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HomeMy WebLinkAbout0202Voting Results Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. Iowa City City Council Agenda Regular Formal February 2, 2016 - 7:00 p.m. City Hall – Harvat Hall 410 E. Washington Street www.icgov.org ITEM 1. CALL TO ORDER. ITEM 1a Roll Call ITEM 2. STUDENT LEADERSHIP AWARDS ITEM 2a Grant Wood Elementary  Ashley Bonilla  Kim Marquez ITEM 2b Weber Elementary  Nicholas McDonnell  Nathan Smithey 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) January 14 Work Session (Strategic Planning and Budget) ITEM 3a(2) January 19 Special Formal Official & Complete ITEM 3a(3) January 19 Work Session ITEM 3a(4) January 19 Regular 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) Airport Commission – November 19 ITEM 3b(2) Board of Adjustment – December 16 ITEM 3b(3) Community Police Review Board – December 16 ITEM 3b(4) Historic Preservation Commission – December 10 ITEM 3b(5) Human Rights Commission – December 15 ITEM 3b(6) Planning and Zoning Commission – December 3 ITEM 3b(7) Senior Center Commission – November 19 ITEM 3b(8) Telecommunications Commission – November 23 ITEM 3c. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal ITEM 3c(1) Class C Beer Permit for The Convenience Store, LLC., dba The Convenience Store, 106 S. Linn St. ITEM 3c(2) Class C Liquor License for Etre Givanni Restaurant LLC., dba Givanni’s, 109 E. College St. ITEM 3c(3) Class C Liquor License for Etre Plaza Towers Restaurant, dba Formosa, 221 E. College St. February 2, 2016 City of Iowa City Page 2 ITEM 3c(4) Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr. ITEM 3c(5) Class C Liquor License for Devotay, Inc., dba Devotay, 117 N. Linn St. ITEM 3c(6) Special Class C Liquor License for Oyama Sushi Chen’s, Inc., dba Oyama Sushi, 1853 Lower Muscatine Rd. ITEM 3c(7) Class C Liquor License for Brothers Of Iowa City, Inc., dba It’s Brothers Bar & Grill, 125 S. Dubuque St. ITEM 3c(8) Outdoor Service Area for Brothers of Iowa City, Inc., dba It’s Brothers Bar & Grill, 125 S. Dubuque St. ITEM 3c(9) Resolution to issue Dancing Permit to Brothers of Iowa City, Inc., dba It’s Brothers Bar & Grill, 125 S. Dubuque St. ITEM 3c(10) Class C Liquor License for Fujiyama Inc., dba Fujiyama Inc., 531 Highway 1 West Ownership Change ITEM 3c(11) Class C Liquor License for Red Bike Iowa City LLC, dba Ride, 630 Iowa Ave. Comment: This motion approves the three ownership changes made to the corporation since their renewal in accordance with State regulations. ITEM 3d. Resolutions and Motions: ITEM 3d(1) AMENDMENT TO SABIN TOWNHOMES AGREEMENT - RESOLUTION APPROVING AMENDMENT NO. 2 TO AN AGREEMENT FOR PRIVATE DEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND A&M DEVELOPMENT II, L.L.C. FOR THE SABIN TOWNHOMES Comment: The Developers of the Sabin Townhomes, A&M Development II, LLC, desire to make two changes to their development agreement. One has to do with the outdoor space associated with the lower level units along South Dubuque Street and Prentiss Street. The other has to do with the exterior siding material. The development agreement had cited specific details in early plans which the developer has refined to provide better indoor dining space on lower level units. Secondly, a sentence in the development agreement about exterior cladding has been changed to reflect the actual building materials the Developer will use. ITEM 3d(2) FIREFIGHTER TENTATIVE AGREEMENT - MOTION TO APPROVE A TENTATIVE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF LOCAL #610. Comment: This is a three-year agreement for Fiscal Years 2017, 2018, and 2019 which provides for the addition of a 10-year step (Step 7) to the Firefighter wage scale at the beginning of FY2017 in lieu of an overall across the board increase. Step 7 will create a 3.5% differential above Step 6 and the wage differential between the ranks of Firefighter, Lieutenant and Captain will be maintained. It also provides for an across the board wage increase of 2.4% at the beginning of FY2018 and an across the board wage increase of 2.6% at the beginning of FY2019. The agreement includes changes to health insurance mirroring negotiated changes with the Police bargaining unit in FY2017, FY2018, and FY2019 and modifications to contractual provisions regarding minimum call-in, calculation of overtime, and deferred compensation. February 2, 2016 City of Iowa City Page 3 ITEM 3d(3) MOSS RIDGE ROAD - RESOLUTION ACCEPTING THE WORK FOR THE MOSS RIDGE ROAD PROJECT. Comment: The project has been completed by Streb Construction Company Inc. of Iowa City, Iowa, in substantial accordance with the plans and specifications. The Engineer’s Report and Performance and Payment bonds are on file with the City Clerk.  Project Estimated Cost: $ 4,210,000.00  Project Bid Received: $ 3,440,330.92  Project Actual Cost: $ 3,548,470.36 ITEM 3d(4) WASTEWATER TREATMENT PLANT SLUDGE BIOSOLID DEWATERING EQUIPMENT REPLACEMENT – RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND STANLEY CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WASTEWATER TREATMENT PLANT SLUDGE BIOSOLID DEWATERING EQUIPMENT REPLACEMENT PROJECT. Comment: This agreement authorizes Stanley Consultants, Inc. to provide consulting services for a not-to-exceed fee of $169,675. The consultant will provide technical assistance, design, bidding and construction phase professional services for the Wastewater Treatment Plant Sludge Biosolid Dewatering Equipment Replacement Project. ITEM 3d(5) SANDHILL ESTATES, PART 4 – RESOLUTION APPROVING FINAL PLAT (SUB15-00030) Comment: A preliminary plat of Sandhill Estates - Part 4 was approved in August 2014. 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 February 2, City Council meeting. Approval will allow the development of Sandhill Estates – Part 4, a 24-lot, 7.74-acre single family residential subdivision located on Covered Wagon Drive north of Langenberg Avenue. ITEM 3d(6) DOUGLASS STREET AND DOUGLASS COURT WATER MAIN REPLACEMENT – RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE DOUGLASS STREET AND DOUGLASS COURT WATER MAIN REPLACEMENT PROJECT. Comment: The City of Iowa City must acquire right-of-way, fee title, permanent easements and/or temporary construction easement to construct the Douglass Street and Douglass Court Water Main Replacement Project. This project includes the replacement of aging water main with a history of breaks and the addition of sidewalks on Douglass Street and Douglass Court. The project will be funded with Water revenues and General Obligation bond proceeds. February 2, 2016 City of Iowa City Page 4 ITEM 3d(7) SILVER SLOPE SUBDIVIDER’S AGREEMENT - RESOLUTION AMENDING THE SUBDIVIDER’S AGREEMENT FOR SILVER SLOPE, PART TWO AND AUTHORIZING THE PARTIAL RELEASE OF LOT 20 THEREIN FROM SAID AGREEMENT. Comment: The owner of this development, located at the northwest corner of Scott Boulevard and Muscatine Ave, has requested that the City amend the subdivider’s agreement to accurately reflect the location of the mailbox cluster and to release Lot 20 from the obligations contained in the subdivider’s agreement to facilitate that lot’s sale and development. Public Works has confirmed that the public improvements are substantially complete, and thus supports the owner’s request, subject to the establishment of an escrow and execution of a partial release agreement to ensure that the remaining public improvements are completed. The owner has already provided the City with a letter of credit for such purpose, and has agreed to the terms of the partial release agreement. ITEM 3e Setting Public Hearings: ITEM 3e(1) REZONING SCOTT BOULEVARD AND LOWER WEST BRANCH ROAD – MOTION SETTING A PUBLIC HEARING FOR FEBRUARY 16 ON AN ORDINANCE REZONING 9.33 ACRES OF PROPERTY FROM LOW DENSITY SINGLE FAMILY (RS-5) ZONE AND MEDIUM DENSITY SINGLE FAMILY (RS-8) ZONE TO PLANNED DEVELOPMENT OVERLAY (OPD-8) ZONE AND A SENSITIVE AREAS DEVELOPMENT PLAN FOR PINE GROVE LOCATED SOUTH OF LOWER WEST BRANCH ROAD BETWEEN SCOTT BOULEVARD AND HUMMINGBIRD LANE. (REZ15-00023/SUB15-00031) Comment: At its January 21 meeting, by a vote of 6-0 (Freerks absent), the Planning and Zoning Commission recommended approval of this rezoning. Approval will allow development of Pine Grove, a 12-lot residential subdivision with 10 single family lots and 44 multi-family dwellings. The Sensitive Areas Development Plan provides for the protection of approximately 1 acre of woodlands and groves of trees. ITEM 3e(2) VACATION OF WATERFRONT DRIVE – MOTION SETTING A PUBLIC HEARING FOR FEBRUARY 16 ON AN ORDINANCE VACATING A PORTION OF WATERFRONT DRIVE LOCATED EAST OF SOUTH GILBERT STREET. Comment: At its January 21 meeting, by a vote of 6-0 (Freerks absent), the Planning and Zoning Commission recommended approval of an application submitted by Equity Ventures for the vacation of an approximately 13,454 square feet of Waterfront Drive running east-west between 1402 and 1411 Waterfront Drive / located in the southeast corner of Highway 6 and S. Gilbert Street, subject to a final plat being approved for the property including plans for access, and relocation of utilities. (VAC15-00007) ITEM 3f. Correspondence: ITEM 3f(1) Jason Gray: City Manager Position ITEM 3f(2) Martha Hampel: Recommendation for Reform to Signatory Requirements to Citizen Petitions ITEM 3f(3) Robert Schueler: Ultra Uber Driver February 2, 2016 City of Iowa City Page 5 ITEM 3f(4) Barbara Schlachter: Requested suggestions. ITEM 3f(5) Larry Baker, Board of Adjustment: Requiring landlords to notify tenants when residential property is located in the floodplain [Staff response included] ITEM 3f(6) Jessie Witherell: Proposed food for fines drive [Staff response included] ITEM 3f(7) Transportation Engineering Planner: Change of parking meter terms from 2 hours to 1 hour for spaces numbered H101E, H103E, H105E, and H107E on the south side of the 100 block of East Harrison Street, and spaces numbered CL506S, CL508S, CL510S, CL512S, CL514S, CL516S, CL518S, CL520S, CL522S, CL524S, and CL528S on the east side of the 500 block of South Clinton Street. Meter number CL504S on the 500 block of South Clinton Street will be removed. END OF CONSENT CALENDAR. Action: Approved, 6/0, Dickens absent __________________________ ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to ―City Council Information‖ item at the end of the meeting agenda. ________________________________________________________________ ITEM 5. PLANNING AND ZONING MATTERS. (In accordance with the City Attorney’s memo of 2/28/07 entitled ―Rezonings, Due Process and Ex parte communications‖. Council will discuss # 5b at formal meeting) ITEM 5a CENTRAL BUSINESS SUPPORT (CB-5) CODE AMENDMENT – ORDINANCE AMENDING TITLE 14, ZONING CODE, SECTION 4B-4A- 7, TO ALLOW RESIDENTIAL USES ON THE GROUND-LEVEL FLOOR IN THE CENTRAL BUSINESS SUPPORT (CB-5) ZONE IN THE AREA BOUNDED BY GILBERT STREET, VAN BUREN STREET, BURLINGTON STREET AND THE MID-BLOCK ALLEY SOUTH OF JEFFERSON STREET, PROVIDED CERTAIN FORM-BASED ZONING STANDARDS ARE MET. (PASS AND ADOPT) Comment: At its December 3 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of this zoning code amendment. Approval will allow market demand to determine where commercial space will be most successful by allowing urban residential building types as an alternative to strictly requiring commercial uses on the ground floor of mixed-use buildings in areas zoned CB-5 directly east of the Central Business District. Form-based zoning standards will ensure that buildings are appropriately scaled and designed to fit into an urban setting in an area that transitions to lower-scale residential neighborhoods in the Central Planning District further to the east. Action: Adopted, 6/0, Dickens absent ________________________ February 2, 2016 City of Iowa City Page 6 ITEM 5b REZONING CITY HALL PARKING AREA – ORDINANCE CONDITIONALLY REZONING APPROXIMATELY .98 ACRE LOCATED SOUTH OF IOWA AVENUE BETWEEN GILBERT STREET AND VAN BUREN STREETS FROM NEIGHBORHOOD PUBLIC (P-1) TO CENTRAL BUSINESS SUPPORT (CB-5) (REZ15-00022). (PASS AND ADOPT) Comment: At its December 3 meeting, by a vote of 6-1 (Eastham voting no), the Planning and Zoning Commission recommended approval of this rezoning subject to general conformance with massing and scale shown on the concept plan and the Unitarian Church Building located at 10 S. Gilbert Street being rezoned as an Iowa City Historic Landmark prior to issuance of a building permit for the property currently being rezoned. Approval will allow the development of the property as allowed in the CB- 5 zone and according to the Riverfront Crossings and Downtown Master Plan. Action: Adopted, 6/0, Dickens absent ______________________ ITEM 5c VACATING AIR RIGHTS OVER ALLEY – ORDINANCE VACATING AIR RIGHTS ABOVE PUBLIC RIGHT-OF-WAY IN NORTH-SOUTH ALLEY BETWEEN HARRISON AND PRENTISS STREETS. (VAC15-00005) (PASS AND ADOPT) Comment: At its November 5 meeting, by a vote of 5-0 (Freerks and Martin absent), the Planning and Zoning Commission recommended approval of the vacation request submitted by MidWestOne Bank. Approval will allow a skywalk between the new MidWestOne office building, located at the corner of Clinton and Harrison Streets, and the future municipal parking facility. Staff requested deferral at the January 19 Council meeting. Action: Adopted, 6/0, Dickens absent ______________________ ITEM 6. CONVEYING AIR RIGHTS ABOVE ALLEY TO MIDWEST ONE - CONVEYANCE OF A PORTION OF AIR RIGHTS ABOVE THE ALLEY BETWEEN LOTS 1 AND 8 OF BLOCK 8, COUNTY SEAT ADDITION TO MIDWEST ONE BANK. Comment: MidWest One has asked the City Council to vacate certain air rights over a portion of the north-south alley on this block connecting East Harrison Street and East Prentiss Street, in order to allow them to construct and maintain a skywalk. MidWest One has asked that the City convey those vacated air rights. State law requires that the City be paid fair market value for these property rights. Fair market value has been determined to be $800. a. PUBLIC HEARING Action: Closed _______________________________________ b. CONSIDER A RESOLUTION Action: Approved, 6/0, Dickens absent ___________________ February 2, 2016 City of Iowa City Page 7 ITEM 7. ANNUAL ACTION PLAN AMENDMENT # 3 - RESOLUTION ADOPTING IOWA CITY’S FY2016 ANNUAL ACTION PLAN AMENDMENT #3, WHICH IS A SUB- PART OF IOWA CITY’S 2016-2020 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Comment: The FY16 Plan Amendment #3 proposes adding one new CDBG (Community Development Block Grant) funded project titled, ―Neighborhood Recreation Improvements,‖ for $25,000 to enhance Highland Park located in a low- to moderate-income neighborhood, as well as reducing the amount of CDBG funding from $75,000 to $50,000 for the existing project titled, ―Streetscape Improvement, Tract 18.01 and 18.02.‖ The combination of these two changes does not affect the overall total of federal funds. This amendment was approved unanimously by the Housing and Community Development Commission (HCDC). a. PUBLIC COMMENT Action: Closed _______________________________________ b. CONSIDER A RESOLUTION Action: Adopted. 6/0, Dickens absent _____________________ ITEM 8. ICDD FUNDRAISING - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE IOWA CITY DOWNTOWN DISTRICT FOR FUNDRAISING EXPENSES ASSOCIATED WITH THE ART WORK PORTION OF THE NORTH PEDESTRIAN MALL IMPROVEMENT PROJECT AT A NOT TO EXCEED COST OF $50,000. Comment: In 2014 the City Council formally adopted the Iowa City Downtown and Pedestrian Mall Master Plan, which called for a significant public art piece to anchor the north end of the Pedestrian Mall. A concept of the art work was recently unveiled and the Iowa City Downtown District (ICDD) has volunteered to lead fundraising efforts. The resolution provides the City Manager the authority to execute an agreement with the ICDD for fundraising expenses at a not to exceed amount of $50,000. This item was deferred from the January 19 Council meeting and correspondence is included in Council packet. Correspondence included in Council packet. Action: Defeated, 3/3, Ayes: Throgmorton, Mims, Botchway. Nays: Cole, Taylor, Thomas. Absent: Dickens ________________________ February 2, 2016 City of Iowa City Page 8 ITEM 9. WASHINGTON STREET RECONSTRUCTION MARKETING EXPENSES - RESOLUTION DIRECTING THE CITY MANAGER TO CONTRIBUTE $17,750 TO THE IOWA CITY DOWNTOWN DISTRICT FOR MARKETING EXPENSES ASSOCIATED WITH THE WASHINGTON STREET RECONSTRUCTION PROJECT AND TO OFFER A SUBSIDIZED PARKING AND TRANSIT PROGRAM FOR BUSINESSES DURING THE PROJECT. Comment: At the January 19th City Council meeting staff was directed to provide recommendations related to four construction impact mitigation requests from the Iowa City Downtown District (ICDD). Staff is recommending that the City Council contribute $17,750 in marketing expenses and offer a program that allows businesses to purchase fifty percent subsidized parking ramp validations and transit rides during the project. Correspondence is included in Council packet. Action: Approved, 6/0. Dickens ________________________ ITEM 10. HOUSING CHOICE VOUCHER - ORDINANCE AMENDING THE DEFINITION OF PUBLIC ASSISTANCE SOURCE OF INCOME TO INCLUDE HOUSING CHOICE VOUCHER SUBSIDIES AND SIMILAR RENT SUBSIDY PROGRAMS AND TO CLARIFY THE DEFINITION OF “HOUSING TRANSACTION.” (FIRST CONSIDERATION) Comment: This resolution would amend the definition of Public Assistance Source of Income in the Human Rights Ordinance to include the Housing Choice Voucher subsidy and other rental subsidies and clarify the definition of housing transaction by deleting the term housing accommodation. Correspondence included in Council packet. Action: First consideration, 6/0, Dickens absent _____________ (Cole and Throgmorton left meeting due to conflict on the next item; Mayor Pro tem Botchway presiding) ITEM 11. SETTLEMENT - RESOLUTION APPROVING SETTLEMENT OF PENDING LITIGATION. Comment: Depending on discussion during executive session, the Council may pass a Resolution Authorizing Settlement in connection with pending litigation. Action: Approved, 4/0, Dickens absent. Cole and Throgmorton abstaining __ (Cole and Throgmorton returned to meeting; Mayor Throgmorton presiding) ITEM 12. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Approved, 6/0, Dickens absent ITEM 12a Airport Commission – One vacancy to fill a six-year term March 1, 2016 – March 1, 2020. (Term expires for Jose Assouline). Action: re-advertise __________________________________ February 2, 2016 City of Iowa City Page 9 ITEM 12b Board of Adjustment – One vacancy to fill a five-year term, January 1, 2016 – January 1, 2021. (Term expired for Brock Grenis) Action: appoint Tim Weitzel, 523 Grant Street ___________ ITEM 12c Historic Preservation Commission – One vacancy for a Brown St. representative to fill a three-year term, March 29, 2016 – March 29, 2019. (Term expires for Kent Ackerson) Action: appoint Sharon DeGrow, 519 Brown Street _______ ITEM 12d Historic Preservation Commission – One vacancy for an At Large representative to fill a three-year term, March 29, 2016 – March 29, 2019. (Term expires for Kate Corcoran) Action: appoint Zachariah Builta, 415 Woodside Drive _____ ITEM 12e Historic Preservation Commission – One vacancy for a Summit St. representative to fill a three-year term, March 29, 2016 – March 29, 2019. (Term expires for Frank Dunham) Action: re-advertise __________________________________ ITEM 12f Telecommunications Commission – One vacancy, to fill three- year term, March 13, 2016 – March 13, 2019. (Term expires for Bram Elias) Action: re-advertise __________________________________ ITEM 12g Parks and Recreation Commission – One vacancy to fill unexpired year term, effective upon appointment – January 1, 2019. (David Bourgeois resigned). Action: appoint Wayne Fett, 811 Spencer Drive _____________ ITEM 13. 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 13a Airport Zoning Brd of Adjustment – One vacancy to fill a five-year term January 1, 2016 - December 31, 2020. (Term expires for Keith Ruff). ITEM 13b Airport Zoning Brd. of Adjustment – One vacancy to fill a five- year term January 1, 2014 – December 31, 2018. (Formerly advertised) February 2, 2016 City of Iowa City Page 10 ITEM 13c Appeals, Board of – One vacancy to fill an unexpired five-year term January 1, 2014 - December 31, 2018. For a HVAC or building design professional or qualified by experience and training. (Unexpired term) ITEM 13d Civil Service Commission — One vacancy to fill a four -year term, April 2, 2016 - April 4, 2020 (Term expires for Paul Hoffey) ITEM 13e Historic Preservation Commission – One vacancy for a Jefferson St. representative to fill three-year terms, March 29, 2013 – March 29, 2016. (New District formed) ITEM 13f Planning and Zoning Commission – Two vacancies to fill five-year term, May 1, 2016 – May 1, 2021. (Term expires for Carolyn Stewart Dyer and Charles Eastham) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, March 9, 2016. ITEM 14. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ________________________________________________________________ ITEM 15. CITY COUNCIL INFORMATION. ________________________________________________________________ ITEM 16. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. b) City Attorney. c) City Clerk. ITEM 17. ADJOURN (to work session 9:45 PM).