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HomeMy WebLinkAbout2012-12-04 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. Iowa City City Council Agenda y Regular Formal CITY OF IOWA CITY December 4, 2012 - 7:00 p.m. City Hall — Harvat Hall 410 E. Washington Street www.icaov.ora ITEM 1. CALL TO ORDER. ITEM 1 a Roll Call ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS — Horace Mann Elementary ITEM 3. PROCLAMATION ����,9, �� �,J(L �,�yv�, ITEM 3a. Human Rights Day — December 10 ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. ITEM 4a. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). ITEM 4a(1) Human Rights Commission — October 16 ITEM 4a(2) Police Citizens Review Board — October 9 ITEM 4b. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal) ITEM 4b(1) Class C Beer Permit for Sector, Inc., dba Creekside Market, 2601 Highway 6 East. ITEM 4c. Resolutions and Motions: ITEM 4c(1) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $21,110,904.06 FOR THE PERIOD OF OCTOBER 1 THROUGH OCTOBER 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. December 4, 2012 City of Iowa City Page 2 ITEM 4c(2) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A "GREAT PLACES" GRANT AGREEMENT WITH THE STATE OF IOWA FOR THE IOWA RIVER RESTORATION /BURLINGTON STREET DAM PROJECT. Comment: The Iowa Dept. of Cultural Affairs has awarded the City a $152,000 grant for the Iowa River restoration /Burlington Street dam project contingent on receipt of a grant from the Iowa Dept. of Natural Resources. The local match is $25,000, which will come from the CIP for this project. This resolution authorizes the City Manager to sign the grant agreement. ITEM 4c(3) CONSIDER A RESOLUTION ESTABLISHING THE CITY OF IOWA CITY'S 2013 LEGISLATIVE PRIORITIES. Comment: In preparation for 2013 legislative session, Council and staff will meet with the area's state elected officials to discuss the issues the City has identified as priorities to be addressed by the State. Presented here are the City's 2013 legislative priorities for review and approval by Council in advance of the area legislative meeting. Staff will collaborate with the City s lobbyist and area legislators to develop strategies to address these issues during the upcoming legislative session. ITEM 4d. Setting public hearings: ITEM 4d(1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON DECEMBER 18, 2012 ON PLANS, SPECIFICATIONS, FORM OF Ia�S12. CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FAIRMEADOW PARK SPLASH PAD 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 providing and installing a new Vortex Aquatic Structure Products Splash Pad System from Outdoor Recreation Products at the Fairmeadows Park located at 2451 Miami Drive in Iowa City, Iowa. The work will include above and below ground mechanical, electrical and plumbing systems, water containment and recirculating pump system, and a vandal resistant enclosure. There will be alternates for a parking lot, and sidewalks. The contractor will be responsible for all associated mechanical, structural, paving and electrical work. The estimated construction cost is $297,117 and will be funded with CDBG funds. ITEM 4c. Correspondence: ITEM 4e(1) Melvin Lorenzo Kelly: Nationwide Musical Project. ITEM 4e(2) Matt Miller: Condemn Uganda's `Kill The Gays' Bill ITEM 4e(3) Nicholas Davidson: Landfill Fire Insurance. [Staff response included] a . END OF CONSENT CALENDAR. Action: ale l CITY OF IOWA CITY MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: December 4, Agenda Additions CONSENT CALENDAR (Correspondence) ITEM 4e(4) John Monick [Item No. correction], Carol de Prosse: Taft Speedway Floodwall (Levee) ITEM 4e(5) Denise Halter, Edward Weisberg, Cliff Pirnat, Palmer Holden; [Article submitted by City Manager] : Plastic Bag Ban ITEM 4e(6) Matt Ohloff: GE Labeling Resolution December 4, 2012 City of Iowa City Page 3 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. 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, 6c, 6d) only at the formal meeting). ITEM 6a CONSIDER A MOTION SETTING A PUBLIC FOR DECEMBER 18 ON AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 8.21 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH DODGE STREET AND PRAIRIE DU CHIEN ROAD FROM MEDIUM DENSITY SINGLE FAMILY (RS -8), NEIGHBORHOOD PUBLIC (P -1) AND HIGHWAY COMMERCIAL (CH -1) TO PLANNED DEVELOPMENT OVERLAY - COMMUNITY COMMERCIAL (OPD- CC -2). (REZ12- 00026) Comment: It is anticipated that the Planning and Zoning Commission will make a recommendation regarding the proposed rezoning at their December 6 meeting. Staff recommended approval with conditions to address compatibility with the adjacent single family residential neighborhood in a report dated November 15, 2012. The proposed rezoning will allow the former Robert's Dairy property to be redeveloped as a Hy -Vee grocery store and a convenience store and gas station. Action: 1 ITEM 6b CONSIDER A MOTION SETTING A PUBLIC HEARING FOR DECEMBER 18 ON AN ORDINANCE TO VACATE THE RIGHT -OF -WAY FOR A PORTION OF ST. CLEMENTS ALLEY (VAC12- 00004). Comment: It is anticipated that the Planning and Zoning Commission will make a recommendation regarding the proposed vacation at their December 6 meeting. Staff recommended approval in a staff report dated November 15, 2012. Action: _)_R l >z�i.�e� app ITEM 6c CONSIDER 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) (SECOND CONSIDERATION) [Discussion only at formal meeting] Comment: At its November 8 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval. Staff recommended approval with conditions in a report dated October 18, 2012. The proposed rezoning will allow the development of a multi - family building. The contractor has requested , expedited ation. Action: 00 s December 4, 2012 City of Iowa City Page 4 ITEM 6d /a-- 4S.O2- ITEM 6e /a -+So3 CONSIDER AN ORDINANCE 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) (PASS AND ADOPT) [Discussion only at formal meeting] 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. Action: v U y� Rio CONSIDB AN RDINA E AMENDING TITLE 14, ZONING CODE, ARTICL t 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. (PASS AND ADOPT) 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. Item # 9 is an 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. Staff recommends that items # 9 and 10 be moved up by motion and discussed at the same time. Action: ) YL4;w,a I j2 w- ► -13 i 4� I i December 4, 2012 City of Iowa City Page 5 ITEM 7. PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROCHESTER AVENUE BRIDGE OVER RALSTON CREEK PROJECT [BRM- 3715(650)-- 8N -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 construction of a new bridge on Rochester Avenue over Ralston Creek. The new bridge will consist of 2 -18' lanes for traffic with 9' sidewalks on both sides, new storm sewer and water main within the bridge footprint and improved stream bank stabilization in Ralston Creek. The City will improve the water main and extend a sidewalk from the east side of the bridge to Seventh Avenue. The existing bridge is considered structurally deficient and has qualified to receive Federal -aid funding for replacement through the Highway Bridge Program. The estimated cost of the project is $1,137,983.70 and will be funded through the Highway Bridge Program, General Obligation bond proceeds and Water revenues. a. PUBLIC HEARING Action: AWL, �p� 12 b. CONSIDER A RESOLUTION Action: ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 7, GAAPTER 1, FIRE PREVENTION AND PROTECTION, BY ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY AND PROVIDING FOR THE ISSUANCE OF PERMITS. (SECOND CONSIDERATION) Comment: A copy of the International Fire Code and proposed ordinance are available for review in the Clerk's office. 710 Action: �!% December 4, 2012 City of Iowa City Page 6 ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL," TO ESTABLISH A PERMIT PROCESS FOR URBAN CHICKENS. (SECOND CONSIDERATION) Comment: This ordinance creates a permit system for urban chickens. During consideration of a similar ordinance on November 27, Council amended it to provide that the permit will be for three years, rather than one year. Staff recommends that the second and third readings be collapsed, which will take a vote of 6 council members. The permit policy including the requirements for the coops and the pens will be adopted by resolution (See agenda item # 10). If the readings are not collapsed, then the resolution adopting the policy cannot be considered and will need to be deferred to December 18. 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 # 6e. Correspondence is included in Council packet. Staff requests expedited action. ITEM 10. CONSIDER A RE OL�ADOPTING AN URBAN CHICKEN P Comment: The agenda contains two related items. Item # 6e is a zoning ordinance to allow coops as accessory uses, and Item 10 provides for an urban chicken permitting process. If both are adopted, then Council may consider this resolution which adopts an urban chicken policy that sets forth all the details for keeping chickens, such as the number allowed (4) and requirements for the coops and the pens. As Council discussed at the November 27 work session, the policy provides that no permit will be issued without consent of the neighbors. Following the work session, staff discussed in more detail the issue of whether the neighbor should be the tenant or the owner. Staff recommends that it should be the owner, and the proposed policy defines neighbor as the owner. Action: ITEM 11. 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. (PASS AND ADOPT) 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: w- i�u"..° awe , -tw ; December 4, 2012 City of Iowa City Page 7 ITEM 12. 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 /a^ 4 SO-5 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. (PASS AND ADOPT) 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. J� �;>`z Action: �- Ua % � Ib C� d �p ITEM 13. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, 4,50 to 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. (PASS AND ADOPT) 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: nU4." XD December 4, 2012 City of Iowa City Page 8 ITEM 14. CONSIDER AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THAT AREA ADDED TO THE CITY - UNIVERSITY PROJECT 1 URBAN RENEWAL AREA PURSUANT TO THE TENTH AMENDMENT THERETO IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE CITY - UNIVERSITY PROJECT 1 URBAN RENEWAL PLAN. (SECOND CONSIDERATION) Comment: Adopting a TIF (Tax Increment Financing) ordinance is the final step to establish a TIF district. Upon adopting Amendment #10 to the City- University Project 1 Urban Renewal Area, and increasing the size of the City- University Urban Renewal Area, the City must also adopt a TIF ordinance for the amended area. The TIF ordinance allows for the opportunity of new taxes derived from the development of taxable property in the Urban Renewal Project Area to be divided and used for loans, rebates, grants, advances, indebtedness, or bonds payable for projects approved by City Council. p Action: ITEM 15. CONSIDER AN ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED "TAXICABS" TO REQUIRE A DISTINCTIVE COLOR SCHEME FOR ALL VEHICLES DRIVEN BY A COMPANY; REQUIRE LOCATION OF A DISPATCH OFFICE TO BE IN IOWA CITY OR CORALVILLE CITY LIMITS AND ALLOW FLEXIBILITY FOR DISPATCHING FROM THE OFFICE; RESTRICT NEW COMPANIES TO STARTING JUNE 1 OF EACH YEAR; CLARIFY LANGUAGE RE VEHICLE LETTERING, AND REQUIRE DRIVER IDENTIFICATION TO BE POSTED IN THE VEHICLE FACING THE PASSENGERS. (SECOND CONSIDERATION) Comment: A meeting was held with City staff and taxicab companies on October 31, 2012. A summary of that meeting and recommendations was presented to Council at the November 13 work session. Council directed staff to proceed with the changes that include a distinctive color scheme per taxi company, changing the license year to June 1, and requiring the location of the dispatch office to be within the Iowa City or Coralville City limits. A minor change affecting the placement of the driver identification location was made after comments received at t November 27 meeting. Action: YV1 * W4 % M /% / December 4, 2012 City of Iowa City Page 9 ITEM 16. PUBLIC COMMENT ON DEVELOPMENT PROPOSALS FOR THE REDEVELOPMENT OF THE NORTHEAST CORNER OF THE COLLEGE STREET AND GILBERT STREET INTERSECTION. Comment: Iowa City has solicited and received conceptual development proposals for property at the northeast corner of College Street and Gilbert Street. A selection committee consisting of representatives from the City Council, City Manager's Office, City Attorney's office, Dept. of Planning and Community Development and Dept. of Public Works and Engineering has selected five finalist proposals, including 4 Zero 4, The Chauncey, Chauncey Gardens, Ryan Company /Iceberg Group and Sherman Associates. The five finalists made presentations to the City Council on November 26; and finalist proposals are on the City's website for public viewing at www.icgov.org /cqproiect. The City Council is expected to discuss selection of a preferred developer / development concept at its Decembers 118� meeting . Correspondence included in Council packet. ' Action: ITEM 17. ANNOUNCEMENT OF VACANCIES. Applicants�IMUST 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 17a Board of Appeals — One vacancy, for a Home Builders Association Representative; Or a qualified trade representative, if after 3 months no professional applies or is appointed, to fill a five -year term January 1, 2013 - December 31, 2017. (Term expires for John Roffman). ITEM 17b Board of Adjustment — One vacancy to fill a five -year term, January 1, 2013 — January 1, 2018. (Term expires for Caroline Sheerin). ITEM 17c Public Art Advisory Committee — One vacancy to fill a three -year term, January 1, 2013 — January 1, 2016. (Term expires for Mark Seabold). ITEM 17d 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. ITEM 17e Senior Center Commission — One vacancy to fill a three -year term, January 1, 2013 — December 31, 2015. (Term expires for Sarah Maiers). This appointment for an at -large member, who is an eligible elector of Johnson County Iowa but not a resident of the City of Iowa City, will be appointed by majority vote of the six City Council appointees to the Commission APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, DECEMBER 12, 2012. December 4, 2012 City of Iowa City Page 10 ITEM 18. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. ITEM 18a Airport Zoninq Brd of Adjustment — One vacancy to fill a five -year term January 1, 2012 - December 31, 2016. (New full term). Action: 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). Action: ITEM 18c Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2010 — December 31, 2015. (Term expires for Brian Sponcil) Action: ITEM 18d Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2012 — December 31, 2017. (New full term). Action: ITEM 19. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 20. CITY COUNCIL INFORMATION. ITEM 21. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. b) City Attorney. c) City Clerk. ITEM 22. ADJOURN (adjourn to work session if necessary). y -�a