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HomeMy WebLinkAbout2013-09-17 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. VNVAPdA LOTS NPM ITEM 1. CALL TO ORDER. r� 6ky� ur ITEM 1a Roll Call ITEM 2. PROCLAMATIONS / ITEM 2a Constitution Week — September 17 -23 ITEM 2b National Hispanic Heritage Month — September 6 through October 15 ITEM 2c No Text on Board — Pledge Day — September 19 p ITEM 2d 20`" Anniversary of National Public Lands Day — September 28 / Co ,o "7 ITEM 3. SPECIAL PRESENTATIONS 4�v' "V /►i % `' �� Pr ITEM 3a Iowa City Kickers Clubv ) 1 I C C ,pk3�i , Pawl l ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. ITEM 4a. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: ITEM 4a(1) September 3 Council Work Session ITEM 4a(2) September 3 Council Special Formal and Regular Official & Complete (x2) ITEM 4b. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). ITEM 4b(1) Parks and Recreation Commission — July 10 ITEM 4b(2) Planning and Zoning Commission — July 18 ITEM 4b(3) Iowa City t w. -R•n4 Planning and Zoning Commission —August 15 Rwa City Council Agenda KA-4,V Regular Formal CITY OF IOWA CITY September 17, 2013 - 7:00 p.m. _v� City Hall - Harvat Hall 410 E. Washington Street VNVAPdA LOTS NPM ITEM 1. CALL TO ORDER. r� 6ky� ur ITEM 1a Roll Call ITEM 2. PROCLAMATIONS / ITEM 2a Constitution Week — September 17 -23 ITEM 2b National Hispanic Heritage Month — September 6 through October 15 ITEM 2c No Text on Board — Pledge Day — September 19 p ITEM 2d 20`" Anniversary of National Public Lands Day — September 28 / Co ,o "7 ITEM 3. SPECIAL PRESENTATIONS 4�v' "V /►i % `' �� Pr ITEM 3a Iowa City Kickers Clubv ) 1 I C C ,pk3�i , Pawl l ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. ITEM 4a. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: ITEM 4a(1) September 3 Council Work Session ITEM 4a(2) September 3 Council Special Formal and Regular Official & Complete (x2) ITEM 4b. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). ITEM 4b(1) Parks and Recreation Commission — July 10 ITEM 4b(2) Planning and Zoning Commission — July 18 ITEM 4b(3) Planning and Zoning Commission —August 1 ITEM 4b(4) Planning and Zoning Commission —August 15 ITEM 4b(5) Rules Committee — September 11 ITEM 4c. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal) ITEM 4c(1) Class C Liquor License for Prairie Lights Books, Inc., dba Times Club at Prairie Lights, 15 S. Dubuque St. ITEM 4c(2) Class E Liquor License for Liquor Downtown, dba Liquor Downtown, 315 S Gilbert St. ITEM 4c(3) Class C Liquor License for Los Portales Mexican Restaurant, dba Los Portales, 1402 S Gilbert St. ITEM 4c(4) Class C Liquor License for Chipd* Mexican Grill of Colorado, dba, Chipc* Mexican Grill, 201 S Clinton St., Suite 112 ITEM 4c(5) Class B Beer Permit for Iowa City Downtown District, dba Oktobertfest, 202 N Linn St. September 17, 2013 City of Iowa City Page 2 ITEM 4c(6) Class C Beer Permit for Hy Vee, Inc., dba Hy Vee Gas #1, 260 Stevens Dr. ITEM 4c(7) Class C Beer Permit for Dan's Short Stop Corporation, dba Dan's Short Stop Corporation, 2221 Rochester Ave. ITEM 4c(8) Class C Beer Permit for Hawkeye Oil Company, dba Scott Blvd Hawkeye Convenience Store, 2875 Commerce Dr. ITEM 4c(9) Class C Liquor License for Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave. ITEM 4c(10) Class C Liquor License for Saloon of Iowa City, L.C., dba The Saloon, 112 E College St. ITEM 4c(11) Class C Liquor License for Bread Garden of Iowa City, L.C., dba Bread Garden Market and Bakery, 225 S Linn St. ITEM 4c(12) Class C Liquor License for Givanni's Of Iowa City, Inc., dba Givanni's, 109 E College St. ITEM 4c(13) Class C Liquor License for Mondo's of Iowa City, Inc., dba Joseph's Steakhouse, 212 S Clinton St. ITEM 4d. Resolutions and Motions: ITEM 4d(1) CITY STREET FINANCIAL REPORT - APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2013. Comment: The Iowa Department of Transportation requires all municipalities to submit this report annually on or before September 301h. Item and memo included in Council packet. ITEM 4d(2) WEST SIDE LEVEE - AUTHORIZING THE MAYOR SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS BETWEEN MIDAMERICAN 3 _ a� ENERGY COMPANY AND THE CITY OF IOWA CITY FOR THE RELOCATION OF UTILITIES NECESSARY TO ACCOMMODATE THE WEST SIDE LEVEE PROJECT. Comment: The West Side Levee Project will include the construction of an earthen levee, new storm sewer and two new storm water pumping stations. In order to accommodate said project, it will be necessary to relocate existing overhead electrical facilities, convert electric facilities from overhead to underground, replace power pole guy wires and anchors, and extend underground electrical facilities. Agreements have been negotiated with MidAmerican Energy to relocate utilities for the West Side Levee Project at a cost of $114,935.94. Funding for the Project will through the Iowa Economic Development Authority (IEDA) and Community Development Block Grant (CDBG) Program. ITEM 4d(3) DEWEY STREET BRICK RECONSTRUCTI ON - ACCEPTING THE WORK FOR THE DEWE STREET BRICK\RECONSTRUCTION PROJECT. Comment: Th project has bee completed by sper Construction Services, Inc. of %on n, Iowa, in su stantial accords ce with the plans and specificationhe Engineer's Report and erformance and Payment bonds aile with th e City C rk. •: Project Estimated Z1ost: $ \ 531,000.00 Project Bid Received.\ $ 488,775.50 •:• Project Actual Cost: $ 399,468.42 CITY OF IOWA CITY 0� MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: September 17, Agenda ITEM 4d(3) (REVISED) DEWEY STREET BRICK RECONSTRUCTION - Resolution accepting the for the Dewey Street Brick Reconstruction Project. Comment: The project has been completed by Jasper Construction Services, Inc. of Newton, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. •3 Project Estimated Cost: $ 437,000.00 Project Bid Received: $ 410,295.00 �:• Project Actual Cost: $ 399,468.42 ITEM 4e(3) (REVISED) OFFER RE CITY -OWNED LAND NORTH OF COURT STREET TRANSPORTATION CENTER - 1) APPROVING THE COMPETITIVE CRITERIA AND PROCEDURES FOR DISPOSITION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY - UNIVERSITY PROJECT I URBAN RENEWAL AREA; 2) DETERMINING THAT THE OFFER SUBMITTED BY HIERONYMUS SQUARE ASSOCIATES, L.L.C. SATISFIES THE OFFERING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO ENTER INTO AN AGREEMENT FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH HIERONYMUS SQUARE ASSOCIATES, L.L.C. IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; 3) SETTING A PUBLIC HEARING FOR NOVEMBER 12 ON THE PROPOSED CONVEYANCE; AND 4) SOLICITING COMPETING PROPOSALS. Comment: Hieronymus Square Associates has submitted an offer to purchase the City -owned parcel of undeveloped land north of the Court Street Transportation Center. This parcel was acquired and utilized as a staging area during construction of the Court Street Transportation Center and is no longer needed for public purposes. The offer contemplates that this property would be redeveloped in conjunction with redevelopment of the adjacent ModPod property, and is contingent upon execution of a developer's agreement and minimum assessment agreement. Because this property is located within the City- University Project I Urban Renewal Area, the City is required to seek competing proposals prior to acceptance of the offer. This resolution establishes that competitive process and indicates the City's intention to accept the Hieronymus Square offer in the event that no other proposal is received or deemed to be in the public interest. Hieronymus Square has offered $670,000 for the property. Correspondence (Additions) ITEM 4f(3) Open Container in Public: Lora Dinsdale (2): Open container in public ITEM 4f(4) Gateway Project: Mark Wyatt, K. Jesse Singerman, Kelly Fanizzo, Mary Murphy, Patricia Ephgrave ITEM 4f(6) Need for an adult crossing guard at Horn School: (Staff response included x2) September 17, 2013 City of Iowa City Page 3 ITEM 4d(4) AGREEMENT FOR OKTOBERFEST - APPROVING AN AGREEMENT BETWEEN THE CITY AND IOWA CITY DOWNTOWN SELF- SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER DURING NORTHSIDE OKTOBERFEST WITHIN A SPECIFIED AREA ON A CITY STREET. Comment: Section 4 -5 -3 of the City Code allows for the sale and consumption of alcohol in a city park, on a right -of -way, or other public ground, excluding public buildings, pursuant to written agreement. The agreement, which is attached to the resolution, allows the "Downtown District" to sell beer in a fenced off area on the 300 block of Market Street during the Northside Oktoberfest on Sept. 28. The exact location and dimension of the site is attached as an exhibit to the proposed agreement. The agreement is substantially similar to the one executed with Summer of the Arts and Riverside Theatre. ITEM 4d(5) PEDESTRIAN MALL WI-Fl AGREEMENT - APPROVING AN 3 — Zf3Z AGREEMENT BETWEEN THE CITY AND SOUTH SLOPE FOR USE OF THE LIBRARY ROOF FOR PROVISION OF FREE WI -FI SERVICE TO PORTIONS OF DOWNTOWN. Comment: The Iowa City Downtown District has negotiated with South Slope to provide limited free Wi -Fi service to those in the downtown area. In order to effectuate the service, a location is needed to mount two access points. The Iowa City Public Library previously provided this service, but the access points are limited in coverage and no longer meeting needs. South Slope will mount new, more robust access points at the same locations on the roof as the obsolete access points, and provide up to 2 hours of free Wi -Fi every 24 hours to members of public in exchange for use of the space on the library roof. The agreement will be distributed prior to Council action. ITEM 4e. Setting Public Hearings: ITEM 4e(1) CONVEY LOT 6 NORTH AIRPORT DEVELOPMENT - SETTING A PUBLIC HEARING FOR OCTOBER 1, 2013 TO CONSIDER A 33 PROPOSAL TO CONVEY LOT 6 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION TO RUPPERT FAMILY, LLC. Comment: The North Airport Development Subdivision includes commercial lots, which have been marketed for sale to the general public. The City has negotiated a purchase agreement with Ruppert Family LLC for Lot 6 contingent on the City purchasing 12.09 acres from the Ruppert Family LLC. This resolution sets a public hearing on the sale of Lot 6 for October 1 for $500,000. The 12.09 acres is located south of Highway 1, west of Westport Plaza, and north of runway 7. Consideration of the City's purchase of the 12.09 acres will also be on the October 1 agenda. September 17, 2013 City of Iowa City Page 4 ITEM 4e(2) REZONING SADDLEBROOK% MOTION SETTING A PUBLIC HEARING FOR OCTOBER $ON A REZONING ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY / HIGH DENSITY SINGLE - FAMILY (OPD /RS -12) PLAN FOR SADDLEBROOK TO ALLOW 13 APARTMENT BUILDINGS WITH 142 MULTI - FAMILY DWELLINGS AND 6 DUPLEXES WITH 12 DWELLING UNITS ON APPROXIMATELY 19.67 ACRES OF LAND LOCATED SOUTH OF PADDOCK CIRCLE. (REZ13- 00021) Comment: At its September 6, meeting, by a vote of 6 -0 (Dyer absent), the Planning and Zoning Commission recommended denial of this rezoning. If there is an indication that the Council will not accept the Planning & Zoning Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is require. ITEM 4e(3) OFFER RE CITY -OWNED LAND NORTH OF COURT STREET Comment: Hieronymus quare Associates has ubmitted an offer to purchase the City of undeveloped I nd north of the Court Street Transportation Cen r. This parcel was ac— red and utilized as a staging area during constru ion of the Court Street ransportation Center and is no longer needed for p blic purposes. The off contemplates that this property would be redev I ed in conjunction with edevelopment of the adjacent ModPod propert , a d is contingent upon ecution of a developer's agreement and mini m assessment agree ent. Because this property is located within the i - University Project I ban Renewal Area, the City is required to seek c eting proposals prior o acceptance of the offer. This resolutio establishes that com titive process and indicates the City's intentio to accept the Hieron us Square offer in the event that no other p posal is received or d emed to be in the public interest. Hieronymus Squ re has offered $670,0 for the property. ITEM 4f Correspondence: ITEM 4f(1) Bob Temple: Sycamore Mall Closures [Staff response included] ITEM 4f(2) Sue Forde: Another Source of Biomass for Fuel [Staff response included] ITEM 4f(3) Lora Dinsdale: Open container in public [Staff response included] ITEM 4f(4) John Thomas; Jennifer Wagner and other Northside residents : Gateway Project S., � a -\,' ,, ',s ITEM 4f(5) Karen Fox: Compeer Horm ITEM 4f(6) Cecilia Norris: Need for an adult crossing guard at Hoover School [Staff response included] S� � « a &, kA c, � TRANSPORTATION CENTER -_11) APPROVING THE COMPETITIVE CRITERIA AND PROCEDURES FOR DISPOSITION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY- UNIVERSITY PROJECT I URBAN NEWAL AREA; 2) DE ERMINING THAT THE OFFER SUBMITTE BY HIERONYMUS SQUARE ASSOCIATES, L.L.C. Jar" SATISFIES E OFFERING REQUIR ENTS AND DECLARING THE INTENT OF T14E CITY TO ENTER INTO N AGREEMENT FOR THE SALE OF LAN OR PRIVATE REDEV OPMENT WITH HIERONYMUS SiRUARE ASSOCIATES, L L.C. IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUB TTED; AND 3) SOLICITING COMPETING PROPOSALS. Comment: Hieronymus quare Associates has ubmitted an offer to purchase the City of undeveloped I nd north of the Court Street Transportation Cen r. This parcel was ac— red and utilized as a staging area during constru ion of the Court Street ransportation Center and is no longer needed for p blic purposes. The off contemplates that this property would be redev I ed in conjunction with edevelopment of the adjacent ModPod propert , a d is contingent upon ecution of a developer's agreement and mini m assessment agree ent. Because this property is located within the i - University Project I ban Renewal Area, the City is required to seek c eting proposals prior o acceptance of the offer. This resolutio establishes that com titive process and indicates the City's intentio to accept the Hieron us Square offer in the event that no other p posal is received or d emed to be in the public interest. Hieronymus Squ re has offered $670,0 for the property. ITEM 4f Correspondence: ITEM 4f(1) Bob Temple: Sycamore Mall Closures [Staff response included] ITEM 4f(2) Sue Forde: Another Source of Biomass for Fuel [Staff response included] ITEM 4f(3) Lora Dinsdale: Open container in public [Staff response included] ITEM 4f(4) John Thomas; Jennifer Wagner and other Northside residents : Gateway Project S., � a -\,' ,, ',s ITEM 4f(5) Karen Fox: Compeer Horm ITEM 4f(6) Cecilia Norris: Need for an adult crossing guard at Hoover School [Staff response included] S� � « a &, kA c, � CITY OF IOWA CITY MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: September 17, Agenda Revisions /Additions ITEM 4d(3) (REVISED) DEWEY STREET BRICK RECONSTRUCTION - Resolution accepting the work for the Dewey Street Brick Reconstruction Project. Comment: The project has been completed by Jasper Construction Services, Inc. of Newton, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. Project Estimated Cost: $ 437,000.00 Project Bid Received: $ 410,295.00 s Project Actual Cost: $ 399,468.42 ITEM 4e(3) (REVISED) OFFER RE CITY -OWNED LAND NORTH OF COURT STREET TRANSPORTATION CENTER - 1) APPROVING THE COMPETITIVE CRITERIA AND 3-285 PROCEDURES FOR DISPOSITION OF CERTAIN PROPERTY LOCATED WITHIN THE Cl UNIVERSITY PROJECT I URBAN RENEWAL AREA; 2) DETERMINING THAT THE OFFER SUBMITTED BY HIERONYMUS SQUARE ASSOCIATES, L.L.C. SATISFIES THE OFFERING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO ENTER INTO AN AGREEMENT FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH I HIERONYMUS SQUARE ASSOCIATES, L.L.C. IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; 3) SETTING A PUBLIC HEARING FOR NOVEMBER 12 ON THE PROPOSED CONVEYANCE; AND 4) SOLICITING COMPETING PROPOSALS. Comment: Hieronymus Square Associates has submitted an offer to purchase the City -owned parcel of undeveloped land north of the Court Street Transportation Center. This parcel was acquired and utilized as a staging area during construction of the Court Street Transportation Center and is no longer needed for public purposes. The offer contemplates that this property would be redeveloped in conjunction with redevelopment of the adjacent ModPod property, and is contingent upon execution of a developer's agreement and minimum assessment agreement. Because this property is located within the City- University Project I Urban Renewal Area, the City is required to seek competing proposals prior to acceptance of the offer. This resolution establishes that competitive process and indicates the City's intention to accept the Hierony s Square offer in the event that no other proposal is received or deemed to be in the publi Correspondence (Additions) ITEM 4f(3) Open Container in Public: Lora Dinsdale (2): Open container in public ITEM 4f(4) Gateway Project: Mark Wyatt, K. Jesse Singerman, Kelly Fanizzo, Mary Murphy, Ephgrave ITEM 4f(6) Need for an adult crossing guard at Horn School: (Staff response included x2) September 17, 2013 City of Iowa City Page 5 ITEM 4f(7) Traffic Engineering Planner: Removal of one on- street metered parking space (L208N) and four designated moped parking spaces; Establishment of a COMMERCIAL LOADING ZONE 30 MINUTE LIMIT 6 AM — 6 PM with a 2 AM TO 6 AM TOW -AWAY ZONE on the east side of the 200 block of North Linn Street. END Action: ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item at the end, of the meting agenda. ITEM 6. 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 #6a, b, f, g only at the formal meeting). ITEM 6a REZONING WESTWINDS — 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) [Discussion only at formal meeting] 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. 1. PUBLIC HEARING Action: Z44� z 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: �� J Y19 September 17, 2013 City of Iowa City Page 6 ITEM 6b REZONING N. DODGE AND CONKLIN LANE — 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) [Discussion only at formal meeting] 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. Correspondence included in Council packet. A protest petition has been filed, however to date it does not represent 20% or more of the property within 200 feet the area requested for rezoning. 1. PUBLIC HEARING �n,/� ?y` Action: �%L�aee,�, 2. CONSIDER AN ORDINAIQCE (FIRST CONSIDERATION) Action: ITEM 6c RIVERFRONT CROSSINGS CB2 ZONE — AMENDING TITLE 14: ZONING T 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. 0a 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. 1. PUBLIC HEARING Action: U !' / 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: 7 September 17, 2013 City of Iowa City Page 7 ITEM 6d 13 - q-550 49 USES ALLOWED IN THE INTENSIVE COMMERCIAL (CI -1) ZONE — AMENDING TITLE 14: ZONING TO BROADEN THE USES ALLOWED IN THE INTENSIVE COMMERCIAL (CI -1) ZONE. (PASS AND ADOPT) Comment: At its July 18 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this zoning code amendment. Approval will expand the types of uses allowed in the CI -1 zone to include a number of uses currently associated with the Community Commercial (CC -2) zone. Action: ITEM 6e 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. (PASS AND ADOPT) 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: a ZZ/ XO ITEM 6f 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) (SECOND CONSIDERATION) [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. 7�tNrL Action: L..a. ITEM 6g REZONING FIRST AND ROCHESTER — CONDITIONALLY REZONING 1.05 ACRES OF LAND LOCATED ON NORTH 1ST AVENUE, NORTH OF ROCHESTER AVENUE FROM LOW DENSITY MULTI - FAMILY (RM -12) ZONE TO PLANNED DEVELOPMENT OVERLAY /LOW DENSITY MULTI - FAMILY (OPD /RM -12) ZONE. (REZ13- 00004) (PASS AND ADOPT) [Discussion only at formal meeting] / u 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 D approve this rezoning. Corresporldence is included in Council packet. Y, Action: ��; .l f i I-r� b -r a✓ September 17, 2013 City of Iowa City Page 8 ITEM 6h AL -IMAN CENTER CEMETERY- LETTER TO JOHNSON COUNTY BOARD OF ADJUSTMENT FOR A CONDITIONAL USE PERMIT FOR A CEMETERY ON SHARON CENTER ROAD. Comment: At its September 6, meeting, by a vote of 6 -0 (Dyer absent), the Planning and Zoning Commission recommended that the City Council send a letter to the Johnson County Board of Adjustment recommending approval for a conditional use permit to allow a cemetery on 5.97 acres of land located north of 4401 Sharon Center Road SW in Area C of the Iowa City /Johnson County Fringe Area. (CU13- 00001) Action: M ITEM 7. AMENDING FY14 OPERATING BUDGET -AMENDING THE FY2014 OPERATING BUDGET. y 7J - 2aly Comment: This public hearing is being held to receive comment on amending the FY2014 budget. Supporting documentation is included with the resolution. a. PUBLIC HEARING Action: b. CONSIDER A RESOLUTION Action: /�n1% ITEM 8. NORMANDY DRIVE RESTORATION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF �3 -Z87 THE NORMANDY DRIVE RESTORATION PROJECT PHASE 2 PROJECT, ESTABLISHING THE AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 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. This Resolution approves the plans, specifications, form of contract and estimate of cost for this project, establishes the amount of bid security, directs publication of notice to bidders and sets the time and date for receipt of bids. a. PUBLIC HEARING Action: o i?> 'e elA ") e b. CONSIDER A RESOLUTION September 17, 2013 City of Iowa City Page 9 ITEM 9. PARKING LOT HOURS - AMENDING TITLE 9, MOTOR VEHICLES AND /3 — `%S55 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. (PASS AND ADOPT) 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 n approved by City Council. hj Action: ITEM 10. PERSONAL PROPERTY IN THE DOWNTOWN - AMENDING TITLE 8, ENTITLED ,` "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS 1,;,2 S5T 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. (PASS AND ADOPT) 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. ✓L .e Ily, Correspondence included in Council packet.�JA� Action e:V ITEM 11. POLICY FOR UNATTENDED PROPERTY - ADOPTING A UNATTENDED PROPERTY THAT IS SEIZED. 15 -2853 Comment: The preceding agenda item is a proposed ordinance that authorizes the City to seize unattended personal property located on the right of way. Adoption of this resolution is dependent on passage of the ordinance. Under the ordinance, the procedure for a person to reclaim unattended property that has been seized shall be adopted by resolution of the City Council. The procedure is attached to the resolution and sets forth how the City will notify the owner that property has been seized and how the owner may reclaim the property. There is no reclaim /storage fee. Action: Qa��L''yrl �rw,J �ati September 17, 2013 City of Iowa City Page 10 ITEM 12. RECOMMENDATIONS REGARDING POLICE CITIZENS REVIEW -AMENDING 3 - S 55 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. (SECOND 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. � 7 �u u>��� oa�7i� �vss�a+e� �a Action: irww.-A / u y1 0 d.e 71% +. t u++✓ �o ITEM 13. CITIZENS POLICE REVIEW BOARD BY -LAWS - APPROVING THE BY -LAWS OF THE CITIZENS POLICE REVIEW BOARD, INCLUDING A NAME CHANGE FROM 13-ZS9 POLICE CITIZENS REVIEW BOARD AND REPEALING RESOLUTIONS 97 -394, 98 -52, 98 -303, 01 -10, 01 -251, AND 03 -189. Comment: The Rules Committee recommended approval at their September 11 meeting. By -law changes are necessary to reflect ordinances changes recommended. See previous comment. Action- 71-_1 ITEM 14. CITIZENS POLICE REVIEW BOARD OPERATING PROCEDURES - TO ADOPT L THE IOWA CITY CITIZENS POLICE REVIEW BOARD STANDARD OPERATING 2�1 PROCEDURES AND GUIDELINES INCLUDING A NAME CHANGE FROM POLICE CITIZENS REVIEW BOARD AND REPEALING RESOLUTION 08 -77. Comment: See comments on previous two items. Action: Qlxe��`�ilime tea- ITEM 15. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. ITEM 15a Airport Zoning Brd of Adiustment — One vacancy to fill a five -year term January 1, 2012 - December 31, 2016. (New full term). Action: ITEM 15b Airport Zoning Brd of Adiustment — 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). September 17, 2013 City of Iowa City Page 11 ITEM 15c Historic Preservation Commission - One vacancy, for a Jefferson St. representative to fill three -year terms, March 29, 2013 - March 29, 2016. (New District formed). Action: ITEM 15d Historic Preservation Commission - One vacancy, for a Northside District representative, for an unexpired term, effective upon appointment, ending March 29, 2014. (Dana Thomann resigned). ITEM 16. 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 16a 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). ITEM 16b Public Art Advisory Committee - One vacancy to fill an unexpired term, effective upon appointment, ending January 1, 2015. (Melissa Mitchell resigned). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, SEPTEMBER 25, 2013. New: ITEM 16c Adjustment, Board of - One vacancy to fill a five -year term January 1, 2014 - January 1, 2019. (Term expires for T. Gene Chrischilles). ITEM 16d Appeals. Board of - One vacancy to fill a five -year term January 1, 2014 - December 31, 2018. (Term expires for Chad Campion). ITEM 16e Human Rights Commission - Two vacancies to fill three -year terms January 1, 2014 - January 1, 2017. (Terms expire for Diane Finnerty and Orville Townsend, Sr). ITEM 16f Parks and Recreation Commission - Three vacancies to fill four -year terms January 1, 2014 - January 1, 2018. (Terms expire for Allsion Gnade, John Westefeld and Clayton Claussen). ITEM 16g Public Art Advisory Committee - One vacancy to fill a three -year term January 1, 2014 - January 1, 2017. (Term expires for William Nusser). ITEM 16h Senior Center Commission - Iwo- vir- anc-es-4e- 4+H-tthreevear -terms Januanember 31, 2016. (Terms expire for Michael Lensing 1A11 APPLICATIONS Honohan). � !r APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, NOVEMBER 6, 2013. September 17, 2013 City of Iowa City Page 12 ITEM 17. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 18. CITY COUNCIL INFORMATI ITEM 19. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. b) City Attorney. c) City Clerk. ITEM 20. ADJOURN (to work session if necessary). 1?azxyL-l1 ""V: 33