HomeMy WebLinkAbout2014-05-20 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
~a Iowa City
City Council Agenda
Regular Formal
May 20, 2014 - 7:00 p.m.
City Hall — Harvat Hall
410 E. Washington Street
www.icgov.org
ITEM 1. CALL TO ORDER.
ITEM 1 a Roll Call
ITEM 2. STUDENT CITIZENSHIP AWARDS — Longfellow Elementary
ITEM 2a Mya Kahle
ITEM 2b Zoe Meaney
ITEM 2c Andre Miller
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CITY OF IOWA CITY
ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
ITEM 3a. Approval of Council Actions, subject to corrections, as recommended by
the City Clerk:
ITEM 3a(1) May 6 Work Session
ITEM 3a(2) May 6 Regular Formal Official & Complete
ITEM 3b. Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
ITEM 3b(1) Airport Zoning Commission — April 7
ITEM 3b(2) Airport Zoning Commission — April 15
ITEM 3b(3) Airport Zoning Commission — April 24
ITEM 3b(4) Charter Review Commission — April 22
ITEM 3b(5) Citizens Police Review Board — April 21
ITEM 3b(6) Parks and Recreation — March 12
ITEM 3c. Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal
ITEM 3c(1) Class B Beer Permit for Pit Smokehouse LLC., The dba Pit Smokehouse
LLC., The, 130 N. Dubuque St.
ITEM 3c(2) Class E Liquor License for Iowa CVS Pharmacy, LLC., dba
CVS /Pharmacy #8547, 2425 Muscatine Ave.
ITEM 3c(3) Class C Liquor License for Linn Street Cafe, Inc., dba Linn Street Cafe,
Inc., 121 N. Linn St.
ITEM 3c(4) Class C Beer Permit for Suburban Investors, dba Suburban Amoco,
370 Scott Court
ITEM 3c(5) Class E Liquor License for The Outlet, Inc. dba Smokin' Joe's
Tobacco and Liquor Outlet #18, 1901 Broadway St.
ITEM 3c(6) Class C Liquor License for Kwik Trip Inc., dba Tobacco Outlet Plus #537,
923 S. Riverside Dr.
ITEM 3c(7) Class C Liquor License for 1440 LLC., dba Eden Lounge, 217 Iowa Ave.
May 20, 2014
ILI I"
City of Iowa City Page 2
ITEM 3c(8) Refund an unused portion of a Special Class C Liquor License for Little
Donkeys, Inc., dba Panchero's Mexican Grill, 32 S. Clinton St.
ITEM 3c(9) Refund an unused portion of a Special Class C Liquor License for
Freshmex Iowa City, LLC., dba Panchero's Mexican Grill, 965 S.
Riverside Dr.
New
ITEM 3c(10) Class E Liquor License for New Pioneer Cooperative Society, dba
New Pioneer Food Co -op, 22 S. Van Buren St.
ITEM 3d. Resolutions and Motions:
ITEM 3d(1) PROCUREMENT OF POLICE VEHICLES - RESOLUTION
AUTHORIZING THE PROCUREMENT OF EIGHT POLICE PATROL
VEHICLES
Comment: This Resolution will approve the procurement of eight new
police patrol vehicles. The procurement is in accordance with the State of
Iowa purchasing contract #45 -6814 Group E awarded to Charles Gabus
Ford of Des Moines. The purchase will be for $220,518.96, which exceeds
the $150,000.00 spending authority of the City Manager, and so requires
Council approval. The number of Police Patrol vehicles to be replaced is
predicted early in the fiscal year and purchased at one time.
ITEM 3d(2) UISG ALTERNATE APPOINTMENT— MOTION APPROVING THE
APPOINTMENT OF NICOLE NEAL AS THE CITY COUNCIL
ALTERNATE LIAISON FROM THE UNIVERSITY OF IOWA STUDENT
GOVERNMENT (UISG) TO THE CITY COUNCIL UNTIL MAY 1, 2015.
Comment: This motion affirms the appointment of Nicole Neal as the City
Council Alternate Liaison for 2014 -2015. Email from UISG Vice - President
included in Council packet.
ITEM 3d(3) POSITIONS IN CITY ATTORNEY'S OFFICE - RESOLUTION
AMENDING THE BUDGETED POSITIONS IN THE CITY ATTORNEY'S
OFFICE AND APPROVING THE FULL TIME SALARY FOR THE CITY
ATTORNEY.
Comment: Currently, the budgeted positions in the City Attorney's office
include a .6 FTE City Attorney and 2.00 FTE Assistant City Attorneys.
There is a vacancy in the office. For purposes of succession planning the
City Attorney recommends that the budgeted positions be changed to 1.0
FTE City Attorney and 1.5 FTE Assistant City Attorneys. The change will
return the staffing level in the office to that which existed in 2000 prior to the
decrease in the City Attorney FTE from 1 to .6. The change will not result
in an increase to the City Attorney's budget.
ITEM 3d(4) GENERAL OBLIGATION BONDS REDEMPTION 2006A -
RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING
GENERAL OBLIGATION BONDS, SERIES 2006A, OF THE CITY OF
IOWA CITY, STATE OF IOWA, DATED JUNE 29, 2006, AND
DIRECTING NOTICE BE GIVEN.
) q ` �J^1 Comment: See Bond Redemption memo in Council packet.
May 20, 2014
City of Iowa City Page 3
ITEM 3d(5) GENERAL OBLIGATION BONDS REDEMPTION 2006B -
RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING
GENERAL OBLIGATION BONDS, TAXABLE SERIES 2006B, OF THE
CITY OF IOWA CITY, STATE OF IOWA, DATED JUNE 29, 2006, AND
DIRECTING NOTICE BE GIVEN.
`A - �� Comment: See Bond Redemption memo in Council packet.
ITEM 3d(6) GENERAL OBLIGATION BONDS REDEMPTION 2006C -
RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING
GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES,
SERIES 2006C, OF THE CITY OF IOWA CITY, STATE OF IOWA,
DATED SEPTEMBER 15, 2006, AND DIRECTING NOTICE BE GIVEN.
J Ll - I -�)Cj Comment: See Bond Redemption memo in Council packet.
ITEM 3d(7) GENERAL OBLIGATION BONDS REDEMPTION 2005A -
RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING
GENERAL OBLIGATION BONDS, SERIES 2005A, OF THE CITY OF
IOWA CITY, STATE OF IOWA, DATED MARCH 29, 2005, AND
DIRECTING NOTICE BE GIVEN.
14 I t Comment: See Bond Redemption memo in Council packet.
14 - -141
ITEM 3d(8) GENERAL OBLIGATION BONDS REDEMPTION 2007A -
RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING
GENERAL OBLIGATION BONDS, SERIES 2007A, OF THE CITY OF
IOWA CITY, STATE OF IOWA, DATED MAY 31, 2007, AND
DIRECTING NOTICE BE GIVEN.
Comment: See Bond Redemption memo in Council packet.
ITEM 3d(9) AUDIT SERVICES FY2014 - RESOLUTION AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR AUDIT SERVICES FOR THE FISCAL YEAR 2014 CITY OF IOWA
CITY FINANCIAL STATEMENTS.
f4- 1 `- Z Comment: Professional service contracts over $50,000 require approval
by City Council. The FY2014 Eide Bailly contract for audit services is not
to exceed $61,150. The contract does allow for the auditors to bill $2,625
for each major program in excess of that amount, if we have more than 3
major federal programs that need audit. In FY2013 the Eide Bailly audit
fees totaled $66,000 and included 6 major federal programs that required
auditing. We believe Eide Bailly's fee request is reasonable and
recommend that the City Council approve the contract for audit services.
May 20, 2014 City of Iowa City Page 4
ITEM 3d(10) RENTAL AND LAUNDERING SERVICES - RESOLUTION
AUTHORIZING THE PROCUREMENT OF UNIFORM AND TOWEL
RENTAL AND LAUNDERING SERVICES.
�i I T5 Comment: This resolution will approve the procurement of Uniform and
Towel Rental and Laundering Services from Phelps Uniform for the
Uniforms and from GK Services for the towels. The contracts will be for
three years, with an option to renew for an additional three years. Five
proposals were received using the formal request for proposal process.
During the initial 3 year contract period this purchase will exceed the
$150,000 spending authority of the City Manager, thereby requiring Council
approval. Over the course of this 3 -year contract, we expect to expend
approximately $400,000 - $450,000, based on anticipated usage.
ITEM 3d(11) 2013 SEWER REPAIR - RESOLUTION ACCEPTING THE WORK FOR
THE 2013 SEWER REPAIR PROJECT.
Comment: The project has been completed by Lynch's Excavating, Inc.
of West Branch, 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: $ 46,250.00
❖ Project Bid Received: $ 79,336.00
❖ Project Actual Cost: $ 150,047.32
Seven additional repair sites were identified after the project was
awarded. These sites were added as change orders to the contract. The
additional sites are identified in the Engineer's Report.
ITEM 3d(12) IOWA RIVER BANK REPAIR PROJECT 2014 - RESOLUTION
ACCEPTING THE WORK FOR THE IOWA RIVER BANK REPAIR
PROJECT 2014.
Comment: The project has been completed by Neuzil and Sons, Inc. of
Iowa City, 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: $ 47,000.00
❖ Project Bid Received: $ 25,701.25
❖ Project Actual Cost: $ 18,996.77
ITEM 3d(13) 2013 SUMMER SIDEWALK REPAIR -RESOLUTION ACCEPTING THE
WORK FOR THE 2013 SUMMER SIDEWALK REPAIR PROJECT.
Comment: The project has been completed by JDM Concrete, LLC of
Kalona, 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: $ 30,254.81
❖ Project Bid Received: $ 32,856.00
❖ Project Actual Cost: $ 45,000.00
May 20, 2014 City of Iowa City Page 5
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ITEM 3d(14) ACCEPTING TOBACCO PENALTY, CLUB CAR -ACCEPTING USE OF
AN AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY THE
CLUB CAR, PURSUANT TO IOWA CODE SECTION 453A.22(3) (2013)
Comment: This resolution accepts the use of an affirmative defense to a
tobacco civil penalty, described in Iowa Code section 453A.22(3), by The
Club Car, 114 Wright Street. Without the affirmative defense, Section
453A.22(2) would have provided that, after a hearing, a civil penalty be
assessed because an employee of The Club Car violated Section
453A.2(1) by selling or providing tobacco to a minor.
ITEM 3d(15) ACCEPTING TOBACCO PENALTY, JOHN'S GROCERY-
RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING AND
PAYMENT OF A $300 CIVIL PENALTY FROM JOHN'S GROCERY,
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013)
y Comment: This resolution accepts a waiver of right to hearing and
payment of a $300 civil penalty by John's Grocery. The civil penalty is
required by Iowa Code Section 453A.22(2) due to an employee selling or
providing tobacco to a minor.
ITEM 3d(16) ACCEPTING TOBACCO PENALTY, RJ'Z EXPRESS - RESOLUTION
ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT OF
A $1500 CIVIL PENALTY FROM RJ'Z EXPRESS, PURSUANT TO
IOWA CODE SECTION 453A.22(2) (2013).
L4 Comment: This Resolution accepts a waiver of right to hearing and
payment of a $1500 civil penalty by RTZ Express. The civil penalty is
required by Iowa Code Section 453A.22(2) due to the second instance of
an employee selling or providing tobacco to a minor within a two -year
period.
ITEM 3d(17) JUSTICE ASSISTANCE GRANT - RESOLUTION AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND
ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS.
Comment: The Iowa City Police Department, in partnership with the
Johnson County Sheriff's Office, is making application for the 2014 Edward
Byrne Memorial Justice Assistance Grant (JAG) program administered by
the U.S. Department of Justice. The Departments were notified that they
were eligible for a total of $25,790.00. In accordance with past practice
and the application process, the parties have agreed to split the award
52% for Iowa City ($13,411) and 48% to Johnson County ($12,379), and
that the City of Iowa City will take responsibility for the application and
management of this grant under the terms of the interlocal agreement.
May 20, 2014
City of Iowa City Page 6
ITEM 3d(18) ANIMAL CARE AND ADOPTION CENTER 2014 - RESOLUTION
AMENDING PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF THE ANIMAL CARE AND ADOPTION CENTER
2014 PROJECT, FIXING TIME AND PLACE FOR RECEIPT OF BIDS
AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS.
Comment: Staff has become aware of a conflict with the bid opening date
for the Animal Care and Adoption Center Project with another major local
public project. In order to receive favorable bids, it is recommend that the
bid date be changed. . Staff is recommending bids to be opened a week
later at 2:30 p.m. on June 5, 2014. The estimated cost of construction for
the project is $2.7 million and will be funded from FEMA, State, GO
Bonds, other governments and contribution, in account # Y4422.
ITEM 3e. Setting Public Hearings:
ITEM 3e(1) ANNEXATION HERBERT HOOVER IGHWAY\ MOTION SETTING A
PUBLIC HEARING FOR JUNE 3 ON RESOLUTION TO ANNEX 39.96
ACRES OF LAND LOCATED AT 4701 ERBERT HOOVER HIGHWAY.
(ANN14- 00001)
Comment: At its May 1 meeting, by a vote of 6 -1 (Martin voting No), the
Planning and Zoning Commission recommended approval of an
annexation and a conditional rezoning of the property.
ITEM 3e(2) REZONING,," HOOVER HIGHWAY — MOTION SETTING A
PUBLIC HlE %RING FOR JUNE 3 ON AN ORDINANCE
CONDITIONAREZONING 39.96 ACRES OF LAND FROM COUNTY
RESIDENTIAL ) ZONE TO INTERIM DEVELOPMENT SINGLE-
FAMILY (ID -RS) ZONE LOCATED AT 4701 HERBERT HOOVER
HIGHWAY. (REZ14- 00002)
Comment: At its May 1 meeting, by a vote of 6 -1 (Martin voting No), the
Planning and Zoning Commission recommended approval of this
rezoning subject to a Conditional Zoning Agreement requiring that the
developer provide at least a temporary pedestrian access route to the city
sidewalk system at the time of development.
ITEM 3e(3) REZONING (AIRPORT) - MOTION SETTING A PUBLIC HEARING FOR
JUNE 3, 2014 ON A REZONING ORDINANCE AMENDING TITLE 14,
ENTITLED "ZONING," CHAPTER 6, ENTITLED, "AIRPORT ZONING,"
TO PROVIDE THAT A STRUCTURE MAY PENETRATE THE
HORIZONTAL OVERLAY ZONE UNDER CERTAIN CONDITIONS.
Comment: By a vote of 5 -0, the Airport Zoning Commission recommends
approval of this ordinance. Presently, the City Code provides that a
structure may only penetrate the horizontal overlay zone (HO) by special
exception. The HO zone is an imaginary circular plane 150 feet above the
ground measuring approximately 10,000 feet in diameter with the center
of the circle being the airport. The proposed rezoning would allow
penetration of the HO if acceptable to the FAA and if airport operations
are not affected.
� r i
CITY OF IOWA C 1 TY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: Mav Benda revisions
ITEM 3e(1) (Revised) ANNEXATION HERBERT HOOVER HIGHWAY MOTION SETTING A PUBLIC
HEARING FOR JUNE 17 ON A RESOLUTION TO ANNEX 39.96 ACRES OF LAND
LOCATED AT 4701 HERBERT HOOVER HIGHWAY. (ANN14- 00001)
ITEM 3e(2) (Revised) REZONING HERBERT HOOVER HIGHWAY MOTION SETTING A PUBLIC
HEARING FOR JUNE 17 ON AN ORDINANCE CONDITIONALLY REZONING 39.96
ACRES OF LAND FROM COUNTY RESIDENTIAL (R) ZONE TO INTERIM
DEVELOPMENT SINGLE - FAMILY (ID -RS) ZONE LOCATED AT 4701 HERBERT
HOOVER HIGHWAY. (REZ14- 00002)
Regular Agenda
ITEM 8 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
AND PAYMENT OF A $300 CIVIL PENALTY FROM CVS PHARMACY, PURSUANT TO
IOWA CODE SECTION 453A.22(2) (2013)
Comment: This Resolution accepts a waiver of right to hearing and payment of a $300 civil
penalty by CVS Pharmacy. The civil penalty is required by Iowa Code Section 453A.22(2) due
to an employee selling or providing tobacco to a minor.
ITEM 12 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
AND PAYMENT OF A $1500 CIVIL PENALTY FROM THE DEN, PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2013)
Comment: This Resolution accepts a waiver of right to hearing and payment of a $1500 civil
penalty by The Den. The civil penalty is required by Iowa Code Section 453A.22(2) due to the
second instance of an employee selling or providing tobacco to a minor within a two -year period.
ITEM 13 (Revised) RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE
DEFENSE TO TOBACCO CIVIL PENALTY BY GASBY'S
Comment: Gasby's has chosen to use the affirmative defense available once every four years
because the employee charged holds a valid certificate of completion of the tobacco compliance
employee training program.
May 20, 2014 City of Iowa City Page 7
ITEM 3f. Coi
ITEM 3f(1)
ITEM 3f(2)
ITEM 3f(3)
ITEM 3f(4)
respondence:
Brian Flanagan:
Lorie Schweer:
Foster Road
William Coleman
Michele McAtee
attached]
ITEM 3f(5) John Kevin McMillan: FIVE City of Austin departments consulting an
attorney re: me
ITEM 3f(6) Charlotte Walker: Decision to remove senior meals from the Senior
Center [Staff response included]
ITEM 3f(7) City Engr: Competitive Quotation Results
Economic Development [Staff response included]
Emergency Exit Peninsula Neighborhood; Raising of
Your vote to raise speed limit to 35 MPH on LWBR
Diversity Policy ICCSD, CIC [Supt. response
END OF CONSENT CALENDAR.
Action:
ITEM 4. 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.
in
ITEM 5. PLANNING AND ZONING MATTERS. (In accordance with he City Attorney's
memo of 2/28/07 entitled "Rezonings, Due Process and Ex pa communications ".
Council will discuss # 5a at formal meeting)
ITEM 5a REZONING ( GOOSETOWN / HORACE MANN) — ORDINANCE TO
DESIGNATE THE GOOSETOWN / HORACE MANN CONSERVATION
DISTRICT AS A CONSERVATION DISTRICT OVERLAY (OCD) ZONE.
(REZ -14- 00004)
Comment: At its April 17 meeting, by a vote of 6 -0 (Thomas abstaining),
the Planning and Zoning Commission recommended approval of this
rezoning. Approval will create a Conservation Overlay District for
properties generally located on Ronalds, Church, Fairchild and Davenport
streets from east of Linn Street to Governor Street including properties on
Gilbert, Van Buren, Johnson, Dodge, Lucas and Governor streets, and
properties generally located on Bloomington, Market, and Jefferson streets
between Dodge and Governor streets including properties on Dodge,
Lucas and Governor streets. If the Conservation District is approved, any
significant alterations to the exterior of existing buildings and any
demolition and new construction within the district will require Historic
Preservation Commission approval.
1. PUBLIC HEARING
Action:
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)'
Action: ` c
May 20, 2014
City of Iowa City Page 8
ITEM 5b COMPREHENSIVE PLAN AMENDMENT (AFFORDABLE HOUSING IN
DOWNTOWN AND RIVERFRONT CROSSINGS) — APPROVING AN
AMENDMENT TO THE COMPREHENSIVE PLAN — DOWNTOWN AND
RIVERFRONT CROSSINGS MASTER PLAN TO INCLUDE A SECTION
ON AFFORDABLE HOUSING.
Comment: At its April 17 meeting, by a vote of 7 -0, the Planning and
Zoning Commission recommended approval of an amendment to the
Downtown and Riverfront Crossing Master Plan to include a policy
regarding affordable housing. Approval would add the following
paragraph to page 116, which outlines steps to implement the plan.
"Affordable Housing: The Study Area provides opportunity for a mix of
housing attractive to people of a variety of ages and income levels. As
plans for the area move forward, the City shall consider development
incentives (such as density bonuses) and policies that require affordable
housing for City- assisted projects within the district."
1. PUBLIC HEARING
Action: •� `
2. CONSIDER AN RE LUTION
Action:
ITEM 5c RIVERFRONT CROSSINGS FORM BASED CODE — ORDINANCE
AMENDING TITLE 14: ZONING, ADDING ARTICLE 14 -2G,
RIVERFRONT CROSSINGS FORM -BASED DEVELOPMENT
STANDARDS, AND AMENDING OTHER ASSOCIATED PARTS OF
TITLE 14 TO INTEGRATE THE FORM BASED CODE. (SECOND
CONSIDERATION)
Comment: At its February 20 meeting, by a vote of 6 -1 (Thomas voting
"no "), the Planning and Zoning Commission recommended approval of
the Riverfront Crossings Form Based Development Standards and other
associated amendments to the zoning code that are necessary to
integrate the form -based code into the larger zoning code, including
eliminating the Near Southside Parking Facility fee district in order to
establish a more cohesive set of parking policies for Downtown and
Riverfront Crossings.
Action:
May 20, 2014 City of Iowa City Page 9
ITEM 5d AMENDMENTS TO SIGN ORDINANCE - ORDINANCE AMENDING
TITLE 14: ZONING, TO BROADEN THE STOREFRONT SIGNAGE
TYPES AND SIZES ALLOWED IN COMMERCIAL ZONES AND TO
REGULATE TEMPORARY WINDOW SIGNS. (SECOND
CONSIDERATION)
Comment: At its March 20 meeting, by a vote of 6 -0, the Planning and
Zoning Commission recommended approval of these zoning code
amendments. Approval will change the standards for projecting signs and
allow them in all commercial zones; allow canopy roof signs in all
commercial zones; address the size and number of storefront signs
allowed per storefront; and clarify definitions and regulate temporary
window signs and the placement of permanent window signs in required
storefront windows.
Action: Q ``-� \, , O �v 6�
ITEM 5e AMENDMENTS TO REGULATIONS FOR ACCESSORY USES -
ORDINANCE AMENDING TITLE 14: ZONING, ARTICLE 4C,
ACCESSORY USES AND BUILDINGS, TO ADDRESS DIFFERENCES
IN THE REGULATION OF ACCESSORY USES IN THE RIVERFRONT
CROSSINGS ZONES AND AMENDING THE SPECIAL EXCEPTION
CRITERIA FOR DRIVE- THROUGHS ". (SECOND CONSIDERATION)
Comment: At its April 3 meeting, by a vote of 6 -0, the Planning and
Zoning Commission recommended approval of these zoning code
amendments. Approval will clarify, cross - reference, and address
differences in the regulation of uncovered decks and patios, fences, walls,
and hedges, and drive - through facilities in the Riverfront Crossings
Zones.
Action:
ITEM 6. UNIVERCITY SALE - 324 NORTH LUCAS. RESOLUTION AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 324 NORTH LUCAS
STREET.
Comment: In the UniverCity Neighborhood Partnership Program, the City purchases
rental units located in designated neighborhoods surrounding the University,
I� rehabilitates them, and then sells them to income - eligible buyers. Under the
UniverCity Neighborhood Partnership Program, the City proposes to sell 324 North
Lucas Street. The amount of the sale will be $152,000 (this is what the City paid to
purchase the home) plus "carrying costs" of approximately $12,300. "Carrying costs"
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 $50,000 to
repair and rehabilitate the home.
a. PUBLIC HEARI�l�,
Action:, ) \."
b. CONSIDER A RESOLUTI 1
Action: ` l
May 20, 2014 City of Iowa City Page 10
ITEM 7. CONVEYANCE AT 1821 B STREET - AUTHORIZING CONVEYANCE OF A
SINGLE FAMILY HOME LOCATED AT 1821 B STREET.
Comment: The Iowa City Housing Authority proposes to sell 1821 B Street to Logsden
Properties, LLC. The amount of the sale is $215,500. The City constructed 1821 B
_) �3 Street, a universally designed single family home, in 2002 and sold the home to two
persons with physical disabilities. On August 1, 2013, the City purchased the home
back due to one of the owners being unable to continue to live independently. City staff
negotiated a purchase agreement with Logsden Properties, LLC, who intends to lease
the property to persons with disabilities.
a. PUBLIC HEART _ G
Action:
b. CONSIDER A RESOLUTION
Action:
ITEM 8. CIVIL PENALTY, CVS PHARMACY - ASSESSIN6- A)$300.00 CIVIL PENAL IY
AGAINST CVS PHARMACY, PURSUANT TO IOWA CODE SECTION 453A.22(2)
(2013) \
Comment: Iowa Code Section 453A.22(2) provides that, after a heearing, a civil
�> penalty shall be assessed when an employee of a retailer violates Iowa Code
Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider wheth r to assess such a civil\ enalty against
CVS Pharmacy, 2425 Muscatine Avenue. Th civil penalty for a first �olation within
a two -year period is $3000.
a. CONDUCT HEAR
Action:
b. CONSIDER A RESOLUTION
S�
Action: �� \ �� c�.►,�
ITEM 9. CIVIL PENALTY, HAPPY DAZE - ASSESSING A $300.00 CIVIL PENALTY
AGAINST HAPPY DAZE, PURSUANT TO IOWA CODE SECTION 453A.22(2)
(2013)
Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil
penalty shall be assessed when an employee of a retailer violates Iowa Code
Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
Happy Daze, 361 E. College Street. The civil penalty for a first violation within a two -
year period is $300.00
a. CONDUCT HEARING
Action:
b. CONSIDER A RESOLUTION
Action:
I r j
CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: May 20, Agenda revisions
Consent Calendar:
ITEM 3e(1) (Revised) ANNEXATION HERBERT HOOVER HIGHWAY MOTION SETTING A PUBLIC
HEARING FOR JUNE 17 ON A RESOLUTION TO ANNEX 39.96 ACRES OF LAND
LOCATED AT 4701 HERBERT HOOVER HIGHWAY. (ANN14- 00001)
ITEM 3e(2) (Revised) REZONING HERBERT HOOVER HIGHWAY MOTION SETTING A PUBLIC
HEARING FOR JUNE 17 ON AN ORDINANCE CONDITIONALLY REZONING 39.96
ACRES OF LAND FROM COUNTY RESIDENTIAL (R) ZONE TO INTERIM
DEVELOPMENT SINGLE- FAMILY (ID -RS) ZONE LOCATED AT 4701 HERBERT
HOOVER HIGHWAY. (REZ14- 00002)
Regular Agenda
ITEM 8 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
AND PAYMENT OF A $300 CIVIL PENALTY FROM CVS PHARMACY, PURSUANT TO
IOWA CODE SECTION 453A.22(2) (2013)
514 Comment: This Resolution accepts a waiver of right to hearing and payment of a $300 civil
penalty by CVS Pharmacy. The civil penalty is required by Iowa Code Section 453A.22(2) due
to an employee selling or providing tobacco to a minor.
ITEM 12 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
AND PAYMENT OF A $1500 CIVIL PENALTY FROM THE DEN, PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2013)
Comment: This Resolution accepts a waiver of right to hearing and payment of a $1500 civil
penalty by The Den. The civil penalty is required by Iowa Code Section 453A.22(2) due to the
second instance of an employee selling or providing tobacco to a minor within a two -year period.
ITEM 13 (Revised) RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE
DEFENSE TO TOBACCO CIVIL PENALTY BY GASBY'S
Comment: Gasby's has chosen to use the affirmative defense available once every four years
because the employee charged holds a valid certificate of completion of the tobacco compliance
employee training program.
May 20, 2014 City of Iowa City Page 11
ITEM 10. CIVIL PENALTY, NORTH DODGE SINCLAIR -ASSESSING A$300.00 CIVIL
PENALTY AGAINST NORTH DODGE SINCLAIR, PURSUANT TO IOWA CODE
SECTION 453A.22(2) (2013)
' L4 _ ) 5(p Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil
penalty shall be assessed when an employee of a retailer violates Iowa Code
Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
North Dodge Sinclair, 2153 ACT Circle. The civil penalty for a first violation within a
two -year period is $300.00.
a. CONDUCT HEARING
Action:
b. CONSIDER A RESOLUTION b w0.�
Action: �•c��e.� -, Co�,�a��
ITEM 11. CIVIL PENALTY, NORTH DODGE SINCLAIR -ASSESSING A CIVIL PENALTY" y
OF EITHER $1500.00 OR A THIRTY DAY PERMIT SUSPENSION AGAINST
NORTH DODGE SINCLAIR, PURSUANT TO IOWA CODE SECTION 453A.22(2)
(2013)
Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil
penalty shall be assessed when an employee of a retailer violates Iowa Code
Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
North Dodge Sinclair, 2153 ACT Circle. The civil penalty for a second violation
within a two -year period is either $1500.00 or a thirty day permit suspension, at the
retailer's option.
a. CONDUCT HEARING
Action:
b. CONSIDER A RESOLUTION
Action:
May 20, 2014 City of Iowa City Page 12
ITEM 12. CIVIL P
$1500.0
PURSU
NALTY, THE DEN - ASSESSING A CIVIL PE
OR A THIRTY DAY PERMIT SUSPENSION A\
kT TO IOWA CODE SEC ION 453A.22(2) (20
ALTY OF EITHER
3AINST THE DEN,
Comment: 1 a Code Section 453A.2 2) provides that, aft r a hearing, a civil
penalty shall b assessed when an emp yee of a retailer viol tes Iowa Code
Section 453A.2( by selling or providing t bacco to a minor. is hearing is the time
designated for the Council to consider whet er to assess such civil penalty against
The Den, 123 E. shigto Street. The civ penalty for a seco violation within a
two -year period is ei\nn
.00 or a thirty d permit suspensio at the retailer's
option.
a. CONDUCG
Action:
b. CONSIDER A RESOLUTION
Action:
ITEM 13. CIVIL PENALTY, GASBY'S -
$1500.00 OR A THIRTY DAY
PURSMANT TO IOWA CODE S
SESSING A CIVIL ENALTY OF EITHER
RMIT SUSPENSIO AGAINST GASBY'S,
ACTION 453A.22(2) ( 13)
IS
Comment. Iowa Code Section 453 22(2) provides that,
penalty sha be assessed when an a ployee of a retailer
Section 453A. (1) by selling or providin tobacco to a min(
designated for e Council to consider w ther to assess s
Gasby's, 1310 S. filbert Street. The civil enalty for a sec
year period is eithe 1500.00 or a thirty da ermit susper
option.
a. CONDUCT H RING
Action:
b. CONSIDER A RESOLUTION
r a hearing, a civil
lates Iowa Code
This hearing is the time
h a civil penalty against
violation within a two -
: , at the retailer's
I r ,
"m
CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: May 20, Agenda revisions
Consent Calendar:
ITEM 3e(1) (Revised) ANNEXATION HERBERT HOOVER HIGHWAY MOTION SETTING A PUBLIC
HEARING FOR JUNE 17 ON A RESOLUTION TO ANNEX 39.96 ACRES OF LAND
LOCATED AT 4701 HERBERT HOOVER HIGHWAY. (ANN14- 00001)
ITEM 3e(2) (Revised) REZONING HERBERT HOOVER HIGHWAY MOTION SETTING A PUBLIC
HEARING FOR JUNE 17 ON AN ORDINANCE CONDITIONALLY REZONING 39.96
ACRES OF LAND FROM COUNTY RESIDENTIAL (R) ZONE TO INTERIM
DEVELOPMENT SINGLE- FAMILY (ID -RS) ZONE LOCATED AT 4701 HERBERT
HOOVER HIGHWAY. (REZ14- 00002)
Regular Agenda
ITEM 8 (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
AND PAYMENT OF A $300 CIVIL PENALTY FROM CVS PHARMACY, PURSUANT TO
IOWA CODE SECTION 453A.22(2) (2013)
ITEM 12
1y -P55
Comment: This Resolution accepts a waiver of right to hearing and payment of a $300 civil
penalty by CVS Pharmacy. The civil penalty is required by Iowa Code Section 453A.22(2) due
to an emolovee sellina or providina tobacco to a min
(Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING
AND PAYMENT OF A $1500 CIVIL PENALTY FROM THE DEN, PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2013)
Comment: This Resolution accepts a waiver of right to hearing and ld5yment of a $1500 civil
penalty by The Den. The civil penalty is required by Iowa Code Section 453A.22(2) due to the
second instance of an employee selling or providing tobacco to a minor-within a two -year period.
ITEM 13 (Revised) RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE
DEFENSE TO TOBACCO CIVIL PENALTY BY GASBY'S
l � I _ -g Comment: Gasby's has chosen to use the affirmative defense available once every four years
`f because the employee charged holds a valid certificate of completion of the tobacco compliance
employee training program. _
May 20, 2014 City of Iowa City Page 13
ITEM 14. CIVIL PENALTY, THE CONVENIENCE STORE - ASSESSING A CIVIL PENALTY
OF EITHER $1500.00 OR A THIRTY DAY PERMIT SUSPENSION AGAINST THE
CONVENIENCE STORE, PURSUANT TO IOWA CODE SECTION 453A.22(2)
(2013)
(DC) Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil
penalty shall be assessed when an employee of a retailer violates Iowa Code
Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
The Convenience Store, 106 S. Linn Street. The civil penalty for a second violation
within a two -year period is either $1500.00 or a thirty day permit suspension, at the
retailer's option.
a. CONDUCT HEARING
Action:_,._ ,
b. CONSIDER A RESOLUTION
Action: ��-�,ti,\ � a . �
v e
ITEM 15. CIVIL PENALTY, THE CONVENIENCE STORE - ASSESSING A CIVIL PENALT ,
OF $1500.00 AND A THIRTY DAY PERMIT SUSPENSION AGAINST THE
CONVENIENCE STORE, PURSUANT TO IOWA CODE SECTION 453A.22(2)
(2013)
Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil
penalty shall be assessed when an employee of a retailer violates Iowa Code
Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
The Convenience Store, 106 S. Linn Street. The civil penalty for a third violation
within a three -year period is $1500.00 and a thirty day permit suspension.
a. CONDUCT HEARING
Action:
b. CONSIDER A RESOLUTION
Action: r,,, e, U _
J
May 20, 2014 City of Iowa City Page 14
ITEM 16. CIVIL PENALTY, ZOMBIE'S - ASSESSING A CIVIL PENALTY OF EITHER
$1500.00 OR A THIRTY DAY PERMIT SUSPENSION AGAINST ZOMBIES,
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013)
'
q_/(02- Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil
penalty shall be assessed when an employee of a retailer violates Iowa Code Section
453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
Zombies, 316 E. Burlington Street. The civil penalty for a second violation within a
two -year period is either $1500.00 or a thirty day permit suspension, at the retailer's
option
a. CONDUCT HEARING
Action:
b. CONSIDER A RESOLUTION
Action:
`? t z,
ITEM 17. REFUSE 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. (PASS AND ADOPT)
L4 - 45g3 Comment: This proposed ordinance will increase residential solid waste collection
fees by $.40 per month. This fee increase is necessary due to annual increases in
operational costs and was previously approved with the FY2015 adopted budget.
This fee increase will be effective July 1, 2014. f-%
Action:��
ITEM 18. WATER RATE FEES - AMENDING TITLE 3, "CITY FINANCES, TAXATION &
FEES," CHAPTER 4 "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES
AND PENALTIES," SECTION 3 ENTITLED "POTABLE WATER USE AND
SERVICE," OF THE CITY CODE, TO INCREASE OR CHANGE WATER SERVICE
CHARGES AND FEES IN IOWA CITY, IOWA. (PASS AND ADOPT)
Comment: This proposed ordinance will increase residential water user charges by
5% on July 1, 2014 and by 5% on July 1, 2015. This fee increase is necessary due to
annual increases in operational costs and was previously approved with the FY2015
adopted budget. The first fee increase will be effective July 1, 2014.
Action:
ITEM 19. COUNCIL APPOINTMENTS. Applicants MUST r de in Iowa City and be 18
years of age unless specific qualifications are stated.
ITEM 19a Airport Commission - One vacancy to fill a four -year term March 1, 2014 -
March 1, 2018. (Term expired for Howard Horan).
Action: ��_ Il%_
May 20, 2014 City of Iowa City Page 15
ITEM 19b Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term
January 1, 2014 — December 31, 2018. (Previously advertised; term
expired for Dennis Keitel).
Action: Q`< -
ITEM 19c Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term
January 1, 2012 - December 31, 2016. (New full term).
Action:
ITEM 19d Appeals, Board of — One vacancy to fill a five -year term January 1, 2014 -
December 31, 2018. (Term expires for Chad Campion).
Action: a.'_ C"
ITEM 19e Historic Preservation Commission — One vacancy, for a Jefferson St.
representative to fill three -year terms, March 29, 2013 — March 29, 2016.
(New District formed).
Action:
ITEM 20. 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 20a Citizens' Police Review Board — One vacancy to fill an unexpired term,
effective upon appointment — September 1, 2015 (Donald King resigned).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, June 11, 2014.
ITEM 20b Human Rights Commission — One vacancy to fill an unexpired term,
effective upon appointment — January 1, 2015 (Jewel Amos resigned).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MAY 28, 2014.
ITEM 21. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 22. CITY COUNCIL INFORMATION.
May 20, 2014 City of Iowa City Page 16
ITEM 23. REPORT ON ITEMS FROM CITY STAFF. < L t
a) City Manager.
b) City Attorney.
c) City Clerk.
ITEM 24. ADJOURN (to work session if necessary).
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