HomeMy WebLinkAbout2009-02-10 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
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Iowa City ~;;~~~ -;~~
City Council Agenda -~-~-- '
CITY OF IOWA CITY
Special Formal
February 10, 2009 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street www.icgov.org
ITEM 1. CALL TO ORDER. ~G~'~~i; 0 ~°r'i'`~
ROLL CALL. ~coa~S
ITEM 2. MAYOR'S PROCLAMATIONS.
a) Salute to Hospitalized Veterans Day -February 14, 2009
b) Congenital Heart Defect Awareness Day -February 14, 2009
ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS
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Hoover Elementary
a) Julia Beasley
b) Jens Dancer
c) Erica Dodge
Lucas Elementary
d) Dat Tran
e) Jamie Young
ITEM 4. PRESENTATION
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EPA Award for Building Healthy Communities for Active Aging ~~~ ~~.~~
ITEM 5. STATE OF THE CITY ADDRESS
ITEM 6. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a) Approval of Council Actions, subject to corrections, as recommended by
the City Clerk.
1. January 5, Council Work Session
2. January 6, Regular Council Formal Official and Complete
3. January 10, Special Council Work Session
4. January 12, Special Council Formal Official and Complete
5. January 12, Special Council Work Session
February 10, 2009 City of Iowa City Page 2
6. January 15, Special Council Work Session
7. January 28, Special Council Work Session
8. January 29, Special Council Work Session
b) Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
1. Parks and Recreation Commission: September 24, 2008
2. Planning and Zoning Commission: December 4, 2008
3. Board of Adjustment: December 10, 2008
4. Senior Center Commission: October 21, 2008
5. Public Library: October 23, 2008
6. Board of Appeals: May 5, 2005
7. Youth Advisory Commission: November 23, 2008
8. Youth Advisory Commission: December 11, 2008
9. Youth Advisory Commission: December 18, 2008
10. Police Citizens Review Board: November 18, 2008
11. Public Art Advisory Committee: November 6, 2008
12. Public Art Advisory Committee: December 4, 2008
13. Historic Preservation Commission: December 11, 2008
14. Public Library: December 18, 2008
15. Human Rights Commission: November 25, 2008
16. Airport Commission: December 11, 2008
17. Telecommunications Commission: December 15, 2008
18. Animal Care Task Force: January 8, 2009
c) Permit Motions and Resolutions as Recommended by the City Clerk.
New:
1. Class C Liquor License for Nguyen Properties, LLC., dba Mekong
Restaurant, 5 Sturgis Corner Dr.
Renewal:
2. Class C Liquor License for Farras Productions, Inc., dba Farras
Productions, 320 E. Burlington St.
3. Class C Liquor License for One Poor Student, Inc., dba One-Eyed
Jake's, 18-20 S. Clinton St.
4. Special Class C Liquor License for Red Avocado., LLC, dba Red
Avocado, 521 E. Washington St.
5. Outdoor Service Area for Red Avocado, LLC, dba Red Avocado, 521 E.
Washington St.
6. Class C Liquor License for Motif, Ltd., dba Bo-James, 118 E
Washington St.
7. Class C Liquor License for Brothers of Iowa City, Inc., dba It's Brothers
Bar & Grill, 125 S Dubuque St.
8. Outdoor Service Area for Brothers of Iowa City, Inc., dba It's Brothers
Bar & Grill, 125 S Dubuque St.
9. Class C Liquor License for Iowa City Yacht Club, LLC, dba Iowa City
Yacht Club, 13 S. Linn St. #10.
February 10, 2009
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City of Iowa City Page 3
Special Class C Liquor License for W&M, LLC, dba Thai Flavors, 340 E
Burlington St.
Special Class C Liquor License for Chansy Keomanivong dba Thai
Spice Restaurant, 1210 S. Gilbert St.
Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge
St.
Class C Beer Permit for Kelly Stucker dba Convenience Store, 106 S.
Linn St.
Resolution to issue Dance Permits to One Poor Student, Inc., dba One-
Eyed Jake's, 18-20 S. Clinton St. and Brothers of Iowa City, Inc., dba It's
Brothers Bar & Grill, 125 S Dubuque St.
Class C Liquor License for Iowa City Westside Cafe, Inc., dba Monica's
Italian Bistro & Pizzeria, 749 Mormon Trek Blvd.
Outdoor Service Area for Iowa City Westside Cafe, Inc., dba Monica's
Italian Bistro & Pizzeria, 749 Mormon Trek Blvd.
d) Motions.
1. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $11,411,059.14 FOR THE PERIOD OF DECEMBER 1
THROUGH DECEMBER 31, 2008, AS RECOMMENDED BY THE
FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS
ARE PUBLISHED AND PERMANENTLY RETAINED IN THE
CITY CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE.
e) Public Hearings.
1. CONSIDER A MOTION SETTING A PUBLIC HEARING AT 7:00 P.M.
ON TUESDAY, FEBRUARY 24, 2009 TO RECEIVE PUBLIC
COMMENTS REGARDING AN ORDINANCE ADOPTING THE
STATE'S ELECTRICAL STANDARDS AND ANNEX H OF THE 2008
NATIONAL ELECTRICAL CODE.
Comment: A public hearing is required when adopting a state code, a
nationally recognized standard code or portions of such a code. The
Board of Appeals is recommending adopting such Code as amended.
(Draft minutes were included in Council's 1/29/09 Information packet.)
~Q- la 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON
FEBRUARY 24, 2009 TO DISCUSS THE PROPOSED OPERATING
BUDGET FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE
30, 2010, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND
ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM
THROUGH FISCAL YEAR 2013.
Comment: This resolution sets a public hearing on February 24, 2009 to
discuss the FY2010 Proposed Operating Budget, the three-year
Financial Plan for FY2010 - FY2012 and multi-year Capital
Improvements Program (CIP) through Fiscal Year 2013. Detailed
information on the budget will be available for public inspection on
February 13, 2009.
February 10, 2009
City of Iowa City Page 4
~q~ i3 3. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
APRIL 7, 2009 ON THE IOWA CITY HOUSING AUTHORITY'S
ANNUAL PLAN FOR FISCAL YEAR 2009 AND DIRECTING CITY
CLERK TO PUBLISH NOTICE OF SAID HEARING.
Comment: A Public Hearing is a requirement before the approval of the
Annual Plan can occur. The Housing Authority is required to update the
Annual Plan under the Quality Housing and Work Responsibility Act of
1998 ("QHWRA"). The Streamlined Annual Plan will advise HUD,
residents and members of the public of the Iowa City Housing
Authority's mission for serving the needs of low-income and very low-
income families. The QHWRA requires that the plans be made available
to the public for review not later than 45 days before the public
hearing is to take place.
f) Resolutions.
_ raj- (~t" 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT
1015 DIANA STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 1015 Diana Street
received assistance through the City of Iowa City's Housing
Rehabilitation program. The terms of the loan have been satisfied; thus
the lien needs to be released.
Dq f 15 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS
REGARDING A STATEMENT OF LIFE LIEN AND TWO MORTGAGES
FOR THE PROPERTY LOCATED AT 516 RONALDS STREET, IOWA
CITY, IOWA.
Comment: The owner of the property located at 516 Ronalds Street
received assistance through the City of Iowa City's Housing
Rehabilitation Program. The loans have been paid off; thus the liens
need to be released.
09 - / ~ 3. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND WEST BANK, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 303 3RD AVENUE, IOWA CITY, IOWA.
Comment: West Bank has requested that the City approve a
Subordination Agreement for property at 303 3rd Avenue. On January
31, 2006, the owner of the property received funding from the City of
Iowa City through the Housing Rehabilitation Program. The property
has enough equity to cover the City's lien position.
February 10, 2009 City of Iowa City Page 5
~~{ ~ I'~ 4. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
HIGHLAND COURT WATER MAIN REPLACEMENT PROJECT.
Comment: The project has been completed in substantial
accordance with the plans and specifications. The Engineer's Report
and Performance and Payment bonds are on file with the City Clerk.
Staff memorandum included in Council packet.
o~ ~ ~~ 5. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
2007 LOWER WEST BRANCH ROAD -SCOTT BOULEVARD TO
TAFT AVENUE IMPROVEMENTS PROJECT.
Comment: The project has been completed in substantial
accordance with the plans and specifications. The Engineer's Report
and Performance and Payment bonds are on file with the City Clerk.
o~ ~ !q 6. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
TRANSIT FACILITY TUCKPOINTING PROJECT.
Comment: The project has been completed in substantial
accordance with the plans and specifications. The Engineer's Report
and Performance and Payment bonds are on file with the City Engineer.
vq - a.o 7. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER AMBROSE
PROPERTIES LC, AND TENANT CAFFERY, INC., D/B/A DC'S, FOR
A SIDEWALK CAFE.
Comment: Ambrose Properties, as landowner, and Caffery, Inc.,
d/b/a as DC's, seek a renewal of a license agreement for temporary use
of public right-of-way at 124 S. Dubuque St., Iowa City, Iowa for a
sidewalk cafe. City staff and Design Review have reviewed the plans
and specifications and required submittals and recommend approval of
said agreement.
aq ~ ~ I 8. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER ONE TEN
PROPERTIES, LLC, AND TENANT KMARECELLA, INC., D/B/A
DONNELLY'S PUB, FOR A SIDEWALK CAFE.
Comment: One Ten Properties, LLC, as landowner, and Kmarcella,
Inc., d/b/a as Donnelly's Pub, seek a renewal of a license agreement for
temporary use of public right-of-way at 110 College St., Iowa City, Iowa
for a sidewalk cafe. City staff and Design Review have reviewed the
plans and specifications .and required submittals and recommend
approval of said agreement.
February 10, 2009 City of Iowa City Page 6
c~ ~ a~ 9. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND
HELEN BYINGTON, AND TENANT LITTLE DONKEYS, INC., D/B/A
PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFE.
Comment: William and Helen Byington, as landowner, and Little
Donkeys, Inc., d/b/a as Panchero's Mexican Grill, seek a renewal of a
license agreement for temporary use of public right-of-way at 32 S.
Clinton St., Iowa City, Iowa for a sidewalk cafe. City staff and Design
Review have reviewed the plans and specifications and required
submittals and recommend approval of said agreement.
Dq- d3 10. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER PLAZA
TOWERS LLC, AND TENANT J & E, INC., D/B/A FORMOSA ASIAN
CUISINE, FOR A SIDEWALK CAFE.
Comment: Plaza Tower, LLC, as landowner, and J & E, Inc., d/b/a
as Formosa Asian Cuisine, seek a renewal of a license agreement for
temporary use of public right-of-way at 241 College St., Iowa City, Iowa
for a sidewalk cafe.. City staff and Design Review have reviewed the
plans and specifications and required submittals and recommend
approval of said agreement.
t^9- ~..~ 11. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN,
AND TENANT STARBUCKS CORPORATION, D/B/A STARBUCKS
COFFEE #2855-IA, FOR A SIDEWALK CAFE.
Comment: Marc Moen, as landowner, and Starbucks Corporation,
d/b/a as Starbucks Coffee #2855-IA, seek a renewal of a license
agreement for temporary use of public right-of-way at 228 S. Clinton St.,
Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have
reviewed. the plans and specifications and required submittals and
recommend approval of said agreement.
February 10, 2009 City of Iowa City Page 7
pq- 2.b _ 12. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER LUBIN TRUST,
AND TENANT MOTIF, LTD, D/B/A BO-JAMES, FOR A SIDEWALK
CAFE.
Comment: Lubin Trust, as landowner, and Motif, Ltd., d/b/a as Bo-
James, seek a renewal of a license agreement for temporary use of
public right-of-way at 118 Washington St., Iowa City, Iowa for a sidewalk
cafe. City staff and Design Review have reviewed the plans and
specifications and required submittals and recommend approval of said
agreement.
p~j • ~ (0 13. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY
VIEW PARTNERS, AND TENANT DAWIT'S RESTAURANT, D/B/A
DAVID'S PLACE, FOR A SIDEWALK CAFE.
Comment: University View Partners, as landowner, and Dawit's
Restaurant, d/b/a as David's Place, seek a renewal of a license
agreement for temporary use of public right-of-way at 100 S. Linn St.,
Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have
reviewed the plans and specifications and required submittals and
recommend approval of said agreement.
pcj. a~ 14. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA
LLC, AND TENANT IOWA CITY COFFEE COMPANY, D/6/A JAVA
HOUSE, FOR A SIDEWALK CAFE.
Comment: Moka Java LLC, as landowner, and Iowa City Coffee
Company, d/b/a as Java House, seek a renewal of a license agreement
for temporary use of public right-of-way at 211 '/z Washington St., Iowa
City, Iowa for a sidewalk cafe. City staff and Design Review have
reviewed the plans and specifications and required submittals and
recommend approval of said agreement.
g) Correspondence.
1. Acting Traffic Engineering Planner: Install (1) NO PARKING 8AM-5PM sign
on the north side of the 200-block of East First Street
2. Lucy Hershberger and Nichole Sorensen: Youth Conference
[Correspondence distributed in the 1/15/09 Information packet]
3. Richard Haendel: Amateur Radio Operators/City Park [distributed in 1/8/09
Info Packet with staff response]
February 10, 2009 City of Iowa City Page 8
4. Scott Larson: Community Event and Program Funding Request
[distributed in t~e{cet} ~~~ SP~~'y~ ~'•'°`'k S~ss,a~
5. Dawn Svenson: Statement on Human Sexuality [distributed at 1/29 Special
Work Session]
6. Tom Slockett (2): Expedited Local Option Sales Tax Update, Sales Tax
Estimate [distributed at 1/29 Special Work Session]
7. Ben Lewis: Snow Ordinance [staff response included]
8. Dennis Kowalski: Downtown
9. Bill Ackerman: Valley Avenue Parking [staff response included]
10. Lee Orsino: Recreation Center [staff response included)
11. DeeAnna Blette: Rent Control
12. Brian Speer: Request to add Rohret Road to 5 year CIP [staff comments
included]
13. Correspondence regarding taxes: Holly Berkowitz(X2), Julie Jones, Justin
Kaufman,Tom Novak, Jerry Peck, Mary Sturm, Mike Thayer, D. Thornton, ,
Paul and Dianne Werger, Michelle Westfall, Petition: Tea labels o~ ~,~,,,,~
14. Tom Slockett (X3): Sales Tax . S• _ e ~,a.,~.,a;,s„-,
15. Russell Haught: City services and budget
16. Steven Anderson: Possible electrical interruption and the medical
consequences
17. Petition: Court Street neighborhood requests reduction of traffic
18. Cynthia Parson: Sidewa ~- G~~ Kl~~~e~t~
19. Liz and Kate Johnson: University of I~wa campus radio station, KRUI
END OF CONSENT CALENDAR.
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ITEM 7. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to "City Council Information"
item.
_:._~®~ CITY OF [CJ WA CITY
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TO: Mayor, City Council, General Public
FROM: City Clerk
Consent Calendar:
ITEM 6g(12). Correspondence regarding taxes: Brian Mildenstein
(13) Tom Slockett (X4): Sales Tax
**«**
ITEM 10 (Revision) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT
TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM CASEY'S
GENERAL STORE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007)
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 Casey's
General Store, 204 N. 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. An employee of Casey's General
Store has violated Section 453A.2(1). By signing the appropriate waiver and
paying the $300 civil penalty, Casey's General Store waives its statutory right to
have a hearing on whether the civil penalty should be assessed.
ITEM 11. (Revision) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT
TO HEARING AND PAYMENT OF A $1500 CIVIL PENALTY FROM DELI
MART #2 PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007)
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 Deli Mart #2,
1920 Lower Muscatine Road. 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 atwo-year period that an
employee of Deli Mart #2 has violated Section 453A.2(1). By signing the
appropriate waiver and paying the $1500 civil penalty, Deli Mart #2 waives its
statutory right to have a hearing on whether the civil penalty should be assessed.
February 10, 2009 City of Iowa City Page 9
ITEM 8. PLANNING AND ZONING MATTERS. (Item's "a" will proceed as outlined in the
City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte
communications.")
a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR FEBRUARY 24
ON AN ORDINANCE REZONING 2.97 -ACRES OF LAND LOCATED AT THE
NORTHWEST CORNER OF HICKORY TRAIL AND FIRST AVENUE FROM
LOW DENSITY SINGLE FAMILY (RS-5) ZONE TO PLANNED
DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY (OPD-8)
ZONE. (REZ08-00012)
Comment: At its January meeting, by a vote of 6-0 (Koppes absent), the
Planning and Zoning Commission recommended approval of this rezoning for a
three-lot, 18 unit multi-family development. Staff recommended approval in a
report dated January 15. Approval will allow this property to be developed with
three buildings, each containing 6 townhouse-style condominium units.
Action: Y
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ITEM 9. AUTHORIZING THE CONVEYANCE, BY QUIT CLAIM DEED, ANY INTEREST THE
CITY HAS IN THE VACATED 10.23 ACRE PORTION OF OLD DUBUQUE ROAD
LOCATED SOUTH OF INTERSTATE 80 AND EAST OF DODGE STREET TO ACT,
INC.
Comment: This action has been requested by ACT to clear title to this land that was
conditionally vacated by the City in 1992. The conditions for the vacation have been
satisfied and the City no longer needs this land for any public purpose. Staff
recommends this conveyance without consideration because the City's interest in this
land was limited to the rights it acquired as a successor to Johnson County's easement
interest in the 10.23 acres at the time it was annexed into the City's corporate limits.
a) PUBLIC HEARING
Action: ~o ~X~IYGt~ -
vq. ag b) CONSIDER A RESOLUTION
Action:
February 10, 2009 City of Iowa City Page 10
ITEM 10. ASSESSING A $300.00 CI IL PENALTY AGAINST CASEY'S GENERAL STORE,
PURSUANT TO IOWA CODE~SECTION 453A.22(2) (2007) '~
Comment: his hearing is the ti a designated for the Council consider whether to
adopt a R olution assessing t e $300.00 civil penalty auth ized by Iowa Code
section 453A. (2) against Casey's General Store, 204 N. Dubu a Street. Section
453A.22(2) prove es that, after a hear g, a $300.00 civil penalty wil be assessed to a
retail cigarette pe it holder when and 'f that permit holder's emplo a violates Iowa
~,~_J Code section 453A. (1) by selling or pr viding tobacco to a minor. s a part of the
hearing, the Counci will be provided wi information establishing a employee of
-~ `~' permit holder Casey General Store vio ted Iowa Code section 4 A.2(1). The
~~~`~~'~ permit holder's represe ative will then have a opportunity to provide the Council with
information s/he deems ppropriate. The Co ncil will then decide wheth r to assess
the requested civil pe Ity and, if it deci s to do so, will adopt an ppropriate
Resolution. The hearing wi not provide the oppo unity for public comment.
a) CONDUCT HEART
Action:
b) CONSIDER A RESOLU
Action:
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CITY OF IOWA C(TY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: Addition and Revisions February 10 Agenda
Consent Calendar:
ITEM 6g(12). Correspondence regarding taxes: Brian Mildenstein
(13) Tom Slockett (X4~_Salg~Ja~c----------- -~-
_- _ *****
ITEM 10
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(Revision) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT
TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM CASEY'S
GENERAL STORE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007)
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 Casey's
General Store, 204 N. 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. An employee of Casey's General
Store has violated Section 453A.2(1). By signing the appropriate waiver and
paying the $300 civil penalty, Casey's General Store waives its statutory right to
wave a hearing on whether the civil penalty should be assessed.
ITEM 11. revision) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT
TO~tEAR1NG AND PAYMENT OF A $1500 CIVIL PENALTY FROM
MART #2 PU1~5t-1ANT TO IOWA CODE SECTION 453A.22(2) (200
Comment: This Resolution a is a waiver of right to h mg and payment of a
$1500 civil penalty, as set out in a Code sectio A.22(2), by Deli Mart #2,
1920 Lower Muscatine Road. Sectio 53A. provides that, after a hearing,
a $300.00 civil penalty will be assessed a retail cigarette permit holder when
and if that permit holder's employe iolate Iowa Code section 453A.2(1) by
selling or providing tobacco to inor. The civi enalty for the second time the
permit holder's employee ates Section 453A.2( within atwo-year period is
either $1500.00 or a rty (30) day retail cigarette p it suspension, at the
option of the per e. This is the second time. within a t -ear period that an
employee of eli Mart #2 has violated Section 453A.2(1). signing the
appropria waiver and paying the $1500 civil penalty, Deli Mart gives its
statu right to have a hearing on whether the civil penalty should be assessed.
February 10, 2009 City of Iowa City Page 11
ITEM 11. ASSESSING EITHER A 30 DAY RETAIL C ARETTE PERMIT SUSPENSION OR
$1500.00 CIVIL PENALTY AGAINST DELI N~ART #2, PURSUANT O IOWA CODE
SECTION A53A.22(2) (2007)
Comment: phis hearing is the time designated for the Council to cons er whether to
adopt a Resolution assessing either the 30 Day Retail Cigarette Permit uspension or
the $1500.00 ~~ivil penalty authorized by Iowa ode section 453A.22(2 against Deli
Mart #2, 1920. Lower Muscatine Road. Sectio 453A.22(2) provides hat, after a
hearing, a $300.00 civil penalty will be assesse to a retail cigarette p rmit holder
when and if that permit holder's employee violate Iowa Code section 4 A.2(1) by
selling or providing tobacco to a minor. The civil pe Ity for the second time he permit
~_ ~ holder's employee .violates Section 453A.2(1) ithin a two-year period is either
C, $1500.00 or a 30 day `retail cigarette permit suspensio , at the option of the pe mittee.
~. ~~~,,~, This is the second time\within a two year period that a employee of Deli Mart 2 has
violated Section 453A.2( As a part of the hearing, t Council will be provid d with
information establishing a employee of permit holder D li Mart #2 violated Iowa Code
section 453A.2(1) and that this is the second time with'n a two year period th t an
employee has violated Secti 453A.2(1). The permit ho er's representative will hen
have the opportunity to provi the Council with informati n s/he deems appropri te.
The Council will then decide ether to assess the requ sted civil penalty and, it
decides to do so, will adopt an propriate Resolution. S 'd Resolution will give t e
permittee the power to determine hich of the two penalties 's assessed. The heari
will not provide the opportunity for p blic comment.
a) CONDUCT HEARING
Action:
b) CONSIDER A RESOLUTION
Action:
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CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: Addition and Revisions February 10 Agenda
Consent Calendar:
ITEM 6g(12). Correspondence regarding taxes: Brian Mildenstein
(13) Tom Slockett (X4): Sales Tax
*****
ITEM 10 (Revision) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT
TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM CASEY'S
GENERAL STORE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007)
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 Casey's
General Store, 204 N. 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. An employee of Casey's General
Store has violated Section 453A.2(1). By signing the appropriate waiver and
paying the $300 civil penalty, Casey's General Store waives its statutory right to
have a hearing on whether the civil ponai+" ehni ilri hP accPCSPri
~r' ITEM 11. (Revision) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT
p9, 3a TO HEARING AND PAYMENT OF A $1500 CIVIL PENALTY FROM DELI
MART #2 PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007)
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 Deli Mart #2,
~ 0 ~) , 1920 Lower Muscatine Road. Section 453A.22(2) provides that, after a hearing,
Q 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
\~ ~(I~l option of the permittee. This is the second time within atwo-year period that an
~I~ employee of Deli Mart #2 has violated Section 453A.2(1). By signing the
~~ appropriate waiver and paying the $1500 civil penalty, Deli Mart #2 waives its
statutory right to have a hearing on whether the civil penalty should be assessed.
February 10, 2009 City of Iowa City Page 12
ITEM 12. ASSESSING A 30 DAY RETAIL CIGARETTE PERMIT SUSPENSION AND $1500.00
CIVIL PENALTY AGAINST HARTIG DRUG COMPANY D/B/A HARTIG DRUG
STORE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007)
Comment: This hearing is the time designated for the Council to consider whether to
adopt a Resolution assessing the 30 Day Retail Cigarette Permit suspension and
$1500.00 civil penalty authorized by Iowa Code section 453A.22(2) against Hartig Drug
Company d/b/a Hartig Drug Store, 701 Mormon Trek Blvd. 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
third time the permit holder's employee violates Section 453A.2(1) within athree-year
period is $1500.00 and a 30 day retail cigarette permit suspension. This is the third
time within a three year period that an employee of Hartig Drug Store has violated
Section 453A. 2(1). As a part of the hearing, the Council will be provided with
information establishing an employee of permit holder Hartig Drug Store violated Iowa
Code section 453A.2(1) and that this is the third time within a three year period that an
employee has violated 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~ - 3 ~ b) CONSIDER A RESOLUTION
Action: ~ ~
1.9~i11 7 !1
Agenda additions & revisions for 2/10 agenda
Page 2 __
ITEM 13. (Revision) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT
. c9- 39 TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM HY-VEE
/~ DRUGSTORE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007)
. .~~~J'-"" Comment: This Resolution accepts a waiver of right to hearing and payment of a
~~.
i1~ $300 civil penalty, as set out in Iowa Code section 453A.22(2), by Hy-Vee
1N Drugstore, 310 North First Avenue. Section 453A.22(2) provides that, after a
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 Hy-Vee Drugstore
has violated Section 453A.2(1). By signing the appropriate waiver and paying
the $300 civil penalty, Hy-Vee Drugstore waives its statutory right to have a
in on whether the civil penalty should be assessed.
ITEM 1 (Revision) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT
TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM LOYA
DER OF MOOSE LODGE 1096, PURSUANT TO IOWA CODES ON
45 22(2) (2007)
Comment: his Resolution accepts a waiver of right to hea ' g and payment of a
$300 civil pen , as set out in Iowa Code section 453.2(2), by Loyal Order of
Moose Lodge 1 6, P.O. Box 126. Section 453.2(2) provides that, after a
hearing, a $300.00 it penalty will be assesse o a retail cigarette permit holder
when and if that perms older's employee lates Iowa Code section 453A.2(1)
by selling or providing tob co to a min An employee of Loyal Order of Moose
Lodge has violated Section 53A. By signing the appropriate waiver and
paying the $300 civil penalty, I Order of Moose Lodge waives its statutory
right to have a hearing on wh e e civil penalty should be assessed.
ITEM 17. (Revision) CONSIDER RESOLUTI N ACCEPTING A WAIVER OF RIGHT
TO HEARING AND AYMENT OF A $ 0 CIVIL PENALTY FROM THE DEN,
PURSUANT TO 1 A CODE SECTION 4 3A.22(2) (2007)
Comment: is Resolution accepts a waiver o fight to hearing and payment of a
$300 civi enalty, as set out in Iowa Code sectio 453A.22(2), by The Den, 123
E. Wa ington Street. Section 453A.22(2) provide that, after a hearing, a
$30 .00 civil penalty will be assessed to a retail ciga tte permit holder when and
that permit holder's employee violates Iowa Code se tion 453A.2(1) by selling
or providing tobacco to a minor. An employee of The en has violated Section
453A.2(1). By signing the appropriate waiver and paying the $300 civil penalty,
The Den waives its statutory right to have a hearing on whether the civil penalty
should be assessed.
February 10, 2009 City of Iowa City Page 13
ITEM 13. ASSESSING A $300.00 CIVIL PENALTY AGAINST HY-VEE DRUG STORE,
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007)
Co ment: This hearing is the t e designated for the Cou cil to consider whether to
adop a Resolution assessing he $300.00 civil penalty uthorized by Iowa Code
sectio 453A.22(2) against Hy-Vee Drugstore, 310 N. First Avenue. Section
453A.2 )provides that, after a he ring, a $300.00 civil pena ty will be assessed to a
retail ciga ette permit holder when a d if that permit holder's mployee violates Iowa
~~ Code secti n 453A.2(1) by selling or roviding tobacco to a nor. As a part of the
o v hearing, the Council will be provided ith information establis ing an employee of
permit holder y-Vee Drugstore violate Iowa Code section 45 A.2(1). The permit
~~~~~ holder's repre ntative will then have a opportunity to provi the Council with
information s/he eems appropriate. The ouncil will then decide hether to assess
the requested ci it penalty and, if it de ides to do so, will ado t an appropriate
Resolution. The hea ~ng will not provide the o ortunity for public com ent.
a) CONDUCT HE~RING
Action:
b) CONSIDER A RESOL~(JTION
Action:
ITEM 14. ASSESSING A $300.00 CIVIL PENALTY AGAINST I.C. PIT STOP, PURSUANT TO
IOWA CODE SECTION 453A.22(2) (2007)
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 I.C. Pit Stop, 300 Kirkwood Avenue. 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
I.C. Pit Stop 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: , ~_~~~ g.
09 - 33 b) CONSIDER A RESOLUTION
Action:
February 10, 2009 City of Iowa City Page 14
ITEM 15. ASSESSING A $300.00 CIVIL PENALTY AGAINST KUM & GO #51, PURSUANT TO
pq-34, IOWA CODE SECTION 453A.22(2) (2007)
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 #51, 323 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 Kum & Go #51 violated Iowa Code section 453A.2(1). The permil
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: ~v~ ~ X°~'t QJ
b) CONSIDER A RESOLUTION
Action:
ITEM 16. ASSESSING A $300.00 CIVIL PEN TY AGAINST LOYAL RDER OF MOOSE
LODGE 1096, PURSUANT TO IOWA~DE SECTION 453A.22( ) (2007)
Comment: This hearing is the time desig ated for the Council to onsider whether to
adopt a Resolution assessing the $300. 0 civil penalty authors ed by Iowa Code
~. section 453A.22~~) against Loyal Order of Moose Lodge, P.O. Box 26. Section
453A.22(2) provide that, after a hearing, a 00.00 civil penalty will a assessed to a
retail cigarette perms holder when and if that ermit holder's emplo a violates Iowa
Code section 453A.2 ) by selling or providin tobacco to a minor. s a part of the
~` hearing, the Council ~ I be provided with info mation establishing a employee of
permit holder Moose Lo a violated Iowa Codes ction 453A.2(1). The ermit holder's
representative will then h ve. the opportunity to p ovide the Council wi information
s/he deems appropriate. T Council will then deci whether to assess t e requested
civil penalty and, if it deci es to do so, will adop an appropriate Res lution. The
hearing will not provide the op rtunity for public com nt.
a) CONDUCT HEARING
Action:
b) CONSIDER A RESOLUTION
Action:
Agenda additions & revisions for 2/10 agenda
Page 2
ITEM 13. (Revision) CONSIDER A RESOLUTION ACCEPTI WAIVER OF RIGHT
TO HEARING AND PAYMENT OF A $300 C PENALTY FROM HY-VEE
DRUGSTORE, PURSUANT TO IOWA CO ECTION 453A.22(2) (2007)
Comment: This Res acc ~ts~a waiver of right to hearing and payment of a
$300 civil penalty, as se ode section 53A.22(2), by Hy-Vee
Drugstore, 310 Nort rst Avenue. Section provides that, after a
hearing, a $300. civil penalty will be assessed to a retail cigarette permit holder
when and i at permit holder's employee violates Iowa Code section 453A.2(1)
by selli g or providing tobacco to a minor. An employee of Hy-Vee Drugstore
has violated Section 453A.2(1). By signing the appropriate waiver and paying
t~t~_$3.OD--r-~ivit--Pe+malty;~-Hq-~lE~flragstrn'e~-wai~~~ '-ns--~tatuteny--rtgh~~ta_ ve a
hearing on whether the civil penalty should be assessed.
~ 3 TEM 16. (Revision) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT
J TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM LOYAL
ORDER OF MOOSE LODGE 1096, PURSUANT TO IOWA CODE SECTION
`,, ~1 ~>rt 453A.22(2) (2007)
~~Iu~ ` 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 Loyal Order of
Moose Lodge 1096, P.O. Box 126. Section 453A.22(2) provides that, after a
1 hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder
naV~ O 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 Loyal Order of Moose
Lodge has violated Section 453A.2(1). By signing the appropriate waiver and
paying the $300 civil penalty, Loyal Order of Moose Lodge waives its statutory
have a hearing on whether the civil penalty should be assessed.
ITEM 17. (Revision) CONSIDER A RESOLUTION ACCEP ER OF RIGHT
TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM THE DEN,
PURSUAN-T~O IOWA CODE SECTION 453A.22(~.)-(7007)
Comment: This Resolutio cepts a w ' er of right to hearing and payment of a
$300 civil penalty, as set out in ode section 453A.22(2), by The Den, 123
E. Washington Street. Secti 53A. provides that, after a hearing, a
$300.00 civil penalty w' a assessed to a re i arette permit holder when and
if that permit hold employee violates 'Iowa Code tion 453A.2(1) by selling
or providing t cco to a minor. An employee of The Den has violated Section
453A.2(1 y signing the appropriate waiver and paying the $300 civil penalty,
The waives its statutory right to have a hearing on whether the civil penalty
should be assessed.
February 10, 2009 City of Iowa City Page 15
ITEM 17. ASSESSING A $300.00 CIVIL PENALTY AGAINST THE DEN, PURSUANT TO
IOWA CORE SECTION 453A.2,~(2) (2007) --~
Comment: Tf' hearing is the tim designated for the C uncil to consider whether to
adopt a Res ution assessing th $300.00 civil penalty authorized by Iowa Code
section 453A.22( against The Den, 23 E. Washington S eet. Section 453A.22(2)
' provides that, aft r a hearing, a $3 .00 civil penalty will be assessed to a retail
cigarette permit hold when and if that rmit holder's emplo ee violates Iowa Code
~~~~~'"v -" section 453A.2(1) by s ling or providing to acco to a minor. A apart of the hearing,
~ the Council will be provi d with information stablishing an emp yee of permit holder
The Den violated Iowa Co section 453A.2(1 The permit holde s representative will
then have the opportunit to provide the Council with infor ation s/he deems
appropriate. The Council will t n decide whethe to assess the req ested civil penalty
and, if it decides to do so, will opt an appropri a Resolution. Th hearing will not
provide the opportunity for public c mment.
a) CONDUCT HEARING
Action:
b) CONSIDER A RESOLUTION
Action:
ITEM 18. ASSESSING A $300.00 CIVIL PENALTY AGAINST WAL-MART STORE NO. 1721,
PU SUANT TO IOWA CODE SECTION 453A.22(2) (2007
Comm nt: This hearing is he time designated for the Coun it to consider whether to
adopt Resolution asse sing the $300.00 civil penalty a thorized by Iowa Code
~ section 4 3A.22(2) against al-Mart Store No. 1721, 1001 Hi way 1 West. Section
~~ 453A.22(2) rovides that, afte a hearing, a $300.00 civil penalt will be assessed to a
n ~ retail cigare permit holder w en and if that permit holder's a ployee violates Iowa
~~~~~~J Code section 53A.2(1) by selli or providing tobacco to a min r. As a part of the
hearing, the C uncil will be pro 'ded with information establishi g an employee of
permit holder I-Mart violated I a Code section 453A.2(1). a permit holder's
representative wil then have the o ortunity to provide the Counc with information
s/he deems approp 'ate. The Council ill then decide whether to ass s the requested
civil penalty and, i it decides to do o, will adopt an appropriate esolution. The
hearing will not provid the opportunity fo public comment.
a) CONDUCT HEAR G
Action:
b) CONSIDER A RESOLUT ON
Action:
Agenda additions & revisions for 2/10 agenda
Page 2
ITEM 13. (Revision) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT
TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM HY-VEE
DRUGS' ORE, PURSUANT TO IOWA CODE SECTI 453A.22(2) (2007)
Comment: Resolution accepts a waiver of ri to hearing and payment of a
$300 civil pena as set out in Iowa Code ection 453A.22(2), by Hy-Vee
Drugstore, 310 No First Avenue. Sectio 453A.22(2) provides that, after a
hearing, a $300.00 ci enalty will be ass sed to a retail cigarette permit holder
when and if that permit Ider's employ violates Iowa Code section 453A.2(1)
by selling or providing tob co to a inor. An employee of Hy-Vee Drugstore
has violated Section 453A.2 B signing the appropriate waiver and paying
the $300 civil penalty, Hy-Vee ugstore waives its statutory right to have a
hearing on whether the civil pe It hould be assessed.
ITEM 16. (Revision) CONSIDER A ESOLUTIO ACCEPTING A WAIVER OF RIGHT
TO HEARING AND P MENT OF A $ CIVIL PENALTY FROM LOYAL
ORDER OF MOOSE ODGE 1096, PURS T TO IOWA CODE SECTION
453A.22(2) (2007)
Comment: Thi esolution accepts a waiver of right to hea ' and payment of a
$300 civil pe Ity, as set out in Iowa Code section 453A.22(2), oyal Order of
Moose Lo e 1096, P.O. Box 126. Section 453A.22(2) provides t, after a
hearing, $300.00 civil penalty will be assessed to a retail cigarette per 'holder
when d if that permit holder's employee violates Iowa Code section 45 .2(1)
by s ing or providing tobacco to a minor. An employee of Loyal Order of M ose
Lo a has violated Section 453A.2(1). By signing the appropriate waiver and
p ying the $300 civil penalty, Loyal Order of Moose Lodge waives its statutory
fight to have a hearing on whether th
,~~EM 17. (Revision) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT
~--~ TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM THE DEN,
~~/ ~e`pi,PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007)
~~~~ 6 Comment: This Resolution accepts a waiver of right to hearing and payment of a
~' C/ $300 civil penalty, as set out in Iowa Code section 453A.22(2), by The Den, 123
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 Den has violated Section
Q~~ ~ 453A.2(1). By signing the appropriate waiver and paying the $300 civil penalty,
(~ ~ I I The Den waives its statutory right to have a hearing on whether the civil penalt
l/" should be assessed.
Agenda additions & revisions for 2/10 agenda
Page 3
___--
_, ____
~ - ,I ITEM 18. (Revision) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT
TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM WAL-MART
~_ ~+I~~(-~ STORE NO. 1721, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2007)
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 Wal-Mart Store
No. 1721, 1001 Highway 1 West. 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)
1~~ by selling or providing tobacco to a minor. An employee of Wal-Mart has violated
Section 453A.2(1). By signing the appropriate waiver and paying the $300 civil
penalty, Wal-Mart waives its statutory right to have a hearing on whether the civil
enalty should be assessed.
ITEM 32b. (Addition) RESOLUTION APPROVING THE USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE LOCAL
MATCH T THE HAZARD MITIGATION GRANT PROGRAM (HMGP)
PROPER CQUISITION PROJECT AND RESCINDING
RESOLUTIO O 09-7. i
Comment: The deral government pays for 75 cent of the costs to
acquire property throu the Hazard Mitigation nt Program (HMGP).
The entity, such as the Ci that applies for funds must cover the
remaining 25 percent. The to of low as agreed to pay for 10
percent of the non-federal portio f costs. The State has also
decided that supplemental Com Development Block Grant (CDBG)
funds may be used for the re fining 1 ercent of the costs, or what is
referred to as the local m .This resol 'on approves the use of CDBG
funds for the City's loc match and authoriz the City Manager to sign a
contract for the us the funds. Although the tate initially instructed
the City to putt dollar amount of the 15% matc which the City did in
Resolution . 09-7, the State is now requesting t t the resolution not
include a pecific dollar ar,~~flt~ir~"t~ie -ever~tthat udget changes.
The C G funds._use6for the local match are not part of the "regular"
CD fu that the City receives for allocation to local agencies and for
economic development.
February 10, 2009 City of Iowa City Page 16
ITEM 19. CONSIDER AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF IOWA
CITY, IOWA, BY REVISING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES,"
CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," SECTION 8,
ENTITLED "PERSONS UNDER 19 YEARS OF AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS" SUBSECTION E (1) TO INCREASE THE PENALTY FOR A
PERSON UNDER 19 YEARS OF AGE WHO VIOLATES SAID SECTION TO FIVE
HUNDRED DOLLARS ($500.00). (FIRST CONSIDERATION)
Comment: Iowa City Code prohibits persons under the age of 19 from being
present after 10:00 p.m. in a licensed establishment whose primary purpose is the
sale of alcohol. This ordinance increases the fine for violation by a person under
19 to $500.00. Staff memorandum and additional correspondence included in
Council packet.
Action: l,~iLbG ~Y~
~~
lJi~dc~t~~~ ~ ~/~ ay_~s
ITEM 20. CONSIDER A RESOLUTION APPROVING THE POLICE CHIEF'S GUIDELINES
pq _ 3$' FOR REVIEW OF APPLICATIONS FOR INITIAL AND RENEWAL LIQUOR
LICENSES, BEER PERMITS AND WINE PERMITS AND THE POLICE AND FIRE
ON-PREMISES RENEWAL FORMS AND RESCINDING RESOLUTION NO. 06-216.
Comment: Resolution No. 06-216 approved the Police Chief's guidelines for review
of license applications. This resolution approves the revised guidelines which
incorporate the on-premises renewal criteria form and the denial of renewal for an
establishment with a PAULA rate per visit of 1.00 or more.
Action: 6~/ b ~ nt / ~~/
e D
ITEM 21. CONSIDER AN ORDINANCE AMENDING TITLE 13, ENTITLED "AIRPORTS AND
AVIATION," CHAPTER 1, ENTITLED, "AIRPORT COMMISSION," TO CHANGE THE
TERMS OF THE COMMISSIONERS FROM SIX (6) YEARS TO FOUR (4) YEARS.
(FIRST CONSIDERATION)
Comment: State law requires that the City Council set the length of terms of the
Airport Commission by ordinance and that the term be no less than three (3) years and
no greater than six (6) years. The terms presently are six (6) years, which is a
substantial commitment especially in light of the scope of the commissioners' duties.
At the Airport Commission meeting on January 8, 2009, the Commission passed a
motion recommending that the terms be decreased to four (4) years in order to entice
more people to apply. Under the proposed ordinance, as each of the current six (6)
year terms expires, it will become a four (4) year term. The first "conversion" will be the
term that expires February 29, 2009. Draft minutes of the Airport Commission's
meeting on January 8, 2009 are in the January 29, 2008 information packet.
Action:.~i~'1Gt Wtb I e J ~ ~=DrY'~/G~ ~'~ li V~ /~
February 10, 2009 City of Iowa City Page 17
ITEM 22. CONSIDER AN ORDINANCE AMENDING TITLE 1, ENTITLED "ADMINISTRATION,"
CHAPTER 4, ENTITLED "GENERAL PENALTY," SECTION 2D TO PROVIDE THAT
THE CIVIL PENALTY FOR OVER-OCCUPANCY OF A RENTAL UNIT BE $750.00
FOR FIRST VIOLATION AND $1,000.00 FOR SECOND AND SUBSEQUENT
VIOLATIONS. (FIRST CONSIDERATION)
Comment: Presently the civil penalty in a municipal infraction for over-occupying a
rental unit is $250 for first violation, $500 for second, and $750 for third. This
ordinance would increase it to $750 for first and $1,000 for second and subsequent,
which is the maximum allowable under state law. The packet contains correspondence
and a memo from staff with additional information.
Action: ~~fo ~/~Q-12 I B'rv shy [~
7 0
D ~~~~~~ l~ ~~~~
ITEM 23. CON IDE A RESOLUTION ESTABLISHING F S FOR BUILDING PERMITS AND
,pR~ 3q OTHER SERVICES AND ACTIVITIES OF THE HOUSING AND INSPECTION
SERVICES DEPARTMENT AND RESCINDING RESOLUTION NOS. 02-316, 01-40,
03-183, AND 06-376.
Comment: This resolution places all fees for building permits, plan reviews, licensing,
and other services and activities of the Housing and Inspection Services Department in
one schedule, but only increases four fees. The mechanical permit fee for new
residences increases from $50 to $100, and the residential remodel permit fee increases
from $35 to $50 because the City now provides inspections of the installation of
mechanical work. This is the same rate as the fees for plumbing and electrical fees. The
administrative fee for snow and weed complaints is being increased from $50 to $75 to
reflect the actual staff time committed to responding to complaints including two
inspections. The final change increases the fee for a minor modification from $50 to
$100 because the flexibility in the development standards under the new zoning code
has resulted in more requests for minor modifications and increased staff involvement.
The fee increase is effective July 1, 2009.
Action:
~pr~lei~
~. ~~ ~~
ITEM 24. CONSIDER A RESOLUTION ESTABLISHING FEES FOR INSPECTION SERVICES
oct„ ~ FOR THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND
RESCINDING RESOLUTION 05-280.
Comment: Presently the inspection fees are $120 per structure, $16 per unit, and
$6 per bedroom. The proposed fee structure would increase fees to $150
per structure, $17 per unit, and $7 per bedroom. Under the proposed fee structure,
fees for a typical 12 unit, 2 bedroom per unit multi-family building would increase by
$0.23 per month, per unit. Fees for a typical 3 bedroom single family rental would result
in a $1.41 per month increase. The fee schedule would become effective on July 1,
2009. The other fees remain the same.
Action:
rv' e r ~
~~ ~,
February 10, 2009 City of Iowa City Page 18
ITEM 25. CONSIDER A RESOLUTION SUPPORTING AND APPROVING THE REVITALIZE
oq _ ~~ IOWA'S SOUND ECONOMY (RISE) GRANT APPLICATION FOR THE
RECONSTRUCTION OF 420TH STREET EAST OF HIGHWAY 6.
Comment: This resolution will support and approve the application of a Revitalize
Iowa's Sound Economy (RISE) application to Iowa DOT for $1,928,500 (50% of project
cost) for the reconstruction of 420th Street east of Highway 6. The RISE grant
program is intended to support infrastructure projects which result in economic
development and job creation. The property bordering 420th Street is intended to be
used as City-initiated industrial park development.
Action: w Y
2 Gig
ITEM 26. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING Tb~E
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY
oq_ 4~ AND BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND
ENVIRONMENTAL, L.L.C. TO PROVIDE ENGINEERING CONSULTANT SERVICES
FOR THE 420T" STREET CORRIDOR IMPROVEMENTS PROJECT.
Comment: This agreement authorizes Foth Infrastructure and Environmental L.L.C.
to provide design engineering services related to the 420th Street improvements and
the 420th Street Industrial Park creation. The total cost of the engineering services is
$619,500 which includes $95,000 for sanitary sewer, $239,500 for street improvements
and $205,000 for the industrial development. This will be funded by GO bond
proceeds and an interdepartmental loan.
Action: ~i ~~ ux~ ~ ~QU~
ITEM 27. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
o~~ 43 MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE CITY ATTORNEY AND COUNCIL OFFICE REMODELING
PROJECT.
Comment: Bids for this project were opened on Tuesday, February 3~d and the
following bids were received:
Base Bid & Alternates #1 & #2
City Construction Group, LC Iowa City, IA $ 131,150.00
Apex Construction Co., Inc. Iowa City, IA $ 140,670.00
Tricon General Construction Dubuque, IA $ 160,500.00
Frantz Construction Co., Inc. Iowa City, IA $ 171,600.00
Jarvis Construction Cedar Rapids, IA $ 205,873.00
Regal Construction Services, Inc. Iowa City, IA $ 218,350.00
Engineer's Estimate
$ 226,300.00
Public Works and Engineering recommend award of the contract, including Alternates
#1 & #2, to City Construction Group, LC of Iowa City, Iowa. The project will be funded
by General Obligation bond proceeds. ~~
Action' ~i~hr,ur-ti / /~~~r Q~W ~_~ ~ _~'1Q _
February 10, 2009 City of Iowa City Page 19
ITEM 28. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE
Og~ q.A- MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY
AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY
TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE NORTH DODGE
STREET PEDESTRIAN BRIDGE OVER INTERSTATE 80 PROJECT.
Comment: This agreement authorizes Howard R. Green Company to provide
design engineering services related to the North Dodge Street Pedestrian bridge over
Interstate 80. The total cost of the engineering services is $169,414. This will be
funded by Road Use tax proceeds. It is anticipated that this construction project will be
eligible for federal economic stimulus funding.
Action:
ITEM 29. CONSIDER A RESOLUTION APPROVING THE ACQUISITION OF A TEMPORARY
og ~, ~~ CONSTRUCTION EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND SG LAND LC 8~ SG LAND II LC, FOR THE CONSTRUCTION OF THE IOWA
RIVER BANK REPAIR PROJECT AND AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME.
Comment: The acquisition of a Temporary Construction Easement included with
this agreement will be necessary to complete a permanent spot repair on the bank of
the Iowa River just west of the SG Land property along South Gilbert Street. The
damage is a result of river bank scouring resulting from the Flood of 2008. SG Land is
donating the easement to the City.
Action: ll~ri ~t~'
ITEM 30. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE
oq - ~--~, MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY
AND BETWEEN THE CITY OF IOWA CITY AND ANDERSON-BOGERT
ENGINEERS AND SURVEYORS, INC. TO PROVIDE ENGINEERING CONSULTANT
SERVICES FOR THE BURLINGTON/MADISON INTERSECTION AND MEDIAN
PROJECT.
Comment: This agreement authorizes Anderson-Bogert Engineers and Surveyors,
inc. to provide design engineering services related to the construction of the
Burlington/Madison Intersection and Median Project. This project will include
construction of medians within Burlington Street between the Iowa River and Capitol
Street, improvements to the intersection of Burlington Street and Capitol Street, and
upgrades to the utilities within this corridor. The total cost of the engineering services
is $141,800. This will be funded by General Obligation bond proceeds and the
University of Iowa.
Action:
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February 10, 2009 City of Iowa City Page 20
ITEM 31. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE
ORS 47 MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY
AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY
TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LANDFILL GAS
COLLECTION SYSTEM IMPROVEMENT PROJECT.
Comment: This agreement authorizes Howard R. Green Company to provide
design engineering services related to the expansion and improvement of the existing
landfill gas collection system. The total cost of the engineering services is $108,000.
This will be funded by Landfill revenues. Staff memorandum included in Council
packet.
Action:
ITEM 32. c~ CONSIDER A RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF
UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK
` o~ ~ 4~ REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO
CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR
COLLECTION IN THE SAME MANNER AS PROPERTY TAXES.
Comment: The City has the authority under Iowa Code §364.136 to assess the
nuisance abatement costs in the same manner as a property tax. This resolution
allows the City Clerk to certify to the Johnson County Treasurer the abatement cost to
be assessed against the property. This assessment is being pursued only after the City
took many steps to resolve the matter. The City notified the home owners to abate the
nuisance (for example, to remove snow from the sidewalk) and after the home owner
did not take action to abate the nuisance, the City abated the nuisance and billed the
owner. After being billed at least twice, these owners still have not paid the abatement
costs. The City has sent a letter to the home owner giving them notice that this
resolution would be on the agenda, a copy of which is attached to the resolution. No
interest will be charged if the owner pays within 30 days of the first required
publication. Attached as an exhibit to the resolution is a list of the properties that will
be assessed and the amount that will be assessed.
Action
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Agenda additions & revisions for 2/10 agenda
Page 3
ITEM 18. (Revision) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT
TO REARING AND PAYMENT OF A $300 CIVIL PENALTY F AL-MART
STORE fitf3~-.721, PURSUANT TO IOWA CODE SEC 453A.22(2) (2007)
Comment: This Resol~b cepts a w ' of right to hearing and payment of a
$300 civil penalty, as set out in to de section 453A.22(2), by Wal-Mart Store
No. 1721, 1001 Highway est. Sec i 3A.22(2) provides that, after a
hearing, a $300.00 civi natty will be assessed to a 'cigarette permit holder
when and if that it holder's employee violates Iowa Coe tion 453A.2(1)
by selling or viding tobacco to a minor. An employee of Wal-Mart has violated
Section A.2(1). By signing the appropriate waiver and paying the $300 civil
penalty, Wal-Mart waives its statutory right to have a hearing on whether the civil
--_pet~a+tv-should-be_assessed:------ ----------_-----------________
/ ITEM 32b. (Addition) RESOLUTION APPROVING THE USE OF COMMUNITY
q..c) DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE LOCAL
MATCH TO THE HAZARD MITIGATION GRANT PROGRAM (HMGP)
PROPERTY ACQUISITION PROJECT AND RESCINDING
~ n~ ~ ~\~ ~ RESOLUTION NO 09-7.
l~` i ~~~ Comment: The federal government pays for 75 per cent of the costs to
1~ acquire property through the Hazard Mitigation Grant Program (HMGP).
The entity, such as the City, that applies for the funds must cover the
remaining 25 percent. The State of Iowa has agreed to pay for 10
percent of the non-federal portion of the costs. The State has also
decided that supplemental Community Development Block Grant (CDBG)
funds may be used for the remaining 15 percent of the costs, or what is
ACV referred to as the local match. This resolution approves the use of CDBG
~ n,~~(~ funds for the City's local match and authorizes the City Manager to sign a
lJ~'' ~In contract for the use of the funds. Although the state initially instructed
the City to put the dollar amount of the 15% match which the City did in
Resolution No. 09-7, the State is now requesting that the resolution not
include a specific dollar amount in the event that the budget changes.
The CDBG funds used for the local match are not part of the "regular"
CDBG funds that the City receives for allocation to local agencies and for
economic development.
February 10, 2009 City of Iowa City Page 21
ITEM 33. CONSIDER A MOTION GRANTING A 45-DAY EXTENSION TO THE POLICE
CITIZENS REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT WITH THE
CITY COUNCIL ON COMPLAINT #08-09.
Comment: Ordinance 97-3792 establishes the Police Citizens Review Board and sets
forth mechanisms for complaints. The Ordinance also provides the City Council to
grant extensions of the 30-day reporting requirement for good cause. At their meeting
of January 13, 2009, the Board requested a 45-day extension. Correspondence
included in the Council packet. (See draft minutes in information packet).
Action:
ITEM 34. CITY COUNCIL COMMITTEE APPOINTMENTS
-~ 35
a) Iowa City Conference Board Reappraisal Committee -One appointment of an
II Iowa City Council Member. (At the City Conference Board meeting on January
h)~I 28 it was agreed that a member of each body would appoint one member to
this Committee.)
Q~~ ~~~ Action:
ITEM 35. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18
years of age unless specific qualifications are stated.
a) Airport Zoning Brd of Adjustment -One vacancy to fill afive-year term January
1, 2009 -December 31, 2013. (Term expires for Dennis Keitel) (2 males and 0
females currently serve). / /
~o.~ /~t d~or~i ,sue
b) Appeals, Board of -One vacancy to fill afive-year term January 1, 2009 -
December 31, 2013, one for a Mechanical Professional. (Term expires for Tim
Fehr) (5 males and 1 female currently/serve .
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c) Senior Center Commission -Two vacancies to fill three-year terms January 1,
2009 -December 31, 2011. (Term expires for Robert Engel, David Gould) (3
males and 2 females currently serve) //
(1 male and 4 females currently serve)
d) Youth Advisory Commission -Two vacancies to fill two-year terms
January 1, 2009 -December 31, 2010.
One (1) person -Tate High
One (1) person - At Large
aims
1~~Ib~u~~~C~rr~~`Q.
February 10, 2009 City of Iowa City Page 22
ITEM 36. 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:
a) Airport Zoning Brd of Adjustment -One vacancy to fill an unexpired term,
effective upon appointment, plus afive-year term ending December 31, 2011.
(Carl Williams resigned) (3 males and 0 females currently serve).
b) Airport Zoning Commission -One vacancy to fill asix-year term January 1,
2006 -December 31, 2011. (Term expires for Mark Anderson) (3 males and 0
females currently serve).
c) Appeals, Board of -One vacancy to fill afive-year term January 1, 2009 -
December 31, 2013. (Denny Henderson resigned) (4 males and 1 female
currently serve).
d) Civil Service Commission -One vacancy to fill afour-year term April 6, 2009 -
April 1, 2013. (Term expires for William Cook) (0 males and 2 females currently
serve).
e) Historic Preservation Commission - Four vacancies, one At-Large, one
Woodlawn, one College Green, and one East College St District
Representative, to fill three-year terms March 29, 2009 -March 29, 2012.
(Term expires for Frank Wagner, Ginalie Swaim, Pam Michaud, Esther Baker)
(4 males and 2 females currently serve).
f) Telecommunications Commission -Two vacancies to fill three-year terms
March 13, 2009 -March 13, 2012. (Term expires for Brett Gordon, Saul
Mekies) (3 males and 0 females currently serve)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, FEBRUARY 18, 2009.
g) Airport Commission -One vacancy to fill asix-year term March 1, 2009 -
March 1, 2015. (Term expires for Randy Hartwig) (3 males and 1 female
currently serve).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MARCH 4, 2009.
New:
h) JCCOG Cool Cities Taskforce -One At-Large/Public vacancy to fill cone-year
term, effective upon appointment, ending March, 2010.
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MARCH 4, 2009.
February 10, 2009 City of Iowa City Page 23
i) Youth Advisory Commission -One vacancy to fill an unexpired term, effective
upon appointment, ending December 31, 2009.
One (1) person - At Large
(1 male and 3 females currently serve)
(Danielle Malatek resigned) See correspondence included in Council packet.
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MARCH 18, 2009.
ITEM 37. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 38. CITY COUNCIL INFORMATION.
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ITEM 39. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager. ~ ~ X~ " ~
b) City Attorney.
c) City Clerk.
ITEM 40. ADJOURNMENT
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