HomeMy WebLinkAbout2013-09-03 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
Iowa City == =�
City Council AgendaA�=Z'�
Regular Formal CITY IOWA CITY
September 3, 2013 - 7:00 p.m.
City Hall — Harvat Hall
410 E. Washington Street
www.icaov.orq
ITEM 1. CALL TO ORDER.
ITEM 1 a Roll Call
ITEM 2. PROCLAMATIONS
ITEM 2a Synthetic Drugs Awareness Week �6r�d
ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS R�TED O2rrR
AMENDED.
ITEM 3a. Approval of Council Actions, subject to corrections, as recommended
by the City Clerk:
ITEM 3a(1) August 20 Council Work Session
ITEM 3a(2) August 20 Council Sp Regular Official & Complete
ITEM 3b. Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
ITEM 3b(1) Board of Adjustment — July 10
ITEM 3b(2) Board of Library Trustees — July 25
ITEM 3b(3) Housing and Community Development Commission — June 20
ITEM 3b(4) Human Rights Commission — July 16
ITEM 3b(5) Police Citizens Review Board — July 8
ITEM 3c. Permit Motions and Resolutions as Recommended by the City Clerk.
(NEW)
ITEM 3c(1) Five Day Class C Liquor License for The Englert Civic Theatre, Inc., dba
The Englert Theatre, 221 E.. Washington St.
(Renewal)
ITEM 3c(2) Class C Beer Permit for Casey's Marketing Company, dba Casey's
GeneralStore #2781, 1410 Willow Creek Dr.
ITEM 3c(3) Class C Beer Permit for Casey's Marketing Company, dba Casey's
General Store #2761, 204 N Dubuque St.
ITEM 3c(4) Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow
Cafe, 160 N Linn St.
ITEM 3c(5) Class C Liquor License for Hall Place Ventures Corp., dba Airliner Bar, 22
S. Clinton St.
ITEM 3c(6) Outdoor Service Area for Kennedy Investments, Inc., dba The Vine
Tavern & Eatery, 330 E. Prentiss St.
ITEM 3c(7) Class C Liquor License for Short's Burger and Shine, LLC, dba Short's
Burger and Shine, 18 S. Clinton St.
September 3, 2013 City of Iowa City Page 2
ITEM 3c(8) Class C Liquor License for Gabe's Oasis, LLC, dba Gabe's, 330 E.
Washington St.
ITEM 3c(9) Outdoor Service Area for Gabe's Oasis, LLC, dba Gabe's, 330 E.
Washington St.
ITEM 3d.
ITEM 3d(1)
3 -- _-�- 7 J.-
ITEM 3d(2)
Resolutions and Motions:
BUDGETED POSITIONS WATER DIVISION - AMENDING THE
BUDGETED POSITION IN THE WATER DIVISION OF THE PUBLIC
WORKS DEPARTMENT AND THE AFSCME PAY PLAN BY DELETING
ONE FULL -TIME UTILITIES TECHNICIAN - WATER POSITION AND
ADDING ONE FULL -TIME WATER ENGINEER POSITION.
Comment: This resolution will amend the budgeted position in the Water
Division of the Public Works Department and the AFSCME pay plan by
deleting one full -time Utilities Technical — Water position and adding one
full -time Water Engineer position. The cost impact will be an increase of
approximately $7,000 for FY14 for salary and benefits.
STATE PURCHASING CONTRACT - AUTHORIZING THE
PROCUREMENT OF SEVEN POLICE PATROL UTILITY VEHICLES
Comment: This Resolution will approve the procurement of seven new
police patrol utility vehicles. The procurement is in accordance with the
State of Iowa purchasing contract and honors pricing from last fiscal year.
The purchase will be for $187,992.00, which exceeds the $150,000.00
spending authority of the City Manager, and so requires Council approval.
The number of Police Patrol vehicles to be replaced is predicted early in
the fiscal year and purchased at one time.
ITEM 3e. Setting Public Hearings:
ITEM 3e(1) REZONING WESTWINDS — MOTION SETTING A PUBLIC HEARING
FOR SEPTEMBER 17 ON AN ORDINANCE CONDITIONALLY
REZONING 1.31 ACRES LOCATED AT THE SOUTHWEST CORNER
OF THE INTERSECTION OF MELROSE AVENUE AND WESTWINDS
DRIVE FROM LOW DENSITY MULTI - FAMILY (RM -12) ZONE TO
PLANNED DEVELOPMENT OVERLAY /LOW DENSITY MULTI - FAMILY
(OPD -RM12) ZONE. (REZ13- 00019/SUB13- 00012)
Comment: At its August 15 meeting, by a vote of 7 -0, the Planning and
Zoning Commission recommended approval of a rezoning with conditions
regarding restoration of a stormwater detention facility, driveway and
parking easements, pedestrian access, and building design. Approval will
bring an existing duplex into compliance with the Code and allow
development of a 7 -unit apartment building. 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.
September 3, 2013 City of Iowa City Page 3
ITEM 3e(2) REZONING N. DODGE AND CONKLIN LANE — MOTION SETTING A
PUBLIC HEARING FOR SEPTEMBER 17 ON AN ORDINANCE
CONDITIONALLY REZONING APPROXIMATELY 2.19 ACRES
LOCATED EAST OF DODGE STREET, NORTH OF CONKLIN LANE,
AND WEST OF DODGE STREET COURT FROM COMMUNITY
COMMERCIAL (CC -2) TO LOW DENSITY MULTIFAMILY (RM -12).
(REZ13- 00020)
Comment: At its August 15 meeting, by a vote of 6 -1 (Theobald voting
no), the Planning and Zoning Commission recommended approval of this
rezoning with conditions regarding neighborhood compatibility and
building and site design, pedestrian access, stormwater drainage, and
improvements to Dodge Street Court. Approval will allow development of
a mixture of high- density single - family and low- density multi - family
housing. 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 3e(3) RIVERFRONT CROSSINGS CB2 ZONE — MOTION SETTING A
PUBLIC HEARING FOR SEPTEMBER 17 ON AN ORDINANCE
AMENDING TITLE 14: ZONING TO ALLOW ADDITIONAL BUILDING
HEIGHT AND FLOOR AREA, ALTERNATIVE GROUND FLOOR
TRANSPARENCY AND BUILDING ARTICULATION STANDARDS,
AND LOWER PARKING REQUIREMENTS FOR PROPERTIES ZONED
CENTRAL BUSINESS SUPPORT (CB -2) THAT ARE LOCATED IN THE
RIVERFRONT CROSSINGS DISTRICT.
Comment: At its August 15 meeting, by a vote of 7 -0, the Planning and
Zoning Commission recommended approval of this zoning code
amendment. Approval will allow Midwest One to redevelop the CB -2
property at the corner of Clinton and Harrison. 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 3e(4) AMENDING FY14 OPERATING BUDGET - SETTING A PUBLIC
HEARING FOR SEPTEMBER 17 ON A RESOLUTION AMENDING THE
/3— a-7, / FY2014 OPERATING BUDGET.
T Comment: This resolution sets a public hearing for September 17, 2013
to amend the FY2014 operating budget. Information will be available to
the public on Friday September 6, 2013.
September 3, 2013
ITEM 3e(5)
13 5
City of Iowa City Page 4
NORMANDY DRIVE RESTORATION - SETTING A PUBLIC HEARING
ON SEPTEMBER 17, 2013 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT 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 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 3f Correspondence:
ITEM 3f(1) Bailee McClellan: Food Scrap Collection. [Staff response included]
ITEM 3f(2) Tom Leist: City Park Beach? [Staff response included]
ITEM 3f(3) Steve Goetzelman: Dumpster Blocking the Sidewalk [Staff response
included]
ITEM 3f(4) Jason Hagedorn: Gateway Project
ITEM 3f(5) Traffic Engineering Planner: Installation of YIELD sign for westbound
traffic at the intersection of Phoenix Drive and Lake Shore Drive.
ITEM 3f(6) Traffic Engineering Planner: Installation of NO PARKING ANY TIME on
east and north sides of the 600 — 800 blocks of Tipperary Road.
ITEM 4
END OF CONSENT CALENDAR.
Action:
COMMUNITY COMMENT (ITEMS NOT ON TH
Community Comment will be contin
Information" item at the end of the meeti
AGENDA). [UNTIL 8 PM]
prior to "City Council
ued, if necessary,
ng agenda.
ITEM 5. PLANNING AND ZONING MATTERS. (In accordance with the City Attorney's
memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications ".
Council will discuss items #5a, b, e, f, g only at the formal meeting).
'1�
September 3, 2013 City of Iowa City Page 5
ITEM 5a PALISADES SUBDIVISION SENSITIVE AREAS PLAN - 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) [Discussion
only at formal meeting]
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.
1. PUBLIC HEARING
Action:o.>
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
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Action:
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,P ITEM 5b REZONING FIRST AND ROCHESTER — CONDITIONALLY REZONING
lye" 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) (SECOND CONSIDERATION)
[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. The applicant has requested expedited action and
correspondence is included in Council packet.
Action:
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ITEM 5c USES ALLOWED IN THE MERCIAL ZONE —
AMENDING TITLE 14: ZONING TO BROADEN THE USES ALLOWED IN THE
INTENSIVE COMMERCIAL (CIA) ZONE. (SECOND CONSIDERATION)
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D 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 CIA zone to include a number of
uses currently associated with the Community Commercial (CC -2) zone.
„QQ Action: e— v
September 3, 2013 City of Iowa City Page 6
ITEM 5d STREET PAVEMENT WIDTH REQUIREMENTS FOR 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.
(SECOND CONSIDERATION)
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.
Action: az 17er • 6/yk
ITEM 5e BILLION AUTO WETLAND AMENDMENT — CONDITIONALLY REZONING
_ 7.13 ACRES OF PROPERTY LOCATED AT 2845 MORMON TREK BLVD IN
LAP THE INTENSIVE COMMERCIAL (CI -1) ZONE. (REZ13- 00018) (PASS AND
ADOPT) [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:
ITEM 5f CONDITIONALLY REZONING ROBERTS DAIRY / HY -VEE GROCERY -
CONDITIONALLY REZONING APPROXIMATELY 7.79 ACRES OF LAND
y-7 LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF
NORTH DODGE STREET AND PRAIRIE DU CHIEN ROAD FROM MEDIUM
DENSITY SINGLE FAMILY (RS -8), NEIGHBORHOOD PUBLIC (P -1) AND
HIGHWAY COMMERCIAL (CH -1) TO PLANNED DEVELOPMENT OVERLAY -
COMMUNITY COMMERCIAL (OPD- CC -2). (REZ12- 00026) (PASS AND
ADOPT) [Discussion only at formal meeting]
Comment: At its December 6 meeting, by a vote of 6 -0 (Martin absent), the
Planning and Zoning Commission recommended approval with conditions to
address compatibility with the adjacent single family residential neighborhood. If
there is an indication that the Council will not accept the Planning and Zoning
Commission's recommendation an opportunity for a joint meeting with the
Council and the Commission is required. Staff recommended approval in a report
dated November 15, 2012. The proposed rezoning will allow the former Robert's
Dairy property to be redeveloped as a Hy -Vee grocery store, a convenience store
and gas station. This item was deferred indefinitely at the March 5, 2013 Council
meeting at the request of the applicant.
Action: �,�T. �.cr�� � "r G�,J
September 3, 2013 City of Iowa City Page 7
ITEM 5g VACATING THE RIGHT -OF -WAY ROBERTS DAIRY/ HY -VEE GROCERY -
VACATING THE RIGHT -OF -WAY FOR A PORTION OF ST. CLEMENT
STREET (VAC12- 00005). (PASS AND ADOPT) [Discussion only at formal
`t 7 meeting]
ITEM 5h
3 - a A�,
ITEM 5i
Comment: At its December 6 meeting, by a vote of 6 -0 (Martin absent), the
Planning and Zoning Commission recommended approval subject to relocation of
utilities or the retention of necessary easements and dedication of an alternative
street right -of -way. Staff recommended approval in a staff report dated November
15, 2012. This item was deferred indefinitely at the March 5, 2013 Council `
meeting at the request of the applicant. PA"'
"'
Action: �Lttiun a �J
PRELIMINARY PLAT ROBERTS DAIRY / HY -VEE - APPROVING THE
PRELIMINARY PLAT OF ROBERTS DAIRY ADDITION, IOWA CITY, IOWA.
(SUB12- 00012)
Comment: At its December 6 meeting, by a vote of 6 -0 (Martin Absent), the
Planning and Zoning Commission recommended approval. Staff recommended
approval in a report dated November 15. Approval will allow the development of
a 3 -lot, commercial subdivision on approximately 8.21 -acres of land located at
the northeast corner of the intersection of Prairie du Chien Road and Dodge
Street. This item was deferred indefinitely at the March 5, 2013 Council meeting
at the request of the applicant.
Action:
BROOKWOOD POINTE THIRD ADDITION - APPROVING FINAL PLAT.
(SUB13- 00009)
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 September 3rd 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. This item
was deferred from the August 20th formal meeting.
Action:
September 3, 2013 City of Iowa City Page 8
ITEM 6. 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. (SECOND
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.
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Action: �6�
ITEM 7. PERSONAL PRO EP RTY 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. (SECOND 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. A correction has
been made to the proposed ordinance clarifying that the exception to the prohibitions
on sitting and lying on the downtown sidewalks for festivals, parades and other such
activities does not apply to the prohibition on sitting or lying in the planters.
Correspondence included in Council packet.
Action:
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September 3, 2013 City of Iowa City Page 9
ITEM 8.
13 = 45 qq
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. (PASS AND
ADOPT)
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
rec clin The last solid waste fee increase was effective October 1 2010 This fee
Y 9 I I I -`J
increase will be effective October 1, 2013 for everything except yard waste stickers,
which will be effective April 1, 2014.
-
Action: Cz!b 17 P 4' O
ITEM 9. RECOMMENDATIONS REGARDING POLICE CITIZENS REVIEW - AMENDING
TITLE 8, POLICE REGULATIONS, CHAPTER 8, POLICE CITIZENS REVIEW
BOARD, BY REPEALING CHAPTER 8 IN ITS ENTIRETY AND REPLACING IT
WITH A NEW CHAPTER 8, CITIZENS POLICE REVIEW BOARD. (FIRST
CONSIDERATION)
Comment: This ordinance includes the recommendations previously summarized by
staff at the June 18 work session. Changes include renaming the Board to the
Citizens Police Review Board; participation by the City Manager in the police officer
interview process and a two year review of the procedure; implementation of an exit
survey for complaints; removal of the language regarding formal mediation; and
changing the present 45 -day Board reporting requirement to 90 days. The Police
Citizens Review Board reviewed the ordinance at their August 12 meeting and
recommended expedited action. .�
Action: Cr►1 ei����1 vt�C, �,� 7 /�
ITEM 10. SETTLEMENT -RATIFYING SETTLEMENT OF IMMINENT LITIGATION.
Comment: This Resolution will confirm and ratify a proposed settlement of imminent
�-� litigation which is set for discussion during the executive session scheduled Tuesday,
September 3, 2013.
Action: �_�, ��
September 3, 2013 City of Iowa City Page 10
ITEM 11. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18
years of age unless specific qualifications are stated.
ITEM 11a
Public Art Advisory Committee — Two vacancies to fill an unexpired term,
effective upon appointment, ending January 1, 2015 and an unexpired
term plus a three -year term, effective upon appointment, ending January
1, 2017. (Melissa Mitchell and Susie Thurmond resigned).
Action:
ITEM 12. 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 12a Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term
January 1, 2012 - December 31, 2016. (New full term).
ITEM 12b Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term
January 1, 2009 - December 31, 2013 plus an additional five -year term
January 1, 2014 — December 31, 2018. (Term expires for Dennis Keitel).
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).
ITEM 12d 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.
ITEM 12e 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.
Q�
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, SEPTEMBER 25, 2013. ,.�
ITEM 13. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 14. CITY COUNCIL INFORMATION.
September 3, 2013 City of Iowa City Page 11
ITEM 15. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager. � D
b) City Attorney.
0 '
c) City Clerk.
ITEM 16. ADJOURN (to work session if necessary).
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