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HomeMy WebLinkAbout2013-12-03 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. Iowa City —==-_4 ;1a�a City Council Agenda'��� �rll/ %hi s Regular Formal CITY IOWA CITY December 3, 2013 - 7:00 p.m. `lCity Hall — Harvat Hall , - 454-/6u. 410 E. Washington Street 4�glv&�el www.icaov.ora ITEM 1. CALL TO ORDER. ITEM 1 a Roll Call ITEM 2. STUDENT CITIZENSHIP ITEM 2a Abele Atresso ITEM 2b Rebekah Murry AWARDS — Mark Twain Elementary ITEM 2c Malsha Slla 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) November 12 Council Work Session ITEM 3a(2) November 12 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 Library Trustees — October 24 ITEM 3b(2) Citizens Police Review Board — November 6 ITEM 3b(3) Housing and Community Development Commission — October 17 ITEM 3b(4) Human Rights Commission — October 15 ITEM 3b(5) Planning and Zoning Commission — October 17 (formal) ITEM 3c. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal) ITEM 3c(1) Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St. ITEM 3c(2) Class C Liquor License for Pagliai Pizza, LLC., dba Pagliai's Pizza, 302 East Bloomington St. ITEM 3c(3) Class B Native Wine Permit for Dykstra Nursery Corporation, dba Iowa City Landscaping & Garden Center, 520 Hwy. 1 West (New) ITEM 3c(4) Special Class C Liquor License for The High Ground Cafe L.L.C., dba High Ground Caf6, 301 E. Market St. ITEM 3c(5) Class B Native Wine Permit for Van Hook Custom Homes, LLC., dba Sweets and Treats, 201 S. Clinton St., Suite 181 December 3, 2013 City of Iowa City Page 2 ITEM 3d. Resolutions and Motions: ITEM 3d(1) ELECTION ABSTRACT - APPROVING ABSTRACT OF VOTES FOR THE NOVEMBER 5, 2013 CITY GENERAL ELECTION. ITEM 3d(2) ITEM 3d(3) / _5 - ; >')L_. ITEM 3e. ITEM 3e(1) /3- X33 AMENDING HEINZ ROAD URBAN RENEWAL PLAN - DETERMINING THE NECESSITY OF AND SETTING DATES OF A CONSULTATION (THURSDAY, DEC. 19, 2013) AND PUBLIC HEARING (TUESDAY, JAN. 21, 2014 ON A PROPOSED AMENDMENT NO. 1 TO THE HEINZ ROAD URBAN RENEWAL PLAN IN THE CITY OF IOWA CITY, IOWA Comment: The City has been approached by Alpla, Inc., a large employer in the Heinz Road Urban Renewal Area, for a local match to State funding they seek. To facilitate the consideration of such a project, the City must first amend the Urban Renewal Area to include the project. The first step to amending an urban renewal area is to approve a resolution of necessity, which sets the date for a consultation with affected taxing entities (County, School) and sets the date for a public hearing. A development agreement for the proposed project will be considered after the public hearing for the amendment to the plan. FY2013 CURB RAMP IMPROVEMENT - ACCEPTING THE WORK FOR THE FY2013 CURB RAMP IMPROVEMENT PROJECT. Comment: The project has been completed by Feldman Concrete of Dyersville, 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: $ 72,147.60 ❖ Project Bid Received: $ 61,198.65 ❖ Project Actual Cost: $ 81,273.89 Setting Public Hearings: NORTH DODGE HY -VEE PURCHASE OF PROPERTY - SETTING A PUBLIC HEARING FOR DECEMBER 17, 2013 TO CONSIDER A PROPOSAL TO CONVEY APPROXIMATELY .75 ACRES AT THE NORTHEAST CORNER OF THE INTERSECTION OF N. DODGE STREET AND PRAIRIE DU CHIEN ROAD TO HY -VEE, INC. Comment: As part of the relocation of its grocery store on N. Dodge Street, Hy -Vee, Inc. would like to purchase approximately .75 acres of land, including recently vacated portions of St. Clement's Street and St. John's alley. Exhibit B to the purchase agreement, which is attached to the resolution, is a depiction of the property. Staff has accepted the offer contingent on Council approval, and this resolution sets a public hearing for Dec. 17 on the proposed conveyance. Although the offer provides that Hy -Vee will not pay any cash for the land, the consideration is that Hy -Vee, Inc. will dedicate land to the City for St. Clement's Street right -of- way, which will be in a better location for the public than the vacated right - of -way. December 3, 2013 City of Iowa City Page 3 ITEM 3e(2) REZONING BENTON AND RIVERSIDE DRIVE — MOTION SETTING A PUBLIC HEARING FOR DECEMBER 17 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2.5 ACRES OF LAND LOCATED AT 21 WEST BENTON STREET AND 820 SOUTH RIVERSIDE DRIVE FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO OVERLAY PLANNED DEVELOPMENT- COMMUNITY COMMERCIAL (OPD -CC -2) ZONE. (REZ13- 00022) Comment: At its November 7 meeting, by a vote of 6 -0, the Planning and Zoning Commission recommended approval of this planned development rezoning. Approval will allow development of a 6 -story mixed -use building oriented toward the Iowa River and a small retail building adjacent to the existing Staples office supply store. 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. ITEM 3f Correspondence: ITEM 3f(1) Dennis Kowalski: Cross Walks [Staff response included] ITEM 3f(2) Margaret Murray: Building Under Construction in Towncrest Area [Staff response included] ITEM 3f(3) Deborah Tunwall: Move USPS to old Hartwig Dodge ITEM 3f(4) Teresa Deatsch: City of Iowa City ITEM 3f(5) Edie Pierce - Thomas: My candidacy for the Human Rights Commission [Staff response included] ITEM 3f(6) Brian Fahey: Feasibility of Foot Bridge over Greenwood Drive Railroad Tracks [Staff response included] ITEM 3f(7) Maureen McCormick: Downtown Issues [Council Member response included] ITEM 3f(8) Greg Zimmerman: Airport Property [Staff response included] ITEM 3f(9) Josh Goding, PATV Ex. Dir.; Beth Parker; Emily Ashenfelter: PATV Funding [Staff response included] ITEM 3f(10) Human Rights Commission: Recommendation regarding strategic planning survey (previously distributed in 11/21 info packet) ITEM 3f(11) Albert Sackett: Hazardous Fence [Staff response included] ITEM 3f(12) Harry Olmstead: Iowa City Ramp Inventory [Staff response included] ITEM 3f(13) Cynthia Jewell: Paratransit Services; Speeding LS-- rk-E tee, pew c i „ck� {�� D OF CONSENT CALENDAR. Action: 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. �v �! 1i.�� CITY OF IOWA CITY MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: �_.- _December 3, Agenda Revisio i ions CONSENT CALENDAR ITEM 3f (13) Cynthia Jewell: Paratransit Services; Speeding [Staff response included] ITEM 3f (14) Michael O'Connell: Possible Interview ITEM 3f (15) Morgan Wolaver, Association of United States Postal Lessors: Post Office ITEM 10. STORMWATER UTILITY FEE - AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. Comment: This ordinance provides for a rate increase to the storm water utility fee as proposed in the FY2014 budget. A rate increase is proposed to meet the demands on the City's storm water management program due to State and Federal regulations, maintenance on existing storm water infrastructure and community improvements and assistance. The single family residential rate will increase fifty cents per month. The multi - family residential rate will increase twenty -five cents per month. The non - residential rate will increase fifty cents for the base rate and twenty -five cents on the multiplying ERU (Equivalent Residential Unit) rate per month. . a. PUBLIC HEARING (Revised addition) Action: b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: December 3, 2013 City of Iowa City Page 4 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, b, c, d, e, f, g only at the formal meeting). ITEM 5a SCHOOL DISTRICT ANNEXATION ON SYCAMORE STREET — ANNEXING 44.85 ACRES OF PROPERTY LOCATED ON SOUTH SYCAMORE STREET, SOUTH OF THE CURRENT CITY LIMITS. (ANN13- /3 00002) [Discussion only at formal meeting] Comment: At its October 17 meeting, by a vote of 5 -0, the Planning and Zoning Commission recommended approval of an annexation and rezoning of the property. Approval will allow the Iowa City Community School District to establish a new elementary school in this area. 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 A RESOLUTION Action: ITEM 5b SCHOOL DISTRICT REZONING ON SYCAMORE STREET — REZONING 15.78 ACRES FROM COUNTY RESIDENTIAL (R) ZONE TO NEIGHBORHOOD PUBLIC (P -1) ZONE AND 29.07 ACRES FROM COUNTY RESIDENTIAL (R) ZONE TO INTERIM DEVELOPMENT RESIDENTIAL SINGLE - FAMILY (ID -RS) ZONE FOR PROPERTY LOCATED ON THE WEST SIDE OF SYCAMORE STREET. (REZ13- 00023) [Discussion only at formal meeting] Comment: See previous item. 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: d� December 3, 2013 City of Iowa City Page 5 ITEM 5c SCHOOL DISTRICT ANNEXATION ON AMERICAN LEGION ROAD — ANNEXING 15.14 ACRES OF PROPERTY LOCATED ON AMERICAN _ LEGION ROAD NEAR THE INTERSECTION WITH BARRINGTON ROAD. (ANN13- 00003) [Discussion only at formal meeting] Comment: At its October 17 meeting, by a vote of 5 -0, the Planning and Zoning Commission recommended approval of an annexation and rezoning of the property. Approval will allow the Iowa City Community School District to establish a new elementary school at this location. 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 Actin t1: � p� G� - 11�1OQh11GC� 2. CONSIDER A RESOLUTION Action: Od ITEM 5d SCHOOL DISTRICT REZONING ON AMERICAN LEGION ROAD — REZONING 15.14 ACRES OF PROPERTY LOCATED ON AMERICAN LEGION ROAD NEAR THE INTERSECTION WITH BARRINGTON ROAD FROM COUNTY AGRICULTURE (A) ZONE TO NEIGHBORHOOD PUBLIC (P -1) ZONE. (REZ13- 00025) [Discussion only at formal meeting] Comment: See previous item. 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: p & g 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: �� �' / V e U December 3, 2013 City of Iowa City Page 6 ITEM 5e REZONING SADDLEBROOK — AMENDING THE PLANNED DEVELOPMENT OVERLAY / HIGH DENSITY SINGLE - FAMILY (OPD /RS- 12) PLAN FOR SADDLEBROOK TO ALLOW 13 APARTMENT BUILDINGS WITH 142 MULTI - FAMILY DWELLINGS AND 6 DUPLEXES WITH 12 DWELLING UNITS ON APPROXIMATELY 19.67 ACRES OF LAND LOCATED SOUTH OF PADDOCK CIRCLE. (REZ13- 00021) [Discussion only at formal meeting] /- -LfS6,Z Comment: At the request of the applicant the hearing was continued and ordinances deferred at the October 1, October 15, November 12 Council meetings; and the applicant has withdrawn the application. PUBLIC HEARIPG 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATlb�) Action: ITEM 5f REZONING CARDINAL RIDGE, PART 4 — REZONING 3.77 -ACRES FROM INTERIM DEVELOPMENT SINGLE FAMILY (ID -RS) ZONE TO PLANNED DEVELOPMENT OVERLAY — LOW DENSITY SINGLE FAMILY (OPD -5) ZONE LOCATED ON CAMP CARDINAL ROAD SOUTH OF KENNEDY PARKWAY. (REZ- 00024/SUB13- 00018) [Discussion only at formal meeting] (SECOND CONSIDERATION) Comment: At its October 3 meeting, by a vote of 6 -0 (Freerks absent), the Planning and Zoning Commission recommended approval of this rezoning. Approval will allow development of Cardinal Ridge Part 4, a 24 -lot, 8.48 acre residential subdivision. Action: Z 17 ITEM 5g REZONING WESTWINDS - CONDITIONALLY REZONING 1.3TACRES LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF MELROSE AVENUE AND WESTWINDS DRIVE FROM LOW DENSITY MULTI - FAMILY (RM -12) ZONE TO PLANNED DEVELOPMENT OVERLAY /LOW DENSITY MULTI - FAMILY (OPD -RM12) ZONE. (REZ13- 00019/SUB13- 00012) [Discussion only at formal meeting] (PASS AND ADOPT) Comment: At its August 15 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of a rezoning with conditions regarding restoration of a stormwater detention facility, driveway and parking easements, pedestrian access, and building design. Approval will bring an existing duplex into compliance with the Code and allow development of a 7- unit apartment building. s� 0 December 3, 2013 I ? -- ?,3-7 City of Iowa City Page 7 ITEM 5h WESTWINDS SECOND ADDITION - APPROVING A PRELIMINARY PLAT (SUB13- 00012) Comment: At their August 15 meeting by a vote of 7 -0, the Planning and Zoning Commission recommended approval of the preliminary plat. Approval will allow the development of The Westwinds - Second Addition, a 2 -lot, 1.,31 -acre residential subdivision located south of Melrose Avenue west of Westwinds Drive. Action: ITEM 5i LEXINGTON GREEN -APPROVING A PRELIMINARY PLAT (SUB13- 00022) Comment: At their November 21 meeting by a vote of 7 -0, the Planning and Zoning Commission recommended approval of the preliminary plat. Approval will allow the development of Lexington Green, a 3 -lot, 0.7,5,,-acre residential subdivision located at 220 Lexington Ave nue.• %� ITEM 6. CITY PARK POOL ADA RENOVATIONS PROJECT - APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY PARK POOL ADA RENOVATIONS 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 is being undertaken in order to make the wading pool at the City Park Pool compliant with the Americans with Disabilities Act which states that all municipal pools must have a means of access. The existing wading pool does not meet current standards. This project encompasses the replacement of the wading pool with a zero depth pool. Other items include expansion of the fence -line to alleviate overcrowding of the deck by incorporating natural areas, and an accessible picnic area. The estimated construction cost is $488,500 (base bid) and will be funded with General Obligation bond proceeds. a. PUBLIC HEARING b. CONSIDER A RESOLUTION A • �� �._ / 70 December 3, 2013 City of Iowa City Page 8 ITEM 7. ASSESSMENTS - ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Comment: The City has the authority under Iowa Code §364.13B to assess the nuisance abatement costs in the same manner as a property tax. This resolution allows the City Clerk to certify to the Johnson County Treasurer the abatement cost to be assessed against the property. This assessment is being pursued only after the City took many steps to resolve the matter. The City notified the home owners to abate the nuisance (for example, to remove snow from the sidewalk) and after the home owner did not take action to abate the nuisance, the City abated the nuisance and billed the owner. After being billed at least twice, these owners still have not paid the abatement costs. The City has sent a letter to the home owner giving them notice that this resolution would be on the agenda, a copy of which is attached to the resolution. No interest will be charged if the owner pays within 30 days of the first required publication. Attached to the resolution as an exhibit is a list of the properties that will be assessed and the amount that will be assessed. Action: ITEM 8. STAFFING LEVELS IN HOUSING AUTHORITY - AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RESOLUTION REDUCING CURRENT STAFFING LEVELS IN THE IOWA CITY HOUSING AUTHORITY DIVISION OF THE 3 _ HOUSING AND INSPECTION SERVICES DEPARTMENT BY LAYOFF / SUSPENSION OF ONE FULL -TIME HOUSING PROGRAM ASSISTANT POSITION AND LAYOFF / SUSPENSION OF ONE HOUSING ASSISTANT POSITION Comment: The Iowa City Housing Authority has experienced a significant decline in revenue due to "Sequestration" of federal funding, and notwithstanding the implementation of other cost cutting measures, the Housing Authority's budget cannot be balanced without staff reductions, thus, the Iowa City Housing Authority recommends that it is in the public interest to reduce current staffing through the layoff /suspension of one full -time housing program assistant position and the layoff /suspension of one housing assistant position, effective February 19, 2014. Pursuant to Iowa's Civil Service Law (Iowa Code Chapter 400) and the current AFSCME collective bargaining agreement, the positions affected will be reduced based on seniority and will retain preference in future hiring for at least three (3) years. This Resolution finds, based on the budgeting information of the division, that it is in the public interest to accept the recommendation of the Iowa City Housing Authority and Housing and Inspections Department Director to balance the division budget by reducing staff. Action: WERE VW4 December 3, 2013 City of Iowa City Page 9 ITEM 9. FASTRAC FUNDING -ALLOCATING FUNDING FROM NOVEMBER 15, 2013 THROUGH JUNE 30, 2014 FOR THE FAS TRAC PROGRAM. Comment: Diversity Focus has requested funding in the amount of $15,000 from the City of Iowa City. The funding request would be used to transition the FasTrac Cultural & Diversity Awareness Program from Mayor's Youth Empowerment Program to Diversity Focus. The funding would be subject to Diversity Focus becoming fiscal agent of FasTrac and a signed letter of agreement between the City of Iowa City and Diversity Focus. Action: ITEM 10. STORMWATER UTILITY FEE — AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY _ UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. (FIRST CONSIDERATION) Comment: This ordinance provides for a rate, increase to the storm water utility fee as proposed in the FY2014 budget. A rat increase is proposed to meet the demands on the City's storm water managemen program due to S to and Federal regulations, maintenance on existing storm wa r infrastructure d community improvements and assistance. The single family re. idential rate will ' crease fifty cents per month. The multi - family residential rate will'increase twenty -fi cents per month. The non - residential rate will increase fifty cents `for the base rate a d twenty - five cents on the multiplying ERU (Equivalent Residential bit) rate per mon, h. . Action: ITEM 11. BLACK HAWK MINI PARK - AMENDING TITLE 6, ENTITLED PUBLIC HEALTH AND SAFETY, CHAPTER 10, ENTITLED "SMOKE FREE PLACES," TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED —Lf �S_ "MISCELLANEOUS OFFENSES," AND TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 5, ENTITLED "CITY PLAZA," AND CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS," TO MAKE CURRENT REGULATIONS ON CITY PLAZA APPLY TO BLACK HAWK MINI PARK. (SECOND CONSIDERATION) Comment: In the City Code, the definition of City Plaza, aka the ped mall, does not explicitly include Black Hawk Mini Park. This ordinance makes various Code provisions that have been adopted by City Council over the past several years apply to both City Plaza and Black Hawk Mini Park. This ordinance will provide the intended uniformity of regulations in these locations. Staff requests expedited action. i Action: C�� 70 AM CITY OF IOWA CITY MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: December 3, Agenda Revision, Additions CONSENT CALENDAR ITEM 3f (13) Cynthia Jewell: Paratransit Services; Speeding [Staff response included] ITEM 3f (14) Michael O'Connell: Possible Interview ITEM 3f (15) Morgan Wolaver, Association of United States Postal Lessors: Post Office REGULAR AGENDA \ ITEM 10. STORMWATER UTILITY FEE — AMENDING TITLE 3, ENTITLED "FINANCES; TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. Comment: This ordinance provides for a rate increase to the storm water utility fee as proposed in the FY2014 budget. A rate increase is proposed to meet the demands on the City's storm water management program due to State and Federal regulations, maintenance on existing storm water infrastructure and community improvements and assistance. The single family residential rate will increase fifty cents per month. The multi - family residential rate will increase twenty -five cents per month. The non - residential rate will increase fifty cents for the base rate and twenty -five cents on the multiplying ERU (Equivalent Residential Unit) rate per month. . a. PUBLIC HEARING (Revised addition) Action: b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: December 3, 2013 City of Iowa City Page 10 ITEM 12. ROOFTOP PATIO EXCEPTION - AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 2, LIQUOR LICENSES AND BEER PERMITS, SECTION 2, PREMISES REQUIREMENTS, SUBSECTION B, TO MODIFY AND CLARIFY THE GROUND FLOOR REQUIREMENT. (SECOND CONSIDERATION) e� — y5W- Comment: Iowa City Code 4 -2 -2 prohibits the issuance of liquor licenses for any establishment not located on the ground floor. The rationale for this long- standing ordinance is related to public safety, and the ability of the police department and fire department to quickly access and respond to calls for service, which occur with greater frequency in drinking establishments. This amendment clarifies that new establishments must be entirely on the ground floor in order to secure a liquor license. The amendment also adds an exception for rooftop patios with occupant loads under 50 associated with indoor commercial recreational uses, such as FilmScene. Staff requests expedited action. 7 Action: �� / � ,,,� y a ITEM 13. NEW DEFINITION FOR PEDICABS - ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO CHANGE THE DEFINITION OF PEDICAB. (FIRST CONSIDERATION) Comment: A member of the public would like to start a pedicab business using a vehicle manufactured by Velotaxi, which is a 3- wheeled tricycle propelled by pedals with the assistance of a motor to aid the driver in pedaling up a hill. Under the City ordinance, a pedicab is defined as a vehicle "exclusively" propelled by human power. Although pedicabs are licensed by the City, they are subject to fewer regulations than cars and vans (e.g., a pedicab business does not have to be open 24/7 and does not maintain 4 taxis). This ordinance expands the definition of pedicab to include a vehicle propelled by a person with the assistance of a motor. Action: 4n--o ISf' �✓ v �� 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 Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1, 2009 - December 31, 2013 plus an additional five -year term January 1, 2014 — December 31, 2018. (Term expires for Dennis Keitel). ITEM 14b Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1, 2012 - December 31, 2016. (New full term). ITEM 14c Appeals, Board of — One vacancy to fill a five -year term January 1, 2014 - December 31, 2018. (Term expires for Chad Campion). December 3, 2013 City of Iowa City Page 11 ITEM 14d Appeals, Board of — One vacancy, for a Licensed Electrician, or a qualified trade representative (if after 3 months no professional applies or is appointed), to fill an Unexpired Term Effective upon Appointment — December 31, 2015. (Matt Neumiller resigned). ITEM 14e Historic Preservation Commission — One vacancy, for a Jefferson St. representative to fill a three -year term, March 29, 2013 — March 29, 2016. (New District formed). ITEM 14f Public Art Advisory Committee — One vacancy to fill a three year term January 1, 2014 — January 1, 2017. (Term expires for William Nusser). ITEM 14g Senior Center Commission — effective upon appointment Lensing resigned). One vacancy to fill an unexpired term ending— December 31, 2016. (Michael APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, DECEMBER 11, 2013 ITEM 14h Airport Commission — Two vacancies to fill a four -year term March 1, 2014 — March 1, 2018. (Term expires for Howard Horan and Christine Ogren). ITEM 14i Historic Preservation Commission — One vacancy for the Longfellow District to fill three -year term, March 29, 2014 — March 29, 2017 (Term expires for David McMahon). ITEM 14j Historic Preservation Commission — Two vacancies for At Large Representative to fill three -year term, March 29, 2014 — March 29, 2017 (Term expires for Andrew Litton and Thomas Baldridge). ITEM 14k Public Art Advisory Committee — One vacancy to fill an unexpired term effective upon appointment — January 1, 2015. (Amanda Renaud resigned). ITEM 141 Telecommunications Commission — Two vacancies to fill a three -year term, March 13, 2014 — March 13, 2017.(Term expires for Nicholas Kilburg and Alexa Homewood). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, DECEMBER 18, 2013. ITEM 15. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 16. CITY COUNCIL INFORMATION ITEM 17. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. b) City Attorney. c) City Clerk. ITEM 18. ADJOURN (to work session'' ).