HomeMy WebLinkAbout2013-08-06 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
Iowa City r
City Council Agenda
it Regular Formal CITY IOWA CITY
August 6, 2013 - 7:00 p.m.
City Hall — Harvat Hall
410 E. Washington Street
www.icaov.ora
ITEM 1. CALL TO ORDER.
ITEM 1 a Roll Call
ITEM 2
13- a�7
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
ITEM 2a. Approval of Council Actions, subject to corrections, as recommended
by the City Clerk:
ITEM 2a(1) July 23 Council Work Session
ITEM 2a(2) July 23 Council Special Formal Official & Complete (x2)
ITEM 2a(3) July 31 Council Special Formal Official & Complete
ITEM 2b. Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
ITEM 2b(1) Airport Commission — June 20
ITEM 2b(2) Board of Library Trustees — June 27
ITEM 2b(3) Parks and Recreation Commission — May 8
ITEM 2b(4) Planning and Zoning Commission — June 20
ITEM 2b(5) Senior Center Commission — May 16
ITEM 2b(6) Telecommunications Commission — June 24
ITEM 2c. Permit Motions and Resolutions as Recommended by the City Clerk.
(Renewal)
ITEM 2c(1) Class C Liquor License for Orchard Green, Inc., dba Orchard Green
Restaurant, 521 S. Gilbert St.
ITEM 2c(2) Class C Liquor License for Chackalackal, Inc., dba One Twenty Six, 126 E.
Washington St.
ITEM 2c(3) Class C Liquor License for ARAMARK Corporation dba ARAMARK @ACT,
500 act Dr.
ITEM 2c(4) Class C Liquor License for Eckhardt Management, dba 2 Dogs Pub, 1705 S.
First Ave.
ITEM 2c(5) Class C Beer Permit for L& M Mighty Shop, Inc., dba L & M Mighty Shop,
504 E. Burlington St.
ITEM 2c(6) Resolution to issue Cigarette Permit to Earthly Escape, LLC dba Earthly
Escape, 114'/2 E. College St. #5.
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CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: August 6, Agenda Additions ..____._.
CONSENT CALENDAR:
ITEM 2c(7L_ Outdoor Service Area for the Bandits, LLC, dba El Banditos, 327 E. Market St.
___ porldence:
ITEM 2f(6) Nancy Ostrogani: SEATS
ITEM 2f(7) Christopher Gilstrap: Move to Iowa City District A [Staff response included]
ITEM 10b APPROVING CONFIDENTIALITY AGREEMENT - FOR A SETTLEMENT
CONFERENCE REGARDING IMMINENT LITIGATION.
Comment: This Resolution will approve a proposed Confidentiality Agreement to facilitate a
settlement conference regarding a matter of imminent litigation. The matter will be discussed with
City Attorney staff in executive session scheduled for Tuesday, August 6th, 2013.
August 6, 2013 City of Iowa City Page 2
ITEM 2d. Resolutions and Motions:
ITEM 2d(1) CDBG DEMOLITIONS PROJECT, CONTRACT #7 - ACCEPTING THE
WORK FOR THE CDBG DEMOLITIONS PROJECT - CONTRACT #7.
Comment: The project has been completed by Iowa City Excavating of
Coralville, Iowa, in substantial accordance with the plans and
specifications. The Engineer's Report and Performance and Payment
bonds are on file with the City Engineer.
❖ Project Estimated Cost: $ 96,000.00
❖ Project Bid Received: $ 93,317.25
❖ Project Actual Cost: $ 89,733.96
ITEM 2d(2) COURT HILL TRAIL, PHASE THREE - ACCEPTING THE WORK FOR
13 r THE COURT HILL TRAIL - PHASE THREE NRT- 3715(649) - -9G52
PROJECT.
Comment: The project has been completed by J & L Construction, LLC
of Washington, Iowa, in substantial accordance with the plans and
specifications. The Engineer's Report and Performance and Payment
bonds are on file with the City Clerk.
❖ Project Estimated Cost: $ 531,000.00
❖ Project Bid Received: $ 488,775.50
❖ Project Actual Cost: $ 489,355.76
ITEM 2d(3) TRAFFIC SAFETY FUNDS - AUTHORIZING APPLICATIONS FOR
13 -A50 TRAFFIC SAFETY IMPROVEMENT PROGRAM (TSIP) FUNDS BY THE
CITY OF IOWA CITY
Comment: This item authorizes staff to submit two applications to the
Iowa Department of Transportation's Traffic Safety Improvement Program
(TSIP). Both projects are included in the City's FY2012 -16 Capital
Improvement Plan (Projects #3840 and #3834). The resolution authorizes
staff to submit two grant requests up to $500,000 for improvements to the
Burlington /Clinton Street intersection and the Burlington /Madison St
median projects. If awarded grant funds, both projects will address
"development of the Downtown and near Downtown areas," an
established priority in the City's Strategic Plan.
ITEM 2d(4) JUNE DISBURSEMENTS — MOTION APPROVING DISBURSEMENTS
IN THE AMOUNT OF $30,035,961.95 FOR THE PERIOD OF JUNE 1
THROUGH JUNE 30, 2013, 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.
August 6, 2013 City of Iowa City Page 3
ITEM 2d(5) 100 BLOCK OF EAST WASHINGTON CONSULTANT AGREEMENT -
13-d5) AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONSULTANT AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND HDR ENGINEERING FOR A MASTER PLAN STUDY
OF THE 100 BLOCK OF EAST WASHINGTON.
Comment: This agreement will allow HDR Engineering to conduct a
master plan study of the 100 Block of East Washington Street. The City
will fund 38% of the project cost, with the remaining 62% funded by the
University, MidwestOne Bank, and Kresge Building LLC.
ITEM 2e. Setting Public Hearings:
ITEM 2e(1) UNIVER -CITY SALE, 416 SOUTH GOVERNOR - SETTING PUBLIC
l3 - a 5a- HEARING FOR AUGUST 20, 2013, ON A PROPOSAL TO CONVEY A
SINGLE FAMILY HOME LOCATED AT 416 SOUTH GOVERNOR
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 416 South Governor Street. The amount of the sale will be
$220,000 (this is what the City paid to purchase the home) plus the
"carrying costs," which are 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 2e(2) UNIVER -CITY SALE, 661 SOUTH GOVERNOR - SETTING PUBLIC
HEARING FOR AUGUST 20, 2013, ON A PROPOSAL TO CONVEY A
SINGLE FAMILY HOME LOCATED AT 661 SOUTH GOVERNOR
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 661 South Governor Street. The amount of the sale will be
$153,000 (this is what the City paid to purchase the home) plus the
"carrying costs," which are 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.
August 6, 2013 City of Iowa City Page 4
ITEM 2e(3) REZONING FIRST AND ROCHESTER — MOTION SETTING A PUBLIC
HEARING FOR AUGUST 20, ON AN ORDINANCE CONDITIONALLY
REZONING PROPERTY FROM LOW DENSITY MULTI - FAMILY (RM-
12) ZONE TO PLANNED DEVELOPMENT OVERLAY /LOW DENSITY
MULTI - FAMILY (OPD /RM -12) ZONE LOCATED ON FIRST AVENUE,
NORTH OF ROCHESTER AVENUE. (REZ13- 00004)
Comment: At its July 18th meeting, by a vote of 7 -0, the Planning and
Zoning Commission recommended approval of this rezoning with
conditions related to the engineering of the retaining wall, building design
and construction materials, and landscaping and screening. Approval will
allow the development of a multi - family building with 16 dwelling units.
ITEM 2e(4) USES ALLOWED IN THE INTENSIVE COMMERCIAL (CIA) ZONE —
MOTION SETTING A PUBLIC HEARING FOR AUGUST 20, ON AN
ORDINANCE AMENDING TITLE 14: ZONING TO BROADEN THE
USES ALLOWED IN THE INTENSIVE COMMERCIAL (CI -1) ZONE.
Comment: At its July 18 meeting, by a vote of 7 -0, the Planning and
Zoning Commission recommended approval of this zoning code
amendment. Approval will expand the types of uses allowed in the CI -1
zone to include a number of uses currently associated with the
Community Commercial (CC -2) zone.
ITEM 2e(5) STREET PAVEMENT WIDTH REQUIREMENTS FOR INSTITUTIONAL
USES — MOTION SETTING A PUBLIC HEARING FOR AUGUST 20, ON
AN ORDINANCE AMENDING TITLE 14: ZONING TO DELETE THE
SPECIFIC STREET WIDTH REQUIREMENT FOR DAYCARE USES,
GENERAL EDUCATIONAL FACILITIES, AND RELIGIOUS /PRIVATE
GROUP ASSEMBLY USES.
Comment: At its July 18 meeting, by a vote of 7 -0, the Planning and
Zoning Commission recommended approval of this zoning code
amendment. Approval will remove the minimum street pavement
requirement currently included as a special exception standard for
Daycare Centers, General Educational Facilities, and Religious /Private
Group Assembly uses.
August 6, 2013 City of Iowa City Page 5
ITEM 2e(6) NORMANDY DR E RESTORATION - SETTING A PUBLIC HEARING
ON AUGUST 20, 2013 ON PLANS, SPECIFICATIONS, FORM -60N-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRU N OF THE
NORMANDY DRIVE RESTORATION PROJECT PF lE II, DIRECTING
CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLA16E SAID PLANS ON FILE
FOR PUBLIC INSPECTION.
Comment: This project is being'un'dertaken to restore the Normandy
Drive "Mosquito Flats" area damaged by the 2008 flood. This phase of the
project will completet" landscaping of ormandy Drive and surrounding
area, construct a parking lot for the Ashton ouse, install a nature
playground in City Park adjacent to the area, i tall a connecting trail from
Rocky Shore Drive to Normandy Drive and remov it that will bring the
landscape back to its original topography. This project i dgeted as a
CIP #4178 for $409,000, and will be funded by GO Bonds.
ITEM 2e(7) CONVEYANCE OF PUBLIC R -O -W ALONG RUPPERT ROAD -
(3 --J 5j INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF
AUDITOR'S PARCEL 2013030 TO BFDJ HOLDINGS, L.L.C. AND
SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR AUGUST
20, 2013.
Comment: The adjacent property owner has requested that the City
convey via quit claim deed a sliver of land adjacent to City -owned right -of-
way along Ruppert Road in order to clear up a title objection and facilitate
redevelopment of the adjacent land for an Aldi's Grocery Store. Staff has
confirmed that the Auditor's Parcel in question serves no public purpose
and therefore recommends quit claiming the City's interest, if any, to the
adjacent property owner without compensation.
ITEM 2f Correspondence:
ITEM 2f(1) Mary Gilbert: Protest of Rezoning, N. First Avenue (REZ 13- 00004).
ITEM 2f(2) Marjorie Wilhite; Joy Eyman: The Gateway Project.
ITEM 2f(3) Acting Traffic Engineering Planner: Install (2) YIELD signs on Pinto Lane
at the intersection of Whispering Meadow Drive and install (2) YIELD
signs on Blazing Star Drive at the intersection of Pinto Lane.
ITEM 2f(4) Acting Traffic Engineering Planner: Install (2) YIELD signs on
Westminster Street at the intersection of Teton Circle.
ITEM 2f(5) Acting Traffic Engineering Planner: Install (1) STOP sign on Preston
Lane at the intersection of Camp Cardinal Boulevard and (1) YIELD
sign on Preston Lane at the intersection of Ryan Court.
�� ������;•� ;mot
END OF CONSENT CALENDAR.
Action:
ITEM 3. 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.
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��® I CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: August 6, Agenda Additions
CONSENT CALENDAR:
ITEM 2c(7) Outdoor Service Area for the Bandits, LLC, dba El Banditos, 327 E. Market St.
Corresporence:
._.._
ITEM 2f(6) Nancy Ostrogani: SEATS
ITEM 2f(7) Christopher Gilstrap: Move to Iowa City District A [Staff response included]
ITEM 10b APPROVING CONFIDENTIALITY AGREEMENT - FOR A SETTLEMENT
CONFERENCE REGARDING IMMINENT LITIGATION.
Comment: This Resolution will approve a proposed Confidentiality Agreement to facilitate a
settlement conference regarding a matter of imminent litigation. The matter will be discussed with
City Attorney staff in executive session scheduled for Tuesday, August 6t", 2013.
August 6, 2013 City of Iowa City Page 6
ITEM 4. 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 #4a, 4b, 4d only at the formal meeting).
ITEM 4a BILLION AUTO WETLAND AMENDMENT — CONDITIONALLY REZONING
7.13 ACRES OF PROPERTY LOCATED AT 2845 MORMON TREK BLVD IN
THE INTENSIVE COMMERCIAL (CI -1) ZONE. (REZ13- 00018) [Discussion
only at formal meeting]
Comment: At its July 18 meeting, by a vote of 7 -0, the Planning and Zoning
Commission recommend approval. Approval of this amendment will allow an
alternative wetland restoration technique that will not require removal of an
extensive amount of topsoil and therefore is less susceptible to erosion.
1. PUBLIC HEARING
Action:
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
• 1
I/
ITEM 4b OLDE TOWNE VILLAGE MIXED USE — CONDITIONALLY REZONING 1.12
ACRES OF PROPERTY FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO
MIXED USE (MU) ZONE LOCATED ON EASTBURY DRIVE NORTH OF
MIDDLEBURY ROAD. (REZ13- 00016) [Discussion only at formal meeting]
Comment: At its June 20 meeting, by a vote of 6 -0 (Dyer absent), the Planning
and Zoning Commission recommended approval of this rezoning subject to
conditions including general adherence with the submitted concept plan and
building design. Approval will allow the development of two mixed -use buildings.
1. PUBLIC HEARING
Action:
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
August 6, 2013 City of Iowa City Page 7
ITEM 4c ZONING CODE AMENDMENT — AMENDING TITLE 14: ZONING CODE TO
ALLOW THE BOARD OF ADJUSTMENT TO GRANT A SPECIAL EXCEPTION
FOR A NON - CONFORMING USE OR OTHER UNPERMITTED USE THAT HAS
BEEN IN EXISTENCE FOR OVER 25 YEARS TO BE REBUILT UNDER
CERTAIN CONDITIONS, EVEN IF IT IS DESTROYED OR DAMAGED TO
MORE THAN 75% OF ITS ASSESSED VALUE.
Comment: At its June 20 meeting, by a vote of 6- 0(Dyer absent), the Planning
and Zoning Commission recommended approval of this zoning code
amendment. Approval will allow Mike Hartley to apply for a special exception to
rebuild a dental lab at 1515 Jackson Avenue that was destroyed by fire.
1. PUBLIC HEARING
Action: ,J602
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
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ITEM 4d CHEZIK- BELL AUTO D ALERSHIP REZONING - CONDITIONALLY
REZONING 2.3 ACRES OF LAND LOCATED SOUTHEAST OF THE
13- �J 5'fD INTERSECTION OF HIGHWAY 1 AND SUNSET STREET IN THE INTENSIVE
COMMERCIAL (CI -1) ZONE. (REZ13- 00014) [Discussion only at formal
meeting] (SECOND CONSIDERATION)
Comment: At its June 6 meeting, by a vote of 6 -0 (Thomas absent), the Planning
and Zoning Commission recommended approval of this amendment to the
Conditional Zoning Agreement, subject to there being three varieties of trees and
larger landscaping beds in the two corners adjacent to Highway 1. Approval will
allow the setback to be reduced from 30 feet to 11 feet, but with enhanced
landscaping along the frontage of the property. 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.
Corresponclencq from applicant included the packet requesting expedited action.
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Action: -Pu;m /01 zcs&;-" XY pia
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ITEM 4e AMENDMENT TO ALLOW SCHOOLS IN THE CC -2 ZONL -AMENDING TITLE
14: ZONING CODE TO ALLOW SCHOOLS OF GENERALIZED INSTRUCTION
BY SPECIAL EXCEPTION IN THE COMMUNITY COMMERCIAL (CC -2) ZONE.
(SECOND CONSIDERATION)
Comment: At its June 6 meeting, by a vote of 6 -0 (Thomas absent), the Planning
and Zoning Commission recommended approval of this amendment to the
Zoning Code. Approval will allow schools of generalized instruction (primary and
secondary schools) in the CC -2 zone by special exception.
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: D C °- �::,.�
%Alla �, ,("�'
August 6, 2013 City of Iowa City Page 8
ITEM 4f AMENDMENT TO MODIFY AREA SPACING BETWEEN DRINKING
ESTABLISHMENTS - AMENDING TITLE 14: ZONING CODE TO MODIFY THE
REGULATIONS REGARDING THE SPACING OF DRINKING
ESTABLISHMENTS SO THAT THE 500 -FOOT SPACING RULE WOULD
ONLY APPLY TO THE UNIVERSITY IMPACT AREA AND THE RIVERFRONT
CROSSINGS DISTRICT. (SECOND CONSIDERATION)
Comment: At its June 6 meeting, by a vote of 2 -4 (Eastham, Dyer, Swygard and
Theobald voting no, Thomas absent), the Planning and Zoning Commission
recommended denial of this amendment to the zoning code to modify the 500 -
foot spacing requirement for drinking establishments.
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. A joint meeting between the Council
and the Commission was held on July 23.
Action:11� -(rx✓
ITEM 4g STONE BRIDGE ESTATES, PART 10— EXTENDING THE TERM OF THE
/3 -a55 APPROVED PRELIMINARY PLAT
Comment: On July 15, Arlington Development submitted a request for an
extension of the term for the preliminary plat for Stone Bridge Estates, Part 10.
The preliminary plat was approved in 2011 and is set to expire unless extended.
There have been no changes in the zoning or subdivision regulations that would
affect this subdivision and therefore staff recommends approval of the requested
extension. Correspondence included in Council packet. J�y,uri
Action:
ITEM 5 WILD PRAIRIE ESTATES PART FIVE OUTLOT — AMENDING THE
SUBDIVIDER'S AGREEMENT FOR WILD PRAIRIE ESTATES, PART FIVE,
AUTHORIZING THE CONVEYING OF AUDITOR'S PARCEL 2013038, AND
ACCEPTING THE DEDICATION OF A PORTION OF OUTLOT B, IN SAID
SUBDIVISION AS PUBLIC OPEN SPACE.
Comment: In 2004, Outlot B, a 5.41 acre parcel, was dedicated to the City in
conjunction with the platting of Wild Prairie Estates, Part Five. The Subdivider,
however, has remained in possession of the outlot. The Subdivider now wishes to
convey a .44 acre portion of said outlot to a private party to be combined with an
adjacent lot. Staff recommends approval of this conveyance, as this portion of the
outlot serves no public purpose and the conveyance will not impair the public purpose
of the remaining outlot. The dedication was required by the subdivider's agreement,
and therefore such agreement must be amended to allow for this reduction in the area
to be dedicated to and owned by the City.
a. PUBLIC HEARING
Action: Q0 fie.._
b. CONSIDER A RESOLUTION
Action: �('►� -�' � � c[�B�.c..� - - -_ � 6� -tic..°
August 6, 2013 City of Iowa City Page 9
ITEM 6. NORTH AIRPORT DEVELOPMENT SUBDIVISION PURCHASE AGREEMENT -
APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND GARY J. HARAPAT FOR LOT 9 OF THE NORTH AIRPORT DEVELOPMENT
SUBDIVISION AND AUTHORIZING CONVEYANCE IN ACCORDANCE
THEREWITH.
Comment: The North Airport Development Subdivision includes commercial lots,
which have been marketed for sale to the general public. The City has negotiated a
purchase agreement with Gary J. Harapat which requires City Council approval. The
purchase agreement provides that buyer will purchase Lot 9 for $228,500, the same
price per square foot as the most recent sales. At the July 18 Airport Commission
meeting, the Commission voted to recommend that the Council approve the
purchase. Draft minutes are included in the Council packet.
a. PUBLIC HEARING
4 zz
a5 7 b. CONSIDER A RESOLUTION
Action:
ITEM 7. SOLID WASTE COLLECTION FEES - AMENDING TITLE 3, ENTITLED
"FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF
FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 5
ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR
CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES.
Comment: This proposed ordinance will increase solid waste collection fees for yard
waste, bulky items, compost, mulch, electronic waste, garbage stickers and tires.
These fee increases are necessary due to annual increases in operational costs and
were previously approved with the FY2014 adopted budget. The fees for garbage
stickers and tires were not specifically identified in the proposed budget document.
The last solid waste fee increase was effective October 1, 2010. This fee increase
will be effective October 1, 2013 for everything except yard waste stickers, which will
be effective April 1, 2014.
a. PUBLIC HEARING
Action: ,Pi►
b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: )VlL ) / e- U/
�/a
August 6, 2013 City of Iowa City Page 10
ITEM 8. TICKET SALES IN TRADITIONAL THEATER SEATING - AMENDING TITLE 4,
ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION B, TO MODIFY THE CALCULATION OF
TICKET SALES FOR EXCEPTION CERTIFICATE PURPOSES. (SECOND
CONSIDERATION)
ITEM 9
l3- ,Its R
Comment: Under the current ordinance, ticket sales for theater performances on
stage are counted as non - alcohol sales for exception certificate purposes. Ticket
sales for viewing films at a movie theater would be counted as alcohol sales,
because they are not performed "on stage." The owners of FilmScene have
approached the City to address this issue. This ordinance provides that ticket sales
at a movie theater will not be considered an alcohol sale as long as the patrons are
seated in "traditional theater seating."
Action: z Nyu,c ,Aze,
BAR ENTRY BALLOT QUESTION - AUTHORIZING AND DIRECTING THE
JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF WHETHER TO
REPEAL ORDINANCE NO. 10 -4388, WHICH AMENDED THE BAR ENTRY AGE
FROM NINETEEN (19) YEARS OF AGE TO THE "LEGAL AGE ", WHICH IS
CURRENTLY TWENTY -ONE (21) YEARS OF AGE, BEFORE THE QUALIFIED
ELECTORS OF THE CITY OF IOWA CITY, IOWA AT THE REGULAR CITY
ELECTION ON NOVEMBER 5, 2013.
Comment: The referendum petition seeking to repeal the ordinance which changed the
bar entry age from nineteen (19) to the "legal age" (currently 21) has been certified as
having the requisite number of signatures. The City Charter requires Council to either
repeal the ordinance or place it on the ballot. In accordance with Council's direction at
its work session on July 23, this resolution states that Council declines to repeal the
ordinance and sends the measure to the Johnson County Auditor for placement on the
November 5, 2013 ballot. -Ie� _01a�
Action
ITEM 10. SUPPORT OF CURRENT BAR ENTRY ORDINANCE -IN SUPPORT OF THE
CURRENT BAR -ENTRY AGE OF TWENTY -ONE (21) AFTER 10:00 P.M. AND
AGAINST - ITS REPEAL
Comment: As explicitly allowed by Iowa Code Section 68A.505, and in accordance
with the direction of Council at its July 23rd work session, this resolution expresses the
Council's et+s support of the ordinance establishing the legal drinking age
(currently 21) as the bar entry age after 10:00 p.m.
o b Action:
ITEM 11. COUNCIL APPOINTMENTS. Applicants MUST reside
years of age unless specific qualifications are stated.
in Iowa City and be 18
ITEM 11a Board of Adjustment — One vacancy to fill an unexpired term, effective
upon appointment, ending January 1, 2015. (Will Jennings resigned).
Nu'' I `'?P ction:
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� CITY OF IOWA CITY
�•mp w-w ®�, MEMORANDUM
�
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: August 6, Agenda Additions
CONSENT CALENDAR:
ITEM 2c(7) Outdoor Service Area for the Bandits, LLC, dba El Banditos, 327 E. Market St.
Correspondence:
ITEM 2f(6) Nancy Ostrogani: SEATS
ITEM 2f(7) Christopher Gilstrap: Move to Iowa City District A [Staff response included]
ITEM 10b APPROVING CONFIDENTIALITY AGREEMENT - FOR A SETTLEMENT
J3. abb CONFERENCE REGARDING IMMINENT LITIGATION.
Comment: This Resolution will approve a proposed Confidentiality Agreement to facilitate a
settlement conference regarding a matter of imminent litigation. The matter will be discussed with
City Attorney staff in executive session scheduled for Tuesday, August 6th, 2013.
August 6, 2013 City of Iowa City Page 11
ITEM 12. 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 12a Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term
January 1, 2012 - December 31, 2016. (New full term).
ITEM 12b Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term
January 1, 2009 - December 31, 2013. (Term expires for Dennis Keitel).
ITEM 12c 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 12d Police Citizens Review Board — One vacancy to fill a four -year term
September 1, 2013 — September 1, 2017. (Term expires for Kingsley
Botchway II).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, AUGUST 14, 2013.
ITEM 12e Public Art Advisory Committee — Two vacancies to fill an unexpired term,
effective upon appointment, ending January 1, 2015 and an unexpired
term term plus a three -year term, effective upon appointment, ending
January 1, 2017. (Melissa Mitchell and Susie Thurmond resigned).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, AUGUST 28, 2013.
New:
ITEM 12f Historic Preservation Commission — One vacancy, for a Northside District
representative to an unexpired term, effective upon appointment, ending
March 29, 2014. (Dana Thomann resigned). Correspondence included in
Council packet.
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, SEPTEMBER 11, 2013.
ITEM 13. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 14. CITY COUNCIL INFORMATION.
August 6, 2013 City of Iowa City Page 12
ITEM 15. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager.
b) City Attorney.
c) City Clerk.
ITEM 16. ADJOURN (to work session if necessary).
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