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HomeMy WebLinkAbout2013-08-20 AgendaSubject-to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. Iowa City p� �i City Council Agenda OF Regular Formal C g CITY OF IOWA CITY August 20, 2013 - 7:00 p.m. City Hall — Harvat Hall 410 E. Washington Street Arl", www.icaov.ora ITEM 1. CALL TO ORDER. ITEM 1 a Roll Call ITEM 2. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. ITEM 2a. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: ITEM 2a(1) August 6 Council Work Session ITEM 2a(2) August 6 Council Special Formal and Regular Official & Complete (x2) ITEM 2b. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). ITEM 2b(1) Civil Service Commission — August 8 ITEM 2b(2) Historic Preservation Commission — July 11 ITEM 2b(3) Historic Preservation Commission — July 25 ITEM 2b(4) Human Rights Commission — May 21 (revised) ITEM 2b(5) Human Rights Commission — June 18 ITEM 2c. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal) ITEM 2c(1) Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood Ave. ITEM 2c(2) Class C Liquor License for Jaxco, LLC, dba BlackStone, 503 Westbury Dr. Suite 1. ITEM 2c(3) Special Class C Liquor License for The Englert Civic Theatre, Inc., dba The Englert Theatre, 221 E. Washington St. ITEM 2c(4) Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market St. ITEM 2c(5) Class C Beer Permit for Kmart Corporation dba Big Kmart #4315, 901 Hollywood Blvd. ITEM 2c(6) Class C Liquor License for Cream, LLC, dba The Union Bar, 121 E. College St. ITEM 2c(7) Class C Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St. ITEM 2c(8) Class C Liquor License for Atlas World Grill, Inc., dba Atlas World Grill, Inc., 127 Iowa Ave. ITEM 2c(9) Class C Liquor License for Etre Restaurant Group, LLC, dba Takanami, 219 Iowa Ave. August 20, 2013 City of Iowa City Page 2 ITEM 2c(10) Class C Liquor License for Mexico Wayne's, LLC, dba Short's Burgers - Eastside, 521 Westbury Dr. ITEM 2c(11) Outdoor Service Area for Mexico Wayne's, LLC, dba Short's Burgers - Eastside, 521 Westbury Dr. ITEM 2c(12) Class C Liquor License for AKA White, Inc., dba The Summit Restaurant & Bar, 10 S. Clinton St. ITEM 2c(13) Resolution to issue Dance Permits to Cream, LLC, dba The Union Bar, 121 E. College St. and AKA White, Inc., dba The Summit Restaurant & Bar, 10 S. Clinton St. ITEM 2d. Resolutions and Motions: ITEM 2d(1) APPOINTMENT OF FIRE CHIEF - APPROVING JOHN GRIER AS FIRE / 3 2(p Z CHIEF. Comment: The Civil Service Commission met on August 8, 2013 (minutes included on consent calendar) and certified the list for the position of Fire Chief. Section 4.04(A)(3) of the Iowa City Home Rule Charter and Section 400.13 of the Code of Iowa state that the City Manager shall appoint the Fire Chief with the approval of City Council. The City Manager has appointed John Grier and requests Council approval. ITEM 2d(2) WEST SIDE LEVEE - APPROVING, AUTHORIZING AND DIRECTING /3-2-&3 THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #2 TO THE JUNE 30, 2009 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WEST SIDE LEVEE PROJECT. Comment: The City of Iowa City entered into a contract with MMS Consultants, Inc. to prepare preliminary and final design drawings and specifications for the West Side Levee Project. City Staff desires to broaden the scope of services to be performed to include field based consultant services to assist the City in implementing the West Side Levee construction contract. A fee of $56,600 has been negotiated for services beyond the original scope and will be funded by CDBG funds. ITEM 2d(3) MOSS RIDGE ROAD - RESCINDING RESOLUTION NO. 13 -246 WHICH INCLUDED APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MOSS RIDGE ROAD PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: The District Court has granted Pearson a temporary injunction. This required the project to be removed from the bidding process. August 20, 2013 City of Iowa City Page 3 ITEM 2d(4) r � -'2- (,(-. 6- PARKS & RECREATION FEES - ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS TO ADD NEWLY ESTABLISHED FEES AND CHARGES AND RESCINDING AND REPEALING RESOLUTION NUMBER 12 -527 PREVIOUSLY ESTABLISHING SAID FEES AND CHARGES. Comment: The newly adopted schedule of fees and charges will include the rental fees established for the Park Lodge at Terry Trueblood Recreation Area and the Ned Ashton House, only page 6 of the attached reflects new fees. In addition we are establishing fees for automobile parking in lower City Park. Fees shown will be in a range based on length of rental, days of rental, the facility rented and parking fees. Parking fees will reflect monthly rates. Deposits will be charged at each facility depending on the use of food or alcohol. ITEM 2e. Setting Public Hearings: ITEM 2e(1) PALISADES SUBDIVISION SENSITIVE AREAS PLAN - MOTION SETTING A PUBLIC HEARING FOR SEPTEMBER 3 ON AN ORDINANCE REZONING 13.07 -ACRES OF LAND LOCATED AT 1729 DUBUQUE ROAD FROM LOW DENSITY SINGLE FAMILY (RS -5) TO PLANNED DEVELOPMENT OVERLAY -LOW DENSITY SINGLE FAMILY (OPD -5) ZONE. (REZ11- 00010) Comment: At its August 1 meeting, by a vote of 4 -2 (Freerks and Dyer voting no, Swygard absent), the Planning and Zoning Commission recommended approval of this rezoning and associated sensitive areas development plan and preliminary plat. Approval will allow this property to be developed with The Palisades, a 32 -lot, 13.07 acre residential subdivision. If there is an indication that the Council will not accept the Planning & Zoning Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required. ITEM 2e(2) NORMANDY DRIVE RESTORATION - SETTING A PUBLIC HEARING ON SEPTEMBER 3, 2013 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORMANDY DRIVE RESTORATION PROJECT PHASE II, 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 is being undertaken to restore the Normandy Drive "Mosquito Flats" area damaged by the 2008 flood. This phase of the project will complete the landscaping of Normandy Drive and surrounding area, construct a parking lot for the Ashton House, install a nature playground in City Park adjacent to the area, install a connecting trail from Rocky Shore Drive to Normandy Drive and remove soil that will bring the landscape back to its original topography. This project is budgeted as a CIP #4178 for $409,000, and will be funded by GO Bonds. ITEM 2f Correspondence: ITEM 2f(1) Certificate of Sponsorship for support of Juneteenth Celebration August 20, 2013 City of Iowa City Page 4 ITEM 2f(2) Iowa City Summer of Solutions: Addressing energy efficiency in Iowa City rental housing: A recommendation from Our Power. ITEM 2f(3) Irene Klinzmam Railroad and First Avenue Crossing. ITEM 2f(4) Rick Kaster: Homeless population in Iowa City. ITEM 2f(5) Michael Montgomery: Non - Disclosure / Confidentiality Agreement - Landfill Damage Claim. [Staff response included] ITEM 2f(6) Traffic Engineering Planner: Installation of 9 on- street metered parking spaces and establishment of parking meter terms on the 300 block of Prentiss Street. ITEM 2f(7) Traffic Engineering Planner: Change of odd / even on- street parking terms on the 600 block of East Davenport Street on Saturdays from 8 AM -5 PMto8AM -3 PM. ITEM 2f(8) Traffic Engineering Planner: Installation of (2) NO PARKING BETWEEN SIGNS signs with arrows on Kirkwood Court between Pickard Street and the curve. END OF CONSENT CALENDAR. /, Action: r l� l2 410 1� z�!� 7 L /.7 J / SWEARING IN OF NEW FIRE CHIEF l /� ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item at the end of the meeting agenda. ITEM 4. PLANNING AND ZONING MATTERS. (In accordance with the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications ". Council will discuss items #4a, b, c, f, g only at the formal meeting). ITEM 4a HIERONYMUS / KUM AND GO COMPREHENSIVE PLAN - AMENDING THE COMPREHENSIVE PLAN - SOUTHEAST DISTRICT PLAN TO CHANGE THE LAND USE DESIGNATION FROM MULTI - FAMILY TO COMMERCIAL FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF MUSCATINE AVENUE AND SCOTT BOULEVARD. (CPA13- 00002) [Discussion only at formal meeting] Comment: At its June 6 meeting, by a vote of 0 -6 (Thomas absent), the Planning and Zoning Commission recommended denial of this amendment to the Comprehensive Plan. Approval will allow this property to be considered for commercial uses rather than residential development. If there is an indication that the Council will not accept the Planning & Zoning Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required. This item was deferred from the July 23 Council meeting at the request of the applicant's attorney. 1. PUBLIC HEARING (continued from July 23) Action: 2. CONSIDER A RESOLUTION (deferred from July 23) A `917Action: P ► � ' . r r CITY OF IOWA C I T Y MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: August 20, Agenda Addition CONSENT CALENDAR: Correspondence ITEM 2f(9) Pete Anderson: Football Game Days August 20, 2013 City of Iowa City Page 5 ITEM 4b HIERONYMUS / KUM AND GO REZONING - REZONING 0.85 -ACRES FROM LOW DENSITY SINGLE - FAMILY (RS -5) ZONE AND 2.87 -ACRES FROM LOW DENSITY MULTI - FAMILY (RM -12) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE FOR PROPERTY LOCATED NORTH OF MUSCATINE AVENUE, WEST OF SCOTT BOULEVARD. (REZ13- 00012) [Discussion only at formal meeting] Comment: At its June 6 meeting, by a vote of 0 -6 (Thomas absent), the Planning and Zoning Commission recommended denial of this rezoning. Approval will allow this property to be developed with commercial uses rather than residential development. If there is an indication that the Council will not accept the Planning & Zoning Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required. This item was deferred from the July 23 Council meeting at the request of the applicant's attorney. 1. PUBLIC HEARING (continued from July 23) Action: j6a� 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (deferred from July 23) _> q�tion: ITEM 4c REZONING FIRST AND ROCHESTER — CONDITIONALLY REZONING PROPERTY FROM LOW DENSITY MULTI - FAMILY (RM -12) ZONE TO PLANNED DEVELOPMENT OVERLAY /LOW DENSITY MULTI - FAMILY (OPD /RM -12) ZONE LOCATED ON FIRST AVENUE, NORTH OF ROCHESTER AVENUE. (REZ13- 00004) [Discussion only at formal meeting] Comment: At its July 18th meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this rezoning with conditions related to the engineering of the retaining wall, building design and construction materials, and landscaping and screening. Approval will allow the development of a multi- family building with 16 dwelling units. A protest petition has been filed by owners of more than 20% of the property within 200 feet the area requested for rezoning. Therefore a super majority (6 out of 7 members) of the Council is required to approve this rezoning. If there is an indication that the Council will not accept the Planning & Zoning Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required. Correspondence included in Council packet. 1. PUBLIC HEARING Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) / 0 Action:., U1,,64 40/r I' la Al August 20, 2013 City of Iowa City Page 6 ITEM 4d USES ALLOWED IN THE INTENSIVE COMMERCIAL (CI -1) ZONE — AMENDING TITLE 14: ZONING TO BROADEN THE USES ALLOWED IN THE INTENSIVE COMMERCIAL (CI -1) ZONE. Comment: At its July 18 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this zoning code amendment. Approval will expand the types of uses allowed in the CI -1 zone to include a number of uses currently associated with the Community Commercial (CC -2) zone. If there is an indication that the Council will not accept the Planning & Zoning Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required. PUBLIC HEARING Action: cam/ D 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: .'r ITEM 4e STREET PAVEMENT WIDTH REQUIREMENTS FO INSTITUTIONAL USES — AMENDING TITLE 14: ZONING TO DELETE THE SPECIFIC STREET WIDTH REQUIREMENT FOR DAYCARE USES, GENERAL EDUCATIONAL FACILITIES, AND RELIGIOUS /PRIVATE GROUP ASSEMBLY USES. Comment: At its July 18 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this zoning code amendment. Approval will remove the minimum street pavement requirement currently included as a special exception standard for Daycare Centers, General Educational Facilities, and Religious /Private Group Assembly uses.. If there is an indication that the Council will not accept the Planning & Zoning Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required. 1. PUBLIC HEARING Act i on: -- -- - - -'f! �r 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: Vf.l,�vtr�� ��9� -�(n� �5f� ✓�kc ITEM 4f BILLION AUTO WETLAND AMENDMENT — CONDITIONALLY REZONING 7.13 ACRES OF PROPERTY LOCATED AT 2845 MORMON TREK BLVD IN THE INTENSIVE COMMERCIAL (CI -1) ZONE. (REZ13- 00018) (SECOND CONSIDERATION) [Discussion only at formal meeting] Comment: At its July 18 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommend approval. Approval of this amendment will allow an alternative wetland restoration technique that will not require removal of an extensive amount of topsoil and therefore is less susceptible to erosion. *. Action: Q �/ 1/� August 20, 2013 City of Iowa City Page 7 ITEM 4g OLDE TOWNE VILLAGE MIXED USE — CONDITIONALLY REZONING APPROXIMATELY1.12 ACRES OF PROPERTY, LOCATED SOUTH OF z� y ROCHESTER AVENUE ON THE EAST SIDE OF EASTBURY DRIVE, FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO MIXED USE (MU) (REZ13- 00016) (SECOND CONSIDERATION) [Discussion only at formal meeting] Comment: At its June 20 meeting, by a vote of 6 -0 (Dyer absent), the Planning and Zoning Commission recommended approval of this rezoning subject to conditions including general adherence with the submitted concept plan and building design. Approval will allow the development of two mixed -use buildings. �� Correspondence from the owner requesting expedited action included in the Council packet. , l �� �Ao� -i' - U r , 1 r� Q Action: VW m4 Iv ITEM 4h / 3 q5-2+2- ITEM 4i i3 451q-3 BOARD OF ADJUSTMENT ZONING CODE AMENDMENT — AMENDING TITLE 14: ZONING CODE TO ALLOW THE BOARD OF ADJUSTMENT TO GRANT A SPECIAL EXCEPTION FOR A NON - CONFORMING USE OR OTHER UNPERMITTED USE THAT HAS BEEN IN EXISTENCE FOR OVER 25 YEARS TO BE REBUILT UNDER CERTAIN CONDITIONS, EVEN IF IT IS DESTROYED OR DAMAGED TO MORE THAN 75% OF ITS ASSESSED VALUE. (SECOND CONSIDERATION) Comment: At its June 20 meeting, by a vote of 6- 0(Dyer absent), the Planning and Zoning Commission recommended approval of this zoning code amendment. Approval will allow Mike Hartley to apply for a special exception to rebuild a dental lab at 1515 Jackson Avenue that was destroyed by fire. Action: AMENDMENT TO ALLOW SCH OLS IN THE CC -2 ZONE - AMENDING TITLE 14: ZONING CODE TO ALLOW SCHOOLS OF GENERALIZED INSTRUCTION BY SPECIAL EXCEPTION IN THE COMMUNITY COMMERCIAL (CC -2) ZONE. (PASS AND ADOPT) Comment: At its June 6 meeting, by a vote of 6 -0 (Thomas absent), the Planning and Zoning Commission recommended approval of this amendment to the Zoning Code. Approval will allow schools of generalized instruction (primary and secondary schools) in the CC -2 zone by special exception. Action: Od ��D August 20, 2013 City of Iowa City Page 8 ITEM 4j /3 -x-64 /3 -2-iP (P ITEM 4k AMENDMENT TO MODIFY AREA SPACING BETWEEN DRINKING ESTABLISHMENTS - AMENDING TITLE 14: ZONING CODE TO MODIFY THE REGULATIONS REGARDING THE SPACING OF DRINKING ESTABLISHMENTS SO THAT THE 500 -FOOT SPACING RULE WOULD ONLY APPLY TO THE UNIVERSITY IMPACT AREA AND THE RIVERFRONT CROSSINGS DISTRICT. (PASS AND ADOPT) Comment: At its June 6 meeting, by a vote of 2 -4 (Eastham, Dyer, Swygard and Theobald voting no, Thomas absent), the Planning and Zoning Commission recommended denial of this amendment to the zoning code to modify the 500 - foot spacing requirement for drinking establishments. A joint meeting between the Council and the Commission was held on July 23. Action: � D WALDEN WOOD PART 10 — APPROVING PRELIMINARY PLAT. (SUB12- 00014) Comment: At their August 1 meeting by a vote of 6 -0 (Swygard absent) the Planning and Zoning Commission recommended approval of the preliminary plat. Approval will allow the development of Walden Wood Part 10, an 18 -lot, 4.29 - acre residential subdivision located at Walden Road and Mormon Trek Boulevard. fy Action: d��,o f 14 J. ITEM 41 EASTBROOK FLATS ADDITION — APPROVING PRELIMINARY PLAT (SUB13- 00011) Comment: At their August 1 meeting by a vote of 6 -0 (Swygard absent) the Planning and Zoning Commission recommended approval of the preliminary plat. Approval will allow the development of Eastbrook Flats a 1 -lot, 4.83 acre residential subdivision located at the northeast corner of the intersection of American Legion and Scott Boulevard. Action: ITEM 4m BROOKWOOD POINTE THIRD TO FIFTH ADDITION — APPROVING PRELIMINARY PLAT. (SUB13- 00013) Comment: At their August 1 meeting by a vote of 6 -0 (Swygard absent) the Planning and Zoning Commission recommended approval of the preliminary plat. Approval will allow the development of Brookwood Pointe third to Fifth Addition, a 61 -lot, 17.15 acre residential subdivision located north of Vesti Lane and west of Sycamore Street Action: � -A v le ���- �/� August 20, 2013 City of Iowa City Page 9 ITEM 4n BROOKWOOD POINTE PART 3 - APPROVING FINAL PLAT. (SUB13- 00009) ITEM 5 ITEM 6. / 3 -- 2-79-) Comment: Staff recommends approval of the final plat subject to approval of legal papers and construction drawings. It is anticipated that legal papers and construction drawings will be approved prior to the August 20 City Council meeting. Approval will allow the development of Brookwood Pointe Part 3 a 17- lot, 17.15 -acre residential subdivision located west of Sycamore Street. p �a, Action: ,2t�J UNIVERCITY SALE — 416 SOUTH GOVERNOR - AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 416 SOUTH GOVERNOR STREET. Comment: In the UniverCity Neighborhood Partnership Program, the City purchases rental units located in designated neighborhoods surrounding the University, rehabilitates them, and then sells them to income - eligible buyers. Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 416 South Governor Street. The amount of the sale will be $220,000 (this is what the City paid to purchase the home) plus "carrying costs" of approximately $6,700. "Carrying costs" are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities and real estate taxes. a. PUBLIC HEARING Action: b. CONSIDER A RESOLUTION Action: iiU;WA I �J,_a �Px� UNIVERCITY SALE — 661 SOUTH GOVERNOR RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 661 SOUTH GOVERNOR STREET. Comment: In the UniverCity Neighborhood Partnership Program, the City purchases rental units located in designated neighborhoods surrounding the University, rehabilitates them, and then sells them to income - eligible buyers. Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 661 South Governor Street. The amount of the sale will be $153,000 (this is what the City paid to purchase the home) plus "carrying costs" of approximately $3,200. "Carrying costs" are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $40,000 to repair and rehabilitate the home. a. PUBLIC HEARING'% Action: O a. b. CONSIDER A RESOLUTION Action: August 20, 2013 City of Iowa City Page 10 ITEM 7. CONVEYANCE OF PUBLIC R -O -W ALONG RUPPERT ROAD - AUTHORIZING THE CONVEYANCE OF AUDITOR'S PARCEL 2013030, A.05 ACRE PARCEL ADJACENT TO RUPPERT ROAD, IOWA CITY, IOWA, TO BFDJ HOLDINGS, L.L.C. Comment: The adjacent property owner has requested that the City convey via quit claim deed a sliver of land adjacent to City -owned right -of -way along Ruppert Road in order to clear up a title objection and facilitate redevelopment of the adjacent land for an Aldi's Grocery Store. Staff has confirmed that the Auditor's Parcel in question serves no public purpose and therefore recommends quit claiming the City's interest, if any, to the adjacent property owner without compensation. a. PUBLIC HEARING Action: za, L b. CONSIDER A RESOLUTION Action: J ITEM 8. PARKING LOT HOURS - AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 5, PARKING METER ZONES AND PARKING LOTS, SECTION 4, USE OF PARKING LOTS: TO ASSIGN THE CITY MANAGER, OR DESIGNEE, THE RESPONSIBILITY AND AUTHORITY TO SET THE DAYS AND TIMES FOR WHICH A FEE MAY BE CHARGED, AS WELL AS THE LENGTH OF TIME A VEHICLE MAY BE PARKED, IN CITY LOTS. (FIRST CONSIDERATION) Comment: This ordinance change would allow parking lot hours of operation and parking time limits to be handled administratively, rather than bringing them before City Council. This would bring parking lots in line with parking meters for hours of enforcement and term limits, which are already administered by the City Manager or designee. Parking fees will continue to be managed through the schedule of fees,, as approved by City Council. Action: ITEM 9. PERSONAL PROPERTY IN THE DOWNTOWN - AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," TO LIMIT STORING PERSONAL PROPERTY ON RIGHT OF WAY, TO PROHIBIT SOLICITING BY PARKING METERS AND AT CITY PLAZA ENTRANCES, TO PROHIBIT LYING ON ELEVATED PLANTERS, TO PROHIBIT LYING ON BENCHES DURING CERTAIN HOURS, AND TO RESTRICT USING ELECTRICAL OUTLETS. (FIRST CONSIDERATION) Comment: This ordinance regulates certain activities in City Plaza (aka, the ped mall) and on the downtown sidewalks. It limits the storage of personal property. It prohibits lying on benches (except from 10 pm to 5 am) and on planters. It prohibits soliciting near parking meters and at City Plaza entrances. It restricts the use of electrical outlets to those who have obtained written permission. Action: �d�d alp MGj 'l J August 20, 2013 City of Iowa City Page 11 ITEM 10. TICKET SALES IN TRADITIONAL THEATER SEATING - AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO MODIFY THE CALCULATION OF TICKET SALES FOR EXCEPTION CERTIFICATE PURPOSES. (PASS AND ADOPT) Comment: Under the current ordinance, ticket sales for theater performances on stage are counted as non - alcohol sales for exception certificate purposes. Ticket sales for viewing films at a movie theater would be counted as alcohol sales, because they are not performed "on stage." The owners of FilmScene have approached the City to address this issue. This ordinance provides that ticket sales at a movie theater will not be considered an alcohol sale as long as the patrons are seated in "traditional theater seating." Action: e _ _ 4 71e ITEM 11. SOLID WASTE COLLECTION FEES - AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 5 ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES. (SECOND CONSIDERATION) Comment: This proposed ordinance will increase solid waste collection fees for yard waste, bulky items, compost, mulch, electronic waste, garbage stickers and tires. These fee increases are necessary due to annual increases in operational costs and were previously approved with the FY2014 adopted budget. The fees for garbage stickers and tires were not specifically identified in the proposed budget document. The increased fee for garbage stickers will have the added benefit of encouraging recycling. The last solid waste fee increase was effective October 1, 2010. This fee increase will be effective October 1, 2013 for everything except yard waste stickers, which will be effective April 1, 2014. Action: G- a ITEM 12. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. ITEM 12a Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1, 2012 - December 31, 2016. (New full term). Action: ITEM 12b Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1, 2009 - December 31, 2013. (Term expires for Dennis Keitel). August 20, 2013 City of Iowa City Page 12 ITEM 12c Historic Preservation Commission – One vacancy, for a Jefferson St. representative to fill three -year terms, March 29, 2013 – March 29, 2016. (New District formed). Action: ZZ7 ZA �� -I ITEM 12d Police Citizens Review Board – One vacancy to fill a four -year term September 1, 2013 – September 1, 2017. (Term expires for Kingsley Botchway II). n olrAction: ITEM 13. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Previous: ITEM 13a Public Art Advisory Committee – Two vacancies to fill an unexpired term, effective upon appointment, ending January 1, 2015 and an unexpired term term plus a three -year term, effective upon appointment, ending January 1, 2017. (Melissa Mitchell and Susie Thurmond resigned). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, AUGUST 28, 2013. ITEM 13b Historic Preservation Commission – One vacancy, for a Northside District representative, for an unexpired term, effective upon appointment, ending March 29, 2014. (Dana Thomann resigned). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, SEPTEMBER 11, 2013. New: ITEM 13c Human Rights Commission – One vacancy to fill an unexpired term, effective upon appointment, plus a three -year term ending January 1, 2017. (Daniel Tallon resigned). See correspondence included in Council packet. - �?<« -'-'cam APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, SEPTEMBER 25, 2013. ITEM 14. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 15. CITY COUNCIL INFORMATION. 4me, August 20, 2013 City of Iowa City Page 13 ITEM 16. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. b) City Attorney. c) City Clerk. ITEM 17. ADJOURN (to work session if necessary).