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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 �'� 7C1QlU1B% 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�� �T 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).