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HomeMy WebLinkAbout2019-02-05 Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5041 If you will need disability-related accommodations in order to participate in this program/event, please contact Kellie Fruehling at 319-356-5041, kellie-fruehlinq©.iowa- city.orq. Early requests are strongly encouraged to allow sufficient time to meet your access needs. FY-GC 1-kQL e l Iowa City �v Lcs�C — �f �recoe N'ttrn be City City Council Agenda s� r Regular Formal ~ D' I kes February 5,2019-7:00 PM ' ruA ( City Hall - Harvat Hall CITwwwY O�cgov.IOWA orgCITY r- . 1 410 E.Washington Street 5I-7 Z!'vo c MAW.•••V.Org 1. Call to Order S OA cr}i o Y, nnove =-{ern l r C.cd-e r (- 04- 2. Proclamations Sa.Q1 h )Cole) 2.a. Black History Month_Tonal-lion ryl t.a►�oZ- C�10 IM;rvls a l e�t- c m Beginning of ConsentCalendar(Items 3-8) Consider adoption of the Consent Calendar as presented or amended 3. Approval of Council Actions (subject to corrections, as recommended by the City Clerk) 3.a. January 16, Budget Work Session (CIP) 3.b. January 22, Work Session 3.c. January, 22, Special formal Summary of Minutes 4. Receive and File Minutes of Boards and Commissions 4.a. Human Rights Commission: November 20 4.b. Human Rights Commission:January 8 4.c. Library Board of Trustees: October 30 4.d. Library Board of Trustees: October 30(#2) 4.e. Library Board of Trustees: November 15 4.f. Library Board of Trustees: December 20 4.g. Public Art Advisory Committee: December 6 4.h. Senior Center Commission: November 15 February 5, 2019 Iowa City City Council Agenda Page 1 5. Permit Motions and Resolutions (as recommended by the City Clerk) 5.a. Liquor License- Renewals 1. Class C Liquor License for Jobsite IC LLC, dba Jobsite, 928 Maiden Ln. 2. Outdoor Service Area for Jobsite IC LLC, dba Jobsite, 928 Maiden Ln 3. Class C Liquor License for El Ranchero Inc., dba El Ranchero Inc, 21 Sturgis Corner Dr. 4. Special Class C Liquor License for Oyama Sushi Chen's, Inc., dba Oyama Sushi, 1853 Lower Muscatine Rd. 6. Resolutions and Motions 6.a. December 2018 Disbursements Motion to approve disbursements in the amount of$11,235,896.35 for the period of December 1 through December 31, 2018, 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. 6.b. Iowa City Association of Professional Firefighters 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 5 year agreement for fiscal years 2020-2024 which establishes wage and health insurance settlements for fiscal years 2020-2022 and a re-opener for wages and insurance only for fiscal years 2023-2024. The tentative agreement also provides for a reduction in the number of consecutive hours worked at a higher rank before additional compensation is paid, extends the City's Family and Parental Leave Policy to Fire bargaining unit members, and contains other minor language modifications. 6.c. Dedication of Sanitary Sewer Easement lc( - Resolution accepting the dedication of Sanitary Sewer Easement over and across portions of Auditor's Parcels 2011054 and 2011055 Iowa City, Iowa. Comment This public sanitary sewer easement is necessary to facilitate construction of The Grove development west of Camp Cardinal Boulevard,which was recently rezoned. February 5, 2019 Iowa City City Council Agenda Page 2 6.d. Idyltwild Stormwater Drainage Diversion ' 1 _ Resolution authorizing the acquisition of property interests necessary for construction of the Idyllwild Stormwater Drainage Diversion Project. Comment The City of Iowa City must acquire right-of way, fee title, permanent easements and/or temporary construction easements to construct the Idyllwild Stormwater Drainage Diversion Project. The project includes the construction of new storm sewer under Foster Road and a stormwater bypass along the west side of No Name Road to the lowa River.The project will also evaluate pumping requirements for the Idyilwild Subdivision. 6.e. Extension and Renewal of the Contract for Tire Repair and ` 1 Replacement Services Resolution Authorizing the Extension and Renewal of the Contract for Tire Repair and Replacement Services for the City's Equipment Division Comment On December 30, 2016 the Purchasing Division issued a Request for Proposal for Tire Repair and Replacement Services.The contract was awarded to Under Tire Service, Inc.The initial term of the contrail was for one year,with the option to renew for four additional one-year periods.This resolution,as required by the current purchasing policy, authorizes the contract vaule to exceed $150,000 and authorizes the City to extend the contrail for an additional year and authorizes the City Manager to effectuate future contract renewals. 6.f. Budgeted positions - Finance Administration and Risk I - Management Divisions Resolution amending the budgeted positions in the Finance Administration and Risk Management divisions of the Finance Department and amending the Administrative and Confidential Pay Plan accordingly Comment In the Finance Administration and Risk Management divisions of the Finance Department,the 1.00 FTE Administrative Secretary position,grade 24, is requested to be redassified as a 1.00 FTE Risk & Finance Assistant position, grade 25. The Risk & Finance Assistant position is a new position that we are also requesting to add to the Administrative and Confidential pay plan. February 5, 2019 Iowa City City Council Agenda Page 3 6.g. Accepting tobacco penalty, Hy-Vee Gas#1 - 3 I Resolution accepting imposition of civil penalty and waiver of right to hearing from Hy-Vcc Gas#1. Comment This Resolution accepts a waiver of right to hearing and payment of a$300 civil penalty by Hy-Vee Gas #1. The civil penalty is required by Iowa Code Section 453A.22(2)due to an employee selling or providing tobacco to a minor. 6.h. Kirkwood Tobacco & Liquor Tobacco Penalty 19 -3'2_ Resolution accepting payment of$1,500.00 civil penalty and waiver of right to hearing from Kirkwood Tobacco & Liquor. Comment This Resolution accepts a waiver of right to hearing and payment of a $1500 dvil penalty by Almost Paradise. The civil penalty is required by Iowa Code Section 453A.22(2) due to the second instance of an employee selling or providing tobacco to a minor within a two-year period. 6.i. Hawkeye Convenience Tobacco Penalty q -33 Resolution accepting use of Section 453A.22(3)affirmative defense to tobacco civil penalty by Hawkeye Convenience. Comment This Resolution accepts the use of an affirmative defense to tobacco civil penalty,described in Iowa Code section 453A.22(3)Petroleum Services Co. L.L.C.,dba Hawkeye Convenience, 2875 Commerce Drive, Iowa City. Without the affirmative defense, Section 453A.22(2) would provide that, after a hearing, a civil penalty be assessed because an employee of Petroleum Services Co. L.L.C., dba Hawkeye Convenience violated Section 453.2(1)by selling or providing tobacco to a minor. 7. Setting Public Hearings 7.a. Rezoning 2130 Muscatine Avenue Motion setting a public hearing for February 19 on an ordinance approving a rezoning for 0.155 acres of property located at 2130 Muscatine Avenue from Community Commercial (CC-2) zone to High Density Single Family Residential (RS-12) zone. (REZ18- 00025) Comment At its January 17th meeting, the motion to recommend approval of the rezoning failed by a vote of 3-3 (Martin, Signs, and Baker dissenting; Dyer absent). The applicant chose to move forward with the rezoning process. February 5, 2019 Iowa City City Council Agenda Page 4 7.b. Gilbert Street Intersection Improvements Ici ~34 Resolution setting a public hearing on February 19, 2019 on the project manual and estimate of cost for the construction of the Gilbert Street Intersection Improvements Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Comment The project generally includes traffic signal and pedestrian curb ramp replacement at the College and Washington Street Intersections, roadway and pedestrian level lighting improvements and water main replacement along Gilbert Street between College Street and Washington Street. The estimated project cost is $960,000 and will be funded by General Obligation bonds. 7.c. Willow Creek Park Improvements I q -35 Resolution setting a public hearing on February 19, 2019 on plans, specifications, form of contract, and estimate of cost for the construction of the Willow Creek Park Improvements Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Comment This project includes the replacement of the restrooms, shelter, and play area at Willow Creek Park The estimated project cost is $685,000 and will be funded by account#R4322—Willow Creek/Kiwanis Park Improvements. 8. Correspondence 8.a. Mary Gravitt: New Years Eve in the Ped Mall 8.b. Jeffrey Ford: ADA and The Mansion 8.c. Carol deProsse: Composting [Staff response included] 8.d. Dave Moore: Ped Mall Food Carts [Staff response included] 8.e. Paul Etre: LIVE LIKE LINE Bench 8.f. Iowa City Downtown District: Letter of Support End of Consent Calendar Sc›-Q h Co(e , C /(7 ) YVt,rvi n_losef I 9. Community Comment(items not on the agenda) Community Comment will be continued, if necessary, prior to "City Council Information" item at the end of the meeting agenda. Kin C i i P. Ct ( e x-1-2 r I i s cuss. (sez )(I) February 5, 2019 Iowa City City Council Agenda Page 5 10. Planning and Zoning Matters. If a majority of the Council is inclined not to concur with the Planning and Zoning Commission recommendation a consult with the Planning and Zoning Commission should be should be offered before the dose of the public hearing. 10.a. Rezoning East of S. Gilbert&West of Sandusky Drive Ordinance conditionally rezoning approximately 18.03 acres of property located east of South Gilbert Street and west of Sandusky Drive, from Interim Development Multifamily Residential (ID-RM) zone to Planned Development Overiay/Low Density Single Family Residential (OPD/RS-5) zone, Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone, and Planned Development Overlay/Neighborhood Public (OPD/P-1) zone. \r ° (REZ18-00024) Comment At its January 3 meeting by a vote of 6-0 (Martin absent) the Planning and Zoning Commission recommended approval of this rezoning subject to a conditional zoning agreement requiring conformance with the OPD plan and elevations, indusion of open space details on Lot 2 at final platting, approval by the City Forester of the tree replacement plan, location of roof drains and gutters, construction of a five foot sidewalk abng S. Gilbert Street, installation of curb ramps for a pedestrian crossing,and dedication of a landscape easement on Lot 1. Approval will allow the development of 57 multi-unit dwellings,2 two-unit dwellings,and 15 single-unit dwellings. 1. Public hearing 2. Consider an Ordinance(First Consideration) Action_ Cote, I 1 1u yblaS YNAS cuto 'Mull or- . ► Zep{- C©rres..povmc(e r>Ge — T�omas SS); h (do O , ()Tim s cLbce�f February 5, 2019 Iowa City City Council Agenda Page 6 10.b. Rezoning at the northwest corner of Moss Ridge Road and Highway 1 Ordinance conditionally rezoning approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1, from Interim Development-Research Park (ID-RP) to Highway Commercial (CH-1). (REZ18-00022) Comment At its January 3 meeting by a vote of 6-0 (Martin absent) the Planning and Zoning Commission recommended approval of this rezoning subject to a conditional Q.� zoning agreement requiring closure and removal of the access road off of Highway 1, approval of a final plat prior to the issuance of building permits, conformance with the concept plan only in that a principal building occupy the corner of Moss Ridge Road and Highway 1, and installation of a 10-foot wide sidewalk along Highway 1 and pedestrian ramps across Moss Ridge Road. 1. Public hearing Acton: C,( [>S C C11 2. Consider an Ordinance(First Consideration) Ac)onk ` 11,70 vt _ ) Si ) , �.o le vl O , n1;►'1s 10.c. Rezoning at 416 Reno Street 19— 2- 1-7S — Ordinance rezoning property located at 416 Reno Street from Medium Density Single-Family Residential Zone (RS-8) to RS-8 with a Historic District Overlay ((RS-8/OHD). (REZ18-00021 ) (Second Consideration) Comment At its December 20, 2018 meeting, by a vote of 6-0 (Townsend absent), the Planning and Zoning Commission recommended approval of this rezoning.Approval will result in the property being designated as an Iowa City Local Historic Landmark.Staff requests expedited a n. w cL C'or•i ci e - it lcY, G/01 6/"1(\i‘ Action:47 A(ITT oto\vc ckS I C F t , co lo ►1n ivvtC bse of i l�rr��rwc�}an February 5, 2019 Iowa City City Council Agenda Page 7 10.d. Rezoning at 1818 N. Dubuque Street 1 -y17 Ordinance rezoning property located at 1818 N. Dubuque Street from Low Density Single-Family Residential Zone (RS-5) to RS-5 with a Historic District Overlay (RS-5/OHD). (REZ18-00023) (Second Consideration) Comment At its December 20, 2018 meeting, by a vote of 6-0 (Townsend absent), the Planning and Zoning Commission recommended approval of this rezoning.Approval will result in the property being designated as an Iowa City Local Historic Landmark.Staff requests evedtted.action. c°ie- 2J Ct ecl e rci l 6L 1 —T1-,orv&as I oa-(' h � c,/ottYlims CJ c€&f Ac on:O -A-f► — •u g i nit . _ - Sa.S2;1, 10.e. Zoning code amendment related to minor amendments to address inconsistencies Ordinance amending Title 14, Zoning Code of the Iowa City Code related to clarification on code language in multiple sections. (ZCA18-00004)(Second Consideration) � Comment At its December 20, 2018 meeting, by a vote of 6-0 (Townsend absent), the e Planning and Zoning Commission recommended approval of this amendment related to design review of sidewalk cafes,minor modification for general educational facilities,alcohol sales in intensive commercial zones, payment of in-lieu fees for parking reductions, parking drive widths,and definitions for bed and breakfasts. p- Acton: Sa-Q h /TY ) S J l /�l�.01P_ n 0 , i►kS a JS2v4-{` February 5, 2019 Iowa City City Council Agenda Page 8 Regular Formal Agenda -3� 11. Highway 1 Trail -Sunset Street to Mormon Trek Boulevard Resolution approving project manual and estimate of cost for the construction of the Highway 1 Trail —Sunset Strcct to Mormon Trek Boulevard Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. / Comment:This project includes the installation of a 10'wide PCC trail between Sunset -e)-" Street and Mormon Trek Boulevard. The estimated project cost is$840,000 and will be funded by account#R4225—Highway 1 Sidewalk/Trail. 1. Public hearing Arlon: C(o ed 2. Consider a Resolution Action: 11/Tinorvkas } Co /0 , Yl/l i s a bS2 �.w�lor 3g 12. West Riverbank Stabilization Resolution approving project manual and estimate of cost for the construction of the West Riverbank Stabilization Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. n Q� Comment This project will involve constructing a retaining wall that will stabilize the river bank and accommodate a future recreational trail. The estimated cost for the project is e\A. $1,300,000. Funds are available in the West Riverbank Stabilization and Trail fund #P3981. 1, Public hearing Aeon: (,lc cel 2. Consider a Resolution -Tea February 5. 2019 Iowa City City Council Agenda Page 9 13. 2018 Building Code Update 19-411-1 Ordinance amending Trtie 17, Chapter 1, Building Code, by adopting the International Building Code, 2018 edition, induding Appendix K, and the International Residential Code, 2018 edition, induding Appendix F and Appendix J, and providing for certain amendments thereof; adopting section 103.6(1)(a)of the Code of Iowa (the state electrical code)and section 105.4(1 Xa)of the Code of Iowa (the state plumbing and mechanical codes); to provide for the protection of the hcalth, welfare ,Kok-/ and safety of the residents of Iowa City, Iowa. (Second Consideration) Comment The City regulates the construction, alteration, relocation, enlargement, replacement, repair, equipment use and occupancy of residential and commercial structures through the adoption of building codes.This is accomplished, in part,through the adoption of the International Code Council's model I-Codes which are published on a three-year cycle. The proposed ordinance includes the most recent edition of the model codes along with local amendments.The Board of Appeals, at their public meeting on December 20, 2018, voted to recommend approval of the ordinance as proposed. The adoption of the proposed code is supported by the Greater Iowa City Area Homebuilders'Association(HBA).Staff requests expedited actio. wcliire "7--"1Cor�s,ciercci-(6)-1 — I l,/o✓V J t. /Or, t o, MrYI cit e Action: OYATT — •a 0 .� . a 1111 V a - 1 roo,oft 14. 2018 Fire Code Update 9 - 4-1- Ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, by adopting the 2018 edition of the International Fire Code to regulate and govern the safeguarding of life and property from fire, explosion, life safety risks, or health hazards. (Second Consideration) Comment Staff is recommending adoption of the 2018 edition of International Fire Code (IFC) along with local amendments.The Board of Appeals voted to recommend adoption at its Dec. 20 meeting.The notable changes are set forth in the attached memo from the Fire Marshal. Staff requests expedited action. Lir I,ock.Ne 2J' co ns,dec-00irn-i -- -t-,omasl ( lor (010,rill MS ct Action: 0A(STT -rhory-)as/ & Q;h (o�n � M is cz/_e,L@- • sem, h February 5, 2019 Iowa City City Council Agenda Page 10 15. Community Police Review Board Amendments Ordinance amending Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", to provide for changes in procedure and enhance opportunities for conversation when the conclusions of the police chief and the Board differ. (First Consideration) Comment By memo to the Council dated July 23, 2018 the Community Police Review Board (CPRB) recommended that changes be made to the ordinance. Staff provided input by memo to the City Council dated November 29, 2018. At its work session on December 18, 2018 Council e4- discussed the proposals and directed staff to prepare an ordinance making changes to procedure and enhancing the opportunities for conversation when the conclusions of the police chief and CPRB differ. LL Action: 1 hor as J Sc Q j-) � (.40‘ rn i YWSc�- 16. Moss Ridge TIF Ordinance Ordinance providing that general property taxes levied and collected each year on certain property located within the Moss Ridge Urban Renewal Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, 6ef2, rebates, grants, monies advanced to and indebtedness, induding bonds issued or to be issued, incurred by said city in connection with the Moss -e Ridge Urban Renewal Plan. (First Consideration) Comment The Moss Ridge Urban Renewal Plan was approved by Council April 27, 2010 and is the prerequisite for the area to be designated a Tax Increment Financing(TIF)district The second step to implementing a TIF district within an Urban Renewal Area(URA)is to adopt a TIF ordinance. The TIF ordinance enables the division of property taxes to help meet the objectives of the urban renewal plan. Acton: --rind rvtaS /CL , Le 10 ) YV _► S Ct (o 2 17. Fire Department Automatic Aid Agreements - Resolution authorizing the City Manager to sign and manage separate Automatic Aid Agreements with the cities of Coralville and North Liberty to render mutual aid in building fire calls. Comment This resolution approves separate Automatic Aid Agreements with the cities of Coralville and North Liberty. The Agreements provide for an automatic and simultaneous page g-le/,,ra.-- within the computer aided dispatch system to both relevant fire departments in the event of a e7L building fire in areas to which neighboring departments can quickly respond. Action: nriorvtas / 0_0 L& } Co (n r ''Y i rnS az e ed- February -February 5, 2019 Iowa City City Council Agenda Page 11 18. Assessing civil penalty, Kum & Go#422 Cl_ 40 Resolution assessing $300.00 civil penalty against Kum &Go#422 Comment: Iowa Code section 453A22(2) provides that, after a hearing, a civil penalty shall be assessed when an empbyee of a retailer violates Iowa Code Section 453A2(1) by selling or providing tobacco to a minor. This hearing is the time designated for the Coundl to consider L, ,, r whether to assess such a civil penalty against Kum &Go L.C., dba Kum &Go#422 Iowa City. � " For a first violation within a two-year period the permittee pays a civil penalty of$300.00. 1. Hearing Acton: j--te,ar r"-a 12.L4. J 2. Consider a Resolution Action .S oS i h / 6et41A,e, )_ (0 to , i i ms JJ -3(p 19. University of Iowa Labor Center Support Resolution Recognizing and Supporting the Vital Role of the University of Iowa's Labor Center -- be - oc -f . c 0 e ►‘-- c,.cz F e �.r Comment This item was submitted as a proposed resolution in the January 17, 2019 City Council Information packet(IP6) by Council member Salih and discussed at the January 22, 2019 City �� Council work session.The resolution was subsequently revised by Council member Cole and the Mayor. Action: SOLO; 11 / (1q 1 Q �� [c ' (r rn S soP�h I Q4 t 20. Civil Litigation Resolution ratifying the settlement of impending litigation Comment This Resolution will confirm and ratify a proposed settlement of litigation which is scheduled for discussion during the executive session scheduled for Tuesday,February 5,2019. Action: / 1 P > > (p ' c. Nk. ( rvls .bye r` 21. City Council Cpirrit Appointments Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated o 21 .a. Civil Service Commission - One vacancy to fill an unexpired term, " DL- Upon appointment-April 4, 2022. (Emily Bushman removed) Action: OrelOn i e p1g.iA i C 14f)t -ear Jci-Q;)-, I Co(e , (,o IO (\i i ()As c (� February 5, 2019 Iowa City City Council Agenda Page 12 22.Announcement of Vacancies- New Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after the initial announcement; but will continue to advertise vacancies on the City website and Council agenda. More information may be found on the City website or in the City Clerk's office. Telecommunications Commission - One vacancy to fill an unexpired term. Upon appointment - June 30, 2021. (Kyla Paterson resigned) Correspondence included in Council packet. Applications must be received by 5:00 P.M., Tuesday, March 5, 2019. 23. Announcement of Vacancies- Previous Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after the initial announcement; but will continue to advertise vacancies on the City website and Council agenda. More information may be found on the City website or in the City Clerk's office. Housing & Community Development Commission - One vacancy to fill an unexpired plus three-year term. Upon appointment - June 30, 2022. (Bob Lamkins resigned, term expires) Applications must be received by 5:00 P.M., Tuesday, March 5, 2019. Board of Adjustment - One vacancy to fill an unexpired term, Upon appointment - December 31 , 2020. (Tim Weitzel resigned) Applications must be received by 5:00 P.M., Tuesday, February 12, 2019. Airport Zoning Board of Adjustment - One vacancy to fill a five-year term, January 1, 2016 - December 31, 2020. (Formerly advertised) Airport Zoning Board of Adjustment - One vacancy to fill a five-year term, January 1, 2019 - December 31, 2023. (New full term) Historic Preservation Commission (E. College St) - One vacancy to fill a three-year term, July 1, 2018 - June 30, 2021. (Term expired for Esther Baker) Historic Preservation Commission (Jefferson St) - One vacancy to fill a three-year term, July 1, 2016 - June 30, 2019. (New District formed) Vacancies will remain open until filled. February 5, 2019 Iowa City City Council Agenda Page 13 24. Community Comment — Sae. e c 25. City Council Information — Sec eeslrc� 26. Report on Items from City Staff a City Manager — Sac e (nom b. City Attorney c. City Clerk 27. Adjourn co lit)01nActS) (p to) nil. initg citsre Q•.2Oprv-\ February 5, 2019 Iowa City City Council Agenda Page 14