HomeMy WebLinkAbout2012-12-04 Resolution4c(2)
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 12 -510
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.
WHEREAS, the Iowa Dept. of Cultural Affairs has awarded the City a $152,000 "Great Places" grant
for the Iowa River restoration /Burlington Street dam project contingent on receipt of a grant from the
Iowa Dept. of Natural Resource;
WHEREAS, the local match is $25,000, which will be paid for through CIP account number 4609-
458000 for the Burlington Street Dam project;
WHEREAS, this project will enhance the safety the Iowa River, increase the recreational use, and
help the environment; and
WHEREAS, it is the City's interest to enter into the grant agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Manager is authorized to sign the Iowa Dept. of Cultural Affairs "Great Places" for the
Iowa River Resoration /Burlington Street dam project grant and amendments as needed.
Passed and approved this 4th day of December , 2012.
MAYOR
�... -..
City Attorney's Office
Resolution No. 12 -510
Page 2
It was moved by Champion and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
Y_
x
x
x
NAYS:
ABSENT:
the
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
CITY OF IOWA CITY 4�1
N%2r� 4�"w .r%1 MEMORANDUM
Date:
November 28, 2012
To:
Tom Markus, City Manager
From:
Geoff Fruin, Assistant to the City Manager
Re:
2013 Legislative Priorities
As discussed at the November 27, 2012 work session, a resolution reflecting Iowa City's 2013
State legislative priorities has been prepared for Council action in advance of the meeting with
our area legislators.
While these priorities are largely consistent with those proposed by the Iowa League of Cities,
the Metropolitan Coalition, they are more specific to Iowa City's needs, concerns, and current
environment.
The 2013 Iowa City legislative priorities are as follows:
1. Support of the Chicago to Omaha passenger rail project
2. Responsible tax reform
3. Increased funding for road and bridge needs
4. Fair and sustainable pension systems
5. Supporting the Iowa League of Cities and Metropolitan Coalition legislative priorities
unless otherwise modified by the City.
With Council's approval, staff will work with our area legislators and lobbying firm to affect
positive State legislative action specific to these priorities.
If c (3)
Prepared by: Geoff Fruin, Assistant to the City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5014
RESOLUTION NO. 12 -511
RESOLUTION ESTABLISHING THE CITY OF IOWA CITY'S
2013 LEGISLATIVE PRIORITIES
WHEREAS, the Iowa City City Council seeks to encourage legislation that enhances economic
development and opportunity in Iowa City as well as the State of Iowa; and
WHEREAS, the City of Iowa City and other cities play a critical role in the future of the State; and
WHEREAS, it is in the interest of the citizens of Iowa City that the City Council establish legislative
priorities and convey said priorities to: State legislators who directly represent Iowa City, other
State legislators, and to the Governor and the Governor's administration.
NOW, THEREFORE, BE IT RESOLVED that the Iowa City City Council hereby outlines its
legislative proposals to the Iowa City area legislative delegation for the 2013 Iowa State legislative
session as follows, listed in order of priority:
SUPPORT OF THE CHICAGO TO OMAHA PASSENGER RAIL PROJECT
The State of Iowa must elect whether to accept a 2010 federal grant that would establish
regional passenger rail service from Chicago into Iowa City. A robust passenger rail network is
rapidly growing in the Midwest and it is economically imperative to Iowa's economic future that it
be included in this initiative. Establishing service to Iowa City is the first step in a long -term
strategy to connect the major population centers of the State. Without this first step, Iowa will
be placed at a significant economic disadvantage as the surrounding states will continue to
leverage this transportation network advantage. Over the last decade, Amtrak has experienced
record ridership and greatly improved on -time performance. Expanding this transportation
alternative will provide a significant economic boost both locally in Eastern Iowa and throughout
the entire State.
RESPONSIBLE TAX REFORM
The City is an advocate for property tax relief that does not impact local governments' ability to
provide necessary services and infrastructure or that necessitates a tax shift to residential
payers. If tax reform is pursued in a manner that impacts local governments, then consideration
should be given to alternative revenue sources that would give cities flexibility to protect against
service cuts or tax shifts. The City is strongly opposed to the reclassification of multiple family
residential units from commercial to residential. This change would have a disproportionate
impact to Iowa City and other university communities and will not yield significant savings to
renters in those areas, such as Iowa City, where vacancy rates are extremely low.
The City Council is committed to lowering property tax rates based on well - planned local
decisions. Such steps were taken in FY 2013 and will be carefully evaluated in the FY 2014
budget.
Resolution No. 12 -511
Page 2
INCREASED FUNDING FOR ROAD AND BRIDGE NEEDS
Cities depend on road use tax funding to support a healthy road and bridge infrastructure that
serves the local taxpayers and businesses. Due to increased fuel economy, lower vehicle
ownership rates and the expansion of alternative travel options, growth in road use tax
revenues have not kept pace with the rising costs of labor, materials and construction costs. As
a result, cities are deferring more maintenance projects and are shifting the financial burden to
property taxes. Without an increase in the road use tax there will be continued deterioration of
our road and bridge network and increasing pressures on property tax paying residents and
businesses. This issue directly impacts Iowa's ability to recruit, maintain and expand our local
and statewide economies.
FAIR AND SUSTAINABLE PENSION SYSTEMS
Cities that are required to participate in the State MFPRSI pension system for public safety
personnel are experiencing rapidly growing costs. Since FY 2011 Iowa City's contribution into
the pension system has grown by 62% or approximately $1,000,000. These rapidly increasing
costs are inflating local property tax rates. The State needs to carefully examine the long -term
financial feasibility of this system and consider reforms that protect taxpayers and ensure that
our public safety employees have fair benefits that can be sustained and counted on in their
retirement years.
IOWA LEAGUE OF CITIES and METROPOLITAN COALITION PRIORITIES
Iowa City, as a member city of both organizations, supports the legislative priorities set forth by
the Iowa League of Cities and by the Metropolitan Coalition for the 2013 legislative session,
unless otherwise altered by the City.
Passed and approved this 4th day of December , 20__L_.
i__ t� 4
MAYOR
A roved b
ATTEST:
CITY CLERK City Attorney's Office
Resolution No. 12 -511
Page 3
It was moved by Champion . and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
x
x
x
x
x
x
x
Mims the
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
r
--0-- CITY OF IOWA CITY 4d1�
MEMORANDUM
Date: November 27, 2012
To: Tom Markus, City Manager
From: Michael Moran, Director of Parks and Recreation
Re: Consider a resolution setting a public hearing on December 4, 2012 on plans
specifications, form of contract, and estimate of cost for the construction of the Fairmeadows
Park Splash Pad, directing the city clerk to publish notice of said hearing, and directing the city
engineer to place said plans on file for public inspection.
Introduction: This project will be to install a new Splash Pad in Fairmeadows Park with CBDG
funding; the pad will be similar to the existing pad at Wetherby Park and enhance the
neighborhood.
History /Background: In 2011 CDBG monies were allocated to purchase the Chadek Property.
After negotiations, the assessed value offer was refused by the family. Those funds then were
reallocated to build and install a splash pad in Fairmeadows Park.
Discussion of Solution: There were two projects that the Parks and Recreation Department
applied for with the Housing and Community Development committee; the Chadek Property
and the Fairmeadows Splash Pad. The Housing and Community Development committee
approved the Chadek Property as its first priority and when that offer was rejected voted to
re- allocate the funding to our second application, the Splash Pad at Fairmeadows Park.
Recommendation: Approve the public hearing and begin the process of installing a new
splash pad.
Fiscal Impact: The additional costs for this Splash Pad will be a seasonal on -going
maintenance expense for the Park and Recreation Department
7
'6%
Prepared by: Kum! Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356 -5044
RESOLUTION NO. 12 -512
RESOLUTION SETTING A PUBLIC HEARING ON DECEMBER 18, 2012 ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE FAIRMEADOW PARK SPLASH PAD PRO-
JECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,
AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
WHEREAS, funds for this project are available in the Fairmeadows Park Splash Pad
account # 4180.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above - mentioned project is to be held on the 18th day of
December, 2012, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by
the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above -named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above -named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 4th day of December 120 12
40AU���_
MAYOR
Approved by
ATTEST: CL+I rj�zrc� frza Y.
CITY btERK City Attorney's Office 11h--71(,?_
SAENGWRCHITECTURE FILE\Projects\Fairmeadow Park Splash Pad Project \Front ends Fairmeadows Park Splash pad \Set Public Hearing Project- Fairmeadows Park
Splash Pad.doc
Resolution No. 12 -512
Page 2
It was moved by Champion . and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
x
x
x
x
x
_ x
x
Mims the
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Prepared by Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356 -5030
RESOLUTION NO.
RESOLUTION ADOPTING AN URBAN CHICKEN POLICY.
WHEREAS, the City has adopted an ordinance providing for permits to be issued for
urban chickens;
WHEREAS, the attached policy sets forth the details for keeping chickens, such as the
number of chickens, requirements for the coops and the pens, consent of neighboring
properties, and amount of fees; and
WHEREAS, it is in the City's interest to adopt the attached policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
1. The attached "Urban Chicken Policy" is adopted.
Passed and approved this day of 12012.
ATTEST:
CITY CLERK
MM IA
Appr ved b
City Attorney's Office
- f-
10
URBAN CHICKEN POLICY
(Adopted in Resolution No. 12 -__)
Definitions
1. Chicken: A member of the subspecies of gallus gallus domesticus, a domesticated
chicken.
2. Coop: A cage, enclosure or building used for housing and protecting chickens from
weather and predators.
3. Feeder: A device or apparatus for supplying food.
4. Nesting Box: A three -sided box with floor where chickens rest and lay eggs.
5. Pen: An enclosure for chickens which allows freedom of movement but also prevents
escape.
6. Roost: A support on which chickens rest.
7. Rooster: A male chicken.
Permit Granted /Denied
The Police Chief, or designee, shall issue an urban chicken permit if:
1. The property has passed inspection.
2. The application fee has been paid.
3. There are no outstanding violations of local, state or federal law on the property.
4. The location, coop, and pen meet all the requirements of this policy.
5. The application is complete.
6. If it is a renewal, all outstanding reinspection fees have been paid.
Neighbor Consent
1. No permit shall be issued without the written consent of the owners of adjacent
properties. A consent form will be included in the application.
2. Adjacent property means all parcels of property that share a property line with the
applicant's property including properties that contact each other only at one point.
Terms of Permit
The permit shall contain, at a minimum, the following conditions:
1. The permittee shall follow the City Code and state law regarding animal care.
November 28, 2012
Page 2
2. The permittee grants the City the right to inspect the coop and pen one year after the
permit is issued and at any other time to investigate a complaint.
3. The permit is a limited license for the activity and no vested zoning rights arise from the
permit being issued. The permit does not run with the land.
3. Private restrictions on the use of the property shall remain enforceable and shall
supersede the permit. The private restrictions include, but are not limited to, deed
restrictions, condominium restrictions, neighborhood association bylaws, covenants and
restrictions, and rental agreements. A permit issued to a person whose property is
subject to private restrictions that prohibit keeping of chickens is void.
Site Requirements
1. The property must be a single - family residence.
2. A tenant must obtain the landlord's written permission to install a coop.
3. Coops cannot be within 25 feet from any neighboring habitable structure.
4. Coops cannot be located within 5 feet of the habitable structure on the applicant
property.
5. Coops cannot be located within 5 feet of the property line.
6. Coops and pens shall be located only in the back yard. Back yard means
"rear yard" as defined in the City Zoning Code.
Chicken Requirements
1. No more than four hens are allowed
2. Roosters are prohibited.
3. Chickens must be housed in the coop from dusk until dawn.
4. Slaughtering of a chicken is prohibited.
5. Selling of eggs and chickens is prohibited.
6. Eggs shall be removed within two days of being laid.
7. All feed and other items associated with the keeping of chickens shall be protected in a
manner to prevent rodents from gaining access to or coming into contact with them.
8. Adequate food, water, and shelter shall be provided at all times.
9. A chicken that is outside the pen is "at large" in violation of the City Code.
Coop Requirements
1. Coops may be mobile, known as "tractors."
2. Coops shall be constructed, repaired, and maintained in a manor to prevent rodents
from being harbored underneath or within the walls of the enclosures.
3. Coops shall be built of solid materials such as wood, metal or plastic.
November 28, 2012
Page 3
4. Coop floors shall be made of wood or cement set a minimum of 1 foot above ground
level with a slight slope toward the door or other opening to prevent puddling.
5. Coops shall have at least one solid door and window that can be opened for ventilation.
6. A minimum of 4 square feet of space shall be provided per bird inside a coop.
7. Bedding shall consist of wood pellets, pine shavings, or similar material shall be
provided to reduce odor. Straw may not be used for bedding.
8. Feces shall be removed and disposed of in a sealed, enclosed container at a minimum
of once weekly to avoid odor.
9. Coops shall:
a. Be maintained to ensure proper sanitation for maintaining the health of the
chickens and the keepers.
b. Be easy to clean and with good drainage.
C. Protect the flock from extreme temperatures and wind.
d. Keep out rodents, raptors and other predatory animals.
e. Be well ventilated.
f. Be free of drafts and maintains a uniform temperature.
g. Have a roosting area sufficient in number and size for the chickens present.
h. Have one nesting box per chicken.
i. Have nests that entice hens to lay indoors.
j. Offer plenty of light, both natural and artificial.
k. Provide heat in colder temperatures.
I. Include sanitary feed and water stations.
M. Be constructed in such a manner that allows easy access for adequate cleaning.
n. Be built in a well- drained area to prevent standing water.
o. Be large enough to house chickens adequately.
Pen Requirements
1. There shall be a minimum of 4 square feet of space per chicken.
2. The pen may be the entire back yard.
3. If the pen is the entire backyard, the fence for the backyard must be solid and at least 4
feet in height. If the pen is not the entire backyard, the fence must be at least 4 feet in
height and constructed of wood, chicken wire or heavy gauge mesh wire.
4. There must be a well- drained area that allows the chickens to have access to dry ground
at all times.
5. Feces shall be removed and disposed of in a sealed, enclosed container at a minimum
of once weekly to avoid odor.
November 28, 2012
Page 4
6. Fecal matter may be used as fertilizer if turned completely into the soil within once
weekly and there is no noxious order.
Permit Revocation
1. The Police Chief, or designee, is authorized to revoke a permit whenever:
a. The permittee has failed to comply with this policy;
b. The permittee has violated the City Code;
C. The permittee has misstated any material fact in the application;
d. There is a substantial and material variance between the information in the
application and the actual facts or those facts which appear reasonably to have
occurred; or
e. The permittee is operating in violation of the terms and conditions of the permit.
2. A permittee may appeal the revocation in the same manner as appealing the denial of a
permit.
Fees
1. The fee for the initial permit is $100.
2. The fee to renew the permit is $75.
3. If the City issues the permittee a Notice of Violation and if the permittee has not cured
the violation when the property is reinspected, the permittee shall be assessed a
resinspection fee of $35, which is due in 30 days. If the violation has been cured, no
reinspection fee shall be assessed.
Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5413
RESOLUTION NO. 12 -513
RESOLUTION APPROVING 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.
WHEREAS, this project will be bid by the Iowa Department of Transportation (DOT); and
WHEREAS, bids will be accepted on December 18, 2012 at 10:00 a.m. by the DOT, Office of
Contracts in Ames, IA; and
WHEREAS, notice of public hearing on the plans, specifications, and estimate of cost for the
above -named project was published as required by law, and the hearing thereon held; and
WHEREAS, funds for this project are available in the Rochester Avenue Bridge account # 3919.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The plans, specifications, and estimate of cost for the above -named project are hereby
approved.
2. The amount of bid security to accompany each bid for the construction of the above -
named project shall be in the form and amount prescribed in the bidding proposal.
3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not
more than 45 days before the date for filing the bids, for the receipt of bids by the DOT for
the construction of the above -named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Sealed bids for the above -named project are to be received by the Iowa Department of
Transportation (DOT), at the Office of Contracts, 800 Lincoln Way, Ames, IA 50010, (515)
239 -1414 before 10:00 a.m. on the 18th day of December, 2012. Thereafter, the bids will
be opened and announced by the DOT, and thereupon referred to the City Council of the
City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at
the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 8th day of January,
2013, or at a special meeting called for that purpose.
Passed and approved this 4th day of
ATTEST:_
CITY CIERK
pweng\masters \res appp &s.doc 11/12
December .20 12
Approved by
I
-" � ` Attorney's Office
!i �7�jz-
Resolution No. 12 -51
Page 2
It was moved by Mims . and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS:
Payne the
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton