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HomeMy WebLinkAbout2014-12-16 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. � r , �Q�a �,����� �ru111rI.•�� Iowa City.,.._ City Council Agenda CITY OF IOWA CITY ��- UNESCO CITY OF LITERATURE „ Regular Formal I. 44 -Z -;December 16, 2014 - 7:00 p.m. City Hall — Harvat Hall 410 E. Washington Street www.icgov.orq ITEM 1. CALL TO ORDER. ITEM 1 a Roll Call ITEM 2. STUDENT CITIZENSHIP AWARDS — Helen Lemme Elementary ITEM 2a Josiah Fischer ITEM 2b Mia McDonald ITEM 3. SPECIAL PRESENTATIONS ' ITEM 3a Iowa City Area Development Group ITEM 3b Iowa City Downtown District J ,moiz 3e, 4�PD� ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. ITEM 4a. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: ITEM 4a(1) December 2 Work Session ITEM 4a(2) December 2 Regular Formal Official & Complete ITEM 4a(3) December 9 Special Formal Official & Complete ITEM 4b. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). ITEM 4b(1) Ad Hoc Senior Services — November 24 ITEM 4b(2) Citizens Police Review Board — November 10 ITEM 4b(3) Citizens Police Review Board — November 25 ITEM 4b(4) Charter Review Commission — November 25 ITEM 4b(5) Parks and Recreation Commission — October 8 ITEM 4b(6) Telecommunications Commission — October 27 ITEM 4c. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal ITEM 4c(1) Class C Liquor License for Lusati, Inc., dba Quinton's Bar and Deli, 215 E. Washington St. ITEM 4c(2) Class C Liquor License for 2 -Tone, Inc., dba Bluebird Diner, 330 E. Market St. ITEM 4c(3) Class C Liquor License for Iowa City Yacht Club LLC., dba Iowa City Yacht Club, 13 S. Linn St. # 10 December 16, 2014 ITEM 4c(4) New ITEM 4c(5) City of Iowa City Page 2 Class C Liquor License for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave. Class C Liquor License for Northside Bistro, Inc., dba Northside Bistro, 203 North Linn St. ITEM 4d. Resolutions and Motions: ITEM 4d(1) LANDFILL LAND PURCHASE AGREEMENT - RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY AND NEVA HAMAN FOR A 1.65 ACRE DWELLING SITE, INCLUDING THE HOUSE AND 18.41 ACRES OF AGRICULTURAL GROUND AT 3862 L4 4/ HEBL AVENUE, SW, IOWA CITY, IOWA. Comment: Staff has negotiated a purchase agreement with Neva Haman for a 1.65 acre dwelling site, including a house and 18.41 acres of agricultural ground at 3862 Hebl Avenue SW, Iowa City, Iowa for $352,190 ($192,190 for the 1.65 acre dwelling site and house and $160,000.00 for the 18.41 acres of agricultural land) contingent on Council approval. This land is immediately adjacent to the first cell constructed at the landfill in 1972. Staff recommends the purchase of this property to serve as a buffer for the management of landfill gas and groundwater protection as well as potential future cell space. The City will enter into a residential lease agreement with Neva Haman to continue living in the home for as long as she desires. ITEM 4d(2) CARTER ESTATE — RESOLUTION APPROVING FINA CARTER ESTATE Comment: A preliminary pl Sensitive Areas Site Plan of Carter �( Estate was approve ovember 4. Staff recommends approval. It is anticipated th gal papers and construction drawings will be approved prior to t ecember 16 City Council meeting. Approval will allow the de pment of one outlot and two single family lots accessed by a ared driveway east of Camp Cardinal Road, north of Eagle Place. ITEM 4d(3) PEDESTRIAN MALL PLAY AREA SURFACING IMPROVEMENTS - RESOLUTION ACCEPTING THE WORK FOR THE PEDESTRIAN MALL PLAY AREA SURFACING IMPROVEMENTS PROJECT. Comment: The project has been completed by Feldman Concrete of Cedar Rapids, Iowa, in substantial accordance with the plans and `7 specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. ❖ Project Estimated Cost: $ 96,000.00 ❖ Project Bid Received: $ 89,174.00 ❖ Project Actual Cost: $ 89,174.00 December 16, 2014 Iq -yyq City of Iowa City Page 3 ITEM 4d(4) EASTBROOK FLATS ADDITION - RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR EASTBROOK FLATS ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. ITEM 4d(5) Comment: See Engineer's Report. DUBUQUE STREET / 1-80 PEDESTRIAN BRIDGE - RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AUGUST 21, 2012 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND AECOM OF WATERLOO, IA TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DUBUQUE STREET / 1-80 PEDESTRIAN BRIDGE PROJECT. Comment: The City of Iowa City entered into a contract with AECOM in 2012 for the preparation of preliminary and final design documents for the construction of the Dubuque Street / 1-80 Pedestrian Bridge Project. It has become necessary to amend the original contract due to additional survey work required to identify the as -built condition of the Iowa DOT's interchange reconstruction project at Dubuque Street and 1-80. The negotiated additional fee is $3,500 for a revised total not to exceed amount of $238,500. Funding will be through General Obligation bond proceeds. ITEM 4d(6) OCTOBER DISBURSEMENTS - MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $13,466,826.73 FOR THE PERIOD OF OCTOBER 1 THROUGH OCTOBER 31, 2014, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE. ITEM 4d(7) WINTER EMERGENCY HOMELESS SHELTER - RESOLUTION AUTHORIZING FINANCIAL SUPPORT OF THE JOHNSON COUNTY / Lf Ll � LOCAL HOMELESS COORDINATING BOARD'S WINTER EMERGENCY TEMPORARY SHELTER PROJECT Comment: This resolution authorizes the City Manager to expend up to $20,000 on a winter emergency temporary shelter for homeless individuals. The request comes from the Johnson County Local Homeless Coordinating Board. Similar requests are being made to other local private and public entities. 0 vyi�J �4 December 16, 2014 City of Iowa City Page 4 ITEM 4d(8) AIRPORT LISTING AGREEMENT EXTENSION - RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE LISTING AGREEMENT WITH LEPIC-KROEGER REALTORS FOR THE NORTH �� y y AIRPORT SUBDIVISION TO EXTEND THE TERM FOR TWO MONTHS. Comment: The North Airport Development Subdivision, aka Aviation Commerce Park, includes commercial lots, which have been marketed for sale and lease to the general public. The current listing agreement with Lepic-Kroeger Realtors expires on Dec. 31, and this resolution approves an amendment to extend it for two months. The remaining lots are all subject to purchase agreements, but the closings will not occur until early 2015. The Airport Commission considered the amendment at its Dec. 15 meeting. ITEM 4d(9) TREE REMOVAL CITY MANAGER WAIVER - RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A WAIVER REGARDING THE REMOVAL OF A TREE ON A UNIVERCITY HOUSE BY TOTAL TREE CARE OF IOWA CITY, LC. Ll -- y , f- (,, ITEM 4e. ITEM 4e(1 Iq - y y 7 Comment: Staff has arranged for Total Tree Care of Iowa City, LC to remove a tree at 314 S. Lucas St., a house that the City rehabbed and sold as part of the UniverCity program. An arborist had determined the tree to be a hazard. The City had intended to remove the tree prior to selling the home, but staff had difficulties gaining needed access to the property located to the rear of 314 S. Lucas. The City closed on the sale with the understanding that the City would pay to remove the tree upon gaining the needed access. The property at 314 S. Lucas St. shares a driveway with 318 S. Lucas St., which the City owns and is currently rehabbing also as part of the UniverCity program. The company will need to use a crane which may damage the concrete on the shared driveway. The company requests that the City waive any damage to the driveway, and this resolution authorizes the City Manager to sign the waiver. Setting Public Hearings: LEASE PURCHASE HARRISON STREET PARKING FACILITY - RESOLUTION SETTING TIME AND DATE OF HEARING ON THE AUTHORIZATION OF A MUNICIPAL PARKING SYSTEM REVENUE LEASE PURCHASE AGREEMENT NOT TO EXCEED $16,000,000 FOR THE LEASE PURCHASE ACQUISITION OF THE HARRISON STREET PARKING FACILITY, FOR JANUARY 6, 2015. Comment: This item sets the time and date for a public hearing on the Lease -Purchase Agreement between the City and A&M Development for the construction of a 600+ space parking facility on Harrison Street between Clinton and Dubuque Streets, and the subsequent lease/purchase of the facility by the City. The lease will be assigned to a third -party financial institution upon completion of the parking ramp construction in 2016. Bids were due from financial institutions to provide the financing on December 9 and are currently being evaluated. December 16, 2014 City of Iowa City Page 5 ITEM 4f. ITEM 4f(1) ITEM 4f(2) ITEM 4f(3) ITEM 4f(4) ITEM 4f(5) ITEM 4f(6) ITEM 4f(7) ITEM 4f(8) Correspondence: Bob Elliott and Bob Roelf: Strong Economic Development Frank King: Corrupt Corridor Corbett Wants Needless 50% Gas Tax Increase Derek JohnK: Proposed development at former St. Patrick's site Tonia Franklin; Sally Scott; Jeremy Endsley; Gloria Wenman; Mary Milder; Mario Hayslett; Royceann Porter; Lucy Trankina; Diana Speer; Kafi Dixon; Samantha Nord; MacKenzie Bihl; Susan Shullaw; John Thomas; David Rust; Robbin; Nancy Hauserman; Joy Smith: Please support affordable housing in Riverfront Crossings Mary Kirkpatrick; Linda Quinn: Eliminate Plastic Bags Helena McCallister: 175th Anniversary Celebration [staff response ITEM 4f(9) ITEM 4f(10) included] Bryon Young: REVISIT THIS ISSUE — water fluoridation Benjamin Schmidt; Jennifer Scott and 330 signers; Marybeth Slonneger, Janice Frey : Dubuque Street Cottages [staff response included]_ Jerry Bokassa: Class Action Lawsuit Section 8 Housing Melyssa Jo Kelly: Police Accountability END OF CONSENT CALENDAR. Action: B� f1�� ITEM 5. COMMUNITY COMMEN (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item at the end of the meeting agenda., ITEM 6. 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 # 6a, 6b, 6c at formal meeting) ITEM 6a MOSS RIDGE CAMPUS REZONING — REZONING APPROXIMATELY 51.03 ACRES FROM INTERIM DEVELOPMENT — RESEARCH PARK (ID -RP), RESEARCH DEVELOPMENT PARK (RDP) AND PLANNED DEVELOPMENT OVERLAY- HIGHWAY COMMERCIAL (OPD-CH1) TO INTERIM DEVELOPMENT — RESEARCH PARK (ID -RP), RESEARCH DEVELOPMENT PARK (RDP) AND PLANNED DEVELOPMENT OVERLAY- HIGHWAY COMMERCIAL (OPD-CH1) LOCATED NORTH OF INTERSTATE 80 AND WEST OF HIGHWAY 1 AND A REVISION OF THE ASSOCIATED CONDITIONAL ZONING AGREEMENT. Comment: At its November 6 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of this rezoning. This rezoning represents a shift of existing zoning boundaries to coincide with the lot lines in a revised preliminary plat of Moss Ridge Campus, a 9 -lot, 4-outlot commercial subdivision and also includes a revision of the conditional zoning agreement to eliminate the requirement that all site plans have to be reviewed and approved by the Planning and Zoning Commission. All other provisions of the conditional zoning agreement for the office park development will remain the same. This item was continued and deferred at the December 2 Council meeting, and staff recommends first and second reading be given at this time. � r !hrr' CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org LATE HANDOUTS Information submitted between distribution of packet on Thursday and close of business on Monday. Consent Calendar (Correspondence) ITEM 4f(8) Dubuque Street Cottages: [City Attorney memo included] Theodore Pacha, Todd Kimm, Richard Carlson, Jennifer Scott (2), Charles Sheen, Nic Arp ITEM 9b Human Rights Commission — See additional correspondence December 16, 2014 ITEM 6b iq - 44©2 - City of Iowa City 1. PUBLIC HEARING 2 Action: Page 6 CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: REZONING HERBERT HOOVER'HIGHWAY – ORDINANCE � .--r•--7�0 CONDITIONALLY REZONING 39.6 ACRES OF PROPERTY FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID -RS) ZONE TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS -5) ZONE FOR 32.34 ACRES AND LOW DENSITY MULTI -FAMILY (RM -12) FOR 7.26 ACRES LOCATED AT 4701 HERBERT HOOVER HIGHWAY. (REZ14-00015) (PASS AND ADOPT) Comment: At its October 16 meeting, by a vote of 6-1 (Eastham voting no), the Planning and Zoning Commission recommended approval of this rezoning with conditions addressing the need to provide sanitary sewer and water service to the property, a pedestrian access route to the city sidewalk system and general adherence to the concept plan to assure that the RM -12 zone is designed to be in compliance with the Comprehensive Plan policies regarding compatibility with the adjacent residential neighborhood and appropriate development appearance for an entranceway to the city. Approval will allow development of a mixture of single-family detached and attached dwellings and multi -family dwellings. Action: ITEM 6c REZONING RIVERSIDE DRIVE AND BENTON STREET -- ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.5 ACRES OF PROPERTY FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — WEST RIVERFRONT (RFC -WR) ZONE C) LOCATED AT 708 SOUTH RIVERSIDE DRIVE. (REZ14-00018) (PASS AND ADOPT) Comment: At its October 16 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of this rezoning with conditions regarding dedication of right-of-way along South Riverside Drive for pedestrian improvements. Approval will allow redevelopment of the site in compliance with the Riverfront Crossings Master Plan. Action: Q December 16, 2014 ITEM 6d iq - q &n� City of Iowa City Page 7 VACATION OLD BENTON STREET R -O -W – ORDINANCE VACATING 4,665 SQUARE FEET OLD BENTON STREET RIGHT-OF-WAY (AUDITOR'S PARCEL 2014085) LOCATED ADJACENT TO 708 SOUTH RIVERSIDE DRIVE. (VAC14-00002) (PASS AND ADOPT) Comment: At its October 16 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of this vacation with conditions regarding a public access easement and rezoning of the adjacent property to the Riverfront Crossings—West Riverfront zone. Approval will allow the property to redevelop in compliance with the Riverfront Crossings Master Plan. Action: N OL/ ITEM 7. CONVEYANCE A PORTION OF OLD BENTON STREET - RESOLUTION AUTHORIZING THE CONVEYANCE OF AUDITOR'S PARCEL 2014085 TO PROFESSIONAL MUFFLER, INC AND JOHN C LINDER SUBTRUST. Comment: This proposed conveyance has been requested in conjunction with Noah Kemp's request for the City to vacate a portion of the Old Benton Street right-of-way to facilitate redevelopment of the Professional Muffler, Inc property at the corner of Benton and Riverside Drive. The resolution authorizes the City to convey the northern half of the right-of-way to the John C Linder Subtrust, and the southern half to Professional Muffler, Inc., subject to a public access easement to allow access to both of the adjacent properties, as well as the City -owned parcel along the Iowa River. a. PUBLIC HEARING Action: n A-xe �1 14.c b. CONSIDER A RESOLUTI Action: *XM Z� ITEM 8. FAIR HOUSING COMPLAINTS - ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," CHAPTER 4, ENTITLED "ENFORCEMENT," SECTION 2, ENTITLED "INVESTIGATION OF COMPLAINTS; PREDETERMINATION SETTLEMENT" TO AMEND TIME PERIODS CONCERNING HOUSING COMPLAINTS. (FIRST CONSIDERATION) Comment: The Iowa City Human Rights Commission has requested that time periods applicable to (1) serving notice of complaint and (2) providing answers to mandatory questionnaires and document requests be amended for the area of housing only. Chapter 5 of the Human Rights Ordinance, entitled "Fair Housing," requires that a determination on housing complaints must be made within 100 days of filing. This time restriction is not applicable to the other four areas the Ordinance addresses. The current time limits for service and response are in conflict with the 100 -day resolution requirement. The final minutes of the August 19, 2014 Human Rights Commission meeting are included in the Council agenda packet. Action: -71 December 16, 2014 City of Iowa City Page 8 ITEM 9. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. ITEM 9a Board of Adjustment — One vacancy to fill a five-year term, aA January 1, 2015 — January 1, 2020. (Term expires for Constance Goeb) Action: ITEM 9b Human Rights Commission — One vacancy to fill an unexpired term, effective upon appointment — January 1, 2016 (Andrea Cohen resigned). Action:����� ITEM 9c Parks and ecreation Commission — Two vacancies to fill four- year terms, January 1, 2015 — January 1, 2019. (Term expires for David Bourgeois and Lucie Laurian) Action: ITEM 9d Public Art Advisory Committee — Two vacancies to fill three-year terms, January 1, 2015 — January 1, 2018. (Term expires for Elizabeth Marilla Pusak and John Engelbrecht) Action: ITEM 9e Senior Center Commission — One vacancy to fill three-year term, January 1, 2015 — December 31, 2018. (Term expires for Mark Holbrook) Action: iPo P4"0 ITEM 10. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa Cland 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 Airport Zoning Brd of Adjustment — One vacancy to fill a five- year term January 1, 2014 — December 31, 2018(Formerly advertised; Full term) ITEM 10b Airport Zoning Brd of Adjustment — One vacancy to fill a five-year term January 1, 2012 - December 31, 2016. (Formerly advertised; Full term) December 16, 2014 City of Iowa City Page 9 ITEM 10c Appeals, Board of — One vacancy to fill a five-year term January 1, 2014 - December 31, 2018. (Formerly advertised; Full term) ITEM 10d Historic Preservation Commission — One vacancy for a Jefferson St. representative to fill three-year terms, March 29, 2013 — March 29, 2016. (New District formed) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, December 24, 2014. ITEM 10e Airport Commission — One vacancy to fill a four-year term March 1, 2015 — March 1, 2019. (Term expires for Minnetta Gardinier) ITEM 10f Historic Preservation Commission — One vacancy for the At Large representative to fill three-year term, March 29, 2015 — March 29, 2018 (Term expires for Frank Wagner) ITEM 10g Historic Preservation Commission — One vacancy for the Woodlawn District to fill three-year term, March 29, 2015 — March 29, 2018 (Term expires for Ginalie Swaim) ITEM 10h Historic Preservation Commission — One vacancy for the College Green District to fill three-year term, March 29, 2015 — March 29, 2018 (Term expires for Pam Michaud) ITEM 10i Historic Preservation Commission — One vacancy for the East College St. District to fill three-year term, March 29, 2015 — March 29, 2018 (Term expires for Esther Baker) ITEM 10j Telecommunications Commission — Two vacancies to fill a three- year term, March 13, 2015 — March 13, 2018 (Term expires for Matthew Butler and Laura Bergus) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, January 7, 2015. New: ITEM 10k Housing and Community Development Commission — One unexpired term effective upon appointment — September 1, 2016. (David A. Hacker resigned) See correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, January 28, 2015. ITEM 11. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 12. CITY COUNCIL INFORMATION. December 16, 2014 City of Iowa City Page 10 ITEM 13. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. ,d�i b) City Attorney. c) City Clerk. ITEM 14. ADJOURN (to work session if necessary).