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HomeMy WebLinkAbout2014-05-20 ResolutionPrepared by: Tom Hansen, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52240 (319) 356 -5197 RESOLUTION NO. 14 -135 RESOLUTION AUTHORIZING THE PROCUREMENT OF EIGHT POLICE PATROL VEHICLES WHEREAS, Eight marked patrol cars are predicted and budgeted for replacement in fiscal year 2015; and WHEREAS, Current State of Iowa contract #45 -6814 Group E, awarded to Charles Gabus Ford of Des Moines, is utilized; and WHEREAS, The City of Iowa City Police Department has recent experience with this vehicle and it has been well received; and WHEREAS, the purchase price of the eight Police Patrol vehicles is $220,518.96, which exceeds the City Manager's spending authority of $150,000, thus requiring City Council approval; and WHEREAS, funds for this purchase are available in account # 10410310-474220; and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to take whatever steps are necessary to effectuate the purchase. Passed and approved this 20th day of May '2014 ATTEST :. CI CLERK' Ai 4 MAYOR Approved by i City Attorney's Office 3d(1) Resolution loo. 14 -135 Page 2 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x x x x x DAYS: Dickens the ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton CITY OF IOWA CITY 3 ■�� ��•� MEMORANDUM Date: May 14, 2014 To: City Council From: Eleanor M. Dilkes, City Attorney Re: City Attorney staffing As of May 2 there is a vacancy in my office. For purposes of succession planning, I am proposing to return to full time (.6 FTE to 1 FTE) and reduce the Assistant City Attorney FTE in the City Attorney's Budget (2.0 to 1.5)(1 FTE assistant is funded by the tort levy). This will return the staffing levels in my department to those levels that existed before the Council approved the reduction in my position from 1 FTE to .6 FTE in 2000. The proposed resolution on your agenda makes this change and increases my salary proportionally. It is likely that one of the assistants in my office will reduce to .75 time and I will hire an entry level .75 time assistant to handle the bulk of Magistrate's Court along with other assignments so that the more experienced attorneys in the office can dedicate additional time to advising and litigating on matters for which experience is particularly valuable. There will be no increase in the budget and the actual dollars spent will likely decrease due to the hiring of a less experienced attorney at the lower end of the pay scale. Please give me a call if you have any questions. Cc: City Manager City Clerk Assistant City Manager Finance Director City Attorney staff Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -136 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CITY ATTORNEY'S OFFICE BY INCREASING THE POSITION OF CITY ATTORNEY FROM .6 FTE TO 1 FTE AND DECREASING THE POSITION OF ASSISTANT CITY ATTORNEY FROM 2.0 FTE TO 1.5 FTE AND ESTABLISHING A NEW UNCLASSIFIED SALARY COMPENSATION FOR THE CITY ATTORNEY. WHEREAS, Resolution No. 13 -72, adopted by the City Council on March 5, 2013 authorized budgeted positions in the City Attorney's Office for Fiscal Year 2014; and WHEREAS, Resolution No. 14 -54, adopted by the City Council on March 4, 2014 authorized budgeted positions in the City Attorney's office for Fiscal Year 2015; and WHEREAS, due to a vacancy in the City Attorney's office and for succession planning purposes, the City Attorney has requested that the City Council increase her time to 1 FTE and reduce the position of Assistant City Attorney to 1.5 FTE, which will return the staffing of the City Attorney's office to the level that existed in 2000 prior to the decrease in the City Attorney FTE from 1 to .6; and, WHEREAS, it is necessary to establish salary compensation for the City Attorney at 1 FTE. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the City Attorney's office be amended by increasing the position of City Attorney to 1 FTE and reducing the position of Assistant City Attorney to 1.5 FTE effective May 5, 2014. 2. The following compensation is hereby established for the City Attorney effective May 5, 2014: $139,068.80. Passed and approved this 20th day of May , 20 14 MAYOR ATTEST: ` V CITY LERK p ved by 5�-- /�- -lq City Attorney's Office Resolution No. 14 -136 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Tbrogmorton r A CITY OF IOWA CITY 3d(4) X 1T� MEMORANDUM Date: May 8, 2014 To: Tom Markus, City Manager From: Dennis Bockenstedt, Finance Director RE: Bond redemption notices Introduction As part of the 2014 General Obligation Bond sale of $11,980,000 that took place on May 6, the bond proceeds included $2,660,000 for the early redemption of previously issued general obligation bonds. This early redemption or refunding was included as part of the 2014 bond issue in order to achieve savings on the interest cost of the outstanding debt. History /Background The City previously issued general obligation bonds in five separate sales between 2005 and 2007. Those issues are titled 2005, 2006A, 2006B, 2006C, and 2007 general obligation bonds. The interest rates on those outstanding bonds range from 3.70% to 5.60% on the remaining maturities in 2015 through 2017. These bonds will become callable on June 1, 2014 except for the 2005 bond issue which became callable on June 1, 2013. Due to the significant differential in interest rates and the extremely low interest rates on our investments, we determined that we could achieve substantial savings from refunding these older issues early. Discussion of Solution Through some analysis of the five outstanding bond issues, we were able to determine an optimal approach for calling the outstanding bonds. For the 2015 maturities that were already budgeted for payment on June 1, 2015, we determined that we could call these maturities in eleven months early on July 1, 2014 with cash balances on hand. This early call would achieve a savings on the interest payments of $138,047 at a cost of lost interest earnings of $5,390 for a net savings of $132,657. For the 2006A and 2006B outstanding bond issues, we felt that we had sufficient funds on hand to call their 2016 maturities in early as well. By calling the 2016 maturities for these two issues in early, we will achieve a savings of $37,880 less lost interest earnings of $3,430 for a total savings of $34,450. The 2014 refunding bonds were issued to redeem the 2016 and 2017 maturities and a portion of the 2015 maturities of the 2006C and 2007 general obligation bonds. The net present value savings achieved from replacing these older bond issues with the newer bond issue totaled $181,222. Financial Impact The overall financial impact of the early redemption and refunding of the 2005, 2006A, 2006B, 2006C, and 2007 general obligation bond issues is a net savings of $348,329 over the next three years. Recommendation It is staff's recommendation to approve the five separate resolutions to call the 2005, 2006A, 2006B, 2006C, and 2007 outstanding bond issues in early. May 20, 2014 The City Council of the City of Iowa City, State of Iowa, met in open session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7 o'clock P M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Botchway, Dickens, Dobyns, Hayek Mims, Payne, Throgmorton Absent: None -1- Council Member Payne introduced the following Resolution entitled "A 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' and moved its adoption. Council Member Dickens seconded the motion to adopt. The roll was called and the vote was, AYES: Botchway, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No 14 -137 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 WHEREAS, the City did by resolution dated June 13, 2006, authorize the issuance of $6,265,000 General Obligation Bonds, Series 2006A, (the 'Bonds ") dated June 29, 2006; and WHEREAS, the Bonds are redeemable in any order of their numbering on June 1, 2014 or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and WHEREAS, it is deemed necessary and advisable that $1,495,000 be so redeemed on July 1, 2014 and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That outstanding General Obligation Bonds, dated June 29, 2006, in the principal amount of $1,495,000, be and the same are hereby redeemed as of July 1, 2014. The City Controller is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by ordinary mail. -2- Section 2. The Finance Director is hereby authorized and directed to cause to be deposited in a separate fund sum sufficient to pay all principal and interest on the redeemed Bonds to the date of redemption. Section 3. That the form of such notice be substantially as follows: -3- NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice that the Bonds described below have been called for redemption. Owners of the Bonds should present their Bonds for payment on the redemption date. Issuer: City of Iowa City, State of Iowa Original Issue Amount: $6,265,000 Bond Issue: General Obligation Bonds, Series 2006A Dated Date: June 29, 2006 Redemption Date: July 1, 2014 Redemption Price: At par, plus accrued interest Bonds Called for Redemption CUSIP Principal Interest Maturity Numbers Amount Rate Date 462308 VT1 $730,000 4.00% June 1, 2015 462308 VU8 $765,000 4.00% June 1, 2016 No representation is made as to the accuracy of the CUSIP numbers printed herein or on the Bonds. The above Bonds should be presented to City Controller, Iowa City, Iowa. This represents a full call of the outstanding obligations. All interest will cease to accrue on the Redemption Date. CITY CONTROLLER, Iowa City, Iowa (End of Notice) Im PASSED AND APPROVED this 6th day of May, 2014. ATTEST: City Clerk A_ c Mayor -5- CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of public hearing and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty -four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this 28th day of May , 2014. City C erk, City of Iowa City, State of Iowa (SEAL) 01010345 -1 \10714 -117 May 20, 2014 The City Council of the City of Iowa City, State of Iowa, met in open session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7 o'clock P M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Botchway, Dickens, Dobyns, Hayek Mims, Payne, Throgmorton Absent: None -1- 05 -20 -14 3d(5) Council Member Payne introduced the following Resolution entitled "A 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" and moved its adoption. Council Member Dickens seconded the motion to adopt. The roll was called and the vote was, AYES: Botchway, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No 14 -138 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 WHEREAS, the City did by resolution dated June 13, 2006, authorize the issuance of $1,000,000 General Obligation Bonds, Taxable Series 2006B, (the "Bonds ") dated June 29, 2006; and WHEREAS, the Bonds are redeemable in any order of their numbering on June 1, 2014 or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and WHEREAS, it is deemed necessary and advisable that $250,000 be so redeemed on July 1, 2014 and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That outstanding General Obligation Bonds, Taxable Series 2006B, dated June 29, 2006, in the principal amount of $250,000, be and the same are hereby redeemed as of July 1, 2014. The City Controller is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by ordinary mail. -2- Section 2. The Finance Director is hereby authorized and directed to cause to be deposited in a separate fund sum sufficient to pay all principal and interest on the redeemed Bonds to the date of redemption. Section 3. That the form of such notice be substantially as follows: M NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice that the Bonds described below have been called for redemption. Owners of the Bonds should present their Bonds for payment on the redemption date. Issuer: City of Iowa City, State of Iowa Original Issue Amount: $1,000,000 Bond Issue: General Obligation Bonds, Taxable Series 2006B Dated Date: June 29, 2006 Redemption Date: July 1, 2014 Redemption Price: At par, plus accrued interest Bonds Called for Redemption CUSIP Principal Interest Maturity Numbers Amount Rate Date 462308 WD5 $120,000 5.60% June 1, 2015 462308 WE3 $130,000 5.60% June 1, 2016 No representation is made as to the accuracy of the CUSIP numbers printed herein or on the Bonds. The above Bonds should be presented to City Controller, Iowa City, Iowa. This represents a full call of the outstanding obligations. All interest will cease to accrue on the Redemption Date. CITY CONTROLLER, Iowa City, Iowa (End of Notice) 0 PASSED AND APPROVED this 6th day of May, 2014. ATTEST: City k Mayor 511 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of public hearing and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty -four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this 28th day of May , 2014. App ?e - ia.,,:,� City Clerk, City of Iowa City, State of Iowa (SEAL) 01010345 -1 \10714 -117 May 20, 2014 The City Council of the City of Iowa City, State of Iowa, met in open session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7 o'clock P M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Botchway, Dickens, Dobyns, Hayek Mims, Payne, Throgmorton Absent: None -1- ---05--20-14 3d(6) Council Member Payne introduced the following Resolution entitled "A 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" and moved its adoption. Council Member Dickens seconded the motion to adopt. The roll was called and the vote was, AYES: Botchway, Dickens, Dobyns, Hayek Mims, Payne, Throgmorton NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No 14 -139 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 WHEREAS, the City did by resolution dated September 5, 2006, authorize the issuance of $3,350,000 General Obligation Refunding Capital Loan Notes, Series 2006C, (the "Notes ") dated September 15, 2006; and WHEREAS, the Notes are redeemable in any order of their numbering on June 1, 2014 or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Notes; and WHEREAS, it is deemed necessary and advisable that $890,000 be so redeemed on July 1, 2014 and notice of redemption be given according to the terms of the resolution authorizing issuance of the Notes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That outstanding General Obligation Refunding Capital Loan Notes, dated September 15, 2006, in the principal amount of $890,000, be and the same are hereby redeemed as of July 1, 2014. -2- The City Controller is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Notes by ordinary mail. Section 2. The Finance Director is hereby authorized and directed to cause to be deposited in a separate fund sum sufficient to pay all principal and interest on the redeemed Notes to the date of redemption. Section 3. That the form of such notice be substantially as follows: -3- NOTICE OF THE CALL OF NOTES FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED NOTES: Please take notice that the Notes described below have been called for redemption. Owners of the Notes should present their Notes for payment on the redemption date. Issuer: City of Iowa City, State of Iowa Original Issue Amount: $3,350,000 Note Issue: General Obligation Refunding Capital Loan Notes, Series 2006C Dated Date: September 15, 2006 Redemption Date: July 1, 2014 Redemption Price: At par, plus accrued interest Notes Called for Redemption CUSIP Principal Interest Maturity Numbers Amount Rate Date 462308 WP8 $300,000 3.70% June 1, 2015 462308 WQ6 $295,000 3.75% June 1, 2016 462308 WR4 $295,000 3.75% June 1, 2017 No representation is made as to the accuracy of the CUSIP numbers printed herein or on the Notes. The above Notes should be presented to City Controller, Iowa City, Iowa. This represents a full call of the outstanding obligations. All interest will cease to accrue on the Redemption Date. CITY CONTROLLER, Iowa City, Iowa (End of Notice) me PASSED AND APPROVED this 6th day of May, 2014. ATTEST: Ci -e i!�� 'A Mayor -5- CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of public hearing and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty -four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this 28th day of May , 2014. City Clerk, City of Iowa City, State of Iowa (SEAL) 01010345 - 1110714 -117 May 20, 2014 The City Council of the City of Iowa City, State of Iowa, met in open session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7 o'clock P M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Botchway, Dickens, Dobyns, Hayek Mims, Payne, Throgmorton Absent: None -1- 05-2T-TT- 3d(7) Council Member Payne introduced the following Resolution entitled "A 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" and moved its adoption. Council Member Dickens seconded the motion to adopt. The roll was called and the vote was, AYES: Botchway, Dickens, Dobyns, Hayek Mims, Payne, Throgmorton NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No 14 -140 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 WHEREAS, the City did by resolution dated March 22, 2005, authorize the issuance of $7,020,000 General Obligation Bonds, Series 2005A, (the 'Bonds ") dated March 29, 2005; and WHEREAS, the Bonds are redeemable in any order of their numbering on June 1, 2013 or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and WHEREAS, it is deemed necessary and advisable that $820,000 be so redeemed on July 1, 2014 and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That outstanding General Obligation Bonds, dated March 29, 2005, in the principal amount of $820,000, be and the same are hereby redeemed as of July 1, 2014. The City Controller is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by ordinary mail. -2- Section 2. The Finance Director is hereby authorized and directed to cause to be deposited in a separate fund sum sufficient to pay all principal and interest on the redeemed Bonds to the date of redemption. Section 3. That the form of such notice be substantially as follows: -3- NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice that the Bonds described below have been called for redemption. Owners of the Bonds should present their Bonds for payment on the redemption date. Issuer: City of Iowa City, State of Iowa Original Issue Amount: $7,020,000 Bond Issue: General Obligation Bonds, Series 2005A Dated Date: March 29, 2005 Redemption Date: July 1, 2014 Redemption Price: At par, plus accrued interest Bonds Called for Redem tp ion CUSIP Principal Numbers Amount 462308 VJ3 $820,000 Interest Maturity Rate Date 4.00% June 1, 2015 No representation is made as to the accuracy of the CUSIP numbers printed herein or on the Bonds. The above Bonds should be presented to City Controller, Iowa City, Iowa. This represents a full call of the outstanding obligations. All interest will cease to accrue on the Redemption Date. CITY CONTROLLER, Iowa City, Iowa (End of Notice) 0 PASSED AND APPROVED this 6th day of May, 2014. ATTEST: Ci er 1 Mayor 511 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of public hearing and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty -four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this 28th day of May , 2014. 2L, � A- - -X� City Clerk, City of Iowa City, State of Iowa (SEAL) 01010345 - 1110714 -117 May 20, 2014 The City Council of the City of Iowa City, State of Iowa, met in open session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7 o'clock P M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Botchway, Dickens, Dobyns, Hayek Mims, Payne, Throgmorton Absent: None -1- 'x.14 Council Member Payne introduced the following Resolution entitled "A 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" and moved its adoption. Council Member Dickens seconded the motion to adopt. The roll was called and the vote was, AYES: Botchway, Dickens, Dobyns, Hayek Mims, Payne, Throgmorton NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No 14 -141 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 WHEREAS, the City did by resolution dated May 14, 2007, authorize the issuance of $8,870,000 General Obligation Bonds, Series 2007A, (the "Bonds ") dated May 31, 2007; and WHEREAS, the Bonds are redeemable in any order of their numbering on June 1, 2014 or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and WHEREAS, it is deemed necessary and advisable that $3,020,000 be so redeemed on July 1, 2014 and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That outstanding General Obligation Bonds, dated May 31, 2007, in the principal amount of $3,020,000, be and the same are hereby redeemed as of July 1, 2014. The City Controller is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by ordinary mail. -2- Section 2. The Finance Director is hereby authorized and directed to cause to be deposited in a separate fund sum sufficient to pay all principal and interest on the redeemed Bonds to the date of redemption. Section 3. That the form of such notice be substantially as follows: -3- NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice that the Bonds described below have been called for redemption. Owners of the Bonds should present their Bonds for payment on the redemption date. Issuer: City of Iowa City, State of Iowa Original Issue Amount: $8,870,000 Bond Issue: General Obligation Bonds, Series 2007A Dated Date: May 31, 2007 Redemption Date: July 1, 2014 Redemption Price: At par, plus accrued interest Bonds Called for Redemption CUSIP Principal Numbers Amount 462308 WZ6 $ 970,000 462308 XA0 $1,005,000 462308 X138 $1,045,000 Interest Maturity Rate Date 3.75% June 1, 2015 3.75% June 1, 2016 3.75% June 1, 2017 No representation is made as to the accuracy of the CUSIP numbers printed herein or on the Bonds. The above Bonds should be presented to City Controller, Iowa City, Iowa. This represents a full call of the outstanding obligations. All interest will cease to accrue on the Redemption Date. CITY CONTROLLER, Iowa City, Iowa (End of Notice) ra PASSED AND APPROVED this 6th day of May, 2014. ATTEST: City 6 rk Mayor -5- CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of public hearing and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty -four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this 28th day of May , 2014. City Merl, City of Iowa City, State of Iowa (SEAL) 01010345 -1 \10714 -117 �?34 CITY OF IOWA CITY 3d(9) ft = � MEMORANDUM Date: May 13, 2014 To: Dennis Bockenstedt, Finance Director From: Robin Marshall, Controller Re: Audit Contract for FY14 Introduction: The City of Iowa City has hired Eide Bailly for our annual audit services for the fiscal year ended June 30, 2014. The costs of these services are over $50,000 annually, which requires City Council approval, per the City's procurement policy. History/Background: In 2007, the City issued an RFP for audit services. We received two proposals, one from Eide Bailly and the other from RSM McGladery. Based on qualifications, experience and minimal price variance, the City awarded the contract to Eide Bailly. A contract was signed for 3 years to cover FY07 — FY09. The contract included an option to extend for 3 additional years and in 2010, we extended the contract for FY10 — FY12. In January 2013, it was decided to extend the contract for an additional 2 years for FY13 — FY14, due to the timing and the implementation of the new ERP system. In 2015, the City will issue an RFP for audit services for FY15 — FY17. Discussion of Solutions: Finance Admin and Accounting have been pleased with the services provided by Eide Bailly. They are responsive to our questions, their staff is knowledgeable and professional, and they have a low turnover rate, which has allowed the audit to run smoothly each year. Attached is a copy of the contract and a resolution for Council to approve. Financial Impact: Below is the audit pricing for FY07 — FY14. * Includes 3 major programs Recommendation: Staff recommends approval of the contract with Eide Bailly for FY14. cc: Sara Sproule, Assistant Controller Audit Hsg Auth Add] Major # of Major Services* HUD REAC Programs Programs FY07 42,000 1,400 FY08 46,000 1,500 FY09 48,000 1,575 FY10 51,000 1,650 2,000 7 FY11 53,500 1,750 2,100 6 FY12 56,000 1,850 2,200 6 FY13 58,500 1,950 2,500 6 FY14 61,150 2,050 2,625 * Includes 3 major programs Recommendation: Staff recommends approval of the contract with Eide Bailly for FY14. cc: Sara Sproule, Assistant Controller Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5053 RESOLUTION NO. 14 -142 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. WHEREAS, City policy requires City Council approval for contracts over $50,000, and WHEREAS, the FY14 audit fees for Eide Bailly are approximately $61,150. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for auditing services, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 20th day of May 20_LzL_. MAYOR Approved by ATTEST: C\ — CI CLERK City Attorney's Office It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT:' X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton ca*r - CITY OF IOWA CITY MEMORANDUM Date: May 14, 2014 To: Mary Niichel - Hegwood, Purchasing Agent From: June Nasby, Buyer II Re: Awarding of the Uniform Towel Rental and Laundering Services Background On February 26, 2014, a Request for Proposal for Uniform and Towel Rental and Laundering Services was posted to the City of Iowa City web site. Vendors were required to submit questions and clarifications regarding the Request for Proposal by March 10, 2014 and submit their proposals by 2:30 p.m. on March 19, 2014. The City received a proposal from the following vendors: Aramark Uniform Services, City Workplace Uniforms and Mats, GK Services, Phelps Uniform, Premier Linen and Uniform Rental. Proposals were distributed to an Evaluation Committee, which consisted of representatives from Fire, Transportation Services, Parks and Recreation and Public Works. The Evaluation Committee individually reviewed each proposal and its compliance with the specifications. In addition, vendors that submitted a proposal had the opportunity to interview with the Evaluation Committee and provide samples of the proposed uniforms and towels. Financial Impact Funds for this purchase are available in the uniform line items in the operating budget for the following departments: Senior Center, Parks and Recreation, Public Works, Transportation Services and the Fire Department. Recommendation After a complete evaluation of the vendor's proposal, vendor interviews, a review of the products proposed, reference checks, and pricing, the Evaluation Committee recommends Phelps Uniform to receive the contract award for the Uniforms and recommends GK Services for the Towels. Cc: Dennis Bockenstedt, Finance Director 3d(10) Prepared by: June Nasby, Buyer II, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5076 RESOLUTION NO. 14 -143 RESOLUTION AUTHORIZING THE PROCUREMENT OF UNIFORM AND TOWEL RENTAL AND LAUNDERING SERVICES. WHEREAS, a Request for Proposal was put out to solicit uniform and towel rental and laundering services for City of Iowa City employees; and WHEREAS, five proposals were received for these services; and WHEREAS, the evaluation committee has selected Phelps Uniform for the Uniforms and has selected GK Services for the Towels; and WHEREAS, the initial term of this contract will be for three years, with an option to renew for another three years; and WHEREAS, the procurement for these services cost over $150,000, thereby requiring City Council approval; and WHEREAS, over the course of this 3 -year contract, we expect to expend approximately $400,000 - $450,000 based on anticipated usage. WHEREAS, funds for this purchase are available in the uniform line items in the operating budget; and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to take whatever steps are necessary to effectuate the purchase. Passed and approved this 20th day of May , 20 14 MAYOR Approved by / c/ ATTEST: CIT L.ERK City Attorney's Office Resolution No. 14 -143 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 3d(11) Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5144 RESOLUTION NO. 14 -144 RESOLUTION ACCEPTING THE WORK FOR THE 2013 SEWER REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2013 Sewer Repair Project, as included in a contract between the City of Iowa City and Lynch's Excavating, Inc. of West Branch, Iowa, dated July 15, 2013, be accepted; and WHEREAS, seven additional sites were identified after the contract was signed; and WHEREAS, Staff negotiated change orders to the original contract for the amount of $68,042.05; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Annual Sewer Repair account # V3101; and WHEREAS, the final contract price is $150,047.32. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said improvements are hereby accepted by the City of Iowa City, Iowa. 2. The final expenditure is approved. Passed and approved this 20th day of May 20 1 MAYOR ATTEST: CITY It was moved by Payne and seconded by adopted, and upon roll call there were: AYES: t� X X X X X X NAYS: Approved by C>&ka -Aw-71 k!�! City Attorney's Office Dickens the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton ENGINEER'S REPORT May 8, 2014 P 1 - -4 2;1u;K-P�L - .� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org City Clerk Iowa City, Iowa Re: 2013 Sewer Repair Project Dear City Clerk: I hereby certify that the construction of the 2013 Sewer Repair Project has been completed by Lynch's Excavating, Inc. of West Branch, Iowa in substantial accordance with the plans and specifications prepared by the Iowa City Engineering Division. This project was bid as a unit price contract and the final contract price is $150,047.32. There were seven change orders totaling $68,042.05 for the project as shown below: 1. CO #1 Montrose Ave Service Repair $ 9,543.00 2. CO #2 Franklin Street Repair $13,070.45 3. CO #3 North Lucas Street Repair $11,334.00 4. CO #4 Linn Street Repair $12,358.00 5. CO #5 Johnson Street Repair $ 4,458.00 6. CO #6 Prairie du Chien Road Repair $ 4,911.00 7. CO #7 Beldon Ave Repair $12,367.60 Total $68,042.05 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 05-20-14 3d(12) Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5415 RESOLUTION NO. 14 -145 RESOLUTION ACCEPTING THE WORK FOR THE IOWA RIVER BANK REPAIR PROJECT 2014 WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa River Bank Repair Project 2014, as included in a contract between the City of Iowa City and Neuzil and Sons, Inc., of Oxford, Iowa, dated March 12, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Intra -City Bike Trails account #R4206; and WHEREAS, the final contract price is $18,996.77. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 20th day of May , 20-i-4-- ATTEST: ITY LERK � it( A MAYOR \ Approved by .4 4ityc�%torney'4s Office�'���� It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton Pwenglmasterslacptwork.doc 5114 r ! —=— —fia �m4 -P?L 1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org ENGINEER'S REPORT May 12, 2014 City Clerk Iowa City, Iowa Re: Iowa River Bank Repair Project 2014 Dear City Clerk: I hereby certify that the construction of the Iowa River Bank Repair Project 2014 has been completed by Neuzil and Sons, Inc. of Oxford, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project was bid as a unit price contract and the final contract price is $18,996.77. There was one change or extra work order for the project as described below: 1. Erosion Mat P550 Roll TOTAL Additional Costs to Original Contract $ 377.00 $ 377.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng /masters /engrpt. doc X14 3d(13) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 14 -146 RESOLUTION ACCEPTING THE WORK FOR THE 2013 SUMMER SIDEWALK REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2013 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and JDM Concrete, LLC of Kalona, Iowa, dated August 2, 2013, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Sidewalk Inspection account # 22710220; and WHEREAS, the final contract price is $30,254.81. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 20th day of May , 2014. ATTEST: V� Acm�s�� MAYOR Approved by ,I . �R, ,, -,-'/ CTS City Attorney's Office It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Pweng /masters/acptwork.doc 5/14 � r ,,III CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www•icgov.org May 13, 2014 City Council City of Iowa City, Iowa Re: 2013 Summer Sidewalk Repair Project Dear City Council: I hereby certify that the 2013 Summer Sidewalk Repair Project has been completed by JDM Concrete, LLC of Kalona, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $30,254.81. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, _Zz'e _ Ronald Knoche, P.E. City Engineer 3d(14) Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 14-147 RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY CLUB CAR WHEREAS, on November 15, 2013, an employee of Club Car violated Section 453A.2(1) of the Code of Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of this violation Club Car held a retail cigarette permit and was located at 114 Wright Street, Iowa City; and WHEREAS, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(1); and WHEREAS, pursuant to Section 453A.22(3), if an employee of a retailer violates Section 453A.2(1), the retailer shall not be assessed a penalty under Section 453A.22(2), and the violation shall be deemed not to be a violation of Section 453A.2(1) for the purpose of determining the number of violations for which a penalty may be assessed pursuant to Section 453A.22(2), if the employee in question holds a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation; and WHEREAS, the Club Car employee who violated Section 453A.2(1) held a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation; and WHEREAS, Club Car wishes to assert the affirmative defense set out in Section 453A.22(3) in order to avoid a civil penalty for its employee's violation of Section 453A.2(1) and has signed an Acknowledgment of Use of Section 453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and WHEREAS, a retailer may assert the affirmative defenses set out in Section 453A.22(3) only once in a four -year period for a violation of Section 453A.2 that takes place at the same place of business location and if an employee of Club Car again violates Section 453A.2(1) within a four -year period, Club Car will be subject to a civil penalty as provided by Section 453A.22(2), after proper notice and opportunity for hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept Club Car's use of a Section 453A.22(3) affirmative defense and should accept Club Car's signed Acknowledgment of the same. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: May 20th, 2014 AMayor, City of Iowa t ATTEST: City, City of owa City Resolution No. 14 -147 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 14 -148 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM JOHN'S GROCERY WHEREAS, on November 21, 2013, an employee of John's Grocery, 401 E. Market Street, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of the violation, John's Grocery was a retailer as defined by Iowa Code § 453A.42; and WHEREAS, pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11), a retailer is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, John's Grocery has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within a two -year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of John's Grocery. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: May 20th, 2014 jmqll_� Mayor, City of Iowa City ATTEST: City rk, City of Iowa City 3d(15) Resolution No. 14 -148 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 14 -149 RESOLUTION ACCEPTING PAYMENT OF $1500.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM RJ'Z EXPRESS WHEREAS, on January 10, 2014, an employee of RJ'Z Express, 2 Escort Lane, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two -year period; and WHEREAS, at the time of the violation, RJ'Z Express was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice, and the civil penalty for a second violation within a two year period is, at the retailer's option, $1500 or a thirty day permit suspension; and WHEREAS, RJ'Z Express has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $1500.00 civil penalty to the City Clerk of the City of Iowa City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $1500.00 civil penalty on behalf of RJ'Z Express. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: May 20th, 2014 AXV�,-r� Mayor, City of Iowa City ATTEST: 1 City derk, City of Iowa City 3do 6) Resolution No. 14 -149 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x_ Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton b 05-20-14 "Moi�. p4' CITY OF IOWA CITY 3d(17) MEMORANDUM Date: May 14, 2014 To: Tom Markus, City Manager From: Chief Sam Hargadine Re: Edward Byrne Memorial Justice Grant Notification Introduction: The Iowa City Police Department in partnership with the Johnson County Sheriffs Office is making application for the 2014 Edward Byrne Memorial Justice Grant administered by the Bureau of Justice Assistance, U.S. Department of Justice. History/Background: The Departments were notified that they are eligible to apply for $25,790.00. It has been agreed that the Iowa City Police Department will take responsibility for application and management of this grant. In return, Iowa City will receive 52% of the funds ($13,411.00) and Johnson County will receive 48% ($12,379.00). This is similar to past years that the grant has been awarded. Discussion of Solutions: The Iowa City Police Department would like to allocate the $13,411.00 for the purchase of hand held radar and laser speed detection devices. The Iowa City Police Department currently only has 3 hand held radar speed detection devices and 2 laser speed detection devices. Funds would be used to purchase hand held radar speed detection devices for each squad car. Remaining revenue would be used to purchase laser speed detection devices that would be available for check out by Officers. Speed limits represent a concerted effort to balance safety and travel efficiency and reduce congestion. They are intended to promote public safety by providing drivers with information to help them choose a reasonable and prudent speed that is appropriate for the existing traffic, weather, and roadway conditions. It is well- established that speeding represents a risk to public safety. Excessive speed increases the likelihood of crashing and the risk of severe injury in a crash. Reducing speeding is a high- priority objective and effective speed enforcement is an essential countermeasure to reduce speeding and lowering crash risk. Crashes congest the roadways and result in economic losses. The costs of crashes include lost productivity, medical costs, legal and court costs, emergency service costs, insurance administration costs, travel delay, property damage, and workplace losses. Financial Impact: There are no matching funds needed to qualify for this grant. Recommendation: In accordance with the Justice Assistance Grant application, the application will be on file for review no less than 30 days. This memo serves to notify the City Manager and City Council of the opportunity to review the application of these funds and provide an opportunity for public comment. The recommendation is to apply for this grant. Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 14 -150 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 WHEREAS, the Iowa City Police Department, in partnership with the Johnson County Sheriffs Office, is making application for the 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) program administered by the U.S. Department of Justice; and WHEREAS, the Departments were notified by the federal government that they were eligible for a total of $25,790.00; and WHEREAS, in accordance with past practice and the application process, the parties have agreed that the City of Iowa City will receive 52% ($13,411) and Johnson County will receive 48% ($12,379), and Iowa City will take responsibility for making the application and managing this grant under the terms of the interlocal agreement; and WHEREAS, the agencies wish to memorialize this agreement in an interlocal agreement between the City of Iowa City and Johnson County outlining the amount of the grant to be awarded each department and each entity's rights and responsibilities under said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the interlocal agreement for cooperation between the City of Iowa City and Johnson County, Iowa attached hereto. The City Clerk is hereby authorized and directed to certify a copy of this Resolution along with the original Agreement and forward one original of same to the Johnson County Sheriffs Office. Passed and approved this 20th day of May , 2014. V e b- s City Attorney's Office MAYOR ATTEST: CITY CL RK Resolution loo. 14 -15 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton THE STATE OF IOWA KNOW ALL BY THESE PRESENT COUNTY OF JOHNSON INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND COUNTY OF JOHNSON, IOWA 2014 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this COUNTY of Johnson, acting by and through hereinafter referred to as COUNTY, and the governing body, the City Council, hereinafter State of Iowa, witnesseth: 20th day of May , 2014, by and between The its governing body, the Board of Supervisors, CITY of Iowa City, acting by and through its referred to as CITY, both of Johnson County, WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY agrees to provide the COUNTY $12,379.00 from the JAG award for use as described in the grant application; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to allocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1 _ CITY agrees to pay COUNTY a total of $12,379.00 of JAG funds, assuming the maximum amount of $25,790.00 is awarded after submission of the application. Whatever the award, the City will pay COUNTY 48% of the award and CITY will retain 52% of the award. Section 2. COUNTY agrees to use $12,379.00 for use as outlined in the grant application. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Section 5. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF IOWA CITY, IOWA Mayor, Matthew J. Hayek ATTEST: City --)2 Approved as to form: City Attorney COUNTY OF JOHNSON, IOWA Ch iperson, Bodrd Supervisors ATTEST: County Auditor aV --'� L K- 1061OZ17014 Approved as to t r : County Attorney 3d(1 8) Prepared by: Kumi Morris, Engineering Division of Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5044 RESOLUTION NO. 14 -151 RESOLUTION AMENDING PLANS, 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. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHEREAS, Resolution 14 -129 stated bids were to be opened at 2:30 p.m. on May 29, 2014 be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 3rd day of June, 2014, or at a special meeting called for that purpose; and, WHEREAS, City now wishes to open bids at 2:30 p.m. on June 5, 2014, and an amendment needs to be made to the plans and specifications; and WHEREAS, funds for this project are available in Animal Shelter in CIP account # Y4422; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The amended plans and specifications showing a bid date of June 5, 2014, are hereby approved. 2. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 3. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 5th day of June, 2014. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its special meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 5:00 p.m. on the 10th day of June, 2014, or at a special meeting called for that purpose. Passed and approved this 20th day of May , 20 14 ATTEST: v CI ERK �� MAYOR Approved . City Attorney's Office V-- I � Resolution No. 14 -151 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AXES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5230 (CPA14 -___) RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN - DOWNTOWN AND RIVERFRONT CROSSINGS MASTER PLAN TO INCLUDE A SECTION ON AFFORDABLE HOUSING. WHEREAS, the Iowa City Comprehensive Plan, including the Downtown and Riverfront Crossings Master Plan, establishes a set of planning principles, goals and objectives, and plan maps that relate specifically to the history and existing conditions of the area and establishes a vision for the future of the neighborhoods and commercial areas within the core of the city; and WHEREAS, the general principles of the Comprehensive Plan ensure a mix of housing types within each neighborhood to provide options for households of all types and people of all incomes; WHEREAS, the development and redevelopment of property within the Downtown and Riverfront Crossings Master Plan area creates an opportunity to increase the supply of affordable housing; and WHEREAS, it is in the public interest to add language to this section of the Comprehensive Plan to reinforce the City's existing economic development policies and goals on affordable housing; and WHEREAS, the Planning and Zoning Commission has reviewed this amendment and recommended approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The following paragraph shall be added to the Downtown and Riverfront Crossings Master Plan as a "Next Step ": Affordable Housing: The Downtown and Riverfront Crossings Master Plan area provides an 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. Passed and approved this day of 120. MAYOR: ATTEST: CITY CLERK Approved by: City Attorney's Office 5b 7 CITY OF IOWA CITY MEMORANDUM Date: April 11, 2014 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner Re: Downtown and Riverfront Crossings Master Plan — Affordable Housing At the March 20 meeting the Commission asked staff to schedule a public hearing on an amendment to the Downtown and Riverfront Crossings Master Plan to include policies regarding affordable housing. This was in response a letter submitted by Sally Scott (copy attached). Staff suggests that the following be considered for insertion on page 116, which outlines steps to implement the plan: Affordable Housing: The Study Area has an opportunity to provide a mix of housing that is both mixed - income and mixed -age. As plans for the area move forward, development incentives (such as density bonuses) and policy options that require affordable housing for City assisted projects within the district should be considered. January 28, 2014 Y To the Iowa City Planning and Zoning Commission: We respectfully request that the Planning and Zoning Commission recommend the following to the Iowa City City Council: that the Iowa City Comprehensive Plan be amended to specify that in the Riverfront Crossings District, 15% of all new residential units should be affordable to people earning less than 80% of Area Median Income. By affordable we mean that a household can pay housing costs (mortgage or rent, insurance and utilities) at 30% of their income or less. We also request that when this amendment to the Comprehensive Plan is approved, that the City Council Immediately appoint a task force composed of city officials, for - profit and nonprofit housing developers, University of Iowa officials and community residents to determine specific terms governing the new affordable housing: i.e., mix of rental and homeownership units, Inclusion of accessible elder housing, public /private funding mechanisms, etc. We request this amendment because the Downtown and kiverfront Crossings Master Plan adopted in January 2013 makes no mention of affordable housing outside of arts- related units in the Gilbert Sub - District, which has the lowest number of total projected units of any sub - district In the plan (92 out of a projected 2400 units). Since the adoption of the Master Plan, the shortage of affordable housing In the Iowa City area has become increasingly apparent. Currently, the average vacancy rate for apartments is below 1% and housing costs are rising much faster than incomes. Over 63% of renters are paying more than 30% of their income on housing costs; which means they are "cost burdened ". As a result, people are moving farther from their places of work, which negatively impacts families, communities, and the environment. We encourage the Planning and Zoning Commission to refer to the IC 2030 Comprehensive Plan Update (adopted by City Council on May 14, 2013), which lists as a Housing Goal to "ensure a mix of housing types within each neighborhood, to provide options for households of all types (singles, families, retirees) and people of all incomes." (p.27). In addition, City Steps (2011 -2015 Consolidated Plan), approved by City Council on December 14, 2009, makes a number of recommendations (pp.58 -61) to increase the supply of affordable housing in Iowa City, including specifically recommending an ordinance that "could provide financial and other incentives to developers in exchange for the provision of a percentage of housing units set aside for households with incomes at or below 80% of the area median income." (p.58). We appreciate your consideration of this request. Sincerely, wily J. scott Sally J. Scott, Facilitator Johnson County Affordable Homes Coalition 205 Black Springs Circle Iowa City, IA 52246 The Johnson County Affordable Homes Coalition April 11, 2014 To the Iowa City Planning and Zoning Commission: On behalf of the Riverfront Crossings workgroup of the Johnson County Affordable Homes Coalition, I am submitting proposed revisions to the amendment to the Downtown and Riverfront Crossings Master Plan, to be discussed at a public hearing on April 17tH The focus of the proposed amendment should be the Riverfront Crossings area. Given the high level of proposed public expenditures on the new park, streetscapes and other infrastructure in Riverfront Crossings, all development projects in the area are benefitting from public funding, and therefore should have an affordable housing component. This is especially true for projects that receive a direct public subsidy. The current version reads as follows: "Affordable Housing: The Study Area has an opportunity to provide a mix of housing that is both mixed - income and mixed -age. As plans for the area move forward, development incentives (such as density bonuses) and policy options that require affordable housing for City- assisted projects within the district, should be considered." We proposed the following revised version: "Affordable Housing: the Study Area has an opportunity to provide a mix of housing that is both mixed - income and mixed -age. As plans for the area move forward, the Neighborhood and Development Services Department will consider development incentives (such as density bonuses) and policy options that require affordable housing for projects within the district. All City- assisted projects must include an affordable housing component." We appreciate your consideration of this request. Sincerely, savy,r. scott Sally J. Scott, Facilitator Johnson County Affordable Homes Coalition 205 Black Springs Circle Iowa City, IA 52246 40Iowa Valley ' ' Habitat for Humanity' "the excitement is building" April 17, 2014 2401 SCOTT BLVD. IOWA CITY, IA. 52240 PH 31 9.337.8949 FAx 31 9.354.3527 WWW.I OWAVALLEYHABITAT.O RG To the Iowa City Planning and Zoning Commission: On behalf Iowa Valley Habitat for Humanity and other nonprofit housing providers in the Iowa City area, I am asking you to consider proposed revisions to the amendment to the Downtown and Riverfront Crossings Master Plan, to be discussed at a public hearing today. As a great deal of public resources will be directed to the planning and execution of a unified plan, it is both reasonable and prudent to include housing options which are affordable for working people. Walking distance to jobs is resurfacing as a necessary component of good urban plannLn, -, Jobs that pay $10 -$12 per hour, such as service jobs in the downtown area, have been priced out of the downtown rental housing market. One of the goals of the Riverfront Crossing development should be to bring workers closer to their work so that transportation costs can be minimized. If this is to happen, it is critical to include provisions for affordable housing for those earning under 60% of area median income. The free market system in our University town does not inherently make provisions for this population since rents are skewed upwards by the student population. Working families find it difficult, if not impossible, to compete in this rental market as they end up spending more than 30% of their income for housing. Please think of the tellers, waitresses, nurse's aides, teachers' aides, and secretaries who can stretch their wages farther by living close to their work. The Riverfront Crossings development presents a wonderful opportunity to bring workers and their jobs closer together. I encourage you to adopt language to assure a portion of the development be guaranteed to serve this population of workers. Thank you for your efforts in making this a humane and thoughtful development. Mark Patton Executive Director United Way of Johnson County s6 Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5230 (CPA14 -__) RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE OMPREHENSIVE PLAN - DOWNTOWN (ND RIVERFRONT CROSSINGS MASTE PLAN TO INCLUDE A SECTION ON FORDABLE HOUSING. WHEREAS, the a City Comprehensive Plan, inclui Crossings Master Plan, stab ii. a set of planning princir maps that relate specifica to the history and existing cond vision for the future of the Nei borhoods and commercial ar WHEREAS, the general p 'nciples of the Comprehe types within each neighborhood provide options for ho sE incomes; WHEREAS, the development \aa Riverfront Crossings Master Pla affordable housing; and WHEREAS, it is in the public interest Plan to reinforce the City's existing eco housing; and in the Downtown and Riverfront goals and objectives, and plan ons of the area and establishes a is within the core of the city; and ie Plan ensure a mix of housing holds of all types and people of all Jevelopmen of property within the Downtown and creates a opportunity to increase the supply of add larYguage to this section of the Comprehensive qic dWvelopment policies and goals on affordable WHEREAS, the Planning and Zoning C mission has reviewed this amendment and recommended approval. NOW, THEREFORE, BE IT RESOLVED THE TY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The following paragraph shall be adde to the Downtown d Riverfront Crossings Master Plan as a "Next Step ": Affordable Housing: The D ntown and Riverfront Cross' gs Master Plan area provides an opportunity for a mix housing attractive to people of variety of ages and income levels. As plans fort area move forward, the City all consider development incentives (such as d sity bonuses) and policies that req ' e affordable housing for City- assisted projects .thin the district. C= 0 a• Passed and approved thi day of 20_ cn) w �. =+cJ o r MAYOR: 6::0 .c- Approved by: 3v ATTEST: CITY CLERK ity Attorney's Office �$� /`/ W Julie Voparil From: Marian Karr Sent: Tuesday, May 20, 2014 11:01 AM To: Julie Voparil Subject: Fwd: Affordable Housing in Riverfront Crossings District Sent from Samsung Mobile. -- - - - - -- Original message -- - - - - -- From: Tim Weitzel <tweitzel.email @gmail.com> Date: 05/20/2014 10:15 AM (GMT- 06:00) To: Council < Council- @iowa - city.org> Subject: Affordable Housing in Riverfront Crossings District I support all efforts to encourage and strengthen incentives to provide affordable housing in the Riverfront Crossings District. Height and FAR bonuses are a good start. Any TIFs for residential projects approved should require affordable and workforce housing as part of the mix. Market forces alone will tend not to provide affordable housing, so any efforts on the City to direct development of affordable housing are good for the community. We don't want to an exclusive district. Tim Weitzel Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 324 NORTH LUCAS STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in design ed neighborhoods surrounding the University of lowa� rehabilitates them, and then sells them tjincome- eligible buyers; and WHEREAS, the City Nrchased and rehabilitated a single family home located at 324 North Lucas Street, Iowa City; nd / WHEREAS, the City has re eived an offer to purchase 3 sum of $152,000 (the amou the City paid to acquire t approximately $ , whic are all costs incurred by it and sell it, including abstracti and recording fees home, mowing and snow remova utilities, real est E $50,000 to repair and rehabilitate the ome; and North Lucas Street for the principal t home), plus the "carrying costs" of e City to acquire the home, maintain interest on the loan to purchase the taxes, and any costs in excess of WHEREAS, this sale would provide affdr�dable houking in a designated area surrounding the University of Iowa; and / WHEREAS, on May 6, 2014, the City Counbq Oopted a Resolution proposing to convey its interest in 324 North Lucas Street, authorizing kd blic notice of the proposed conveyance, and setting the date and time for the public hearing; WHEREAS, following the public hearing on that the conveyance is in the public interest. conveyance, the City Council finds NOW, THEREFORE, BE IT RESJ Y THE CIT COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the ey, the Mayor an the City Clerk are authorized to execute a warranty deed che City's interest in 24 North Lucas StreA legally described as the South half lock 7, Iowa City, Iowa. C:) s- 2. The City Attorney is hereby authorized to deliver said warranty deed an��ca0 out a actions necessary to consummate the conveyance required by law. 0-C I =t c-, c ., ry rD �.v r A Resolution No. Page 2 It was moved by adopted, and upon roll call there were: AYES: NAYS: Passed and approved this Approved by City Attorney's Office and seconded by ABSENT: YO ATTEST: CITY the Resolution be Botchway Dickens Dobyns Hayek Mims Payne Throgmorton .2014. � r C)"�; f rn E Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -152 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 324 NORTH LUCAS STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income - eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 324 North Lucas Street, Iowa City; and WHEREAS, the City has received an offer to purchase 324 North Lucas Street for the principal sum of $152,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $12,300, 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 $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on May 6, 2014, the City Council adopted a Resolution proposing to convey its interest in 324 North Lucas Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 324 North Lucas Street, legally described as the South half of Lot 4, Block 7, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 14 -152 Page 2 It was moved by Mims and seconded by adopted, and upon roll call there were: AYES: x x x x x x x Passed and approved this Approved by City Attorney's Office NAYS: ABSENT: Dickens the Resolution be Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 20th day of May 12014. �Sa 4 c MAYOR ATTEST: "'— CITY LERK �. CITY OF IOWA CITY 05 -20.14 MEMORANDUM Date: May 12, 2014 To: Tom Markus, City Manager, From: Steven J. Rackis, Housing Administrator, Iowa City Housing Authority Re: May 20, 2014, City Council meeting agenda item: Sale of 1821 B Street Introduction: On May 20, 2014, City Council will hold a public hearing and vote on a resolution authorizing the conveyance of 1821 B Street, Iowa City, Iowa. History/Background: The City constructed 1821 B Street, a universally designed single family home, in 2002 and sold the home to two persons with physical disabilities as part of the Affordable Dream Homeownership Program (ADHOP). On August 1, 2013, the City purchased the home back due to one of the owners being unable to continue to live independently. Discussion of Solutions: The Iowa City Housing Authority proposes to sell 1821 B Street to Logsden Properties, LLC. The amount of the sale is $215,500. Financial Impact: The sales proceeds will cover the costs of purchasing the home, the 2nd and 3d mortgages held by the Iowa City Housing Authority, and the renovation of the home. The sales proceeds will be used to develop additional homeownership /affordable housing opportunities in accordance with our Section 5(h) Implementing Agreement between the Iowa City Housing Authority and the Federal Department of Housing and Urban Development, entered into on September 14, 1993 (as amended and approved on January 8, 1998). Recommendation: Logsden Properties, LLC, intends to lease the property to persons with disabilities receiving services from Systems Unlimited, INC. Since persons with disabilities will benefit from the Universal design features contained in the home, staff recommends approval of the resolution to authorize the conveyance of 1821 B Street Prepared by: Susan Dulek, Assistant City Attorney; 410 E. Washington Street; Iowa City, IA 52240; (319) 356 -5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1821 B STREET. WHEREAS, the City Council of the City of Iowa City function as the Iowa City Housing Authority; and ( / WHEREAS, in 2002, the Cit constructed a universally desig dsingle-family house at 1821 B Street and conveyed it to two \in ns with physical disabilitie ;and WHEREAS, on August 1, 201e City purchased the pro rty back due to one of the owners being unable to continue to livependently; and WHEREAS, the City has negotiate purchase agreem purchase 1821 B Street for the princip sum of $215,500; WHEREAS, Logsden Properties, LLC, in to lease and WHEREAS, on May 6, 2014, the City Council\a, convey its interest in 1821 B Street, authorizing ptX setting the date and time for the public hearing; and WHEREAS, following the public hearing on the p that the conveyance is in the public interest. j with Logsden Properties, LLC, to home to persons with disabilities; a Resolution declaring its intent to -e of the proposed conveyance, and conveyance, the City Council finds NOW, THEREFORE, BE IT RESOLVED BY THE CITY C UNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorne ,the Mayor and th City Clerk are authorized to execute a warranty deed conveying t e City's interest in 18 1 B Street, legally described as Lot 6, Block 39, East Iowa City, lo, a, to Logsden Propertie LLC. 2. The City Attorney is hereby auth fized to deliver said warranty actions necessary to consumma the conveyance required by I It was moved by and seconded by adopted, and upon roll call there w e: and to carry out any c _ e Aution A i Prepared by: Susan Dulek, Assistant City Attorney; 410 E. Washington Street; Iowa City, IA 52240; (319) 356 -5030 RESOLUTION NO. 14 -153 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1821 B STREET. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, in 2002, the City constructed a universally designed single - family house at 1821 B Street and conveyed it to two persons with physical disabilities; and WHEREAS, on August 1, 2013, the City purchased the property back due to one of the owners being unable to continue to live independently; and WHEREAS, the City has negotiated a purchase agreement with Logsden Properties, LLC, to purchase 1821 B Street for the principal sum of $215,500; and WHEREAS, Logsden Properties, LLC, intends to lease the home to persons with disabilities; and WHEREAS, on May 6, 2014, the City Council adopted a Resolution declaring its intent to convey its interest in 1821 B Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1821 B Street, legally described as Lot 6, Block 39, East Iowa City, Iowa, to Logsden Properties, LLC. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Dobyns and seconded by Botchway the Resolution be adopted, and upon roll call there were: Resolution No. 14 -153 Page 2 AYES: x x x x x x x NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Passed and approved this 20th day of May '2014. MAYOR ATTEST: CI LERK Approved by City Attorney's Office ` Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 14 -154 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM CVS PHARMACY WHEREAS, on November 21, 2013, an employee of CVS Pharmacy, 2425 Muscatine Avenue, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of the violation, CVS Pharmacy was a retailer as defined by Iowa Code § 453A.42; and WHEREAS, pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11), a retailer is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, CVS Pharmacy has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within a two -year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of CVS Pharmacy. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: May 20th, 2014 Mayor, City of Iowa Nty I ATTEST: City 'lerk, Ci of Iowa City A * • Resolution No. Page 2 14 -154 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x x x x x Q Pavne the ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST CVS PHA CY WHEREAS, on N vember 21, 2013, an employee of CVS Pharmacy, 2425 Muscat' e Avenue, Iowa City, violate Iowa Code § 453A.2(1) by selling or providing tobacco to a tnor; and WHEREAS, at the ti e of this violation CVS Pharmacy was a retailer as d coed by Iowa Code § 453A.42; and WHEREAS, pursuant t Iowa Code § 453A.22(2) and § 453A.47A 1), a retailer shall be subjected to a civil penal of $300.00 as a result of its employee iolating Iowa Code § 453A.2(1), after a hearing nd proper notice; and WHEREAS, a hearing was Id on this date by the City C ncil to determine whether to assess the civil penalty against CVS harmacy and at said hear' g the City Council heard the facts of the violation and the arguments of he retailer, if any; and WHEREAS, this violation is the first such violatio of an employee of CVS Pharmacy within a two year period to be considered the City Co cil under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RES VED THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice an hear' g, and pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11) hereby imposes a civil e alty in the amount of $300.00 against CVS Pharmacy. BE IT FURTHER RESOLVED, that a retailer has thirty days from the date of this Resolution to pay the civil penalty in full, and ' the ivil penalty is not timely paid any applicable permit held by the retailer shall automati ally be uspended for a period of fourteen (14) days, in addition to the $300.00 civil pe lty. BE IT FURTHER RESOLV , that the Ci Clerk will forward a copy of this Resolution to the Johnson County Attorney' ffice, which wil then provide a copy of the same to the retail cigarette permit holder vi regular mail sent to e permit holder's place of business as it appears on the application for a r tail cigarette permit. PASSED AND APP VED: Mayor, City of Yowa City ATTESX': City Clerk, City of Iowa City Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 14 -155 RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST HAPPY DAZE WHEREAS, on January 10, 2014, an employee of Happy Daze, 361 E. College Street, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation Happy Daze was a retailer as defined by Iowa Code § 453A.42; and WHEREAS, pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11), a retailer shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Happy Daze and at said hearing the City Council heard the facts of the violation and the arguments of the retailer, if any; and WHEREAS, this violation is the first such violation of an employee of Happy Daze within a two year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11) hereby imposes a civil penalty in the amount of $300.00 against Happy Daze. BE IT FURTHER RESOLVED, that said retailer has thirty days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid any applicable permit held by the retailer shall automatically be suspended for a period of fourteen (14) days, in addition to the $300.00 civil penalty. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: May 20, 2014 A Mayor, City of Iow Ci ATTEST: "City rk, City f Iowa City Resolution No. 14 -155 Page 2 It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton x' ' � •n -_ __ COMPLAINT— ❑ RES ANON 0N-HE' ❑ 7 -Cl�`� ❑HIS Iai�ION -HIS 0 OCJ4 S-C&R IOWA UNIFORM CfrATION AND COMPLAINT ARMED OYES C'' NO IOWA CITY PoUUCE DEPARTM PLAINTIFF: State of Iowa - is 1,96156 JOHNSON _ No.: ❑ Ceunty of tOWA CRY ❑ City of. In the Corot it 41.7 S. CLINTON STREET, JOHNSON.POUNTY COURTHOUSE VS. � � / / k-iGL �iGt-� NAME: First Middle Defends�Last AD Address b W State zip '� r7 sty ,L, =9k G - 7.' State Co. # DL class DL End DL Rest DL /State ID Viewed? Yes ❑ Nob' %A/ Ethn. 1✓ Sex M Ht. c– —91i—wt. 16.E DOB O l l Race ' . �'T,�tTp � l0 1 at_ 7L 3'T ❑ AM 0M The undersigned states that on or about Mo. Day Yr. defendant did unlawfully: Operate Motor Vehicldl3ost (describe) Yes❑ NoO CDL Req? YesO No❑ Pass End. Req? Yes O NoO H-Mat End earn• Reg. # State Upon a public highway at Located in the county and state aforesaid �.dd !and ere commit the following offense: f— 7 ❑Traffic ❑Navigation OSnowmobilelATV OFish -Genre Oparlcs ErTobacco Space Couut Date: If you must appear m court or if you ho above named court on* a charge which does not require an appearance, report , n { / 3) l l y at - O AM ❑ PM Mo. Da Yr. NOTICE: Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. Nly signature below is not a plea of guilty, but acknowledges all of the following: 1. l hereby swear and sffum that the informstion provided by me an this citation is true tinder penalty of providing false information. said time end place, or I will comply with the provision on the 2. 1 promise to appear in said court at J� top of the reverse aide of the citation. The following applies to simple misdemeanors only. dollars acid enter my written 3. 1 hereby give my unsecured appearance bond in the amount of mst the offettse chsBe� appearance. I agree that if I fail to appear in person or by counsel to defend aga ` in this citation, the court is authorized to enter A cowiction and render judgment against me for the amount of my appearance bond in satisfaction of the penalty and surcharge plus court costs• Signature or en tit I 271' rw ..,� OA. THOWSON 00. P.O. 60X720254 nALA%TX 75372- 3125.2m NC•1 u I 4cheduled Vio /Fine S-A&JL O P.oad Construction Zone 0Non- Schednied Violation S V — 0 Court Appearance Required (805.10) Surcharge Reason: S Q ❑ P•L ❑ P.D. (SI000) Accident Do Court Costs ❑ Fatal Accident ❑ Civil Damage Assessment Not Total Fine /Costs S/1 =. —, dt'it.I.ln� 70— u-0 /4^ M t - Violation In Zone Sec• # �f ; 41— IA Code Write Speed DATA CODE Fed/Adrn. Code ---- Local Ord. In I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. This ©f /v1 l . Y No. Mo. Day Yr. Oft ry s Signature Space Couut Date: If you must appear m court or if you ho above named court on* a charge which does not require an appearance, report , n { / 3) l l y at - O AM ❑ PM Mo. Da Yr. NOTICE: Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. Nly signature below is not a plea of guilty, but acknowledges all of the following: 1. l hereby swear and sffum that the informstion provided by me an this citation is true tinder penalty of providing false information. said time end place, or I will comply with the provision on the 2. 1 promise to appear in said court at J� top of the reverse aide of the citation. The following applies to simple misdemeanors only. dollars acid enter my written 3. 1 hereby give my unsecured appearance bond in the amount of mst the offettse chsBe� appearance. I agree that if I fail to appear in person or by counsel to defend aga ` in this citation, the court is authorized to enter A cowiction and render judgment against me for the amount of my appearance bond in satisfaction of the penalty and surcharge plus court costs• Signature or en tit I 271' rw ..,� OA. THOWSON 00. P.O. 60X720254 nALA%TX 75372- 3125.2m NC•1 u I z 10 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 14 -156 RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST NORTH DODGE SINCLAIR WHEREAS, on January 10, 2014, an employee of North Dodge Sinclair, 2153 ACT Circle, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation North Dodge Sinclair was a retailer as defined by Iowa Code § 453A.42; and WHEREAS, pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11), a retailer shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against North Dodge Sinclair and at said hearing the City Council heard the facts of the violation and the arguments of the retailer, if any; and WHEREAS, this violation is the first such violation of an employee of North Dodge Sinclair within a two year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11) hereby imposes a civil penalty in the amount of $300.00 against North Dodge Sinclair. BE IT FURTHER RESOLVED, that said retailer has thirty days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid any applicable permit held by the retailer shall automatically be suspended for a period of fourteen (14) days, in addition to the $300.00 civil penalty. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: Mav 20th, 2014 Mayor, City of Iowa City ATTEST: Q� Ci ' erk, City of Iowa City Resolution No. 14 -156 Page 2 It was moved by Dobyns and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway Dickens x x Dobyns x Hayek x Mims x Payne x Throgmorton 0 T -C/W COMPLAINT 0 RES &ON -RES ` 0 OC 9 S -C &R IOWA UnTORM CITATION AND CONTLAI JT 0 HIS $-ION -HIS IOWA CITY P LICE DEPARTMENT ARMED 0 YES �SO PLAINTIFF: INC # _! �! 3S- `% (� CdState of Iowa E J 0 Cotutn' of- JOHNSON z No.:', ❑ City of: IOWA CITY In the Court at 417 S. CLINTON STREET, JOHNSON - COUNTY COURTHOUSE vs. i NAME: I?t� y W -n1,Ad /°iT1�yL Defendant, Last t Middle Address 2- & 3 100 1U City M State Zips S L A � �S/ State CO. # DL C1asS _ o DL End DL Rest. 46 DL /State ID Viewed ? - Ye*T No ❑ DOB_ /O � a J` / � Z_ Race . C� Ethn. 'Al SIX HIQ_- 0 W/B/l/A/U H /N /U � Wt The undersigned states that on or about // /.—?I / e/I ate 0 AM O&M defendant did unlawfully:. Mo. Day Yr. Operate Motor Vehicle/Boat (describe) CDL Req? Yes 0 No ❑ . Pass End. Req? Yes ❑ No 0 HazMat End Req. Yes[] No ❑ Reg. # State Year Upon a public highway at _W ,POD GJC iT N G L1r3'T � 1- Located in'tEe county and state aforesaid and did then and there commit the following offense: ❑Traffic ❑Navigation ❑Snowmobile/ATV ❑Fish -frame ❑Parks ':Tobacco �cheduled Vio/Fine $ l00 ❑ Road Construction Zone f-_ ❑Non - Scheduled Violation Surcharge $ 0 Court Appearance Required (805.10) /� Reason: Do Court Costs $ 60 .r ❑ P.I. ❑ P.D. ($1000) Accident / ❑ Fatal Accident Not Total Fine/Costs $ ! 9 J ❑ Civil Damage Assessment Violation LJ- N co ry A4 1pic �.._ Write Speed In Zone -Sec. # 0 LA Code DATA CODE Fed/Adm. Code Local Ord. in I certify under penalty of perjury and pursuant to.the laws of the State of Iowa that the preceding is true and correct. This ' Dated j I I V � / /f / "�� Mo. Day Yr. Offi er's Signature Space Court Date: If you must appear in court or if you choose to appear to answer a charge which does not require an appearance, report to the above named court on: 12 IJ . at pa /f iam ❑ PM Mo. Day Yr. NOTICE' Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. NIy signature below is not a plea of guilty, but acknowledges all of the following: 1. I hereby swear and affirm that the information provided by me on this citation is true under penalty of providing false information. 2. I promise to appear in said court at said time and place, or I will comply with the provision on the top of the reverse side of the citation. The following applies to simple im d eanors only: yj- 3. I hereby give my unsec red app nce bond min the amount of Z dollars enter my written appearance. I agree if I fail o appear in o by o sel tb defend aga' the offense charged in this citation, co A is a onz to tet a do and render ju ent against me for the amount of my coon in s lacti nrof pe d�bar Ins court costs. IA -17 -5 L .11�. GA THOMPSON CO. P.O. BOX 720254 DALLAS, TX 75372 ~ 31252227 PC-1 ,I COMPLAINT ❑ RES JKNON -RES � 1V 1 MC [�J6-C &R IOWA UNIFORM CITATION AND COMPLAUn ❑HIS ON -HI IOWA CITY PO iEPvAARTDME .� ARMED ❑ YES ❑ NO INC #__ .r PLAINTIFF: r srace of Iowa 5 a is N- 2 2 7 3 2 7 ' \ ❑County of: JOHNSON No -: _ ❑ City of- IOWA CITY t i In the Cou a 417 S. CLINTON STnREET, JOHNSON COUNTY COURTHOUSE NA : Middle Defendant, Last First r Address State Zip City C State � Co. # SS � DL Class DL End DL Rest P DL /State ID Viewed? wt I Q Q DOB 5 — Sex i v i �' Race WB A/U Ethn•H /N /U 7 The undersigned states _02-122 that on or about % at �? - — ❑ AM �PM Mo. , Yr. defendant did unlawfully: _ _ o y, -Vr G ( g `! Operate Motor Vehicle/Boat (describe) +c_—� yes ❑ No❑ CDL Req? Yes ❑ No ❑ Pass End. Req? Yes ❑ No ❑ HazMat End Re . Reg. # Statr Upon a public highway at o t to c Li Located in the county and state aforesaid d did then and there commit the folio ❑Traffc ❑Navigation ❑Snowmobile/ATV ❑Fish -Game ❑Parks ❑Tobacco Scheduled Vio/Fine S i `S ❑ Road Construction Zone s ❑ Non - Scheduled Violation Surcharge S ❑ Court Appearance Required (805.10) 3 r Reason: Do Court Costs $ E3 P.L 13 P D. ($1500) Accident Fatal Accident Not Total Fine/Cos ` 14 >r� Civil Damage Assessment %� �Y Violation j oZ IA Code Write Speed In Zone -Sec. # ` DATA CODE Fed/Adm Code -- Loc Ord In I certify under penalty of pet urY and pursuant to the Ia of the State of Iowa that the preceding is true and correct. This Dated Offic Sigoanae ID No. Mo- Day Yr. Space Court Date: R you must appear in court or if you choose to appear to answer a charge which does not requiirean a pearance, report to the bo a named court on: ❑ PM p3 / o7J/ ; at Mo. Da r• - NOTICE: Providing false information is a violation of Section �th.Cod. Iowa and is punishable as an aggravated misdemeano Pdy signature below is not a plea of guilty, but acknowledges all of the following: 1. I hereby swear and affirm that the informati on provided by me on this citation is true under penalty of providing false information.' 2. 'I promise to appear in said tout at said time and place, or I wilcomply wif)�e provision on the top of the reverse side of the eitation. L/ The following applies to simple misdemeanors only: � b �� dollars and enter my written 3. I hereby give my unsecured appearance bond in the amount of appearance. I agree that if I fail to appear in person or by counsel to defend against the offense charged in this citation, the court is authorized to enter a conviction and render judgment d�ent co�st'me for the amount of my appearance bond in satis on of the enal and surcharge p �11X / — Signature of Defendant IOWA CITY IA 17 -5 printed by G.A. Thompson • Dallas, TX 75204.1(800) 527 -0340 • www.gathompson.com r• 11 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 14 -157 RESOLUTION ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST NORTH DODGE SINCLAIR WHEREAS, on February 22, 2014, an employee of North Dodge Sinclair, 2153 ACT Circle, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation, North Dodge Sinclair was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and is subject to a $1500.00 civil penalty or thirty day retail cigarette permit suspension, at the retailer's option, for the second such violation within a two -year period; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against North Dodge Sinclair and at said hearing the City Council heard the facts of the violation and the arguments of the permittee, if any; and WHEREAS, this violation is the second such violation of an employee of North Dodge Sinclair within a two -year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2), hereby imposes either a $1500.00 civil penalty or thirty day retail cigarette permit suspension, against North Dodge Sinclair, at its option. BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty days from the date of this Resolution to choose its civil penalty by either paying the $1500.00 civil penalty in full to the City Clerk or by delivering to the City Clerk its retail cigarette permit for service of a thirty day suspension. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: May 20th, 2014 Mayor, City of Iowa City ATTEST: City City o Iowa City Resolution No. 14 -157 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway Dickens x x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 14 -158 RESOLUTION ACCEPTING PAYMENT OF $1500.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE DEN WHEREAS, on January 10, 2014, an employee of The Den, 123 E. Washington Street, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two -year period; and WHEREAS, at the time of the violation, The Den was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice, and the civil penalty for a second violation within a two year period is, at the retailer's option, $1500 or a thirty day permit suspension; and WHEREAS, The Den has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $1500.00 civil penalty to the City Clerk of the City of Iowa City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $1500.00 civil penalty on behalf of The Den. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: May 20th, 2014 Mayor, City of Iowa City ATTEST: City rk, City of Iowa City 1 -a, Resolution No. 14 -1 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUTION ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST THE DEN WHEREAS, on;' anuary 10, 2014, an employee of The Den, 123 E. Washingto/epermit Iowa Code § 453 .2(1) by selling or providing tobacco to a minor; and WHEREAS, at the ime of this violation, The Den was operating under a retail ci issued by the City o Iowa City; and WHEREAS, pursuant o Iowa Code § 453A.22(2), an establishment which h ds a retail cigarette permit is subject to a ci it penalty of $300.00 as a result of its employee v' ating Iowa Code § 453A.2(1), after a hearin and proper notice; and is subject to a $1500.0 civil penalty or thirty day retail cigarette permit uspension, at the retailer's option, for the cond such violation within a two -year period; and WHEREAS, a hearing wash d on this date by the City Counc' to determine whether to assess the civil penalty against The D n and at said hearing the City ouncil heard the facts of the violation and the arguments of t e permittee, if any; and WHEREAS, this violation is the s cond such violation an employee of The Den within atwo- year period to be considered by the ity Council and Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOL \earing BY that the City Council, after notice and imposes either a $1500.00 civil penal thi The Den, at its option. 7. BE IT FURTHER RESOLVED, that of this Resolution to choose its civil I the City Clerk or by delivering to the day suspension. '�?E CITY OF IOWA CITY CITY COUNCIL d pursuant to Iowa Code § 453A.22(2), hereby day retail cigarette permit suspension, against cigarette permittee has twenty days from the date either paying the $1500.00 civil penalty in full to its retail cigarette permit for service of a thirty BE IT FURTHER RESOLVED hat the City Cl k will forward a copy of this Resolution to the Johnson County Attorn ey's Of ce, which will the provide a copy of the same to the retail cigarette permit holder via re lar mail sent to the ermit holder's place of business as it appears on the application for a reta' cigarette permit. PASSED AND Mayor, City of ATTEST: C y Clerk, City of Iowa City Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 14 -159 RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY GASBY'S WHEREAS, on November 15, 2013, an employee of Gasby's violated Section 453A.2(1) of the Code of Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of this violation Gasby's held a retail cigarette permit and was located at 1310 S. Gilbert Street, Iowa City; and WHEREAS, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(1); and WHEREAS, pursuant to Section 453A.22(3), if an employee of a retailer violates Section 453A.2(1), the retailer shall not be assessed a penalty under Section 453A.22(2), and the violation shall be deemed not to be a violation of Section 453A.2(1) for the purpose of determining the number of violations for which a penalty may be assessed pursuant to Section 453A.22(2), if the employee in question holds a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation; and WHEREAS, the Gasby's employee who violated Section 453A.2(1) held a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation; and WHEREAS, Gasby's wishes to assert the affirmative defense set out in Section 453A.22(3) in order to avoid a civil penalty for its employee's violation of Section 453A.2(1) and has signed an Acknowledgment of Use of Section 453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and WHEREAS, a retailer may assert the affirmative defenses set out in Section 453A.22(3) only once in a four -year period for a violation of Section 453A.2 that takes place at the same place of business location and if an employee of Gasby's again violates Section 453A.2(1) within a four -year period, Gasby's will be subject to a civil penalty as provided by Section 453A.22(2), after proper notice and opportunity for hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept Gasby's use of a Section 453A.22(3) affirmative defense and should accept Gasby's signed Acknowledgment of the same. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: May 20th, 2014 Axz_�_ Mayor, City of Iowa City ATTEST: Ch er , City ot Iowa City 13 Resolution No. 14-159 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 13 Z Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. UTION ASSESSING $1500.00 CIVILLENALTY OR THIRTY DAY RETAIL ETTE PERMIT SUSPENSION AGAINST GASBY'S WHEREAS, on ovember 15, 2013, an employee oy Gasby's, 1310 S. Gilbert Street, violated Iowa Code § 453 2(1) by selling or providing tobaccp to a minor; and WHEREAS, at the tim of this violation, Gasby's J operating under a retail cigarette permit issued by the City of Io City; and WHEREAS, pursuant to low Code § 453A.22(2establishment which holds a retail cigarette permit is subject to a civil pena of $300.00 as a it of its employee violating Iowa Code § 453A.2(I), after a hearing and pro er notice; and bject to a $1500.00 civil penalty or thirty day retail cigarette permit suspensio at the retaioption, for the second such violation within a two -year period; and WHEREAS, a hearing was held on this dat6 the civil penalty against Gasby's and at said 1 violation and the arguments of the permittee, WHEREAS, this violation is the second such year period to be considered by the City Coui City Council to determine whether to assess the City Council heard the facts of the and of an employee of Gasby's within a two - `Ipwa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED THE CITY IOWA CITY CITY COUNCIL that the City Council, after notice and heari g and pursuant to wa Code § 453A.22(2), hereby imposes either a $1500.00 civil penalty or irty day retail cigare a permit suspension, against Gasby's, at its option. BE IT FURTHER RESOLVED, that sail retail cigarette permittee has enty days from the date of this Resolution to choose its civil pen lty by either paying the $1500.0 civil penalty in full to the City Clerk or by delivering to the C' Clerk its retail cigarette permit fo service of a thirty day suspension. BE IT FURTHER RESOLVED, that e City Clerk will forward a copy of this Re lution to the Johnson County Attorney's Office, hick will then provide a copy of the same to th retail cigarette permit holder via regular ail sent to the permit holder's place of business as 't appears on the application for a retail cigar a permit. PASSED AND APPROVED: Mayor, City of Iowa City ATTEST: City Clerk, City of Iowa City Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 14 -160 RESOLUTION ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST THE CONVENIENCE STORE WHEREAS, on November 15, 2013, an employee of The Convenience Store, 106 S. Linn Street, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation, The Convenience Store was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and is subject to a $1500.00 civil penalty or thirty day retail cigarette permit suspension, at the retailer's option, for the second such violation within a two -year period; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against The Convenience Store and at said hearing the City Council heard the facts of the violation and the arguments of the permittee, if any; and WHEREAS, this violation is the second such violation of an employee of The Convenience Store within a two -year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2), hereby imposes either a $1500.00 civil penalty or thirty day retail cigarette permit suspension, against The Convenience Store, at its option. BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty days from the date of this Resolution to choose its civil penalty by either paying the $1500.00 civil penalty in full to the City Clerk or by delivering to the City Clerk its retail cigarette permit for service of a thirty day suspension. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: May 20th, 2014 Aldq_e�R^ Mayor, City of Iowa City ATTEST: 7Z, Ci rk, Citylof Iowa City 14 Resolution No. 14 -160 Page 2 It was moved by Dickens and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton (i 0 T -C/W COMPLAINT WNES ❑ NON -RES i 0 OC VS -C &R IOWA UNIFORM CITATION AND COMPLAINT HIS ANON-HIS Iowa CITY POI 10E D P Y E ARMED ❑ YES ❑ NO PLAINTIFF: INC # VState of Iowa [ic 189333 0 County of: JOHNSON _ No.: ❑ City of: 4 IOWA CITY In the Court at 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE vs. NAME: 54- L4 C i Yq j Defendant, Last First tddle Address w- � 63 ) J State 7;�7k Zip S L# 3 1 State CO. # 5 �_ DL Class DL End "� Y�I Rest.._ DL /State ID Viewed? Yes$ No ❑ DOB 51 0 '71 %n Race h,,- Ethn. Sex Ht.—z � Wt. W /B /l/A/U H/N U - The undersigned states that on or about % r at J ° % ❑ AM WPM defendant did unlawfully: o. D Yr. 'r Operate Motor Vehicle/Boat (describe) 4 A ' ° CDL Req? Yes 0 No ❑ Pass End. eq? Yes ❑ NOD HazMat End Req. Yes 0 No ❑ Reg. # State Year Upon a public high h V1, v~ • tp e Located in the county and state aforesaid and did orrtmit the following offense: 0 Traffic 0 Navigation 0 Snowmobile/ATV ❑ Fish -Game ❑ Parks ❑ Tobacco . QKcheduled Vio /Fine a S ❑ Road Construction Zone My signature below is not a plea of guilty, but acknowledges all of the following: 1. I hereby swear and affirm that the information provided by me on this citation is true under penalty of providing false information. 2. I promise to appear in said coEd at id time and place, or I will comply with the provision on the to of the reverse side of the 1on;• The following applies to simple e 6anors only: L/ 3. I hereby give my unsecur appe nce bond ' he amount of dollars and enter my written appearance.I agree tha fI fa' to appear' p on or by counsel to defend against the offense charged in this•.citation, the c i uthorized ter a onviction and render judgment against me for the amount of my app nc and in satin c ' penalty and surcharge plus court costs. !=! _V [A-17-5 WPM :L _ _.._ G.A. HOMPSON CO. P.O. BOX 720254 DALLAS. TX 75372 31252227 _ - P41 ❑ T-v," COMPLAINT ❑ OCKS -M IOWA �QM CrrwrloN AND w�tnmrr �ES -g WW-RES CA IOWA CITY POLICE DEP D IP ARMED ❑ YES ❑ NO P INC #— Lt- a V 0A Estate ows ❑ County Of JOHNSON No.: C lip 2 :21f73 2 Q ❑ City of IOWA CITY In the urt at 417 S. CLINTON STREET JOHNSON COUNTY COURTHOUSE NAME: >kf iYC� ,. endant, � F' Address city X L-14 6 ( sQziltate � ��,P -5= s - state Co. # —5—&— ' DL.G7asa G DL End DL Rest_. 0--DL /yStya�te ID ewedD7 Yes J Q DOB � � / R%1 �% T>x undersigned states that on or about a — ' -Ht at �' ❑ AM I defendant did unlaw[ully; Mo. Day r. Operate Motor Vehicldl3ost (deacnye) .a o r' CDL Req? YesQ NOD. .. Pass t A Req? Yes❑ NoQ HazNfat End Req;'ya ❑ - No Reg. # state _Year C _ IJpon a public highway at a' n V Q.h , w i iw JYs �� .7a ♦' h.. Located mltbe county and state afoa esatd and did then and dime tsimmit the following tii�Oae; Q1•ra�c []Navigation ❑SnodlnobWATV QFWwame . Qparfta ❑Tobacco 4cheduled Vo/Fiae S L ❑ Road Construction Zone ` Smrharge S Q p [] Non- Scheduled Violation QRoappearance Regdved (805.10) Do CdO`t Coati $ OP-1. OP.D. ($1500) Accident 9�- o Accident Not Total Fine/Costs Damage A�amcct violation CG o 06 4— C Write SPeed In Zane -S X. # DATA CODE g� Lode .. Code In focal Ord. I off* under penalty ofPcdury and pttraraot to the laws of the State of Iowa that the In is true and correct, This Dated o a) oZ6 Ma ` Do Yr. Space ID Court Date: Ifyot Must appear in Court or if you choose to which a2p, not appear to answer a charge / le, report to me Opft anamed coatM Q P7ri Yr. NOTICE: prmid litJae a violation of Section 719.3 �Co& ` Iowa and is punishable as an aggravated misdemesnor. MY signature below is not a plea of guilty, but acknowledges all of the following. of � the iafaamiation Pmvided by me as this citatim u tree uodet peoaLty 2. I p101111in to appear in acid coop at said time and place, or I w�11 the top of tba remse aide of me ciMieo �P1Y with ovidon on &0- r 3. The Ifo luw applies b simpke miad_cu_ only ` �. 1;; y �l hereby pre my unsecured appearance bond in me amount of a r` G 1 . ;, . r „(� fir +s �eataoee I ap�ee dntff I Sail to appear in pence or by oonmd dollars and Cola mYy writtsa ! i i E F `<<� `r Irr m this dtadoo, fhe in or and b eater a conviction sad o�idue chityed 2 p i amount of Jadlt� agi®at are fior met ID7' on of me p-sky and Plus coats. j h, IOWA t31Y U 17 -5 printed DY GA Thompson •[has; Tx 75204.1(appl Ste/ , y� 9NthoMP5DnWM .fI Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 14 -161 RESOLUTION ASSESSING $1500.00 CIVIL PENALTY AND THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST THE CONVENIENCE STORE WHEREAS, on February 22, 2014, an employee of The Convenience Store, 106 S. Linn Street, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation, The Convenience Store was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit may be subjected to a civil penalty of $300.00 the first time its employee violates Iowa Code § 453A.2(1), either a $1500.00 civil penalty or a suspension of its permit for a period of thirty (30) days the second time its employees violate § 453A.2(1) within a two -year period, and both a $1500.00 civil penalty and a thirty (30) day permit suspension the third time its employees violate § 453A.2(1) within a three -year period, all after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against The Convenience Store and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the third such violation of an employee of The Convenience Store within a three -year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2), hereby imposes a $1500.00 civil penalty and thirty day retail cigarette permit suspension against The Convenience Store. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to pay the $1500.00 civil penalty in full to the City Clerk and to deliver to the City Clerk its retail cigarette permit for service of a thirty day suspension. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: May 20th, 2014 Mayor, City of Iowa City ATTEST: Ci rk, City of Iowa City 15 z Resolution No. 14 -161 Page 2 It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 14 -162 RESOLUTION ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST ZOMBIES WHEREAS, on November 15, 2013, an employee of Zombies, 316 E. Burlington Street, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation, Zombies was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and is subject to a $1500.00 civil penalty or thirty day retail cigarette permit suspension, at the retailer's option, for the second such violation within a two -year period; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Zombies and at said hearing the City Council heard the facts of the violation and the arguments of the permittee, if any; and WHEREAS, this violation is the second such violation of an employee of Zombies within a two year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2), hereby imposes either a $1500.00 civil penalty or thirty day retail cigarette permit suspension, against Zombies, at its option. BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty days from the date of this Resolution to choose its civil penalty by either paying the $1500.00 civil penalty in full to the City Clerk or by delivering to the City Clerk its retail cigarette permit for service of a thirty day suspension. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: May 20th, 2014 Mayor, City of Iowa City �\ ATTEST: �1 Ci 1 , City of Iowa City Resolution No. 14 -162 Page 2 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton -- -- - - -- -- - CC1h�1PLAlNT - -- ---- -- - --- 110 0 T -C/bV ARES '❑ NON -RES ❑ OC 7 C -C &R IOWA UNIFORM CITATION AND COMPLAINT ❑ HIS C7NON -HIS IOWA CITY PrtUCE DEPARTMENT ARMED 0 YES 0 NO PLAINTIFF: INC x 3 I Mate of Iowa JOHNSON ❑County of: — 1ao.: 0 ❑ City of: IOWA CITY In the .. r ourt _ 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE vs. I NAME: Defendant, L st First / tddle Address City 1, e State Zip 5 SS/ L a `t'� t�D 3 S. State } Co. # DR _ DL Class DL End DL Rest. r7� DL /State ID Viewed? Yes ❑ No DOB i g `� Race k�- Ethn. Sex —Ht. Wt. ° WB /I /A/U H/ /U The undersigned states that on or about �) % at 5� ❑ AM PM defendant did unlawfully: o. Day Yr * C Operate Motor '? Vehicle/Boat (describe) xA �y` u `{ ) � o ,, S CDL Req? Yes ❑ No ❑ Pass End. Req? Yes 0 No ❑ HazMat End Req. Yes ❑ No 0 Reg. # _ State Year Upon a public highway at Located in the county and state aforesaid and did then and there commit the following offense: ❑Traffic ❑Navigation ❑Snowmobile/ATV ❑Fish -frame ❑Parks ❑Tobacco . Do Not Write 'Scheduled Vio/Fine :S ❑ Road Construction Zone 0 Non- Scheduled Violation Surcharge $ 0 Court Appearance Required (805.10) G u _ Reason: Court Costs $ ED P.I. I-] P.D. ($1000) Accident j q Fatal Accident Total Fine /Costs ( 1 E) Civil Damage Assessment } j r Violation —1 / l , cw d-•� " r2? r Speed In Zone -Sec. # 3 , ' ) 2 IA Code DATA CODE Fed/Adm. Code Local rd. I certify under penalty of perjury and pursuant to the law of the State of Iowa that the preceding)is true and co)rrZect. Dated Mo. Day Yr. lcer'sSign re e/J No. (/L Court Date: If you must appear in court or if you c Dose to appear to answer a charge whir does not re uire an q pearance, report to above named court on: � at feu VAM 11 PM Mo. Day Yr. NOTICE: Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. My signature below is not a plea of guilty, but acknowledges all of the following: 1. I hereby swear and affirm that the information provided by me on this citation is true under penalty of providing false information. 2. I promise to appear in said court at said time and place, or I will comply with the provision on the top of the reverse side of the citation. The following applies to simple misdemeanors only: 3. 1 hereby give my unsecured appearance bond in the amount of dollars and enter my written appearance. I agree that if I fail to appear in person or by counsel to defend against the offense charged in this citation, the court is authorized to enter a conviction and render judgment against me for the amount of my appearance bond in satisfaction of the penalty and surcharge plus court costs. Signature of Defendant [A -17 -s 1, -r- - GA. OMPSON CO. P.O. BOX 720254 DALLAS, TX 75372