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HomeMy WebLinkAbout2012-11-13 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. dw> -s &1WWft4--1t fIru,a �Oo�fird� Iowa City �, 4 City Council Agenda A-uh.-Ak ISpecial Formal CITY IO�WACITY November 13, 2012 - 7:00 p.m. City Hall — Harvat Hall r 410 E. Washington Street www.icoov.orq ITEM 1. CALL TO ORDER. ITEM 1 a Roll Call ITEM 2. PROCLAMATION ' ITEM 2a Veterans Remembrance Day — November 11 ITEM 2b Hunger and Homelessness Awareness Week— November 11 -17 p4, ,�, ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS — Shimek Elementary ITEM 3a Avery Shrader ITEM 3b Andrew Andersen ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. ITEM 4a. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: ITEM 4a(1) October 23 Council Work Session ITEM 4a(2) October 23 Special Council Formal Official & Complete (x2) ITEM 4b. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). ITEM 4b(1) Ad Hoc Diversity Committee — October 15 ITEM 4b(2) Ad Hoc Diversity Committee — October 22 ITEM 4b(3) Airport Commission — September 20 ITEM 4b(4) Civil Service Commission — October 30 ITEM 4b(5) Housing & Community Development Commission — September 20 ITEM 4b(6) Planning & Zoning Commission — September 20 ITEM 4b(7) Planning & Zoning Commission — October 4 ITEM 4b(8) Telecommunications Commission — September 24 November 13, 2012 City of Iowa City Page 2 ITEM 4c. Permit Motions and Resolutions as Recommended by the City Clerk. (New) ITEM 4c(1) Class C Liquor License for Brixco ,LLC, dba Brix,209 N. Linn St. ITEM 4c(2) Class E Liquor License for Kum & Go, LC, dba Kum & Go #51, 323 E. Burlington St. ITEM 4c(3) Class E Liquor License for Kum & Go, LC, dba Kum & Go #52, 25 W. Burlington St. ITEM 4c(4) Class C Liquor License for New Asian Food Corp., Inc., dba Rice Village. 223 E. Washington St. (Renewal) ITEM 4c(5) Class C Liquor License for The Pit Smokehouse, LLC., dba The Pit Smokehouse, 130 N. Dubuque St. ITEM 4c(6) Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr. ITEM 4c(7) Class E Liquor License for Fareway Stores Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr. ITEM 4c(8) Class C Liquor License for Chipotle Mexican Grill of Colorado, LLC dba Chipotle Mexican Grill #1069, 201 S. Clinton St., Suite 112. ITEM 4c(9) Outdoor Service Area for Chipotle Mexican Grill of Colorado, LLC dba Chipotle Mexican Grill #1069, 201 S. Clinton St., Suite 112. ITEM 4c(10) Special Class C Liquor License for India Cafe Corporation, dba India Cafe, 227 E. Washington St. ITEM 4c(11) Class C Beer Permit for Aldi, Inc., dba Aldi, Inc. #67, 1534 S. Gilbert St. ITEM 4c(12) Class B Liquor License for POSH Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. 1d— �(0 3 ITEM 4c(13) Resolution to issue Dance Permit to POSH Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. ITEM 4d. Resolutions and Motions: ITEM 4d(1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARKING COVENANT FOR 225 IOWA AVENUE, IOWA CITY, IOWA Comment: This resolution authorizes the Mayor to execute a Parking Covenant for 225 Iowa Avenue (the former Bruegger's Bagels building that recently burned down). Bruegger's intends to return to this site after constructing a mixed use building with commercial on the first floor and three floors of one - bedroom residential units. This covenant is a necessary condition to the Board of Adjustment's special exception granted to the property owner so that the owner can satisfy its parking requirement in a municipal parking lot. This Covenant cannot be released without the City's consent. November 13, 2012 City of Iowa City Page 3 ITEM 4d(2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO AI "J/65 EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH CORRIDOR STATE BANK FOR PROPERTY LOCATED AT 109 E. COLLEGE STREET. Comment: The City provided the owner with a Fire /Life- Safety Improvement Loan (i.e., sprinkler loan program for A -2 and B occupancies). The City secured the loan with a mortgage that is junior to the primary loan. The owner wishes to refinance its primary loan to obtain a lower interest rate and is requesting that the City agree to subordinate its mortgage. Staff recommends approval. ITEM 4d(3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN /a �iffob AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1026 FAIRCHILD STREET, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 1026 Fairchild Street. In 2008 and in 2011, the owners of the property received funding from the City of Iowa City for housing rehabilitation projects. The property has enough equity to cover the City's lien position. ITEM 4d(4) 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 1822 ROCHESTER AVENUE, IOWA CITY, IOWA. Comment: MidWestOne Bank has requested that the City approve a Subordination Agreement for property at 1822 Rochester Avenue. In 2012, the owner of the property received funding from the City of Iowa City with HOME funds for a housing rehabilitation project. The property has enough equity to cover the City's lien position. ITEM 4d(5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN 101- AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST CO., CORALVILLE, IOWA FOR PROPERTY LOCATED AT 2704 BROOKSIDE DRIVE, IOWA CITY, IOWA. Comment: Hills Bank and Trust Co. has requested that the City approve a Subordination Agreement for property at 2704 Brookside Drive. In 2006, the owner of the property received funding from the City of Iowa City for a housing rehabilitation project. The property has enough equity to cover the City's lien position. November 13, 2012 City of Iowa City Page 4 ITEM 4d(6) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN 4&q AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 710 MILLER AVENUE, IOWA CITY, IOWA. ITEM 4d(7) /a -g70 ITEM 4d(8) ITEM 4d(9) Comment: The owners of the property received assistance through the City of Iowa City TARP (Targeted Area Rehabilitation Program). The loan has been paid off; thus the lien needs to be released. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 509 CHURCH STREET, IOWA CITY, IOWA. Comment: The owners of the property received assistance through the City of Iowa City's Housing Rehabilitation Program in 2006. The loan has been paid off; thus the lien needs to be released. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2011 PARKING RAMP REPAIRS PROJECT. Comment: The project has Co. Inc. of West Des Moines and specifications. ❖ Project Estimated Cost: ❖ Project Bid Received: ❖ Project Actual Cost: been completed by Western Waterproofing , IA, in substantial accordance with the plans $ 176, 000.00 $ 107,000.00 $ 113,037.50 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1sT AVE. )[STP -U- 3715(654)-- 70 -52]. Comment: Bids for this project were opened on Tuesday, October 16, 2012, and the following bids were received: Metro Pavers, Inc. Iowa City, IA $ 6,620,967.68 Streb Construction Company, Inc.lowa City, IA $ 6,997,968.98 Portzen Construction, Inc. Dubuque, IA $ 7,499,855.98 Engineer's Estimate $ 7,193,000.00 Public Works and Engineering recommend award of the contract to Metro Pavers, Inc. of Iowa City, Iowa. The project 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. November 13, 2012 City of Iowa City Page 5 ITEM 4d(10) CONSIDER HIGHWAY PROJECT. A RESOLUTION ACCEPTING THE WORK FOR THE 218 AND MELROSE AVENUE TRAFFIC SIGNALIZATION Comment: The project has been completed by Neumiller Electric, Inc. 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: $ 111,000.00 ❖ Project Bid Received: $ 95,680.00 ❖ Project Actual Cost: $ 100,787.00 ITEM 4d(11) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 14- BURLINGTON / US HIGHWAY 6 BRIDGES FLOOD REPAIR PROJECT [ER- 3715(642)- -8R -52 & ER- 3715(641)-- 8R -521. Comment: The project has been completed by Vieth Construction of Cedar Falls, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. ❖ Project Estimated Cost: $ 76,703.00 ❖ Project Bid Received: $ 51,394.50 ❖ Project Actual Cost: $ 49,981.91 ITEM 4d(12) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE J STREET & SYCAMORE VIEW WATER MAIN - SOUTHEAST JUNIOR HIGH SANITARY SEWER PROJECT. Comment: The project has been completed by Carter & Associates of Coralville, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. ❖ Project Estimated Cost: $ 246,000.00 ❖ Project Bid Received: $ 258,061.00 ❖ Project Actual Cost: $ 255,079.57 ITEM 4d(13) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN, PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART TWENTY -TWO, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. November 13, 2012 City of Iowa City Page 6 ITEM 4d(14) CONSIDER A RESOLUTION APPROVING THE FISCAL YEAR -177 ENDING 2012 ANNUAL URBAN RENEWAL AREA REPORT. Comment: The Iowa Legislature enacted changes in Urban Renewal code 384.22 (2), effective July 1, 2012 to aid in providing greater public access to information about Tax Increment Financing. All reports must be approved by City Council before submission to the Iowa Department of Management on or before December 1, 2012. The City of Iowa City has eleven Urban Renewal Areas in effect during the most recently ended fiscal year and this report includes required reporting details on each. A copy of the report is on file in the City's Clerk office. ITEM 4d(15) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN !a— Y-78 AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH LEPIC- KROEGER REALTORS TO SELL AND LEASE PROPERTY IN AVIATION COMMERCE PARK. Comment: The Airport Commission and the City Council have had a listing agreement since January 2011 with Skogman Realty to sell and lease the property known as Aviation Commerce Park and the North Airport Subdivision, and the designated agent is Jeff Edberg. The listing agreement expires on December 31, 2012. Ten of the seventeen lots have been sold. Mr. Edberg recently became an owner with Lepic- Kroeger Realtors and would like to continue to list the remaining seven lots along the same terms and conditions as the Skogman Realty listing agreement which has been cancelled. At its meeting on November 15, the Commission will consider this proposal. The proposed agreement will expire December 31, 2013. ITEM 4d(16) CONSIDER A RESOLUTION ESTABLISHING POLICY FOR MICROFILMING AND ELECTRONIC IMAGING; AND DESTRUCTION OF RECORDS AND DOCUMENTS IN THE CITY CLERK'S OFFICE. Comment: This resolution assures consistency in the preservation of records stored in the City Clerk's office and would assist in providing that the copies were produced in the "regular course of business," which is one standard by which such items are judged when being offered as evidence in court. Similar resolutions were adopted in 1988 and 2000, reducing the storage time for hard copy folders once archived electronically. This resolution adds cemetery records to the policy. November 13, 2012 City of Iowa City Page 7 ITEM 4d(17) 4a-- 't &o CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR LOBBYING SERVICES. Comment: In 2011, the City contracted lobbying services with the Davis, Brown, Koehn, Shors & Roberts, P.C. The City has had a positive experience with their services and wishes to resign for another year of service with no changes in the contract. This Resolution authorizes the Mayor to sign and the City Clerk to attest a contract for lobbying services with the Davis, Brown, Koehn, Shors & Roberts, P.C. ITEM 4e. Public Hearings: ITEM 4e(1) CONSIDER A MOTION SETTING PUBLIC HEARING ON NOVEMBER 27, 2012 TO RECEIVE PUBLIC COMMENTS REGARDING AN ORDINANCE ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE WITH LOCAL AMENDMENTS. Comment: A public hearing is required when adopting a nationally recognized standard code or portions of such a code. A copy of the International Fire Code and proposed ordinance are available for review in the Clerk's office. ITEM 4e(2) CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR NOVEMBER 27, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 654 SOUTH LUCAS 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 654 South Lucas Street. The amount of the sale will be $155,000 (this is what the City paid to purchase the home) plus the "carrying costs," which are which are all 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. ITEM 4e(3) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON ra-- NOVEMBER 27, 2012 ON PLANS, SPECIFICATIONS, FORM OF 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. November 13, 2012 City of Iowa City Page 8 Comment: This project involves construction of a new Fuel Facility at the Public Works Complex, located on South Gilbert Street between Napoleon Lane and McCollister Boulevard for City vehicle use. This project was previously bid on September 27, 2012 and the contract was not awarded because the lowest bid exceeded the project budget. The project has been redesigned to reduce scope and cost. The redesigned facility will consist of two (2) fuel islands (each with two (2) pumps, four (4) nozzles and a fuel key pedestal) with an alternate for a third island, a canopy (alternate), three (3) 20,000 gallon underground storage tanks, and site work, paving, utility extension and mechanical, electrical and special plumbing /piping systems. The estimated cost of the project is $665,545 and will be funded with General Obligation Bonds. ITEM 4f. Correspondence: ITEM 4f(1) Acting Traffic Engineering Planner: Removal of the existing passenger loading zone from the east side of the 10 block of S. Johnson Street — restoring normal odd /even calendar parking. ITEM 4f(2) Traffic Engineering Planner: Installation of NO PARKING 8 AM — 5 PM MON - FRI signs on the east side of the 400 block of 2nd Avenue. ITEM 4f(3) Traffic Engineering Planner: Install NO PARKING HERE TO CORNER and NO PARKING CORNER TO HERE signs on the north side of River Street to the east and west of the intersection with Magowan Avenue. ITEM 4f(4) Melvin Lorenzo Kelly: Homelessness, Housing Authority and HUD. ITEM 4f(5) James J. White (x2); Michael Crawford; Marilyn Rosenquist; Cindy Roberts; Kurt Kimmerling: Taft Speedway Floodwall (Levee). ITEM 4f(6) Hany Hamza x2 (Red Line owner); David Tiet (Big Ten - Aardvark owner); Mark Paterno (Marco's owner); Roger Bradley (Yellow Cab manager); Mohamed Hassanein (Five Stars owner): Taxicab Issues. [Staff response included] 5' ITEM 4f(7) Melvin Lorenzo Kelly: Hurricanes and Tornadoes. ITEM 4f(8) Del Holland; Audrey Wiedemeier: Sharrows on Gilbert St.� ITEM 4f(9) Christina Canganelli and Carrie Norton: Appreciation for City Channel 4's Community Programming Division and Ty Coleman. ITEM 4f(10) Janice Horak: Appreciation for community event funding for Community String Orchestra. ITEM 4f(11) Matt Ohloff: Food & Water Watch. ITEM 4f(12) David Kimm Fesler: Fesler. ITEM 4f(13) Howard and Jo Hensch: Support of Senior Center. ITEM 4f(14) Michael Haring: Iowa City Juvenile Curfew Ordinance. ITEM 4f(15) Melvin Lorenzo Kelly: Poverty in America 2013. ITEM 4f(16) Brian Loring: Thank you for Think Bicycles. END OF CONSENT CALENDAR. Action: G�i ITEM 5. 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. ���� z ®,. CITY OF IOWA CITY MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: October 23, Agenda Additions CONSENT CALENDAR (Correspondence) ITEM 4f(6) Aric Hopkins: (Old Capitol Independent Taxi owner) Taxicab Issues ITEM 4f(8) Sheldon Baker: Sharrows on Gilbert St. November 13, 2012 City of Iowa City Page 9 ITEM 6. PLANNING AND ZONING MATTERS. (In accordance with the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications ". Council will discuss items # 6a, 6d, 6e, 6g only at the formal meeting). ITEM 6a CONSIDER A MOTION SETTING A PUBLIC HEARING FOR NOVEMBER 27 ON AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.02 ACRES OF LAND LOCATED ON 1ST AVENUE NORTH OF ROCHESTER AVENUE FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL(RS -5) TO LOW - DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (REZ12- 00025) Comment: It is anticipated that at its November 8 meeting the Planning and Zoning Commission will make a recommendation regarding the proposed rezoning. The Commission's recommendation will be forwarded to the Council prior to the November 13 meeting. Staff recommended approval with conditions in a report dated October 18, 2012. The proposed rezoning will allow the development of a multi - family building. ITEM 6b AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND -USE MAP DESIGNATION FROM OFFICE RESEARCH PARK TO LOW - DENSITY MULTI - FAMILY RESIDENTIAL (8 -16 DWELLING UNITS PER ACRE) FOR A 27 -ACRE AREA BOUNDED BY CAMP CARDINAL ROAD TO THE EAST, THE CARDINAL POINTE SOUTH SUBDIVISION ALONG RYAN COURT TO THE NORTH, AND CAMP CARDINAL BOULEVARD TO THE WEST, SUBJECT TO THE TEXT OF THE PLAN NOTING THAT ENVIRONMENTALLY - SENSITIVE AREAS AND LIMITED STREET ACCESS MAY RESULT IN DEVELOPMENT AT A LOWER DENSITY (CPA12- 00003). Comment: At its October 4 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of the proposed comprehensive plan amendment. Staff recommended approval in a report dated September 20, 2012. The change to the comprehensive plan will allow for the future rezoning of the property for low density multi - family use once the street access issues have been resolved and sensitive areas have been delineated and reviewed to determine the appropriate density of development. 1. PUBLIC HEARING Action: see-,, e kL . /vit- '14 U 2. CONSIDER A RESOLUTION Action: c % J7�c / November 13, 2012 City of Iowa City Page 10 ITEM 6c AMENDING THE CENTRAL DISTRICT PLAN TO CHANGE THE LAND - USE DESIGNATION FROM LOW TO MEDIUM DENSITY MULTI - FAMILY TO SINGLE - FAMILY AND DUPLEX RESIDENTIAL FOR PROPERTIES LOCATED AT 905, 909 AND 911 NORTH GOVERNOR STREET AND A PROPERTY BETWEEN 906 NORTH DODGE STREET AND 910 NORTH DODGE STREET (CPA12- 00004). Comment: At its October 4 meeting, by a vote of 6 -0 (Eastham recused), the Planning and Zoning Commission recommended approval of the proposed comprehensive plan amendment. Staff recommended approval in a report dated September 20. The City Council requested a review of the Comprehensive Plan future land -use map scenario for the subject area after City Council denied an application to rezone the property at 911 North Governor Street from Commercial Office (CO -1) to Low - Density Multi - Family Residential (RM -12) based on citizen concerns that further multi - family development in this location would be counter to the Comprehensive Plan and Strategic Plan goals of supporting neighborhood stabilization. 1. PUBLIC HEARING Action: /a - 484 2. CONSIDER A RESOLUTION Action: Dab b TvLs ;/0 ITEM 6d AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM - DENSITY SINGLE - FAMILY (OPD -8) PLAN FOR SADDLEBROOK MEADOWS PART 1 TO ADD A SINGLE -STORY RANCH -STYLE HOUSE PLAN TO THE PREVIOUSLY APPROVED OPD PLAN FOR PROPERTY LOCATED AT WHISPERING MEADOWS DRIVE AND PINTO LANE. (REZ12- 00022) Comment: At its October 4 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of the proposed amendment to the previously approved Planned Development Plan for Saddlebrook Meadows Part 1. Staff recommended approval in a report dated October 4. The proposed amendment to the OPD Plan will allow single -story ranch -style houses to be built on certain lots within the planned development. PUBLIC HEARING Action: e A!f� 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: z i ��C U November 13, 2012 City of Iowa City Page 11 ITEM 6e CONDITIONALLY REZONING APPROXIMATELY 1.38 ACRES LOCATED AT 1030 WILLIAM STREET FROM COMMERCIAL OFFICE (CO -1) TO MEDIUM - DENSITY MULTI - FAMILY (RM -20). (REZ12- 00023) [Discussion only at formal meeting] Comment: At its October 4 meeting, by a vote of 5 -0 (Eastham and Martin recused), the Planning and Zoning Commission recommended approval of the proposed rezoning provided that the multi - family units built on the property are reserved exclusively for elderly and /or disabled persons and provided that a landscaping plan be approved by Design Review to ensure that some usable private and /or semi - private outdoor space be provided for the tenants and the area south of the building and parking area be adequately screened from the single family homes located south of the property. Staff recommended approval in a report dated October 4, 2012. The proposed rezoning will allow the property to be developed for medium density elderly apartment housing. 1. PUBLIC HEARING Action: S"' ex�� 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: /S,/,- 14, MS ITEM 6f AMENDING TITLE 14, ZONING CODE, ARTICLE 4C, ACCESSORY USES AND BUILDINGS, TO ALLOW FOR THE KEEPING OF CHICKENS AS AN ACCESSORY USE TO SINGLE FAMILY DETACHED USES AND TO REFERENCE STANDARDS FOR STRUCTURES FOR THE KEEPING OF CHICKENS. Comment: At its October 4 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of the proposed rezoning. Staff recommended approval in a memo dated September 24, 2012. The proposed zoning code amendment will allow keeping of chickens as an accessory use to detached single family uses and establishes that certain standards and restrictions apply for said accessory uses and for structures for the keeping of chickens according to the animal control section of the City Code. ordinance that amends the animal control code section and creates a permit system for keeping chickens. Passage of the animal control ordinance is dependent on passage of the zoning ordinance. PUBLIC HEARING / Action: �i 2X° a"' 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: 12 S�0- ' 0 U Tells November 13, 2012 City of Iowa City Page 12 ITEM 6g CONSIDER 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] (SECOND CONSIDERATION) 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: /..1t ITEM 6h CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF 0- _ 4 fS ROCHESTER RIDGE PART THREE, IOWA CITY, IOWA. (SUB12- 00011) Comment: The preliminary plat was approved by the City Council in 2011. Staff recommends approval of the final plat subject to approval of legal papers and construction drawings. It is anticipated that legal papers and construction drawings will be approved prior to the November 13 City Council meeting. Approval will allow the development of Rochester Ridge Part Three, a 13 -lot, 4.49 acre residential subdivision located at the south end of Teton Circle, south of Rochester Avenue. Action: ITEM 7. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2538 NEVADA AVENUE. Comment: The property at 2538 Nevada Avenue was declared a nuisance and acquired by the City. The City has entered into a contract for the sale of 2538 Nevada Avenue for $64,000 and rehabilitation of the currently existing structure. This sale will best reimburse the City for the expenses incurred, as well as see to the rehabilitation of the property consistent with the original style of the home and neighborhood. The buyer is the "Iowa Valley Habitat for Humanity" a. PUBLIC HEARING 6eve en.,�,a, Action: id- 4Qlo _ b. CONSIDER A RESOLUTION Action: 7 November 13, 2012 City of Iowa City Page 13 ITEM 8. CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 656 SOUTH LUCAS 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 656 South Lucas Street. The amount of the sale will be $155,000 (this is what the City paid to purchase the home) plus "carrying costs" of approximately $11,700. "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: v �a -itg? b. CONSIDER A RESOLUTION Action: / s O ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL," TO ESTABLISH A PERMIT PROCESS FOR URBAN CHICKENS. (FIRST CONSIDERATION) Comment: This ordinance creates a permit system for urban chickens. The permit policy including the requirements for the coops and the pens will be adopted by resolution. Although the resolution adopting an urban chicken policy will not be on the agenda until Council considers this ordinance for the third time (tentatively December 4), a draft of the urban chicken policy is attached to the staff memo. Passage of this ordinance depends on the passage of an amendment to the zoning code to allow chicken coops as an accessory use, which is agenda item #6f. Correspondence is included in Council packet. Action: SAY- Or1 Pa�n e ;C—& S November 13, 2012 City of Iowa City Page 14 ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL" AND TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 5, ENTITLED "CITY PLAZA," AND CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS," TO ALLOW DOGS IN CITY PLAZA, TO PROHIBIT DOGS IN SIDEWALK CAFES, AND TO ALLOW DOGS TO BE OFF LEASH IN ALL DOG PARKS. (FIRST CONSIDERATION) Comment: The Iowa City Downtown District has requested that dogs be allowed on City Plaza (aka, the ped mall). This ordinance will allow dogs on City Plaza if the leash is less than 6 feet in length except that dog cannot be: a) within 15 feet of the playground equipment; b) tethered to public or private property; c) in a sidewalk cafe or outdoor service area; or d) in a limestone planter. Last, the City Code provides that dogs may be off leash in Thornberry Dog Park, but the Code was not amended when the City opened Rita's Ranch Dog Park. This ordinance allows dogs to be off leash in all City dog parks. Action: WA ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE, SECTION 4, WASTEWATER TREATMENT WORKS USER CHARGES, AND SECTION 5, SOLID WASTE DISPOSAL, TO INCREASE THE DEPOSIT FOR UTILITY ACCOUNTS; AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES — GENERAL PROVISIONS, SECTION 5, ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED, TO HOLD DEPOSITS UNTIL ACCOUNTS ARE CLOSED; AND AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES — GENERAL PROVISIONS, SECTION 6, BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS, TO ENSURE THE IMPOSITION OF LIENS CONFORMS TO STATE CODE. (FIRST CONSIDERATION) Comment: This Ordinance amendment will increase the combined residential tenant account deposit for water, sewer, and solid waste from $80 to $120, and make the minimum deposit for commercial accounts $120 as well. It will also change procedure from returning the deposits after 15 months to returning them when the account is closed. Finally, this amendment will ensure that the City's lien procedures comply with recent changes to State code, as amended. Action: V Vk t iwS / Pliw .-" 1.5r [° V ;U� P November 13, 2012 City of Iowa City Page 15 ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 5, ENTITLED, "USE BY MOBILE VENDORS," TO CHANGE THE DURATION OF A MOBILE VENDING PERMIT FROM ONE YEAR TO THREE YEARS AND TO LIMIT THE OWNERSHIP INTEREST TO THREE CARTS. (FIRST CONSIDERATION) ITEM 13. !1A- +%% Comment: Presently mobile vending permits to sell food and beverages from carts on City Plaza and Iowa Avenue are issued every year. Staff proposes amending the Code to provide that the permit will be for three years, which is consistent with the policy for sidewalk cafes in the street and in planters. The City will retain the flexibility to terminate the permit upon 120 -day notice if Council decides to reduce or eliminate the mobile vending program. Additionally, if a vender, for example, with a three -year permit goes out of business in year two, the administrative rules will address how a permit may be issued to a "replacement vender" to fulfill the three -year period. Action: CONSIDER A RESOLUTION ESTABLISHING AND AMBULATORY VENDING PERMIT RESOLUTION NO. 10 -67. h5t e, A Ym y O MOBILE VENDING LMIT FEES AND RESCINDING Comment: For ease of administration, staff is recommending that the fee for electrical use by mobile venders be an annual fee, rather than a monthly fee. The fee presently is $15 per month and staff proposes $180 per year. All other fees remain the same. Action: ITEM 14. CONSIDER A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, LOCAL #610, TO BE EFFECTIVE JULY 1, 2013 THROUGH JUNE 30, 2016. 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. Action: �Q�G(iv, / 721"r &--;,t s j 4 k,�s poi a� November 13, 2012 City of Iowa City Page 16 ITEM 15. CONSIDER A RESOLUTION DIRECTING SALE OF $2,700,000 TAXABLE M - , f �t> URBAN RENEWAL REVENUE BONDS, SERIES 2012D Comment: The Bonds will be used to pay costs of aiding in the planning, undertaking, and carrying out of an urban renewal project, including one or more grants to Central Park L.L.C. totaling $2.5 million. Bids were received at 10:00 am on November 13, 2012 for the sale of $2,700,000 Taxable Urban Renewal Revenue Bonds (Dollar amount subject to change). This resolution ratifies and confirms the actions of the Finance Director and City 9lerk in the determination of the most favorable bid. 'Se4" 6 Action: ITEM 16. CONSIDER A MOTION APPROVING CONTINUING DISCLOSURE CERTIFICATE. Action: �[l�i v►�_Q� ITEM 17. CONSIDER A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,700,000 TAXABLE URBAN RENEWAL REVENUE BONDS, lit - 4q ( SERIES 2012D, OF THE CITY OF IOWA CITY, STATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE BONDS. Comment: This resolution provides final authorization for the issuance of $2,700,000 Taxable Urban Renewal Revenue Bonds. The Continuing Disclosure Certificate is being executed and delivered for the benefit of the holders and beneficial owners of the bonds and in order to comply with Securities Exchange Commission (SEC) rule 15c2- 12(b)(5). Action:hf�llYyCS �✓Cr�/(' �� ITEM 18. 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 18a Airport Zoning Brd of Adjustment - One vacancy to fill a five -year term January 1, 2012 - December 31, 2016. (New full term). ITEM 18b 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 18c Airport Zoning Commission - One vacancy to fill a six -year term January 1, 2010 - December 31, 2015. (Term expires for Brian Sponcil) November 13, 2012 City of Iowa City Page 17 ITEM 18d 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, NOVEMBER 28, 2012. New: ITEM 18e Parks and Recreation Commission — Two vacancies to fill four -year terms, January 1, 2013 — January 1, 2017. (Term expired for Maggie Elliott, Aaron Krohmer). Due to a publication error, the vacancies will be readvertised and applications will be accepted until December 12th and appointment deferred to December 18th. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, DECEMBER 12, 2012. ITEM 19. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. �4ITEM 19a ITEM 19b 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).LL Action: /I�� iv�J i� Il Board of Adjustment — One vacancy to fill a five -year term, January 1, 2013 — January 1, 2018. (Term expires for Caroline Sheerin). �/ � Me 0 - ITEM 19c 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). eZj,1l �' A" &. Action: A t�. 64z � -/ 6i *_ x_ % ITEM 19d Public Art Advisory Committee — One vacancy to fill a three -year term, January 1, 2013 — January 1, 2016. (Term expires for Mark Seabold). Action:�x ITEM 19e 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). Action: OO_ November 13, 2012 City of Iowa City Page 18 ITEM 19f City Council Economic Development Committee alternate — To serve in the absence of, or when a conflict of interest arises with, one of three Council Member appointees. This item should be deferred indefinitely. Action: ITEM 20. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 21. CITY COUNCIL INFORMATION e X RJ ITEM 22. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. s%6X`�" b) City Attorney. _ O — c) City Clerk. 4% ITEM 23. CONSIDER A MOTION TO ADJOURN TO EXECUTIVE SESSION TO EVALUATE THE PROFESSIONAL COMPETENCY OF INDIVIDUALS WHOSE APPOINTMENT, HIRING, PERFORMANCE OR DISCHARGE IS BEING CONSIDERED WHEN NECESSARY TO PREVENT NEEDLESS AND IRREPARABLE INJURY TO THAT INDIVIDUALS' REPUTATIONS AND THOSE INDIVIDUALS REQUESTED A CLOSED SESSION. (City Attorney, City Clerk�City Manager) Action: r L ITEM 24. ADJOURN.f /�jLC�yr.d /a. '06-2", �6