HomeMy WebLinkAbout2013-09-17 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 17, 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, Bentley,
Dilkes, Karr, Davidson, Bockenstedt, Obrien, Moran, Rummel, Knoche.
The Mayor proclaimed: Constitution Week — September 17 -23; National Hispanic
Heritage Month - September 6 through October 15, Human Rights Commissioner Jewell
Amos accepting; No Text on Board — Pledge Day — September 19; Anniversary of
National Public Lands Day — September 28, Jeff Peck, U.S. Army Corporation of
Engineers accepting.
A special presentation of a $10,000 check was made to the Parks and Recreation
Department by Sam Abusada, President Iowa City Kickers Club and Roger Lusala, Past
President of the Iowa City Kickers Club. Parks & Recreation Dir. Moran present.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Throgmorton, seconded by Champion, that the items and
recommendations in the Consent Calendar be received, or approved, and/ or adopted
as amended and to consider separately Items 4d(1), Street Financial Report and 4e(3)
Offer regarding City owned land North of Court Street Transportation Center:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: September 3 Council Work Session; September 3 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); Parks
and Recreation Commission — July 10; Planning and Zoning Commission — July 18;
Planning and Zoning Commission — August 1; Planning and Zoning Commission —
August 15; Rules Committee — September 11.
Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal)
Class C Liquor License for Prairie Lights Books, Inc., dba Times Club at Prairie
Lights, 15 S. Dubuque St.; Class E Liquor License for Liquor Downtown, dba Liquor
Downtown, 315 S Gilbert St.; Class C Liquor License for Los Portales Mexican
Restaurant, dba Los Portales, 1402 S Gilbert St.; Class C Liquor License for
Chipotle Mexican Grill of Colorado, dba, Chipotle Mexican Grill, 201 S Clinton St.,
Suite 112; Class B Beer Permit for Iowa City Downtown District, dba Oktobertfest,
202 N Linn St.; Class C Beer Permit for Hy Vee, Inc., dba Hy Vee Gas #1, 260
Stevens; Dr.; Class C Beer Permit for Dan's Short Stop Corporation, dba Dan's
Short Stop Corporation, 2221 Rochester Ave.; Class C Beer Permit for Hawkeye Oil
Company, dba Scott Blvd Hawkeye; Convenience Store, 2875 Commerce Dr.; Class
C Liquor License for Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave.; Class C
Liquor License for Saloon of Iowa City, L.C., dba The Saloon, 112 E College St.;
Class C Liquor License for Bread Garden of Iowa City, L.C., dba Bread Garden
Market and Bakery, 225 S Linn St.; Class C Liquor License for Givanni's Of Iowa
City, Inc., dba Givanni's, 109 E College St.; Class C Liquor License for Mondo's of
Iowa City, Inc., dba Joseph's Steakhouse, 212 S Clinton St.
Resolutions and Motions: RES. 13 -279, AUTHORIZING THE MAYOR SIGN
AND THE CITY CLERK TO ATTEST AGREEMENTS BETWEEN MIDAMERICAN
ENERGY COMPANY AND THE CITY OF IOWA CITY FOR THE RELOCATION OF
UTILITIES NECESSARY TO ACCOMMODATE THE WEST SIDE LEVEE
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September 17, 2013
Page 2
PROJECT; RES. 13 -280, ACCEPTING THE WORK FOR THE DEWEY STREET
BRICK RECONSTRUCTION PROJECT; RES. 13 -281, 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; RES. 13 -282, APPROVING AN AGREEMENT BETWEEN THE
CITY AND SOUTH SLOPE FOR USE OF THE LIBRARY ROOF FOR PROVISION
OF FREE WI -FI SERVICE TO PORTIONS OF DOWNTOWN.
Setting Public Hearings: RES. 13 -283, SETTING A PUBLIC HEARING FOR
OCTOBER 1, 2013 TO CONSIDER A PROPOSAL TO CONVEY LOT 6 OF THE
NORTH AIRPORT DEVELOPMENT SUBDIVISION TO RUPPERT FAMILY, LLC.;
Setting a public hearing for October 1 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.
Correspondence: Bob Temple regarding Sycamore Mall Closures [Staff response
included]; Sue Forde regarding Another Source of Biomass for Fuel [Staff response
included]; Lora Dinsdale (2) regarding Open container in public [Staff response
included]; John Thomas; Jennifer Wagner and other Northside residents, Mark Wyatt,
K. Jesse Singerman, Kelly Fanizzo, Mary Murphy, Patricia Ephgrave regarding
Gateway Project; Karen Fox regarding Compeer; Cecilia Norris regarding Need for an
adult crossing guard at Horn School [Staff response included x2]; Traffic Engineering
Planner regarding 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.
Moved by Champion, seconded by Mims, to adopt RES. 13 -284, APPROVING THE
CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30,
2013. Finance Dir. Bockenstedt presented a power point.
Moved by Champion, seconded by Dobyns, to adopt RES. 13 -285, 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. PCD Dir. Davidson present for discussion.
Mary Gravitt, 2714 Wayne Ave., distributed correspondence regarding ADA
automatic openers on the second floor restroom doors at the public Library. Moved by
Throgmorton, seconded by Payne, to accept correspondence. Rockne Cole, 1607 E.
Court St., appeared regarding the Hieronymus Square project at the corner of Clinton
and Burlington. Dr. Laura Dunlap, 39 Montgomery Place, appeared regarding
Constitution Week. Mayor Hayek read the proclamation announced earlier in the
Complete Description
September 17, 2013
Page 3
meeting. Roger Knight Jr., 320 E. Washington St., appeared regarding sidewalks
needing repair; Mediacom service to low income residents; the need for trimming trees
and loose bricks in the Ped Mall downtown. Bruce Ayati, 821 N. Linn St.; appeared
regarding the Gateway Project. Brandon Ross, 1822 Rochester Ave., appeared
regarding the celebration of the Constitution.
A public hearing was held 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 (REZ1 3-00019/SUB1 3-00012). The Mayor requested
Council Members disclose any ex parte communications and none were reported. PCD
Dir. Davidson presented a power point. Individual Council Members expressed their
views. Duane Musser, MMS Consultants, appeared on behalf of the applicant. Moved
by Mims, seconded by Dickens to continue public hearing and defer 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), until October 1St
A public hearing was held 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). The Mayor requested Council Members disclose any ex parte communications
and Dobyns reported. PCD Dir. Davidson presented a power point. Glenn Siders,
Southgate Development Services, appeared representing the owners. Clifton Young,
1124 Dodge St. Ct. and Tim Furman, 1263 Dodge St. Ct. appeared. Individual Council
Members expressed their views. Moved by Payne, seconded by Champion, to accept
correspondence from Cheryl Cruise, Stephen Wootton, Mary Lou Emery, Tim and Kate
Furman, Alan and Carol MacVey, Lori Lee Dockery, Oscar Graham, Clif and Teresa
Young.
Moved by Dobyns, seconded by Mims, that the ordinance conditionally rezoning
approximately 2.19 acres located north of Dodge Street Court, east of Conklin Lane, and
south of Dodge Street from Community Commercial (CC -2) to Low Density MultiFamily
(RM -12) (REZ13- 00020), be given first vote.
A public hearing was held 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.
PCD Dir. Davidson presented a power point.
Moved by Mims, seconded by Dickens, that the 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, be
given first vote.
Moved by Payne, seconded by Dickens, that ORD. 13 -4550, AMENDING TITLE 14:
ZONING TO BROADEN THE USES ALLOWED IN THE INTENSIVE COMMERCIAL
(CI -1) ZONE, be passed and adopted.
Moved by Champion, seconded by Throgmorton, that ORD. 13 -4551, AMENDING
TITLE 14: ZONING TO DELETE THE SPECIFIC STREET WIDTH REQUIREMENT
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September 17, 2013
Page 4
FOR DAYCARE USES, GENERAL EDUCATIONAL FACILITIES, AND
RELIGIOUS /PRIVATE GROUP ASSEMBLY, be passed and adopted.
Moved by Mims, seconded by Dickens, 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 (REZ1 1 -00010), be
given second vote. The Mayor requested Council Members disclose any ex parte
communications and none were reported. 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, that ORD. 13 -4552, 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), be passed and adopted. The following individuals appeared:
Ed Wasserman, 555 N. First Avenue presented a power point; Judy Buddenbaum, 557
N. First Avenue; Jim Jacob, VJ Engineering appeared on behalf of the applicant, and
presented a power point. City Engr. Knoche present for discussion. Moved by Mims,
seconded by Dobyns, to accept correspondence from Edward Wasserman, Jim & Judy
Buddenbaum, William Pusateri..
Moved by Payne, seconded by Mims, to approve sending a letter to Johnson County
Board of Adjustment for a conditional use permit for AI -Iman Center Cemetery on
Sharon Center Road.
A public hearing was held on a resolution amending the FY2014 Operating Budget.
Finance Dir. Bockenstedt presented a power point.
Moved by Mims, seconded by Dickens, to adopt RES. 13 -286, AMENDING THE
CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2014 OPERATING
BUDGET.
A public hearing was held on a resolution approving plans, specifications, form of
contract and estimate of cost for the construction of 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. Gregg Geerdes, 890 Park Place, appeared. Parks & Rec. Dir. Moran present for
discussion.
Moved by Payne, seconded by Dobyns, to adopt RES. 13 -287, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF 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.
Moved by Dobyns, seconded by Payne, that ORD. 13 -4553, 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 passed and
adopted.
Moved by Champion, seconded by Dobyns, that ORD. 13 -4554, AMENDING TITLE
8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS
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September 17, 2013
Page 5
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 passed and adopted. The following individuals appeared: Roger Knight,
Jr., 320 E. Washington St.; Robert Britt, Rundell St.; Phil Kemp, Trinity Episcopal
Church, 1905 Muscatine Ave.; Nancy Bird, Ex. Dir. Downtown District, 141/2 S. Clinton
St.; Amanda Van Horne, Trinity Episcopal Church, 1722 Ridgeway Dr.; Bill Nusser,
downtown business owner and President of Iowa City Downtown District, 508 River St.;
Karen Nichols, 1737 F St.; Astrid Bennett, Iowa Artisans Gallery; Rev. Ben Webb,
Trinity Episcopal Church; and Jan Palmer, 814 Bowery St. Individual Council Members
expressed their views. The Mayor declared the ordinance adopted, 6/1, with the
following division of roll call vote. Ayes: Mims, Payne, Champion, Dickens, Dobyns,
Hayek. Nays: Throgmorton. Council Member Throgmorton stated he would be making
two separate motions as distributed on page 2 of his handout to Council. Moved by
Throgmorton, seconded by Mims, to instruct staff not to enforce the personal
possessions provisions of the ordinance until a location for safe, secure, and accessible
temporary storage of personal possessions is provided. Individual Council Members
expressed their views. The Mayor declared the motion to amend failed, 1/6,
Throgmorton voting "yes ". Moved by Throgmorton, seconded by Mims, that the City
acknowledge receipt of the Johnson County Local Homeless Coordinating Board's
(LHCB's) recent working paper concerning the "Housing First" option and the Frequent
User Service Enhancement, or FUSE, model; and that we direct the staff to assist the
LHCB in developing the details of how Housing First and the FUSE model can best be
applied to the problem of homelessness and associated ills in Iowa City. Individual
Council Members expressed their views. The Mayor declared the motion to amend
failed, 1/6, Throgmorton voting "yes ". Moved by Champion, seconded by Mims, to
accept correspondence from Beth Ingram, Kristin Johnson, Katherine Jones, Joy Smith
and David Rust, Karen Nichols, Phil Kemp, Miranda Peyton, Ritu Jain.
Moved by Payne, seconded by Mims, to adopt RES. 13 -288, ADOPTING A POLICY
FOR UNATTENDED PROPERTY THAT IS SEIZED. Individual Council Members
expressed their views. The Mayor declared the resolution adopted, 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, 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 -4555, 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 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, to adopt RES. 13 -289, APPROVING THE
BY -LAWS OF THE CITIZENS POLICE REVIEW BOARD, INCLUDING A NAME
CHANGE FROM POLICE CITIZENS REVIEW BOARD AND REPEALING
RESOLUTIONS 97 -394, 98 -52, 98 -303, 01 -10, 01 -251, AND 03 -189.
Moved by Payne, seconded by Mims, to adopt RES. 13 -290, TO ADOPT THE IOWA
CITY CITIZENS POLICE REVIEW BOARD STANDARD OPERATING PROCEDURES
Complete Description
September 17, 2013
Page 6
AND GUIDELINES INCLUDING A NAME CHANGE FROM POLICE CITIZENS
REVIEW BOARD AND REPEALING RESOLUTION 08 -77.
The Mayor noted no applications were received for the following vacancies and all
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 plus an additional five -year term
January 1, 2014 — December 31, 2018; Historic Preservation Commission for a
Jefferson St. representative to fill three -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. Applicants MUST reside in Iowa City and be 18 years of age unless specific
qualifications are stated. [Staff will not publish additional notices after a period of six
publications; but will continue to advertise vacancies with postings and on the Council
agenda. However, no additional publication costs will be incurred.]
The Mayor noted the previously announced Board and Commission vacancies:
Human Rights Commission for an unexpired term, effective upon appointment, plus a
three -year term ending January 1, 2017; Public Art Advisory Committee for an
unexpired term, effective upon appointment, ending January 1, 2015. Applications must
be received by 5:00 p.m., Wednesday, September 25, 2013.
The Mayor noted the current vacancies: Adjustment, Board of for a vacancy to fill a
five -year term January 1, 2014 — January 1, 2019; Appeals, Board of, for a five -year
term January 1, 2014 - December 31, 2018; Human Rights Commission for two
vacancies to fill three -year terms January 1, 2014 — January 1, 2017; Parks and
Recreation Commission for three vacancies to fill four -year terms January 1, 2014 —
January 1, 2018; Public Art Advisory Committee for a three -year term January 1, 2014 —
January 1, 2017; Senior Center Commission for two vacancies to fill three -year terms
January 1, 2014 — December 31, 2016. Applications must be received by 5:00 p.m.,
Wednesday, November 6, 2013.
Council Member Dickens reported on the great entertainment at the Soul Fest the
previous week -end.
Council Member Champion noted the remarks earlier regarding dirt on First Avenue
as a result of construction; and noted she had resigned from the Criminal Justice
Coordinating Committee when the jail bond issue failed.
Mayor Hayek reported on a meeting with the Japanese delegation from the State
Department earlier in the day; and the Oktoberfest event September 28.
City Manager Markus stated the City had received a $4.8 million grant to protect
clear zones at the Airport.
Moved by Payne, seconded by Mims, to adjourn meeting 10:37 p.m.
Matthew J. Hayek, Mayor
-A~ x-
Marc an K. Karr, City Clerk
r
CITY OF IOWA CITY 4a(1)
A2 I MEMORANDUM
Date: September 11, 2013
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, September 3, 2013, 5:10 PM in Emma J. Harvat Hall
Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton
UISG: Bramel
Staff: Markus, Fruin, Bentley, Dilkes, Karr, Fosse, Davidson, Morris, Knoche, Andrew,
Steffen, Moreno, Boothroy, 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
(Agenda item # 7 — Personal property in the Downtown .... Ordinance... Ped Mail)
Council Member Throgmorton asked if Council would consider moving the item up
earlier on the agenda. Majority voiced concerns about taking items out of order for
individuals who may not be in attendance at the beginning of the meeting and agreed to
wait and consider the request at the formal meeting if necessary. Council Member
Throgmorton stated his intent to suggest amendments at the formal meeting.
2. (Agenda item # 5b — First and Rochester rezoning...) Mayor Hayek noted the request to
expedite, and stated his sense to proceed with second consideration only.
3. (Agenda item # 9 — Recommendations regarding Police Citizens Review Board) In
response to Council Member Payne, City Atty. Dilkes and City Clerk Karr clarified that
the name change would not affect the City Charter but only Title 8, and would include a
reference to "formerly known as ". In response to Council Member Throgmorton, City
Mgr. Markus stated the Ad hoc Diversity Committee no longer exists and all updates to
recommendations would be available on the City website so citizens can monitor each
recommendation.
COUNCIL APPOINTMENTS (Agenda # 11)
Public Art Advisory Committee — Brent Westphal
STAFF UPDATE ON FIRST AVENUE GRADE SEPARATION PROJECT
City Engr. Knoche presented a power point, and reviewed the timeline as follows:
➢ Complete all utility work in 2014
➢ September or October 2014 letting
➢ Begin work spring of 2015
➢ Construction 2015 and 2016
ACTION: Proceed as outlined. (Knoche)
Council Work Session
September 3, 2013
Page 2
DISCUSSION OF LARGE ASSEMBLY EVENT PERMIT FEES fIP3 of 8/29 Info Packetl
Adm. Asst. to City Manager Bentley presented a power point. Majority agreed in having staff
prepare ordinance for Council consideration.
ACTION: Proceed as outlined. (Bentley)
STAFF UPDATE ON THE ANIMAL SHELTER PROJECT I1P4 of 8/29 Info Packetl
Architectural Services Coordinator Morris introduced Sally Ness, Neumann Monson Architects,
who presented a power point. Public Works Dir. Fosse and Liz Ford, Animal Care Technician
present for discussion.
ACTION: Proceed as outlined and include geothermal component. (Morris)
INFORMATION PACKET DISCUSSION rAuaust 291
August 29
1. (IP # 22 — Police Citizens Review Minutes) Council Member Dobyns noted page 41 of
the Annual Report attached to the August 12 minutes and questioned the level of review
and process for review. City Clerk Karr reviewed the process and distributed a handout.
2. (IP7 — memo from City Clerk ... Police Citizens Review Member Terms) Council
Member referenced the memo regarding the history of Police Citizen Review members
serving more than two terms, and stated no one had served more than two terms.
Majority of Council agreed not to pursue the recommendation from the Ad hoc Diversity
Committee to impose term limits for this Board. In response to Council Member
Throgmorton, City Mgr. Markus stated the Ad hoc Diversity Committee no longer exists
and all updates to recommendations would be available on the City website so citizens
can monitor each recommendation.
3. (IP11 — Corridor Business Journal Luncheon...) Mayor Pro tem Mims pointe dup the
information did not have information on when and where the event would be held. City
Clerk will provide more information.
4. (IP21 — Human Rights Commission minutes...) Mayor Pro tem Mims the minutes noted
a conference on Racial Justice and Disproportion Minority Incarceration to be held on
October 17 and questioned City participation. City Manager Markus confirmed City
representatives would be in attendance.
COUNCIL TIME AND MEETING SCHEDULE
1. Council Member Throgmorton asked if the Strategic Planning Session scheduled for
Tuesday, November 26, could be changed to allow members to travel for the
Thanksgiving holiday. Members suggested moving the session to Friday afternoon,
November 22. City Clerk Karr will contact the facilitator about availability and report
back.
2. Individuals confirmed the KXIC schedule as follows:
September 4 — Mims
September 11 - Dickens
September 18 - Dobyns
PENDING WORK SESSION TOPICS RP # 5 and 6 of 8129 Info Packetl
Council Work Session
September 3, 2013
Page 3
Council Member Throgmorton requested a work session be scheduled to discuss the
challenge of homelessness in the community. After discussion a majority requested a
memo providing an update of local discussions.
2. Council Member Champion requested the discussion of locations of public housing be
scheduled prior to her term ending.
UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS
None
Meeting adjourned 6:40 PM.
AWT Mr
4a(2)
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 — 9/3/13
Iowa City City Council special meeting 5:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded to adjourn to executive session to discuss strategy with
counsel in matters that are presently in litigation or where litigation is imminent where its
disclosure would be likely to prejudice or disadvantage the position of the governmental
body in that litigation. The Mayor declared the motion carried.
Moved and seconded to adjourn special meeting 5:08 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/M r' n K. Karr, City CI r
Submitted for publication — 9/10/13
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS — 9/3/13
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.
The Mayor proclaimed Synthetic Drugs Awareness Week, accepted by Amy
Sorensen, Iowans Against Synthetics.
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 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 Theatre, 221 E.. Washington St.;
(Renewal) Class C Beer Permit for Casey's General Store #2781, 1410 Willow
Creek Dr.; Class C Beer Permit for Casey's General Store #2761, 204 N Dubuque
St.; Class C Liquor License for Motley Cow Cafe, 160 N Linn St.; Class C Liquor
License for Airliner Bar, 22 S. Clinton St.Outdoor Service Area for The Vine
Tavern & Eatery, 330 E. Prentiss St.; Class C Liquor License for Short's Burger and
Shine, 18 S. Clinton St.; Class C Liquor License for Gabe's, 330 E. Washington St.;
Outdoor Service Area for 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 Multi Family (RM -12) (REZ13- 00020); Setting a
public hearing for September 17 on an ordinance amending Title 14: Zoning to allow
additional building height and floor area, alternative ground floor transparency and
building articulation standards, and lower parking requirements for properties zoned
Official Actions
September 3, 2013
Page 2
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 following individuals appeared: Developer Jessie Allen and Anthony
Frey, 19 Caroline Ct.
Moved and seconded 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. The Mayor declared the motion carried, 6/1.
Moved and seconded to move up item 7, ordinance concerning the Ped Mall, for
consideration at this time. The Mayor declared the motion defeated, 2/5.
Moved and seconded 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 - Family
(OPD /RM -12) Zone (REZ13- 00004), be given second vote. 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. 1St Ave.; and Jim Buddenbaum, 557 N. 1St Ave. The Mayor
declared the motion carried, 6/1. Moved and seconded to accept correspondence from
Jeff Miller, Ed Wasserman [staff response included], Judy Buddenbaum (2), Bill
Pusateri, Connie Smith, Edie Pierce - Thomas, Sue Forde.
Moved and seconded to move up item 7, an ordinance concerning the Ped Mall, for
consideration at this time.
Official Actions
September 3, 2013
Page 3
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 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. Moved and seconded 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. The Mayor declared the original motion for second consideration carried,
5/2. Moved and seconded to accept correspondence from Palmer Holden, David Rust
and Joy Smith, Michael Briggs, Brian Flanagan, Geoffrey Hacker (2), Kate Minette,
Craig Willis.
Moved and seconded that the ordinance amending Title 14: Zoning to broaden the
uses allowed in the Intensive Commercial (CI -1) Zone, be given second vote.
Moved and seconded 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 and seconded 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.
Moved and seconded 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.
Moved and seconded that ORD. 13 -4548 VACATING A PORTION OF ST.
CLEMENT STREET (VAC12- 00005), be passed and adopted.
Moved and seconded to adopt RES. 13 -276, APPROVING THE PRELIMINARY
PLAT OF ROBERTS DAIRY ADDITION, IOWA CITY, IOWA. (SUB12- 00012).
Moved and seconded to adopt RES. 13 -277, APPROVING FINAL PLAT OF
BROOKWOOD POINTE THIRD ADDITION, IOWA CITY, IOWA (SUB13- 00009).
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 second vote.
Moved and seconded 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
Official Actions
September 3, 2013
Page 4
"SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE
RESIDENTIAL SOLID WASTE COLLECTION FEES, be passed and adopted.
Moved and seconded 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 and seconded to adopt RES. 13 -278, RATIFYING SETTLEMENT OF
IMMINENT LITIGATION.
Moved and seconded 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 -
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. 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.] Moved and
seconded to accept correspondence from Daniel Tallon.
Moved and seconded to adjourn meeting at 10:25 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��
Submi d p bfication��— 99''/11/13. ��
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356 -5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
SEPTEMBER 3, 2013
Iowa City City Council special meeting 5:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes,
Karr, Bentley, Fosse, Knoche, Rummel, Davidson, Andrew, Bockenstedt, Morris,
Steffen, Moreno.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Payne, seconded by Champion, to adjourn to executive session to
discuss strategy with counsel in matters that are presently in litigation or where litigation
is imminent where its disclosure would be likely to prejudice or disadvantage the
position of the governmental body in that litigation. The Mayor declared the motion
carried and adjourned into executive session 5:01 p.m.
Council returned to open session 5:07 p.m.
Moved by Mims, seconded by Dobyns, to adjourn special meeting 5:08 p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
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. 1 s 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
Marian K. Karr, City Clerk