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HomeMy WebLinkAbout2013-04-23 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 23, 2013 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Bentley, Dilkes, Karr, Davidson, O'Brien, Robinson, Moran, Rocca, Morris, Fosse, Bockenstedt, Jensen. The Mayor presented Student Citizenship Awards to Weber Elementary students: Jason Breitbach and Madeleine Roberts - Ganim. Matt Krieger, Neumann Monson Architects and U.S. Green Building Council, recognized and presented LEED certificates to two City projects: East Side Recycling Center — Platinum (team members Jen Jordan, Mark Seabold, Keith Streuer, and Adam Han accepting) Fire Station Number 4 — Gold (team members Andy Rocca, Roger Jensen, Steve Rohrbach and William Downing, Justin Opperman and Mark Seabold accepting). The Mayor proclaimed May 13, 2013 as Andrew J. Rocca Day acknowledging the retirement of Fire Chief Rocca, and thanked him for his years of public service. The Mayor proclaimed: Sexual Assault Awareness Month — April, Human Rights Commissioner Coulter accepting; Arbor Day — April 26, Parks & Forestry Supt. Robinson accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Payne, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: April 9 Council Work Session; April 9 Council Special Formal Official & Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Airport Commission — February 21; Board of Adjustment — March 13; Historic Preservation Commission — March 14; Human Rights Commission — March 19; Parks & Recreation Commission — February 13; Planning & Zoning Commission (formal) — March 21; Police Citizens Review Board — March 6; Police Citizens Review Board — April 2; Senior Center Commission — February 28. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal): Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss St.; Class A Liquor License for Iowa City Lodge #1096 Loyal Order of Moose dba Loyal Order of Moose Lodge #1096, 3151 Highway 6 E.; Class C Liquor License for First Avenue Productions, Inc., dba First Avenue Club, 1550 S. First Ave.; Class C Beer Permit for ND Express, Inc., dba North Dodge Sinclair, 2153 ACT Circle; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #1, 1310 S. Gilbert St.; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #4, 2303 Muscatine Ave.; Outdoor Service Area for Morrowco, LLC, dba Pita Pit, 113 Iowa Ave.; Outdoor Service Area for I.C.B.B, Ltd, dba Brown Bottle, 115 E. Washington St.; Outdoor Service Area for Linn Street Cafe, Inc., dba Linn Street Cafe, 121 N. Linn St.; Outdoor Service Area for Givanni's of Iowa City, Inc., dba Givanni's, 109 E. Complete Description April 23, 2013 Page 2 College St.; Outdoor Service Area for Saloon of Iowa City, L.C., dba Saloon, 112 E. College St.; Outdoor Service Area for Chackalackal, Inc., dba One Twenty Six, 126 E. Washington St.; Outdoor Service Area for Starbucks Corporation, dba Starbucks Coffee #2855 -IA, 228 S. Clinton St.; RES. 13 -123, TO ISSUE DANCE PERMIT to Iowa City Lodge #1096 Loyal Order of Moose dba Loyal Order of Moose Lodge #1096, 3151 Highway 6 E. and First Avenue Productions, Inc., dba First Avenue Club, 1550 S. First Ave. Resolutions and Motions: RES. 13 -124, AWARDING CONTRACT AND AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR REPLACEMENT OF TRANSIT FARE COLLECTION SYSTEM FOR THE TRANSPORTATION SERVICES DEPARTMENT; Approve disbursements in the amount of $13,482,207.70 for the period of March 1 through March 31, 2013, as recommended by the Finance Director subject to audit; RES. 13 -125, AUTHORIZING THE REDEMPTION OF OUTSTANDING TAXABLE GENERAL OBLIGATION BONDS OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED MARCH 1, 2004, AND DIRECTING NOTICE BE GIVEN; RES. 13 -126, AWARDING CONTRACT to Selzer Werderitsch for $ 152,900.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CITY PARK SHELTER SIX REPLACEMENT PROJECT; RES. 13 -127, ACCEPTING THE WORK FOR THE LANDFILL GROUNDWATER UNDERDRAIN LIFT STATION PROJECT; RES. 13- 128, 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 RDG IA INC D /B /A RDG PLANNING AND DESIGN OF DES MOINES, IOWA TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE 2013 WILLIAM STREET STREETSCAPE PROJECT; RES. 13 -129, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEST BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 3333 LOWER WEST BRANCH ROAD, IOWA CITY, IOWA; Approving the appointment of Alec Bramel as the City Council Liaison from the University of Iowa Student Government (UISG) to the City Council until May 1, 2014; RES. 13 -130, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONSULTANT AGREEMENT WITH GENUS LANDSCAPE ARCHITECTS (DES MOINES, IA) FOR THE DOWNTOWN STREETSCAPE PLANNING PROJECT; RES. 13 -131, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN INTERIM LEASE AGREEMENT AND A NEW LEASE AGREEMENT TO THE WEDGE DOWNTOWN, INC., D /B /A THE WEDGE DOWNTOWN, FOR SPACE AT 136 S. DUBUQUE STREET; RES. 13 -132, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EASEMENT AGREEMENT FOR 426 CHURCH STREET. Setting Public Hearings: Setting a public hearing for May 14, 2013 regarding Iowa City's FY14 Annual Action Plan, that is a sub -part of Iowa City's 2011 -2015 Consolidated Plan (a.k.a. City Steps); Setting a public hearing for May 14 on a resolution adopting the Iowa City 2030 Comprehensive Plan Update; RES. 13 -133, SETTING A PUBLIC HEARING ON MAY 14, 2013 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION Complete Description April 23, 2013 Page 3 OF THE ASHTON HOUSE REMODELING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 13 -134, SETTING A PUBLIC HEARING FOR MAY 14, 2013 ON AMENDING THE FY2013 OPERATING BUDGET; Setting a hearing for May 14 on an ordinance rezoning approximately 0.38 acres from public (P) to Central Business Support Zone (CB -5) for property located at the northeast corner of College St & Gilbert St (REZ13- 00009). Correspondence: Irene Klinzman regarding Status of 1St Avenue railroad crossing; Jackson Koellner; Scott Boulter; Brett Polan regarding City STEPS Program / inclusionary zoning [Staff response included]; Janelle Rettig regarding Appreciation to Fire Department; Nancy Beyer regarding Park View Terrace (possible road to City Park);Sally Cline ( Idyllwild Condominiums Owners Association) regarding Idyllwild Storm -Water Flood Mitigation; Amy Charles, Cathy Wilcox, Jerry Hansen, Nancy Carlson, Gayle Bray, Sarah Clark; James White, Katie Roche regarding Flooding Issues; Aleksey Gurtovoy, Jeff Cox regarding Public Forum on Jail Alternatives. City Atty. Dilkes noted the addition of item 5e(5), setting a public hearing on the College /Gilbert rezoning application; and stated conflict of interests issues form Council Member Payne and Throgmorton would be addressed in more detail at the next Council meeting. UISG Bramel thanked Council for his appointment to the UISG Liaison position and introduced new UISG President Katherine Valde. President Valde stated she was excited to work with the City Council in the upcoming year and would be meeting individual with Council Members. Mary Gravitt, 2714 Wayne Ave., appeared regarding the need for a hard copy City Code in the Library; preservation of SEATS para- transit; and the need for close circuit cameras. Nialle Sylvan, 1722 Morningside, distributed books recognizing World Book Day. Amanda Styren, 210 W. Park, Project Leader for Creative Corridor Project, distributed posters and stickers for the campaign and summarized upcoming events, A public hearing was held on a resolution for a voluntary annexation of approximately 2 acres of property located near the northeast corner of Scott Boulevard and American Legion Road (ANN13- 00001). PCD Dir. Davidson presented a power point. Individual Council Members expressed their views. Moved by Dobyns, seconded by Mims, to adopt RES. 13 -135, FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 2 ACRES OF PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF SCOTT BOULEVARD AND AMERICAN LEGION ROAD (AN N 13- 00001). A public hearing was held on an ordinance conditionally rezoning approximately 2 acres from County Residential (R) and approximately 2.83 acres from Low - Density Single - Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12) located at east of Scott Boulevard and north of Muscatine Avenue and American Legion Road (REZ13 -00002 & REZ13- 000030). Moved by Mims, seconded by Throgmorton to continue public hearing and defer an ordinance conditionally rezoning approximately 2 acres from County Residential (R) and approximately 2.83 acres from Low - Density Single - Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12) located at east of Scott Boulevard and north of Muscatine Avenue and American Legion Road (REZ13 -00002 & REZ13- 000030), until May 14. Complete Description April 23, 2013 Page 4 A public hearing was held on a resolution approving an amendment to the Comprehensive Plan - South District Plan to change the land use designation from Multifamily to General Commercial for property located at the southeast corner of the intersection of Highway 6 and Broadway Street. Mayor Hayek stated items 7c and 7d were related and encouraged citizens to speak on either item during the hearing. The Mayor requested Council Members disclose any ex parte communications and none were reported. PCD Dir. Davidson presented a power point. Individual Council Members expressed their views. Wally Pelds, Pelds Engineering representing Casey General Stores, appeared. Moved by Champion, seconded by Payne, to adopt RES. 13 -136, AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION FROM MULTI - FAMILY TO GENERAL COMMERCIAL FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF HIGHWAY 6 AND BROADWAY STREET. A public hearing was held on ordinance conditionally rezoning property from Commercial Office (CO -1) Zone to Community Commercial (CC -2) Zone and amending the conditional zoning agreement for approximately 2.31 -acres of property currently zoned CC -2 and CO -1 located at the southeast corner of the intersection of Broadway Street and Highway 6 (REZ13 -00005 Casey's). Moved by Payne, seconded by Mims, that the ordinance conditionally rezoning property from Commercial Office (CO -1) Zone to Community Commercial (CC -2) Zone and amending the conditional zoning agreement for approximately 2.31 -acres of property currently zoned CC -2 and CO -1 located at the southeast corner of the intersection of Broadway Street and Highway 6 (REZ13 -00005 Casey's), be given first vote. A public hearing was held on an ordinance conditionally rezoning approximately 7.09 acres to amend the Sensitive Areas Development plan to allow a reduction in the previously approved wetland buffer on property located adjacent to 2845 Mormon Trek Boulevard (REZ12 -00032 Billion Auto). The Mayor requested Council Members disclose any ex parte communications and none were reported. PCD Dir. Davidson presented a power point. The following individuals appeared: Duane Musser, MMS Consultants, presented slides; Roxanne Bohlke, 4195 Dane Road; Janel Jung, 4161 Dane Road; and John Rummelhart, 112 E. Court St. Individual Council Members expressed their views. Moved by Payne, seconded by Mims, that the ordinance conditionally rezoning and amending the Sensitive Areas Development Plan to allow a reduction a reduction in the previously approved wetland buffer on property located at 2845 Mormon Trek Boulevard (REZ12 -00032 Billion Auto), be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 4/3, with the following division of roll call vote. Ayes: Payne, Dickens, Hayek, Mims. Nays: Throgmorton, Champion, Dobyns. A public hearing was held on an ordinance rezoning approximately 27.8 acres located west of Mormon Trek Boulevard and north of Hawkeye Park Road from Institutional Public (P -2) to Institutional Public /Medium- Density Multi - Family (P- 2 /RM -20). PCD Dir. Davidson presented a power point. Individual Council Members expressed their views. Complete Description April 23, 2013 Page 5 Moved by Payne, seconded by Dickens, that the ordinance rezoning approximately 27.8 acres located west of Mormon Trek Boulevard and north of Hawkeye Park Road from Institutional Public (P -2) to Institutional Public /Medium- Density Multi - Family (P- 2/RM-20), be given first vote. A public hearing was held on an ordinance amending Title 14: zoning to define rooming house cooperatives as a type of fraternal group living use and to specify that fraternal group living uses are allowed by special exception in the RNS -20 Zone and to modify the residential density and parking standards for said uses to be consistent with the density and parking standards for multi - family uses. Justin Mulford and Vanessa Fixmer - Orait, 437 S. Governor, appeared. Moved by Mims, seconded by Dickens, to accept correspondence from Meriam Belli, Jannifer Kozajda, Suzanne Bentler, Natalie Fixmer - Oraiz, Melinda Zuehlke- Woodard, Mike Wright, Phillip Gander. Moved by Champion, seconded by Payne, that the ordinance amending Title 14: zoning to define rooming house cooperatives as a type of fraternal group living use and to specify that fraternal group living uses are allowed by special exception in the RNS- 20 Zone and to modify the residential density and parking standards for said uses to be consistent with the density and parking standards for multi - family uses, be given first vote. Individual Council Members expressed their views. A public hearing was held on an ordinance amending Title 14, Zoning Code to establish parking location standards and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in multifamily zones. No one appeared. Moved by Payne, seconded by Dickens, that the ordinance amending Title 14, Zoning Code to establish parking location standards and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in multifamily zones, be given first vote. Moved by Mims, seconded by Payne, that ORD. 13 -4522, AMENDING SUBSECTION 14- 4134A, PARAGRAPH 7 OF THE ZONING CODE TO ALLOW MULTI - FAMILY DWELLING UNITS TO BE LOCATED ON OR BELOW THE STREET LEVEL FLOOR OF A BUILDING BY SPECIAL EXCEPTION IN THE CB -5 ZONE FOR BUILDINGS DESIGNATED AS AN IOWA CITY HISTORIC LANDMARK, be passed and adopted. The Mayor requested Council Members disclose ex parte communications and none were reported. Moved by Mims, seconded by Dickens, that ORD. 13 -4523, REZONING APPROXIMATELY .09 ACRES LOCATED AT 529 S. GILBERT STREET AS AN IOWA CITY HISTORIC LANDMARK (REZ13- 00008), be passed and adopted. Moved by Mims, seconded by Payne, that the ordinance rezoning 0.78 acres of land located at 1105 Gilbert Court from Public (P -1) to Intensive Commercial (CI -1) (REZ13- 00006 Crisis Center), be given second vote. Moved by Mims, seconded by Dobyns, that the ordinance conditionally rezoning 2.12 acres of land located south of Highway 1 west, east of Ruppert Road from Intensive Commercial (CI -1) Zone to Community Commercial (CC -2) Zone (REZ13- 00007), be given second vote. The Mayor requested Council Members disclose ex parte communications and none were reported. Mary Gravitt, 2714 Wayne Ave., appeared. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Mims, Payne, Champion, Dickens, Dobyns, Hayek. Nays: Throgmorton. Complete Description April 23, 2013 Page 6 Moved by Payne, seconded by Dobyns, that the ordinance vacating air rights and subterranean rights for portions of public right -of -way located on George Street between Benton Street and Oakcrest Street (VAC13 -00002 Oaknoll), be given second vote. Moved by Mims, seconded by Dickens, that the ordinance amending Title 4 of the zoning code to modify the process for delineating woodland buffers and counting preserved trees and woodlands toward any tree replacement or mitigation requirements, be given second vote. Moved by Payne, seconded by Dickens, that the ordinance conditionally rezoning approximately 0.465 acres of land from Commercial Office (CO -1) Zone to High Density Multifamily (RM -44) Zone for property located at 821 E. Jefferson Street (REZ12- 00030), be given second vote. The Mayor requested Council Members disclose ex parte communications and none were reported. Moved by Mims, seconded by Dickens, to adopt RES. 13 -137, APPROVING PRELIMINARY PLAT FOR COUNTY CLUB ESTATES PARTS 4 -7 ADDITIONS (Country Club). PCD Dir. Davidson presented a power point. The Mayor requested Council Members disclose ex parte communications and none were reported. Individual Council Members expressed their views. Moved by Payne, seconded by Dickens, to adopt RES. 13 -138, APPROVING FINAL PLAT FOR COUNTY CLUB ESTATES FOURTH ADDITION (Country Club). PCD Dir. Davidson presented a power point. The Mayor requested Council Members disclose ex parte communications and none were reported. Moved by Payne, seconded by Champion to defer to May 14, resolutions approving final plat for Lindemann Part Four -A and approving final plat of Lindemann Part Five. A public hearing was held on a resolution authorizing conveyance of a single family home located at 426 Church Street. No one appeared. Moved by Mims, seconded by Payne, to adopt RES. 13 -139, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 426 CHURCH STREET. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of not to exceed $6,500,000 General Obligation Bonds, Series 2013A. Finance Dir. Bockenstedt presented a power point. Moved by Mims, seconded by Dickens, to adopt RES. 13 -140, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,500,000 GENERAL OBLIGATION BONDS, SERIES 2013A. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $375,000 General Obligation Bonds, Series 2013A. No one appeared. Moved by Payne, seconded by Mims, to adopt RES. 13 -141, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $375,000 GENERAL OBLIGATION BONDS, SERIES 2013A. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $625,000 General Obligation Bonds, Series 2013A. No one appeared. Moved by Throgmorton, seconded by Dickens, to adopt RES. 13 -142, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $625,000 GENERAL OBLIGATION BONDS, SERIES 2013A. Complete Description April 23, 2013 Page 7 A public hearing was held on a resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $570,000 General Obligation Bonds, Series 2013A. No one appeared. Moved by Dickens, seconded by Payne, to adopt RES. 13 -143, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $570,000 GENERAL OBLIGATION BONDS, SERIES 2013A. A public hearing was held on a resolution authorizing the filing of an application with the Iowa Department of Transportation for FY2014 Iowa DOT State Transit Assistance and Federal Transit Administration Funding. No one appeared. Moved by Payne, seconded by Mims, to adopt RES. 13 -144, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2014 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. A public hearing was held on a resolution Adopting Annual Plan For Fiscal Year 2013. No one appeared. Moved by Payne, seconded by Mims, to adopt RES. 13 -145, TO ADOPT THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2013. Housing Adm. Rackis present for discussion. Moved by Payne, seconded by Mims, to adopt RES. 13 -146, ADOPTING THE IOWA CITY HOUSING AUTHORITY'S HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN. Moved by Payne, seconded by Mims, to adopt RES. 13 -147, ADOPTING THE IOWA CITY HOUSING AUTHORITY'S PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). Moved by Mims, seconded by Payne, that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," to clarify that taxicabs must use a taximeter to measure distance, be given first vote. Moved by Mims, seconded by Champion, to make the following appointments to Boards and Commissions: Christine Ralston, 623 Dearborn Street, to the Housing & Community Development Commission for an unexpired term, effective upon appointment, ending September 1, 2015; Jodie Barry Theoblad, 2300 Jessup Circle, to the Planning & Zoning Commission —to fill five -year terms, May 1, 2013 — May 1, 2018. The Mayor noted that no applications were received for the following vacancies and all will be readvertised: Airport Zoning Brd. of Adjustment for a five -year term January 1, 2012 - December 31, 2016 (New full term); Airport Zoning Brd. of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2010 — December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 — December 31, 2017 (New full term); Historic Preservation Commission for a Jefferson St. representative to fill three -year terms, March 29, 2013 — March 29, 2016 (New District formed). 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.] Complete Description April 23, 2013 Page 8 The Mayor noted the previously announced vacancies: Library, Board of Trustees — for three vacancies to fill six -year terms, July 1, 2013 — July 1, 2019. Applications must be received by 5:00 p.m., Wednesday, May 8, 2013. The Mayor noted the current vacancy: Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2015; Public Art Advisory Committee for an unexpired term, effective upon appointment, ending January 1, 2014. Applications must be received by 5:00 p.m., Wednesday, May 29, 2013. Council Member Throgmorton reported on a meeting he attended with the City Manager and Swallow Yan, Director of the Chinese Association of Iowa regarding strengthening connections with new resident of Chinese descent; stated he would be meeting with Feihong He, a member of the Chinese Student Association at the University; encouraged people to attend the second annual Jane Jacobs Walk on May 4t" co- sponsored by the City of Iowa City and the School of Urban and Regional Planning at the University; and announced he would be speaking to the University of Iowa Environmental Coalition re sustainability in Iowa City on May 2 . Council Member Dickens summarized neighborhood meetings being held in the Gilbert Ct. area, and stated staff will be doing inspections on building needing repair and was encouraged with activities thus far; reported on the Iowa Women's Leadership Conference going on in Coralville. Mayor Hayek reported on a Chamber lobbying trip he attended with Asst. to the City Manager Fruin April 17 -18 and highlighted three area, passenger rail, Riverfront Crossings project, and general support of CDBG funding. Council Wished Happy Birthday to City Manager Markus and City Atty. Dilkes. Moved by Mims, seconded by Payne, to adjourn special meeting 9:30 p.m. !�_C" 'A Matthew J. Hayek, Mayor Mahan K. Karr, City Clerk r Sul = CITY OF IOWA CITY 5.�a�(a ;. -IM MEMORANDUM Date: April 15, 2013 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 9, 2013, 5:04 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton UISG: Bramel Staff: Markus, Fruin, Dilkes, Karr, Bentley, Davidson, Bockenstedt, O'Brien, Dyson, Bowers, Reichart, Hargadine, Steffen, Wyss (Due to technical problems a complete transcription is not available for the entire work session; The end portion of the meeting is are available in the City Clerk's Office and the City website) QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS 1. (Consent Calendar # 4d(12) — FY2012 Asphalt Resurfacing... and # 4e(10 -13) ... General Obligation Bonds ....) In response to Council Member Throgmorton, City Manager Markus stated that discussion of improvements in core neighborhoods could be discussed as part of the budget and CIP review process. 2. (Agenda items # 7 - # 14 .... Hearings ... resolution assessing civil penalty ... selling tobacco to minors ....) In response to Council Member Throgmorton, City Attorney Dilkes stated the items should not be combined as each establishment has an opportunity for a hearing. 3. (Consent Calendar # 4d(14) — Rocky Shore Pump Station and floodgate ... resolution approving agreement ...) Council Member Payne questioned whether she should abstain on the item as she works for MidAmerican. City Attorney Dilkes indicated that her employment does not require her abstaining on all voting concerning her employer; and suggested that in the future she contact the City Attorney's office prior to the meeting for further review. Agreement was to delete the item for separate consideration. 4. (Consent Calendar # 4e(10) —...General Obligation Bonds ... Memo from Finance Director and attached Project Schedule ) In response to Council Member Payne, Finance Dir. Bockenstedt clarified the Taft Speedway Levee Project showed $100,000 reflecting reimbursement for preliminary costs of the project. REPORT FROM AD HOC DIVERSITY COMMITTEE QP # 4) Chairperson Kingsley Botchway introduced committee members Joe Dan Coulter, LaTasha Massey, Cindy Roberts, Orville Townsend, and Joan VandenBerg. Committee Members reviewed the recommendations for Transportation, Law Enforcement & Police Citizens Review Board, and an equity report. Council Members extended appreciation to the Committee for their work. ACTION: City Manager and staff will review the recommendations and develop an implementation plan for City Council adoption by resolution in the next couple of months Council Work Session April 9, 2013 Page 2 DISCUSS OF AGENDA ITEMS FOR JOINT MEETING ON APRIL 29 QP# 5) Majority agreed to ask that an update on the Facilities Process be provided by the School District. ACTION: City Clerk to notify the County of the agenda item. (Karr) INFORMATION PACKET DISCUSSION [March 21, 28, April 4] ➢ March 21 1. (IP2 —Partnership for Alcohol Safety —Annual Report 2012) In response to Council Member Dobyns, Asst. to the Fruin stated the City and University are working on some changes in software to enable better translation of the data including geographic coverage and deployment of resources. ➢ March 28 (IP3 — Memo from Police Chief: Old recruiting video) In response to Council Member Throgmorton, City Manager Markus acknowledged the work of the Ad Hoc Diversity Committee in reviewing the video and providing the City an opportunity to present a different image. 2. (IP5 — Police Citizens Review Board Community Forum) City Clerk Karr noted the upcoming forum on April 23 at the Public Library. 3. (IP6 — Criminal Justice Coordinating Committee Minutes — March 6) Council Member Throgmorton noted that the minutes included a suggestion by Dorothy Whiston to the County to hire a consultant for a systemic analysis of racial equity outcomes and suggested staff initiate a response. City Manager Markus suggested that discussion wait until after the presentation by the State of the Overview of Iowa Department of Human Rights Report to Johnson County Officials at the April 23 work session. 4. (I136 — Criminal Justice Coordinating Committee Minutes — March 6) Council Member Champion raised concerns regarding comments that Iowa City has a higher contact with minority youth than most of the rest of the county but a lower incarceration. In response to City Manager Markus Champion stated she would clarify whether that statement referred to "county" or "country" data. ➢ April 1. (IP10 — Copy of letter from Amy Kretkowski to Public Works Department — extension to repair / replace brick sidewalks) In response to Council Member Throgmorton, City Manager Markus and Asst. to the City Manager Fruin stated the item is schedule for the April 23 work session; and no penalty will be incurred waiting for Council direction. 2. (IP15 — Information form the ICCSD Facilities Master Planning Steering Committee) Council Members raised concerns regarding the criteria being used being inconsistent with core neighborhoods and the importance of neighborhood schools. Council Work Session April 9, 2013 Page 3 3. (IP7 — KXIC Radio Show) April 17 - Throgmorton April 24 - Hayek May 1 - Payne May 8 - Dobyns May 15 — Mims Council Members agreed to the following schedule: MEETING SCHEDULE AND COUNCIL TIME 1. City Clerk Karr stated she will be proposing an August thru December meeting schedule for discussion on April 23, and asked Council Members to let her know if there were certain dates to avoid. 2. City Clerk Karr stated she had an opening for the April 19 Creative Corridor luncheon in Cedar Rapids and asked if Council Members were interested in attending. Mayor Hayek will check his calendar. 3. Mayor Hayek stated he would be attending the Green Symposium April 10. 4. Council Member Dickens reported on a meeting of businesses in the Gilbert Court and Highland Court area frustrated with nuisance activities occurring in the neighborhood., and stated they would be meeting again in a couple of weeks. Dickens reported a number of City staff involved and possible improvements include better lighting and no overnight parking 5. Council Member Dickens commented that he had suggested using any revenues generated from red light cameras to help subsidize SEATS. City Manager Markus stated currently the City was in a "holding pattern" awaiting IDOT rules. 6. Mayor Hayek reported he and Asst. to the City Manager Fruin would be in Washington for the annual lobbying trip next week. 7. Mayor Pro tem Mims reported she and staff did a presentation to the IDOT Commission earlier in the day updating them on City support of AMTRAK; Riverfront Crossings Project; various projects along Highway 1 and Highway 6; and thanking them for their support of the RISE grant for Moss Ridge. 8. Mayor Pro tem Mims stated she would be welcoming the electrical inspectors conference group on April 10. 9. UISG Rep. Bramel reported on the upcoming UISG elections. 10. Mayor Hayek noted that Adm. Asst. Bentley would be the "face" for the new video prepared to promote the new mobile application for neighborhood nuisance issues, PENDING WORK SESSION TOPICS None UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS None Meeting adjourned 6:35 PM. 5a(2) Subject to change as finalized b the City Clerk. For a final official co —� � g y y copy, contact the City Clerk's Office 356 -5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS — 4/9/13 Iowa City City Council Special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. The Mayor presented Outstanding Student Citizenship Awards to Lucas Elementary students: Nhan Ha To, Cade Hanrahan, and Kate Goodvin. The Mayor proclaimed: Barbershop Harmony Week — April 7 -13, David Keeley accepting; Bill Sackter Day — April 13, Gretchen Gentsch accepting; Days of Remembrance — April 7 -14, Human Rights Commissioner Katy Anthony accepting; National Service Recognition Day — April 9, Jean Kuehl, Assistant Director 6th Judicial District Department of Correctional Services and Susan Wehr, Ex. Dir. Elder Services accepting; Strive for Success Day — April 20, Caleb Thomas accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended and to delete from the Consent Calendar for separate consideration item 4d(14) the Resolution approving an agreement for the relocation of utilities necessary for the Rocky Shore Drive Pump Station Project. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: March 19 Council Work Session; March 19 Council Regular Formal Official & Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Board of Adjustment — February 13; Historic Preservation Commission — February 14; Historic Preservation Commission — March 1; Human Rights Commission — January 28; Human Rights Commission — February 19; Planning & Zoning Commission (informal) — March 4; Planning & Zoning Commission (formal) — March 7. Permit Motions and Resolutions as recommended by the City Clerk. (Renewal): Class C Liquor License for Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Outdoor Service Area for Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Class C Liquor License for B.P.O. Elks #590, 637 Foster Rd.; Class C Liquor License for El Banditos, 327 E. Market St.; Class C Liquor License for El Dorado Mexican Restaurant, 1634 Sycamore St.; Class C Liquor License for The Deadwood, 6 S. Dubuque St.; Outdoor Service Area for The Deadwood, 6 S. Dubuque St. Resolutions and Motions: RES. 13 -87, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 316 4T" AVENUE, IOWA CITY, IOWA; RES. 13 -88, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT AND A MORTGAGE FOR THE PROPERTIES LOCATED AT 3351 WINTERGREEN AVENUE AND 1904 HANNAH JO COURT, IOWA CITY, IOWA; RES. 13 -89, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT, A MORTGAGE, AND Official Actions April 9, 2013 Page 2 TWO AMENDMENTS FOR THE PROPERTIES LOCATED AT 1541, 1562, AND 1664 DICKENSON LANE, IOWA CITY, IOWA; RES. 13 -90, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 935 DOVER STREET, IOWA CITY, IOWA; RES. 13 -91, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 2420 BITTERSWEET COURT, IOWA CITY, IOWA; RES. 13 -92, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PARTIAL RELEASE OF AN ACCESS AND DRAINAGE EASEMENT LOCATED ON LOTS 14 AND 15 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION; RES. 13 -93, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A CONTRACT AMENDMENT #1, CONTRACT AMENDMENT #2, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1522 DICKENSON LANE, IOWA CITY, IOWA; RES. 13 -94, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2659 GABLE STREET, IOWA CITY, IOWA; RES. 13- 95, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 513 5T" AVENUE, IOWA CITY, IOWA; RES. 13 -96, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WELLS FARGO HOME MORTGAGE, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 115 TAFT SPEEDWAY, IOWA CITY, IOWA; RES. 13 -97, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2230 HICKORY COURT, IOWA CITY, IOWA; RES. 13- 98, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY2014 ASPHALT RESURFACING PROJECT; RES. 13 -99, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WEST SIDE LEVEE PROJECT; RES. 13 -100, ACCEPTING PAYMENT OF $300 CIVIL PENALTY and WAIVER OF RIGHT OF HEARING FROM IC UGLY'S; RES. 13 -101, ACCEPTING PAYMENT OF $1500 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM RED POPPY; RES. 13 -102, ACCEPTING PAYMENT OF $300 CIVIL PENALTY AND WAIVER OF RIGHT OT HEARING FROM RTZ EXPRESS; RES. 13 -103, ACCEPTING USE OF SECTION 453A.22(2) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY DELI MART #2; RES. 13 -104, ACCEPTING USE OF SECTION 453A.22(2) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY DELI MART #3; RES. 13 -105, ACCEPTING USE OF SECTION 453A.22(2) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY GASBY'S; RES. 13 -106, ACCEPTING USE OF SECTION 453A.22(2) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY KUM & GO. Official Actions April 9, 2013 Page 3 Setting Public Hearings: RES. 13 -107, setting public hearing for April 23, 2013, on a proposal to convey a single family home located at 426 Church Street; Setting a public hearing for April 23 on a resolution for a voluntary annexation of approximately 2 acres of property located near the northeast corner of Scott Boulevard and American Legion Road (ANN13- 00001); Setting a public hearing for April 23 on an ordinance conditionally rezoning approximately 2 acres from County Residential (R) and approximately 2.83 acres from Low - Density Single- Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12) located at east of Scott Boulevard and north of Muscatine Avenue and American Legion Road. (REZ13- 00002 & REZ13- 00003); Setting a public hearing for April 23 on a resolution approving an amendment to the Comprehensive Plan - South District Plan to change the land use designation from Multifamily to General Commercial for property located at the southeast corner of the intersection of Highway 6 and Broadway Street (Casey's); Setting a public hearing for April 23 on an ordinance conditionally rezoning property from Commercial Office (CO -1) Zone to Community Commercial (CC -2) Zone and amending the conditional zoning agreement for approximately 2.31 -acres of property currently zoned CC -2 and CO -1 located at the southeast corner of the intersection of Broadway Street and Highway 6 (Casey's) (REZ13- 00005); Setting a public hearing for April 23 on an ordinance conditionally rezoning approximately 7.09 acres to amend the Sensitive Areas Development plan to allow a reduction in the previously approved wetland buffer on property located adjacent to 2845 Mormon Trek Boulevard (Billion) (REZ12- 00032); Setting a public hearing for April 23 on an ordinance rezoning approximately 27.8 acres located west of Mormon Trek Boulevard and north of Hawkeye Park Road from Institutional Public (P -2) to Institutional Public /Medium- Density Multi - Family (P- 2 /RM -20) (REZ13- 00001); Setting a public hearing for April 23 on an ordinance amending Title 14: Zoning to define rooming house cooperatives as a type of fraternal group living use and to specify that fraternal group living uses are allowed by special exception in the RNS -20 Zone and to modify the residential density and parking standards for said uses to be consistent with the density and parking standards for multi - family uses; Setting a public hearing for April 23 on an ordinance amending Title 14: Zoning Code to establish parking location standards and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in multifamily zones; RES. 13 -108, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,500,000 GENERAL OBLIGATION BONDS, SERIES 2013A, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 13 -109, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $375,000 OF GENERAL OBLIGATION BONDS SERIES 2013A (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 13 -110, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $625,000 OF GENERAL OBLIGATION BONDS, SERIES 2013A (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 13 -111, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $570,000 OF GENERAL OBLIGATION BONDS, SERIES 2013A (FOR A GENERAL Official Actions April 9, 2013 Page 4 CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Correspondence: Ryan Durbin; Marybeth Slonneger; Amanda Owen Van Horne (x2); Kristin Johnson; Bobbie Paxton, Nancy Adams - Cogan, Michael Briggs, Sonia Ettinger, Cory Nelson regarding The Chauncey (Moen Building)/Workforce Housing; Martha Norbeck regarding Bicycles on Burlington Street Bridge [Staff memo included]; Billy Joe Parker regarding National Prohibitionist January Newsletter; Billy Joe Parker regarding Communities and Governments Responsible; Billy Joe Parker regarding Fields of the Wood; Billy Joe Parker regarding Happy Trails in Georgia - March April; Carol deProsse and Caroline Dieterle (X2) regarding Two At the Fringe — ICPD Recruitment Video; Melvin Kelly regarding 2013 Summer Youth Projects; Kayla Cress regarding Trash Can screening — no thanks; Aleksey Gurtovoy regarding Invitation to a Public Forum on Traffic Surveillance and Drones; Mary Knudson regarding Iowa City Co- Housing proposal [Staff response included]; Brian Flanagan regarding Dining Outside; Melvin Kelly regarding West Nile Virus; Carol deProsse regarding Police Recruitment Video; Tom Novak regarding Normandy Drive extension into City Park; Ann Christenson regarding Comprehensive Plan comment; James Walker regarding Petition Filed to Ban Traffic — Cameras; Acting Traffic Engineering Planner regarding Designation of a Motorcycle / Scooter Parking Only area in the 10 Block of Lincoln Avenue on the east side of the street. Council Member Payne abstained due to a conflict of interest on the next item. Moved and seconded to adopt RES. 13 -112, APPROVING AN AGREEMENT TO PURCHASE CRANDIC PARK AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS FOR THE RELOCATION OF UTILITIES NECESSARY FOR THE ROCKY SHORE DRIVE PUMP STATION PROJECT. Elsie Gauley Vega, 320 E. Washington St., appeared regarding the proposed Chauncey building at the corner of Gilbert and College Streets. Mary Gravitt, 2714 Wayne Avenue, appeared regarding wording in the Days of Remembrance proclamation; SEATS; and elimination of "workforce housing" from the City vocabulary. Rick Holderness appeared regarding a house sale in 1972. Senior Center Commissioner Jay Honohan updated Council on activities at the Center. A public hearing was held on an ordinance rezoning 0.78 acres of land located at 1105 Gilbert Court (Crisis Center) from Public (P -1) to Intensive Commercial (CI -1) (REZ13- 00006). Moved and seconded that the ordinance rezoning .78 acres located at 1105 Gilbert Court from Public (P -1) to Intensive Commercial (CI -1) (REZ13- 00006), be given first vote. A public hearing was held on an ordinance conditionally rezoning 2.12 acres of land located south of Highway 1 west, east of Ruppert Road from Intensive Commercial (CI- 1) Zone to Community Commercial (CC -2) Zone (REZ13- 00007). Mary Gravitt, 2714 Wayne Avenue, appeared. Moved and seconded that the ordinance conditionally rezoning 2.12 acres located south of Highway 1 west, east of Ruppert Road from Intensive Commercial (CI -1) Zone to Community Commercial (CC -2) Zone (REZ13- 00007), be given first vote. The Mayor declared the motion carried, 6/1. A public hearing was held on an ordinance vacating air rights and subterranean rights for portions of public right -of -way located on George Street between Benton Street and Oakcrest Street (VAC 13-00002). Official Actions April 9, 2013 Page 5 Moved and seconded that the ordinance vacating air rights and subterranean rights for portions of public right -of -way located on George Street between Benton Street and Oakcrest Street (VAC13- 00002), be given first vote. A public hearing was held on an ordinance amending Title 4 of the Zoning Code to modify the process for delineating woodland buffers and counting preserved trees and woodlands toward any tree replacement or mitigation requirements. Moved and seconded that the ordinance amending Title 4 of the Zoning Code to modify the process for delineating woodland buffers and counting preserved trees and woodlands toward any tree replacement or mitigation requirements, be given first vote. A public hearing was held on a resolution amending the Central District Plan Map designation from Office Commercial to High Density Multi - Family Residential for property located at 821 E. Jefferson Street; and on an ordinance conditionally rezoning approximately 0.465 acres of land from Commercial Office (CO -1) Zone to High Density Multifamily (RM -44) Zone for property located at 821 E. Jefferson Street (REZ12- 00030). The following individuals appeared: Nancy Carlson, 1002 E. Jefferson; Sarah Clark, 509 Brown Street; and applicant Jeff Clark, 414 E. Market Street. Moved and seconded to adopt RES. 13 -113, AMENDING THE CENTRAL DISTRICT PLAN MAP DESIGNATION FROM OFFICE COMMERCIAL TO HIGH DENSITY MULTI- FAMILY RESIDENTIAL FOR PROPERTY LOCATED AT 821 E. JEFFERSON STREET. A public hearing was held on an ordinance conditionally rezoning approximately 0.465 acres of land from Commercial Office (CO -1) Zone to High Density Multifamily (RM -44) Zone for property located at 821 E. Jefferson Street (REZ12- 00030). Moved and seconded that the ordinance conditionally rezoning approximately 0.465 acres of land from Commercial Office (CO -1) Zone to High Density Multifamily (RM -44) Zone for property located at 821 E. Jefferson Street (REZ12- 00030), be given first vote. Moved and seconded that the ordinance amending Subsection 14- 413-4A, Paragraph 7, of the Zoning Code to allow multi - family dwelling units to be located on or below the street level floor of a building by special exception in the CB -5 Zone for buildings designated as an Iowa City Historic Landmark, be given second vote. Moved and seconded that the ordinance rezoning approximately .09 acres located at 529 S. Gilbert Street as an Iowa City Historic Landmark (REZ13- 00008), be given second vote. Moved and seconded that ORD. 13 -4519, AMENDING SECTION 14 -4E -8 OF THE ZONING CODE TO MODIFY HOW NONCONFORMING DEVELOPMENT IS REGULATED, be passed and adopted. Moved and seconded that ORD. 13 -4520, AMENDING SECTION 14 -413-12 AND TABLE 2C -1 OF THE ZONING CODE TO INCLUDE NEW STANDARDS FOR QUICK VEHICLE SERVICING USES IF LOCATED IN THE TOWNCREST DESIGN REVIEW DISTRICT OR THE RIVERFRONT CROSSINGS DISTRICT, be passed and adopted. Moved and seconded to adopt RES. 13 -114, RESOLUTION APPROVING THE FINAL PLAT OF MACKINAW VILLAGE PART FIVE, IOWA CITY, IOWA. A hearing was held on a resolution assessing a $300.00 Civil Penalty against Alsafa Market, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell present for discussion. Owner Nasrel Ahmed - Ibrahim appeared. Moved and seconded to adopt RES. 13 -115, ASSESSING A $300.00 CIVIL PENALTY AGAINST ALSAFA MARKET, and amend the resolution to provide a three month payment of the civil penalty. Official Actions April 9, 2013 Page 6 A hearing was held on a resolution assessing a $300.00 Civil Penalty against the Spirit Tobacco and more d /b /a Hookah Cove, pursuant to Iowa Code Section 453A.22(2) (2013.) Asst. Johnson County Atty. Andy Chappell present for discussion. Moved and seconded to adopt RES. 13 -116, ASSESSING A $300.00 CIVIL PENALTY AGAINST HOOKAH COVE. Moved and seconded to adopt RES. 13 -117, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE IN ZONE. A hearing was held on a resolution assessing a $300.00 Civil Penalty against Kum & Go #52, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell present for discussion. Moved and seconded to adopt RES. 13 -118, ASSESSING A $300.00 CIVIL PENALTY AGAINST KUM & GO #52. A hearing was held on a resolution assessing a $300.00 Civil Penalty against Southside Liquor and Tobacco, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell present for discussion. Moved and seconded to adopt RES. 13 -119, ASSESSING A $300.00 CIVIL PENALTY AGAINST SOUTHSIDE LIQUOR AND TOBACCO. A hearing was held on a resolution assessing a $300.00 Civil Penalty against The Convenience Store, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell present for discussion. Moved and seconded to adopt RES. 13 -120, ASSESSING A $300.00 CIVIL PENALTY AGAINST THE CONVENIENCE STORE. A hearing was held on a resolution assessing a $300.00 Civil Penalty against Tobacco Bowl, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell present for discussion. Moved and seconded to adopt RES. 13 -121, ASSESSING A $300.00 CIVIL PENALTY AGAINST TOBACCO BOWL. A hearing was held on a resolution assessing a $300.00 Civil Penalty against Zombies, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell present for discussion. Moved and seconded to adopt RES. 13 -122, ASSESSING A $300.00 CIVIL PENALTY AGAINST ZOMBIES. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 13 -4521, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 1, ENTITLED "PARADES AND PUBLIC ASSEMBLIES," TO ALLOW STAFF TO APPROVE AMPLIFIED SOUND IN CITY PARKS, be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016 (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2010 — December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 — December 31, 2017 (New full term); Historic Preservation Commission for a Jefferson St. representative to fill three -year terms, March 29, 2013 — March 29, 2016 (New District formed); Housing & Community Development Commission for an Official Actions April 9, 2013 Page 7 unexpired term, effective upon appointment, ending September 1, 2015; Planning & Zoning Commission for a five -year terms, May 1, 2013 — May 1, 2018. Applications must be received by 5:00 p.m., Wednesday, April 17, 2013. Library, Board of Trustees for three vacancies for six -year terms, July 1, 2013 — July 1, 2019. Applications must be received by 5:00 p.m., Wednesday, May 8, 2013. 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.] Moved and seconded to adjourn meeting 9:40 p.m. A more complete description of Council Activities is on file in the office of the City Clerk. s /Matthew J. Hayek, Mayor s /Marian K. Karr, City Clerk �/ ' 104,/ Submitted for p bli ation — 4/17/13. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 9, 2013 Iowa City City Council Special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes, Karr, Bentley, Bockenstedt, Reichart, Davidson. The Mayor presented Outstanding Student Citizenship Awards to Lucas Elementary students: Nhan Ha To, Cade Hanrahan, and Kate Goodvin. The Mayor proclaimed: Barbershop Harmony Week — April 7 -13, David Keeley accepting; Bill Sackter Day — April 13, Gretchen Gentsch accepting; Days of Remembrance — April 7 -14, Human Rights Commissioner Katy Anthony accepting; National Service Recognition Day — April 9, Jean Kuehl, Assistant Director 6th Judicial District Department of Correctional Services and Susan Wehr, Ex. Dir. Elder Services accepting; Strive for Success Day — April 20, Caleb Thomas accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Dobyns, seconded by Throgmorton, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended and to delete from the Consent Calendar for separate consideration item 4d(14) the Resolution approving an agreement for the relocation of utilities necessary for the Rocky Shore Drive Pump Station Project. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: March 19 Council Work Session; March 19 Council Regular Formal Official & Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Board of Adjustment — February 13; Historic Preservation Commission — February 14; Historic Preservation Commission — March 1; Human Rights Commission — January 28; Human Rights Commission — February 19; Planning & Zoning Commission (informal) — March 4; Planning & Zoning Commission (formal) — March 7. Permit Motions and Resolutions as recommended by the City Clerk. (Renewal): Class C Liquor License for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Outdoor Service Area for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Class C Liquor License for Iowa City Lodge No. 590 B.P.O. Elks of U.S. A., dba B.P.O. Elks #590, 637 Foster Rd.; Class C Liquor License for The Bandits, LLC, dba El Banditos, 327 E. Market St.; Class C Liquor License for Sultana, Inc., dba El Dorado Mexican Restaurant, 1634 Sycamore St.; Class C Liquor License for Ranger Enterprises, Inc., dba The Deadwood, 6 S. Dubuque St.; Outdoor Service Area for Ranger Enterprises, Inc., dba The Deadwood, 6 S. Dubuque St. Resolutions and Motions: RES. 13 -87, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 316 4T" AVENUE, IOWA CITY, IOWA; RES. 13 -88, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT AND A MORTGAGE FOR THE PROPERTIES LOCATED AT 3351 WINTERGREEN AVENUE AND 1904 HANNAH JO COURT, IOWA CITY, IOWA; RES. 13 -89, Complete Description April 9, 2013 Page 2 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT, A MORTGAGE, AND TWO AMENDMENTS FOR THE PROPERTIES LOCATED AT 1541, 1562, AND 1664 DICKENSON LANE, IOWA CITY, IOWA; RES. 13 -90, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 935 DOVER STREET, IOWA CITY, IOWA; RES. 13 -91, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 2420 BITTERSWEET COURT, IOWA CITY, IOWA; RES. 13 -92, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PARTIAL RELEASE OF AN ACCESS AND DRAINAGE EASEMENT LOCATED ON LOTS 14 AND 15 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION; RES. 13 -93, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A CONTRACT AMENDMENT #1, CONTRACT AMENDMENT #2, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1522 DICKENSON LANE, IOWA CITY, IOWA; RES. 13 -94, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2659 GABLE STREET, IOWA CITY, IOWA; RES. 13- 95, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 513 5T" AVENUE, IOWA CITY, IOWA; RES. 13 -96, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WELLS FARGO HOME MORTGAGE, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 115 TAFT SPEEDWAY, IOWA CITY, IOWA; RES. 13 -97, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2230 HICKORY COURT, IOWA CITY, IOWA; RES. 13- 98, AWARDING CONTRACT to LL Pelling Company for $ 506,060.05 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY2014 ASPHALT RESURFACING PROJECT; RES. 13 -99, AWARDING CONTRACT to Iowa Bridge & Culvert, LC for $ 4,520,160.74 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WEST SIDE LEVEE PROJECT; RES. 13 -100, ACCEPTING PAYMENT OF $300 CIVIL PENALTY and WAIVER OF RIGHT OF HEARING FROM IC UGLY'S; RES. 13- 101, ACCEPTING PAYMENT OF $1500 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM RED POPPY; RES. 13 -102, ACCEPTING PAYMENT OF $300 CIVIL PENALTY AND WAIVER OF RIGHT OT HEARING FROM RJ'Z EXPRESS; RES. 13 -103, ACCEPTING USE OF SECTION 453A.22(2) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY DELI MART #2; RES. 13 -104, ACCEPTING USE OF SECTION 453A.22(2) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY DELI MART #3; RES. 13 -105, ACCEPTING USE OF SECTION 453A.22(2) AFFIRMATIVE DEFENSE TO Complete Description April 9, 2013 Page 3 TOBACCO CIVIL PENALTY BY GASBY'S; RES. 13 -106, ACCEPTING USE OF SECTION 453A.22(2) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY KUM & GO. Setting Public Hearings: RES. 13 -107, setting public hearing for April 23, 2013, on a proposal to convey a single family home located at 426 Church Street; Setting a public hearing for April 23 on a resolution for a voluntary annexation of approximately 2 acres of property located near the northeast corner of Scott Boulevard and American Legion Road (ANN13- 00001); Setting a public hearing for April 23 on an ordinance conditionally rezoning approximately 2 acres from County Residential (R) and approximately 2.83 acres from Low - Density Single - Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12) located at east of Scott Boulevard and north of Muscatine Avenue and American Legion Road. (REZ13- 00002 & REZ13- 00003); Setting a public hearing for April 23 on a resolution approving an amendment to the Comprehensive Plan - South District Plan to change the land use designation from Multifamily to General Commercial for property located at the southeast corner of the intersection of Highway 6 and Broadway Street (Casey's); Setting a public hearing for April 23 on an ordinance conditionally rezoning property from Commercial Office (CO -1) Zone to Community Commercial (CC -2) Zone and amending the conditional zoning agreement for approximately 2.31 -acres of property currently zoned CC -2 and CO -1 located at the southeast corner of the intersection of Broadway Street and Highway 6 (Casey's) (REZ13- 00005); Setting a public hearing for April 23 on an ordinance conditionally rezoning approximately 7.09 acres to amend the Sensitive Areas Development plan to allow a reduction in the previously approved wetland buffer on property located adjacent to 2845 Mormon Trek Boulevard (Billion) (REZ12- 00032); Setting a public hearing for April 23 on an ordinance rezoning approximately 27.8 acres located west of Mormon Trek Boulevard and north of Hawkeye Park Road from Institutional Public (P -2) to Institutional Public /Medium- Density Multi - Family (P- 2 /RM -20) (REZ13- 00001); Setting a public hearing for April 23 on an ordinance amending Title 14: Zoning to define rooming house cooperatives as a type of fraternal group living use and to specify that fraternal group living uses are allowed by special exception in the RNS -20 Zone and to modify the residential density and parking standards for said uses to be consistent with the density and parking standards for multi - family uses; Setting a public hearing for April 23 on an ordinance amending Title 14: Zoning Code to establish parking location standards and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in multifamily zones; RES. 13 -108, FIXING DATE of April 23 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,500,000 GENERAL OBLIGATION BONDS, SERIES 2013A, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 13 -109, FIXING DATE of April 23 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $375,000 OF GENERAL OBLIGATION BONDS SERIES 2013A (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 13 -110, FIXING DATE of April 23 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $625,000 OF GENERAL OBLIGATION BONDS, SERIES 2013A (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF Complete Description April 9, 2013 Page 4 NOTICE THEREOF; RES. 13 -111, FIXING DATE of April 23 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $570,000 OF GENERAL OBLIGATION BONDS, SERIES 2013A (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Correspondence: Ryan Durbin; Marybeth Slonneger; Amanda Owen Van Horne (x2); Kristin Johnson; Bobbie Paxton, Nancy Adams - Cogan, Michael Briggs, Sonia Ettinger, Cory Nelson regarding The Chauncey (Moen Building)/Workforce Housing; Martha Norbeck regarding Bicycles on Burlington Street Bridge [Staff memo included]; Billy Joe Parker regarding National Prohibitionist January Newsletter; Billy Joe Parker regarding Communities and Governments Responsible; Billy Joe Parker regarding Fields of the Wood; Billy Joe Parker regarding Happy Trails in Georgia - March April; Carol deProsse and Caroline Dieterle (X2) regarding Two At the Fringe — ICPD Recruitment Video; Melvin Kelly regarding 2013 Summer Youth Projects; Kayla Cress regarding Trash Can screening — no thanks; Aleksey Gurtovoy regarding Invitation to a Public Forum on Traffic Surveillance and Drones; Mary Knudson regarding Iowa City Co- Housing proposal [Staff response included]; Brian Flanagan regarding Dining Outside; Melvin Kelly regarding West Nile Virus; Carol deProsse regarding Police Recruitment Video; Tom Novak regarding Normandy Drive extension into City Park; Ann Christenson regarding Comprehensive Plan comment; James Walker regarding Petition Filed to Ban Traffic — Cameras; Acting Traffic Engineering Planner regarding Designation of a Motorcycle / Scooter Parking Only area in the 10 Block of Lincoln Avenue on the east side of the street. Council Member Payne abstained due to a conflict of interest on the next item. Moved by Mims, seconded by Dickens, to adopt RES. 13 -112, APPROVING AN AGREEMENT TO PURCHASE CRANDIC PARK AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS FOR THE RELOCATION OF UTILITIES NECESSARY FOR THE ROCKY SHORE DRIVE PUMP STATION PROJECT. The Mayor declared the motion carried unanimously, 6/0/1, Payne abstaining. Elsie Gauley Vega, 320 E. Washington St., appeared regarding the proposed Chauncey building at the corner of Gilbert and College Streets. Mary Gravitt, 2714 Wayne Avenue, appeared regarding wording in the Days of Remembrance proclamation; SEATS; and elimination of "workforce housing" from the City vocabulary. Rick Holderness appeared regarding a house sale in 1972. Senior Center Commissioner Jay Honohan updated Council on activities at the Center. A public hearing was held on an ordinance rezoning 0.78 acres of land located at 1105 Gilbert Court (Crisis Center) from Public (P -1) to Intensive Commercial (CI -1) (REZ13- 00006). PCD Dir. Davidson presented a power point. The Mayor requested Council Members report any ex parte communications and none were reported. Moved by Throgmorton, seconded by Mims, that the ordinance rezoning .78 acres located at 1105 Gilbert Court from Public (P -1) to Intensive Commercial (CI -1) (REZ13- 00006), be given first vote. Individual Council Members expressed their views. A public hearing was held on an ordinance conditionally rezoning 2.12 acres of land located south of Highway 1 west, east of Ruppert Road from Intensive Commercial (Cl- 1) Zone to Community Commercial (CC -2) Zone (REZ13- 00007). The Mayor requested Council Members report any ex parte communications and none were reported. PCD Dir. Davidson presented a power point. Mary Gravitt, 2714 Wayne Avenue, appeared. Individual Council Members expressed their views. Complete Description April 9, 2013 Page 5 Moved by Champion, seconded by Payne, that the ordinance conditionally rezoning 2.12 acres located south of Highway 1 west, east of Ruppert Road from Intensive Commercial (CI -1) Zone to Community Commercial (CC -2) Zone (REZ13- 00007), be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Hayek, Mims, Payne, Champion, Dickens, Dobyns. Nays: Throgmorton. A public hearing was held on an ordinance vacating air rights and subterranean rights for portions of public right -of -way located on George Street between Benton Street and Oakcrest Street (Oaknoll Skywalk) (VAC13- 00002). PCD Dir. Davidson presented a power point. Individual Council Members expressed their views. Moved by Dobyns, seconded by Payne, that the ordinance vacating air rights and subterranean rights for portions of public right -of -way located on George Street between Benton Street and Oakcrest Street (Oaknoll Skywalk) (VAC13- 00002), be given first vote. Individual Council Members expressed their views. A public hearing was held on an ordinance amending Title 4 of the Zoning Code to modify the process for delineating woodland buffers and counting preserved trees and woodlands toward any tree replacement or mitigation requirements. PCD Dir. Davidson present for discussion. Moved by Champion, seconded by Payne, that the ordinance amending Title 4 of the Zoning Code to modify the process for delineating woodland buffers and counting preserved trees and woodlands toward any tree replacement or mitigation requirements, be given first vote. A public hearing was held on a resolution amending the Central District Plan Map designation from Office Commercial to High Density Multi - Family Residential for property located at 821 E. Jefferson Street; and on an ordinance conditionally rezoning approximately 0.465 acres of land from Commercial Office (CO -1) Zone to High Density Multifamily (RM -44) Zone for property located at 821 E. Jefferson Street (REZ12- 00030). PCD Dir. Davidson presented a power point. The Mayor requested Council Members report any ex parte communications and Council Member Throgmorton and Mayor Hayek reported. Individual Council Members expressed their views. The following individuals appeared: Nancy Carlson, 1002 E. Jefferson; Sarah Clark, 509 Brown Street; and applicant Jeff Clark, 414 E. Market Street. Moved by Payne, seconded by Dickens, to adopt RES. 13 -113, AMENDING THE CENTRAL DISTRICT PLAN MAP DESIGNATION FROM OFFICE COMMERCIAL TO HIGH DENSITY MULTI - FAMILY RESIDENTIAL FOR PROPERTY LOCATED AT 821 E. JEFFERSON STREET. Individual Council Members expressed their views. A public hearing was held on an ordinance conditionally rezoning approximately 0.465 acres of land from Commercial Office (CO -1) Zone to High Density Multifamily (RM -44) Zone for property located at 821 E. Jefferson Street (REZ12- 00030). The Mayor noted that ex parte communications and comments received at the previous item's public hearing would be considered as part of this hearing as well. Moved by Dobyns, seconded by Dickens, that the ordinance conditionally rezoning approximately 0.465 acres of land from Commercial Office (CO -1) Zone to High Density Multifamily (RM -44) Zone for property located at 821 E. Jefferson Street (REZ12- 00030), be given first vote. Moved by Mims, seconded by Payne, that the ordinance amending Subsection 14- 4B-4A, Paragraph 7, of the Zoning Code to allow multi - family dwelling units to be located on or below the street level floor of a building by special exception in the CB -5 Complete Description April 9, 2013 Page 6 Zone for buildings designated as an Iowa City Historic Landmark, be given second vote. Moved by Payne, seconded by Dickens, that the ordinance rezoning approximately .09 acres located at 529 S. Gilbert Street as an Iowa City Historic Landmark (REZ13- 00008), be given second vote. Moved by Payne, seconded by Mims, that ORD. 13 -4519, AMENDING SECTION 14 -4E -8 OF THE ZONING CODE TO MODIFY HOW NONCONFORMING DEVELOPMENT IS REGULATED, be passed and adopted. Moved by Champion, seconded by Mims, that ORD. 13 -4520, AMENDING SECTION 14 -413-12 AND TABLE 2C -1 OF THE ZONING CODE TO INCLUDE NEW STANDARDS FOR QUICK VEHICLE SERVICING USES IF LOCATED IN THE TOWNCREST DESIGN REVIEW DISTRICT OR THE RIVERFRONT CROSSINGS DISTRICT, be passed and adopted. Moved by Mims, seconded by Payne, to adopt RES. 13 -114, RESOLUTION APPROVING THE FINAL PLAT OF MACKINAW VILLAGE PART FIVE, IOWA CITY, IOWA. A hearing was held on a resolution assessing a $300.00 Civil Penalty against Alsafa Market, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell present for discussion. Owner Nasrel Ahmed - Ibrahim appeared. Individual Council Members expressed their views. Moved by Dobyns, seconded by Payne, to adopt RES. 13 -115, ASSESSING A $300.00 CIVIL PENALTY AGAINST ALSAFA MARKET, and amend the resolution to provide a three month payment of the civil penalty. A hearing was held on a resolution assessing a $300.00 Civil Penalty against the Spirit Tobacco and more d /b /a Hookah Cove, pursuant to Iowa Code Section 453A.22(2) (2013.) Asst. Johnson County Atty. Andy Chappell present for discussion. Moved by Payne, seconded by Mims, to adopt RES. 13 -116, ASSESSING A $300.00 CIVIL PENALTY AGAINST HOOKAH COVE. Moved by Champion, seconded by Throgmorton, to adopt RES. 13 -117, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE IN ZONE. A hearing was held on a resolution assessing a $300.00 Civil Penalty against Kum & Go #52, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell present for discussion. Moved by Payne, seconded by Dickens, to adopt RES. 13 -118, ASSESSING A $300.00 CIVIL PENALTY AGAINST KUM & GO #52. A hearing was held on a resolution assessing a $300.00 Civil Penalty against Southside Liquor and Tobacco, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell present for discussion. Moved by Payne, seconded by Dickens, to adopt RES. 13 -119, ASSESSING A $300.00 CIVIL PENALTY AGAINST SOUTHSIDE LIQUOR AND TOBACCO. A hearing was held on a resolution assessing a $300.00 Civil Penalty against The Convenience Store, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell present for discussion. Moved by Payne, seconded by Dickens, to adopt RES. 13 -120, ASSESSING A $300.00 CIVIL PENALTY AGAINST THE CONVENIENCE STORE. Complete Description April 9, 2013 Page 7 A hearing was held on a resolution assessing a $300.00 Civil Penalty against Tobacco Bowl, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell present for discussion. Moved by Payne, seconded by Dickens, to adopt RES. 13 -121, ASSESSING A $300.00 CIVIL PENALTY AGAINST TOBACCO BOWL. A hearing was held on a resolution assessing a $300.00 Civil Penalty against Zombies, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell present for discussion. Moved by Payne, seconded by Dickens, to adopt RES. 13 -122, ASSESSING A $300.00 CIVIL PENALTY AGAINST ZOMBIES. Moved by Mims, seconded by Payne, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 13 -4521, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 1, ENTITLED "PARADES AND PUBLIC ASSEMBLIES," TO ALLOW STAFF TO APPROVE AMPLIFIED SOUND IN CITY PARKS, be voted on for final passage at this time. Moved by Mims, seconded by Dickens, that the ordinance be finally adopted at this time. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016 (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2010 — December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 — December 31, 2017 (New full term); Historic Preservation Commission for a Jefferson St. representative to fill three -year terms, March 29, 2013 — March 29, 2016 (New District formed); Housing & Community Development Commission for an unexpired term, effective upon appointment, ending September 1, 2015; Planning & Zoning Commission for a five -year terms, May 1, 2013 — May 1, 2018. Applications must be received by 5:00 p.m., Wednesday, April 17, 2013. Library, Board of Trustees for three vacancies for six -year terms, July 1, 2013 — July 1, 2019. Applications must be received by 5:00 p.m., Wednesday, May 8, 2013. 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.] Council Member Payne stated that April was "National Dig Safely Month" and reminded everyone to call 811 before excavating or digging. Council Member Throgmorton invited citizens to attend a presentation by Julio Perez Hernandez "Havana the Magic Of Architecture and the Poetry of Design" scheduled on April 10; and stated he grew up in Louisville, Kentucky, and acknowledge the University of Louisville Cardinals on their NCAA Basketball Tournament win. Mayor Hayek reported on another successful year for the Mission Creek Festival. Moved by Payne, seconded by Mims, to adjourn meeting 9:40 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk