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Iowa City
City Council Agenda
Regular Formal
November 1 5 , 201 6 - 7 :00 p.m.
City Hall – Harvat Hall
410 E. Washington Street
www.icgov.org
ITEM 1. CALL TO ORDER
ITEM 1a Roll Call
ITEM 2. STUDENT LEADERSHIP AWARDS
ITEM 2a Lucas Elementary
Sara Brenneman
Veronique Shabani
ITEM 3. PROCLAMATIONS
ITEM 3a Nutcracker Season – November 15 to December 15
ITEM 3b Building Trades Apprenticeship Week - November 14-19
ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED
ITEM 4a. Approval of Council Actions, subject to corrections, as recommended by
the City Clerk:
ITEM 4a(1) November 1 Work Session
ITEM 4a(2) November 1 Regular Formal Official & Complete
ITEM 4b. Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
ITEM 4b(1) Community Police Review Board – October 11
ITEM 4b(2) Historic Preservation Commission – August 11
ITEM 4b(3) Historic Preservation Commission – September 8
ITEM 4b(4) Library Board of Trustees – September 22
ITEM 4b(5) Planning & Zoning Commission – October 6
ITEM 4c. Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal
ITEM 4c(1) Class B Beer Permit for PAHA HILLS INC, dba Iowa City Brewlab, 505 E.
Washington St.
Permanent Transfer
ITEM 4c(2) Class E Liquor License for Kum & Go LC, dba Kum & Go #422, 513 S.
Riverside Dr. to 731 S. Riverside Dr.
New
ITEM 4c(3) Class C Liquor License for Iowa City Bar LLC, dba IC Ugly’s, 210 N. Linn
St.
ITEM 4c(4) Five-Day Class C Liquor License for Iowa City Downtown District, dba
Iowa City Downtown District (Holiday Market), 104 S. Dubuque St.
November 15, 2016 City of Iowa City Page 2
ITEM 4c(5) Resolution to issue Cigarette Permit to Kum & Go LC, dba Kum & Go
#422, 731 S. Riverside Dr.
ITEM 4d. Resolutions and Motions:
ITEM 4d(1) DOWNTOWN HOLIDAY MARKET - RESOLUTION APPROVING
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA CITY
DOWNTOWN SELF-SUPPORTED MUNICIPAL IMPROVEMENT
DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE,
CONSUMPTION, AND POSSESSION OF ALCOHOL DURING THE
DOWNTOWN HOLIDAY MARKET
Comment: Section 4-5-3 of the City Code allows for the sale and
consumption of alcohol in a city park, on a right-of-way, or other public
ground, excluding public buildings, pursuant to written agreement. The
agreement, which is attached to the resolution, allows the Iowa City
Downtown District to sell alcohol in Black Hawk Mini Park on December
10 and 11 during the Downtown Holiday Market. This is substantially the
same agreement as last year.
ITEM 4d(2) PUBLIC OPEN SPACE - RESOLUTION APPROVING THE
ACCEPTANCE OF THE DEDICATION OF OUTLOT A, GENERAL
QUARTERS, PART ONE, IOWA CITY, JOHNSON COUNTY, IOWA,
AND OUTLOT B, COUNTRY CLUB ESTATES, FIFTH ADDITION AS
PUBLIC OPEN SPACE.
Comment: Towne and Country Manor Development Corporation desires
to dedicate Outlot A to the City pursuant to the Subdivider’s Agreement
entered into at the time the Final Plat for the General Quarters, Part One
subdivision was approved. Similarly, the City agreed to accept the
dedication of Outlot B, Country Club Estates, Fifth Addition as public open
space, in accordance with that subdivider’s agreement entered into at the
time of final platting. Both developers have provided the City with deeds
for these outlots. Staff has inspected them and finds that all conditions for
acceptance have been met.
ITEM 4d(3) DAVENPORT STREET RECONSTRUCTION - 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 MCCLURE
ENGINEERING COMPANY TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE DAVENPORT STREET
RECONSTRUCTION PROJECT.
Comment:: This project involves reconstruction of a portion of Davenport
Street. The design services agreement with this resolution includes
developing full construction plans, specifications, and construction
estimate for the project. This agreement authorizes McClure Engineering
Company to provide design engineering services related to the Davenport
Brick Street Reconstruction project. The scope of reconstruction will
include new storm sewer, subdrain tile, removal, salvage and re-
installation of existing brick surface, curb ramp replacement, and
installation of new concrete curb and gutter. The consultant services
agreement is for $69,750 and will be funded by Road Use Tax funds.
November 15, 2016 City of Iowa City Page 3
ITEM 4d(4) WILD PRAIRIE ESTATES, PART SIX - RESOLUTION ACCEPTING
THE WORK FOR THE WATER MAIN AND PAVING PUBLIC
IMPROVEMENTS FOR WILD PRAIRIE ESTATES - PART SIX, AND
DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS
AND USE. DELETED
Comment: See Engineer’s Report.
ITEM 4d(5) PROCUREMENT OF BACKHOE LOADER - RESOLUTION
AUTHORIZING THE PROCUREMENT OF ONE BACKHOE LOADER.
Comment: This Resolution will approve the procurement of one (1)
new John Deere 710LXT Backhoe Loader. The National Joint Powers
Alliance (NJPA) Cooperative contract # 32515-JDC will be utilized for the
purchase of this backhoe loader. Total purchase cost is $163,155.73
which exceeds the $150,000.00 spending authority of the City Manager,
and so requires Council approval.
ITEM 4d(6) DELI MART #2 TOBACCO PENALTY - RESOLUTION ACCEPTING
USE OF AN AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY
BY DELI MART #2, PURSUANT TO IOWA CODE SECTION 453A.22(3)
(2015)
Comment: This Resolution accepts the use of an affirmative defense to a
tobacco civil penalty, described in Iowa Code section 453A.22(3), by Deli
Mart #2, 1920 Lower Muscatine Road. Without the affirmative defense,
Section 453A.22(2) would have provided that, after a hearing, a civil
penalty be assessed because an employee of Deli Mart #2 violated
Section 453A.2(1) by selling or providing tobacco to a minor.
ITEM 4d(7) DELI MART TOBACCO PENALTY - RESOLUTION ACCEPTING USE
OF AN AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY
DELI MART, PURSUANT TO IOWA CODE SECTION 453A.22(3) (2015)
Comment: This Resolution accepts the use of an affirmative defense to a
tobacco civil penalty, described in Iowa Code section 453A.22(3), by Deli
Mart, 525 Highway 1 West. Without the affirmative defense, Section
453A.22(2) would have provided that, after a hearing, a civil penalty be
assessed because an employee of Deli Mart violated Section 453A.2(1)
by selling or providing tobacco to a minor.
ITEM 4d(8) JOHN’S GROCERY TOBACCO PENALTY - RESOLUTION
ACCEPTING USE OF AN AFFIRMATIVE DEFENSE TO TOBACCO
CIVIL PENALTY BY JOHN’S GROCERY, PURSUANT TO IOWA CODE
SECTION 453A.22(3) (2015)
Comment: This Resolution accepts the use of an affirmative defense to a
tobacco civil penalty, described in Iowa Code section 453A.22(3), by
John’s Grocery, 401 E. Market Street. Without the affirmative defense,
Section 453A.22(2) would have provided that, after a hearing, a civil
penalty be assessed because an employee of John’s Grocery violated
Section 453A.2(1) by selling or providing tobacco to a minor.
November 15, 2016 City of Iowa City Page 4
ITEM 4d(9) CREEKSIDE MARKET TOBACCO PENALTY - RESOLUTION
ACCEPTING USE OF AN AFFIRMATIVE DEFENSE TO TOBACCO
CIVIL PENALTY BY CREEKSIDE MARKET, PURSUANT TO IOWA
CODE SECTION 453A.22(3) (2015)
Comment: This Resolution accepts the use of an affirmative defense to a
tobacco civil penalty, described in Iowa Code section 453A.22(3), by
Creekside Market, 2601 Highway 6 East. Without the affirmative defense,
Section 453A.22(2) would have provided that, after a hearing, a civil
penalty be assessed because an employee of Creekside Market violated
Section 453A.2(1) by selling or providing tobacco to a minor.
ITEM 4d(10) BLACK & GOLD VAPORS TOBACCO PENALTY - RESOLUTION
ACCEPTING USE OF AN AFFIRMATIVE DEFENSE TO TOBACCO
CIVIL PENALTY BY BLACK & GOLD VAPORS, PURSUANT TO IOWA
CODE SECTION 453A.22(3) (2015)
Comment: This Resolution accepts the use of an affirmative defense to a
tobacco civil penalty, described in Iowa Code section 453A.22(3), by
Black & Gold Vapors, 440 Kirkwood Blvd. Without the affirmative defense,
Section 453A.22(2) would have provided that, after a hearing, a civil
penalty be assessed because an employee of Black & Gold Vapors
violated Section 453A.2(1) by selling or providing tobacco to a minor.
ITEM 4e. Setting Public Hearings:
ITEM 4e(1) FRAUENHOLTZ-MILLER PARK – RESOLUTION SETTING A PUBLIC
HEARING ON DECEMBER 6, 2016 ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE FRAUENHOLTZ-MILLER PARK PROJECT
2016, 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 park is designed as a neighborhood park. It includes a
playground, drinking fountain, two small shelters, walking paths and
landscaping. The northern portion of the park will continue to be an open
play field. The estimated cost for this project is $190,625 and will be
funded with $41,069.51 from the NE3 Open Space Fees and $149,555.49
from GO Bonds.
ITEM 4f. Correspondence:
ITEM 4f(1) Tom Nixon: Do We Have A Flag?
ITEM 4f(2) Nic Arp (previously presented at the 11/1/16 work session and added to
this agenda to be officially received.), Kyle Sieck: Food Truck Pilot
ITEM 4f(3) Mike Thayer: Your stance on police striving for positive community
outreach
ITEM 4f(4) Rachel Marek: Please maintain bike lanes
ITEM 4f(5) Feather Lacy: Bicycle-Racks
ITEM 4f(6) Tim Weitzel: TIF review and Affordable Housing in Riverfront
Crossings
ITEM 4f(7) Jerry Bokassa: Issues
ITEM 4f(8) Carol deProsse (x6), Joel Gilbertson-White, Aleksey Gurtovoy (2),
Caroline Dieterle [staff response included], Lauren Haldeman: Selection
of Police Chief
November 15, 2016 City of Iowa City Page 5
ITEM 4f(9) James Hirsch: Interview opportunity – solid waste code amendments
ITEM 4f(10) Tobias Epstein; Katrina Wolfe; Zach Piker; Kayden Hotka; Jayden
Freeman; Ian Roller; Sydney Nunnally; Sonja Liebig; Tkius Orr; Melanie
Tran-Duong (Cece, Olivia, and Brian); Harley Werderitsch and Gabe
Baird; Gabriel Etuma; Daquan Johnson, Clifton Kelly, Abigail McCormick,
Jack Carrell, Joanna Rivera, Sejh Colton Kollasch, Erik Jones, Corrine
Smith, Ana Koch, Amari Cookes, Frida Escorcia, Rachel Meehan
Recycling
ITEM 4f(11) Sr. Transportation Engineering Planner: Installation of NO PARKING
HERE TO CORNER sign on the northwest corner of North Linn
Street and the alley between East Bloomington Street and East
Market Street.
ITEM 4f(12) Sr. Transportation Engineering Planner: Installation of NO PARKING 8
AM – 5 PM MON – FRI signs on the north side of Killarney Road.
ITEM 4f(13) (Addition) Brent Millis, Mary Maxson: Protestors blocking I-80
ITEM 4f(14) (Addition) Lucy David, Mohamed Ahmed, Sam Van Horne: Racial Hate
Crimes
ITEM 4f(15) Hunter Gillaspie: Conversion Therapy Ban [Staff response included]
END OF CONSENT CALENDAR
Action: Approved as amended with additions and removing 4d(4), 6/0,
Throgmorton absent _______________________________________
ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to “City Council
Information” item at the end of the meeting agenda.
ITEM 6. 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 # 6a at formal meeting)
ITEM 6a PLEASANT VALLEY AND NAGLE LUMBER – ORDINANCE
CONDITIONALLY REZONING PROPERTY FROM INTENSIVE
COMMERCIAL (CI-1) ZONE AND PUBLIC (P-1) TO RIVERFRONT
CROSSINGS – SOUTH GILBERT DISTRICT (RFC-SG) ZONE FOR
APPROXIMATELY 8.52 ACRES LOCATED AT 1225 S. GILBERT
STREET, 1301 S. GILBERT STREET, AND 1201 S. GILBERT STREET.
(REZ16-00002)
Comment: At its October 6 meeting, by a vote of 7-0, the Planning and
Zoning Commission recommended approval of this rezoning. Approval
will allow this property to redevelop according to the provisions of the
Riverfront Crossings Form-based Code and will provide for the dedication
of right-of-way necessary to implement the Riverfront Crossing Master
Plan. This item was continued and deferred from the November 1
meeting.
1. PUBLIC HEARING
Action: Closed ______________________________________
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: First consideration, 6/0, Throgmorton absent ______
November 15, 2016 City of Iowa City Page 6
ITEM 6b SIGN CODE – ORDINANCE AMENDING TITLE 14, ZONING CODE,
SECTION 2G, FORM-BASED DEVELOPMENT STANDARDS;
SECTION 5B, SIGN REGULATIONS; SECTION 3C, DESIGN REVIEW;
AND SECTION 9C, SIGN DEFINITIONS. (SECOND CONSIDERATION)
Comment: At its October 6 meeting, by a vote of 7-0, the Planning and
Zoning Commission recommended approval of these zoning code
amendments. Approval will implement amendments related to the Iowa
City Downtown District Storefront Design and Signage guidelines, and the
Reed v. Town of Gilbert (2015) Supreme Court decision related to
regulation of sign content. Staff requests expedited action.
Action: Waived second consideration, 6/0 Throgmorton absent ____
Adopted, 6/0, Throgmorton absent _____________________
ITEM 7. UNIVERCITY SALE, 924 EAST BLOOMINGTON - RESOLUTION AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 924 EAST
BLOOMINGTON STREET.
Comment: In the UniverCity Neighborhood Partnership Program, the City purchases
rental units located in designated neighborhoods surrounding the University,
rehabilitates them, and then sells them to income-eligible buyers. Under the
UniverCity Neighborhood Partnership Program, the City proposes to sell 924 East
Bloomington Street. The amount of the sale will be $165,000.
a. PUBLIC HEARING
Action: Closed ________________________________________
b. CONSIDER A RESOLUTION
Action: Approved, 6/0, Throgmorton absent _________________
ITEM 8. PEDESTRIAN MALL RECONSTRUCTION - 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 GENUS LANDSCAPE ARCHITECTS, PC, OF DES MOINES, IOWA TO
PROVIDE CONSULTANT SERVICES FOR THE PEDESTRIAN MALL
RECONSTRUCTION PROJECT.
(Revised) Comment: This agreement authorizes Genus Landscape Architect, PC to
provide consultant services including design development, preparation of
construction documents, bid phase services, and limited construction administration
services for the Pedestrian Mall Reconstruction Project. The previously approved
schematic design, completed in 2014, will be the foundation for the project.
Elements included within the project are pavement repair/replacement, utility
upgrades, installation of a permanent stage near the weather dance fountain,
lighting, site furnishings and landscaping upgrades. The total cost of the services is
$769,521 and will be funded by General Obligation bonds The total cost of the
services is $709,490 and will be funded by General Obligation bonds.
Action: Approved, 6/0, Throgmorton absent _________________
November 15, 2016 City of Iowa City Page 7
ITEM 9. HIRING TWO FULL TIME POLICE OFFICERS - RESOLUTION AMENDING
BUDGETED POSITIONS IN THE POLICE DEPARTMENT BY TEMPORARILY
ADDING TWO FULL-TIME POLICE OFFICER POSITIONS.
Comment: Three of the next four candidates on the rank order certified hiring list for
the position of Police Officer are Black/African American. To take advantage of the
opportunity to further diversify the workforce in the Police Department and available
openings in the January 2017 Iowa Law Enforcement Academy training class, staff
recommends that budgeted positions in the Police Department be increased by
temporarily adding two full-time Police Officer positions. The estimated monthly cost
of adding these positions is $7737 per officer.
Action: Approved, 6/0, Throgmorton absent _________________
COMBINE ITEMS 10-13
MOTION TO COMBINE
DISCUSSION
VOICE VOTE
MOTION CARRIED, 6/0, Throgmorton absent
Open hearings on
Almost Paradise
Deli Mart # 2
Deli Mart
Creekside Market
Close hearings
MOTION TO ADOPT RESOLUTIONS FOR ITEMS 10-13
DISCUSSION
ROLL CALL
MOTION CARRIED, 6/0, Throgmorton absent
ITEM 10. ALMOST PARADISE TOBACCO PENALTY - RESOLUTION ASSESSING A
$300.00 CIVIL PENALTY AGAINST ALMOST PARADISE, PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2015)
Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil
penalty shall be assessed when an employee of a retailer violates Iowa Code
Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
Almost Paradise, 355 Linn Street. The civil penalty for a first violation within a two-
year period is $300.00.
a. CONDUCT HEARING
b. CONSIDER A RESOLUTION
See note and action prior to item #10
ITEM 11. DELI MART #2 TOBACCO PENALTY - RESOLUTION ASSESSING A $300.00
CIVIL PENALTY AGAINST DELI MART #2, PURSUANT TO IOWA CODE
SECTION 453A.22(2) (2015)
November 15, 2016 City of Iowa City Page 8
Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil
penalty shall be assessed when an employee of a retailer violates Iowa Code
Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
Deli Mart #2, 1920 Lower Muscatine Road. The civil penalty for a first violation within
a two-year period is $300.00.
a. CONDUCT HEARING
b. CONSIDER A RESOLUTION
See note and action prior to item #10
ITEM 12. DELI MART TOBACCO PENALTY - RESOLUTION ASSESSING A $300.00 CIVIL
PENALTY AGAINST DELI MART, PURSUANT TO IOWA CODE SECTION
453A.22(2) (2015)
Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil
penalty shall be assessed when an employee of a retailer violates Iowa Code
Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
Deli Mart, 525 Highway 1 West. The civil penalty for a first violation within a two-year
period is $300.00.
a. CONDUCT HEARING
b. CONSIDER A RESOLUTION
See note and action prior to item #10
ITEM 13. CREEKSIDE MARKET TOBACCO PENALTY - RESOLUTION ASSESSING A
$300.00 CIVIL PENALTY AGAINST CREEKSIDE MARKET, PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2015)
Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil
penalty shall be assessed when an employee of a retailer violates Iowa Code
Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
Creekside Market, 2601 Highway 6 East. The civil penalty for a first violation within a
two-year period is $300.00.
a. CONDUCT HEARING
b. CONSIDER A RESOLUTION
See note and action prior to item #10
ITEMS 14, 15, and 16
No public hearing is necessary as the establishments have waived the hearing and paid
the fines.
MOTION TO ADOPT RESOLUTIONS FOR ITEMS 14, 15, and 16
DISCUSSION
ROLL CALL
MOTION CARRIED, 6/0, Throgmorton absent
November 15, 2016 City of Iowa City Page 9
ITEM 14. (REVISED) JOHN’S GROCERY TOBACCO PENALTY - RESOLUTION
ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT OF A $1500
CIVIL PENALTY FROM JOHN’S GROCERY, PURSUANT TO IOWA CODE
SECTION 453A.22(2) (2015)
Comment: This Resolution accepts a waiver of right to hearing and payment of a
$1500 civil penalty by John’s Grocery. The civil penalty is required by Iowa Code
Section 453A.22(2) due to the second instance of an employee selling or providing
tobacco to a minor within a two-year period.
See note and action prior to item #14
JOHN’S GROCERY TOBACCO PENALTY - RESOLUTION ASSESSING A CIVIL
PENALTY OF EITHER $1500.00 OR A THIRTY DAY PERMIT SUSPENSION
AGAINST JOHN’S GROCERY, PURSUANT TO IOWA CODE SECTION
453A.22(2) (2015)
Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil
penalty shall be assessed when an employee of a retailer violates Iowa Code
Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
John’s Grocery, 401 E. Market St. The civil penalty for a second violation within a
two-year period is either $1500.00 or a thirty day permit suspension, at the retailer’s
option.
a. CONDUCT HEARING
b. CONSIDER A RESOLUTION
ITEM 15. (REVISED) WALGREEN TOBACCO PENALTY - RESOLUTION ACCEPTING A
WAIVER OF RIGHT TO HEARING AND PAYMENT OF A $1500 CIVIL PENALTY
FROM WALGREEN, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2015)
Comment: This Resolution accepts a waiver of right to hearing and payment of a
$1500 civil penalty by Walgreen. The civil penalty is required by Iowa Code Section
453A.22(2) due to the second instance of an employee selling or providing tobacco
to a minor within a two-year period.
See note and action prior to item #14
WALGREEN TOBACCO PENALTY - RESOLUTION ASSESSING A CIVIL
PENALTY OF EITHER $1500.00 OR A THIRTY DAY PERMIT SUSPENSION
AGAINST WALGREEN, PURSUANT TO IOWA CODE SECTION 453A.22(2)
(2015)
Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil
penalty shall be assessed when an employee of a retailer violates Iowa Code
Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
Walgreen, 2214 Muscatine Ave. The civil penalty for a second violation within a two-
year period is either $1500.00 or a thirty day permit suspension, at the retailer’s
option.
a. CONDUCT HEARING
b. CONSIDER A RESOLUTION
November 15, 2016 City of Iowa City Page 10
ITEM 16. (REVISED) NORTH DODGE SINCLAIR TOBACCO PENALTY - RESOLUTION
ACCEPTING A WAIVER OF RIGHT TO HEARING, PAYMENT OF $1500 AND
SERVICE OF A THIRTY DAY PERMIT SUSPENSION FROM NORTH DODGE
SINCLAIR, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2015)
Comment: This Resolution accepts a waiver of right to hearing, payment of $1500
and service of a thirty day permit suspension from North Dodge Sinclair. The civil
penalty is required by Iowa Code Section 453A.22(2) due to the third instance of an
employee selling or providing tobacco to a minor within a three-year period.
See note and action prior to item #14
NORTH DODGE SINCLAIR TOBACCO PENALTY - RESOLUTION ASSESSING A
CIVIL PENALTY OF $1500.00 AND A THIRTY DAY PERMIT SUSPENSION
AGAINST NORTH DODGE SINCLAIR, PURSUANT TO IOWA CODE SECTION
453A.22(2) (2015)
Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil
penalty shall be assessed when an employee of a retailer violates Iowa Code
Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
North Dodge Sinclair, 2153 ACT Circle. The civil penalty for a third violation within a
three-year period is $1500.00 and a thirty day permit suspension.
a. CONDUCT HEARING
b. CONSIDER A RESOLUTION
ITEM 17. REMOVED FROM AGENDA. NO ACTION NECESSARY . THE DEN TOBACCO
PENALTY - RESOLUTION ASSESSING ANOTHER CIVIL PENALTY OF $1500.00
AND A THIRTY DAY PERMIT SUSPENSION AGAINST THE DEN, PURSUANT TO
IOWA CODE SECTION 453A.22(2) (2015)
Comment: Iowa Code Section 453A.22(2) provides that, after a hearing, a civil
penalty shall be assessed when an employee of a retailer violates Iowa Code
Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
The Den, 123 E. Washington Street. The civil penalty for a third violation within a
three-year period is $1500.00 and a thirty day permit suspension.
a. CONDUCT HEARING
b. CONSIDER A RESOLUTION
ITEM 18. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18
years of age unless specific qualifications are stated.
No applications have been received and the vacancies will be re-advertised.
ITEM 18a Airport Zoning Commission – One vacancy to fill an unexpired term,
upon appointment – December 21, 2021. ( Term expired for Christine
Douglas)
November 15, 2016 City of Iowa City Page 11
ITEM 18b Airport Zoning Brd of Adjustment – One vacancy to fill an unexpired
term, upon appointment - December 21, 2020. (Term expired for Keith
Ruff)
ITEM 18c Airport Zoning Brd. of Adjustment – One vacancy to fill an unexpired
term, upon appointment - December 31, 2018.(Formerly advertised)
ITEM 18d Historic Preservation Commission – One vacancy for a Jefferson St.
representative to fill a three-year term, March 29, 2016 – July 1,
2019. (New District formed)
ITEM 18e Senior Center Commission – One vacancy to fill an unexpired term,
upon appointment – December 21, 2018. (Joylene Beadleston
resigned)
ITEM 19. 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. More information may be found on the City website
or in the City Clerk’s office.]
Previously Announced:
Appeals, Board of – One vacancy to fill a five-year term January 1, 2017- December
31, 2021. (Term expires for Scott McDonough)
Board of Adjustment – One vacancy to fill a five-year term January 1, 2017 –
January 1, 2022. (Term expires for Larry Baker)
Human Rights Commission – One vacancy to fill a three year January 1, 2017 –
January 1, 2020. (Term expires for Paul Retish)
Parks and Recreation Commission – Two vacancies to fill four year terms January
1, 2017 – January 1, 2021. (Terms expire for Suzanne Bentler and Maggie Elliott)
Public Art Advisory Committee – Two vacancies to fill three-year terms, January 1,
2017 – January 1, 2020. (Term expires for William Nusser and Brent Westpahl)
Senior Center Commission – Two vacancies to fill three-year terms, January 1, 2017
– December 21, 2020. (Term expires for Jack R. Hobbs and Jay Honohan)
Telecommunications Commission – One vacancy, to fill an unexpired term, upon
appointment – July 1, 2017. (Alexa Homewood-Weldon resigned)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, November
30, 2016
ITEM 20. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 21. CITY COUNCIL INFORMATION
(Meeting Schedule; Pending Work Session Topics; Upcoming Community
Events/Council Invitations)
November 15, 2016 City of Iowa City Page 12
ITEM 22. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager.
b) City Attorney.
c) City Clerk.
ITEM 23. ADJOURN (9:10 PM).
Motion carried, 6/0, Throgmorton absent _______________________