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HomeMy WebLinkAbout2013-10-01 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 OCTOBER 1, 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 (7:40 p.m.), Throgmorton. Absent: None. Staff members present: Markus, Fruin, Bentley, Dilkes, Karr, Tharp, Bowers, Davidson, Fosse, Knoche, Clow, Bollinger. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Dobyns, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: September 17 Council Work Session; September 17 Council Special Formal and Regular Official & Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Airport Commission — July 18; Airport Commission — August 15; Airport Commission — September 3; Housing and Community Development Commission — August 15; Planning and Zoning Commission — September 5; Senior Center Commission — July 18; Telecommunications Commission — July 22. Permit Motions and Resolutions as recommended by the City Clerk. (Renewal): Class C Liquor License for Iron Hawk LLC, dba Iron Hawk, 122 E. Washington St.; Class C Liquor License for Howling Dogs Inc., dba Howling Dogs Bistro and Fair Grounds Coffeehouse, 345 S. Dubuque St.; Class C Beer Permit for ND Express, Inc. dba North Dodge Express, 2790 N. Dodge St.; Class C Beer Permit for HWZ L.L.C., dba RJ'Z Express, 2 Escort Lane; Class C Liquor License for I.C.B.B., LTD., dba Brown Bottle The, 115 E. Washington St.; Class C Beer Permit for On The Go Convenience Store, dba On The Go Convenience Stores, Inc., 2315 Muscatine Ave.; Special Class C Liquor License for Angela, Inc., dba Masala, 9 S. Dubuque St.; Class C Liquor License for Christian Retirement Services, dba Oaknoll Retirement Residence, 1 Oaknoll Court. (New): Class C Liquor License for Etre Givanni Restaurant LLC., dba Givanni's 109 E. College St. Resolutions and Motions: RES. 13 -291, ACCEPTING THE WORK FOR THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD SIDING AND SPUR IMPROVEMENTS PROJECT; RES. 13 -292, ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, WATER MAIN, CERTAIN SIDEWALK AND PAVING PUBLIC IMPROVEMENTS FOR LOTS 81 -92 AND OUTLOT F AND G OF CARDINAL RIDGE SUBDIVISION — PART THREE, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; Approve the appointment of Kasra Zarel as the City Council alternate liaison from the University of Iowa Student Government (UISG) to the City Council until May 1, 2014. Setting Public Hearings: RES. 13 -293, SETTING PUBLIC HEARING FOR OCTOBER 15, 2013, ON A PROPOSAL TO CONVEY THE PROPERTY LOCATED AT 321 EAST DAVENPORT STREET. Correspondence: Kathleen Henderson regarding Smoke from masonry chimneys [Staff response included]; Jerry Bokassa regarding Racism in the Senior Center; Shirley Smith; Beverly Blasingame regarding Ped Mall; Brian Flanagan regarding Downtown Cityscape designs; Steven Cooper regarding Towncrest Area Complete Description October 1, 2013 Page 2 Redevelopment [Staff response included]; Peter Evans regarding Use of Public Parks as Construction Staging Areas [Staff response included]; Jerry Bokassa regarding Copy of suit vs. Iowa City Transit Bus System and or Iowa City #57 Driver; Jerry Moore regarding White stripes on city crosswalks; Alec Brame] regarding Solid Waste Management and disposal; Traffic Engineering Planner regarding Installation of (1) NO PARKING CORNER TO HERE sign on the southwest corner of the Westgate Street and Gilmore Court intersection; Beverly Blasingame regarding Homelessness [Staff response included]. Mark Cannon, 706 Miller Ave., presented a power point of the Miller- Orchard Neighborhood requesting the City provide financial incentives to potential commercial developers. Moved by Throgmorton, seconded by Mims, to accept the Cannon power point. Mary Gravitt, 2714 Wayne Ave., appeared requesting the term "workforce housing" not be used in the Code; blocking of the sidewalk on Linn and College for restaurant uses; and construction on Lower Muscatine. UISG City Council Liaison Bramel introduced the new UISG City Council alternate Kasra Zarel, and Zarel provided brief remarks. Roger Knight, Jr., 320 E. Washington St., stated the potholes in the sidewalks are getting worse; stated he would be providing ideas on improving the downtown; and homeless issues. Brandon Ross, 1822 Rochester, appeared regarding the federal government shutdown and encouraged the local government to get more involved in affordable housing, global warming, pedestrian and bike ability issues creating a better environment for working class people. A public hearing was held on an ordinance amending 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). Moved by Throgmorton, seconded by Dickens, to continue the public hearing and defer consideration of the ordinance, amending 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), until November 12. Moved by Champion, seconded by Dickens, to accept correspondence from 94 residents of the Paddock at Saddlebrook, Belle Kenoyer, Cindy Roberts (2), Bob Oppliger, Megan Schwalm. 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 (REZ13- 00019/SUB13- 00012). The Mayor requested Council Members disclose any ex parte communications and none were reported. Moved by Champion, seconded by Dobyns, to continue the public hearing and defer consideration of the 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 15. Moved by Mims, seconded by Dobyns, 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 Multi - Family (RM -12) (REZ13- 00020), be given second vote. Correspondence from Tim Furman and Complete Description October 1, 2013 Page 3 Tracy Barkalow included in packet. The Mayor requested Council Members disclose any ex parte communications and none were reported. 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 -4556, 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 voted on for final passage at this time. Moved by Mims, seconded by Dickens, that the ordinance be finally adopted at this time. Moved by Mims, seconded by Dobyns, to accept correspondence from Kevin Monson. Moved by Dobyns, seconded by Dickens, that ORD. 13 -4557, 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), be passed and adopted. The Mayor requested Council Members disclose any ex parte communications and none were reported. The Mayor declared the ordinance adopted, 5/1, with the following division of roll call vote: Ayes: Mims, Champion, Dickens, Dobyns, Hayek. Nays: Throgmorton. Absent: Payne. Moved by Mims, seconded by Dickens, to adopt RES. 13 -294, APPROVING THE PRELIMINARY PLAT OF THE PALISADES, IOWA CITY, IOWA. PCD Dir. Davidson presented a power point. The Mayor declared the ordinance adopted, 5/1, with the following division of roll call vote: Ayes: Mims, Champion, Dickens, Dobyns, Hayek. Nays: Throgmorton. Absent: Payne. Moved by Mims, seconded by Dobyns, to adopt RES. 13 -295, APPROVING FINAL PLAT OF EASTBROOK FLATS ADDITION, IOWA CITY, IOWA. PCD Dir. Davidson presented a power point. Moved by Mims, seconded by Dobyns, to adopt RES. 13 -296, APPROVING FINAL PLAT OF COUNTRY CLUB ESTATES FIFTH ADDITION, IOWA CITY, IOWA. PCD Dir. Davidson presented a power point of both Fifth and Sixth Additions. Brandon Ross, 1822 Rochester Ave, appeared. Moved by Dickens, seconded by Dobyns, to adopt RES. 13 -297, APPROVING FINAL PLAT OF COUNTRY CLUB ESTATES SIXTH ADDITION. A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City and Ruppert Family, LLC for Lot 6 of the North Airport Development Subdivision and authorizing conveyance in accordance therewith. Moved by Mims, seconded by Dobyns, to adopt RES. 13 -298, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RUPPERT FAMILY, LLC FOR LOT 6 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. Moved by Throgmorton, seconded by Dobyns, to accept correspondence from Greg Downes. Moved by Mims, seconded by Dickens, to adopt RES. 13 -299, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RUPPERT FAMILY, LLC FOR 12.09 ACRES BETWEEN HIGHWAY 1 AND RUNWAY 7. Moved by Dickens, seconded by Dobyns, to accept correspondence from Greg Downes. Complete Description October 1, 2013 Page 4 Council Member Payne arrived 7:40. Public Works Dir. Fosse presented a power point outlining recommendations from staff and the consultants on the Gateway Project. Special Projects Adm. Clow present for discussion. The following individuals appeared: Laurie Cummins (read a statement from Dan Cummins), 12 Bella Vista Place; Joe Coulter, 1818 N. Dubuque St., distributed and read his remarks; Mary Gravitt, 2714 Wayne Ave.; Scott McDonough, 10 Bella Vista Place; Rebecca Neades, Iowa City Area Chamber of Commerce; Roger Knight, Jr., 320 E. Washington St.; Steve Tannen, 6 Bella Vista Place; Jan Alan, 815 N. Linn St.; Regenia Bailey; Becky Popelka; Nancy Carlson; Jason Hagehorn, 211 Richards St.; Julie Meyers; Derek Dallmann. Moved by Payne, seconded by Dobyns, to accept correspondence from Mary Lu Callahan, Eric Gidal, Meriam Belli, Steve Tannen, Dan Cummins, and Joe Coulter. Moved by Dobyns, seconded by Champion, to adopt RES. 13 -300, ESTABLISHING PARADE AND PUBLIC ASSEMBLY PERMIT FEES. Moved by Dobyns, seconded by Dickens, that the ordinance amending Title 10 of the City Code, entitled "Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," to make the insurance and indemnification provisions consistent with fee provisions by requiring fewer events to provide insurance and indemnification, be given first vote. Moved by Dobyns, seconded by Mims, that the ordinance amending Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices" to exempt certain public accommodations from age discrimination claims, be given first vote. Human Rights Coordinator Bowers present for discussion. Moved by Payne, seconded by Mims, to accept correspondence from Jim Throgmorton. Moved by Throgmorton, seconded by Dickens, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," section 6, entitled "Speed Restrictions ", Subsection C, entitled "School Speed Zones" to create a 20 mph school speed zone for Mann Elementary School, be given first vote. Chris Welu Reynolds and Sarah Clark appeared. Moved by Mims, seconded by Dickens, to appoint Paul Retish, 66 Penfro Drive, to the Human Rights Commission for an unexpired term, effective upon appointment, plus a three -year term ending January 1, 2017; appoint Amanda Renaud, 507 % Kimball Road, to the Public Art Advisory Committee for an unexpired term, effective upon appointment, ending January 1, 2015. Moved by Payne, seconded by Champion, to accept correspondence from Rachel Campbell and Amanda Renaud. 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 previously announced vacancies to Boards and Commissions: Adjustment, Board of for a five -year term January 1, 2014 — January 1, 2019; Appeals, Board of, for a five -year term January 1, 2014 - December 31, 2018; 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 Complete Description October 1, 2013 Page 5 formed); Historic Preservation Commission for a Northside District representative, for an unexpired term, effective upon appointment, ending March 29, 2014; 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. Applications must be received by 5:00 p.m., Wednesday, November 6, 2013. The Mayor noted the current vacancies: Appeals, Board of, for an Unexpired Term Effective upon Appointment— December 31, 2015; Senior Center Commission for two vacancies, one to fill a three -year term January 1, 2014 — December 31, 2016, and one to fill an unexpired term plus a three -year term effective upon appointment, ending December 31, 2016. Applications must be received by 5:00 p.m., Wednesday, November 6, 2013. Moved by Payne, seconded by Dobyns to accept correspondence from Michael Lensing. Council Member Dobyns noted October 1 was the first day for signing up for Obamacare (Affordable Care Act), and encouraged those needing assistance with computers to visit the Iowa City Public Library and staff is available to assist you. Council Member Dickens reminded everyone of the macaroni and cheese fundraiser at the Senior Center from 4:00 -6:00 on Friday night before the homecoming parade. Council Member Throgmorton encouraged everyone to register and participate in the Run for the Schools event on October 20; and noted the Iowa City Book Festival on October 11. Mayor Hayek announced that Adm. Asst. Adam Bentley had taken a position as Asst. City Manager in Manhattan, Kansas and wished him the best in his new position. City Manager Markus echoed the comments and stated everyone is very proud of Adam and stated he will be missed. Moved by Mims, seconded by Payne, to adjourn meeting 8:55 p.m. Matthew a ek, Mayor Marian K. Karr, City Clerk 10 -01 -13 CITY OF IOWA CITY 2a(1) MEMORANDUM - Date: September 26, 2013 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, September 17, 2013, 5:00 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton UISG: Brame[ Staff: Markus, Fruin, Bentley, Dilkes, Karr, Fosse, Davidson, Moran, Knoche, O'Brien, Rummel, Bockenstedt, Clow 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 # 4d(1) City Street Financial Report; and # 4e(3) .... Offer re City - owned land north of Court Street Transportation Center) Council Member Throgmorton asked to move both items from the Consent Calendar for separate consideration at the formal meeting; and have staff present a brief summary prior to consideration. 2. (Consent Calendar # 4d(2) — West Side Levee... ) In response to Council Member Payne, City Atty. Dilkes stated she did not have a conflict on this matter. 3. (Consent Calendar # 4f(5) — Letter from Karen Fox: Compeer) In response to Council Member Throgmorton, PCD Dir. Davidson stated he would have staff prepare a memo. 4. (Consent Calendar # 4f(6) — Cecilia Norris: Need for an adult crossing guard ... ) Council Member Payne noted the school should be Horn and not Hoover. City Clerk Karr stated it would be corrected. 5. (Agenda Item # 9 — Personal Property in the Downtown .....) Council Member Throgmorton noted he distributed hard copy proposed amendments assuming Council adopts the ordinance; and stated he had reviewed the non - substantive amendments and procedure with the City Attorney. COUNCIL APPOINTMENTS (Agenda # 15) Airport Zoning Bd. Of Adjustment — No applicants, re- advertise Historic Preservation Commission — No applicants, re- advertise STAFF OVERVIEW OF THE GATEWAY PROJECT STATUS AND DESIGN CONSIDERATIONS [IP # 2 of 9/5 Info Packet and IP # 3 of 9/12 Info Packet] Public Works Dir. Fosse facilitated the discussion, and introduced Mark Pierson from HNTB (consultants). City Engr. Knoche and City Special Projects Engr. Clow present for discussion. Also present from HNTB were: John Blancett, Kyle Kroner, Steve Wells, Natalie McCombs, and Matt Spencer. HNTB Pierson presented a power point. ACTION: Prepare response to questions raised for the October 1 meeting. (Fosse) Council Work Session September 17, 2013 Page.2 INFORMATION PACKET DISCUSSION (September 5, 121 September 5 1. (IP # 5 — Invitation Synthetic Drug Awareness Open House) Mayor Pro tem Mims noted the open house scheduled for September 26 at the Coralville Public Library. 2. (IP # 4 — Copy of letter from City Manager to participating jurisdictions: Status of New Animal Care & Adoption Center) Council Member Dobyns referenced the letter noting the inclusion of geothermal in the plan, and questioned other jurisdiction payments should the project exceed the budget. City Manager Markus explained the jurisdiction had accepted the maximum budget proposed and the understanding is that if the budget comes in higher than Iowa City will be making an additional request. September 12 1. (IP # 4 — KXIC Radio Show) Council Members agreed to the following schedule: September 18 — Dobyns September 25 - Hayek October 2 - Payne October 9 - Throgmorton October 16 — Mims 2. (IP # 6 - ... Information from the Iowa City Local Homeless Coordinating Board) Council Member Dobyns referenced the materials and stated he was excited that the City was continuing to work with various groups to evaluate the program. COUNCIL TIME AND MEETING SCHEDULE 1. Council Member Throgmorton thanked staff for their efforts in rescheduling the Strategic Planning Session. City Clerk Karr confirmed the November 25 date and Terry Trueblood Recreation Area location. PENDING WORK SESSION TOPICS FIP # 5 of 9/212 Info Packet] None UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS 1. Mayor Pro tem Mims and Council Member Throgmorton indicated their interest in attending the CBJ Luncheon on September 24. City Clerk Karr will follow up. 2. UISG Bramel indicated a number of students will be attending the meeting on September 18 on the streetscape project, and Asst. City Mgr. Fruin would be meeting with UISG Senate the following Tuesday on the project. Meeting adjourned 6:42 PM. 2a(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 — 9/17/13 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: 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 and seconded 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 Times Club at Prairie Lights, 15 S. Dubuque St.; Class E Liquor License for Liquor Downtown, 315 S Gilbert St.; Class C Liquor License for Los Portales, 1402 S Gilbert St.; Class C Liquor License for Chipotle Mexican Grill, 201 S Clinton St., Suite 112; Class B Beer Permit for Oktobertfest, 202 N Linn St.; Class C Beer Permit for Hy Vee Gas #1, 260 Stevens; Dr.; Class C Beer Permit for Dan's Short Stop Corporation, 2221 Rochester Ave.; Class C Beer Scott Blvd Hawkeye; Convenience Store, 2875 Commerce Dr.; Class C Liquor License for Blue Moose, 211 Iowa Ave.; Class C Liquor License for The Saloon, 112 E College St.; Class C Liquor License for Bread Garden Market and Bakery, 225 S Linn St.; Class C Liquor License for Givanni's, 109 E College St.; Class C Liquor License for 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 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 Official Actions September 17, 2013 Page 2 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 and seconded to adopt RES. 13 -284, APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2013. Moved and seconded 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. Mary Gravitt, 2714 Wayne Ave., distributed correspondence regarding ADA automatic openers on the second floor restroom doors at the public Library. Moved and seconded 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. 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 Official Actions September 17, 2013 Page 3 Low Density Multi - Family (RM -12) Zone to Planned Development Overlay /Low Density Multi - Family (OPD -RM12) Zone (REZ13- 00019/SUB13- 00012). Duane Musser, MMS Consultants, appeared on behalf of the applicant. Moved and seconded 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). Glenn Siders, Southgate Development Services, appeared representing the owners. Clifton Young, 1124 Dodge St. Ct. and Tim Furman, 1263 Dodge St. Ct. appeared. Moved and seconded 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 and seconded 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. Moved and seconded 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 and seconded 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 and seconded that ORD. 13 -4551, AMENDING TITLE 14: ZONING TO DELETE THE SPECIFIC STREET WIDTH REQUIREMENT FOR DAYCARE USES, GENERAL EDUCATIONAL FACILITIES, AND RELIGIOUS /PRIVATE GROUP ASSEMBLY, be passed and adopted. 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 (REZ1 1 -00010), be given second vote. The Mayor declared the motion carried, 6/1. Moved and seconded 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. Moved and seconded to accept correspondence from Edward Wasserman, Jim & Judy Buddenbaum, William Pusateri.. Official Actions September 17, 2013 Page 4 Moved and seconded 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. Moved and seconded 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. Moved and seconded 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 and seconded 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 and seconded that ORD. 13 -4554, 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 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. The Mayor declared the ordinance adopted, 6/1. Moved and seconded to accept correspondence from Beth Ingram, Kristin Johnson, Katherine Jones, Joy Smith and David Rust, Karen Nichols, Phil Kemp, Miranda Peyton, Ritu Jain. Moved and seconded to adopt RES. 13 -288, ADOPTING A POLICY FOR UNATTENDED PROPERTY THAT IS SEIZED. The Mayor declared the resolution adopted, 6/1. 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 -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 Official Actions September 17, 2013 Page 5 voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded 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 and seconded to adopt RES. 13 -290, TO ADOPT THE IOWA CITY CITIZENS POLICE REVIEW BOARD STANDARD OPERATING PROCEDURES 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. Moved and seconded to adjourn meeting 10:37 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 /MarianK. Karr, City Clerl� /�� Submitted for publication - 9/24/13. �� 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 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 Complete Description 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 (REZ13- 00019/SUB13- 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 Complete Description 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 Al -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 Complete Description 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 Marian K. Karr, City Clerk