HomeMy WebLinkAbout2013-06-04 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
l424
Pt
R ,-z
Iowa City
.IN
�`77Q,
ity
Council Agenda
Regular
Formal
CITY OF IOWA CITY
June
4, 2013 - 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. PROCLAMATIONS
ITEM 2a Pride Month
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) May 14 Council Work Session
ITEM 3a(2) May 14 Council Special 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) Board of Adjustment — April 10
ITEM 3b(2) Human Rights Commission —April 16
ITEM 3b(3) Library Board of Trustees — April 25
ITEM 3b(4) Planning & Zoning Commission (formal) — May 2
ITEM 3b(5) Police Citizens Review Board —April 16
ITEM 3b(6) Police Citizens Review Board —April 23
ITEM 3b(7) Police Citizens Review Board —April 29
ITEM 3b(8) Senior Center Commission — March 21
ITEM 3c. Permit Motions and Resolutions as Recommended by the City Clerk.
(New)
ITEM 3c(1) Five -Day Class B Beer Permit for Summer of the Arts, Inc., dba Iowa Arts
Festival, 30 N. Dubuque St.(June 6 —10, 2013)
ITEM 3c(2) Five -Day Class B Beer Permit for Summer of the Arts, Inc., dba Iowa City
Jazz Festival, 17 N. Clinton St. (July 4 - 8, 2013)
ITEM 3c(3) Five -Day Class B Beer Permit for Summer of the Arts, Inc., dba Iowa Soul
Festival, 30 N. Dubuque St. (Sep. 12 - 16, 2013)
ITEM 3c(4) Outdoor Service Area for Summer of the Arts, Inc., dba Iowa Arts
Festival, 30 N. Dubuque St.(June 6 — 10, 2013)
ITEM 3c(5) Outdoor Service Area for Summer of the Arts, Inc., dba Iowa City Jazz
Festival, 17 N. Clinton St. (July 4 - 8, 2013)
ITEM 3c(6) Outdoor Service Area for Summer of the Arts, Inc., dba Iowa Soul
Festival, 30 N. Dubuque St. (Sep. 12 - 16, 2013)
ITEM 3c(7) Class C Liquor License for 1440, LLC, dba Eden Lounge, 217 Iowa Ave.
June 4, 2013 City of Iowa City Page 2
ITEM 3c(8) Class C liquor License for Fieldhouse Investments, LLC, dba The Zoo,
113 E. College St. Staff is recommending denial. Memo from the Asst.
City Attorney included in Council's packet.
(Renewal)
ITEM 3c(9) Class C Liquor License for Column, Inc., dba Sports Column, 12 S.
Dubuque St.
ITEM 3c(10) Class E Liquor License for The Outlet, Inc., dba Smokin' Joe's Tobacco &
Liquor Outlet #18, 1901 Broadway St.
ITEM 3c(11) Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 S. First
Ave.
ITEM 3c(12) Special Class C Liquor License for Riverside Theatre dba Riverside
Theatre, 213 N. Gilbert St.
ITEM 3c(13) Transfer of Special Class C Liquor License for Riverside Theatre to City
Park (June 13 — July 7, 2013)
ITEM 3c(14) Class C Liquor License for Jimmy Jack Mac, Inc., dba Basta, 121 Iowa
Ave.
ITEM 3c(15) Class C Beer Permit for Suburban Investors, LC, dba Suburban Amoco,
370 Scott Court.
ITEM 3c(16) Class C Liquor License for Pershell Corporation, dba Colonial Lanes,
2253 Hwy 218 S.
ITEM 3c(17) Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537,
923 S. Riverside Dr.
ITEM 3c(18) Class C Liquor License for Linn Street Cafe, Inc., dba Linn Street Cafe,
121 N. Linn St.
ITEM 3c(19) Class C Liquor License for GFP, Inc., dba Wig & Pen Pizza Pub, 1220
Hwy 6 W.
ITEM 3c(20) Outdoor Service Area for GFP, Inc., dba Wig & Pen Pizza Pub, 1220
Hwy 6 W.
ITEM 3c(21) Class E Liquor License for Iowa CVS Pharmacy, LLC, dba CVS
Pharmacy #8547, 2425 Muscatine Ave.
ITEM 3c(22) Class C Liquor License for Cactus Mexican Grill & Cantina 2, dba Cactus
Mexican Grill & Cantina, 245 S. Gilbert St.
ITEM 3c(23) Outdoor Service Area for Cactus Mexican Grill & Cantina 2, dba Cactus
Mexican Grill & Cantina, 245 S. Gilbert St.
ITEM 3c(24) Class C Beer Permit for El Paso Tienda y Taqueria, Inc., dba El Paso the
Mexican Store, 609 Hollywood Blvd.
ITEM 3c(25) Outdoor Service Area for Micky's, LLC, dba Micky's Irish Pub, 11 S.
Dubuque St.
ITEM 3c(26) Outdoor Service Area for New Asian Food Corporation, Inc., dba XI E, 223
E. Washington St.
ITEM 3c(27) Outdoor Service Area for Hall Place Ventures Corporation, dba The
Airliner, 22 S, Clinton St.
ITEM 3c(28) Outdoor Service Area for Iowa City Coffee Company dba Java House,
211 '/2 E. Washington St.
ITEM 3c(29) Outdoor Service Area for Iowa City Coffee Company dba Heirloom Salad
Company, 211 E. Washington St.
ITEM 3c(30) Outdoor Service Area for Corner of the Meadow, Inc., dba Motley Cow
Cafe, 160 N. Linn St.
ITEM 3c(31) Outdoor Service Area for 2 -Tone, Inc., dba Blue Bird Diner, 330 E. Market
St.
ITEM 3c(32) Class B Beer Permit for NPC International, Inc., dba Pizza Hut #4358,
1926 Keokuk St.
June 4, 2013 City of Iowa City Page 3
ITEM 3d. Resolutions and Motions:
ITEM 3d(1) RIVERSIDE THEATRE AGREEMENT - AUTHORIZING THE MAYOR
13 ^ I q9 TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE
AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM
JUNE 13, 2013 THROUGH JULY 7, 2013.
Comment: Section 4 -5 -3 of the City Code allows for the sale and
consumption of alcohol in a city park, on a right -of -way, or other public
ground, excluding public buildings, pursuant to written agreement. Staff
has approved the agreement, which is attached to the resolution, that
allows Riverside Theatre to sell beer and wine and for attendees to
consume beer and wine from June 13 through July 7, 2013 in a specified
area in and around Riverside Festival Stage in City Park. The terms in
the agreement are the same as last year with the exception of the dates.
ITEM 3d(2) SUMMER OF THE ARTS AGREEMENT - APPROVING AN
AGREEMENT BETWEEN THE CITY AND SUMMER OF THE ARTS, INC.
TO ALLOW THE TEMPORARY AND LIMITED SALE,
CONSUMPTION, AND POSSESSION OF BEER DURING ARTS
FEST, JAZZ FEST, AND IOWA SOUL FESTIVAL WITHIN A
SPECIFIED AREA ON A CITY STREET.
Comment: Section 4 -5 -3 of the City Code allows for the sale and
consumption of alcohol in a city park, on a right -of -way, or other public
ground, excluding public buildings, pursuant to written agreement. The
agreement, which is attached to the resolution, allows Summer of the
Arts, Inc. (SOTA) to sell beer in a fenced off area on Iowa Ave. during
Arts Fest, on N. Clinton St. during Jazz Fest, and on Iowa Ave. during
Iowa Soul Festival. The exact locations and dimensions of the sites are
attached as exhibits to the proposed agreement. The agreement is
substantially similar to the one executed last year except for the
substitution of the Iowa Soul Festival for Sand in the City.
ITEM 3d(3) SUBORDINATION FOR 1843 RICHMOND LANE - AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND WEST BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT
1843 RICHMOND LANE, IOWA CITY, IOWA.
Comment: West Bank has requested that the City approve a
Subordination Agreement for property at 1843 Richmond Lane. The
owner of the property received funding from the City of Iowa City's
Downpayment Assistance Program. The property has enough equity to
cover the City's lien position.
June 4, 2013 City of Iowa City Page 4
ITEM 3d(4) RELEASE OF LIEN FOR 142 N WESTMINSTER STREET -
13 - I rI g AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE
FOR THE PROPERTY LOCATED AT 142 N WESTMINSTER STREET,
IOWA CITY, IOWA.
Comment: The owners of the property located at 142 N Westminster
Street received assistance through the City of Iowa City's TARP housing
rehabilitation program. The loan has been paid off; thus the lien needs to
be released.
ITEM 3d(5) SUBORDINATION FOR 1930 SHERMAN DRIVE - 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 CO., CORALVILLE, IOWA FOR
PROPERTY LOCATED AT 1930 SHERMAN DRIVE, IOWA CITY,
IOWA.
Comment: Hills Bank and Trust Co. has requested that the City approve a
Subordination Agreement for property at 1930 Sherman Drive. The
owner of the property received funding from the City of Iowa City's
Downpayment Assistance Program. The property has enough equity to
cover the City's lien position.
ITEM 3d(6) SUBORDINATION FOR 8, 16, 24, 32, 35, 27, 19, 11 CONEFLOWER
/31190 _ CT, 424 DOUGLASS COURT, 441 DOUGLASS CT„ 2160 -2162
TAYLOR DRIVE AND 913 - 913'/2 N GOVERNOR - AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND GREAT WESTERN BANK, NORTH LIBERTY, IOWA FOR
PROPERTY LOCATED AT 8, 16, 24, 32, 35, 27, 19, 11 CONEFLOWER
COURT, 424 DOUGLASS COURT, 441 DOUGLASS COURT, 2160-
2162 TAYLOR DRIVE, AND 913 - 913 % N GOVERNOR, IOWA CITY,
IOWA.
Comment: Great Western Bank has requested that the City approve a
Subordination Agreement for property at 8, 16, 24, 32, 35, 27, 19, 11
Coneflower Court, 424 Douglass Court, 441 Douglass Court, 2160 -2162
Taylor Drive and 913 -913 '/2 N Governor. The owner of the property,
Berry Court Limited Partnership, received a loan from the City of Iowa
City with the issuance of General Obligation Bonds to provide long -term
affordable rental housing in Iowa City. The property has enough equity to
cover the City's lien position.
June 4, 2013 City of Iowa City Page 5
ITEM 3d(7) UNIVERSITY HEIGHTS TRANSIT SERVICE - AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2014
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF
UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE
WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS.
Comment: This resolution approves the FY2014 agreement for Iowa City
Transit to provide transit service within the corporate limits of University
Heights. The level of transit service provided will remain the same as in
FY2013. The proposed FY2014 contract amount of $34,894 is an
increase from the FY2013 amount based on the National Consumer Price
Index, and is an increase of 1.8 %. University Heights approved this
agreement at their May 14, 2013 council meeting.
ITEM 3d(8) WILLOW CREEK CROSSING - WATER MAIN PROTECTION -
ACCEPTING THE WORK FOR THE WILLOW CREEK CROSSING -
WATER MAIN PROTECTION PROJECT.
Comment: The project has been completed by DeLong Construction of
Washington, 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: $ 35,000.00
❖ Project Bid Received: $ 37,917.00
❖ Project Actual Cost: $ 37,799.30
ITEM 3d(9) 2013 WILLIAM STREET STREETSCAPE - ACCEPTING THE
is- /� 3 DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO
A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH
MDK DEVELOPMENT, L.L.C. FOR THE 2013 WILLIAM STREET
STREETSCAPE PROJECT.
Comment: New sidewalks will be installed along William Street and will
encroach a couple feet onto the adjacent property owned by MDK
Development, LLC for the 2013 William Street Streetscape Project. In
order to provide for the installation, the owner, MDK Development, LLC,
has agreed to dedicate to the City a temporary construction easement.
ITEM 3d(10) ROBERT A LEE RECREATION CENTER IMPROVEMENTS - EAST
t3— ! g ENTRY REMODELING - ACCEPTING THE WORK FOR THE ROBERT
A LEE RECREATION CENTER IMPROVEMENTS - EAST ENTRY
REMODELING PROJECT.
Comment: The project has been completed by North Construction of
Muscatine, 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: $ 128,400.00
❖ Project Bid Received: $ 137,892.00
❖ Project Actual Cost: $ 137,594.00
June 4, 2013 City of Iowa City Page 6
ITEM 3d(11) FIRST AVENUE GRADE SEPARATION - APPROVING, AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK
_- TO ATTEST AMENDMENT #2 TO THE MARCH 20, 2007 AGREEMENT
TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
FIRST AVENUE GRADE SEPARATION PROJECT.BY AND BETWEEN
THE CITY OF IOWA CITY AND VJ ENGINEERING
Comment: Additional consulting fees are needed in order to finalize the
construction plans and specifications for the First Avenue Grade
Separation Project due to additional review of option and design for the
storm water pump station and design of a storm water detention basin
that will be a part of the storm water conveyance system. The
amendment cost is $28,500 and will be funded with General Obligation
bond proceeds.
ITEM 3d(12) APRIL DISBURSEMENTS - MOTION TO APPROVE DISBURSEMENTS
IN THE AMOUNT OF $14,206,536.70 FOR THE PERIOD OF APRIL 1
THROUGH APRIL 30, 2013, AS RECOMMENDED BY THE FINANCE
DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE
PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK'S
OFFICE IN ACCORDANCE WITH STATE CODE.
ITEM 3d(13) GENERAL OBLIGATION BONDS PRELIMINARY STATEMENT -
13 APPROVING THE PRELIMINARY OFFICIAL STATEMENT.
Comment: This resolution approves the preliminary official statement for
the $7,230,000 General Obligation Bonds, Series 2013A, and the
$520,000 Taxable General Obligation Bonds, Series 20138. The sale
date for these bonds will be June 18, 2013.
ITEM 3d(14) BASIC CABLE SERVICES -APPROVING MEDIACOM
COMMUNICATIONS CORPORATION'S 2013 UPDATING OF
RATES FOR BASIC CABLE SERVICES
Comment: Mediacom Communications Corporation filed with Iowa City
on May 3, 2013 FCC Form 1240 regarding proposed changes of the
Maximum Permitted Rate of basic tier service to $15.10 per month, per
customer, and Form 1205 for changes of basic service equipment rentals
and installations cost to become effective on July 1, 2013. Staff has
reviewed these changes and recommends approval.
June 4, 2013 City of Iowa City Page 7
ITEM 3d(15) TOBACCO CIVIL PENALTY -ACCEPTING USE OF AN AFFIRMATIVE
DEFENSE TO TOBACCO CIVIL PENALTY BY HARTIG DRUG,
PURSUANT TO IOWA CODE SECTION 453A.22(3) (2013).
Comment: This resolution accepts the use of an affirmative defense to a
tobacco civil penalty, described in Iowa Code section 453A.22(3), by
Hartig Drug, 701 Mormon Trek Blvd. Section 453A.22(2) provides that,
after a hearing, a $300.00 civil penalty will be assessed to a retail
cigarette permit holder when and if that permit holder's employee violates
Iowa Code section 453A.2(1) by selling or providing tobacco to a minor.
If, however, the employee committing the violation holds a valid certificate
of completion of the tobacco compliance employee training program
pursuant to section 453A.5 at the time of the violation, the retailer shall
not be assessed a penalty under Section 453A.22(2). An employee of
Hartig Drug violated Section 453A.2(1) but said employee held a valid
certificate of completion of the tobacco compliance employee training
program pursuant to section 453A.5 at the time of the violation. This
affirmative defense may be used only once in a four -year period for a
violation of Section 453A.2.
ITEM 3d(16) TOBACCO PAYMENT OF CIVIL PENALTY - ACCEPTING A WAIVER
! S- I'M OF RIGHT TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY
FROM GASBY'S, PURSUANT TO IOWA CODE SECTION 453A.22(2)
(2013).
Comment: This Resolution accepts a waiver of right to hearing and
payment of a $300 civil penalty, as set out in Iowa Code section
453A.22(2), by Gasby's, 2303 Muscatine Avenue. Section 453A.22(2)
provides that, after a hearing, a $300.00 civil penalty will be assessed to a
retail cigarette permit holder when and if that permit holder's employee
violates Iowa Code section 453A.2(1) by selling or providing tobacco to a
minor. An employee of Gasby's has violated Section 453A.2(1). By
signing the appropriate waiver and paying the $300 civil penalty, Gasby's
waives its statutory right to have a hearing on whether the civil penalty
should be assessed.
ITEM 3d(17) FACILITIES MANAGER - AMENDING A BUDGETED POSITION IN THE
13- %90 GOVERNMENT BUILDINGS DIVISION OF THE PARKS AND
- RECREATION DEPARTMENT AND AMENDING THE
ADMINISTRATIVE PAY PLAN BY ELIMINATING ONE FULL -TIME
RECREATION MAINTENANCE SUPERVISOR POSITION, GRADE 27
AND ADDING ONE FULL -TIME FACILITIES MANAGER, GRADE 29.
Comment: Due to a retirement and changing personnel needs within the
City, a staffing change is recommended to revise the title, responsibilities
and job description from of the previous full -time Recreation Maintenance
Supervisor to create and add a full -time Facilities Manager. The
difference between a pay grade 27 and 29 is approximately $17,844 at
the final step. However it is expected that actual cost difference to the city
will be lower due to a change in the salary table step of the employee that
will be hired.
June 4, 2013 City of Iowa City Page 8
ITEM 3e. Setting Public Hearings:
ITEM 3e(1) 2013 WILLIAM STREET STREETSCAPE - SETTING A PUBLIC
HEARING ON JUNE 18, 2013 ON PLANS, SPECIFICATIONS, FORM
1$_1191 OF CONTRACT, AND ESTIMATE OF COST FOR THE 2013 WILLIAM
STREET STREETSCAPE 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 involves improvements within the William Street
public right -of -way between Muscatine Avenue and Towncrest Drive. The
project improvements will include the reconstruction of the east half of
William Street, patching on the west half of William Street, on- street
perpendicular parking, sidewalks, the removal and replacement of the
existing water main, and streetscape improvements such as site
furnishings, plantings, lighting, and a gateway sign. The estimated
construction cost is $530,000 and will be funded with General Obligation
bond proceeds.
ITEM 3e(2) PHASE 2 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS -
13 SETTING A PUBLIC HEARING ON JUNE 18, 2013 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE PHASE 2 OF THE FIRST AVENUE STORM SEWER
IMPROVEMENTS 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: Phase 2 of this project will include the installation of new
storm sewer, and pavement removal and replacement, from the end of
Phase 1 (behind the mini -mall located at 1705 First Avenue) to the
Proctor and Gamble property southeast of First Avenue. The estimated
construction cost of Phase 2 is $1,126,000 and will be funded with
General Obligation Bond proceeds.
ITEM 3f Correspondence:
ITEM 3f(1) Bob & Linda Watson: Request for Presentation Time.
ITEM 3f(2) Stefani Karakas Rogovin: Rezoning.
ITEM 3f(3) John Macatee; Martine Dunnwald; Jenn Brown: Restoration and
renovation of neighborhood schools as Horace Mann.
ITEM 3f(4) Melvin Kelly: The West Nile Virus 2013.
ITEM 3f(5) Marcus Nashelsky: Bicycle Friendly Community.
ITEM 3f(6) Brian Flanagan: Auto- da -Fe.
ITEM 3f(7) Tim Borchardt: 54 Regal Lane. [Staff response included]
ITEM 3f(8) Marina Ivanovic; Sandra & Thomas Bauer; Connie Smith: Protest of
Rezoning, N. First Avenue (REZ 13- 00004).
ITEM 3f(9) Debbie & Mike Hartley: Rebuilding of The Dental Lab.
ITEM 3f(10) Melvin Kelly: Homelessness in America 2014.
ITEM 3f(11) Mark Norton: Latest Update (river data).
ITEM 3f(12) Cindy Parsons: Project GREEN — 2013 Report
June 4, 2013 City of Iowa City Page 9
ITEM 3f(13) Acting Traffic Engineering Planner: Install STOP signs for eastbound
and westbound traffic at the intersection of Foster Road / Walker
Circle on the 800 and 900 block.
ITEM 3f(14) Traffic Engineering Planner: Installation of (1) YIELD sign on the
northeast corner of the intersection of Westminster Street and
Hastings Avenue.
ITEM 3f(15) Traffic Engineering Planner: Installation of (1) NO PARKING HERE TO
DRIVEWAY sign for the north bound traffic in advance of the driveway
for 202 Ellis Avenue.
ITEM 3f(16) Traffic Engineering Planner: Installation of (1) YIELD sign on the
northeast corner of the intersection of Deforest Avenue and Ridge
Street, and (1) YIELD sign on the southwest corner of the intersection
of Ridge Street and Euclid Avenue. Installation of (1) YIELD sign on
the northwest corner of each of the following intersections: Deforest
Avenue and Yewell Street, Deforest Avenue and Franklin Street, and
Deforest Avenue and Ash Street.
ITEM 3f(17) Traffic Engineering Planner: Removal of on- street metered parking
space C01 27E on the 100 block of East Court Street.
END OF CONSENT CALENDAR.
Action:
34
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 AMERICAN LEGION ROAD REZONING - CONDITIONALLY REZONING
APPROXIMATELY 2 ACRES FROM COUNTY RESIDENTIAL (R) AND
APPROXIMATELY 2.83 ACRES FROM LOW- DENSITY SINGLE - FAMILY
RESIDENTIAL (RS -5) TO LOW - DENSITY MULTI - FAMILY RESIDENTIAL
(RM -12) LOCATED AT EAST OF SCOTT BOULEVARD AND NORTH OF
MUSCATINE AVENUE AND AMERICAN LEGION ROAD. [Discussion only
at formal meeting] (REZ13 -00002 & REZ13- 00003)
Comment: At its March 7 meeting, by a vote of 6 -0 (Dyer absent), the
Planning and Zoning Commission recommended approval of this rezoning
with conditions addressing the need for a street improvements and sidewalks
along property's frontage with Scott Boulevard and American Legion Road and
conditions necessary to assure compatibility with adjacent residential
development. Approval will allow this property to be developed with
approximately seventy multifamily dwelling units. This item was deferred
from the April 23 and May 14 Council meetings.
June 4, 2013 City of Iowa City Page 10
PUBLIC HEARING (If there is an indication that the Council will not
accept the Planning & Zoning Commission's recommendation an
opportunity for a joint meeting with the Council and the Commission is
required.)
Action: _C_7915,�Foflom
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: lC U �1 Gem°
ITEM 5b NORMANDY DRIVE REZONING - REZONING APPROXIMATELY 5.23
ACRES OF LAND LOCATED AT 515, 527, AND 539 NORMANDY DRIVE
AND 820, 822, AND 930 PARK ROAD, FROM LOW - DENSITY SINGLE -
FAMILY (RS -5) ZONE TO NEIGHBORHOOD PUBLIC (P -1) ZONE.
(REZ13- 00013)
Comment: At its May 2 meeting, by a vote of 7 -0, the Planning and Zoning
Commission recommended approval of this rezoning. Approval reflects public
ownership of the property.
PUBLIC HEARING (If there is an indication that the Council will not
accept the Planning & Zoning Commission's recommendation an
opportunity for a joint meeting with the Council and the Commission is
required.)
Action:o�
.T
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
ITEM 5c WETLAND BUFFER REDUCTION (BILLION AUTO) - CONDITIONALLY
REZONING APPROXIMATELY 7.09 ACRES TO AMEND THE SENSITIVE
AREAS DEVELOPMENT PLAN TO ALLOW A REDUCTION IN THE
IS- 4553 PREVIOUSLY APPROVED WETLAND BUFFER ON PROPERTY
LOCATED ADJACENT TO 2845 MORMON TREK BOULEVARD
[Discussion only at formal meeting] (REZ12- 00032) (PASS AND ADOPT)
Comment: At its March 21 meeting, by a vote of 7 -0, the Planning and
Zoning Commission recommended approval of this rezoning with conditions
necessary to assure compatibility with adjacent residential development and
that the wetland restoration work will be completed prior to additional
development on the adjacent property. Approval will allow the required
wetland buffer area to be reduced in size so that more land may be used for
commercial development including a vehicle sales lot. If there is an indication
that the Council will not accept the Planning & Zoning Commission's
recommendation an opportunity for a joint meeting with the Council and the
Commission is required.
Action: a-1
June 4, 2013 City of Iowa City Page 11
ITEM 5d STANDARDS FOR STRUCTURED PARKING - AMENDING TITLE 14,
13 J+S _7 ZONING CODE TO ESTABLISH PARKING LOCATION STANDARDS AND
ENTRANCEWAY STANDARDS THAT WILL REDUCE THE VISUAL
IMPACT OF STRUCTURED AND SURFACE PARKING AREAS ALONG
RESIDENTIAL STREETS IN MULTIFAMILY ZONES. (PASS AND ADOPT)
Comment: At its March 21 meeting, by a vote of 7 -01 the Planning and
Zoning Commission recommended approval of this zoning code amendment.
Approval will require when parking is located on the ground floor of a
multifamily building some residential portion of the building, such as the
entrance lobby, be located on the ground floor.
Action: �zJ
ITEM 6. OAKNOLL SKYWALK CONVEYANCE — AUTHORIZING CONVEYANCE OF A
PORTION OF VACATED RIGHT -OF -WAY ALONG SPRING STREET AND
1 GEORGE STREET TO CHRISTIAN RETIREMENT SERVICES, INC.
1q3
Comment: City Council has approved the vacation of Spring Street and certain
air and subterranean rights within the George Street right -of -way, subject to the
retention of certain easements. Oaknoll is now requesting that the City convey
these vacated rights to it in order to facilitate expansion of their campus and the
construction of a skywalk above George Street. State law requires that the City
be paid fair market value for these property rights.
a. PUBLIC HEARING
Action:
b. CONSIDER A RESOLUTION
7d
Action:
ITEM 7. CIGARETTE PERMIT SUSPENSION OR CIVIL PENALTY - ASSESSING EITHER
A 30 DAY RETAIL CIGARETTE PERMIT SUSPENSION OR $1500.00 CIVIL
i ► rj �- PENALTY AGAINST THE SPIRIT TOBACCO AND MORE D /B /A HOOKAH COVE,
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013).
Comment: This hearing is the time designated for the Council to consider whether to
adopt a resolution assessing either the 30 Day Retail Cigarette Permit suspension or
the $1500.00 civil penalty authorized by Iowa Code section 453A.22(2) against The
Spirit Tobacco and More d /b /a Hookah Cove, 357 E. College Street. Section
453A.22(2) provides that, after a hearing, a civil penalty shall be assessed to a retail
cigarette permit holder when and if that permit holder's employee violates Iowa Code
section 453A.2(1) by selling or providing tobacco to a minor. This is the second time
within a two year period that an employee of Hookah Cove has violated Section
453A.2(1). The civil penalty for a second such violation within a two -year period is
either $1500.00 or a 30 day retail cigarette permit suspension, at the option of the
permittee. As a part of the hearing, the Council will be provided with information
establishing the employee's violation of Section 453A.2(1) and that this is the second
time within a two year period that an employee has violated Section 453A.2(1). The
June 4, 2013
City of Iowa City
Page 12
permit holder's representative will then have the opportunity to provide the Council
with information s /he deems appropriate. The Council will then decide whether to
assess the requested civil penalty and, if it decides to do so, will adopt an
appropriate resolution. Said resolution will give the permittee the power to determine
which of the two penalties is assessed. The hearing will not provide the opportunity
for public comment.
a. CONDUCT HEARING
Action:
b. CONSIDER A RESOLUTION
Action:
ITEM 8. OLD HIGHWAY 218 AND MORMON TREK BOULEVARD / MCCOLLISTER
BOULEVARD TRAFFIC SIGNALIZATION — APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE OLD HIGHWAY 218 AND MORMON TREK
BOULEVARD / MCCOLLISTER BOULEVARD TRAFFIC SIGNALIZATION
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Comment: This project will install a new traffic signal at the intersection of Old
Highway 218 and Mormon Trek Boulevard / McCollister Boulevard. The estimated
construction cost of this project is $255,000 and will be funded with General
Obligation Bond proceeds.
a. PUBLIC HEARING
Action:
b. CONSIDER A RESOLUTION
Action:
ITEM 9. PARATRANSIT SERVICE CONTRACT - AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE 28E AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE CONTRACTING OF
PARATRANSIT SERVICE.
Comment: This resolution approves the 28E agreement for Iowa City Transit to
contract with Johnson County for paratransit services within the corporate limits of
Iowa City. Correspondence included in Council packet.
A • n "M / .r % -emu
M-10
�'
June 4, 2013 City of Iowa City Page 13
ITEM 10. PARKING FEE CHANGES - AMENDING TITLE 3, "CITY FINANCES, TAXATION
AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS,
If.53 5 FINES AND PENALTIES" OF THE CITY CODE, TO ADJUST OFF - STREET
HOURLY PARKING FEES INCREASE ON- STREET HOURLY PARKING FEES
AND CHANGE EXPIRED METER FINE STRUCTURE. (SECOND
CONSIDERATION)
Comment: These changes are a part of the "First Hour Free" initiative that we have
recommended in cooperation with the Iowa City Downtown District and are
necessary to maintain the solvency of the parking system as we offer the first hour of
parking free in our parking facilities. We propose adjusting off - street fees by making
the first hour of parking free and charging $1.00 per hour for hours 2+ in the Capitol
Street, Dubuque Street, Tower Place and Court Street facilities. Chauncey Swan
fees will be increased to $0.75 per hour and will be reconsidered as development of
the College and Gilbert project progresses. Parking meter rates will increase to
$1.50, $1.00 or $0.75 per hour depending on location. Expired meter violations will
be adjusted and reset every July 1, rather than every July 1 and January 1. These
rate changes will take effect on July 1, 2013. Staff requests expedited action to allow
notification efforts to begin prior to July 1 implementation. jO
ITEM 11. THEATRICAL PERFORMANCES INCLUDED WITHIN ENTERTAINMENT
VENUES - AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1,
DEFINITIONS, SECTION 1, DEFINITIONS, TO AMEND THE DEFINITION OF
"PERFORMER" TO INCLUDE THOSE TAKING PART IN A PERFORMANCE OF
THEATER, AND TO ADD A DEFINITION FOR "THEATER ". (FIRST
CONSIDERATION)
Comment: These amendments will accommodate theatrical performances of live
performers before seated audiences. The amendment will allow venues providing
theatrical entertainment to become qualified entertainment venues, with all the
accompanying benefits to the venues and public under the City's entertainment
venue ordinance.
Action:
June 4, 2013 City of Iowa City Page 14
ITEM 12. RESTRICT USE OF TRAFFIC ENFORCEMENT CAMERAS AND DRONES AND
AUTOMATIC LICENSE PLATE RECOGNITION SYSTEMS - AMENDING TITLE 9,
ENTITLED "MOTOR VEHICLES AND TRAFFIC," OF THE CITY CODE BY
ADOPTING AN ORDINANCE SIMILAR IN SUBSTANCE TO THE PROPOSED
INITIATIVE MEASURE TO RESTRICT THE USE OF TRAFFIC ENFORCEMENT
CAMERAS AND DRONES, AUTOMATIC LICENSE PLATE RECOGNITION
SYSTEMS AND OTHER KINDS OF TRAFFIC SURVEILLANCE SYSTEMS, AND
BY REPEALING CHAPTER 11, "AUTOMATED TRAFFIC ENFORCEMENT" OF
TITLE 9 (ORDINANCE NO. 12- 4466). (FIRST CONSIDERATION)
Comment: The proposed ordinance is similar in substance to the proposed initiative
measure on traffic enforcement cameras, drones and automatic license plate
recognition systems. It is not clear whether the proposed measure applies to parking
violations and to automatic license plate recognition systems used for parking
enforcement. The proposed ordinance clarifies the ambiguity and specifically
includes parking violations and enforcement. �/o
Action: v
ITEM 13. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa ity and b , 1�8
-e
years of age unless specific qualifications are stated.
ITEM 13a Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term
p�D January 1, 2012 - December 31, 2016. (New full term).
Action:
ITEM 13b Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term
p g I y
January 1, 2009 - December 31, 2013. (Term expires for Dennis Keitel).
Action: /W
ITEM 13c Airport Zoning Commission — One vacancy to fill a six -year term January
1, 2010 — December 31, 2015. (Term expires for Brian Sponcil)
Action: /1f/
ITEM 13d Airport Zoning Commission — One vacancy to fill a six -year term January 1,
2012 — December 31, 2017. (New full term).
Action:
ITEM 13e Historic Preservation Commission — One vacancy, fof a+Jefferson St.
representative to fill three -year terms, March 29, 2013 — March 29, 2016.
(New District formed).
ITEM 13f Human Rights Commission
effective upon appointment,
resigned).
IAction:
— One vacancy to fill an unexpired term,
ending January 1, 2015. (Jessie Harper
June 4, 2013
City of Iowa City Page 15
ITEM 13g Public Art Advisory Committee — One vacancy to fill an unexpired term,
effective upon appointment, ending January 1, 2014. (Jan Finlayson
resigned).
Action:
ITEM 14. 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 14a Housing and Community Development Commission — Three vacancies to
fill three -year terms September 1, 2013 — September 1, 2016. (Term
expires for Scott Dragoo, Holly Jane Hart, Charles Drum).
ITEM 14b Human Rights Commission — One vacancy to fill an unexpired term,
effective upon appointment, ending January 1, 2016. (Katie Anthony
resigned).
ITEM 14c Police Citizens Review Board — Two vacancies to fill four -year terms
September 1, 2013 — September 1, 2017. (Term expires for Joseph
Treloar, Kingsley Botchway II).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 26, 2013.
New:
ITEM 14d Parks & Recreation Commission — One vacancy to fill an unexpired term,
effective upon appointment, ending January 1, 2017. (Alex Taylor
resigned). Correspondence included in Council packet.
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JULY 17, 2013.
ITEM 15. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 16. CITY COUNCIL INFORMATIO
ITEM 17. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager.
Finance Director presentation on Property Tax Legislation
b) City Attorney. ar '
c) City Clerk. _ e
ITEM 18. ADJOURN (to work session if necessary).
VA �Vol