HomeMy WebLinkAbout2015-05-19 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356-5040.
Iowa City
City Council Agenda
Regular Formal CITY OF IOWA CITY
May 19, 2015 - 7:00 p.m.
City Hall — Harvat Hall
410 E. Washington Street
www.icgov.org
ITEM 1. CALL TO ORDER.
ITEM 1 a Roll Call
ITEM 2. STUDENT LEADERSHIP AWARDS — Mark Twain Elementary
ITEM 2a Molly Hippert
ITEM 2b Rachel Livio
ITEM 2c Karla Nava
ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
ITEM 3a. Approval of Council Actions, subject to corrections, as recommended by
the City Clerk:
ITEM 3a(1) May 5 Work Session
ITEM 3a(2) May 5 Formal Official .& Complete
ITEM 3b. Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
ITEM 3b(1)
Airport Commission— March 19
ITEM 3b(2)
Airport Commission— April 7
ITEM 3c. Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal
ITEM 3c(1)
Class C Liquor License for Pershell Corporation, dba Colonial Lanes,
ITEM 3c(2)
2253 Highway 218 S.
Class C Liquor License for Quzer Inc., dba Shakespeare's, 819 1 St Ave S.
ITEM 3c(3)
Class E Liquor License for New Pioneer Cooperative, dba New Pioneer
Food Co-op, 22 S. Van Buren St.
ITEM 3c(4)
Class C Liquor License for Linn Street Caf6, Inc., dba Linn Street Cafe,
Inc., 121 North Linn St.
ITEM 3c(5)
Class B Beer Permit for NPC International, Inc., dba Pizza Hut #4358,
1926 Keokuk St.
ITEM 3c(6)
Class E Liquor License for The Outlet, Inc., dba Smokin' Joe's Tobacco
And Liquor Outlet #18, 1901 Broadway St.
ITEM 3c(7)
Class C Beer Permit for Suburban Investors L C, dba Suburban Amoco,
370 Scott Court
ITEM 3c(8)
Class C Beer Permit for Kwik Trip Inc., dba Tobacco Outlet Plus #537,
923 S. Riverside Dr.
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
LATE HANDOUTS
Information submitted between distribution of packet on Thursday and close of business on
Monday.
SENT CALENDAR
ITEM 3b(3) Planning and Zoning Commission —April 16, 2015
Reso u
ITEM 3d(3) EAST HARRISON STREET RECONSTRUCTION PROJECT - See revised
comment and resolution.
Comment: Bids for this project were opened on Wednesday,
May 13, 2015,
and the following bids were received:
Base Bid
Alternate
Carter and Associates, Inc. Coralville, IA
$ 516,400.00
$ 62,600.00
Calacci Construction Co., Inc. Iowa City, IA
$ 530,853.00
$ 75,541.00
All American Concrete, Inc. West Liberty, IA
$ 552,368.50
$ 59,840.30
Engineer's Estimate
$ 511,000.00
Public Works and Engineering recommend award of the contract to Carter and
Associates, Inc. of Coralville, Iowa in the amount of $579,104.00 which includes
the base bid and the alternate bid for additional intersection paving. The project
will be funded by General Obligation bond proceeds and Stormwater revenues.
The Engineer's estimated construction cost has been revised from $450,000 to
$511,000 to reflect additional storm sewer work which was added by addendum.
Setting Public Hearing:
ITEM 3e(2) FIBER INFRASTRUCTURE - IOWA CITY SOUTH PART 1 - DUCT
INSTALLATION — See resolution and memo
Regular Agenda:
ITEM 5c NORTH EAST CORNER OF COLLEGE STREET AND GILBERTS STREET
[CHAUNCEY] - See additional correspondence
INFORMATION PACKET 5/14:
Copy of letter from Mayor Hayek to ICCSD Board Members [Email response from Chris Lynch,
President ICCSD]: High School Boundary Discussions
May 19, 2015 City of Iowa City Page 2
ITEM 3c(9) Class E Liquor License for Iowa CVS Pharmacy, LLC., dba CVS/
Pharmacy #8547, 2425 Muscatine Ave.
ITEM 3c(10) Outdoor Service Area for Kennedy Investments, Inc., dba The Vine
Tavern & Eatery, 330 E. Prentiss St.
ITEM 3c(11) Outdoor Service Area for Lusarti, Inc., dba Quinton's Bar & Deli, 215
Washington St.
ITEM 3c(12) Outdoor Service Area for Devotay, Inc., dba Devotay, 117 N. Linn St.
ITEM 3c(13) Outdoor Service Area for RBD Iowa City, LLC., dba Share Wine Lounge
& Small Plate Bistro, 210 S. Dubuque St.
New
ITEM 3c(14) Class B Beer Permit for Summer of the Arts Inc., dba Iowa Arts Festival,
100 Iowa Ave.
ITEM 3c(15) Class B Beer Permit for Summer of the Arts Inc., dba Iowa City Jazz
Festival, 16 N. Clinton St.
ITEM 3c(16) Class B Beer Permit for Summer of the Arts Inc., dba Iowa City Soul
Festival, 16 N. Clinton St.
ITEM 3d. Resolutions and Motions:
ITEM 3d(1) UISG APPOINTMENT — MOTION APPROVING THE APPOINTMENT
OF JACOB SIMPSON AS THE ALTERNATE CITY COUNCIL LIAISON
FROM THE UNIVERSITY OF IOWA STUDENT GOVERNMENT (UISG)
TO THE CITY COUNCIL UNTIL MAY 1, 2016.
Comment: This motion affirms the appointment of an alternate UISG
representative for 2015-2016. Correspondence from UISG President is
included in the packet.
ITEM 3d(2) MACKINAW VILLAGE PART SIX RESOLUTION APPROVING FINAL
PLAT. (SUB15-00003)
Comment: A preliminary plat of Mackinaw Village Part Six was approved
on March 9, 2015. Staff recommends approval of the final plat subject to
approval of legal papers and construction drawings by the City Attorney
and City Engineer. It is anticipated that legal papers and construction
drawings will be approved prior to the City Council meeting. Approval will
allow the development of Mackinaw Village Part Six, an 8 -lot with one
outlot, 4.59 -acre residential subdivision located west of Mackinaw Drive.
May 19, 2015
City of Iowa City Page 3
ITEM 3d(3) EAST HARRISON STREET RECONSTRUCTION — RESOLUTION
AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE EAST HARRISON STREET
RECO'STRUCTION PROJECT.
Comment: ids for this project were opened on Wednesday, May 13,
2015, and th following bids were received: `\
\ Base Bid
Carter and As\includes
, Inc. Coralville, IA $ 516,504. 0
Calacci Constompany Iowa City, IA $ 530,853.0
All American , Inc. West Liberty, IA $ 552,368.5
Engineer's Es $ 510,677.77
Public Worksgin ring recommend award the contract to
Carter and s, In . of Coralville, Iowa in he amount f
$516,504.00 ludes o the base bid. The proje will be funded
by General Obond proc ds.
ITEM 3d(4) 2015 LANDFILL CHEMICAL STORAGE BUILDING REPLACEMENT —
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
5��� MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE 2015 LANDFILL CHEMICAL
STORAGE BUILDING REPLACEMENT PROJECT.
Comment: Bids for this project were opened on Tuesday, May 12, 2015,
and the following bids were:
Selzer Werderitsch Assoc. Iowa City, IA $ 139,600.00
Tricon General Const. Cedar Rapids, IA $ 147,000.00
Calacci Const. Iowa City, IA $ 152,225.00
Engineer's Estimate $ 100,000.00
Public Works and Engineering recommend award of the contract to
Selzer Werderitsch Associates of Iowa City, Iowa. The project will be
funded with Landfill revenues.
ITEM 3d(5) ROBERT A. LEE RECREATION CENTER FITNESS ENCLOSURE -
RESOLUTION ACCEPTING THE WORK FOR THE ROBERT A. LEE
RECREATION CENTER FITNESS ENCLOSURE PROJECT.
/5°I Comment: The project has been completed by Apex Construction
Company of Iowa City, Iowa, in substantial accordance with the plans and
specifications. The Engineer's Report and Performance and Payment
bonds are on file with the City Engineer.
❖ Project Estimated Cost: $ 49,500.00
❖ Project Bid Received: $ 55,700.00
❖ Project Actual Cost: $ 55,865.33
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www.icgov.org
LATE HANDOUTS
Information submitted between distribution of packet on Thursday and close of business on
Monday.
CONSENT CALENDAR
ITEM 3b(3) Planning and Zonin mission April 16, 2015-----
o ution:
ITEM 3d(3) EAST HARRISON STREET RECONSTRUCTION PROJECT - See revised
comment and resolution.
Comment: Bids for this project were opened on Wednesday, May 13, 2015,
15 - `-5 7 and the following bids were received:
Setting Put
ITEM 3e(2)
Base Bid Alternate
Carter and Associates, Inc. Coralville, IA $ 516,400.00 $ 62,600.00
Calacci Construction Co., Inc. Iowa City, IA $ 530,853.00 $ 75,541.00
All American Concrete, Inc. West Liberty, IA $ 552,368.50 $ 59,840.30
Engineer's Estimate $ 511,000.00
Public Works and Engineering recommend award of the contract to Carter and
Associates, Inc. of Coralville, Iowa in the amount of $579,104.00 which includes
the base bid and the alternate bid for additional intersection paving. The project
will be funded by General Obligation bond proceeds and Stormwater revenues.
The Engineer's estimated construction cost has been revised from $450,000 to
$511,000 to reflect additional storm sewer work which was added by addendum.
FIBER -INFRASTRUCTURE - IOWA CITY SOUTH PART 1 7—DUCT
INSTALLATION — See resolution and memo
Regular Agenda:
ITEM 5c NORTH EAST CORNER OF COLLEGE STREET AND GILBERTS STREET
[CHAUNCEY] - See additional correspondence
INFORMATION PACKET 5/14:
Copy of letter from Mayor Hayek to ICCSD Board Members [Email response from Chris Lynch,
President ICCSD]: High School Boundary Discussions
May 19, 2015
ITEM 3d(6)
ITEM 3d(7)
ITEM 3d(8)
City of Iowa City Page 4
ACCESS EASEMENT RELEASE — RESOLUTION APPROVING THE
RELEASE OF AN ACCESS EASEMENT ON LOTS 6-10, NORTH
AIRPORT DEVELOPMENT, IOWA CITY, IOWA.
Comment: A request has been received to release an access easement
along the north property lines of Lots 6-10, North Airport Development
which was included on the Final Plat. As development has progressed in
and around North Airport Development, none of the properties have taken
advantage of the access easement in their site development and it is
recommended that the access easement be released restoring full rights
of use to the owners of the properties.
UNITE PRIVATE NETWORKS LICENSE AGREEMENT RESOLUTION
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
UNITE PRIVATE NETWORKS, LLC TO USE A PORTION OF CITY
STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION,
OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK.
Comment: This agreement will allow Unite Private Networks, LLC to
install, operate, and maintain a buried conduit containing fiber optic cable
within City of Iowa City public rights-of-way. The installation will be
located at various locations throughout Iowa City.
PARKING GARAGE MAINTENANCE PROGRAM 2015 - RESOLUTION
APPROVING THE CITY COUNCIL AWARD DATE TO ACT UPON THE
BIDS RECEIVED FOR THE PARKING GARAGE MAINTENANCE
PROGRAM 2015 PROJECT
Comment: The City Council award date was incorrectly included in the
resolution and on the agenda approving plans, specifications, form of
contract and estimate of cost for the construction of the Parking Garage
Maintenance Program 2015 Project on May 5, 2015. This resolution
corrects the City Council award date to act upon the bids received to June
2, 2015.
ITEM 3d(9) LOCAL PUBLIC TELEVISION AGREEMENT (PAN) - RESOLUTION
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC.
FOR FUNDING, OPERATION, AND MANAGEMENT OF THE LOCAL
S — 3 PUBLIC ACCESS FUNCTION.
Comment: The City has, for over 25 years, contracted with Public Access
Television, Inc. ("PATS") to manage and operate the local public access
channel and functions with funding to be provided by cable subscribers.
The most recent two-year agreement has expired, and City staff has
negotiated a new agreement that is similar to previous agreements, with
modifications made to reflect the loss of funding expected in August 2018.
A letter from the Telecommunication Commission recommending
approval is contained in the Council packet.
May 19, 2015
ITEM 3d(10)
City of Iowa City
Page 5
SUMMER OF THE ARTS AGREEMENT - RESOLUTION APPRC
AN AGREEMENT BETWEEN THE CITY AND SUMMER OF THE
INC. TO ALLOW TEMPORARY AND LIMITED SALE, CONSUMF
AND POSSESSION OF BEER AND NATIVE WINE DURING ART
FEST, JAZZ FEST, AND IOWA SOUL FESTIVAL WITHIN A SPE
AREA ON A CITY STREET.
Comment: Section 4-5-3 of the City Code allows for sale and
consumption of alcohol in a city park. On a right-of-way, or other pi
ground, excluding public buildings, pursuant to written agreement.
agreement, which is attached to the resolution, allows Summer of 1
Arts, Inc. (SOTA) to sell beer and native wine in a fenced off area c
Ave., during Arts Fest, on No. Clinton St. during Jazz Fest, and or
Clinton St. during Iowa Soul Festival. The exact locations and
dimensions of the sites are attached as exhibits to the proposed
agreement. The agreement is substantially similar to the one executed
last year.
ITEM 3e. Setting Public Hearings:
ITEM 3e(1) HOSPITAL EXPANSIONS -- MOTION SETTING A PUBLIC HEARING
FOR JUNE 2 ON AN ORDINANCE AMENDING TITLE 14: ZONING TO
CREATE AN EXEMPTION FROM THE FLOOR AREA RATIO
LIMITATION AND ESTABLISH NEW HEIGHT STANDARDS FOR
HOSPITALS LOCATED IN THE COMMERCIAL OFFICE (CO -1) ZONE.
Comment: At its May meeting, by a vote of 7-0, the Planning and Zoning
Commission recommended approval of this zoning code amendment.
Approval will allow expansion of hospitals in the Commercial Office zone.
ITEM 3f. Correspondence:
ITEM 3f(1) Mike Colleran: Socioeconomic Integration / Equity Plan
ITEM 3f(2) Dennis Befeler: Concern about Council Members Dobyns comments
at school listening post
ITEM 3(3) Ann Stromquist: Talk on militarization of police and mass
incarceration — Tuesday, May 12
ITEM 3f(4) Maureen Arensdorf: Proposed Resolution [Staff response included]
ITEM 3f(5) Cliff Pirnat: Buy outs [Staff response included]
ITEM 3f(6) City Engr.: Competitive Quotation Results
END OF CONSENT CALENDAR.
Action:_
ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON TH GENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to "City Council
Information" item at the end of the meetinq agenda.
I t ICITY OF IOWA CITY
. ,MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: May 19 Agenda Addition
Consent Calendar
Setting Public -Hearings:
ITEM 3e(2)
(ADDITION) FIBER INFRASTRUCTURE - IOWA CITY SOUTH PART 1`-- DUCT
INSTALLATION — RESOLUTION SETTING A PUBLIC HEARING ON JUNE 2,
2015 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE FIBER INFRASTRUCTURE -
IOWA CITY SOUTH PART 1 - DUCT INSTALLATION PROJECT, DIRECTING
CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE
CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This project involves the installation of HDPE duct and handholes
from Napoleon Lane to the South Wastewater Treatment Plant. The estimated
construction cost is $200,000 and will be funded with General Obligation bond
proceeds.
May 19, 2015 City of Iowa City Page 6
ITEM 5. PLANNING AND ZONING MATTERS. . (In accordance with the City Attorney's
memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications".
Council will discuss # 5b, 5c at formal meeting)
ITEM 5a
M1 -
COURT STREET AND TAFT AVENUE — AMENDING THE
SOUTHEAST DISTRICT PLAN, AN ELEMENT OF THE
COMPREHENSIVE PLAN, TO CHANGE THE LAND USE
DESIGNATION FROM "MIXED USE" TO "LOW/MEDIUM DENSITY
MIXED RESIDENTIAL" FOR PROPERTY LOCATED SOUTH OF
COURT STREET, WEST OF TAFT AVENUE. (CPA15-00002)
Comment: At its April 16 meeting, by a vote of 6-0 (Swygard absent), the
Planning and Zoning Commission recommended approval of the
proposed Comprehensive Plan amendment. Approval would change the
Comprehensive Plan designation of the property at the South West
corner of Court Street and Taft Avenue from `Mixed Use' to Medium/High-
Density Single Family, Townhouse and Multi -Family Residential.
1. PUBLIC HEARING
Action:
2. ONSIDER ESOL`UTION 1
Action: _
ITEM 5b COURT STREET AND TAFT AVENUE — REZONING
APPROXIMATELY 3.34 ACRES OF PROPERTY LOCATED SOUTH OF
COURT STREET, WEST OF TAFT AVENUE FROM NEIGHBORHOOD
COMMERCIAL (CN -1) TO LOW DENSITY MULTI -FAMILY (RM -12).
(REZ15-00005)
Comment: At its April 16 meeting, by a vote of 6-0 (Swygard absent), the
Planning and Zoning Commission recommended approval of the
proposed rezoning. Approval would allow the development of a mix of
duplexes, four-plexes and a multi -family building subject to conditions
including conformance with a site concept plan. A protect of rezoning has
been received and is included in the Council packet.
1. PUBLIC HEARING
Action:
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2. CONSIDER ORDINANCE (FIRSTON IDERATION)
Action:
May 19, 2015
City of Iowa City Page 7
ITEM 5c NORTH EAST CORNER OF COLLEGE STREET AND GILBERT
STREET [CHAUNCEY] — REZONING APPROXIMATELY 27,200
SQUARE FEET OF PROPERTY LOCATED NORTH OF COLLEGE
STREET, EAST OF GILBERT STREET FROM PUBLIC (P-1) AND
CENTRAL BUSINESS SUPPORT (CB -5) TO CENTRAL BUSINESS
DISTRICT (CB -10). (REZ15-00006)
Comment: At its April 16 meeting, by a vote of 3-3 (Freerks, Martin and
Theobald voting in the affirmative; Swygard absent), the Planning and
Zoning Commission failed to recommend approval of the proposed
rezoning. Approval with staff -recommended conditions would allow the
development of a mixed-use building up to 15 stories in height, building
height step -backs at the third and fifth floors, a minimum of two floors of
Class A Office space and all required residential parking being provided
on-site. A protect of rezoning has been received and is included in the
Council packet.
1. PUBLIC HEARING �-, " 3 I
Action:
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�Sw� U 2. CONSIDER AN NANCE (FIRST CONSIDERATION) Svv)
Action:
ITEM 5d BLOCK 43 ALLEY [CHAUNCEY] -- MOTION SETTING A PUBLIC
HEARING FOR JUNE 2 ON VACATING THE WESTERN 160 FEET OF
THE 20 -FOOT WIDE ALLEY RIGHT OF WAY IN BLOCK 43, CITY OF
IOWA CITY (VAC15-00001)
Comment: As part of the redevelopment of the Northeast corner of
College St / Gilbert St, it will be necessary to vacate the western 160 of
the alley right of way in Block 43. The area occupied by alley right of way
would remain in City ownership unless and until it is conveyed as a part of
conveyance of the property at the Northeast corner of College Street /
Gilbert St. It is anticipated that the Planning and Zoning Commission will
make a recommendation on the proposed alley vacation at its May 21
meeting.
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Action: _. \ � tak 9�� (.' �)
ITEM 5e PLEIADES FIRST ADDITION — RESOLUTION APPROVING A
PRELIMINARY PLAT. (SUB15-00004)
15-1& 7 Comment: At their April 2 meeting by a vote of 7-0 the Planning and
Zoning Commission recommended approval of the preliminary plat.
Approval will allow development of a 2 -lot, 7.15 acre subdivision.
Action:
b
May 19, 2015 City of Iowa City Page 8
ITEM 6.
/5_ J& ?
ITEM 7.
2015 HIGHLAND AVENUE WATER MAIN REPLACEMENT — APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE 2015 HIGHLAND AVENUE WATER MAIN
REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This project includes the replacement of existing water main along
Highland Avenue from Marcy Street to Lukirk Street. The estimated construction
cost is $196,000 and will be funded with Water revenues.
a. PUBLIC HEARING
b. CONSIDER A RESOLUTION
Action:
CONCESSIONS AT TRUEBLOOD RECREATIONAL AREA - APPROVING A
CONCESSION AGREEMENT WITH FIN & FEATHER H2O LLC FOR THE
PROVISION OF RECREATIONAL RENTAL EQUIPMENT AND FOOD SERVICES
AT TERRY TRUEBLOOD RECREATION AREA.
Comment: The City and Fin & Feather H2O LLC ("Fin & Feather") signed a 3 -year
agreement for the provision of rental equipment and food services at Terry Trueblood
Recreational Area that will expire on August 31, 2015. The agreement provides for
two, 2 -year renewals. Fin & Feather would like to renew the agreement through
August 31, 2017 on the same terms. Because the total term will exceed 3 years,
state law requires a public hearing.
a. PUBLIC HEARING
fi
b. CONSIDER A RESOLUTION'S
Action: 0 b
ITEM 8. COUNCIL COMPENSATION - ORDINANCE AMENDING CITY CODE TITLE 1,
ENTITLED "ADMINISTRATION," CHAPTER 5, ENTITLED "MAYOR AND CITY
COUNCIL," TO CHANGE THE REVIEW PROCESS FOR CITY COUNCIL
MEMBERS AND THE MAYOR. (FIRST CONSIDERATION)
Comment: The recent Charter Review Commission recommended that Council
examine the issue of Council compensation. At the May 5 work session Council
directed staff to prepare an ordinance requiring annual inflation adjustments to the
compensation provided to Council.
May 19, 2015 City of Iowa City Page 9
ITEM 9.
/5-41&Zo
ITEM 10
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ELIMINATION DEFAULT JAIL TIME - ORDINANCE AMENDING TITLE 1,
ENTITLED "ADMINISTRATION," CHAPTER 4, ENTITLED "GENERAL
PENALTY," AND TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5,
ENTITLED "MISCELLANEOUS OFFENSES," TO ELIMINATE THE DEFAULT
PENALTY OF JAIL TIME FOR UNSCHEDULED SIMPLE MISDEMEANORS AND
ESTABLISH THE PENALTY FOR INDECENT EXPOSURE. (SECOND
CONSIDERATION)
Comment: On April 3, 2015, the Iowa Supreme Court ruled in State v. Young that
the Iowa Constitution requires court appointed counsel for indigent defendants in
simple misdemeanors if the penalty includes the possibility of jail time. The penalty
for many of the City's simple misdemeanors is a set fine (aka, a scheduled offense),
but if the penalty is not specified in the ordinance, the penalty defaults to Iowa Code
section 903.1(1)(a). Under section 903.1(1)(a), the fine for a simple misdemeanor
ranges from $65.00 to $625.00, and additionally the court may order imprisonment not
to exceed 30 days. Before State v. Young, a defendant was provided with counsel
only upon the prosecutor's notification to the court that it intended to request jail time.
The City Attorney's Office can only recall one instance in over twenty (20) years in
which the City requested that a defendant be sentenced to jail and the offense was
for indecent exposure in City Park. Staff believes it appropriate for the default penalty
for simple misdemeanors to be limited to a fine, but the penalty for indecent
exposure include the possibility of jail. Staff requests expedited action.
k7T
Action:
CHARTER AMENDMENTS - ORDINANCE AMENDING THE IOWA CITY CHARTER
PREAMBLE, AND ARTICLE II (CITY COUNCIL) SECTION 2.06 (MAYOR),
ARTICLE III (NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION)
SECTION 3.01 (NOMINATION), ARTICLE IV (CITY MANAGER) SECTION 4.02
(ACCOUNTABILITY; REMOVAL), ARTICLE V (BOARDS, COMMISSIONS AND
COMMITTEES), SECTION 5.01 (ESTABLISHMENT) AND SECTION 5.02
(APPOINTMENT; REMOVAL), ARTICLE VI (CAMPAIGN CONTRIBUTIONS AND
EXPENDITURES) SECTION 6.03 (DEFINITION) AND ARTICLE VII (INITIATIVE
AND REFERENDUM) AS RECOMMENDED BY THE CHARTER REVIEW
COMMISSION. (PASS AND ADOPT)
Comment: The recommendations of the Charter Review Commission were submitted
to Council by written report dated March 9, 2015 and presented to Council at its work
session on April 7, 2015. The Charter requires that the Council either adopt the
Commission's recommendations or submit them to the voters. In accordance with
Council direction, the proposed ordinance will enact all of the Commission's
recommendations.
May 19, 2015 City of Iowa City Page 10
ITEM 11. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City and
be 18 years of age unless specific qualifications are stated. [Staff will not publish
additional notices after a period of six publications; but will continue to advertise
vacancies with postings and on the Council agenda. However, no additional
publication costs will be incurred.]
ITEM 11a Airport Zoning Brd. of Adjustment — One vacancy to fill a five-
year term January 1, 2014 — December 31, 2018(Formerly
advertised; Full term)
ITEM 11b Airport Zoning Brd of Adiustment — One vacancy to fill a five-year
term January 1, 2012 - December 31, 2016. (Formerly advertised;
Full term)
ITEM 11c Appeals, Board of — One vacancy to fill a five-year term January 1,
2014 - December 31, 2018. (Formerly advertised; Full term)
ITEM 11d Historic Preservation Commission — One vacancy for a Jefferson
St. representative to fill three-year terms, March 29, 2013 — March
29, 2016. (New District formed)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, June 10, 2015.
ITEM 11e Citizens' Police Review Board — One vacancy to fill a four-year
term, September 1, 2015 — September 1, 2019 (Fidencio Martinez
Perez expires).
ITEM 11f Housing and Community Development Commission — Three
vacancies to fill three-year terms September 1, 2015 — September
1, 2018. (Term expires for Andy Chappell, Christine Ralston, and
Rachel Zimmerman Smith)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, July 22, 2015
ITEM 12. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 13. CITY COUNCIL INFORMATION.
ITEM 14. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager.
b) City Attorney.
c) City Clerk.
ITEM 15. ADJOURN (to work session if needed).