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HomeMy WebLinkAbout2013-04-09 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. Iowa City ==- -4 Itt City Council Agenda Special Formal CITY OF IOWA CITY April 9, 2013 - 7:00 p.m. City Hall — Harvat Hall 410 E. Washington Street &kttl� www.icgov.org ITEM 1. CALL TO ORDER. ITEM 1 a Roll Call ITEM 2. STUDENT CITIZENSHIP AWARDS — Lucas Elementary ITEM 2a Kate Goodvin ITEM 2b Nhan Ha To ITEM 2c Cade Hanrahan ITEM 3. PROCLAMATIONS ITEM 3a Barbershop Harmony Week — April 7 -13 ITEM 3b Bill Sackter Day — April 13 ITEM 3c Days of Remembrance —April 7 -14 ITEM 3d National Service Recognition Day —April 9 - kv&,k.1 ITEM 3e Strive for Success Day — April 20-' Cam ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OK < AMENDED. ITEM 4a. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: ITEM 4a(1) March 19 Council Work Session ITEM 4a(2) March 19 Council Regular Formal Official & Complete ITEM 4b. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). ITEM 4b(1) Board of Adjustment — February 13 ITEM 4b(2) Historic Preservation Commission — February 14 ITEM 4b(3) Historic Preservation Commission — March 1 ITEM 4b(4) Human Rights Commission — January 28 ITEM 4b(5) Human Rights Commission — February 19 ITEM 4b(6) Planning & Zoning Commission (informal) — March 4 ITEM 4b(7) Planning & Zoning Commission (formal) — March 7 April 9, 2013 City of Iowa City Page 2 ITEM 4c. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal) ITEM 4c(1) Class C Liquor License for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St. ITEM 4c(2) Outdoor Service Area for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St. ITEM 4c(3) Class C Liquor License for Iowa City Lodge No. 590 B.P.O. Elks of U.S. A., dba B.P.O. Elks #590, 637 Foster Rd. ITEM 4c(4) Class C Liquor License for The Bandits, LLC, dba El Banditos, 327 E. Market St. ITEM 4c(5) Class C Liquor License for Sultana, Inc., dba El Dorado Mexican Restaurant, 1634 Sycamore St. ITEM 4c(6) Class C Liquor License for Ranger Enterprises, Inc., dba The Deadwood, 6 S. Dubuque St. ITEM 4c(7) Outdoor Service Area for Ranger Enterprises, Inc., dba The Deadwood, 6 S. Dubuque St. ITEM 4d. Resolutions and Motions: ITEM 4d(1) RELEASE OF LIEN 316 4T" AVENUE - RESOLUTION AUTHORIZING 3 - $ THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 316 4T" AVENUE, IOWA CITY, IOWA. Comment: The Iowa Valley Habitat for Humanity owns the property located at 316 4th Avenue and received assistance through the City of Iowa City's FY12 HOME Investment Partnership Program funds. The HOME assistance is secured by a mortgage on this property and Habitat is conveying this property to an income eligible family. Because the family has executed a mortgage in favor of the City to secure the HOME funds assistance, the City can release this lot. ITEM 4d(2) RELEASE OF LIEN 3351 WINTERGREEN AVENUE & 1904 HANNAH 13 JO COURT - RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT AND A MORTGAGE FOR THE PROPERTIES LOCATED AT 3351 WINTERGREEN AVENUE AND 1904 HANNAH JO COURT, IOWA CITY, IOWA. Comment: The owner of the properties received assistance through the City of Iowa City's FY97 HOME Investment Partnership Funds. The terms have been satisfied; thus the liens need to be released. ITEM 4d(3) RELEASE OF LIEN 1541, 1562, AND 1664 DICKENSON LANE - i3' �9 _ RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT, A MORTGAGE, AND TWO AMENDMENTS FOR THE PROPERTIES LOCATED AT 1541, 1562, AND 1664 DICKENSON LANE, IOWA CITY, IOWA. Comment: The owner of the properties received assistance through the City of Iowa City's FY98 HOME Investment Partnership Funds. The terms have been satisfied; thus the liens need to be released. April 9, 2013 City of Iowa City Page 3 ITEM 4d(4) / *3 -'9d RELEASE OF LIEN 935 DOVER STREET - RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 935 DOVER STREET, IOWA CITY, IOWA. Comment: The owners of the property located at 935 Dover Street received assistance through the City of Iowa City's Housing Rehabilitation Program and the City's Downpayment Assistance program. The loans have been paid off; thus the liens need to be released. ITEM 4d(5) RELEASE OF LIEN 2420 BITTERSWEET COURT - RESOLUTION 9 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 2420 BITTERSWEET COURT, IOWA CITY, IOWA. Comment: The owner of the property located at 2420 Bittersweet Court received assistance through the City of Iowa City's Downpayment Assistance program. The loan has been paid off; thus the lien needs to be released. ITEM 4d(6) ACCESS EASEMENT NORTH AIRPORT SUBDIVISION - i� RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PARTIAL RELEASE OF AN ACCESS AND DRAINAGE EASEMENT LOCATED ON LOTS 14 AND 15 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION. Comment: When the City developed the North Airport Subdivision, it retained a 30 -foot wide access and drainage easement along the north property lines of Lots 11 -17. The owner of Lots 14 and 15 has requested that the City release the access easement, and staff has no objection. This resolution releases the access easement on these two lots but not the drainage easement. ITEM 4d(7) RELEASE OF LIEN 1522 DICKENSON LANE - RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A CONTRACT AMENDMENT #1, CONTRACT AMENDMENT #2, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1522 DICKENSON LANE, IOWA CITY, IOWA. Comment: The owner of the properties received assistance through the City of Iowa City's Community Development Block Grant Funds. The terms have been satisfied; thus the liens need to be released. April 9, 2013 City of Iowa City Page 4 ITEM 4d(8) SUBORDINATION FOR 2659 GABLE STREET - RESOLUTION q `F AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2659 GABLE STREET, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 2659 Gable Street. The owner of the property received funding from the City of Iowa City Downpayment Assistance . The property has enough equity to cover the City's lien position. ITEM 4d(9) RELEASE OF LIEN 513 5T" AVENUE - RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE 13 'gs RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 513 5T" AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 513 5T" Avenue received assistance through the City of Iowa City's General Rehab and Improvement Program (GRIP). The loan has been paid off; thus the lien needs to be released. ITEM 4d(10) SUBORDINATION FOR 115 TAFT SPEEDWAY - RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WELLS FARGO HOME MORTGAGE, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 115 TAFT SPEEDWAY, IOWA CITY, IOWA. Comment: Wells Fargo Home Mortgage has requested that the City approve a Subordination Agreement for property at 115 Taft Speedway. The owners of the property received funding thru the City of Iowa City for state Jumpstart funds for flood rehabilitation assistance . The property has enough equity to cover the City's lien position. ITEM 4d(11) SUBORDINATION FOR 2230 HICKORY COURT - RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2230 HICKORY COURT, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 2230 Hickory Court. The owner of the property received funding from the City of Iowa City Downpayment Assistance . The property has enough equity to cover the City's lien position. April 9, 2013 City of Iowa City Page 5 ITEM 4d(12) FY2014 ASPHALT RESURFACING - RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY2014 ASPHALT RESURFACING PROJECT. Comment: Bids for this project were opened on March 27, 2013, and the following bid was received: LL Pelling Company North Liberty, IA $ 506,060.05 Engineer's Estimate $ 586,318.00 Public Works and Engineering recommend award of the contract to LL Pelling Company of North Liberty, Iowa. The project is to be funded with Road Use tax proceeds, Parks and Recreation annual operations funds, Wastewater operations funds, and General Obligation bond proceeds. ITEM 4d(13) WEST SIDE LEVEE - RESOLUTION AWARDING CONTRACT AND 13 - AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WEST SIDE LEVEE PROJECT. Comment: Bids for this project were opened on April 2, 2013, and the following bids were received: Iowa Bridge & Culvert, LC Washington, IA $ 4,520,160.74 WRH, Inc. South Amana, IA $ 4,646,172.80 Holland Construction, Inc. Decorah, IA $ 4,725,426.45 Tricon Construction Group Cedar Rapids, IA $ 5,095,000.00 Peterson Contractors, Inc. Reinbeck, IA $ 5,393,908.69 Veit Specialty Contracting Minneapolis, MN $ 5,705,916.62 C.J. Moyna & Sons Elkader, IA $ 5,832,813.50 Ceres Environmental Brooklyn Park, MN $ 6,097,776.60 Engineer's Estimate $ 5,563,000.00 Public Works and Engineering recommend award of the contract to Iowa Bridge & Culvert, LC of Washington, Iowa. The project is to be funded with Community Development Block Grants. ITEM 4d(14) ROCKY SHORE PUMP STATION AND FLOODGATE - RESOLUTION APPROVING AN AGREEMENT TO PURCHASE CRANDIC PARK AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS FOR THE RELOCATION OF UTILITIES NECESSARY FOR THE / ROCKY SHORE DRIVE PUMP STATION PROJECT. Comment: Final plans and specifications have been prepared for the Rocky Shore Drive Pump Station and Floodgate Project. It has been a ¢ determined that a portion of CRANDIC Park will need to be acquired from CRANDIC Railroad and also that it will be necessary to relocate existing overhead electrical facilities along the CRANDIC Railroad property in order to accommodate the construction of the project. Currently, the City leases the park land from CRANDIC Railroad. Staff has negotiated the purchase of the 4.1 acre park in the amount of $200,000. This purchase will allow the project to move forward and will secure the flood -prone property from being developed in the future. In addition, an agreement has been negotiated with MidAmerican Energy to relocate the electrical facilities at a cost of $152,986. Funding will be through Iowa Economic Development Authority (IEDA) and Community Development Block Grant (CDBG) grants. April 9, 2013 City of Iowa City Page 6 ITEM 4d(15) RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING AND 3^ too PAYMENT - OF A $300 CIVIL PENALTY FROM IC UGLY'S, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013). Comment: This resolution accepts a waiver of right to hearing and payment of a $300 civil penalty, as set out in Iowa Code section 453A.22(2), by IC Ugly's, 210 N. Linn Street. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. An employee of IC Ugly's has violated Section 453A.2(1). By signing the appropriate waiver and paying the $300 civil penalty, IC Ugly's waives its statutory right to have a hearing on whether the civil penalty should be assessed. ITEM 4d(16) RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT - OF A $1500 CIVIL PENALTY FROM RED POPPY, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013). Comment: This resolution accepts a waiver of right to hearing and payment of a $1500 civil penalty, as set out in Iowa Code section 453A.22(2), by Red Poppy, 341 E. College Street. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. The civil penalty for the second time the permit holder's employee violates Section 453A.2(1) within a two -year period is either $1500.00 or a thirty (30) day retail cigarette permit suspension, at the option of the permittee. This is the second time within a two -year period that an employee of Red Poppy has violated Section 453A.2(1). By signing the appropriate waiver and paying the $1500 civil penalty, Red Poppy waives its statutory right to have a hearing on whether the civil penalty should be assessed. ITEM 4d(17) RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT - OF A $300 CIVIL PENALTY FROM RYZ EXPRESS, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013). Comment: This resolution accepts a waiver of right to hearing and payment of a $300 civil penalty, as set out in Iowa Code section 453A.22(2), by RTZ Express, 2 Escort Lane. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. An employee of RTZ Express has violated Section 453A.2(1). By signing the appropriate waiver and paying the $300 civil penalty, RJ'Z Express waives its statutory right to have a hearing on whether the civil penalty should be assessed. April 9, 2013 City of Iowa City Page 7 ITEM 4d(18) RESOLUTION ACCEPTING USE OF AN AFFIRMATIVE DEFENSE - 13- /0.3 TOBACCO CIVIL PENALTY BY DELI MART #2, PURSUANT TO IOWA CODE SECTION 453A.22(3) (2013). Comment: This resolution accepts the use of an affirmative defense to a tobacco civil penalty, described in Iowa Code section 453A.22(3), by Deli Mart #2, 1920 Lower Muscatine. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. If, however, the employee committing the violation holds a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation, the retailer shall not be assessed a penalty under Section 453A.22(2). An employee of Deli Mart #2 violated Section 453A.2(1) but said employee held a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation. This affirmative defense may be used only once in a four -year period for a violation of Section 453A.2. ITEM 4d(19) RESOLUTION ACCEPTING USE OF AN AFFIRMATIVE DEFENSE - 1 �.. /pf TOBACCO CIVIL PENALTY BY DELI MART #3, PURSUANT TO IOWA CODE SECTION 453A.22(3) (2013). Comment: This resolution accepts the use of an affirmative defense to a tobacco civil penalty, described in Iowa Code section 453A.22(3), by Deli Mart #3, 2410 Mormon Trek. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. If, however, the employee committing the violation holds a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation, the retailer shall not be assessed a penalty under Section 453A.22(2). An employee of Deli Mart #3 violated Section 453A.2(1) but said employee held a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation. This affirmative defense may be used only once in a four -year period for a violation of Section 453A.2. April 9, 2013 City of Iowa City Page 8 ITEM 4d(20) l4 - /orj ITEM 4d(21) RESOLUTION ACCEPTING USE OF AN AFFIRMATIVE DEFENSE - TOBACCO CIVIL PENALTY BY GASBY'S, PURSUANT TO IOWA CODE SECTION 453A.22(3) (2013). Comment: This resolution accepts the use of an affirmative defense to a tobacco civil penalty, described in Iowa Code section 453A.22(3), by Gasby's, 2303 Muscatine. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. If, however, the employee committing the violation holds a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation, the retailer shall not be assessed a penalty under Section 453A.22(2). An employee of Gasby's violated Section 453A.2(1) but said employee held a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation. This affirmative defense may be used only once in a four -year period for a violation of Section 453A.2. RESOLUTION ACCEPTING USE OF AN AFFIRMATIVE DEFENSE - TOBACCO CIVIL PENALTY BY KUM & GO, PURSUANT TO IOWA CODE SECTION 453A.22(3) (2013). Comment: This resolution accepts the use of an affirmative defense to a tobacco civil penalty, described in Iowa Code section 453A.22(3), by Kum & Go, 513 S. Riverside Drive. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. If, however, the employee committing the violation holds a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation, the retailer shall not be assessed a penalty under Section 453A.22(2). An employee of Kum & Go violated Section 453A.2(1) but said employee held a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation. This affirmative defense may be used only once in a four -year period for a violation of Section 453A.2. April 9, 2013 City of Iowa City Page 9 ITEM 4e. Setting Public Hearings: ITEM 4e(1) UNIVERCITY SALE OF 426 CHURCH STREET - RESOLUTION 13-107 SETTING PUBLIC HEARING FOR APRIL 23, 2013, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 426 CHURCH STREET. Comment: In the UniverCity Neighborhood Partnership Program, the City purchases rental units located in designated neighborhoods surrounding the University, rehabilitates them, and then sells them to income - eligible buyers. Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 426 Church Street. The amount of the sale will be $168,000 (this is what the City paid to purchase the home) plus the "carrying costs," which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $40,000 to repair and rehabilitate the home. ITEM 4e(2) AMERICAN LEGION ROAD ANNEXATION - MOTION SETTING A PUBLIC HEARING FOR APRIL 23 ON A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 2 ACRES OF PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF SCOTT BOULEVARD AND AMERICAN LEGION ROAD (ANN13- 00001). Comment: At its March 7 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this annexation. Approval will incorporate this property into the city for development purposes. ITEM 4e(3) AMERICAN LEGION ROAD REZONING - MOTION SETTING A PUBLIC HEARING FOR APRIL 23 ON AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2 ACRES FROM COUNTY RESIDENTIAL (R) AND APPROXIMATELY 2.83 ACRES FROM LOW- DENSITY SINGLE - FAMILY RESIDENTIAL (RS -5) TO LOW - DENSITY MULTI - FAMILY RESIDENTIAL (RM -12) LOCATED AT EAST OF SCOTT BOULEVARD AND NORTH OF MUSCATINE AVENUE AND AMERICAN LEGION ROAD. (REZ13 -00002 & REZ13- 00003) Comment: At its March 7 meeting, by a vote of 6 -0 (Dyer absent), the Planning and Zoning Commission recommended approval of this rezoning with conditions addressing the need for a street improvements and sidewalks along property's frontage with Scott Boulevard and American Legion Road and conditions necessary to assure compatibility with adjacent residential development. Approval will allow this property to be developed with approximately seventy multifamily dwelling units. April 9, 2013 City of Iowa City Page 10 ITEM 4e(4) COMPREHENSIVE PLAN AMENDMENT HWY. 6 AND BROADWAY CASEY'S - MOTION SETTING A PUBLIC HEARING FOR APRIL 23 ON A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN - SOUTH DISTRICT PLAN TO CHANGE THE LAND USE DESIGNATION FROM MULTIFAMILY TO GENERAL COMMERCIAL FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF HIGHWAY 6 AND BROADWAY STREET. Comment: At its March 21 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this amendment. Approval will allow this property to be developed with commercial uses. ITEM 4e(5) REZONING HWY. 6 AND BROADWAY CASEY'S - MOTION SETTING A PUBLIC HEARING FOR APRIL 23 ON AN ORDINANCE CONDITIONALLY REZONING PROPERTY FROM COMMERCIAL OFFICE (CO -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE AND AMENDING THE CONDITIONAL ZONING AGREEMENT FOR APPROXIMATELY 2.31 -ACRES OF PROPERTY CURRENTLY ZONED CC -2 AND CO -1 LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF BROADWAY STREET AND HIGHWAY 6. (REZ13- 00005) Comment: At its March 21 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this rezoning with conditions necessary to assure compatibility with adjacent residential development. Approval will allow this property to be developed with commercial retail and related uses including a convenience store. ITEM 4e(6) WETLAND BUFFER REDUCTION BILLION AUTO - MOTION SETTING A PUBLIC HEARING FOR APRIL 23 ON AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 7.09 ACRES TO AMEND THE SENSITIVE AREAS DEVELOPMENT PLAN TO ALLOW A REDUCTION IN THE PREVIOUSLY APPROVED WETLAND BUFFER ON PROPERTY LOCATED ADJACENT TO 2845 MORMON TREK BOULEVARD (REZ12- 00032) Comment: At its March 21 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this rezoning with conditions necessary to assure compatibility with adjacent residential development and that the wetland restoration work will be completed prior to additional development on the adjacent property. Approval will allow the required wetland buffer area to be reduced in size so that more land may be used for commercial development including an vehicle sales lot. April 9, 2013 City of Iowa City Page 11 ITEM 4e(7) HAWKEYE COURT REZONING - MOTION SETTING A PUBLIC HEARING FOR APRIL 23 ON AN ORDINANCE REZONING APPROXIMATELY 27.8 ACRES LOCATED WEST OF MORMON TREK BOULEVARD AND NORTH OF HAWKEYE PARK ROAD FROM INSTITUTIONAL PUBLIC (P -2) TO INSTITUTIONAL PUBLIC /MEDIUM- DENSITY MULTI - FAMILY (P- 2 /RM -20). (REZ13- 00001) Comment: At its March 21 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this rezoning. Approval will allow this publicly owned land to be leased and developed for privately owned multifamily buildings. ITEM 4e(8) HOUSING COOPERATIVES AND FRATERNAL GROUP LIVING - MOTION SETTING A PUBLIC HEARING FOR APRIL 23 ON AN ORDINANCE AMENDING TITLE 14: ZONING TO DEFINE ROOMING HOUSE COOPERATIVES AS A TYPE OF FRATERNAL GROUP LIVING USE AND TO SPECIFY THAT FRATERNAL GROUP LIVING USES ARE ALLOWED BY SPECIAL EXCEPTION IN THE RNS -20 ZONE AND TO MODIFY THE RESIDENTIAL DENSITY AND PARKING STANDARDS FOR SAID USES TO BE CONSISTENT WITH THE DENSITY AND PARKING STANDARDS FOR MULTI - FAMILY USES. Comment: At its March 21 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this zoning code amendment. Approval will provide more opportunities for Rooming House Cooperatives and will require Fraternal Group Living Uses to obtain a special exception. It will also require these uses to be consistent with residential density standards. ITEM 4e(9) STANDARDS FOR STRUCTURED PARKING - MOTION SETTING A PUBLIC HEARING FOR APRIL 23 ON AN ORDINANCE AMENDING TITLE 14: ZONING CODE TO ESTABLISH PARKING LOCATION STANDARDS AND ENTRANCEWAY STANDARDS THAT WILL REDUCE THE VISUAL IMPACT OF STRUCTURED AND SURFACE PARKING AREAS ALONG RESIDENTIAL STREETS IN MULTIFAMILY ZONES. Comment: At its March 21 meeting, by a vote of 7 -0, the Planning and Zoning Commission recommended approval of this zoning code amendment. Approval will require when parking is located on the ground floor of a multifamily building some residential portion of the building, such as the entrance lobby, be located on the ground floor. April 9, 2013 City of Iowa City Page 12 ITEM 4e(10) $6,500,000 GENERAL OBLIGATION BONDS - RESOLUTION FIXING spa DATE OF APRIL 23 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,500,000 GENERAL OBLIGATION BONDS, SERIES 2013A, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Comment: This resolution sets a public hearing to receive public comment regarding the issuance of up to $6,500,000 General Obligation Bonds and authorizes the City Clerk to publish the notice of hearing. See resolution for projects included in this bond issue. ITEM 4e(11) $375,000 OF GENERAL OBLIGATION BONDS - RESOLUTION FIXING DATE OF APRIL 23 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $375,000 OF GENERAL OBLIGATION BONDS SERIES 2013A (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Comment: This resolution sets a public hearing to receive public comment regarding the issuance of up to $375,000 General Obligation Bonds and authorizes the City Clerk to publish the notice of hearing. See resolution for projects included in this bond issue. ITEM 4e(12) $625,000 OF GENERAL OBLIGATION BONDS - RESOLUTION FIXING DATE OF APRIL 23 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $625,000 OF GENERAL OBLIGATION BONDS, SERIES 2013A (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Comment: This resolution sets a public hearing to receive public comment regarding the issuance of up to $625,000 General Obligation Bonds and authorizes the City Clerk to publish the notice of hearing. See resolution for projects included in this bond issue. ITEM 4e(13) $570,000 OF GENERAL OBLIGATION BONDS - RESOLUTION FIXING DATE OF APRIL 23 FOR A MEETING ON THE PROPOSITION OF THE 13-111 ISSUANCE OF NOT TO EXCEED $570,000 OF GENERAL OBLIGATION BONDS, SERIES 2013A (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Comment: This resolution sets a public hearing to receive public comment regarding the issuance of up to $570,000 General Obligation Bonds and authorizes the City Clerk to publish the notice of hearing. See resolution for projects included in this bond issue. April 9, 2013 City of Iowa City Page 13 ITEM 4f ITEM 4f(1) ITEM 4f(2) ITEM 4f(3) ITEM 4f(4) ITEM 4f(5) ITEM 4f(6) ITEM 4f(7) Correspondence: ITEM 4f(8) ITEM 4f(9) ITEM 4f(10) ITEM 4f(11) ITEM 4f(12) ITEM 4f(13) ITEM 4f(14) ITEM 4f(15) ITEM 4f(16) ITEM 4f(17) ITEM 4f(18) Ryan Durbin; Marybeth Slonneger; Amanda Owen Van Horne (x2); Kristin Johnson; Bobbie Paxton: The Chauncey (Moen Building)/Workforce Housing. Burlington Martha Norbeck: Bicycles on Street Bridge. [Staff memo included] Billy Joe Parker: National Prohibitionist January Newsletter. Billy Joe Parker: Communities and Governments Responsible. Billy Joe Parker: Fields of the Wood. Billy Joe Parker: Happy Trails in Georgia -March April. Carol deProsse and Caroline Dieterle (X2): Two At the Fringe — ICPD Recruitment Video. Melvin Kelly: 2013 Summer Youth Projects. Kayla Cress: Trash Can screening — no thanks. Aleksey Gurtovoy: Invitation to a Public Forum on Traffic Surveillance and Drones. Mary Knudson: Iowa City Co- Housing proposal. [Staff response included] Brian Flanagan: Dining Outside. Melvin Kelly: West Nile Virus. Carol deProsse: Police Recruitment Video. Tom Novak: Normandy Drive extension into City Park. Ann Christenson: Comprehensive Plan comment. James Walker: Petition Filed to Ban Traffic — Cameras. Acting Traffic Engineering Planner: Designation of a Motorcycle / Scooter Parking Only area in the 10 Block of Lincoln Avenue on the east side of the street. END OF CONSENT CALENDAR. Action: ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item at the end of the meeting agenda. ITEM 6. PLANNING AND ZONING MATTERS. (In accordance with the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications ". Council will discuss items #6a, 6b, 6e, 6f, 6h) only at the formal meetingl. ITEM 6a CRISIS CENTER REZONING - REZONING 0.78 ACRES OF LAND LOCATED AT 1105 GILBERT COURT FROM PUBLIC (P -1) TO INTENSIVE COMMERCIAL (CIA) (REZ13- 00006) [Discussion only at formal meeting] Comment: At its March 7, 2013, meeting, by a vote of 6 -0 (Dyer absent), the Planning and Zoning Commission recommended approval of this rezoning. Approval will allow the former County Public Health Building to be converted to a General Community Service use. Excerpts of the Planning and Zoning Commission's March 4 and March 7 meeting minutes are included in Council packet. � r A. -ft rQT. CITY OF IOWA CITY MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: April 9, Agenda (Additions, Revision) CONSENT CALENDAR __.- .-- - - - - -. 'Correspondence: ITEM 4f(1) (Additions) Nancy Adams - Cogan, Michael Briggs, Sonia Ettinger, Cory Nelson: The Chauncey (Moen Building) ITEM 9 (REVISED) RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT - OF A $300 CIVIL PENALTY FROM THE IN ZONE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013). Comment: This resolution accepts a waiver of right to hearing and payment of a $300 civil penalty, as set out in Iowa Code section 453A.22(2), by The In Zone, 116 E. Washington Street. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. An employee of The In Zone has violated Section 453A.2(1). By signing the appropriate waiver and paying the $300 civil penalty, The In Zone waives its statutory right to have a hearing on whether the civil penalty should be assessed. April 9, 2013 City of Iowa City Page 14 1. PUBLIC HEARING (If there is an indication that the Council will not accept the Planning & Zoning Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required.) Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ITEM 6b RUPPERT ROAD REZONING - CONDITIONALLY REZONING 2.12 ACRES OF LAND LOCATED SOUTH OF HIGHWAY 1 WEST, EAST OF RUPPERT ROAD FROM INTENSIVE COMMERCIAL (CI -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE (REZ13- 00007) [Discussion only at formal meeting] At its March 7, 2013, meeting, by a vote of 6 -0 (Dyer absent), the Planning and Zoning Commission recommended approval of this rezoning with conditions regarding provision of sidewalks. Approval of this rezoning will allow development of a proposed grocery store or other retail and related uses. Excerpts of the Planning and Zoning Commission's March 4 and March 7 meeting minutes are included in Council packet. PUBLIC HEARING (If there is an accept the Planning & Zoning opportunity for a joint meeting with required.) indication that the Council will not Commission's recommendation an the Council and the Commission is Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ITEM 6c OAKNOLL SKYWALK - VACATING AIR RIGHTS AND SU6TERRANEAN RIGHTS FOR PORTIONS OF PUBLIC RIGHT -OF -WAY LOCATED ON GEORGE STREET BETWEEN BENTON STREET AND OAKCREST STREET. (VAC13- 00002) Comment: At its March 7 meeting, by a vote of 6 -0 (Dyer absent), the Planning and Zoning Commission recommended approval of this vacation. Approval will allow construction of a skywalk over George Street. Excerpts of the Planning and Zoning Commission's March 4 and March 7 meeting minutes are included in Council packet. PUBLIC HEARING Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: 0, �le �1/ 13- 113 April 9, 2013 City of Iowa City Page 15 ITEM 6d AMENDING FOR WOODLAND BUFFERS - AMENDING TITLE 4 OF THE ZONING CODE TO MODIFY THE PROCESS FOR DELINEATING WOODLAND BUFFERS AND COUNTING PRESERVED TREES AND WOODLANDS TOWARD ANY TREE REPLACEMENT OR MITIGATION REQUIREMENTS. Comment: At its March 7 meeting, by a vote of 6 -0 (Dyer absent), the Planning and Zoning Commission recommended approval of this amendment. This amendment will allow for an alternative method of designating a woodland buffers. Excerpts of the Planning and Zoning Commission's March 4 and March 7 meeting minutes are included in Council packet. PUBLIC HEARING (If there is an accept the Planning & Zoning opportunity for a joint meeting with required.) Action: indication that the Council will not Commission's recommendation an the Council and the Commission is 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: v ITEM 6e COMPREHENSIVE PLAN AMENDMENT FOR JEFFERSON STREET - AMENDING THE CENTRAL DISTRICT PLAN MAP DESIGNATION FROM OFFICE COMMERCIAL TO HIGH DENSITY MULTI - FAMILY RESIDENTIAL FOR PROPERTY LOCATED AT 821 E. JEFFERSON STREET. [Discussion only at formal meeting] Comment: At its February 21 meeting, by the vote 6 -0 (Thomas absent), the Planning & Zoning Commission recommended approval of the proposed amendment. The proposed amendment will designate the property as appropriate for multi - family use. Excerpts of the Planning and Zoning Commission's February 4, February 7 and the February 21 meeting minutes are included in Council packet. PUBLIC HEARING (If there is an accept the Planning & Zoning opportunity for a joint meeting with required ) indication that the Council will not Commission's recommendation an the Council and the Commission is Action: -- r 2. CONSIDER A RESOLUTION Action: �o April 9, 2013 City of Iowa City Page 16 ITEM 6f REZONING ON JEFFERSON STREET - CONDITIONALLY REZONING APPROXIMATELY 0.465 ACRES OF LAND FROM COMMERCIAL OFFICE (CO -1) ZONE TO HIGH DENSITY MULTIFAMILY (RM -44) ZONE FOR PROPERTY LOCATED AT 821 E. JEFFERSON STREET (REZ12- 00030). [Discussion only at formal meeting] ITEM 6g Comment: At its February 21 meeting, by a vote of 5 -1 (Eastham opposed, Thomas absent), the Planning & Zoning Commission recommended approval of the proposed rezoning with conditions. The proposed rezoning will allow development of a multi - family building with 18 one - bedroom apartments. Excerpts of the Planning and Zoning Commission's February 4, February 7 and the February 21 meeting minutes are included with the previous item. PUBLIC HEARING (If there is an indication that the Council will not accept the Planning & Zoning Commission's recommendation an opportunity for a joint meeting with the Council and the Commission is required.) Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ZONING CODI _ SUBSECTION 14- 4B -4A, PARAGRAPH 7, TO ALLOW MULTI - FAMILY DWELLING UNITS TO BE LOCATED ON OR BELOW THE STREET LEVEL FLOOR OF A BUILDING BY SPECIAL EXCEPTION IN THE CB -5 ZONE FOR BUILDINGS DESIGNATED AS AN IOWA CITY HISTORIC LANDMARK. (SECOND CONSIDERATION) Comment: At its March 7 meeting, by the vote 6 -0 (Dyer absent), the Planning & Zoning Commission recommended approval of the proposed amendment. The proposed amendment will allow the Board of Adjustment to consider allowing apartments on the ground level floor of a building located in the CB -5 zone that is designated an Iowa City Landmark. Action: ITEM 6h HISTORIC LANDMARK DESIGNATION FOR 529 S. GILBERT ST. (THE VINE TAVERN BUILDING) - REZONING APPROXIMATELY 4,000 SQUARE FEET OF LAND LOCATED AT 529 S. GILBERT STREET AS AN IOWA CITY HISTORIC LANDMARK (REZ13- 00008) [Discussion only at formal meeting] (SECOND CONSIDERATION) Comment: The Historic Preservation Commission and the Planning & Zoning Commission have recommended approval of designating this property as a Historic Landmark Action: a> -7 O April 9, 2013 City of Iowa City Page 17 ITEM 6i ZONING CODE AMENDMENTS PERTAINING TO NONCONFORMING DEVELOPMENT - AMENDING SECTION 14 -4E -8 OF THE ZONING CODE TO 13— 95 1 MODIFY HOW NONCONFORMING DEVELOPMENT IS REGULATED. (PASS AND ADOPT) Comment: At its February 7 meeting, by the vote 7 -0, the Planning & Zoning Commission recommended approval of these amendments. Approval will lessen the instances when nonconforming sites will need to be brought into compliance with the current site development standards. Action: u-nt-a ITEM 6j ZONING CODE AMENDMENTS PERTAINING TO QUICK VEHICLE SERVICING USES IN TOWNCREST AND RIVERFRONT CROSSINGS - 13 — q530 AMENDING SECTION 14 -413-12 AND TABLE 2C -1 OF THE ZONING CODE TO INCLUDE NEW STANDARDS FOR QUICK VEHICLE SERVICING USES IF LOCATED IN THE TOWNCREST DESIGN REVIEW DISTRICT OR THE RIVERFRONT CROSSINGS DISTRICT. (PASS AND ADOPT) 13- 114 Comment: At its February 7 meeting, by the vote 7 -0, the Planning & Zoning Commission recommended approval of these amendments. Approval will require approval of a special exception and establish standards for the location of Quick Vehicle Services Uses in the Towncrest Design Review District and the Riverfront Crossings District as described in the Downtown and Riverfront Crossings Master Plan. Action: /,i2c u�4 q- Q, 7/© ITEM 6k MACKINAW VILLAGE PART FIVE - RESOLUTION APPROVING THE FINAL PLAT. Comment: Staff recommends approval of the final plat subject to approval of legal papers and construction drawings by the City Attorney and City Engineer. 11 is anticipated that legal papers and construction drawings will be approved prior to the April 9 City Council meeting. Approval will allow the development of Mackinaw Village Part Five an 8 -lot, 3.95 -acre residential subdivision located on Mackinaw Drive. Action: �4O April 9, 2013 City of Iowa City Page 18 ITEM 7. ASSESSING A $300.00 CIVIL PENALTY AGAINST ALSAFA MARKET, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013). Comment: This hearing is the time designated for the Council to consider whether to adopt a resolution assessing the $300.00 civil penalty authorized by Iowa Code section 453A.22(2) against Alsafa Market, 731 S. Riverside Drive. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. As a part of the hearing, the Council will be provided with information establishing an employee of permit holder Alsafa Market violated Iowa Code section 453A.2(1). The permit holder's representative will then have the opportunity to provide the Council with information s /he deems appropriate. The Council will then decide whether to assess the requested civil penalty and, if it decides to do so, will adopt an appropriate resolution. The hearing will not provide the opportunity for public comment. a. CONDUCT HEARING Action: ,�& y%kA- 2 13-1/5 b. CONSIDER A RESOLUTION Action: - D ITEM 8. ASSESSING A $300.00 CIVIL PENALTY AGAINST THE SPIRIT TOBACCO AND / MORE D /B /A HOOKAH COVE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013.) Comment: This hearing is the time designated for the Council to consider whether to adopt a resolution assessing the $300.00 civil penalty authorized by Iowa Code section 453A.22(2) against The Spirit Tobacco and More d /b /a Hookah Cove. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. As a part of the hearing, the Council will be provided with information establishing an employee of permit holder Hookah Cove violated Iowa Code section 453A.2(1). The permit holder's representative will then have the opportunity to provide the Council with information s /he deems appropriate. The Council will then decide whether to assess the requested civil penalty and, if it decides to do so, will adopt an appropriate resolution. The hearing will not provide the opportunity for public comment. a. CONDUCT HEARING Action: 13-11/0 b. CONSIDER RESOLUTION Action: 7�0 April 9, 2013 City of Iowa City Page 19 ITEM 9. ASSLIZSING A $300.00 CIVIL PENALTY AGAINST THE IN ZONE, PURSUANT TO IOWA, CODE SECTION 453A.22(2) (2013). Comment: is hearing is the time designated for the ouncil to consider whether to adopt a resolut n as the $300.00 civil pen authorized by Iowa Code section 453A.22( against The In Zone, 116 E. ashington Street. Section 453A.22(2) provides at, after a hearing, a $ 0.00 civil penalty will be assessed to a retail cigarette permi older when and if at permit holder's employee violates Iowa Code section 453A. 1) by selling r providing tobacco to a minor. As a part of the hearing, the Council wil e provi d with information establishing an employee of permit holder The In Zone la d Iowa Code section 453A.2(1). The permit holder's representative will then ave the opportunity to provide the Council with information s /he deems appr ria The Council will then decide whether to assess the requested civil penalty d, if it ides to do so, will adopt an appropriate resolution. The hearing ' not provide e opportunity for public comment. a. CONDU HEARING Action' _ \ b. CONSIDER A RESOLUTION /Action: ITEM 10. ASSESSING A $300.00 CIVIL PENALTY AGAINST KUM & GO #52, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013). Comment: This hearing is the time designated for the Council to consider whether to adopt a resolution assessing the $300.00 civil penalty authorized by Iowa Code section 453A.22(2) against Kum & Go #52, 25 W. Burlington Street. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. As a part of the hearing, the Council will be provided with information establishing an employee of permit holder Kum & Go #52 violated Iowa Code section 453A.2(1). The permit holder's representative will then have the opportunity to provide the Council with information s /he deems appropriate. The Council will then decide whether to assess the requested civil penalty and, if it decides to do so, will adopt an appropriate resolution. The hearing will not provide the opportunity for public comment. a. CONDUCT HEARING Action: ! 3- 11 lb b. CONSIDER A RESOLUTION /� FA ` W, x CITY OF IOWA CITY MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: April 9, Agenda (Additions, Revision) CONSENT CALENDAR Correspondence: ITEM 4f(1) (Additions) Nancy Adams - Cogan, Michael Briggs, Sonia Ettinger, Cory Nelson: The Chauncey (Moen Building) ITEM 9 (REVISED) RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING ANa 13- ► �'t PAYMENT - OF A $300 CIVIL PENALTY FROM THE IN ZONE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013). Comment: This resolution accepts a waiver of right to hearing and payment of a $300 civil penalty, as set out in Iowa Code section 453A.22(2), by The In Zone, 116 E. Washington Street. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. An employee of The In Zone has violated Section 453A.2(1). By signing the appropriate waiver and paying the $300 civil penalty, The In Zone waives its statutory right to have a hearing on whether the civil penalty should be assessed. �ti/ April 9, 2013 City of Iowa City Page 20 ITEM 11. ASSESSING A $300.00 CIVIL PENALTY AGAINST SOUTHSIDE LIQUOR AND TOBACCO, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013). Comment: This hearing is the time designated for the Council to consider whether to adopt a resolution assessing the $300.00 civil penalty authorized by Iowa Code section 453A.22(2) against Southside Liquor and Tobacco, 601 Hollywood Boulevard, Suite No. 1. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. As a part of the hearing, the Council will be provided with information establishing an employee of permit holder Southside Liquor and Tobacco violated Iowa Code section 453A.2(1). The permit holder's representative will then have the opportunity to provide the Council with information s /he deems appropriate. The Council will then decide whether to assess the requested civil penalty and, if it decides to do so, will adopt an appropriate resolution. The hearing will not provide the opportunity for public comment. a. CONDUCT HEARING Action: ae�- 40��4t-" b. CONSIDER A RESOLUTION Action:a °L� ITEM 12. ASSESSING A $300.00 CIVIL PENALTY AGAINST THE CONVENIENCE STORE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013). Comment: This hearing is the time designated for the Council to consider whether to adopt a resolution assessing the $300.00 civil penalty authorized by Iowa Code section 453A.22(2) against The Convenience Store. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. As a part of the hearing, the Council will be provided with information establishing an employee of permit holder The Convenience Store violated Iowa Code section 453A.2(1). The permit holder's representative will then have the opportunity to provide the Council with information s /he deems appropriate. The Council will then decide whether to assess the requested civil penalty and, if it decides to do so, will adopt an appropriate resolution. The hearing will not provide the opportunity for public comment. a. CONDUCT HEARING Action: 13-- /AO b. CONSIDER A RESOLUTION Action: y a April 9, 2013 City of Iowa City Page 21 ITEM 13. ASSESSING A $300.00 CIVIL PENALTY AGAINST TOBACCO BOWL, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013). Comment: This hearing is the time designated for the Council to consider whether to adopt a resolution assessing the $300.00 civil penalty authorized by Iowa Code section 453A.22(2) against Tobacco Bowl, 111 S. Dubuque Street. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. As a part of the hearing, the Council will be provided with information establishing an employee of permit holder Tobacco Bowl violated Iowa Code section 453A.2(1). The permit holder's representative will then have the opportunity to provide the Council with information s /he deems appropriate. The Council will then decide whether to assess the requested civil penalty and, if it decides to do so, will adopt an appropriate resolution. The hearing will not provide the opportunity for public comment. a. CONDUCT HEARING Action: o Ci,i l3 - DoT l b. CONSIDER A RESOLUTION Action: ITEM 14. ASSESSING A $300.00 CIVIL PENALTY AGAINST ZOMBIES, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013). Comment: This hearing is the time designated for the Council to consider whether to adopt a resolution assessing the $300.00 civil penalty authorized by Iowa Code section 453A.22(2) against Zombies, 316 E. Burlington Street. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. As a part of the hearing, the Council will be provided with information establishing an employee of permit holder Zombies violated Iowa Code section 453A.2(1). The permit holder's representative will then have the opportunity to provide the Council with information s /he deems appropriate. The Council will then decide whether to assess the requested civil penalty and, if it decides to do so, will adopt an appropriate resolution. The hearing will not provide the opportunity for public comment. a. CONDUCT HEARING Action: 13-1 b. CONSIDER A RESOLUTION Action: April 9, 2013 City of Iowa City Page 22 ITEM 15. AMPLIFIED SOUND IN CITY PARKS - ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 1, 13-- y 5,91 ENTITLED "PARADES AND PUBLIC ASSEMBLIES," TO ALLOW STAFF TO APPROVE AMPLIFIED SOUND IN CITY PARKS. (SECOND CONSIDERATION) Comment: The City Code presently does not allow parade and public assembly permittees to use amplified sound except if the event is a community -wide event that reasonably expects to draw more than 500 persons or occupy a substantial area within City Plaza. Although this limitation was designed to limit amplified sound in City Plaza specifically and the downtown generally, it also applies to permits issued for City parks. This ordinance allows the Director of Parks and Recreation Department to approve amplified sound in parks pursuant to administrative rules. Staff requests expedited actin Action: 1Yt� / � dQ�9� 10 ITEM 16. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Previous: ITEM 16a Airport Zoning Brd of Adiustment — One vacancy to fill a five -year term January 1, 2012 - December 31, 2016. (New full term). ITEM 16b Airport Zoning Brd of Adiustment — One vacancy to fill a five -year term January 1, 2009 - December 31, 2013. (Term expires for Dennis Keitel). ITEM 16c Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2010 — December 31, 2015. (Term expires for Brian Sponcil) ITEM 16d Airport Zoning Commission — One vacancy to fill a six -year term January 1, 2012 — December 31, 2017. (New full term). ITEM 16e Historic Preservation Commission — One vacancy, for a Jefferson St. representative to fill three -year terms, March 29, 2013 — March 29, 2016. (New District formed). ITEM 16f Housing & Community Development Commission — One vacancy to fill an unexpired term, effective upon appointment, ending September 1, 2015. (Jarrod Gatlin resigned). ITEM 16g Planning & Zoning Commission — One vacancy to fill five -year terms, May 1, 2013 — May 1, 2018. (Term expires for Tim Weitzel). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, APRIL 17, 2013. April 9, 2013 City of Iowa City Page 23 ITEM 16h Library, Board of Trustees — Three vacancies to fill six -year terms, July 1, 2013 — July 1, 2019. (Terms expire for Holly Carver, Mary New, Jay Semel). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MAY 8, 2013. ITEM 17. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 18. CITY COUNCIL INFORMA ITEM 19. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. 6' b) City Attorney. c) City Clerk. ITEM 20. ADJOURN (to work session if necessary).