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k•k - --- _ Iowa City ----�--__--� -- __ —
City Council Agenda
Regular Formal
May 21,2019-7:00 PM ��• ikzir�
CityHall- Harvat Hall
CITY O IOWA CITY
\ ..\-1 /0 410 E.Washington Street �cg° °fg
www.iogov.org
1. Call to Order
Beginning of Consent Calendar(items 2—6)
Consider adoption of the Consent Calendar as presented or amended
2. Approval of Council Actions (subject to corrections, as recommended by
the City Clerk)
2.a. May 7, Work Session
2.b. May 7, Regular Formal Summary of Minutes
3. Receive and File Minutes of Boards and Commissions
3.a. CMI Service Commission: May 16
3.b. Community Police Review Board: April 9
3.c. Public Art Advisory Committee: March 7
3.d. Public Art Advisory Committee: April 4
3.e. Telecommunications Commission: February 25
3.f. Telecommunications Commission: March 25
4. Permit Motions and Resolutions(as recommended by the City Clerk)
4.a. Liquor License- Renewals
1. Class C Beer Permit for Basket Cases, LLC, dba The
Basket Cases, 601 St. Thomas Court
2. Class C Liquor License for PDG Enterprises, LLC, dba
Goosetown, 203 North Linn St., Suite 100
May 21, 2019 Iowa City City Council Agenda Page 1
3. Class E Liquor License for The Outlet, Inc., dba Smokin'
Joe's Tobacco and Liquor, 1901 Broadway St., Ste. 1
4. Class C Liquor License for Pershell Corporation dba Colonial
Lanes,2253 Highway 218 South
5. Class C Liquor License for Iowa Hickory LLC, dba Mosley's,
525 S. Gilbert St.
6. Outdoor Service Area for Iowa Hickory LLC, dba Mosley's,
525 S. Gilbert St.
7. Class B Beer Permit for NPC International, Inc., dba Pizza
Hut#4358, 1926 Keokuk St.
8. Special Class C Liquor License for Riverside Theatre, dba
Riverside Theatre, 213 N. Gilbert St.
9. Class E Liquor License for Iowa CVS Pharmacy, LLC, dba
CVS/Pharmacy#8547, 2425 Muscatine Ave.
4.b. Liquor License- New
1. Class C Beer permit for El Paso Tienda Y Taqueria Inc., dba
El Paso Tienda Y Taqueria Inc., 609 Hollywood Blvd.
4.c. Liquor License-Ownership Change
1. Class C Liquor License for Poza Rica Foods, Inc., dba
Cactus Mexican Grill, 245 S. Gilbert St.
4.d. Liquor License -Temporary Transfer
1. Temporary Transfer of Special Class C Liquor License for
Riverside Theatre to City Park(June 13-June 24, 2019)
5. Resolutions and Motions
5.a. Landscape Maintenance Contract Renewal
Resolution authorizing the renewal of the contract for Landscape
Maintenance Services for the City of Iowa City.
Comment On April 9,2015,the Purchasing Division issued a Request for Proposal for
Landscape Maintenance Services for the City.The contract was awarded to Quality
Care, Inc.The initial contract term was for a one year,with the option to renew for four
additional one-year periods.The contract is in its final year where the dollar value will
exceed$150,000, requiring City Council approval under the guidelines established in the
Citys Purchasing Policy Manual.This resolution authorizes the City Manager to
effectuate the renewal of the contract.
May 21, 2019 Iowa City City Council Agenda Page 2
5.b. Renewal of the Contract for Chemicals with Hawkins Inc.
Resolution Authorizing the Renewal of a Contract for Chemicals
with Hawkins Inc. for the City's Water, Recreation, and
Wastewater Divisions.
Comment On April 17,2018,the Purchasing Division issued a Request for Bid to
provide Chemicals for the City of Iowa City Water, Recreation,and Wastewater
Divisions.The contract was awarded to Hawkins Inc.for Ferric Suffate, Muriatic Add,
Sodium Thiosulfate,Sodium Bicarbonate, Pool Stabilizer, Ferric Chloride,and Sodium
Hypochlorite.The initial term of the contract was for one year,with the option to renew
for four additional one-year periods.This resolution,as required by the current
purchasing policy,authorizes the contract value to exceed$150,000 and authorizes the
City to extend the contract for an additional year and authorizes the City Manager to
effectuate future contract renewals.
\c . \ 0 5.c. Budgeted Positions - Communications Division
Resolution amending the budgeted positions in the
Communications Division of the City Manager's Office and the
AFSCME pay plan by adding two .63 FTE Communications Aide
positions and one .63FTE Communications Creative Assistant
position.
Comment City Coundl directed the conversion of two hourly Communications Aide
positions and one hourly Creative Assistant position from the Communications Division
of the City Manager's Office to be.63 FTE and .63 I-I h permanent positions,
respectively.This position change will be in effect upon resolution approval.
- 5.d. Budgeted Positions - Neighborhood Services Division
Resolution amending budgeted positions in the Neighborhood
Services Division of the Neighborhood and Development Services
Department by deleting one full-time Neighborhood Services &
Code Enforcement Specialist and adding one full-time Building
Inspector position.
Comment The Neighborhood Services Division will have a vacant Neighborhood
Services&Code Enforcement Specialist position.After evaluating the needs of
Neighborhood Services,staff has determined that the division would be better served by
the Building Inspector position. Funding will not be impacted as both positions are at the
same pay grade.
May 21, 2019 Iowa City City Council Agenda Page 3
�� , 5.e. Budgeted Positions - Public Works/ Engineering
Resolution amending the budgeted positions in the Engineering
Division of the Public Works Department and the Administrative
pay plan by deleting one full-time Senior Engineer position, grade
29 and adding one full-time Assistant City Engineer position, grade
30.
Comment This resolution will approve the replacement of one Senior Engineer position
with an Assistant City Engineer position.Staff has evaluated the needs of the Engineering
Division and determined thcsc needs can better be served with the creation of a new
Assistant City Engineer position,which will improve the City's delivery of public
improvement projects.
5.f. Budgeted Positions - Recreation Division
Resolution amendingthe budgeted g positions in the Recreation
Division of the Parks and Recreation Department and the
AFSCME pay plan by deleting one full-time Aquatics Assistant
position and adding one full-time Recreation Assistant position.
Comment A resolution to approve the replacement of the AFSCME grade 4 position-
Aquatics Assistant with a grade 4 position-Recreation Assistant This change will better
serve the needs of the City in efficiency in operations through general guidance and
support tasks for aquatics and customer service.This change in positions will have a
cost-neutral impact as it will remain in the same pay grade classification.
5.g. 2019 Paying Agent Agreement
Resolution appointing U.S. Bank National Association of St. Paul,
Minnesota, to serve as paying agent, bond registrar, and transfer
agent, approving the paying agent and bond registrar and
transfer agent agreement and authorizing the execution of the
agreement.
Comment This resolution provides final authorization for US Bank of St Paul,
Minnesota to act as paying agent for the City of lowa City in regard to the issuance of
$12,535,000 General Obligation Bonds,series 2019.
May 21, 2019 Iowa City City Council Agenda Page 4
\c- \-D,5' 5.h. 2019 Bond Authorization Resolution
Resolution authorizing and providing for the issuance of
$13,240,000 General Obligation Bonds, Series 2019, and levying a
tax to pay said bonds; approval of the Tax Exemption Certificate
and Continuing Disclosure Certificate.
Comment This resolution provides final authorization for the issuance of$13,240,000
General Obligation Bonds.The Tax Exempt Certificate sets out in detail a number of
facts,promises and obligations that must be met and agreed to by the City in order to
maintain these bonds as tax exempt The Continuing Disdosure Certificate is being
executed and delivered for the benefit of the holders and beneficial owners of the bonds
and in order to comply with Securities and Exchange Commission(SEC)rule 15c2-12.
N 5_ 1-e 5.i. Wells Fargo ATM
Resolution authorizing the Mayor to sign and the City Clerk to
attest the Second Amendment to Communications(ATM)
Site Lease Agreement.
Comment In 2011 Council approved an agreement with Wells Fargo Bank to
lease a parcel of land in City Plaza(aka,the ped mall)for placement of an ATM
machine. During the Pedestrian Mall Improvements Project,the ATM machine
will need to be relocated.City staff has negotiated an amendment to the
agreement to provide its relocation.
kC\-\--),—‘ 5.j. Riverside Festival Stage Alcohol Agreement
Resolution approving an agreement with Riverside Theatre to
allow the sale of wine and beer under limited circumstances in
City Park.
Comment Section 4-5-3 of the City Code albws for the sale and consumption of alcohol
in a city park pursuant to written agreement Staff has approved the agreement,which is
attached to the resolution,that allows Riverside Theatre to sell and for attendees to
consume beer and wine June 13 through June 24 in a specified area in and around
Riverside Festival Stage in City Park.The terms in the agreement are the same as in
2018.
May 21, 2019 Iowa City City Council Agenda Page 5
\ _ 5.k. Prairie du Chien Check Valve Vault
Resolution accepting the work for the Prairie du Chien Check
Valve Vault Project.
Comment The project has been completed by Carter&Associates of CoraMlle, Iowa,
in substantial accordance with the plans and specifications.The Engineer's Report and
Performance and Payment bonds are on file with the City Cleric.
• Project Estimated Cost $ 55,000.00
• Project Bid Received: $ 54,963.00
• Project Actual Cost: $ 54,633.00
U.9 5.1. Melrose Avenue/ WV Road —Highway 218 to Hebl Avenue
Resolution approving a 28E Agreement between the City of Iowa
City and Johnson County regarding improvements to Melrose
Avenue/IWV Road—Highway 218 to Hebl Avenue.
Comment This is an agreement to share engineering design, construction
management and construction costs associated with the Melrose Avenue Improvements
Project The Project incudes complete reoonstrucfion of Melrose Avenue/IWV Road
between Hebl Avenue and Highway 218.
\ \;?0 5.m. Scott Boulevard Trunk Sanitary Sewer Extension
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 Stanley Consultants of
Muscatine, Iowa to provide engineering consultant services for the
Scott Boulevard Trunk Sanitary Sewer Extension Project.
Comment This agreement authorizes Stanley Consultants to provide consultant
services including design development,preparation of construction documents,bid
phase services and limited construction administration and inspection services for the
Scott Boulevard Trunk Sanitary Sewer Extension Project. The project generally
indudes the extension of a 30-inch sanitary sewer from the Iowa Interstate Railroad
northward along the North Branch of Snyder Creek to American Legion Road.The total
Dost of the services is$195,500 and will be funded by Wastewater revenues.
May 21, 2019 Iowa City City Council Agenda Page 6
\ t31 5.n. 2019 Water Distribution Pressure Zone 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 Bolton & Menk, Inc. to provide
engineering consulting services for the 2019 Water Distribution
Pressure Zone Improvements Project.
Comment This agreement authorizes Bolton&Menk, Inc.to provide consultant
services including design development,preparation of construction documents,bid
phase services and limited construction administration and inspection services for the
2019 Water Distribution Pressure Zone Improvements Project. The project generally
includes water main distribution system improvements as required to create an east
pressure zone.The total cost of the services is$113,571.00 and will be funded with
Water revenues.
3 5.o. 2018 Sanitary Sewer Rehabilitation
Resolution approving the contract for construction of the
Annual Sewer Repair Project.
Comment Each year the Public Works Department bids a project to repair or
replacement sanitary sewers. Due to some recent change orders on the 2018 project,
the contract amount is approaching$150,000. This resolution,as required by the
current purchasing policy,requests council approval of the contract as the contract
price will exceed$150,000.
5.p. 2019 Johnson County Iowa Countywide Hazard Mitigation Plan
Resolution adopting the 2019 Johnson County, IA Countywide
Hazard Mitigation Plan.
Comment This agenda item is an update of the 2014 Johnson County Multi-
Jurisdictional Hazard Mitigation Plan.The mitigation plan is required to be updated every
five years.Staff recommends adoption of the 2019 Johnson County, IA
Countywide Hazard Mitigation Plan.
May 21, 2019 Iowa City City Council Agenda Page 7
_ 4 5.q. Accepting Tobacco Penalty& 30 Day-Suspension, Kirkwood
Tobacco & Liquor
Resolution accepting payment of$1,500.00 civil penalty, a thirty-
day
hirtyday suspension and waiver of right to hearing from Kirkwood
Tobacco & Liquor.
Comment This Resolution accepts a waiver of right to hearing,a payment of a
$1,500.00 civil penalty and a thirty-day suspension by Kirkwood Tobacco&Liquor.The
civil penalty is required by Iowa Code Section 453A.22(2)due to a third instance of an
empbyee selling or providing tobacco to a minor within a three-year period.The third
offense within a three-year period mandates the 30-day suspension.
6. Correspondence
6.a. Big Ten Property Management LLC(x3): Rental Permit Issues
[Staff response included]
6.b. Community Cats:Janet Ashman, Megan Johnson, Laurie
Crawford
6.c. Sara Barron, Johnson County Affordable Housing Coalition:
Mobile Homes Task Force
6.d. Police Sub Station:Angie Jordan, Nick Berqus
6.e. Liv Neuzil, Grace Kirsdiling, Elyse Brewer Plastic
6.f. Matt Weitzel: Bow Hunting- Deer
6.g. John Balmer bond rating
6.h. Donald Baxter. Dangerous and hostile behavior to cyclist by Iowa
City Transit bus driver[Staff response included]
End of Consent Calendar
Action: 10
7. Community Comment(items not on the agenda)
Community Comment will be continued, if necessary, prior to "City
Council Information" item at the end of the meeting agenda.
May 21, 2019 Iowa City City Council Agenda Page 8
8. Planning and Zoning Matters-
If a majority of the Council is indined not to concur with the Planning and
Zoning Commission recommendation a consult with the Planning and
Zoning Commission should be should be offered before the close of the
public hearing.
8.a. Rezoning South of Interstate 80, West of N. Dubuque Street, and
East of Mackinaw Drive, commonly referred to as Forest View
Ordinance conditionally rezoning approximately 73.15 acres of
property located south of Interstate-80, west of N. Dubuque Street,
and north of Foster Road, from Interim Development Single-Family
Residential (ID-RS), Low Density Single-Family Residential (RS-5),
5 Low Density Multi-Family Residential (RM-12), and High Density
Single-Family Residential with a Planned Development Overlay
(OPD/RS-12)to OPD/RS-12 for 50.82 acres, Highway Commercial
with a Planned Development Overlay(OPD/CH-1)for 20.45 acres,
and Neighborhood Public with a Planned Development Overlay
(OPD/P-1)for 1.88 acres. (REZ18-00013)(Second Consideration)
Comment At its March 7,2019 meeting,by a vote of 4-2(Martin and Baker dissent,
Townsend absent),the Planning and Zoning Commission recommended approval of
this rezoning subject to the draft conditional zoning agreement and two additional
conditions related to requiring senior housing on Lot 14 and a commitment from the
applicant to put$100,000 toward recreational equipment Approval will allow the
development of a mix of commercial uses mainly along N. Dubuque Street and Interstate
80 and a mix of single-family and multi-family residential devebpment south and west of
the proposed Forest View Drive,including relocation of the Forest View Mobile Home
Park.
Acx -1
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Corr es Pp��l lnL�
May 21, 2019 Iowa City City Council Agenda Page 9
Regular Formal Agenda
k3S 9. Amend the FY2019 Operating Budget
Resolution amending the FY2019 Operating Budget.
Comment This resolution amends the FY2019 operating budget Information was made
available to the public on Friday May 10,2019.
1. Public hearing
C i.
2. Consider a Resolution
\ _\3 b 10. Black&Gold Vapors Tobacco Penalty
Resolution assessing $1500.00 civil penalty against Black and Gold
Vapors.
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 453A2(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 Black&Gold Vapors,440 Kirkwood Ave, Iowa
City. For a third violation within a trod year period the permittee has imposed both a suspension
of the permit fora period of(30)days and a civil penalty of$1500.00.
1. Hearing
2. Consider a Resolution
I Ct}CL-P,. \
May 21, 2019 Iowa City City Council Agenda Page 10
11. The Convenience Store Tobacco Penalty
Resol on assessing $150Q.00 civil penalty and 30-day permit
suspens against The Con -nience Store. \\
=a--ti_, Comment Iowa e section 453A.22(2)pito.•es that,after a hearing, civil penalty shall be
assessed when an loyee of a retailer violates •wa Code Section 453A2(1)by selling or
f\s-= a,..) providing tobacco to a mi .This hearing is the tim- •esignated for the Council to consider
whether to assess such a Ity against The Con,:. fence Store, 106 S Linn St, lowa City.
Fora third violation within a three r period the permittz- -s imposed a susperion of the
permit fora period of(30)days and evil penalty of$1500.16 1`
1. Hearing
2. Consider a Resolution
�,
°k--yr1 g k 12. Alcohol Sales in City Parks at City-Sponsored Events
Ordinance amending True 4, Alcoholic Beverages, Chapter 5,
Prohibitions and Restrictions, Section 5, Open Containers; and Title 10,
Public Ways and Property, Chapter 9, Parks and Recreation
`-,,,_. Regulations, Section 2, Prohibited Actions in Parks, to allow alcohol to
be sold in City parks at City-sponsored events pursuant to permits issued
by the City. (Second Consideration)
Comment This ordinance will allow alcohol to be sold in City parks at City-sponsored events
pursuant to permits issued by the City.Staff requests expedited aeon.
Acton CD 0 TT _ n l ` 0
1 y—4`101`-13. Utility Rate Ordinance
Ordinance amending title 3, entitled "finances, taxation and fees," chapter
4, entitled "schedule of fees, rates, charges, bonds, fines and penalties"
of the city code to increase water service charges and storm water
service charges. (Pass and Adopt)
Comment Title 3,Chapter 4 amendments include a 5%Water rate increase on July 1,2019,a
5%Water rate increase on July 1,2020,and a Storm Water rate increase of$0.50 per equivalent
residential unit(ERU)per month on July 1,2019.
Adan. \ 1� \0
May 21, 2019 Iowa City City Council Agenda Page 11
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.01141061110/:IT
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240- 1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
Information submitted between distribution of packet on Thursday and close of
business on Monday.
Late Handouts:
Consent Calendar
Item 6 Correspondence:
6.i (Addition) Charlie Eastham: May 21 Council Work Session, Information
Packet Discussion 3. — 5/16 IP9, re. South District Home Investment
Program recommendations __
* * *
Regular r agenda items:
,Item 11 The Convenience Store Tobacco Penalty—
(Revised) Resolution accepting payment of $1500.00 civil penalty, a
thirty-day suspension and waiver of right to hearing from The
Convenience Store
Item 14 Moratorium on rental permits — See additional correspondence
Item 16. Council Appointments:
16.a Airport Commission — See revised
16.g Housing and Community Development Commission — See revised
Info Packet of 5/16
Email from Mayor: Agenda Live for the Summer 2019 Meeting
Email from Council member Teague: Alcohol in Parks
\c-\ —L,--vp\a 14. Moratorium on rental permits
Ordinance amending Title 17 of the City Code(Building and Housing)to
establish a moratorium until March 7, 2020 on the issuance of new rental
permits for single-family and duplex units in RS-5, RS-8 and RNS-12
zones within certain rental permit districts in the Rental Impact Area
shown in Figure 17-1 of the City Code. (Pass and Adopt)
Comment On April 23,2019 the Iowa legislature passed SF 447 which prohibits cities from
adopting or enforcing rental permit caps.This ordinance establishes a 10 month moratorium on
the is lance of new rental permits for single-family and duplex units in RS-5, RS-8 and RNS-12
zones within the neighborhoods that currently exceed the 30%rental cap to enable the City to
study and address how best to mitigate the consequences of this legislation.
Qor,c�tyC�—
c\_k3 g 15. City Park Adventure Playground
Resolution awarding contract and authorizing the Mayor to sign and the
City Clerk to attest a contract for construction of the City Park Adventure
Playground Project and the purchase of the Playground Equipment.
Comment Bids for this project were opened on Tuesday, May 14,2019,and the following bids
were received:
Base Bid Alternate 1
All American Concrete West Liberty,IA $424,760.50 $34,035.00
Tricon General Construction Cedar Rapids,IA $546,943.50 $34,000.00
Engineer's Estimate $400,000.00
Public Works and Engineering recommend award of the contract All American Concrete, Inc.
of West Liberty, Iowa in the amount of$458,795.50 which incudes Alternate#1. Public Works
and Engineering also recommends approving the purchase of the playground equipment
through the National Cooperative Purchasing Alliance for approximately$283,777.The project
will be funded vvith by account#R4356.
Action: \ \ 0
16. Council Appointments
Applicants MUST reside in Iowa City and be 18 years of age unless specific
qualifications are stated
16.a. Airport Commission - One vacancy to fill a four-year term, July 1, 2019-
June 30, 2023. (Term expires for Minnetta Gardinier)
.Action:
May 21, 2019 Iowa City City Council Agenda Page 12
16.b. Community Police Review Board - One vacancy to fill a four-year term, July
1, 2019-June 30, 2023. (Term expires for Don King)
Action: a.--,.....x. .\\\\,...„„3 - r v e(z).;-,,,"\--- `S 4 .` C oh ..�, ci
mow^ y
16.c. Historic Preservation Commission -At Lame- One vacancy to fill a three-`)
year term, July 1, 2019-June 30, 2022. (Term expires for Zach Builita)
Acton: "si)iR fl;,n;t-- J Or d qh \\ ..e y e,v\._
16.d. Historic Preservation Commission -Jefferson St- One vacancy to fill a
three year term, July 1, 2019-June 30, 2022. (New District formed -first
term not filled)
Acton: \\ep a\n} 1 y►,ks plt__J
16.e. Historic Preservation Commission -Summit St. - One vacancy to fill a
three year term, July 1, 2019-June 30, 2022. (Term expires for Cecile
Kuenzil)
16.f. Historic Preservation Commission - Brown St. - One vacancy to
fill a three-year term,July 1, 2019-June 30, 2022. (Term expires
for Sharon DeGraw)
Action: Y\F P o; nk S h ar to,. Z v_ Gr.-0\w C .1'M.,.,,,‘&)
tet `
16.g. Housing and Community Development Commission- Two vacancies to fill a �
three-year term, July 1, 2019-June 30, 2022. (Term expires for Christine
Harms, Paula Vaughan)
Action: 1\Pi3o', rk\-- rnv4 bYRb.41- , LI 0q� I-kook ke.c.
�4�\or 1 1/4ok\ '''•,1-rk._
16.h. Library Board of Trustees- Three vacancies to fill a six-year term,
Jul 1, 2019-June 30, 2025. 4 `�
July (Term expires for Diane Baker, Janet
Freeman and Jay Semel)
Action: \wis. h - c.....r .ate S ooh k % �\.o�,a s �cL ja1
u g hen o f 5 h,,k+3 ( Q\
°..sk
May 21, 2019 Iowa City City Council Agenda Page 13 .
16.i. Telecommunications Commission - One vacancy to fill a three year
term, July 1, 2019-June 30, 2022. (Term expires for Paul Gowder)
Acton:_
17. Announcement of Vacancies- Previous
Applicants MUST reside in Iowa City and be 18 years of age unless specific
qualifications are stated. [Staff will not publish additional notices after the initial
announcement; but will continue to advertise vacancies on the City website and
Council agenda. More information may be found on the City website or in the City
Clerk's office.
Airport Commission -One vacancy to fill an unexpired term.
Effective upon appointment-June 30, 2022. (Derek LaBrie
resigned)
Applications must be received by 5:00 P.M.,Tuesday,May 28,2019.
Airport Zoning Board of Adjustment-One vacancy to fill a five-year
term, January 1, 2016- December 31, 2020. (Formerly advertised)
Historic Preservation Commission (E. College St)-One vacancy to fill
a throes year term, July 1, 2018-June 30, 2021. (Term expired for
Esther Baker)
Historic Preservation Commission (Jefferson St)-One vacancy to fill a
three-year term, July 1, 2016-June 30, 2019. (New District formed)
Vacancies will remain open until filled.
18. Community Comment S
19. City Council Information '
20. Report on Items from City Staff
a. City Manager
b. City Attorney
c. City Clerk
21. Adjourn
B; S P rn
May 21, 2019 Iowa City City Council Agenda Page 14