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HomeMy WebLinkAbout2013-09-03 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 3, 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, Miklo Bockenstedt, Knoche Rummel, Fosse. The Mayor proclaimed Synthetic Drugs Awareness Week, accepted by Amy Sorensen, Iowans Against Synthetics. 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 presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: August 20 Council Work Session; August 20 Council Regular Official & Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Board of Adjustment — July 10; Board of Library Trustees — July 25; Housing and Community Development Commission — June 20; Human Rights Commission — July 16; Police Citizens Review Board — July 8. Permit Motions and Resolutions as Recommended by the City Clerk: (NEW) Five Day Class C Liquor License for The Englert Civic Theatre, Inc., dba The Englert Theatre, 221 E.. Washington St.; (Renewal) Class C Beer Permit for Casey's Marketing Company, dba Casey's General Store #2781, 1410 Willow Creek Dr.; Class C Beer Permit for Casey's Marketing Company, dba Casey's General Store #2761, 204 N Dubuque St.; Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow Cafe, 160 N Linn St.; Class C Liquor License for Hall Place Ventures Corp., dba Airliner Bar, 22 S. Clinton St.Outdoor Service Area for Kennedy Investments, Inc., dba The Vine Tavern & Eatery, 330 E. Prentiss St.; Class C Liquor License for Short's Burger and Shine, LLC, dba Short's Burger and Shine, 18 S. Clinton St.; Class C Liquor License for Gabe's Oasis, LLC, dba Gabe's, 330 E. Washington St.; Outdoor Service Area for Gabe's Oasis, LLC, dba Gabe's, 330 E. Washington St. Resolutions and Motions: RES. 13 -272, 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; RES. 13 -273, AUTHORIZING THE PROCUREMENT OF SEVEN POLICE PATROL UTILITY VEHICLES. Setting Public Hearings: 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); 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); Setting a Complete Description September 3, 2013 Page 2 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; RES. 13 -274, SETTING PUBLIC HEARING for September 17 ON AMENDING THE FY2014 OPERATING BUDGET; RES. 13 -275, 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. Correspondence: Bailee McClellan regarding Food Scrap Collection [Staff response included]; Tom Leist regarding City Park Beach? [Staff response included]; Steve Goetzelman regarding Dumpster Blocking the Sidewalk [Staff response included]; Jason Hagedorn regarding Gateway Project; Traffic Engineering Planner regarding Installation of YIELD sign for westbound traffic at the intersection of Phoenix Drive and Lake Shore Drive; Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME on east and north sides of the 600 — 800 blocks of Tipperary Road. Mary Gravitt, 2714 Wayne Ave., appeared regarding quality of life issues including the transit detour on Williams Street and bullying at the Senior Center. Staff will follow up. Elaine Mahler, 2401 Hwy. 6, appeared regarding the lack of affordable housing. Brandon Ross1822 Rochester Ave., spoke against going to war with Syria. Roger Knight Jr., 320 E. Washington St., appeared regarding sidewalk potholes; more police presence and enforcement; too many bars downtown; the need for more firefighters and police officers; and lower rents. A public hearing was held 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 / Palisades Subdivision). The Mayor asked Council to disclose any ex parte communications and Mims, Dobyns and Champion reported. PCD Dir. Davidson and Senior Planner Miklo presented a power point. The following individuals appeared: Developer Jessie Allen and Anthony Frey, 19 Caroline Ct. Moved by Dobyns, seconded by Mims, that the 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 / Palisades Subdivision ), be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Dickens, Dobyns, Hayek, Mims, Payne, Champion. Nays: Throgmorton. Moved by Dobyns, seconded by Throgmorton, to move up item 7, ordinance concerning the Ped Mall, for consideration at this time. Individual Council Members expressed their views. The Mayor declared the motion defeated, 2/5, with the following voice vote: Ayes; Dobyns, Throgmorton. Nays: Dickens, Hayek, Mims, Payne, Champion. Moved by Mims, seconded by Payne, that the ordinance conditionally rezoning 1.05 acres of land located on North First Avenue, north of Rochester Avenue from Low Density Multi - Family (RM -12) Zone to Planned Development Overlay /Low Density Multi- Complete Description September 3, 2013 Page 3 Family (OPD /RM -12) Zone (REZ13- 00004), be given second vote. The Mayor asked Council to disclose any ex parte communications and Throgmorton reported. The following individuals appeared: Ed Wasserman, 555 N. 1St Ave., (power point); April Rouner, Regina Foundation; Tom Lepic, Lepic Kroeger Realtors, representing Jeff Miller; Kelly Beckler, MMS Consultants, representing Jeff Miller (power point); Judy Buddenbaum, 557 N. 1St Ave.; Sue Forde, 616 N. 1S Ave.; and Jim Buddenbaum, 557 N. 1St Ave. City Engr. Knoche present for discussion. Individual Council Members expressed their views. 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. Moved by Payne, seconded by Mims, to accept correspondence from Jeff Miller, Ed Wasserman [staff response included], Judy Buddenbaum (2), Bill Pusateri, Connie Smith, Edie Pierce - Thomas, Sue Forde. Moved by Throgmorton, seconded by Payne, to move up item 7, an ordinance concerning the Ped Mall, for consideration at this time. Moved by Mims, seconded by Champion, 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 second vote. The following individuals appeared: Beth Ingram, 8 Wrexham; Desiree Giersking, 2128 S. Riverside D.; Geoffrey Hacker; Lorelei Coffin; Nancy Bird, Ex. Dir. of the Iowa City Downtown District, 14 1.2 S. Clinton St.; Rockne Cole, 1606 E. Court St.; Bill Nusser, business owner and President of Iowa City Downtown District; Rebecca Neades, VP of public Policy, Iowa City Area Chamber, 325 E. Washington St.; Pat Ingram, 8 Wrexham; and Kathy Ingram, 8 Wrexham. Individual Council Members expressed their views. Moved by Throgmorton, seconded by Dobyns, to amend the ordinance to add four new "whereas" clauses and to modify Paragraph 6 concerning the ban on personal possessions as outlined in the page distributed. The Mayor declared the motion defeated, 2/5, Throgmorton and Dobyns voting "yes "; Champion, Dickens, Hayek, Mims, Payne voting "no ". The Mayor declared the original motion for second consideration carried, 5/2, with the following division of roll call vote. Ayes: Hayek, Payne, Champion, Dickens, Dobyns. Nays: Throgmorton, Mims. Moved by Payne, seconded by Dobyns, to accept correspondence from Palmer Holden, David Rust and Joy Smith, Michael Briggs, Brian Flanagan, Geoffrey Hacker (2), Kate Minette, Craig Willis. Moved by Champion, seconded by Mims, that the ordinance amending Title 14: Zoning to broaden the uses allowed in the Intensive Commercial (CI -1) Zone, be given second vote. Moved by Payne, seconded by Dobyns, that the ordinance amending Title 14: Zoning to delete the specific street width requirement for daycare uses, general educational facilities, and religious /private group assembly uses, be given second vote. Moved by Mims, seconded by Payne, that ORD. 13 -4546 CONDITIONALLY REZONING 7.13 ACRES OF PROPERTY LOCATED AT 2845 MORMON TREK BLVD IN THE INTENSIVE COMMERCIAL (CI -1) ZONE (REZ13- 00018), be passed and adopted. The Mayor requested Council disclose any ex parte communications and none were reported. Complete Description September 3, 2013 Page 4 Moved by Dobyns, seconded by Payne, that ORD. 13 -4547, CONDITIONALLY REZONING APPROXIMATELY 7.79 ACRES OF LAND 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), be passed and adopted. The Mayor requested Council disclose any ex parte communications and none were reported. PCD Dir. Davidson present for discussion. Moved by Mims, seconded by Payne, that ORD. 13 -4548 VACATING A PORTION OF ST. CLEMENT STREET (VAC12- 00005), be passed and adopted. Moved by Payne, seconded by Mims, to adopt RES. 13 -276, APPROVING THE PRELIMINARY PLAT OF ROBERTS DAIRY ADDITION, IOWA CITY, IOWA. (SUB12- 00012) Moved by Payne, seconded Mims, to adopt RES. 13 -277, APPROVING FINAL PLAT OF BROOKWOOD POINTE THIRD ADDITION, IOWA CITY, IOWA (SUB13- 00009). Moved by Dobyns, seconded by Throgmorton, 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 second vote. Moved by Mims, seconded by Champion, that ORD. 13 -4549, 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 passed and adopted. Moved by Payne, seconded by Dobyns, that the ordinance 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, be given first vote. Moved by Payne, seconded by Dickens, to adopt RES. 13 -278, RATIFYING SETTLEMENT OF IMMINENT LITIGATION, by accepting $1,850,000 from Travelers Indemnity Company relating to the landfill fire of 2012. Moved by Mims, seconded by Payne, to appoint Brent Westphal, 318 N. Linn Street, to the Public Art Advisory Committee for 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. The Mayor noted that the other vacancy for Public Art Advisory Committee for 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, will be readvertised. The Mayor noted the previously announced vacancies: Airport Zoning Brd of Adjustment — One vacancy to fill 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 plus an additional five -year term January 1, 2014 — December 31, 2018; Historic Preservation Commission for a Jefferson St. representative to fill three- Complete Description September 3, 2013 Page 5 year terms, March 29, 2013 — March 29, 2016 (New District formed); 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; Human Rights Commission for an unexpired term, effective upon appointment, plus a three -year term ending January 1, 2017. Moved by Payne, seconded by Champion, to accept correspondence from Daniel Tallon. Applications must be received by 5:00 p.m., Wednesday, September 25, 2013. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Throgmorton reported on the visit to West Union with Geoff Fruin and Nancy Bird with downtown amenities; noted the Labor Day picnic in the City Park; noted the memorial service for Jennifer Cole who passed away August 15; and stated he would be speaking at Trinity Church on September 8 regarding the Ped Mall ordinance and homelessness. Council Member Dickens noted the dedication of Terry Trueblood Recreation Area on August 24. Mayor Hayek noted the passing of Bill Phelan, and stated he would be missed. Moved by Mims, seconded by Payne, to adjourn meeting at 10:25 p.m. Matthew J. Hayek, Mayor Y Y Marian K. Karr, City Clerk �! CITY OF IOWA CITY 3_ MEMORANDUM - Date: August 28, 2013 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, August 20, 2013, 5:00 PM in Emma J. Harvat Hall Council: Champion, Dickens (5:05), Dobyns, Hayek, Mims, Payne, Throgmorton UISG: Bramel Staff: Markus, Fruin, Bentley, Dilkes, Karr, Fosse, Davidson, O'Brien, Moran, Rackis, Hargadine, Yapp, Dulek, Long, Boothroy, Jennings, Rummel, Bockenstedt 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 # 2b(2) — Housing & Community Development Minutes —July 11) Council Member Throgmorton asked the City Clerk to be sure and include the portion of the minutes dealing with the Gateway Project in the Council packet of September 17 when the Project is scheduled for Council discussion. 2. (Consent Calendar # 2e(2) — Normandy Drive Restoration... ) City Clerk Karr stated the item would be removed and scheduled at a later time. 3. (Agenda item # 4n — Brookwood Part 3) City Clerk Karr reported the applicant has requested the item be deferred to September 3. 4. (Agenda item # 4k — Walden Wood Part 10) In response to individual Council Members, PCD Davidson presented a power point. City Atty. Dilkes responded to questions. 5. (Agenda item # 9 — personal property in the downtown ... to prohibit soliciting by parking meters .... Lying on elevated planters ....lying on benches during certain hours ... restrict using electrical outlets) Asst. to the City Manager Fruin presented a power point. City Manager Markus stated staff would be present to address questions at the formal meeting. 6. (Consent Calendar # 2f(2) — Iowa City Summer of Solutions ...) In response to Mayor Hayek, Asst. to the City Manager Fruin stated staff had met with representatives and a report would be provided. COUNCIL APPOINTMENTS (Agenda # 12) Police Citizens Review Board — Mazahir Salih Council Work Session August 20, 2013 Page 2 DISCUSSION ON LOCAL & REGIONAL AFFORDABLE HOUSING POLICIES Community Development Coordinator Long and MPO Executive Director Yapp present for discussion. After discussion a majority of Council directed staff to: ➢ Explore options for regional affordable housing initiatives including affordable housing criteria in transportation funding scoring for projects ➢ Prepare proposal for possible adoption by City Council ➢ Schedule for MPO meeting in October / November ACTION: Proceed as outlined. (Long, Yapp) DISCUSSION OF PCRB MEMBER TERM LIMITS (AD HOC DIVERSITY COMMITTEE RECOMMENDATIONS) rIP3 of 8/15 Info Packetl City Clerk Karr present for discussion. Council directed staff to research whether any PCRB member had served more than two terms and report back to Council. ACTION: Memo in August 29th information packet. (Karr) INFORMATION PACKET DISCUSSION rAuaust 8,151 Auqust 8 1. (IP # 2 —email notification —Top 10 College Town Mayor Hayek indicated it was nice to see the ranking. 2. (IP6 — response from Finance Dir.... utility account security deposit) In response to Mayor Pro tem Mims, City Manager Markus stated staff would take another look at the issues and come back with a recommendation. 3. (IP7 — response from Public Works Dir....Stevens Drive/ South Gilbert Street flooding) In response to Council Member Dobyns, Public Works Dir. Fosse stated the area is vulnerable and reliant on pumps and City practices altered to monitor the pumps during heavy rains and flooding. August 15 1. (IP # 4 — Memo from City Clerk ....KXIC Radio Show) Individuals confirmed the KXIC schedule as follows: August 21 — Throgmorton August 28 — Hayek September 4 — Mims September 11 - Dickens September 18 - Dobyns 2. (IP # 6 — Memo form Community Development ... UniverCity Neighborhood Partnership Update) Council Member Throgmorton praised staff for the program. City Manager Markus noted the program added more units because of financial changes. 3. (IP # 8 — Email to Recycling Coordinator ... Rummage in the Ramp ...) Council Members congratulated Recycling Coordinator Jordan and the 240 volunteers who helped. 4. (IP # 11 — copy of press release ... New Online Cemetery Map and Database ...) Council Members applauded City Clerk and Cemetery staff on the project. Council Work Session August 20, 2013 Page 3 COUNCIL TIME AND MEETING SCHEDULE QP4 of 8/15 Info Packet 1. Council Member Throgmorton reported on attending the Party in the Park at North Market Square and stated the program was working great. PENDING WORK SESSION TOPICS rIP # 5 of 8/15 Info Packetl None UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS Mayor Hayek noted the grand opening of the Terry Trueblood Recreation Area on Saturday, the 24th. Karr stated she would send a reminder of activities and times. 2. Council Member Throgmorton stated that Geoff Fruin, Nancy Bird, Liz Christianson and he would be visiting West Union on August 27th to see their completed streetscape project and would provide a full report. Mayor Hayek noted that Solon had done a great job on their downtown as well. Meeting adjourned 6:26 PM. �� .I'- ��) 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 License for Atlas 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 August 20, 2013 Page 3 * REVISED 9/4/13 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 presented a power point concerning both items 4a and 4b. The Mayor req sted Council Members report and ex parte communications and none were reported. he following individuals appeared: John Hieronymus, 3322 Muscatine Ave., pre ented a power point; Colby Jones, Ku Go, presented a power point; Kelly Bec er, MMC Consultants, presented a p er point; Atty. Mike Pugh, representin Kumi & Go; Ron Erwin, 1146 Hampton Ct.; R ger Knight, Jr.; Deb McAlister, 1123 ampton Ct.; Ralph Unstill, 1121 Gilbert Ct.; Ken hnson, 3116 Maplewood Lane, pr, sented a power point; Mary Gravitt, 2714 Way Ave.; Margie Yoder, 1161 Ha ton Ct.; Desiree Gissing, 2128 S. Riverside Dr.; Todd hepherd, 1147 Hampton Ct.; nd David Stich, 1158 Hampton Ct. Individual Council Me bers expressed their views Moved by Dobyns, s conded by Payne, to ad pt a resolution to amend the Comprehensive Plan - So theast District Plan t change the land use designation from Multi - Family to Commercial r property locate at the northwest corner of the intersection of Muscatine Ave ue and Scott B ulevard (CPA13- 00002). Individual Council Members expressed th 'r views. The ayor declared the resolution defeated unanimously OR. A public hearing was held on a ordina a rezoning 0.85 -acres from Low Density Single - Family (RS -5) Zone and 2.87- cre from Low Density Multi Family (RM -12) Zone to Community Commercial (CC -2) Zon f r property located north of Muscatine Avenue, west of Scott Boulevard (REZ123 0012 . The Mayor requested Council Members report and ex parte communications and non w re reported. John Hieronymus, 3322 Muscatine Ave., appeared. Moved by Mims, seconded by Pa ne, that he ordinance to rezone 0.85 -acres from Low Density Single - Family (RS -5) Z ne and 2. -acres from Low Density Multi Family (RM -12) Zone to Community Com ercial (CC -2) one for property located north of Muscatine Avenue, west of Scott oulevard (REZ 3- 00012), be given first vote. The Mayor declared the motion defe ed unanimously 0 A public hearing was held o an ordinance conditi ally rezoning property from Low Density Multi - Family (RM -12) one to Planned Develop ent Overlay /Low Density Multi - Family (OPD /RM -12) Zone to ated on First Avenue, nort of Rochester Avenue (REZ13- 00004). The Mayor equested Council Members close any ex parte communications and Coun it Member Dobyns and Mayor H ek reported. PCD Dir. Davidson presented a po er point. The following individuals peared: Ed Wasserman, 555 N. Firs Ave., presented a power point; Waite Seaman, 551 N. First Ave.; Applicant Jeff Mill r; and Jim Buddenbaum, 557 N. First A . City Engr. Knoche present for discussion. ndividual Council Members expressed thei views. Moved by Mims, s conded by Champion, that the ordinance con itionally rezoning 1.05 acres of land to ated on north 1St Avenue from Low Density Mult Family (RM -12) Zone to Planned D elopment Overlay /Low Density Multi - Family (OP RM -12) Zone (REZ13- 00004), b given first vote. The Mayor declared the motion car 'ed, 6/1, with the following divis' n of roll call vote. Ayes: Hayek, Mims, Payne, Throgmorton, Champion, Dick s. Nays: Dobyns. Moved by Champion, seconded by Payne, that correspondence be received from: Shirley Thompson, James Burke, Sandra and Tom Bauer (2), Con ie Smith, Marina Ivanovic, James and Helene Mossman, James and Judy Budden um, E.A. Wasserman (4), Elizabeth Christiansen (2), Linda Waddle, 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 TO MIXED USE (MU) (REZ13- 00016), be voted on for final passage at this time. 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 NOW 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'/ 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 tem 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. Hayek, Mayor Marian K. Karr, City Clerk -Vrzr-Tr� 3a� 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 — 8/20/13 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 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 I.C. Pit Stop, 300 Kirkwood Ave.; Class C Liquor License for BlackStone, 503 Westbury Dr. Suite 1; Special Class C Liquor License for The Englert Theatre, 221 E. Washington St.;Class C Liquor License for George's Buffet, 312 E. Market St.; Class C Beer Permit for Big Kmart #4315, 901 Hollywood Blvd.; Class C Liquor License for The Union Bar, 121 E. College St.; Class C Beer Permit for New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St.; Class C Liquor License for Atlas World Grill, Inc., 127 Iowa Ave.; Class C Liquor License for Takanami, 219 Iowa Ave.; Class C Liquor License for Short's Burgers - Eastside, 521 Westbury Dr.; Outdoor Service Area for Short's Burgers - Eastside, 521 Westbury Dr.; Class C Liquor License for The Summit Restaurant & Bar, 10 S. Clinton St.; RES. 13 -261 TO ISSUE DANCE PERMITS to The Union Bar, 121 E. College St. and 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 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 Official Actions August 20, 2013 Page 2 * REVISED 9/4/13 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 (REZ1 1 -000 10). 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 Commercial for property located at the northwest corner of the intersection of Muscatine Avenue and Scott Boulevard (CPA13- 00002). 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, Official Actions August 20, 2013 Page 2 ESTABLISHED FEES AND CHARGES AND RESCINDING AND REPEALING RESOLUTION NUMBER 12 -527 PREVIOUSLY ESTABLISHING SAID FEES AND CHAR S. Setting ublic Hearings: Set a public hearing for September 3 on an ordinance rezoning 13. 7 -acres of land located at 1729 Dubuque Road from Low Density Single Family S -5) to Planned Development Overlay -Low Density Single Family (OPD -5) Zone ( Z11- 00010). Corresponden : Certificate of Sponsorship for support of Juneteenth Celebration; Iowa C Summer of Solutions regarding Addre sing energy efficiency in Iowa City rental housi - A recommendation from Our Po r; Irene Klinzman regarding Railroad and irst Avenue Crossing; Rick Kaste regarding Homeless population in Iowa City; 'chael Montgomery regarding on- Disclosure / Confidentiality Agreement - Landfill Damage Claim [St response included]; Traffic Engineering Planner regardi Installation of 9 on -str t metered parking spaces and establishment of parking mete erms on the 300 blo of Prentiss Street; Traffic Engineering Planner regarding ange of odd / ev n on- street parking terms on the 600 block of East Davenport Stree on Saturdays rom 8 AM — 5 PM to 8 AM — 3 PM.; Traffic Engineering Planner regardin Installati of (2) NO PARKING BETWEEN SIGNS signs with arrows on Kirkwoo Court etween Pickard Street and the curve; Pete Anderson regarding Football Gam D s. City Clerk Karr administered the oath to inco ng Fire Chief John Grier. Mary Gravitt, 2714 Wayne Ave., appeared r ding quality of life issues, including high tones of the transit bus fare boxes; proble wit owners of Town & Campus apartments regarding music emitting fro cars; sa ty concerns for pedestrians near Madison and Clinton Streets; enforcem t of presen aws and need for more walking patrols; applying 1 cent surcharge on ility bill to SEA . Sarah Clark, 509 Brown St., representing the Northside Neighbor od Association, u dated Council on the PIN grants awarded to the neighborhoo Chris Lynch, Coralv e, introduced himself as a candidate for the Iowa City School oard. Leah Cohen, 16 Teg Drive, representing Bo James, updated Council on th water break on Washingto St. and the impact on business owners; and asked co ideration to halt construction ojects during lunch hours and to consider coordina on of street closures affecting do ntown traffic. Roger Knight, Jr., expressed concer regarding motorcycle noise and ca radios; requested better enforcement of noisy b rs; voice support for the 21 ordinance; otholes in downtown sidewalks, and m re police enforcement. Matthew Peirce, 6 Michael St. #8, requested better signa at major intersection when cars and bikes en intersect. Liz Maas, 620 Ronalds St requested Council consideration of a two eel ass to new mothers leaving the hosp' al so they don't get tickets for not obeying the od even parking near their home . Mary Gravitt, 2714 Wayne Ave., appeared regardi a problem with the regist tion software at the Senior Center and problems with addresses showing u as out of the City. A public hearing as held on a resolution amending the Comprehensive Plan - Southeast District P n to change the land use designation from Multi - Family to Commercial for pr erty located at the northwest corner of the intersection of Muscatine Avenue and Sco Boulevard (CPA13- 00002). The following individuals appeared: John Hieronymus, 33 2 Muscatine Ave., presented a power point; Colby Jones, Kumi & Go, presented a po er point; Kelly Beckler, MMC Consultants, presented a power point; Atty. Mike Pu , representing Kumi & Go; Ron Erwin, 1146 Hampton Ct.; Roger Knight, Official Actions August 20, 2013 Page 3 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. Moved and seconded 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). 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). John Hieronymus, 3322 Muscatine Ave., appeared. Moved and seconded 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 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. Moved and seconded 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. Moved and seconded 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, 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. Moved and seconded 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. Moved and seconded 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 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 second vote. Liz Maas, 620 Ronalds St., appeared. Official Actions August 20, 2013 Page 4 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 -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 TO MIXED USE (MU) (REZ13- 00016), be voted on for final passage at this time. The Mayor declared the motion carried, 6/1. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the motion carried, 6/1. Moved and seconded to accept correspondence from Kelly Beckler. 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 -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 and seconded that the ordinance be finally adopted at this time. Moved and seconded 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. Moved and seconded 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. Moved and seconded to adopt RES. 13 -266, APPROVING THE PRELIMINARY PLAT for WALDEN WOOD PART 10, IOWA CITY, IOWA. Moved and seconded to accept correspondence from Erin Jordan. Moved and seconded to adopt RES. 13 -267, APPROVING THE PRELIMINARY PLAT FOR EASTBROOK FLATS ADDITION, IOWA CITY, IOWA. Moved and seconded to adopt RES. 13 -268, APPROVING THE PRELIMINARY PLAT OF BROOKWOOD POINTE, THIRD TO FIFTH ADDITIONS, IOWA CITY, IOWA. Moved and seconded to defer to September 3rd a resolution approving final plat of Brookwood Pointe Part 3 Addition (SUB 13-00009). A public hearing was held on a resolution authorizing conveyance of a single family home located at 416 South Governor Street. Moved and seconded 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. Moved and seconded 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. Official Actions August 20, 2013 Page 5 Moved and seconded 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 and seconded 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 and seconded 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. The following individuals appeared: Catherine Phillips, 34 Samuel Dr.; Jeffrey Hacker; Nancy Bird, rep. Downtown District, 14 Y2 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. The Mayor declared the motion carried, 6/1. Moved and seconded to accept correspondence from Amy Van Epps. Moved and seconded 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 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 charges, be given second vote. Moved and seconded 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 Official Actions August 20, 2013 Page 6 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 and seconded to accept correspondence from Daniel Tallon. Moved and seconded to adjourn regular meeting at 11:55 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 Submitte for publication — 8/28/13.