HomeMy WebLinkAbout2012-10-02 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
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Iowa City
City Council Agenda A--�—Ak
Regular Formal CITY OF IOWA CITY
October 2, 2012 - 7:00 p.m.
City Hall — Harvat Hall
410 E. Washington Street
www.icgov.org
ITEM 1. CALL TO ORDER.
ITEM la Roll Call
ITEM 2. PROCLAMATION
ITEM 2a Fire Prevention Week — October 7 -13 �� -
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) September 18 Council Work Session
ITEM 3a(2) September 18 Regular 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) Ad Hoc Diversity Committee — September 10
ITEM 3b(2) Ad Hoc Diversity Committee — September 17
ITEM 3b(3) Board of Adjustment — July 11
ITEM 3c. Permit Motions and Resolutions as Recommended by the City Clerk.
(Renewal)
ITEM 3c(1) Class C Liquor License for Givanni's of Iowa City, Inc., dba Givanni's, 109
E. College St.
ITEM 3c(2) Class C Liquor License for I.C.B.B., Ltd.. dba The Brown Bottle, 115 E.
Washington St.
ITEM 3c(3) Class C Liquor License for Micky's, LLC, dba Micky's Irish Pub, 11 S.
Dubuque St.
ITEM 3c(4) Class C Beer Permit for Dan's Short Stop Corp., dba Dan's Short Stop
Corp., 2221 Rochester Ave.
ITEM 3c(5) Class C Beer Permit for ND Express, Inc. dba North Dodge Express,
2790 N. Dodge St.
ITEM 3c(6) Class C Beer Permit for On The Go Convenience Stores, Inc. dba On
The Go Convenience Stores, Inc., 2315 Muscatine Ave.
ITEM 3c(7) Class C Liquor License for Mondo's of Iowa City, Inc. dba Joseph's
Steakhouse, 212 S. Clinton St.
ITEM 3c(8) Outdoor Service Area for Iron Hawk, LLC, dba Iron Hawk, 122 E.
Washington St.
October 2, 2012 City of Iowa City Page 2
ITEM 3d. Resolutions and Motions:
ITEM 3d(1) CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE LANDFILL
GROUNDWATER UNDERDRAIN LIFT STATION PROJECT.
Comment: Bids for this project were opened on Tuesday, September 25,
2012, and the following bids were received:
Maxwell Construction Iowa City, IA $ 112,138.80
Connolly Construction Peosta, IA $ 115,315.10
Tschiggfrie Excavating Dubuque, IA $ 194,836.10
Engineer's Estimate $ 120,000.00
Public Works and Engineering recommend award of the contract to
Maxwell Construction of Iowa City, Iowa. The project will be funded with
Landfill revenues.
ITEM 3d(2) CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE PUBLIC
WORKS - FUEL FACILITY PROJECT.
Comment: Bids for this project will be opened on Thursday, September
27, 2012 at 3:00 p.m. Staff will review the bids and a recommendation
for award will be made to Council at the work session on October 2, 2012.
This estimated cost for the project is $778,650 and will be funded with
General Obligation bond proceeds and Road Use tax proceeds.
ITEM 3d(3) CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF
/d lfa$ PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE
ROCHESTER AVENUE BRIDGE REPLACEMENT PROJECT.
Comment: The City of Iowa City must acquire right -of -way, fee title,
permanent easements and /or temporary construction easement to
construct the Rochester Avenue over Ralston Creek Bridge Project. This
project will construct a new bridge over Ralston Creek on Rochester
Avenue. The project will be funded with General Obligation bond
proceeds.
ITEM 3d(4) CONSIDER A RESOLUTION CONSIDER A RESOLUTION
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
/a- day ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 2204 NEVADA AVENUE, IOWA CITY,
IOWA.
Comment: MidWestOne Bank has requested that the City approve a
Subordination Agreement for property at 2204 Nevada Avenue. In 2009,
the owner of the property received funding from the City of Iowa City for
housing rehabilitation loan. The property has enough equity to cover the
City's lien position.
October 2, 2012 City of Iowa City Page 3
ITEM 3d(5) 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
MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED
AT 2641 GABLE STREET IOWA CITY, IOWA.
Comment: MidWestOne Bank has requested that the City approve a
Subordination Agreement for property at 2641 Gable Street. In 2009, the
owner of the property received funding from the City of Iowa City for new
home construction. The property has enough equity to cover the City's
lien position.
ITEM 3d(6) 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, HILLS, IOWA FOR PROPERTY LOCATED AT 720, 724,
728 & 732 FOSTER ROAD AND 701, 705,709 & 713 ARCH ROCK
ROAD, IOWA.
Comment: Hills Bank and Trust has requested that the City approve a
Subordination Agreement for property at 720, 724, 728 & 732 Foster
Road and 701, 705, 709 & 713 Arch Rock Road. In 2011, the owner of
the properties received funding from the City of Iowa City with Community
Development Block Grant (CDBG) funds. The property has enough
equity to cover the City's lien position.
ITEM 3d(7) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A TEMPORARY ACCESS EASEMENT AGREEMENT WITH
NEAL LLEWELLYN AND HILLS BANK AND TRUST FOR A PORTION
OF LAND LOCATED ON NORTH DODGE STREET NORTH OF 1 -80,
IOWA CITY, JOHNSON COUNTY, IOWA.
Comment: Access to this property is necessary to perform studies and
surveys necessary to design a roadway extending from Highway 1 /North
Dodge west to the Moss Office Park. This easement is for the limited
purposes of planning for the roadway. It does not allow any construction
activity to occur.
ITEM 3d(8) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO
Aa - 44 33 EXECUTE A TEMPORARY ACCESS EASEMENT AGREEMENT WITH
NCS PEARSON, INC. FOR A PORTION OF 2510 NORTH DODGE,
IOWA CITY, JOHNSON COUNTY, IOWA.
Comment: Access to this property is necessary to perform studies and
surveys necessary to design a roadway extending from Highway 1 /North
Dodge west to the Moss Office Park. This easement is for the limited
purposes of planning for the roadway. It does not allow any construction
activity to occur.
October 2, 2012 City of Iowa City Page 4
ITEM 3e. Correspondence:
ITEM 3e(1)
City Engineer: Competitive Quotation Result (CDBG Asbestos
Abatement — Contract # 7; 2012 Sewer Repairs).
ITEM 3e(2)
Edwin Stone: Iowa City Schools.
ITEM 3e(3)
Melvin Lorenzo Kelly: Violence in Music.
ITEM 3e(4)
William Ingles: Noise in the Neighborhoods. [Staff response included]
ITEM 3e(5)
Mark Robe: Stop Light at McCollister Blvd. and Old Hwy. 218. [Staff
response included]
ITEM 3e(6)
Kurt Kimmerling (x2); Sally Cline; Susan Pappas; Mary Murphy & Greg
Geerdes: Taft Floodwall (levee) /Idyllwild Buyout . � c �
ITEM 3e(7)
Roberta Till -Retz: Pleasp consider Mike Wright's call (re
neighborhoods) z - o-AXIS�
ITEM 3e(8)
Elva Craig: Discussion of plastic bags.
ITEM 3e(a)
Melvin Lorenzo Kelly: Hurricanes and Tornados
ENQ OF CONSENT CALENDAR.
Action: J. Srcw
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 # 5a, 5b, 5c only at the formal meeting).
ITEM 5a CONSIDER A MOTION SETTING A PUBLIC HEARING FOR OCTOBER 2 ON
AN ORDINANCE REZONING 1.1 -ACRES OF LAND LOCATED AT 2225
MORMON TREK BOULEVARD FROM INTENSIVE COMMERCIAL (CI -1) TO
COMMUNITY COMMERCIAL (CC -2). (REZ12- 00020) [Discussion only at
formal meeting]
Comment: At its September 20 meeting, by a vote of 5 -0 (Dyer and Weitzel
absent), the Planning and Zoning Commission recommended approval of this
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 September 20. Approval will allow this property to be used for a wider
variety of commercial uses including medical offices.
Action:
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CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: October 2, Agenda Additions
Consent Calendar, Correspondence
ITEM 3e(6) George Sondag, James White: Taft Floodwall (level) /Idyllwild Buyout
[Staff response included]
3e(7) John Shaw: Please consider Mike Wright's call (re neighborhoods)
3e(10) Acting Traffic Engineering Planner: Extending the existing COMMERCIAL
LOADING ZONE 30 MINUTE LIMIT 6AM -5PM one additional hour
through 6 PM on the east side of the 200 block of South Linn Street,
south of the driveway for 224 South Linn Street property.
3e(11) Mark Patton: Habitat for Humanity Day
October 2, 2012 City of Iowa City Page 5
ITEM 5b CONDITIONALLY REZONING 172 ACRES OF LAND FROM INTERIM
DEVELOPMENT — RESEARCH PARK (ID -RP), PLANNED DEVELOPMENT —
MIXED USE (OPD -MU), PLANNED DEVELOPMENT — RESEARCH
DEVELOPMENT PARK (OPD -RDP), AND PLANNED DEVELOPMENT —
OFFICE RESEARCH PARK (OPD -ORP) TO APPROXIMATELY 15.8 ACRES
OF PLANNED DEVELOPMENT — HIGHWAY COMMERCIAL (OPD- CH -1),
27.97 ACRES OF RESEARCH DEVELOPMENT PARK(RDP), AND 129.12
ACRES TO INTERIM DEVELOPMENT — RESEARCH PARK (ID -RP) FOR
PROPERTY LOCATED WEST OF HIGHWAY ONE AND NORTH OF
INTERSTATE 80. (REZ12- 00005 /REZ12- 00006) [Discussion only at formal
meeting] (Moss Ridge Campus formerly known as Moss Green Urban
Village and Moss Office Park)
Comment: At its September 6 meeting, by a vote of 6 -0 (Weitzel absent), the
Planning and Zoning Commission recommended approval of these rezoning
requests with conditions to ensure that the resulting office park and support retail
area will be master planned in a cohesive manner. Staff outlined the details of
the rezoning in a report dated August 16 and recommended approval with
conditions in a memo dated August 31. 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. Approval will allow
this property to be developed as an office research park with support retail
services.
1. PUBLIC HEARING
Action: /
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
ITEM 5c CONSIDER AN ORDINANCE REZONING APPROXIMATELY .034 ACRES % Tei�
LOCATED AT 518 BOWERY STREET AS AN IOWA CITY HISTORIC
LANDMARK. (REZ12- 00014) [Discussion only at formal meeting] (SECOND
CONSIDERATION)
Comment: At its August 16 meeting, by a vote of 6 -0 (Weitzel absent), the
Planning and Zoning Commission recommended approval of the proposed
rezoning. Staff recommended approval in a report dated August 16. The
proposed rezoning will provide historic preservation protections and associated
zoning flexibilities to the building at 518 Bowery Street.
Action: U
October 2, 2012 City of Iowa City Page 6
ITEM 5d CONSIDER 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. (PASS
AND ADOPT)
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:
7
ITEM 6. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE LOWER MUSCATINE ROAD
RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.) [STP -U-
3715(654)--70-52], 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 Lower Muscatine Road
from Kirkwood Avenue to 1st Avenue. Improvements include new roadway,
sidewalk, roadway lighting, storm sewer, sanitary sewer, water main, and other
associated improvements. The estimated construction cost is $7,193,000 and
will be funded with Federal Surface Transportation Program (STP) proceeds,
Water revenues, Wastewater revenues, General Obligation bond proceeds, and
a contribution from Kirkwood Community College.
a. PUBLIC HEARING
Action:
/a3 b. CONSIDER A RESOLUTION APPROVING
Action: I /O
ITEM 7. CONSIDER A RESOLUTION ADOPTING A POLICY FOR USE OF
PUBLIC RIGHT -OF -WAY FOR SIDEWALK CAFES AND RESCINDING
RESOLUTION NO. 12 -414.
Comment: Attached to this resolution is the Sidewalk Cafe Policy. With the
exception of the addition of provisions for cafes in the street and clarifying the
lottery for planters, it is the same policy that was adopted on September 4. The
provisions for cafes in the street are based on the direction Council provided to
staff at the September 18 work session including a prohibition of cafes going
beyond the property line extended.
Action:
Q
October 2, 2012 City of Iowa City Page 7
ITEM 8. CONSIDER A RESOLUTION OF SUPPORT FOR THE NOVEMBER 6, 2012,
" 1P JOHNSON COUNTY BOND REFERENDUM TO BUILD A JUSTICE CENTER.
Comment: This resolution supports the Johnson County bond referendum for
construction of a justice center in the amount of $46.8 million. The referendum
vote will take place November 6, 2012.
1G�G�y� N
Action:
ITEM 9. CONSIDER A MOTION TO APPROVE A TENTATIV AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION
OF PROFESSIONAL FIRE FIGHTERS, IAFF, LOCAL #610.
Comment: This is a three -year agreement for Fiscal Years 2014, 2015, and
2016 which provides for split wage increases of 1.25% and 1.25% in FY2014, an
across - the -board wage increase of 2.2% at the beginning of FY2015, and an
across - the -board wage increase of 2% at the beginning of FY2016. The
agreement also provides for changes to health insurance mirroring negotiated
changes with the City's other bargaining units in FY2014 and FY2015 with
additional increases to employee contribution, deductible and out of pocket
maximum amounts in FY2016. Other provisions include a $50 increase to the
HazMat Technician pay in each year of the contract and language changes
clarifying the timing of step increases following promotion to Lieutenant or
Captain ranks, allowing for electronic distribution of the collective bargaining
agreement to union members, and participation in union meetings while on duty
via remote electronic communication systems. d
Action: 2e
ITEM 10. 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 -03.
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 September 19, 2012, the Board requested a 60 -day
extension. Correspondence included in the Council packet.
Action: / 7 e
ITEM 11. 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.]
October 2, 2012 City of Iowa City Page 8
Previous:
ITEM 11a Airport Zoning Brd of Adjustment One vacancy to fill a five -year term
January 1, 2012 - December 31, 2016. (New full term).
ITEM 11b 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 11c Airport Zoning Commission — One vacancy to fill a six -year term January
1, 2010 — December 31, 2015. (Term expires for Brian Sponcil)
ITEM 11d 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, OCTOBER 17, 2012.
ITEM 11e Board of Appeals — Two vacancies, one Home Builders Association
Representative and one Licensed Plumber; Or a qualified trade
representative, if after 3 months no professional applies or is appointed,
to fill five -year terms January 1, 2013 - December 31, 2017. (Term
expires for John Roffman, Andrea French).
ITEM 11f Board of Adjustment — One vacancy to fill a five -year term, January 1,
2013 — January 1, 2018. (Term expires for Caroline Sheerin).
ITEM 11g Human Rights Commission — Three vacancies to fill three -year terms,
January 1, 2013 — January 1, 2016. (Term expires for Howard Cowen,
Constance Goeb, Harry Olmstead).
ITEM 11h Parks and Recreation Commission — Two vacancies to fill four -year terms,
January 1, 2013 — January 1, 2017. (Term expired for Maggie Elliott, Aaron
Krohmer).
ITEM 11i Public Art Advisory Committee — One vacancy to fill a three -year term,
January 1, 2013 — January 1, 2016. (Term expires for Mark Seabold).
ITEM 11 j Senior Center Commission — Three vacancies to fill three -year terms,
January 1, 2013 — December 31, 2015. (Term expires for Charles Felling,
Daniel Benton, Sarah Maiers).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, NOVEMBER 7, 2012.
ITEM 12. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18
years of age unless specific qualifications are stated.
ITEM 12a Ad Hoc Diversity Committee — One vacancy to fill an unexpired term
ending March 10, 2013. (Donna Henry resigned) Per Council direction at
their September 18th work session, previous applicant LaTasha Massey
was contacted regarding her interest to serve on the Committee.
October 2, 2012 City of Iowa City Page 9
Motion to appoint LaTasha Massey to the Ad Hoc Diversity � Committee for
the remaining unexpired term ending March 10, 2013.
Action: 1ul %
ITEM 13. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 14. CITY COUNCIL INFORMATION.
ITEM 15. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager.
b) City Attorney. p —Y
c) City Clerk. .-
ITEM 16. ADJOURN (to work session if needed).