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HomeMy WebLinkAbout2013-08-20 Council minutes 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 AUGUST 20, 2013 Iowa City City Council regular 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, Davidson, Fosse, Knoche, O'Brien, Rummel, Schwindt. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Mims, that the items and recommendations in the Consent Calendar be received, or approved, and or adopted as amended and removing item 2e(2) Setting hearing for Normandy Drive Restoration Project. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: August 6 Council Work Session; August 6 Council Special Formal and Regular Official & Complete (x2). Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Civil Service Commission —August 8; Historic Preservation Commission —July 11; Historic Preservation Commission —July 25; Human Rights Commission — May 21 (revised); Human Rights Commission —June 18. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal) Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood Ave.; Class C Liquor License for Jaxco, LLC, dba BlackStone, 503 Westbury Dr. Suite 1; Special Class C Liquor License for The Englert Civic Theatre, Inc., dba The Englert Theatre, 221 E. Washington St.;Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market St.; Class C Beer Permit for Kmart Corporation dba Big Kmart#4315, 901 Hollywood Blvd.; Class C Liquor License for Cream, LLC, dba The Union Bar, 121 E. College St.; Class C Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St.; Class C Liquor Li ce n se f o r A f l as World Grill, Inc., dba Atlas World Grill, Inc., 127 Iowa Ave.; Class C Liquor License for Etre Restaurant Group, LLC, dba Takanami, 219 Iowa Ave.; Class C Liquor License for Mexico Wayne's, LLC, dba Short's Burgers - Eastside, 521 Westbury Dr.; Outdoor Service Area for Mexico Wayne's, LLC, dba Short's Burgers - Eastside, 521 Westbury Dr.; Class C Liquor License for AKA White, Inc., dba The Summit Restaurant & Bar, 10 S. Clinton St.; RES. 13-261 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. Resolutions and Motions: RES. 13-262, APPROVING THE APPOINTMENT OF JOHN GRIER AS FIRE CHIEF IN IOWA CITY, IOWA; RES. 13-263, APPROVING, AUTHORIZING AND DIRECTING 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; RES. 13-264, 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 Complete Description August 20, 2013 Page 2 EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS; RES. 13-265, 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. Setting Public Hearings: Set 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). Correspondence: Certificate of Sponsorship for support of Juneteenth Celebration; Iowa City Summer of Solutions regarding Addressing energy efficiency in Iowa City rental housing -A recommendation from Our Power; Irene Klinzman regarding Railroad and First Avenue Crossing; Rick Kaster regarding Homeless population in Iowa City; Michael Montgomery regarding Non-Disclosure/ Confidentiality Agreement- Landfill Damage Claim [Staff response included]; Traffic Engineering Planner regarding Installation of 9 on-street metered parking spaces and establishment of parking meter terms on the 300 block of Prentiss Street; Traffic Engineering Planner regarding Change of odd /even on-street parking terms on the 600 block of East Davenport Street on Saturdays from 8 AM — 5 PM to 8 AM —3 PM.; Traffic Engineering Planner regarding Installation of(2) NO PARKING BETWEEN SIGNS signs with arrows on Kirkwood Court between Pickard Street and the curve; Pete Anderson regarding Football Game Days. City Clerk Karr administered the oath to incoming Fire Chief John Grier. Mary Gravitt, 2714 Wayne Ave., appeared regarding quality of life issues, including high tones of the transit bus fare boxes; problems with owners of Town & Campus apartments regarding music emitting from cars; safety concerns for pedestrians near Madison and Clinton Streets; enforcement of present laws and need for more walking patrols; applying 1 cent surcharge on utility bill to SEATS. Sarah Clark, 509 Brown St., representing the Northside Neighborhood Association, updated Council on the PIN grants awarded to the neighborhood. Chris Lynch, Coralville, introduced himself as a candidate for the Iowa City School Board. Leah Cohen, 1638 Teg Drive, representing Bo James, updated Council on the water break on Washington St. and the impact on business owners; and asked consideration to halt construction projects during lunch hours and to consider coordination of street closures affecting downtown traffic. Roger Knight, Jr., expressed concerns regarding motorcycle noise and car radios; requested better enforcement of noisy bars; voice support for the 21 ordinance; potholes in downtown sidewalks, and more police enforcement. Matthew Peirce, 736 Michael St. #8, requested better signage at major intersection when cars and bikes often intersect. Liz Maas, 620 Ronalds St., requested Council consideration of a two-week pass to new mothers leaving the hospital so they don't get tickets for not obeying the odd/even parking near their homes. Mary Gravitt, 2714 Wayne Ave., appeared regarding a problem with the registration software at the Senior Center and problems with addresses showing up as out of the City. A public hearing was held on a resolution amending the Comprehensive Plan - Southeast District Plan to change the land use designation from Multi-Family to Complete Description * REVISED 9/4/13 August 20, 2013 Page 3 Commercial for property located at the northwest corner of the intersection of Muscatine Avenue and Scott Boulevard (CPA13-00002). PCD Dir. Davidson presented a power point concerning both items 4a and 4b. The Mayor requested Council Members report and ex parte communications and none were reported. The following individuals appeared: John Hieronymus, 3322 Muscatine Ave., presented a power point; Colby * Jones, Kumi & Go, presented a power point; Kelly Beckler, MMS Consultants, presented a power point; Atty. Mike Pugh, representing Kumi & Go; Ron Erwin, 1146 Hampton Ct.; Roger Knight, Jr.; Deb McAlister, 1123 Hampton Ct.; Ralph Unstill, 1121 Gilbert Ct.; Ken Johnson, 3116 Maplewood Lane, presented a power point; Mary Gravitt, 2714 Wayne Ave.; Margie Yoder, 1161 Hampton Ct.; Desiree Gissing, 2128 S. Riverside Dr.; Todd Shepherd, 1147 Hampton Ct.; and David Stich, 1158 Hampton Ct. Individual Council Members expressed their views. Moved by Dobyns, seconded by Payne, to adopt a resolution to amend 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). Individual Council Members expressed their views. The Mayor declared the resolution defeated unanimously 0/7. A public hearing was held on an ordinance 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). The Mayor requested Council Members report and ex parte communications and none were reported. John Hieronymus, 3322 Muscatine Ave., appeared. Moved by Mims, seconded by Payne, that the ordinance to rezone 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), be given first vote. The Mayor declared the motion defeated unanimously 0/7. A public hearing was held on an ordinance 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). The Mayor requested Council Members disclose any ex parte communications and Council Member Dobyns and Mayor Hayek reported. PCD Dir. Davidson presented a power point. The following individuals appeared: Ed Wasserman, 555 N. First Ave., presented a power point; Walter Seaman, 551 N. First Ave.; Applicant Jeff Miller; and Jim Buddenbaum, 557 N. First Ave. City Engr. Knoche present for discussion. Individual Council Members expressed their views. Moved by Mims, seconded by Champion, that the ordinance conditionally rezoning 1.05 acres of land located on north 1st Avenue from Low Density Multi-Family (RM-12) Zone to Planned Development Overlay/Low Density Multi-Family (OPD/RM-12) Zone (REZ13-00004), be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Hayek, Mims, Payne, Throgmorton, Champion, Dickens. Nays: Dobyns. Moved by Champion, seconded by Payne, that correspondence be received from: Shirley Thompson, James Burke, Sandra and Tom Bauer (2), Connie Smith, Marina Ivanovic, James and Helene Mossman, James and Judy Buddenbaum, E.A. Wasserman (4), Elizabeth Christiansen (2), Linda Waddle, Complete Description August 20, 2013 Page 3 Commercial for property located at the northwest corner of the intersection of Muscatine Avenue and Scott Boulevard (CPA13-00002). PCD Dir. Davidson prese- ed a power point concerning both items 4a and 4b. The Mayor requested Council M:mbers report and ex parte communications and none were reported. The following ins ividuals appeared: John Hieronymus, 3322 Muscatine Ave., presented a powe point; Colby Jones, Kumi & Go, presented a power point; Kelly Beckler, MMC Co►sultants, presented a power point; Atty. Mike Pugh, representing Kumi & Go. on Erwin, 1146 Hampton Ct.; Roger Knight, Jr.; Deb McAlister, 1123 Hampton Ct. Ralph Unstill, 1121 Gilbert Ct.; Ken Johnson, 3116 Maplewood Lane, presented a p• er point; Mary Gravitt, 2714 Way e Ave.; Margie Yoder, 1161 Hampton Ct.; D -siree Gissing, 2128 S. Riverside Dr.; Todd Shepherd, 1147 Hampton Ct.; and David :tich, 1158 Hampton Ct. Individual Council M:mbers expressed their views. Moved by Dobyns, econded by Payne, to adopt a reso tion to amend the Comprehensive Plan - ' •utheast District Plan to change b e land use designation from Multi-Family to Commerc -I for property located at the no hwest corner of the intersection of Muscatine A enue and Scott Boulevard PA13-00002). Individual Council Members expressed eir views. The Mayor d:Glared the resolution defeated unanimously 0/7. A public hearing was held on -n ordinance rezo g 0.85-acres from Low Density Single-Family (RS-5) Zone and 2.: -acres from Lo Density Multi Family (RM-12) Zone to Community Commercial (CC-2) Z• e for prope' y located north of Muscatine Avenue, west of Scott Boulevard (REZ13-000 • . The M.-yor requested Council Members report and ex parte communications and none ere r-sorted. John Hieronymus, 3322 Muscatine Ave., appeared. Moved by Mims, seconded by Payne, th- the ordinance to rezone 0.85-acres from Low Density Single-Family (RS-5) Zone an. :7-acres from Low Density Multi Family (RM-12) Zone to Community Commercial C- Zone for property located north of Muscatine Avenue, west of Scott Boulev. d (RE=13-00012), be given first vote. The Mayor declared the motion defeated un- imously I . A public hearing was held on an or.' ance condit •nally rezoning property from Low Density Multi-Family (RM-12) Zone to •lanned Develo• ent Overlay/Low Density Multi- Family (OPD/RM-12) Zone located o, First Avenue, no of Rochester Avenue (REZ13-00004). The Mayor request-d Council Members . close any ex parte communications and Council Mem er Dobyns and Mayor : ek reported. PCD Dir. Davidson presented a power poin . The following individuals : •peared: Ed Wasserman, 555 N. First Ave., p esented a power point; Waite Seaman, 551 N. First Ave.; Applicant Jeff Miller; and m Buddenbaum, 557 N. First A -. City Engr. Knoche present for discussion. Individ .I Council Members expressed the! views. Moved by Mims, seconde' by Champion, that the ordinance con,itionally rezoning 1.05 acres of land located o north 1st Avenue from Low Density Multi amily (RM-12) Zone to Planned Developm nt Overlay/Low Density Multi-Family (OPD 'M-12) Zone (REZ13-00004), be given rst vote. The Mayor declared the motion carried, 6/1, with the following division • •II call vote. Ayes: Hayek, Mims, Payne, Throgmorton, Champion, Dickens. Nays: Dobyns. Moved by Champion, seconded by Payne, that correspondence be received from: Shirley Thompson, James Burke, Sandra and Tom Bauer (2), Connie Smith, Marina Ivanovic, James and Helene Mossman, James and Judy Buddenbaum, E.A. Wasserman (4), Elizabeth Christiansen (2), Linda Waddle, S Complete Description August 20, 2013 Page 4 Edith Pierce-Thomas (2), Walter Seamon (2), Cheryl Ridgeway, Susan Forde (2), Mary Gilbert (2), Mary and Jay Stein, Volker Thomas, Bob Vandenbosch. A public hearing was held on an ordinance amending Title 14: Zoning to broaden the uses allowed in the Intensive Commercial (CI-1) Zone. PCD Dir. Davidson presented a power point. Individual Council Members expressed their views. Moved by Mims, seconded Payne, by that the ordinance amending Title 14: Zoning to broaden the uses allowed in the Intensive Commercial (CI-1) Zone, be given first vote. A public hearing was held on an ordinance amending Title 14: Zoning to delete the specific street width requirement for daycare uses, general educational facilities, and religious/private group assembly uses. PCD Dir. Davidson presented a power point. Moved by Payne, seconded by Dobyns, that the ordinance amending Title 14: Zoning Code to delete the specific street width requirement for daycare uses, general educational facilities, and religious/private group assembly uses, be given first vote. Moved by Payne, seconded by Dickens, that the ordinance conditionally rezoning 7.13 acres of property located at 2845 Mormon Trek Blvd in the Intensive Commercial (CI-1) Zone (REZ13-00018), be given second vote. Liz Maas, 620 Ronalds St., appeared. Moved by Mims, seconded by Champion, 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. 13-4541, CONDITIONALLY REZONING APPROXIMATELY 1.12 ACRES OF PROPERTY, LOCATED SOUTH OF ROCHESTER AVENUE ON THE EAST SIDE OF EASTBURY DRIVE, FROM COMMUNITY COMMERCIAL (CC-2) ZONE MIXED USE (MU) REZ13-00016 be voted on for final passage at this time. O TO ), p PCD Dir. Davidson presented a power point Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Dickens, Dobyns, Hayek, Mims, Payne. Nays: Throgmorton. Moved by Mims, seconded by Champion, that the ordinance be finally adopted at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Dickens, Dobyns, Hayek, Mims, Payne. Nays: Throgmorton. Moved by Payne, seconded by Mims, to accept correspondence from Kelly Beckler. Moved by Mims, seconded by Champion, 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. 13-4542, 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, be voted on for final passage at this time. Moved by Mims, seconded by Payne, that the ordinance be finally adopted at this time. Moved by Mims, seconded by Dobyns, that ORD, 13-4543, AMENDING TITLE 14: ZONING CODE TO ALLOW SCHOOLS OF GENERALIZED INSTRUCTION BY SPECIAL EXCEPTION IN THE COMMUNITY COMMERCIAL (CC-2) ZONE, be passed and adopted. Complete Description August 20, 2013 Page 5 Moved by Payne, seconded by Dickens, that ORD. 13-4544, 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, be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. Nays: Mims. Moved by Dobyns, seconded by Payne, to adopt RES. 13-266, APPROVING THE PRELIMINARY PLAT for WALDEN WOOD PART 10, IOWA CITY, IOWA. PCD Dir. Davidson presented a power point. Moved by Payne, seconded by Dobyns, to accept correspondence from Erin Jordan. Moved by Dobyns, seconded by Payne, to adopt RES. 13-267, APPROVING THE PRELIMINARY PLAT FOR EASTBROOK FLATS ADDITION, IOWA CITY, IOWA. PCD Dir. Davidson presented a power point. Moved by Mims, seconded by Payne, to adopt RES. 13-268, APPROVING THE PRELIMINARY PLAT OF BROOKWOOD POINTE, THIRD TO FIFTH ADDITIONS, IOWA CITY, IOWA. PCD Dir. Davidson presented a power point. Moved by Champion, seconded by Payne, to defer to September 3rd a resolution approving final plat of Brookwood Pointe Part 3 Addition (SUB13-00009). A public hearing was held on a resolution authorizing conveyance of a single family home located at 416 South Governor Street. No one appeared. Moved by Mims, seconded by Dobyns, to adopt RES. 13-269, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 416 SOUTH GOVERNOR STREET. A public hearing was held on a resolution authorizing conveyance of a single family home located at 661 South Governor Street. No one appeared. Moved by Throgmorton, seconded by Payne, to adopt RES. 13-270, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 661 SOUTH GOVERNOR STREET. A public hearing was held on a resolution 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. No one appeared. Moved by Champion, seconded by Payne, to adopt RES. 13-271, 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. Moved by Mims, seconded by Champion, that the ordinance 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, be given first vote. Moved by Mims, seconded by Payne, that the ordinance 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, be given first vote. Asst. to the City Manager Fruin presented a power point. The following individuals appeared: Catherine Phillips, 34 Samuel Dr.; Jeffrey Hacker; Nancy Bird, rep. Downtown District, Complete Description August 20, 2013 . Page 6 14 '/z S. Clinton St.; Caroline Dieterle, 727 Walnut St.; Rev. Michael Langer, 2115 Abbey Lane; Rick Webber; Karen Kubby; Garry Klein, 628 Second Ave.; Crissy Canganelli, Shelter House Dir.; Bill Nusser, President of the Downtown District; Kathy Ingram, 8 Wrexham Dr.; Jennifer Marsh, 1172 Foster Road; and Brandon Ross, 1822 Rochester Ave. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Payne, Champion, Dickens, Dobyns, Hayek, Mims. Nays: Throgmorton. Moved by Mims, seconded by Dobyns, to accept correspondence from Amy Van Epps. Moved by Payne, seconded by Dickens, that ORD. 13-4545, 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, be passed and adopted. Moved by Mims, seconded by Payne, that the ordinance 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 charges, be given second vote. Moved by Mims, seconded by Payne, to appoint Mazahir Salik, 2507 Whispering Prairie Avenue, to the Police Citizens Review Board for a four-year term September 1, 2013 — September 1, 2017. The Mayor noted the following vacancies on Boards and Commissions 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; 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.] The Mayor noted a previously announced vacancy to the Public Art Advisory Committee for 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. Applications must be received by 5:00 p.m., Wednesday, August 28, 2013; Historic Preservation Commission for a Northside District representative, for an unexpired term, effective upon appointment, ending March 29, 2014. Applications must be received by 5:00 p.m., Wednesday, September 11, 2013. The Mayor noted the current vacancy to the Human Rights Commission for an unexpired term, effective upon appointment, plus a three-year term ending January 1, 2017. Applications must be received by 5:00 p.m., Wednesday, September 25, 2013. Moved by Payne, seconded by Throgmorton, to accept correspondence from Daniel Tallon. Council Member Dickens noted the fundraiser Saturday evening, the 24th, "Men Who Cook" for the Pathways Adult Daycare. Mayor Hayek reminded everyone of the grand opening of Terry Trueblood Recreation Area scheduled Saturday, the 24th; and thanked City staff, especially Public Works, for their response to the water main break on Washington Street. Complete Description August 20, 2013 Page 7 Mayor Pro tern Mims thanked City staff, the University of Iowa, and IDOT for their efforts to secure signage for incoming students moving to the University this fall. Moved by Mims, seconded by Payne, to adjourn regular meeting at 11:55 p.m. Matthew J. Hay , Mayor Mari K. Karr, City Clerk wir ®fr� CITY OF IOWA CITY MEMORANDUM Date: August 13, 2013 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, August 6, 2013, 5:24 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton UISG: Absent o� 08 -20 -13 2a(l) Staff: Markus, Fruin, Bentley, Dilkes, Karr, Fosse, Gannon, Davidson, Bentley, O'Brien, Knoche, Scott A transcription and power points are available in the City Clerk's Office and the City website. QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS 1. (Consent Calendar # 2d(5) —100 block of East Washington Street ... consultant agreement ... HDR Engineering for a master plan study) In response to Council Member Throgmorton, PCD Dir. Davidson stated the study has been expanded to include all major property owners in the block; and that the study would be available for the general public to view once completed. 2. (Consent Calendar # 2d(6) — Normandy Drive Restoration...) Mayor Hayek stated the item would be removed and scheduled at a later time. 3. (Agenda item # 4c — zoning code amendment... Board of Adjustment ... special exception for a non - conforming use ...) In response to Council Member Payne, PCD Dir. Davidson explained the action would enable non - conforming use that is determined to be a positive influence on the neighborhood and reviewed on a case -by -case basis by the Board of Adjustment. 4. (Agenda item # 5 — Wild Prairie Estates Part Five Outlot ... amending the subdivider's agreement ... authorizing conveyance .... Dedication of a portion of outlot B ... as public open space ...) In response to Council Member Payne, PCD Davidson presented a power point. City Atty. Dilkes responded to questions. 5. (Consent Calendar # 2d(1) — CDBG Demolition Project ... accepting the work ...) In response to Mayor Pro tem Mims, City Engr. Knoche explained this was the final demolition of the homes purchased with the CDBG buy -out program. 6. (Agenda item # 7 — solid waste collection fees ...... to increase or change residential solid waste collection fees) In response to Council Member Throgmorton, City Manager Markus stated staff would be present to address questions at the formal meeting. (continued after appointments) COUNCIL APPOINTMENTS (Agenda # 11) Board of Adjustment — Constance Goeb Council Work Session August 6, 2013 Page 2 QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS (continued) 7. (Agenda item # 7 — solid waste collection fees ...... to increase or change residential solid waste collection fees) In response to Council Member Throgmorton, Finance Director Bockenstedt outlined the increases and noted it had been three years since the last increase. City Manager Markus stated the increases were the same as outlined in the approved budget. REVIEW STAFF OPTIONS REGARDING HALF PRICED FARES AND SUNDAY SERVICE FOR PARATRANSIT USERS (SEATS) [IP3, 4 of 8/1 Info Packet) Transportation Service Dir. O'Brien presented a power point. After discussion a majority of Council directed staff to: Phase out half fare ➢ Maintain half fare through June 30, 2014 ➢ Increase to 3/4 fare on July 1, 2014 ➢ Increase to full fare on January 1, 2015 ➢ Any fixed route fare increases will also effect paratransit fare Phase out Sunday service ➢ Maintain Sunday service through December 31, 2013 ➢ Allow time for private entities, non - profit agencies and churches to assist Maintain door to door service ACTION: Proceed as outlined. (O'Brien) STAFF REVIEW IF LANDFILL ALTERNATIVE TECHNOLOGIES Public Works Director presented a power point. ACTION: Proceed as directed. (Fosse) INFORMATION PACKET DISCUSSION r July 25, August 11 July 25 1. (IP # 5 — Memo from the Special Projects Adm. — Gateway Project ...) Council Member Payne suggested a separate work session to schedule in order to have a full discussion of the project. PW Dir. Fosse indicated that materials will be sent out in advance of the two scheduled discussions. Majority agreed to proceed as outlined and evaluate the need for additional meetings, possibly an earlier start time, and /or continuing discussion beyond the two scheduled sessions. Auqust 1 1. (IP # 7 — Memo from Police Capt ....juvenile justice certified program ... Georgetown University Training) Mayor Pro tem Mims stated she was pleased to see staff participation in the program, and Council Member Throgmorton praised the Chief and staff for their involvement. 2. (IP # 9 — Memo form Transportation Planner ... Bicycle Friendly Community Feedback Report) Mayor Hayek acknowledged the memo and the fact the Iowa City is the first in the state to receive the Silver Level designation. 3. (IP # 10 - ... press release ... USPS to host public meeting ...) Mayor Pro tern Mims mentioned she would attend the meeting scheduled in Harvat Hall on August 7 regarding a proposed relocation of the Post Office. Mayor Hayek stated he would be attending and would also mention at the formal meeting. Council Work Session August 6, 2013 Page 3 COUNCIL TIME AND MEETING SCHEDULE 1. Council Member Throgmorton reported on a YouTube video of Jeff Speck, author of a book "Walkable City ", speaking about place making, and encouraged people to watch the 50 minute video. 2. Mayor Hayek confirmed the KXIC schedule as follows: August 7 — Champion August 14 — Dobyns August 21- Throgmorton PENDING WORK SESSION TOPICS fIP # 5 of 8/1 Info Packet] None UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS 1. Mayor Hayek noted the Creative Corridors invitation with regard to Diversity Focus on August 20. City Manager Markus indicated staff would be attending. 2. City Clerk reminded Council Members to let her know if they would be attending the Iowa City Area Development (ICAD) annual meeting and banquet on August 29. Meeting adjourned 6:40 PM. 08!..� Subject to change as finalized by the City Clerk. For a final official 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 — 8/6/13 Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded to adjourn to executive session: to discuss strategy with counsel in matters where litigation is pending and imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn special meeting 5:23 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 Submitted for publication — 8/13/13. Subject to change as finalized by the City Clerk. For a final official 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 — 8/6/13 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. 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 Item 2e(6) a resolution setting a public hearing on plans and specifications for the construction of the Normandy Drive Restoration Project Phase II: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: July 23 Council Work Session; July 23 Council Special Formal Official & Complete (x2); July 31 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 — June 20; Board of Library Trustees — June 27; Parks and Recreation Commission — May 8; Planning and Zoning Commission — June 20; Senior Center Commission — May 16; Telecommunications Commission — June 24. Permit Motions and Resolutions as Recommended by the City Clerk: (Renewal) Class C Liquor License for Orchard Green Restaurant, 521 S. Gilbert St.; Class C Liquor License for One Twenty Six, 126 E. Washington St.; Class C Liquor License for ARAMARK @ACT, 500 ACT Dr.; Class C Liquor License for 2 Dogs Pub, 1705 S. First Ave.; Class C Beer Permit for L & M Mighty Shop, 504 E. Burlington St. RES. 13 -13 -247, TO ISSUE CIGARETTE PERMIT to Earthly Escape, 114Y2 E. College St. #5; Outdoor Service Area for the Bandits, LLC, dba El Banditos, 327 E. Market St. Resolutions and Motions: RES. 13 -248, ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT - CONTRACT #7; RES. 13 -249, ACCEPTING THE WORK FOR THE COURT HILL TRAIL - PHASE THREE NRT- 3715(649) - -9G- 52 PROJECT; RES. 13 -250, AUTHORIZING APPLICATIONS FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM (TSIP) FUNDS BY THE CITY OF IOWA CITY; Approving disbursements in the amount of $30,035,961.95 for the period of June 1 through June 30, 2013, as recommended by the Finance Director subject to audit; RES. 13 -251, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONSULTANT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HDR ENGINEERING FOR A MASTER PLAN STUDY OF THE 100 BLOCK OF EAST WASHINGTON STREET. Setting Public Hearings: RES. 13 -252, SETTING PUBLIC HEARING FOR AUGUST 20, 2013, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 416 SOUTH GOVERNOR STREET; RES. 13 -253, SETTING PUBLIC HEARING FOR AUGUST 20, 2013, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 661 SOUTH GOVERNOR STREET; Setting a public hearing for August 20, on an ordinance 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); Setting a public hearing for August 20, on an ordinance Official Actions August 6, 2013 Page 2 amending Title 14: zoning to broaden the uses allowed in the Intensive Commercial (CI -1) Zone; setting a public hearing for August 20, on an ordinance amending Title 14: Zoning to delete the specific street width requirement for daycare uses, general educational facilities, and religious /private group assembly uses; RES. 13 -254, INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF AUDITOR'S PARCEL 2013030 TO BFDJ HOLDINGS, L.L.C. AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR AUGUST 20, 2013. Correspondence: Mary Gilbert regarding Protest of Rezoning, N. First Avenue (REZ 13- 00004); Marjorie Wilhite; Joy Eyman regarding The Gateway Project; Acting Traffic Engineering Planner regarding Install (2) YIELD signs on Pinto Lane at the intersection of Whispering Meadow Drive and install (2) YIELD signs on Blazing Star Drive at the intersection of Pinto Lane; Acting Traffic Engineering Planner regarding Install (2) YIELD signs on Westminster Street at the intersection of Teton Circle; Acting Traffic Engineering Planner regarding Install (1) STOP sign on Preston Lane at the intersection of Camp Cardinal Boulevard and (1) YIELD sign on Preston Lane at the intersection of Ryan Court; Nancy Ostrogani regarding SEATS; Christopher Gilstrap regarding Move to Iowa City District A [Staff response included]. Anthony Browne presented Council with his appellate brief regarding use by mobile vendors, and acknowledged City Clerk staff for their assistance. Moved and seconded to accept the brief. Mary Gravitt, 2714 Wayne Ave. #6, appeared regarding quality of life issues including: use of public sidewalk for private commercial uses; pedestrian safety on Washington Street from Clinton to Madison; and requested a uniformed police officer and dog stationed downtown near the Mall. Kira Stoller, 713 N. Lucas St., representing Iowa City Our Power, presented information on the Iowa City Summer of Solutions Program. Brandon Ross, 1822 Rochester Ave., requested Council consider more discussion regarding environmental concerns and affordable housing. A public hearing was held on an ordinance conditionally rezoning 7.13 acres of property located at 2845 Mormon Trek Blvd in the Intensive Commercial (CI -1) Zone. (REZ13- 00018).Nate Herbst, H &R Construction, appeared. Moved and seconded that the ordinance conditionally rezoning 7.13 acres of property located at 2845 Mormon Trek Blvd in the Intensive Commercial (CI -1) Zone (REZ13- 00018), be given first vote. A public hearing was held on an ordinance conditionally rezoning 1.12 acres of property from Community Commercial (CC -2) Zone to Mixed Use (MU) Zone located on Eastbury Drive north of Middlebury Road (REZ13- 00016). Pat Barten, developer and contractor representative, appeared. Moved and seconded that the ordinance conditionally rezoning approximately 1.12 acres of property, located south of Rochester Avenue on the east side of Eastbury Drive, from Community Commercial (CC -2) Zone to Mixed Use (MU) (REZ13- 00016) (Olde Towne Village), be given first vote. The Mayor declared the motion carried, 6/1. A public hearing was held on an ordinance 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. Mike Hartley, 1126 Sheridan Ave., appeared. Moved and seconded that the ordinance amending Title 14: Zoning Code to allow the Board of Adjustment to grant a Special Exception for a non - conforming use or other Official Actions August 6, 2013 Page 3 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, be given first vote. 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. 13-4540, CONDITIONALLY REZONING 2.3 ACRES OF LAND LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 1 AND SUNSET STREET IN THE INTENSIVE COMMERCIAL (CI -1) ZONE (REZ13- 00014), be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to accept correspondence from David Larsen. Moved and seconded that the ordinance amending Title 14: Zoning Code to allow schools of generalized instruction by special exception in the Community Commercial (CC -2) Zone, be given second vote. Moved and seconded that the ordinance 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, be given second vote. The Mayor declared the motion carried, 6/1. Moved and seconded to adopt RES. 13 -255, EXTENDING THE TERM FOR A PRELIMINARY PLAT OF STONE BRIDGE ESTATES, PART 10, IOWA CITY, IOWA. Moved and seconded to accept correspondence from Duane Musser. A public hearing was held on a resolution amending the subdivider's agreement for Wild Prairie Estates, Part Five, authorizing the conveying of Auditor's Parcel 2013038, and accepting the dedication of a portion of Outlot B, in said subdivision as public open space. Moved and seconded to adopt RES. 13 -256, AMENDING THE SUBDIVIDER'S AGREEMENT FOR WILD PRAIRIE ESTATES, PART FIVE, AUTHORIZING THE CONVEYING OF AUDITOR'S PARCEL 2013038, AND ACCEPTING THE DEDICATION OF A PORTION OF OUTLOT B, IN SAID SUBDIVISION AS PUBLIC OPEN SPACE. A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City and Gary J. Harapat for Lot 9 of the North Airport Development Subdivision and authorizing conveyance in accordance therewith. Moved and seconded to adopt RES. 13 -257, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GARY J. HARAPAT FOR LOT 9 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. A public hearing was held on an ordinance 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. Moved and seconded that the ordinance 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, be given first vote. Moved and seconded that the ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, Persons under the Legal Age in Official Actions August 6, 2Q13 Page 4 licensed or permitted establishments, Subsection B, to modify the calculation of ticket sales for exception certificate purposes, be given second vote. Moved and seconded to adopt RES. 13 -258, AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF WHETHER TO REPEAL ORDINANCE NO. 10 -4388, WHICH AMENDED THE BAR ENTRY AGE FROM NINETEEN (19) YEARS OF AGE TO THE "LEGAL AGE ", WHICH IS CURRENTLY TWENTY -ONE (21) YEARS OF AGE, BEFORE THE QUALIFIED ELECTORS OF THE CITY OF IOWA CITY, IOWA AT THE REGULAR CITY ELECTION ON NOVEMBER 5, 2013. Moved and seconded to adopt a resolution in support of the current bar -entry age of twenty -one (21) after 10:00 p.m. and against the referendum seeking its repeal. Individual Council Members expressed their views, and noted possible confusion in the language of the resolution title. Moved and seconded to amend the title by deleting the words "the referendum seeking" and to adopt RES. 13 -259, IN SUPPORT OF THE CURRENT BAR -ENTRY AGE OF TWENTY -ONE (21) AFTER 10:00 P.M. AND AGAINST ITS REPEAL. Moved and seconded to adopt RES. 13 -260 APPROVING A CONFIDENTIALITY AGREEMENT FOR A SETTLEMENT CONFERENCE REGARDING IMMINENT LITIGATION, regarding the Iowa City Landfill fire. Moved and seconded to appoint Constance Goeb, 145 Oakridge Avenue, to the Board of Adjustment for an unexpired term, effective upon appointment, ending January 1, 2015. 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.] 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; Historic Preservation Commission for a Jefferson St. representative to fill three -year terms, March 29, 2013 — March 29, 2016 (New District formed); Police Citizens Review Board for a four -year term September 1, 2013 — September 1, 2017. Applications must be received by 5:00 p.m., Wednesday, August 14, 2013; Public Art Advisory Committee for 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. Applications must be received by 5:00 p.m., Wednesday, August 28, 2013. The Mayor noted the current vacancy for Historic Preservation Commission for a Northside District representative, for an unexpired term, effective upon appointment, ending March 29, 2014. Applications must be received by 5:00 p.m., Wednesday, September 11, 2013. Moved and seconded to accept correspondence from Dana Thomann. Moved and seconded to adjourn meeting at 8:32 p.m. A more complete description of Council Activities and disbursements is on file in the office of the City Clerk and Finance Department. s /Matthew J. Hayek, Mayor s /Marian K. Karr, City Clerk �.� ,� p, Submitted for publication — 8/14/13. 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 AUGUST 6, 2013 Iowa City City Council special meeting, 5:00 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, Fosse, Davidson, Bockenstedt, Knoche, Gannon. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Mims, to adjourn to executive session: to discuss strategy with counsel in matters where litigation is pending and imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried and adjourned into executive session 5:01 p.m. Council returned to open session 5:22 p.m. Moved by Mims, seconded by Dobyns, to adjourn special meeting 5:23 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk 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 AUGUST 6, 2013 Iowa City City Council regular 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, Davidson, Bentley, Bockenstedt, Fosse, Tharp. 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 and to delete from the Consent Calendar Item 2e(6) a resolution setting a public hearing on plans and specifications for the construction of the Normandy Drive Restoration Project Phase II: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: July 23 Council Work Session; July 23 Council Special Formal Official & Complete (x2); July 31 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 — June 20; Board of Library Trustees — June 27; Parks and Recreation Commission — May 8; Planning and Zoning Commission — June 20; Senior Center Commission — May 16; Telecommunications Commission — June 24. Permit Motions and Resolutions as Recommended by the City Clerk: (Renewal) Class C Liquor License for Orchard Green, Inc., dba Orchard Green Restaurant, 521 S. Gilbert St.; Class C Liquor License for Chackalackal, Inc., dba One Twenty Six, 126 E. Washington St.; Class C Liquor License for ARAMARK Corporation dba ARAMARK @ACT, 500 ACT Dr.; Class C Liquor License for Eckhardt Management, dba 2 Dogs Pub, 1705 S. First Ave.; Class C Beer Permit for L& M Mighty Shop, Inc., dba L & M Mighty Shop, 504 E. Burlington St. RES. 13 -13 -247, TO ISSUE CIGARETTE PERMIT to Earthly Escape, LLC dba Earthly Escape, 114'/ E. College St. #5; Outdoor Service Area for the Bandits, LLC, dba El Banditos, 327 E. Market St. Resolutions and Motions: RES. 13 -248, ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT - CONTRACT #7; RES. 13 -249, ACCEPTING THE WORK FOR THE COURT HILL TRAIL - PHASE THREE NRT- 3715(649) - -9G- 52 PROJECT; RES. 13 -250, AUTHORIZING APPLICATIONS FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM (TSIP) FUNDS BY THE CITY OF IOWA CITY; Approving disbursements in the amount of $30,035,961.95 for the period of June 1 through June 30, 2013, as recommended by the Finance Director subject to audit; RES. 13 -251, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONSULTANT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HDR ENGINEERING FOR A MASTER PLAN STUDY OF THE 100 BLOCK OF EAST WASHINGTON STREET. Setting Public Hearings: RES. 13 -252, SETTING PUBLIC HEARING FOR AUGUST 20, 2013, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 416 SOUTH GOVERNOR STREET; RES. 13 -253, SETTING PUBLIC HEARING FOR AUGUST 20, 2013, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 661 SOUTH GOVERNOR STREET; Setting a public Complete Description August 6, 2013 Page 2 hearing for August 20, on an ordinance 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); Setting a public hearing for August 20, on an ordinance amending Title 14: zoning to broaden the uses allowed in the Intensive Commercial (CI -1) Zone; setting a public hearing for August 20, on an ordinance amending Title 14: Zoning to delete the specific street width requirement for daycare uses, general educational facilities, and religious /private group assembly uses; RES. 13 -254, INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF AUDITOR'S PARCEL 2013030 TO BFDJ HOLDINGS, L.L.C. AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR AUGUST 20, 2013. Correspondence: Mary Gilbert regarding Protest of Rezoning, N. First Avenue (REZ 13- 00004); Marjorie Wilhite; Joy Eyman regarding The Gateway Project; Acting Traffic Engineering Planner regarding Install (2) YIELD signs on Pinto Lane at the intersection of Whispering Meadow Drive and install (2) YIELD signs on Blazing Star Drive at the intersection of Pinto Lane; Acting Traffic Engineering Planner regarding Install (2) YIELD signs on Westminster Street at the intersection of Teton Circle; Acting Traffic Engineering Planner regarding Install (1) STOP sign on Preston Lane at the intersection of Camp Cardinal Boulevard and (1) YIELD sign on Preston Lane at the intersection of Ryan Court; Nancy Ostrogani regarding SEATS; Christopher Gilstrap regarding Move to Iowa City District A [Staff response included]. Anthony Browne presented Council with his appellate brief regarding use by mobile vendors, and acknowledged City Clerk staff for their assistance. Moved by Throgmorton, seconded by Champion, to accept the brief. Mary Gravitt, 2714 Wayne Ave. #6, appeared regarding quality of life issues including: use of public sidewalk for private commercial uses; pedestrian safety on Washington Street from Clinton to Madison; and requested a uniformed police officer and dog stationed downtown near the Mall. Kira Stoller, 713 N. Lucas St., representing Iowa City Our Power, presented information on the Iowa City Summer of Solutions Program. Brandon Ross, 1822 Rochester Ave., requested Council consider more discussion regarding environmental concerns and affordable housing. A public hearing was held on an ordinance conditionally rezoning 7.13 acres of property located at 2845 Mormon Trek Blvd in the Intensive Commercial (CI -1) Zone. (REZ13- 00018) (Billion Auto). The Mayor asked Council Members to report any ex parte communications and none were reported. PCD Dir. Davidson presented a power point. Nate Herbst, H &R Construction, appeared. Individual Council Members expressed their views, and requested the Environmental expert Maas be present for discussion prior to adoption. Moved by Dobyns, seconded by Dickens, that the ordinance conditionally rezoning 7.13 acres of property located at 2845 Mormon Trek Blvd in the Intensive Commercial (CI -1) Zone. (REZ13- 00018) (Billion Auto), be given first vote. A public hearing was held on an ordinance conditionally rezoning 1.12 acres of property from Community Commercial (CC -2) Zone to Mixed Use (MU) Zone located on Eastbury Drive north of Middlebury Road (REZ13- 00016) (Olde Towne Village). The Mayor asked Council Members to report any ex parte communications and none were reported. PCD Dir. Davidson presented a power point. Pat Barten, developer and contractor representative, appeared. Council Members expressed their views. Complete Description August 6, 2013 Page 3 Moved by Dobyns, seconded by Payne, that the ordinance conditionally rezoning approximately 1.12 acres of property, located south of Rochester Avenue on the east side of Eastbury Drive, from Community Commercial (CC -2) Zone to Mixed Use (MU) (REZ13- 00016) (Olde Towne Village), be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Dobyns, Hayek, Mims, Payne, Champion, Dickens. Nays: Throgmorton. A public hearing was held on an ordinance 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. PCD Dir. Davidson present for discussion. Mike Hartley, 1126 Sheridan Ave., appeared. Moved by Dobyns, seconded by Mims, that the ordinance 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, be given first vote. Moved by Mims, seconded by Champion, 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 -4540, CONDITIONALLY REZONING 2.3 ACRES OF LAND LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 1 AND SUNSET STREET IN THE INTENSIVE COMMERCIAL (CI -1) ZONE (REZ13- 00014), be voted on for final passage at this time. The Mayor asked Council Members to report any ex parte communications and none were reported. Moved by Mims, seconded by Dickens, that the ordinance be finally adopted at this time. Moved by Mims, seconded by Payne, to accept correspondence from David Larsen. Moved by Payne, seconded by Dickens, that the ordinance amending Title 14: Zoning Code to allow schools of generalized instruction by special exception in the Community Commercial (CC -2) Zone, be given second vote. Moved by Payne, seconded by Dickens, that the ordinance 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, be given second vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Dickens, Dobyns, Hayek, Payne, Throgmorton. Nays: Mims. Moved by Mims, seconded by Payne, to adopt RES. 13 -255, EXTENDING THE TERM FOR A PRELIMINARY PLAT OF STONE BRIDGE ESTATES, PART 10, IOWA CITY, IOWA. PCD Dir. Davidson presented a power point. Moved by Champion, seconded by Dobyns, to accept correspondence from Duane Musser. A public hearing was held on a resolution amending the subdivider's agreement for Wild Prairie Estates, Part Five, authorizing the conveying of Auditor's Parcel 2013038, and accepting the dedication of a portion of Outlot B, in said subdivision as public open space. No one appeared. Moved by Payne, seconded by Dickens, to adopt RES. 13 -256, AMENDING THE SUBDIVIDER'S AGREEMENT FOR WILD PRAIRIE ESTATES, PART FIVE, AUTHORIZING THE CONVEYING OF AUDITOR'S PARCEL 2013038, AND ACCEPTING THE DEDICATION OF A PORTION OF OUTLOT B, IN SAID SUBDIVISION AS PUBLIC OPEN SPACE. Complete Description August 6, 2013 Page 4 A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City and Gary J. Harapat for Lot 9 of the North Airport Development Subdivision and authorizing conveyance in accordance therewith. No one appeared. Moved by Mims, seconded by Payne, to adopt RES. 13 -257, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GARY J. HARAPAT FOR LOT 9 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. A public hearing was held on an ordinance 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. Finance Dir. Bockenstedt present for discussion. Moved by Mims, seconded by Dobyns, that the ordinance 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, be given first vote. Moved by Payne, seconded by Mims, that the ordinance 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, be given second vote. Moved by Mims, seconded by Payne, to adopt RES. 13 -258, AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF WHETHER TO REPEAL ORDINANCE NO. 10 -4388, WHICH AMENDED THE BAR ENTRY AGE FROM NINETEEN (19) YEARS OF AGE TO THE "LEGAL AGE ", WHICH IS CURRENTLY TWENTY -ONE (21) YEARS OF AGE, BEFORE THE QUALIFIED ELECTORS OF THE CITY OF IOWA CITY, IOWA AT THE REGULAR CITY ELECTION ON NOVEMBER 5, 2013. Individual Council Members expressed their views. Moved by Throgmorton, seconded by Dobyns, to adopt a resolution in support of the current bar -entry age of twenty -one (21) after 10:00 p.m. and against the referendum seeking its repeal. Individual Council Members expressed their views, and noted possible confusion in the language of the resolution title. Moved by Throgmorton, seconded by Dobyns, to amend the title by deleting the words "the referendum seeking" and to adopt RES. 13 -259, IN SUPPORT OF THE CURRENT BAR -ENTRY AGE OF TWENTY -ONE (21) AFTER 10:00 P.M. AND AGAINST ITS REPEAL. Moved by Champion, seconded by Mims, to adopt RES. 13 -260 APPROVING A CONFIDENTIALITY AGREEMENT FOR A SETTLEMENT CONFERENCE REGARDING IMMINENT LITIGATION, regarding the Iowa City Landfill fire. Moved by Mims, seconded by Payne, to appoint Constance Goeb, 145 Oakridge Avenue, to the Board of Adjustment for an unexpired term, effective upon appointment, ending January 1, 2015. 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.] 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; Historic Preservation Commission for a Jefferson St. representative to fill three -year terms, March 29, 2013 — March 29, 2016 (New District Complete Description August 6, 2013. Page 5 formed); Police Citizens Review Board for a four -year term September 1, 2013 — September 1, 2017. Applications must be received by 5:00 p.m., Wednesday, August 14, 2013; Public Art Advisory Committee for 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. Applications must be received by 5:00 p.m., Wednesday, August 28, 2013. The Mayor noted the current vacancy for Historic Preservation Commission for a Northside District representative, for an unexpired term, effective upon appointment, ending March 29, 2014. Applications must be received by 5:00 p.m., Wednesday, September 11, 2013. Moved by Mims, seconded by Payne, to accept correspondence from Dana Thomann. Council Member Dickens thanked Andre Perry and the Englert Theater for the great shows and talent presented over the last month. Mayor Hayek noted the public meeting scheduled in Harvat Hall, 10:00 -11:00 a.m., August 7called by the United States Postal Service regarding their relocation to a smaller space nearby. Moved by Mims, seconded by Payne, to adjourn meeting at 8:32 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk