Correspondence included in Council packet. ,� �X � Action: 04 �'livhs� e LI-It 5 August 21, 2012 City of Iowa City Page 17 ITEM 15. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT ra - 39 c10 FOR CONSTRUCTION OF THE FY 2013 ASPHALT RESURFACING PROJECT. Comment: Bids for this project were opened on Wednesday, August 15, 2012, and the following bid was received: LL Pelling Co. North Liberty, IA $ 492,564.83 Engineer's Estimate $ 499,835.00 Public Works and Engineering recommend award of the contract to LL Pelling Company of North Liberty, Iowa. The project will be funded with Road Use Tax proceeds, Landfill funds, Wastewater Revenue proceeds, and General Obligation bond proceeds. Action: i P61-L4 n e- 4., r�i Yh5 7 /l� ITEM 16. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE 12- X57 CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. Comment: This is the operating agreement for animal care services, which University Heights approved on August 14. It is the same agreement that Coralville and Iowa City have executed, and the agreement with the State of Iowa for the University of Iowa campus is on the agenda. Presently the City does not have a 28E agreement with University Heights for animal care services. The following agenda item is a proposed agreement for State of Iowa to contribute to the construction of the new shelter. Action: —uv / 1) 1',, le� all ayes ITEM 17. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ANIMAL SHELTER FACILITY CAPITAL 165;9 CONTRIBUTION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS. Comment: As set forth in Resolution No. 12 -155, the City has agreed to build a new animal shelter facility that exceeds the needs of its citizens and addresses the needs of a neighboring jurisdiction on the condition that the jurisdiction contribute its proportional share of the construction costs. This agreement, which the University Heights City Council approved on August 14, provides that University Heights will pay its proportional share of the costs of the new shelter. The preceding agenda item is a proposed 28E Agreement for sheltering services, which is a prerequisite of this agreement. The City and Coralville have already entered into this same agreement and the agreement with the State of Iowa is on the agenda. Action: wit r00, -m Dr U August 21, 2012 City of Iowa City Page 18 ITEM 18. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE r�✓ 3 �� CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE STATE OF IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. Comment: This is the operating agreement for animal care services with the State of Iowa for animals from the University of Iowa campus. It is substantively the same agreement that Coralville and University Heights have executed, except that it is not pursuant to Chapter 28 of the Iowa Code. The following agenda item is a proposed agreement for the State of Iowa to contribute to the construction of the new shelter. Action: 5 0) �hGr�u,bl ITEM 19. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ANIMAL SHELTER FACILITY CAPITAL ra -� CONTRIBUTION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE STATE OF IOWA. Comment: As set forth in Resolution No. 12 -155, the City has agreed to build a new animal shelter facility that exceeds the needs of its citizens and addresses the needs of a neighboring jurisdiction on the condition that the jurisdiction contribute its proportional share of the construction costs. This agreement provides that the State of Iowa will pay its proportional share of the costs of the new shelter. The preceding agenda item is a proposed agreement for sheltering services, which is a prerequisite of this agreement. Coralville has already entered into this same agreement, and the agreement with University Heights is on the agenda. Action: �C. 5 ITEM 20. CONSIDER A SOLUTION AP OVING A SET EM ND REWORK AGREEMENT. Comment: This item was deferre from the July 31 forma meeting. Information will be provided by the City Attorney Tuesday evening. Action: ITEM 21. CONSIDER A MOTION GRANTING A 60 -DAY EXTENSION TO THE POLICE CITIZENS REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT WITH THE CITY COUNCIL ON COMPLAINT #12 -01. Comment: Ordinance 97 -3792 establishes the Police Citizens Review Board and sets forth mechanisms for complaints. The Ordinance also provides the City Council to grant extensions of the 45 -day reporting requirement for good cause. At their meeting of August 14, 2012, the Board unanimously requested an additional 60 -day extension. Correspondence included in the Council packet. I ��Im CITY OF IOWA CITY M E M 0 RA N D U M TO: Mayor, City Council, General Public FROM: City Clerk RE: August 21 Agenda Addition, Revision Consent Calendar ITEM 3f(6) (Addition) Robert McKay: Proposed flood wall and /or levee along Iowa River 3f(11) (Addition) Invitation: Public Space One — August 24 ITEM NO. 20 (Revised) RESOLUTION APPROVING A SETTLEMENT AND REWORK AGREEMENT BETWEEN THE CITY OF IOWA CITY AND KNUTSON 4-bf CONSTRUCTION SERVICES MIDWEST, INC. REGARDING THE PRECAST DOUBLE TEE WALKWAY BEAMS AT THE IOWA CITY WATER FACILITY. August 21, 2012 City of Iowa City Page 19 ITEM 22. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Previous: ITEM 22a Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1, 2012 - December 31, 2016. (New full term). ITEM 22b Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1, 2009 - December 31, 2013. (Term expires for Dennis Keitel). ITEM 22c Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2010 — December 31, 2015. (Term expires for Brian Sponcil) ITEM 22d Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2012 — December 31, 2017. (New full term). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, AUGUST 29, 2012. New: ITEM 22e Youth Advisory Commission — One vacancy to fill an unexpired term plus a two year term. (Shall not be more than 18 years of age at the time of application; and currently enrolled in an Iowa City high school or high school equivalent) Effective upon appointment — December 31, 2014. One (1) person —West High (Leah Murray resigned) Deferred from 7/10/12 and 7/31 meetings. ITEM 22f Youth Advisory Commission — One vacancy to fill a two -year term (Shall not be more than 18 years of age at the time of application; and currently enrolled in an Iowa City high school or high school equivalent) January 1, 2011 — December 31, 2012 One (1) person — Tate High If Council adopts the resolution (Consent Calendar item # 3d(1) dissolving the Youth Advisory Commission no action is necessary on these vacancies.) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, SEPTEMBER 12, 2012. ITEM 23. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 24. CITY COUNCIL INFORMATI August 21, 2012 City of Iowa City Page 20 ITEM 25. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. �'xk,2i b) City Attorney. c) City Clerk. ITEM 26. ADJOURN (to work session 0 needed) % . 5a