HomeMy WebLinkAbout2013-07-23 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
Iowa City
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City Council Agenda ®OIR
Special Formal CITY OF IOWA CITY
-�/ July 23, 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. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
ITEM 2a. Approval of Council Actions, subject to corrections, as recommended
by the City Clerk:
ITEM 2a(1) June 18 Council Work Session
ITEM 2a(2) June 18 Council Special Formal Official & Complete
ITEM 2a(3) July 16 Council Special Formal Official & Complete
ITEM 2b. Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
ITEM 2b(1) Airport Commission — May 16
ITEM 2b(2) Board of Adjustment — May 8
ITEM 2b(3) Board of Adjustment — June 12
ITEM 2b(4) Board of Library Trustees — May 23
ITEM 2b(5) Historic Preservation Commission —April 11
ITEM 2b(6) Historic Preservation Commission — May 9
ITEM 2b(7) Historic Preservation Commission — June 13
ITEM 2b(8) Housing and Community Development Commission — May 7
ITEM 2b(9) Human Rights Commission — May 21
ITEM 2b(10) Planning and Zoning Commission — June 6
ITEM 2b(11) Police Citizens Review Board — May 29
ITEM 2b(12) Police Citizens Review Board — June 24
ITEM 2b(13) Telecommunications Commission — June 3
ITEM 2c. Permit Motions and Resolutions as Recommended by the City Clerk.
(NEW)
ITEM 2c(1) Special Class C Liquor License for Silver Asklof, LLC, dba Nodo Downtown
5 S. Dubuque St.
ITEM 2c(2) Five -Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa
City Fall Fun Festival, Inc., 2140 Rochester Ave.(Tent A & Tent B)
ITEM 2c(3) Special Class C Liquor License for E &E Restaurant, LLC, dba Sushi Popo,
725 Mormon Trek Blvd.
(Renewal)
ITEM 2c(4) Class C Liquor License for I. C. Mill Associates, LLC dba Mill Restaurant,
120 E. Burlington St.
July 23, 2013 City of Iowa City Page 2
ITEM 2c(5) Outdoor Service Area for I. C. Mill Associates, LLC dba Mill Restaurant,
120 E. Burlington St.
ITEM 2c(6)
Class C Liquor License for Roy L Chopek/Walter L "Bud" Ott Post 17 dba
American Legion Roy L Chopek Post 17,3016 Muscatine Ave.
ITEM 2c(7)
Class E Liquor License for Caylor Enterprises, LLC dba The Liquor House,
425 S. Gilbert St.
ITEM 2c(8)
Class C Liquor License for Hildago, Inc., dba El Cactus Authentic Mexican
Cuisine, 1921 Keokuk St.
ITEM 2c(9)
Class C Liquor License for Iowa City Aerie No. 695 Fraternal Order of
Eagles, Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy 1 W.
ITEM 2c(10)
Class E Liquor License for Hartig Drug Co, Inc., dba Hartig Drug Store,
# 10, 701 Mormon Trek Blvd.
ITEM 2c(11)
Class C Liquor License for Jimmy Jack's, Inc., dba Jimmy Jack's Rib
Shack, 1940 Lower Muscatine Rd.
ITEM 2c(12)
Outdoor Service Area for Jimmy Jack's, Inc., dba Jimmy Jack's Rib
Shack, 1940 Lower Muscatine Rd.
ITEM 2c(13)
Class C Liquor License for Pub Gal, Inc., dba IC Uglys, 210 N. Linn St.
ITEM 2c(14)
Class C Liquor License for DTW, Inc., dba T.C.B., 114 E. College St.
ITEM 2c(15)
Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #1, 525
Hwy 1 West.
ITEM 2c(16)
Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #2, 1920
Lower Muscatine Rd.
ITEM 2c(17)
Class C Beer Permit for Delimart properties, Inc., dba Deli Mart #3, 2410
Mormon Trek Blvd.
ITEM 2c(18)
Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #5, 206
E. Benton St.
ITEM 2c(19)
Class C Liquor License for 168, LLC, dba Szechuan House, 320 E.
Burlington St.
ITEM 2c(20)
Class C Liquor License for Middle E, LLC, dba Okoboji Grill Restaurant,
1857 Lower Muscatine Rd.
ITEM 2c(21)
Outdoor Service Area for Middle E, LLC, dba Okoboji Grill Restaurant,
1857 Lower Muscatine Rd.
ITEM 2c(22)
Class E Liquor License for Hy -Vee, Inc., dba Hy- Vee Drugstore, 310 N.
First Ave.
ITEM 2c(23)
Class C Liquor License for High Energy Food Concepts, Inc., dba
Martini's, 127 E. College St.
ITEM 2c(24)
Outdoor Service Area for High Energy Food Concepts, Inc., dba
Martini's, 127 E. College St.
ITEM 2c(25)
Resolution to issue Dance Permits to Iowa City Fall Fun Festival, 2140
Rochester Ave; Fraternal Order of Eagles #695, 225 Hwy1 West; Mill
Restaurant, 120 E. Burlington St.
ITEM 2c(26)
—�
Resolution to issue Cigarette Permit to Albasri, LLC, dba Hala Hala
Hookah, 327 S. Gilbert St.
July 23, 2013 City of Iowa City Page 3
ITEM 2d. Resolutions and Motions:
ITEM 2d(1) DEDICATION OF SANITARY SEWER EASEMENT - ACCEPTING
THE DEDICATION OF A 20' WIDE SANITARY SEWER
13� aaa EASEMENT OVER A PORTION OF AUDITOR'S PARCEL
2009032, ALONG SOUTH GILBERT STREET IN IOWA CITY,
JOHNSON COUNTY, IOWA.
Comment: This sanitary sewer easement is being dedicated to the
City so that the sanitary sewer system recently installed will
become public and make extension of sanitary sewer service to
adjacent property possible upon development.
ITEM 2d(2) SUBORDINATION AGREEMENTS AND MORTGAGE RELEASES -
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST TO SUBORDINATION AGREEMENTS AND MORTGAGE
RELEASES.
Comment: The City holds hundreds of mortgages to secure its interest in
assistance for a multitude of programs including CDBG, UniverCity,
Housing Rehabilitation, Single - Family New Construction, and flood
assistance. Nearly every week, a mortgage needs to be released due to
the loan being paid, and a property owner requests that the City
subordinate its mortgage due to a refinancing for a better rate. Presently
Council approves every lien release and subordination agreement, which
means they are signed twice a month at most. Property owners and
lenders would prefer that the City be able to release mortgages and sign
subordination agreements more often, which will save time and money.
This resolution authorizes the mayor to sign a mortgage release if the City
Attorney determines that the debt is paid and a subordination agreement
if the City Attorney determines that the City's interest is protected.
ITEM 2d(3) PURCHASE AGREEMENT FOR 1821 B STREET - APPROVING A
PURCHASE AGREEMENT FOR 1821 B STREET, IOWA CITY, IOWA.
Comment: In 2002, the City constructed a universally designed house at
1821 B Street and sold it to two persons with physical disabilities. One
person subsequently sold his interest to another person with disabilities,
and one of the owners is now unable to live independently. The two
owners and City staff have entered into a purchase agreement for
$90,000 contingent on Council approval. Although the home is assessed
at $225,410, the City has two liens on the property that secure two notes
with a current balance of approximately $97,000 . The two loans will be
forgiven and the liens released as part of the transaction. Additionally, it
will take a substantial sum of money to make necessary repairs and
upgrades which the City intends to do before offering to sell the house on
the open market to a family in need of a universally designed house.
July 23, 2013 City of Iowa City Page 4
ITEM 2d(4) RELEASE OF LIEN FOR 2530 ASTER AVENUE - AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE
RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 2530 ASTER AVENUE, IOWA CITY, IOWA.
Comment: The owner of the property located at 2530 Aster Avenue
received assistance through the City of Iowa City's Housing Rehabilitation
Program. The loan has been paid off; thus the lien needs to be released.
ITEM 2d(5) RELEASE OF LIEN FOR 715 NORTH VAN BUREN - AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE
RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 715 NORTH VAN BUREN STREET, IOWA
CITY, IOWA.
Comment: The owners of the property located at 715 North Van Buren
Street received assistance through the City of Iowa City's TARP
(Targeted Area Rehabilitation Program). The loan has been paid off; thus
the lien needs to be released.
ITEM 2d(6) SUBORDINATION FOR 1917 CALIFORNIA AVENUE - AUTHORIZING
13 aas THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN HILLS BANK AND
TRUST COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED
AT 1917 CALIFORNIA AVENUE, IOWA CITY, IOWA.
Comment: Hills Bank and Trust Company has requested that the City
approve a Subordination Agreement for property at 1917 California
Avenue. The owner of the property received funding from the City of
Iowa City Downpayment Assistance. The property has enough equity to
cover the City's lien position.
ITEM 2d(7) PHASE 2 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS -
AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE PHASE 2 OF THE FIRST AVENUE STORM
SEWER IMPROVEMENTS PROJECT.
Comment: Bids for this project were opened on July 17, 2013, and the
following bids were received:
Ricklefs Excavating
Anamosa, IA
$ 1,213,062.00
Hagerty Earthworks
Muscatine, IA
$ 1,244,897.75
Calacci Construction
Iowa City, IA
$ 1,390,849.50
Metro Pavers
Iowa City, IA
$ 1,411,842.80
Engineer's Estimate
$ 1,126,000.00
Public Works and Engineering recommend award of the contract to
Ricklefs Excavating of Anamosa, Iowa. The project is to be funded with
General Obligation bond proceeds.
July 23, 2013 City of Iowa City Page 5
ITEM 2d(8) 2013 WILLIAM STREET STREETSCAPE - AWARDING CONTRACT
AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
as 7 ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2013 WILLIAM
STREET STREETSCAPE PROJECT.
Comment: Bids for this project were opened on July 16, 2013, and the
following bids were received:
Metro Pavers
Iowa City, IA
$ 439,911.85
Feldman Concrete
Dyersville, IA
$ 464,980.72
All American Concrete
West Liberty, IA
$ 477,257.55
Calacci Construction
Iowa City, IA
$ 495,635.70
Engineer's Estimate
$ 530,000.00
Public Works and Engineering recommend award of the contract to Metro
Pavers of Iowa City, Iowa The project is to be funded with General
Obligation bond proceeds.
ITEM 2d(9) OLD HIGHWAY 218 AND MORMON TREK BOULEVARD /
MCCOLLISTER BOULEVARD TRAFFIC SIGNALIZATION -
�3 AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE OLD HIGHWAY 218 AND MORMON TREK
BOULEVARD / MCCOLLISTER BOULEVARD TRAFFIC
SIGNALIZATION PROJECT.
Comment: Bids for this project were opened on July 11, 2013, and the
following bids were received:
Neumiller Electric, Inc.
Advanced Electrical Services,
Price Industrial Electric, Inc.
KWS, Inc.
Voltmer, Inc.
Engineer's Estimate
Iowa City, IA
Inc. Iowa City, IA
Hiawatha, IA
Cedar Falls, IA
Decorah, IA
$ 145,100.00
$ 163,000.00
$ 191, 356.50
$ 193,700.00
$ 210,000.00
$ 255,000.00
Public Works and Engineering recommend award of the contract to
Neumiller Electric, Inc. of Iowa City, Iowa. The project is to be funded
with General Obligation bond proceeds.
ITEM 2d(10) ROCHESTER RIDGE -PART THREE -ACCEPTING THE WORK FOR
THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN,
CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR
ROCHESTER RIDGE - PART THREE, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC USE.
Comment: See Engineer's Report.
July 23, 2013 City of Iowa City Page 6
ITEM 2d(11) SADDLEBROOK MEADOWS PART 1 - ACCEPTING THE WORK FOR
THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN,
i 3 - .7 367 AND PAVING PUBLIC IMPROVEMENTS FOR SADDLEBROOK
MEADOWS, PART 1, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC USE.
Comment: See Engineer's Report.
ITEM 2d(12) SADDLEBROOK MEADOWS - PART 2 - ACCEPTING THE WORK
FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER
MAIN, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS
FOR SADDLEBROOK MEADOWS, PART 2, AND DECLARING THE
PUBLIC IMPROVEMENTS OPEN FOR PUBLIC USE.
Comment: See Engineer's Report.
ITEM 2d(13) CARDINAL POINTE SOUTH - PART THREE - ACCEPTING THE
WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN,
a' CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR
CARDINAL POINTE SOUTH - PART THREE, AND DECLARING THE
PUBLIC IMPROVEMENTS OPEN FOR PUBLIC USE.
Comment: See Engineer's Report.
ITEM 2d(14) WASHINGTON PLAZA - ACCEPTING THE WORK FOR THE STORM
3 4133 SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS
INSTALLED WITH WASHINGTON PLAZA, AND DECLARING THE
PUBLIC IMPROVEMENTS OPEN FOR PUBLIC USE.
Comment: See Engineer's Report.
ITEM 2d(15) ENTERTAINMENT VENUE REVISION — PROFESSIONAL LIGHT AND
I a 3 SOUND RESOLUTION REPEALING RESOLUTION NO. 10-463 AND
APPROVING A REVISED PROFESSIONAL LIGHT AND SOUND
SPECIFICATION SHEET FOR ENTERTAINMENT VENUES
Comment: Council has, by ordinance, the authority to approve the
requirements for professional Light and Sound. The previously approved
Professional Light and Sound Specification Checklist requires more
equipment than would be needed for venues to host comedy or theater
Shows, as permitted by the Entertainment Venue exception. The revised
sheet retains physical requirements relating to stages, as all entertainment
will require stages, but otherwise just requires whatever microphones,
sound equipment, and lighting is adequate to facilitate the Performer, while
granting the Housing and Inspection Services director, or designee, the
authority to determine said adequacy.
July 23, 2013 City of Iowa City Page 7
ITEM 2d(16) SIDEWALKS ALONG BARBER'S PLACE - AUTHORIZING THE
�3 MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE
RELEASE OF THE OBLIGATION TO INSTALL SIDEWALKS ALONG
BARBER'S PLACE, PENINSULA NEIGHBORHOOD, PHASE 2A, IOWA
CITY, IOWA.
Comment: Pursuant to the Subdivider's Agreement with the developer of
Peninsula Neighborhood, Phase 2A, sidewalks were required to be
installed adjacent to Lots 99 -104 along Barber's Place. Due to the unique
configuration of the right -of -way of Barber Place, it is not possible to
construct a sidewalk in accordance with the City's current design
standards. Therefore, Staff recommends the release of the obligation to
install said sidewalks.
ITEM 2d(17) AGREEMENT WITH PUBLIC ACCESS TELEVISION -AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT
WITH PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION,
AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION.
Comment: The City has for many years contracted with Public Access
Television, Inc. ( "PATV ") to manage and operate the local public access
channel and functions with funding to be provided by cable subscribers.
The most recent three -year agreement has expired, and City staff has
negotiated a new two —year agreement that is similar to the previous
agreements.
ITEM 2d(18) DEERY BROTHERS EASEMENTS - AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A PUBLIC UTILITY
r 3- a3 EASEMENT AGREEMENT AND STORMWATER DETENTION BASIN
EASEMENT AGREEMENT FOR THE DEERY BROTHERS SITE
DEVELOPMENT IN IOWA CITY, IOWA.
Comment: Pursuant to the site plan for redevelopment of the Deery
Brothers site along Highway 1 in Iowa City, Iowa, a public utility easement
and stormwater management is required. The proposed Easement
Agreements grant the City an easement which follows the area of installed
and future utilities and stormwater management basin and assigns rights
and responsibilities between the City and property owner with respect to
improvements placed in the easement area. This Resolution authorizes
the execution of the Public Utility Easement Agreement and Stormwater
Management Basin Easement Agreement necessary for the City to acquire
easement rights within the demarcated areas.
July 23, 2013 City of Iowa City Page 8
ITEM 2d(19) COUNCIL APPOINTEE COMPENSATION - APPROVING
UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2014
FOR THE CITY MANAGER, CITY ATTORNEY AND CITY CLERK AND
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AMENDMENT TO THE CONTRACT OF THE CITY
MANAGER TO PROVIDE FOR FOUR (4) ADDITIONAL DAYS OF
PERSONAL TIME EACH YEAR.
Comment: City Council held an executive session on July 16th to
evaluate the City Manager, City Attorney, and City Clerk. The resolution
provides the following compensation: City Manager - $170,000 (no
change) plus 4 additional days of personal time; City Attorney -
$83,441.28 (2.5% increase); City Clerk - $107,577.60 (2.5% increase).
ITEM 2d(20) SETTLEMENT WITH JUDDS BROTHERS - APPROVING
MUTUAL RELEASE AND SETTLEMENT AGREEMENT
BETWEEN THE CITY OF IOWA CITY, JUDDS BROTHERS
CONSTRUCTION CO. AND VAN WINKLE -JACOB
ENGINEERING, INC. REGARDING THE CONTRACT FOR THE
DESIGN OF THE IOWA AVENUE INVERTED SIPHON SEWER
PROJECT 2009 PROJECT.
Comment: This resolution will approve the proposed settlement
among the City, Judds Brothers Construction Co., and Van Winkle -
Jacob Engineering resulting from litigation over the design of the
Iowa Avenue Inverted Siphon Sewer Project. A copy of the Mutual
Release and Settlement Agreement is attached to the resolution.
ITEM 2e. Setting Public Hearings:
ITEM 2e(1) SOLID WASTE COLLECTION FEES - SETTING A PUBLIC HEARING
FOR AUGUST 6, 2013, ON AN ORDINANCE AMENDING TITLE 3
13- ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES," SECTION 5 ENTITLED "SOLID WASTE DISPOSAL," OF
THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID
WASTE COLLECTION FEES.
Comment: This proposed ordinance will increase solid waste collection
fees for yard waste, bulky items, compost, mulch, electronic waste,
garbage stickers and tires. These fee increases are necessary due to
annual increases in operational costs and were previously approved with
the FY2014 adopted budget. The fees for garbage stickers and tires
were not specifically identified in the proposed budget document. The last
solid waste fee increase was effective October 1, 2010. This fee increase
will be effective October 1, 2013 for everything except yard waste
stickers, which will be effective April 1, 2014.
July 23, 2013
City of Iowa City Page 9
ITEM 2e(2) BILLION AUTO WETLAND AMENDMENT — MOTION SETTING A
PUBLIC HEARING FOR AUGUST 6 ON AN ORDINANCE
CONDITIONALLY REZONING 7.13 ACRES OF PROPERTY LOCATED
AT 2845 MORMON TREK BLVD IN THE INTENSIVE COMMERCIAL
(CIA) ZONE. (REZ13- 00018)
Comment: It is anticipated that the Planning and Zoning Commission will
vote on this application at their July 18 meeting and that their
recommendation will be available prior to the August 6 City Council
meeting. Approval of this amendment will allow an alternative wetland
restoration technique that will not require removal of an extensive amount
of topsoil and therefore is less susceptible to erosion.
ITEM 2e(3) OLDE TOWNE VILLAGE MIXED
HEARING FOR AUGUST 6 ON
REZONING 1.12 ACRES OF
COMMERCIAL (CC -2) ZONE TO
ON EASTBURY DRIVE NORTH
00016)
USE — MOTION SETTING A PUBLIC
AN ORDINANCE CONDITIONALLY
PROPERTY FROM COMMUNITY
MIXED USE (MU) ZONE LOCATED
OF MIDDLEBURY ROAD. (REZ13-
Comment: At its June 20 meeting, by a vote of 6 -0 (Dyer absent), the
Planning and Zoning Commission recommended approval of this
rezoning subject to conditions including general adherence with the
submitted concept plan and building design. Approval will allow the
development of two mixed -use buildings.
ITEM 2e(4) ZONING CODE AMENDMENT — MOTION SETTING A PUBLIC
HEARING FOR AUGUST 6 ON AN ORDINANCE AMENDING TITLE 14:
ZONING CODE TO ALLOW THE BOARD OF ADJUSTMENT TO
GRANT A SPECIAL EXCEPTION FOR A NON - CONFORMING USE OR
OTHER UNPERMITTED USE THAT HAS BEEN IN EXISTENCE FOR
OVER 25 YEARS TO BE REBUILT UNDER CERTAIN CONDITIONS,
EVEN IF IT IS DESTROYED OR DAMAGED TO MORE THAN 75% OF
ITS ASSESSED VALUE.
Comment: At its June 20 meeting, by a vote of 6- 0(Dyer absent), the
Planning and Zoning Commission recommended approval of this zoning
code amendment. Approval will allow Mike Hartley to apply for a special
exception to rebuild a dental lab at 1515 Jackson Avenue that was
destroyed by fire.
July 23, 2013 City of Iowa City Page 10
ITEM 2e(5) NORTH AIRPORT DEVELOPMENT SUBDIVISION PURCHASE
�3 a AGREEMENT - SETTING A PUBLIC HEARING FOR AUGUST 6, 2013
TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND GARY J. HARAPAT FOR LOT 9 OF THE NORTH
AIRPORT DEVELOPMENT SUBDIVISION AND TO CONSIDER A
PROPOSAL TO CONVEY SAID PROPERTY.
Comment: The North Airport Development Subdivision includes
commercial lots, which have been marketed for sale to the general public.
The City has negotiated a purchase agreement with Gary J. Harapat. This
resolution sets a public hearing on the purchase agreement for August 6.
The purchase agreement provides that buyer will purchase Lot 9 for
$228,500.
ITEM 2e(6) INTENT TO CONVEY WILD PRAIRIE ESTATES PART FIVE OUTLOT -
INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF
I3 941 AUDITOR'S PARCEL 2013038, A PORTION OF OUTLOT B, WILD
PRAIRIE ESTATES, PART FIVE, AND SETTING A PUBLIC HEARING
ON SAID PROPOSAL FOR AUGUST 6, 2013.
Comment: In 2004, Outlot B, a 5.41 acre parcel, was dedicated to the City
in conjunction with the platting of Wild Prairie Estates, Part Five. The
Subdivider, however, has remained in possession of the outlot. The
Subdivider now wishes to convey a .44 acre portion of said outlot to a
private party to be combined with an adjacent lot. Staff recommends
approval of this conveyance, as this portion of the outlot serves no public
purpose and the conveyance will not impair the public purpose of the
remaining outlot. The dedication was required by the subdivider's
agreement, and therefore such agreement must be amended to allow for
this reduction in the area to be dedicated to and owned by the City.
ITEM 2f Correspondence:
ITEM 2f(1) Shirley A. Thompson: Protest of Rezoning, N. First Avenue (REZ 13-
00004).
ITEM 2f(2) Mike Hill: Landfill Compost Use. [Staff response included]
ITEM 2f(3) Bobbi Paxton: The Chauncey.
ITEM 2f(4) Sonia Ettinger: Iowa City and School District Coordinated Efforts.
ITEM 2f(5) Larry Baker: SCOTUS land -use decision - A Legal Blow to
Sustainable Development.
ITEM 2f(6) Harry Olmstead: SEATS / Paratransit Contract. [Staff and Mayor
response included]
ITEM 2f(7) Carol deProsse, and Andrew Hosmanek: 523 Church Street. [Staff
response included]
ITEM 2f(8) Mohammed AI -Basri and Zahra AI- Attar: Hala Hala Hookah Tobacco
License Renewal. [Staff response included]
ITEM 2f(9) Theresa Ho: The future of Lincoln Elementary.
ITEM 2f(10) Bob Brenner: Back -Yard Chicken Issue: Problems Encountered in
Other Communities.
ITEM 2f(11) Lori Cullen: A recycling solution to Cigarette Butt Problem is
available.
July 23, 2013 City of Iowa City Page 11
ITEM 2f(12) Atty. James Houghton, rep. C & C Investments: Stevens Drive / South
Gilbert Street Flooding.
ITEM 2f(13) Cindy Roberts: Thank You from the Grant Wood Neighborhood
Association.
ITEM 2f(14) Joe Younker and Parks & Recreation Commission: Chauncey Park.
ITEM 2f(15) Steve Grismore: New Meters.
ITEM 2f(16) Traffic Engineering Planner: Installation of a NO RIGHT TURN ON RED
sign for northbound traffic at the intersection of Burlington Street and
Clinton Street.
ITEM 2f(17) Traffic Engineering Planner: Installation of NO PARKING 8 PM — 7 AM
signs on Gilbert Court between Kirkwood Avenue and Highland
Avenue, Highland Court, and 2nd and 3rd Street east of Gilbert Street.
END OF CONSENT CALENDAR.
Action:
�/ -AC1��
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elke N l 62 d ( 17)
ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL
Community Comment will be continued, if necessary, prior to
Information" item at the end of the meeting agenda.
;,PM]
"City Council
ITEM 4. 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 #4a, 4b, 4c only at the formal meeting).
ITEM 4a HIERONYMUS / KUM AND GO COMPREHENSIVE PLAN - AMENDING THE
COMPREHENSIVE PLAN - SOUTHEAST DISTRICT PLAN TO CHANGE THE
LAND USE DESIGNATION FROM MULTI - FAMILY TO COMMERCIAL FOR
PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF MUSCATINE AVENUE AND SCOTT BOULEVARD.
(CPA13- 00002) [Discussion only at formal meeting]
Comment: At its June 6 meeting, by a vote of 0 -6 (Thomas absent), the Planning
and Zoning Commission recommended denial of this amendment to the
Comprehensive Plan. Approval will allow this property to be considered for
commercial uses rather than residential development. 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. Correspondence from the applicant's attorney requesting deferral until
August 20th is included in packet.
1. PUBLIC HEARING
Action:
2. CONSIDER A RESOLUTI N
Action: R/� d
�/O
r
OL= -4 CITY OF IOWA CITY
MEMORANDUM.
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: July 23, Agenda, Additions, Revisions
CONSENT CALENDAR:
(Correspondence)
ITEM 2f(7) Carol de Prosse & Andrew Hosmanek: 523 Church Street
REVISION: [Staff response included x2]
ITEM 2f(15) Steve Grismore: New Meters [ADDITION: Staff response included]
ITEM 2f(18) (ADDITION) Holly Hart: Invitation to Green Events this week
TEM 2f(19) (ADDITION) Mark Patton: Nevada Dedication 2013
ITEM 7 (Revised) FIELD HOUSE LIQUOR LICENSE - APPROVING LIQUOR LICENSE FOR
CAFFREY IC, INC. DBA THE FIELD HOUSE, 118 S. DUBUQUE STREET.
Comment: Previously, the Police Chief had recommended denial due to the lack of good moral
character of Rafer Mateer, one of the three owners of Caffrey IC, Inc. On July 18, Mr. Mateer
divested himself of all his ownership interest in Caffrey IC, Inc. As a result, staff recommends
approval of the liquor license. No hearing is necessary and Council can proceed with approval.
July 23, 2013 City of Iowa City Page 12
ITEM 4b HIERONYMUS / KUM AND GO REZONING - REZONING 0.85 -ACRES FROM
LOW DENSITY SINGLE - FAMILY (RS -5) ZONE AND 2.87 -ACRES FROM LOW
DENSITY MULTI - FAMILY (RM -12) ZONE TO COMMUNITY COMMERCIAL
(CC -2) ZONE FOR PROPERTY LOCATED NORTH OF MUSCATINE AVENUE,
WEST OF SCOTT BOULEVARD. (REZ13- 00012) [Discussion only at formal
meeting]
Comment: At its June 6 meeting, by a vote of 0 -6 (Thomas absent), the Planning
and Zoning Commission recommended denial of this rezoning. Approval will
allow this property to be developed with commercial uses rather than residential
development. 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. Correspondence from the
applicant's attorney requesting deferral until August 20th is included in packet.
1. PUBLIC HEARING
Action: ;; &&, 72.x1 / � C
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION),
Action: Cy �� v
ITEM 4c CHEZIK- BELL AUTO DEALERSHIP REZONING - CONDITIONALLY
REZONING 2.3 ACRES OF LAND LOCATED SOUTHEAST OF THE
INTERSECTION OF HIGHWAY 1 AND SUNSET STREET IN THE INTENSIVE
COMMERCIAL (CI -1) ZONE. (REZ13- 00014) [Discussion only at formal
meeting]
Comment: At its June 6 meeting, by a vote of 6 -0 (Thomas absent), the Planning
and Zoning Commission recommended approval of this amendment to the
Conditional Zoning Agreement, subject to there being three varieties of trees and
larger landscaping beds in the two corners adjacent to Highway 1. Approval will
allow the setback to be reduced from 30 feet to 11 feet, but with enhanced
landscaping along the frontage of the property. 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.
1. PUBLIC HEARING
Action: .
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: Lm
6�
July 23, 2013 City of Iowa City Page 13
ITEM 4d AMENDMENT TO ALLOW SCHOOLS IN THE CC -2 ZONE - AMENDING TITLE
14: ZONING CODE TO ALLOW SCHOOLS OF GENERALIZED INSTRUCTION
BY SPECIAL EXCEPTION IN THE COMMUNITY COMMERCIAL (CC -2) ZONE.
Comment: At its June 6 meeting, by a vote of 6 -0 (Thomas absent), the Planning
and Zoning Commission recommended approval of this amendment to the
Zoning Code. Approval will allow schools of generalized instruction (primary and
secondary schools) in the CC -2 zone by special exception.
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.
1. PUBLIC HEARING
p
Action:i
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: An G v -7
ITEM 4e AMENDMENT TO MODIFY AREA SPACING BETWEEN DRINKING
ESTABLISHMENTS - AMENDING TITLE 14: ZONING CODE TO MODIFY THE
REGULATIONS REGARDING THE SPACING OF DRINKING
ESTABLISHMENTS SO THAT THE 500 -FOOT SPACING RULE WOULD
ONLY APPLY TO THE UNIVERSITY IMPACT AREA AND THE RIVERFRONT
CROSSINGS DISTRICT.
Comment: At its June 6 meeting, by a vote of 2 -4 (Eastham, Dyer, Swygard and
Theobald voting no, Thomas absent), the Planning and Zoning Commission
recommended denial of this amendment to the zoning code to modify the 500 -
foot spacing requirement for drinking establishments.
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. A joint meeting between the Council
and the Commission is scheduled for the work session prior to the formal
meeting on July 23 to discuss this item.
1. PUBLIC HEARING
Action: Q4PoJ D/Jni 1 l fJ
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: I I C v /
July 23, 2013 City of Iowa City Page 14
ITEM 4f ROCHESTER RIDGE PART 4 — RESOLUTION APPROVING FINAL PLAT.
3 f a43
Comment: A preliminary plat of Rochester Ridge Part 4 was approved in 2011.
Staff recommends approval of the final plat subject to approval of legal papers
and construction drawings by the City Attorney and City Engineer. It is
anticipated that legal papers and construction drawings will be approved prior to
the July 23 City Council meeting. Approval will allow the development of
Rochester Ridge Part 4, an 11 -lot, 3.24 -acre residential subdivision located on
Teton Circle south of Rochester Avenue.
d
Action:
ITEM 4g & 4&RL_Y KNTeEy Z
DDITIO — RESOLUT�PPROVING FI AL PLAT.
Comment: A preliminary plat of Hickory Pointe, 2nd Addition, was approved in
2011. Staff recommends approval of the final plat subject to approval of legal
papers and construction drawings by the City Attorney and City Engineer. It is
anticipated that legal papers and construction drawings will be approved prior to
the July 23 City Council meeting. Approval will allow the development of Hickory
Pointe, 2nd Addition, a 1 -lot, 2.97 -acre residential subdivision located on the
northwest corner of the intersection of Fi, st Avenue and Hickory Trail.
Action: ]� %
ITEM 5. AMEEN[�ING MOSS GREEN URBAN VILLAGE URBAN RENEWAL REA -
APPROVING AMENDMENT #1, MOSS GREEN URBAN VILLAGE URBAN
RENEWAL PLAN TO ADD URBAN RENEWAL PROJECTS AND EXPAND THE
URBAN RENEWAL AREA.
Comment: The items in Amendment #1 to the Moss Green Urban Village Urban
Renewal Plan provide the opportunity for a) the City to enter into a development
agreement for the construction of a road, b) the inclusion of the Pearson property to
enable tax increment financing derived from that land and the original Urban
Renewal Area to be used to finance the road, and c) for the possibility for City
Council to consider future development agreements with employers building in the
office park.
a. PUBLIC HEARING
Action: c,�'�/ , � J IL /-ke za;6ea
13— '3i.5 b. CONSIDER A RESOLUTION
Action: ha
ALL
July 23, 2013 City of Iowa City Page 15
ITEM 6. MOSS RIDGE ROAD — APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
MOSS RIDGE ROAD 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 include the construction of a street from Highway 1 to
Moss Ridge Campus at Rapid Creek Preserve, N. Dodge Street / Highway 1
improvements, sidewalk, sanitary sewer, water main, traffic signals, and storm sewer
system. The estimated construction cost is $3,520,000 and will be funded with
General Obligation bond proceeds, tax increment financing, and RISE Grant funds.
a. PUBLIC HEARING
Action: v�
13— 2#�o b. CONSIDER A RESOLUTION
Action:
ITEM 7. LIQUOR LICENSE FOR CAFFREY IC, INC. DBA THE FIE �D HOUSE,
DUBUQUE STREET.
118S. J �'y,� AV
Comm in This hearing is the time signated for the Council o consider staff
recomm ndation to deny the applicati for a liquor license fort a above mentioned
establish nt. A memo from the Police hief providing informati n on the
recommen tion for denial is included in e Council packet along ith copies of the
corresponden a sent to the applicant /owne from the City Clerk an Police Chief.
a. HEARMG
Action:
b. CONSIDER A ION TO DENY I ACCORDANCE ITH
STAFF RECOM &NDATION T
Action:
ITEM 8. TICKET SALES IN TRADITIONAL THEATER SEATING - AMENDING TITLE 4,
ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION B, TO MODIFY THE CALCULATION OF
TICKET SALES FOR EXCEPTION CERTIFICATE PURPOSES. (FIRST
CONSIDERATION)
Comment: Under the current ordinance, ticket sales for theater performances on
stage are counted as non - alcohol sales for exception certificate purposes. Ticket
sales for viewing films at a movie theater would be counted as alcohol sales,
because they are not performed "on stage." The owners of FilmScene have
approached the City to address this issue. This ordinance provides that ticket sales
at a movie theater will not be considered an alcohol sale as long as the patrons are
seated in "traditional theater seating."
Action: �L v v
,� 74/
r
��•� -_,.® CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: July 23, Agenda, Additions, Revisions
CONSENT CALENDAR:
(Correspondence)
ITEM 2f(7) Carol de Prosse & Andrew Hosmanek: 523 Church Street
REVISION: [Staff response included x2]
ITEM 2f(15) Steve Grismore: New Meters [ADDITION: Staff response included]
ITEM 2f(18) (ADDITION) Holly Hart: Invitation to Green Events this week
ITEM 2f(19) (ADDITION) Mark Patton: Nevada Dedication 2013
ITEM 7 (Revised) FIELD HOUSE LIQUOR LICENSE - APPROVING LIQUOR LICENSE FOR
CAFFREY IC, INC. DBA THE FIELD HOUSE, 118 S. DUBUQUE STREET.
Comment: Previously, the Police Chief had recommended denial due to the lack of good moral
character of Rafer Mateer, one of the three owners of Caffrey IC, Inc. On July 18, Mr. Mateer
divested himself of all his ownership interest in Caffrey IC, Inc. As a result, staff recommends
approval of the liquor license. No hearing is necessary and Council can proceed with approval.
July 23, 2013
City of Iowa City
Page 16
ITEM 9. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18
years of age unless specific qualifications are stated.
ITEM 9, Airport Zoning Brd of Adjustment – One vacancy to fill a five -year term
January 1, 2012 - December 31, 2016. (New full term).
Action: 9L C
ITEM 9b 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: �w —
ITEM 9c Airport Zoning Commission – One vacancy to fill a six -year term January
1, 2010 – December 31, 2015. (Term expires for Brian Sponcil)
Action:
ITEM 9d
Historic Preservation Commission –
representative to fill three -year terms,
(New District formed).
One vacancy, for aeon St.
March 29, 2013 – March 29, 2016.
Action: '
ITEM 9e Parks & Recreation Commission – One vacancy to fill an unexpired term,
effective upon appointment, ending January 1, 2017. (Alex Taylor
resigned).
Action:
/ �i, /ii �1 ✓mod% / _�
ITEM 9f Housina and Communitv Development Commission – Three vacancies to
fill three -year terms September 1, 2013 – September 1, 2016. (Term
expires Scott D�ragoo, Holly Jane Hart, Charles Drum). D~�
Action: 1 ,07 7 % ►�� 4z,,. 5� �. �c��c� �y �`f. f? 11A�e
ITEM 9g Human Rights Commission – One vacancy to fill an unexpired term,
effective upon appointment, ending January 1, 2016. (Katie Anthony
resigned).
Action:
ITEM 9h 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).
Action: /A Q!
Po. 0s _L
July 23, 2013 City of Iowa City Page 17
ITEM 10. 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 10a Board of Adjustment — One vacancy to fill an unexpired term, effective
upon appointment, ending January 1, 2015. (Will Jennings resigned).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JULY 31, 2013.
New:
ITEM 10b Public Art Advisory Committee — Two vacancies to fill an unexpired term,
effective upon appointment, ending January 1, 2015 and an unexpired
term term plus a three -year term, effective upon appointment, ending
January 1, 2017. (Melissa Mitchell and Susie Thurmond resigned).
Correspondence included in Council packet.
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, AUGUST 28, 2013.
ITEM 11. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 12. CITY COUNCIL INFORMATIO
ITEM 13. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager.
b) City Attorney.
c) City Clerk.
ITEM 14. ADJOURN (to work session if necessary).