HomeMy WebLinkAbout2016-07-05 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356-5040.
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City Council Agenda ,SO
Regular Formal CITY OF IOWA CITY
July 5, 2016 - 7:00 p.m.
City Hall — Harvat Hall
>U 410 E. Washington Street
Iia hF www. icoov.oro
ITEM 1. CALL TO ORDER
ITEM 1a Roll Call
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ITEM 2. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
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AMENDED
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ITEM 2a. Approval of Council Actions, subject to corrections, as recommended by
the City Clerk:
ITEM 2a(1) June 21 Work Session
ITEM 2a(2) June 21 Regular Formal Official & Complete
ITEM 2b. Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
ITEM 2b(1) Board of Adjustment —April 13
ITEM 2b(2) Board of Library Trustees — May 26
ITEM 2b(3) Civil Service Commission — June 23
ITEM 2b(4) Historic Preservation Commission — May 12
ITEM 2b(5) Housing and Community Development Commission — May 19
ITEM 2b(6) Human Rights Commission — May 17
ITEM 2b(7) Parks and Recreation Commission — May 11
ITEM 2b(8) Planning and Zoning Commission — May 16
ITEM 2b(9) Planning and Zoning Commission — May 19
ITEM 2b(10) Senior Center Commission — March 17
ITEM 2c. Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal
ITEM 2c(1) Class C Liquor License for Iowa City Aerie #695 Fraternal, dba Fraternal
Order of Eagles, Iowa City Aerie #695, 225 Highway 1 W.
ITEM 2c(2) Outdoor Service Area for Iowa City Aerie #695 Fraternal, dba Fraternal
Order of Eagles, Iowa City, Aerie #695, 225 Highway 1 W.
ITEM 2c(3) Resolution to issue Dancing Permit to Iowa City Aerie #695, Fraternal,
dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Highway 1 W.;
Iowa City Fall Fun Festival, dba Iowa City Fall Fun Festival (Regina Tent
B), 2140 Rochester Ave.
ITEM 2c(4) Class E Liquor License for Hartig Drug Co. Inc., dba Hartig Drug Store
#10, 701 Mormon Trek Blvd.
ITEM 2c(5) Special Class C Liquor License for Silver Asklof L.L.C., dba nodo
Downtown, 5 S. Dubuque St.
ITEM 2c(6) Class C Beer Permit for Cindy Ruppert, dba The Basket Cases, 601 St.
Thomas Ct.
July 5, 2016
City of Iowa City Page 2
ITEM 2c(7) Class C Beer Permit for Kmart Corporation, dba Big Kmart #4315, 901
Hollywood Blvd.
ITEM 2c(8) Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #1, 525
Hwy 1 West
ITEM 2c(9) Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #2, 1920
Lower Muscatine Rd.
ITEM 2c(10) Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #3, 2410
Mormon Trek Blvd.
ITEM 2c(11) Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #5, 206
E. Benton St.
ITEM 2c(12) Class E Liquor License for Hy -Vee, Inc., dba Hy -Vee Drugstore, 310 N.
151 Ave.
ITEM 2c(13) Class B Beer Permit for Jimmy Jack's Inc., dba Jimmy Jack's Rib Shack,
1940 Lower Muscatine Rd.
ITEM 2c(14) Outdoor Service Area for Jimmy Jack's Inc., dba Jimmy Jack's Rib
Shack, 1940 Lower Muscatine Rd.
ITEM 2c(15) Class B Beer Permit for Iowa City Fall Fun Festival, dba Iowa City Fall
Fun Festival (Tent A), 2140 Rochester Ave.
ITEM 2c(16) Class B Beer Permit for Iowa City Fall Fun Festival, dba Iowa City Fall
Fun Festival (Tent B), 2140 Rochester Ave.
ITEM 2c(17) Special Class C Liquor License for E & E Restaurant, LLC, dba Sushi
Popo, 725 Mormon Trek Blvd.
ITEM 2c(18) Outdoor Service Area for E & E Restaurant, LLC, dba Sushi Popo, 725
Mormon Trek Blvd.
New
ITEM 2c(19) Class E Liquor License for JBD Holdings LLC., dba Sauce, 108 E.
College
ITEM 2d. Resolutions and Motions:
ITEM 2d(1) MAY DISBURSEMENTS - MOTION TO APPROVE DISBURSEMENTS
IN THE AMOUNT OF $19,162,814.20 FOR THE PERIOD OF MAY 1
THROUGH MAY 31, 2016, AS RECOMMENDED BY THE FINANCE
DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE
PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK'S
OFFICE IN ACCORDANCE WITH STATE CODE.
ITEM 2d(2) 2016 FOREST GLEN STORM SEWER REPAIR - RESOLUTION
ACCEPTING THE WORK FOR THE 2016 FOREST GLEN STORM
SEWER REPAIR PROJECT.
Comment: The project has been completed by Bockenstedt Excavating 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:
$
54,000.00
•: Project Bid Received:
$
43,255.00
r Project Actual Cost:
$
45,481.70
July 5, 2016
ITEM 2d(3)
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ITEM 2d(4)
ITEM 2d(5)
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City of Iowa City Page 3
HEBL AVENUE IMPROVEMENTS - RESOLUTION APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN
THE CITY OF IOWA CITY AND MMS CONSULTANTS, INC. TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE HEBL
AVENUE IMPROVEMENTS PROJECT.
Comment: This agreement authorizes MMS Consultants, Inc. to provide
design engineering services related to the Hebl Avenue Improvements
Project. The project generally includes reconstruction of Hebl Avenue
from IWV Road to the landfill entrance. The total cost of the engineering
services is $76,000 and will be funded by Landfill revenues.
ENGINEERING BUDGETED POSITIONS - RESOLUTION AMENDING
BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE
PUBLIC WORKS DEPARTMENT AND THE ADMINISTRATIVE PAY
PLAN BY DELETING THE POSITION OF ARCHITECTURAL
SERVICES/ENERGY COORDINATOR, ADMINISTRATIVE GRADE 27,
AND ADDING ONE FULL-TIME CIVIL ENGINEER, AFSCME GRADE
15.
Comment: The Engineering Division has been evaluating staff levels as a
result of the Architectural Services/Energy Coordinator position recently
becoming vacant. During the evaluation process, it was determined the
requirements of the position had changed over time, and a change in job
classification for the position could better serve the Engineering Division
and the City. This resolution eliminates the existing vacant Architectural
Services/Energy Coordinator position and creates a new Civil Engineer
position.
NORTH WASTE WATER TREATMENT PLANT RELOCATION
PROJECT - RESOLUTION APPROVING AN AMENDMENT TO THE
AGREEMENT BETWEEN THE STATE OF IOWA FLOOD MITIGATION
BOARD AND THE CITY FOR THE USE OF SALES TAX REVENUES
FOR THE STATE OF IOWA FLOOD MITIGATION PROGRAM FOR THE
WASTEWATER TREATMENT PLANT RELOCATION PROJECT.
Comment: The City of Iowa City entered into an Agreement with the State
of Iowa Flood Mitigation Board and was awarded $8,497,249 in sales tax
increment funds to demolish the North Wastewater Treatment Plant, create
a wetland, and stabilize the stream banks along Ralston Creek and the
Iowa River next to the North Wastewater Treatment Plant site. This project
is currently delayed primarily as a result of a mercury contamination issue
that turned into an approximately $2.4 million cleanup and abatement
project. The City of Iowa City submitted an amendment to extend the
project completion date from December 31, 2016 to January 31, 2018, to
the State of Iowa Flood Mitigation Board. The State of Iowa Flood
Mitigation Board approved this amendment on June 20, 2016, and State
of Iowa staff is requesting the City Council approve the amendment by
resolution.
July 5, 2016 City of Iowa City Page 4
ITEM 2e. Setting Public Hearings:
ITEM 2e(1) UNIVERSITY SALE, 321 DOUGLASS - RESOLUTION SETTING
PUBLIC HEARING FOR JULY 19, 2016, ON A PROPOSAL TO CONVEY
A SINGLE FAMILY HOME LOCATED AT 321 DOUGLASS STREET.
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Comment: In the UniverCity Neighborhood Partnership Program, the City
purchases rental units located in designated neighborhoods surrounding
the University, rehabilitate them, and then sell them to income -eligible
buyers. Under the UniverCity Neighborhood Partnership Program, the City
proposes to sell 321 Douglass Street. The amount of the sale will be
$86,000 (this is what the City paid to purchase the home) plus the "carrying
costs," which are which are all costs incurred by the City to acquire the
home, maintain it and sell it, including abstracting and recording fees,
interest on the loan to purchase the home, mowing and snow removal,
utilities, real estate taxes, and any costs in excess of $50,000 to repair
and rehabilitate the home.
ITEM 2e(2) RIGHT-OF-WAY VACATION, COTTONWOOD AVENUE —MOTION
SETTING A PUBLIC HEARING FOR JULY 19 ON AN ORDINANCE
VACATING COTTONWOOD AVENUE EAST OF YEWELL STREET.
(VAC16-00001)
ITEM 2e(3)
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Comment: At its June 2 meeting, by a vote of 7-0, the Planning and
Zoning Commission recommended approval of this vacation subject to an
access easement and any necessary utility easements. Approval will
allow the property to be added to the adjacent residential lots. The
vacation has been requested to allow an addition to the house at 1420
Yewell Street.
2016 DARWIN DRIVE PAVEMENT REHABILIATION AND DRAINAGE
TILE INSTALLATION — RESOLUTION SETTING A PUBLIC HEARING
ON JULY 19, 2016 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE 2016 DERWEN DRIVE PAVEMENT REHABILITATION AND
DRAINAGE TILE 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: The proposed project is located on the east end of Darwin
Drive, intersecting with Sunset Street. Roughly 400 linear feet of roadway
will be replaced. A subsurface drainage system will be installed to
address groundwater issues and will extend the life of the new
pavement. Sidewalk curb ramps will be installed to bring the intersection
into compliance with the Americans with Disabilities Act. The estimated
cost is $110,000 and will be funded with Storm water revenues.
ITEM 2f. Correspondence:
ITEM 2f(1) Dianna Harris: Animal Shelter Hours [Staff response included]
ITEM 2f(2) Mike McKay: Geoff Fruin
ITEM 2f(3) Lynne Dixie: Response to proposed sidewalks on Douglass St. and
Douglass Court
ITEM 2f(4) Palmer Holden: Rose Hill (Rose Oaks)
ITEM 2f(5) Fred Rupert: Benton and other Westside streets
July 5, 2016 City of Iowa City Page 5
ITEM 2f(6) Harry Olmstead: Trash [Staff response included]
ITEM 2f(7) Marguerite Outing; Connie Gob; Joanne Madsen; Karin Southard (x2);:
Proposed Home at 101 Lusk Ave. [Staff memos and responses
included] —T -•o—
ITEM 2f(8) Bonnie Larsen -Dooley: Recreation Center Pottery studio [Staff memo
included]
ITEM 2f(9) Bobbie Ney: Tree trimming in historic neighborhood [Staff responses
included]
ITEM 2f(10) Angie Smith; Tom Rutkowski; Amaris Hanson; Dan Berkowitz; Nate Van
Der Weide; Murray Bouschlicher; Ryan Kinser; Tom Carsner; Bjorn
Swenson; Nick Maddix; Karen Parrott; Jason B. Lassner; Karen Torno
Fashimpaur; H. J. Pedelty; Anne Duggan, Think Bicycles of Johnson
County; Amanda McFadden; Grant Brown; Quinn Stamp; Kevin Burgess;
Donald Baxter (x2); Tim R. Sissel: Bike Lanes and Road Diets_ <�
ITEM 2f(11) Michael Caligiuri: UIDM's 3rd Annual FTK Day: [Staff response
included]
ITEM 2f(12) Scott McGill and Adam Herrig: Traffic speeds in Windsor Ridge
Neighborhood [Staff response included]
ITEM 2f(13) Diana Kruse: Traffic on Ridge Road / Gateway Project
ITEM 2f(14) Senior Transportation Engineering Planner: Installation of (2) NO
PARKING BETWEEN SIGNS signs along the outside of the
<� Hollywood Court cul-de-sac.
END OF CONSENT CALENDAR
Action: 1 telco / e_ Pe - -Zo !ut►*�ar���'
ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to "City Council
Information" item at the end of th meeting agenda.
ITEM 4. PLANNING AND ZONING MATTERS.
ITEM 4a COMPREHENSIVE PLAN AMENDMENT, ORCHARD COURT —
RESOLUTION APPROVING AN AMENDMENT TO THE
COMPREHENSIVE PLAN FOR PROPERTY LOCATED NORTH OF
BENTON STREET AND WEST OF ORCHARD STREET TO BE
INCLUDED IN THE DOWNTOWN AND RIVERFRONT FRONT
CROSSINGS MASTER PLAN. (CPA16-00002)
Comment: At its June 2 meeting, by a vote of 6-1 (Signs voting no), the
Planning and Zoning Commission recommended approval of this
amendment. Approval will allow consideration of future rezoning
applications to apply the Riverfront Crossings Form Based Code to these
properties.
1. PUBLIC HEARING
Action: �Ll
2. CONSIDER A RESOLUTION (6«
Action: 7);L ,7Z,v %�11('ots � ,
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319)356-5000
(319)356-5009 FAX
www.icgov.org
LATE HANDOUTS
Information submitted after distribution of packet on Thursday.
Agenda
M 2f(7) 101 LUSK AVE. — Email from City Attorney
ITEM 2f(10) BIKE LANES AND ROAD DIETS - See additional correspondence
ITEM 2f(16) Nate Kaeding: Gateway Project / Communication and Traffic
Mitigation [Staff response included]
ITEM 12 EVALUATIONS - Memo from City Clerk
July 5, 2016 City of Iowa City Page 6
ITEM 4b
ITEM 4c.
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ZONING CODE AMENDMENT, COMMUNITY SERVICE LONG TERM
HOUSING - ORDINANCE AMENDING CITY CODE TITLE 14 TO
ADOPT AMENDMENTS RELATED TO ESTABLISHING A COMMUNITY
SERVICE - LONG TERM HOUSING USE, AND ESTABLISHING
PARKING, DENSITY AND PROVISIONAL AND SPECIAL EXCEPTION
CRITERIA FOR SAID USE. (SECOND CONSIDERATION)
Comment: At its May 19 meeting, by a vote of 6-0 (Freerks absent), the
Planning and Zoning Commission recommended approval of this Zoning
Code amendment. This amendment will add a definition and associated
development standards for long-term multi -family housing that is
managed by a public or non-profit agency for persons with disabilities. _Da4"GO
Staff requests expedited action.
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Action: ,gJ' eO Ae IAV;*o
ZONING CODE AMENDMENT, INCLUSIONARY HOUSING
ORDINANCE — ORDINANCE AMENDING CITY CODE SECTION 14-2G,
RIVERFRONT CROSSINGS FORM BASED DEVELOPMENT
STANDARDS, TO ADD A RIVERFRONT CROSSINGS AFFORDABLE
HOUSING REQUIREMENT. (SECOND CONSIDERATION)
Comment: At its May 19 meeting, by a vote of 6-0 (Freerks absent), the
Planning and Zoning Commission recommended approval of this zoning
code amendment. The purpose of the ordinance is to ensure that a
minimum percentage of new housing units constructed in the Riverfront
Crossings District are affordable to households with limited incomes.
Correspondence included in Council packet. Staff requests expedited
action. W '�_/ ®.4.WW lnds ljao s . G D
Action: Va4f 01
ITEM 4d AFFORDABLE HOUgING FEE - RESOLUTION ESTABLISHING THE
FEE AN OWNER MAY OPT TO PAY IN LIEU OF PROVIDING
AFFORDABLE HOUSING IN THE RIVERFRONT CROSSINGS
DISTRICT.
40 Comment: The proposed Riverfront Crossings Affordable Housing
Requirement allows for an owner to contribute a fee to a Riverfront
Crossings affordable housing fund as a means of meeting the affordable
housing requirement. The ordinance states that the fee shall be
determined biennially by resolution, based on a formula that analyzes the
difference between market rate units and units subject to the affordability
requirement. Based on this analysis, the fee is proposed to be $80,872
per unit. A memo from the National Development Council describing the
methodology used to reach this fee amount is enclosed in the packet.
This resolution should be considered only after passage of item # 4c
Action:
July 5, 2016 City of Iowa City Page 7
ITEM 4e. PINE GROVE —RESOLUTION APPROVING PRELIMINARY AND
FINAL PLAT (SUB16-00006)
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Comment: A preliminary Planned Development Overlay Plan of Pine
Grove was approved on March 23. Staff recommends approval of the
preliminary and 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 July 5 City Council meeting. Approval will allow the
development of Pine Grove, a 12 -lot, 9.33 -acre residential subdivision6o&
located east of Scott Boulevard south of Lower West Branch Road.
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Action: 4%7vh_wo
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ITEM 5. CITY SALE, 1109 5th AVENUE - AUTHORIZING CGNVEYANCE OF A SINGLE tZexI
FAMILY HOME LOCATED AT 1109 5T" AVENUE.
Comment: The City constructed a modular house at 1109 5h Avenue and sold the
property as an affordable home pursuant to the Consolidated Plan for Housing, Jobs
and Services (CITY STEPS). The City provided the previous owner a $30,000 loan to
help keep the home affordable. The previous owner was facing foreclosure, so the City
bought the home back through a short sale. The home needed extensive
rehabilitation, but is now ready to sell. The City has received an offer to purchase the
home, which it has accepted contingent on Council approval. The amount of the sale
will be $149,500. The buyer must be below 80% Area Median Income and agree the
keep the property owner -occupied for twenty years.
a. PUBLIC HEARING
Action: (6,2d1Z
b. CONSIDER A RESOLUTION
Action:
ITEM 6. EXCLUDING CRIME VICTIMS FROM RENTAL PERMIT SANCTIONS -
ORDINANCE AMENDING TITLE 17, ENTITLED 'BUILDING AND HOUSING,"
CHAPTER 5, ENTITLED "HOUSING CODE," TO EXCLUDE CRIME VICTIMS
FROM RENTAL PERMIT SANCTIONS. (SECOND CONSIDERATION)
Comment: Section 17-5-16C provides for rental permit sanctions if the tenant, owner,
or guest commits certain crimes on the rental property and/or fails to address
repeated nuisances. Iowa House File 493 that goes into effect on July 1, 2016,
prohibits cities from imposing a penalty on a tenant who summons law enforcement
or other emergency assistance. Although no provision in the City Code penalizes a
tenant for summoning law enforcement, the rental permit sanction provision arguably
impacts a tenant, as well as an owner, who is a victim of a crime committed in the
rental unit. This ordinance excludes crime victims from the rental permit sanction
provision consistent with the new state law.
Action:AWc�id
July 5, 2016 City of Iowa City Page 8
ITEM 7. HOUSING CODE - ORDINANCE AMENDING TITLE 17, ENTITLED "BUILDING
AND HOUSING," CHAPTER 5, ENTITLED "HOUSING CODE," TO REQUIRE
THAT THE INFORMATIONAL DISCLOSURE AND ACKNOWLEDGMENT FORM
NOTIFY TENANTS OF THE AVAILABILITY OF A MAP SHOWING WHETHER A
RENTAL UNIT IS LOCATED IN A FLOOD PLAIN. (FIRST CONSIDERATION)
Comment: When the City experiences flooding, tenants are often prevented from
accessing their units even when the unit itself is not damaged. The Board of
Adjustment recommended that tenants be informed whether the rental unit is located
in a flood plain. Staff has created a GIS map that tenants, as well as anyone else,
can access online to determine whether the rental property is in a flood plain. The
Informational Disclosure and Acknowledgment Form, which must be completed by
landlords and tenants, contains information such as the maximum occupancy,
available parking, and snow removal requirements. This ordinance requires that the
form include information regarding the availability of the "flood plain rental map' and
a link to the map. d / 2,ee--
Action:
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ITEM 8. ANNOUNCEMENT F VACANC pplicants 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 8a Airport Zoning Commission — One vacancy to fill a six-year term
January 1, 2016 — December 31, 2021. (Term expired for
Christine Douglas)
ITEM 8b Airport Zoning Brd of Adjustment — One vacancy to fill a five-year
term January 1, 2016 - December 31, 2020. (Term expired for
Keith Ruff).
ITEM 8c Airport Zoning Brd. of Adjustment — One vacancy to fill a five-
year term January 1, 2014 — December 31, 2018. (Formerly
advertised)
ITEM 8d Historic Preservation Commission — One vacancy for a Jefferson
St. representative to fill three-year term, March 29, 2016 — March
29, 2019. (New District formed)
APPLICATIONS MUST BE
En RECEIVED BY 5:00 P.M., WEDNESDAY, July 17, 2016.
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ITEM 8e was' Police Review Board — Two vacancies to fill four-year
terms, July 1, 2016 — July 1, 2020 (Term expires for Melissa
Jensen and Royceann Porter).
ITEM 8f Housing and Community Development Commission — Three
vacancies to fill three-year terms July 1, 2016 — July 1, 2019.
(Term expires for Christine Kay Harms, Dorothy Persson, and Bob
Lamkins)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, July 27, 2016.
July 5, 2016 City of Iowa City Page 9
NEW
ITEM 8g Housing and Community Development Commission — One
Vacancy to fill an unexpired term —July 1, 2017.. (Matthew Peirce
/ resigned) Correspondence included in Council packet.
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, August 10, 2016.
ITEM 9. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 10. CITY COUNCIL INFORMATION.
ITEM 11. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager. V
b) City Attorney. I a'
c) City Clerk.
ITEM 12. ADJOURN to executive session for evaluations (and to work session if
needed).
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