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Home My WebLink About2015-11-19 Info Packet�►� "®� CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org November 19, 2015 IPI Council Tentative Meeting Schedule NOVEMBER 30 WORK SESSION IP2 Strategic Planning Work Session Agenda and materials I133 Strategic Plan Final Report 2014-2015 MISCELLANEOUS IP4 Memo from City Manager: Lawrence, Kansas City Manager Search IP5 Memo from Council Member Throgmorton: Recusal IP6 Memo from City Clerk: KXIC Radio Show IP7 Copy of letter to Council Member Dickens: Hickory Hill Park Bridge Eagle Scout Project IP8 Copy of Veterans Day proclamation IP9 Memo from Human Rights Coordinator: Update on Recommendation to Include Participation in the Housing Choice Voucher Program to the definition of Public Assistance Source of Income in the Human Rights Ordinance IP10 Copy of emails from Mediacom: Fiberavailability [Staff response included] IP11 Copy of letter to Iowa City School Board members from Maureen Patterson: The Future of the East Side IP12 Bar Check Report— October 2015 IP13 Building Statistics 2015 IP14 Letter from Mediacom: Channel addition to Digital Local Plus tier IP15 Copy of letter to residents of Langenberg Avenue: Meeting to discuss traffic calming on Langenberg Avenue IP16 Press Release: City Hall construction projects will require temporary closure of front entrance and lobby IP17 Press Release: Iowa City Police Department to host Coffee with a Cop Monday, November 30 November 19, 2015 Information Packet (continued) 2 IP18 Press Release: Section of First Avenue to close Nov. 22-25 as part of First Avenue Grade Separation Project IP19 Press Release: Juli Seydel Johnson names Director of Iowa City Parks and Recreation Department DRAFT MINUTES IP20 Airport Commission: October 15 IP21 Airport Commission: October 29 IP22 Board of Adjustment: October 14 IP23 Historic Preservation Commission: October 8 IP24 Housing and Community Development Commission: October 22 IP25 Planning and Zoning Commission: November 5 CITY OF IOWA CITY Date City Council Tentative Meeting Schedule IPJ Subject to change November 19, 2015 Time Meetina Location Monday, November 30, 2015 1-6:30 PM Work Session Meeting Ashton House Strategic Planning and Orientation 820 Park Road Tuesday, December 15, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall Formal Meeting Monday, January 25, 2016 4:00 PM Reception TBA 4:30 PM Joint Public Entities Meeting North Liberty INSTITUTE OF PUBLIC AFFAIRS THE UNIVERSITY OF IOWA CITY OF IOWA CITY STRATEGIC PLANNING CITY COUNCIL WORK SESSION MONDAY NOVEMBER 30, 2015 ASHTON HOUSE 820 PARK ROAD 1:00 PM 1. Introductions and Opening Comments a. Name, Tenure, and Background 2. General Overview of the Meeting and the Goal -Setting Process a. The Ground Rules for this session 3. Review current Strategic Plan Priorities and Initiatives 4. Review major city accomplishments (2013-15) a. Review results of questionnaire 5. Review Issues, Concerns, Opportunities, and Trends a. Review results of questionnaire 6. Review/confirm city's on-going commitments 7. Identify new programs, policies, projects and initiatives a. Review results of questionnaire b. Additional Input c. Ranking/selection of priorities d. Discuss implementation of priorities 8. Other issues 9. IPA Report to the Mayor and City Council — 2015 Strategic Planning Process a. Development of Action Plan 10. Adjourn IOWA CITY GOAL SETTING SESSION - ELECTED - 2015 Current Strategic Focus Areas Fostering a more /NausivE and SUSTAINABLE Iowa City through a commitment to: • Strategic Economic Development Activities • A Strong Urban Core • Healthy Neighborhoods • A Solid Financial Foundation • Enhanced Communication and Marketing Strategic Planning Priorities (July 2015) Strategic Economic Development Activities • Towncrest • Iowa City Marketplace and First Avenue Retail Corridor • Highway 6/Highway 1 • 420th Street Industrial Park • Moss Ridge Campus and Northgate • Other Economic Development Efforts A Strong Urban Core • Downtown Iowa City and Northside marketplace • Riverfront Crossings Healthy Neighborhoods • Land use regulations • Public infrastructure • Private building stock • Nuisance mitigation • Open stakeholder communication A Solid Financial Foundation • Financial Policies • Financial analysis and communication to the public Enhanced Communication and Marketing • Coordinated communications • Customer service orientation IOWA CITY GOAL SETTING SESSION - ELECTED - 2015 L Major Accomplishments Economic Development • Riverfront Crossing planning o Adoption of Form Based Code o Inclusionary zoning progress • Context -sensitive development in Downtown Planning District • _Northside Commons • MidWest One Bank office building • Design work on Gateway project • Assistance to bring MetaCommunications downtown • Rezonings for new elementary schools, new UI School of Music and Art School, HyVee on N. Dodge, old Hartwig Motors location, Court/Linn, College/Gilbert • Selected preferred developer for Court and Linn St. project • Completed action on the Iowa City Marketplace (Lucky's, etc. at Sycamore Mall) • Revised City's Economic Development Policy • Supported economic development in all corners of the city • Made Iowa City competitive vis a vis suburban poaching and other practices • Brought attention to inequities that hurt Iowa City - county funding, poaching from neighbors, school district spending, regional issues, etc. Urban Core • Approval of Chauncey development • Completed Downtown Streetscape Plan • Downtown District initiatives • Vibrant downtown and effective collaboration with Downtown Business District • Bike racks downtown Finance and Budget • Continuation of strong financial position and Aaa bond rating • Merger, reorganization, cross -training of city departments and staff • Took proactive action to plan for looming financial crisis due to tax reform • Dropped property tax levy 4 years straight with a Sth year anticipated • Cut costs for city through natural attrition in personnel, made our operations more nimble IOWA CITY GOAL SETTING SESSION - ELECTED - 2015 Healthy Neighborhoods • Goosetown/Horace Mann Conservation District • Proposed nuisance ordinance • Continuation of UniverCity Housing Program • Undertook multiple initiatives to strengthen core neighborhoods Communications and Marketing • City Council listening posts • Continued work on racial issues and establishment of City Manager/Staff meetings with community representatives • Received 2013 Equity Report • Created and received report from the Ad Hoc Committee on Senior Services • Strengthened ties with UI leadership • Maintained effective lobbying relationships in Des Moines • Pushed ICCSD for balance and equity and lobbied for better collaboration Other Accomplishments: City Operations and Facilities • Purchasing Policy • Streamlining permits • Joint -use agreement for Alexander Elementary School • Continuing City's agreement with National Development Council • Providing $388,000 to 1105 Project • Coordination and Cooperation with the County on Community ID cards • Charter review • Completed new South District Plan • Completed lease -purchase agreement for Harrison St. project • Working with amazing city staff • Wage theft resolution • Minimum wage • New Animal Shelter • Difficult decision about three cottages on S. Dubuque • Supported City Manager's work with succession planning at department level and other key positions • Made City Hall more customer friendly and responsive IOWA CITY GOAL SETTING SESSION - ELECTED - 2015 Infrastructure • Various flood prevention projects • Completed construction of West Side Levee • Rocky Shore Pump Station project complete • Completion of Moss Ridge Road • Completed improvements to Lower Muscatine Rd and started improvements on S. Sycamore Dr. • Raising Dubuque Street • First Ave grade separation project • Made key investments in public infrastructure Parks and Recreation • Ryerson Woods dedicated as State Preserve • Preservation of Ashton House and Tate Arms • Purchase of Chadek Green Public Safety • Procurement and use of body cameras for police officers Other • B1ueZones Project: Observations and Recommendations: The Built Environment • Support of Winter Homeless Shelter • MERGE IOWA CITY GOAL SETTING SESSION - ELECTED - 2015 II. Issues, Concerns, Trends, and Opportunities Economic Development • Potential loss of business and development by not staying competitive in our market • Assuring business and development community that Iowa City government is still committed to working cooperatively on economic development projects • Riverfront Crossing development plans • Coralville and North Liberty offer opportunities that appeal to a significant fraction of businesses and residents in the region - aggressive use of TIF • Form Based Code provides too many incentives for excessively concentrated high-rise development • Return to Iowa City's reputation as anti -business - whether perceived or real - and the loss of tax base and population to the suburbs Urban Core • Loss and lack of affordable residential/commercial properties in general Downtown area Healthy Neighborhoods • On-going threats to historic properties and neighborhoods • Need for affordable, diverse housing • Joint -use agreements with the ICCSD to strengthen neighborhood identity and provide social and recreational opportunities, especially for youth • Structures and streets in older core neighborhoods continue to deteriorate with age o Schools in older core neighborhoods are continually faced with possibility of closing o Two processes can jointly lead to downward spiral for the neighborhoods Finance and Budget • Decrease in revenue from property taxes due to state legislation o Maintaining financial strength and stability in light of state property tax reform, including Aaa bond rating • Shrinking tax base - University • Risk of overspending, failure to watch budget carefully as revenue streams drop IOWA CITY GOAL SETTING SESSION - ELECTED - 2015 Communications and Marketing • Lose the word "transparency" - already exists • Lack of voters - 15% turnout, shameful • Need for greater accessibility, accountability • Current lack of citizen engagement • Ensure that development enhances Iowa City's "sense of place" and enjoys community support by being sensitive to the scale and character - defining elements of the surrounding context • Addressing issues of racial disparity • Eliminate the disconnect from city government of lower income and non- English speaking residents • Difficulty for newcomers - people of color and non-English speaking, to feel connected with and welcomed by larger Iowa City community/finding rewarding employment • Risk that we alienate UI leadership just as Herrald administration gets going • Risk that IC's attitude toward UI leadership will damage UI's relationship with IC and could help the suburbs - including impact of new UI facilities on economic development • Failure to maintain advocacy with ICCSD to promote equity and balance - quality and quantity of buildings, student population demographics, etc. - risk of middle class flight from IC Other Issues, Concerns, Trends, Opportunities City Operations /Facilities • Loss of key staff - retirement and frustration • Increase of demand for city services • Diversity in city staff, boards and commissions • Transit issues • Loss of our recently -developed reputation for good customer service • Alienation of internal city staff if proper balance between council and city manager's office is not respected Infrastructure • Ensure that streets live up to their potential as important elements of the public realm • Maintenance/upkeep of infrastructure (roads, sidewalks and curb cuts) • Concern for car/pedestrian/bicycle safety • Implementation of Complete Streets IOWA CITY GOAL SETTING SESSION - ELECTED - 2015 Parks and Recreation • Promote active mobility (i.e., walking and bicycling) and address environmental concerns • Ensure that parks live up to their potential as important elements of the public realm Public Safety • Disproportionate contact with people of color Other • Increased risk of weather-related events (e.g., floods, drought) on land use, food production, etc. • Ensuring that development will be economically sustainable • Need for more space for the homeless shelter • Disproportionality - increase • Regionalism IOWA CITY GOAL SETTING SESSION - ELECTED - 2015 III. On -Going Commitments - as identified by staff Significant programs and projects currently underway or are otherwise committed to or obligated by the City Council: • 1St Avenue grade separation/railroad crossing project • Harrison St parking ramp lease -purchase agreement • Gateway project • Riverfront Crossing Park • Washington St reconstruction • Continue economic development program • Continued investment in Towncrest • Development agreements: o Chauncey development o Riverside West o Iowa City Marketplace o Sabin condos o Court -Linn o Hilton Garden Inn • Infrastructure projects for new school construction • Preparation of ordinance regarding downtown waste management and alley maintenance • Make a decision regarding road diets and one-way streets in downtown • Continue infrastructure improvement program for designated neighborhoods • Continue conversations about how to grow population and housing so that all are welcome • Racial equity initiatives - employment, leadership, DMC, schools/neighborhood balance • Develop Lower City Park master plan • Continue to address downtown security issues IOWA CITY GOAL SETTING SESSION - ELECTED - 2015 IV. Significant New Initiatives, Programs, Projects or Policies for City Council Consideration Economic Development • Partner with local foods theme businesses to identify how city can effectively market and grow local foods economy • Creatively develop city's economy - Creative Corridor o Retain unique sense of place and community identity o Socially and ecologically sustainable • Encourage SSMID in other parts of Iowa City • Review TIF policy • Evaluate zoning code and ordinances with respect to promoting economic sustainability, healthy living and environmental concerns • Promote locally owned businesses and arts organizations Work closely with UI on future facilities and economic development opportunities, especially in Riverfront Crossings Health, Neighborhoods • Support and promote expansion of UniverCity • Partnership with Friends of Historic Preservation to assist residents pay for repairs to historic homes in inner core neighborhoods • Revitalize core historic neighborhoods and identified established neighborhoods • Historic preservation initiative to identify and designate historically significant properties and neighborhoods • Direct significant City dollars toward increasing supply of affordable housing • Create incentives for affordable housing • Amend annexation policy to require any new developer of residential property ensure that 10 or 15% of housing units be affordable. • Incrementally repair, thicken and improve pre -1950 core neighborhoods o Invest in infrastructure and parks; work with developers • All new development for affordable housing • Form Based Code in other parts of the city • Implement staff recommendations for meeting affordable housing goals • Encourage neighborhood improvements through citizen -led initiatives or citizen/City of IC partnerships • Address neighborhood blight before situations worsen - maintenance of aging housing stock IOWA CITY GOAL SETTING SESSION - ELECTED - 2015 Finance f Budget • Local Option Sales Tax o Obtain clear numbers from Des Moines about the amount of backfill we can expect to receive o Reach out to local legislators and Gov. Branstad • Retain Aaa bond rating Communications and Marketing • Effectively collaborate with "City of Literature" and "Iowa Writer's House" to provide opportunities for working writers, book publishers, printers. • Develop plan for creating racial equity • Racial/socioeconomic equity review tool kit • Consider additional community recreational/meeting spaces • Better City PR • Work with schools more closely to incorporate our policies with theirs • Support the ICCSD's bond referendum efforts in 2017 • Stay in the game - make IC as attractive as possible for businesses and families - don't let the suburbs take from us Other New Initiatives City Operations and Facilities • Make significant changes in committee structure and how Council relates to City's diverse publics and other key governing bodies o Create 2 new 3 -councilor committees to review policies of sustainability and social justice o Discuss with ICCSD, Board of Supervisors and Coralville City Council the possibility of creating 3 separate joint committees to discuss policy issues of mutual concern o Mayor appoint individual Council members to act as policy liaisons with key local organizations o Continue Council listening posts • Modify City Council's processes for using and evaluating financial incentives to ensure public has good reasons to believe that decisions are fair and trustworthy • Consider televising Council work sessions • Diversity in city staff, boards and commissions • Hy -Vee customer- service training model • Streamlined process/increase opportunities for residents to talk with Council and staff • More student voice/presence • Reduce number of members on commissions and reduce length of service • Increase accountability by identifying measurable outcomes/time frames for key issues • Enhanced collaboration with other public agencies/governments/schools IOWA CITY GOAL SETTING SESSION - ELECTED - 2015 Public Works • Public transit - increased frequency on high density routes • Provide adequate bus shelters • Implement recommendations of Blue Zones Report for the built environment • Raise IC's bicycle -friendly status from Silver to Gold Infrastructure • Implementation of Complete Streets o Gilbert Street • Gilbert St. and Burlington into pedestrian -friendly corridors, especially by Downtown • One-way to two-way conversions: Jefferson and Market to two-way • Conversion of Burlington from five to three lanes o Provide protected bike lanes Parks and Recreation • Become a "garden city" - develop growing space in city parks • Permaculture landscaping to City Park and other city parks • Promote excellence in design Public Safety • Reduce race -related disparities in traffic stops, arrests, and incarcerations Other • Continue and expand support for MERGE • Identify how to partner with UI to encourage more graduation students to stay in Iowa City • Develop year around food hub to allow for local foods vending throughout the year (New BO in Cedar Rapids) • Develop regional local foods strategy with Johnson County Food Council • Work closely with ICCSD, Kirkwood Comm. College, Iowa Works, etc. to increase ability of lower income youth and youths of color and recent immigrants develop job skills • Facilitate use of solar and energy-efficient technologies to reduce residents' and business reliance on fossil fuels o Create temporary Climate Change Response Task Force o Adopt goal to reduce city-wide emissions by 2030 o Committee recommend most cost-effective ways of achieving the goal • Consider permanent location for additional space for homeless shelter • Plastic bag policy • Continue pushing for regional solutions to regional problems (housing, social service funding, etc.) Iowa City is only half the county population and cannot shoulder the burdens alone IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 Current Strategic Focus Areas Fostering a more INCLusivE and SUSTAINABLE Iowa City through a commitment to: • Strategic Economic Development Activities • A Strong Urban Core • Healthy Neighborhoods • A Solid Financial Foundation • Enhanced Communication and Marketing Strategic Planning Priorities (July 2015) Strategic Economic Development Activities • Towncrest • Iowa City Marketplace and First Avenue Retail Corridor • Highway 6/Highway 1 • 420th Street Industrial Park • Moss Ridge Campus and Northgate • Other Economic Development Efforts A Strong Urban Core • Downtown Iowa City and Northside marketplace • Riverfront Crossings Healthy Neighborhoods • Land use regulations • Public infrastructure • Private building stock • Nuisance mitigation • Open stakeholder communication A Solid Financial Foundation • Financial Policies • Financial analysis and communication to the public Enhanced Communication and Marketing • Coordinated communications • Customer service orientation IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 L Major Accomplishments Economic Development • Riverfront Crossing planning o Adoption of Form Based Code o Inclusionary zoning progress • Redevelopment of Sycamore Mall o Lucky's • Revitalization Towncrest 0 3 fagade grants o Williams Street streetscape 0 2 new medical offices • Number of businesses moving out of town seems to be decreasing • Approved rooftop service areas for restaurants • Northside IC business growth Urban Core • Approval of Chauncey development • Approval of Kinseth hotel development • Sidewalk and Street Cafe modifications • Hilton Garden Inn • Court -Linn RFP selection/agreement o CA Ventures' the RISE at Court and Linn • Downtown fagade improvements renewed for second program • Downtown development • Iowa City Downtown District successfully gathered petition signatures for SSMID renewal (and presented to City) • Food trucks allowed downtown Healthy Neighborhoods • UniverCity Project - sold 50th house • City worked with ICSSD on new schools o Annexed property for two new elementary schools o Budgeted funds for partnership for expanded/shared gymnasium space o Constructed Sycamore St. to accommodate new Alexander Elementary o Merger of Housing and Inspection Services (HIS) and Planning and Community Development (PCD) into one Department of Neighborhood and Development Services o Several Comprehensive Plan amendments, including South District Plan update • Several Comprehensive Plan amendments, including South District Plan update IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 Amended code to better respond to nuisance property issues Accessibility improvements o Doubled amount budgeted for curb ramps in CIP o Completed audits/inventories for rec facilities and public rights of way o Adopted visitability standards into building code o Several public presentations/input sessions regarding accessibility issues o Provided grant for ADA celebration o Received favorable review from Dept of Justice regarding city's curb ramp program • Affordable Housing progress - 57 affordable /workforce units approved • Updated 2007 Iowa City area Affordable Housing Market Analysis • Work started on apartments at Riverside and Benton • Working with other entities to get temporary shelter for homeless last winter - City largest contributor Finance and Budget • Implementation of new Financial/Utility software system • Retained AAA bond rating • Airport out of debt • Property taxes reduced • Creation of emergency fund to prepare for property tax reform impacts Communications and Marketing • New webpage and media release system • Expanded use of icgovXpress to respond to customer requests more quickly and efficiently • Publication of more documents and forms in multiple languages • Required accessibility for rooftop service areas beyond ADA • Focus on diversity and inclusion - board and commission membership discussion, training and conversation; diversity roundtables • Citizen involvement remains strong • Equity Report IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 Other Accomplishments: City perations and Facilities • Animal Care Center • Parking Ramp lease purchase agreement • Org chart re-do/change of reporting relationships • Filled several Department Head and Division Head openings due to retirements, including Streets Division • Review of City Charter complete • Partner community in STAR program • Implementation of "Ban the Box" on employment applications • Staff reductions primarily through attrition • City focus on wellness activities, preventative health, and environmental health • Created Sustainability Office • 1105 Project - City Challenge grant completed their capital fundraising o requirements • Required accessibility for rooftop service areas beyond ADA • Succession planning ongoing • Partnered with U of I to secure funding for bike -share program • New Taxi Ordinance • Updated Complete Streets Policy Infrastructure • Approval of Gateway project • Construction of South WW Treatment Plant • Demolition of North WW Treatment Plant • Construction of Moss Road o RISE grant award o Access to Moss Office Park • Reconstruction of South Sycamore Road • First Ave grade separation/railroad crossing project underway • Gateway plans for Dubuque Street/Park Road Bridge • Rochester Ave street • Bridge and water main replacement project to improve distribution system reliability, upgraded fire flow protection • Melrose/Slothower Rd water main extension to improve fire flow protection and setup connect for future water storage tank with booster pumping capabilities • Wade St. water main replacement project to improve distribution system reliability and upgraded fire flow protection in Towncrest area • Highland Ave storm and water main replacement project integrated project to improve storm sewer and water main reliability and provide additional water main looping in the area IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 • Conversion of water main mapping to GIS format to enhance utility mapping functionality • 95% conversion of water meter reading system to radio reading technology • Update of inventory and water specifications to ensure compliance with No Lead Brass requirements • Continued conversion to LED lighting • Increased funding from gas tax utilized to complete additional CIP street projects • Northgate Drive extension RISE grant award • Finalized construction for Rocky Shore, West Side Levee 1 & 2 Storm Water Pump Stations • Flood buyouts • Removal of gas chlorine/sulfur dioxide for chlorination/dechlorination process • Lower Muscatine improvement • Continued installation and expansion of muni's Public Works • Reorganized Public Works by moving Refuse under Transportation and Resource Management • Streets Division assisted with 2014 flood mitigation to minimize impact • Contract approval to complete Public Works Site Master Plan update and Landfill Master Plan • Completion of exterior wash facility at Public Works site • Replacement of aging Elgin street sweeper • Replacement of several pieces of equipment and purchase of a few new pieces o Pickup trucks o Skid loaders o Chain saws o Wheeled loader winter blade o Skid loader broom Completing current Streets Division workload each season is major accomplishment with existing facilities, equipment and staffing levels New fuel pumps IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 Library • Library Facility update/remodel • Improved Library customer service • Launched Digital History Project website to collect and share Iowa City's history • Increased number of computer classes and partnered with Senior Center to increase participation • Developed community partnerships with Delta Center, 4-H, ICSD, etc. • Began community -wide music program "Music is the Word" • Partnered with North Liberty to offer eBook and digital audiobooks jointly (previous agreement in place with Coralville) • Opportunity to get a library card at all ICCSD ice cream socials • Library has DOT kiosk to renew drivers licenses Parks and Recreation • Winter shelters • Terry Trueblood Park • Ashton House remodel • Pieces of trail system completed • River Crossings Park planning • Ped mall playground surface replaced • Park land created from former wastewater treatment plant and animal shelter area • Streetscape plans moving forward • Park facelift on west side near Tower Court and George St. • City Park pool improvements • Bike/walk bridge over I-80 complete • ICCSD gym partnership at Alexander • Significant effort to strengthen neighborhood parks (Fairmeadows, Wetherby, Reno, Tower Court, Willow Creek, Mercer, Highland, Hickory Trail) • Improvements to Thornberry Dog Park pond • Positive engagement with sports affiliates on cost recovery strategies • Growth of Farmers Market (Kids Day w/Kids Vendors was nice addition) • Creation of Customer Engagement position already started to pay dividends • Creation of cross-country course at Kickers Soccer Park • Prairie restoration o Decreased mowing areas and increased prairie plantings and alternative solutions • Reduced to very minimal amounts of chemical usage on public spaces - mostly to treat invasive species • Chadic Park addition IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 Public Safety • Visible and friendly police • Downtown Officer • Improved sense of security in downtown area for seniors • Coffee With a Cop • Zero fire fatalities - one documented rescue • Maintained accreditation status (FD) • Fire Marshal Greer completed Peace Officer training • FD co-sponsored youth academy program with PD • Conducted fire cadet program • FD certified additional Peer Fitness Trainers/acquired additional equipment • Enhanced community presence - 4 PR events/officer/year • Worked with Coralville to utilize their fire training facility for our training program Other • Positive changes in parking issues o First hour in ramp free o Pay at meter with credit/debit card • City of Literature and activities get bigger and better every year • Job Fair • Blue Zones certification IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 II, Issues, Concerns, Trends, and Opportunities Economic Development • Use of TIF • Pursuit of Intergovernmental/Regional cooperation, particularly in arena of d economic development and housing projects or policies Riverfront Crossing Attract high tech employers to downtown/Riverfront Crossing - need more office space Urban Core • Downtown Renaissance • Ped Mall - time to get moving on improvements • Downtown streetscape work disruption • More parking ramps for public parking in downtown area Healthy Neighborhoods • Tension between development and historic planning • Neighborhood stabilization • Instability and late notification of HUD funding (ICHA, CDBG, HOME) • Administering pending Inclusionary Housing Ordinance and any `fee in lieu of funds generated • Staff capacity due to increased enforcement responsibility in University impacted neighborhoods • Providing more affordable housing throughout city Finance and Budget • Continuing budget challenges at State level • Tax collection/funding • Property tax legislation/reform o Sustainable services and capital improvements versus decline in revenue from tax reform • Lost LOST • Limited availability of city financial support for operations, staff, and training to accomplish identified goals and objectives Communications and Marketing • Transparency in rezoning decisions and TIF awards • Website vastly improved, but needs continued work on updating - not very exciting • Communications seem to go straight to City Manager IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 Other Issues, Concerns, Trends, Opportunities City Operations/Facilities • Staff turnover in key positions • Council election • Inadequate workforce/lack of specific related skills • Blue Zones initiatives • Adhering to Comprehensive Plan • Adjusting programming and facilities to meet needs of increasingly diverse population • Lack of diversity among employees & recipients of many city services • Meeting needs and interests of rapidly expanding 50+ population • Consistency between departments in policy and procedure • Employee morale is low • Growing population of non-English speaking customers • Resources are stretched very thin • Recycling for apartment buildings not policy yet • Increasing fees for garbage/recycling/park use • Working with ICCSD to have more shared use facilities for public • Changes in funding formula and impact on U of I • Staff turnover allows to reset staff values and expectations Public Works • Aging and outdated equipment building • Lack of Public Works facilities • Clarify maintenance issues with other departments that affect the wastewater treatment plant • Continued growth of City with no additions to permanent staff • Challenges finding and hiring temporary staff • Limitations on temporary staff brought on by the Affordable Care Act • Aging workforce in Streets and challenges created by physical nature of the job • Possible future reductions in Dept./Division's budgets • Issues with Site Plan review process and communication is creating problems for developers, owners, contractors and city staff IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 Infrastructure • Aging infrastructure • Complete Streets • Reduced lane widths • Pavement management • Sidewalk infill and ADA curb ramps • Transportation challenges - public transit, road maintenance, bike network • Continue to perform routine preventive maintenance on sanitary sewers, including slip lining where required • Continue to operate new treatment process to maximize phosphorous and nitrogen removal from waste stream prior to discharge • Study and seek process assistance to remove struvite from anaerobic digesters and/or methods to remove phosphorous prior to anaerobic digestion to limit struvite formation during digestion • Finalize outstanding construction issues from treatment plant renovation • Lack of funding for street projects resulting in continued deterioration of pavement network (gas tax increase will help) Library • Library Bookmobile • Develop strong Library partnerships with new tenants for unique and complementary programming Parks and Recreation • Bicycle facilities • Completion of new Bike/Ped master plan • Falling behind on management of City's natural areas • Aging larger recreation facilities (City Park, both rec centers, and aquatic facilities) • Develop new innovative programming - STEAM programming, life sports (hiking, biking), adventure sports and races • Growing barriers to recreation activities (transportation, cost, etc.) • Need to rely on volunteers more for cleanup events, weeding/invasive species removal • Collaborations with external `friends' groups • EAB devastation IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 Public Safety • justice Center (Court House and jail) • Calls for service o Up 12% since 2012 o False alarms up 14.8% o EMS responses are greatest number of calls o Increased response times to east and west areas of city o Unattended cooking continues to be leading cause of fire • Loss of dedicated training area/storage facility rental • Munis & Kronos - overcoming issues and looking at opportunities/efficiencies • 3rd party fire protection equipment compliance program • Update risk assessment and standards of cover document • Update department strategic plan • Work with other departments to share solutions (storage/training, etc) • Disproportionate minority contact • Police force protection - current large city riots University of Iowa • Reconnect with University and School District • Influx of international students • U of I increased enrollment • New U of I President • Construction of new UI Art Museum • Completion of new UI School of Music • Completion of UI Hancher Auditorium Other • Ongoing diversity challenges • Homelessness • Climate change • City is retirement destination for many • Minimum wage situation • One of fastest growing communities in Iowa • Unclear future for State Historical Society Library • Much greater vitriol between people with differing viewpoints; less ability to compromise • Amount of area construction projects and impact on pricing, labor, housing • Construction/demolition of ICCSD elementary schools • Understanding and administering increasing complexity of local and federal regulations • Need to focus on positive things - take time to celebrate IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 III, On -Going Commitments Significant programs and projects currently underway or are otherwise committed to or obligated by the City Council: IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 IV. Significant New Initiatives, Programs, Projects or Policies for City Council Consideration Economic Development • Wayfinding for region • Get new hotels built and leverage rooms/conference space to bring more meetings to Iowa City • SOBU district, build some excitement around that area • Address Economic Development policies again, especially with regard to sustainability measures required of developers • Continue economic development efforts • Continued investment in Towncrest • Moss property, industrial park and multiple infill sites need to be developed before moving to outlying areas Urban Core • Ped Mall • Continue to work on improvements to signs downtown in partnership with ICDD • Riverfront Crossings investments - park, arterial street streetscapes, riverfront improvements, river and creek bank stabilization • Inclusionary Housing Ordinance for Riverfront Crossings District • Update Zoning Code for downtown - update regulations associated with exterior appearance, signs, and consider Form Based Code elements • Continue great support of ICDD initiatives • Downtown development for middle income retirees or soon to be retirees who enjoy urban living. Provide access to neighborhood shopping options • Develop museum/music school campus to enhance entertainment district • Continued emphasis on land acquisition and development of Riverfront Park (old sewer north sewer plant and City Carton properties) Healthy Neighborhoods • Increase in Housing Code enforcement • Affordable housing • Infill sidewalks • Incentives for building owners to invest in their properties to increase tax base, especially in Urban Renewal Areas • Grow walkability, bikeability, livability • Continued emphasis on property maintenance • Neighborhood infrastructure IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 Finance/Budget • Local Option Sales Tax • Refine processes to expand opportunities to save money and improve image by working together on City projects whenever possible Communications and Marketing • Enhanced customer engagement and communication/marketing • Continue conversations about how to grow population and housing so that all are welcome • Racial equity initiatives - employment, leadership, DMC, schools/neighborhood balance • Tell our story Other New Initiatives City perations and Facilities • City-wide tech audit • Offer bus service on Sundays/expansion of bus routes • ADA improvements to facilities • More opportunities for employee engagement and cross division relationship building • Cross -train city staff • Work with private transit providers to augment city transit system • Electronic/online permitting and bidding • List of historically significant buildings/homes/districts • Inter -department collaboration IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 Public Works • Public Works campus - cleanup/marketing old sites • Alternate side parking policy to aid winter maintenance activities • Update snow policy • Review and potential update of alley policy • Additional street maintenance options/programs to improve condition and increase longevity (chip seals) • Investigate Leaf Collection Program options • Improve winter maintenance through use of liquids (salt brine) for anti - icing and de-icing, and use of new equipment like underbody plows • Better training and professional development opportunities for field staff • Reclassification of Streets positions to include a MWIII in traffic signs area to overcome apprehension of working in area due to limited advancement opportunity. • Replace 3 biosolids dewatering presses, including ventilation system • Replace existing 1 KW generator with a 2 KW generator capable of operating with the full plant electrical load in emergency conditions • Replace rake mechanisms in primary clarifier • Replace aging rake mechanisms in remaining 25 -year old primary and secondary clarifiers • Continue with yearly sewer maintenance program • Upgrade and provide flood protection for West Park Lift Station • Continue to eliminate lift stations where applicable and to modernize those that remain to extend their useful life • Replace process pumps in the treatment plant proper, including 3 Return Activated Sludge pumps, and 3 Sludge Recirculation Pumps (digester building) • Continue process of determining solutions to problems related to upcoming mandated effluent limits. • Replace 15 -year old heat exchangers in anaerobic sludge complex • Continue with downtown development to enhance appearance and diversify commercial offerings Infrastructure • Complete Gateway project • Complete 1St Ave grade separation • Management of specific infrastructure and maintenance items on annual basis to improve infrastructure condition, scheduling, and budgeting (street light and traffic signal pole painting and replacement) • Update residential street standards to include gravel base with edge drains to improve condition and increase longevity, and control/minimize street creep IOWA CITY GOAL SETTING SESSION - DEPT. HEADS - 2015 Streetscape enhancements, street improvements, eliminate one -ways, road diets Convert to Statewide Urban Design and Specifications (SUDAS) • Complete Streets design manual Library • Library Bookmobile Parks and Recreation - - - - • New recreation center with indoor/outdoor pool, indoor track and baseball/softball practice facilities on west side of town • Baseball/Softball fields in Camp Cardinal Rd area • Modern improvements to aging rec centers and aquatic facilities • Look for alternate sites for Lower City Park amenities - will continue to flood • Rec programming partnerships with outside groups • Expand rec programming to neighborhoods • Better marketing of rec services • Capital funding plan for significant park and facility upgrades, as well as new parks in growth areas (east side, RFC) • WiFi in public parks • Park planning and redevelopment, maintenance, operations service delivery • Continued acquisition of park land and support for Parks and Recreation staffing • Planning - trails, greenspaces Public Safety • Continue to promote downtown security issues • ICFD/ICPD reading program in elementary schools - pilot course in development stage • Provisional Paramedic Service • Feasibility study of creating Fire District • Inspection services - decrease redundancy of fire/building inspections • Self -inspection program for city buildings/departments • Fire Station 1 relocation • Identify areas for future fire stations/fire training/storage • Remove Gun Free zones - calling card for violent acts to happen; train employees to allow for conceal carry for personal safety • Deal with civic campus issues • Make streets safer for bicycle traffic IOWA CITY GOAL SETTING SESSION - DEPT. 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OL OO O E 'C m °o u f6' v v a a O° E L C O O v Eo > > Cv O N Y O O a E d 3 v CC O u O u 0 'n a v y w a m o w m v e a v ° u o `v o >E E o v a o O a m w v ¢ v E C v L � a 3 0 m on � � L Y - W O � m 3 � a o v L � Z ~ � � O � U Ov O 0 N 0� E N •� 3 '^ '^ w a 'o ° o to U o 0 U LL y ca U a U a N O N O v a v v v 0 v m 2 v m a E v Y < v Y v N v E v e o � a 0 a 0 v v v v O N N N N U fA > > v N N E 2 t6 Ld w o 0 y ° ° > O v v = L V U U � 2 U N U N C _ ZJ O ) N � U U U O C O C O C J J v N C O U C O U p E _ U m N U m v L C 2 L F v 2 O � C O V N = u t t w n m 0 v v n v i.n o Cnv o Cnv 3 � m m o � D d tDn a) H f6 f6 U w G a N v 0 a `6 Y L 3 o N � N N � � i ri O C � C O ? Y v N N Nw 0 w w 3 w E E O a o v a vu v E a a m a > a a o 0 o v o w h E w 0 o w o ° o Lca L g „ m y a2 2 v 2 v w w o O - m E w o u O u v O u " i E O L F O H O U O O m L N 0 U N C u O O � U C D➢ O U C v � C D➢ L F a N 3 m N o D O v N U O v C .O J v O N y - D uN 2 2 v `o c c O m p i.n >v a 0 a E 0 m O a o a f6 U w G ^V` W ny }i n.i 0 cu }i cz ny }i fN V cz V) 4-1 ri W O i.� a c cz w (1� V 1 i..l cu }i U v a L C D➢ d W 0 O K Q C � N d � N N C N O � L O O E 2 O > N � ? a m `v > m v > E p C Y 3 o `v v > 3 v a � E v a v m w v fA c 'O `o uv °- w ^� o a f6' 2 m o. ° O v E u 2 v 0 v v 0 L >u O 0 Vo a 2U O O N x N m F m N p v OC v E J O L F E O O➢ > p O � a C O E C to L O m m U O `v C w � 3 m o 0 �v 0 L F Y � Y U o v 2 0 0= v = E c > a 0 °o E •� > O i L > \ O O a a E w a n 0. E E `oma v L ?nE m — N Z Y N d O d CU U Cl, y D r-, au C ny 0 cu .ny }i cz }i FN cz V) }i ri cu .O i.� a cz w c i.� cu }i 3 `v a w oy � v � v ' = f6 v m v 3 v o ° in = 0 _ w = a U •� on 3 v m o a - o j Y i. tDn aca N c Q U r �.® CITY OF IOWA CITY 1P4 ®� MEMORANDUM Date: November 18, 2015 To: City Council and Department Heads From: Tom Markus, City Manager Re: Lawrence, Kansas City Manager Search I have been selected as a candidate for the City Manager position of Lawrence, Kansas. The interview process will be public and therefore I write you to provide advance notice that this process will occur and that I will be involved in it. The City of Lawrence is the home of the University of Kansas, has a population of over 90,000, has over 800 employees, and an annual budget in excess of $200 million. Lawrence shares many of the same challenges facing Iowa City as well as many issues that are unique to Lawrence. I have visited Lawrence and find it to be a highly desirable community. The City is located halfway between Kansas City and Topeka, Kansas. On a personal note, I have family members who live within close proximity to Lawrence. I am interested in Lawrence because of its 'town and gown' environment and the challenges and opportunities I will face in a larger jurisdiction. The University of Kansas has long been known as having the country's premier Public Administration program which should also provide further opportunities to the next City Manager of Lawrence. I will endeavor to keep you apprised as this process progresses. Thank you for your understanding and support. From: James Throgmorton <jthrogmo@yahoo.com> Sent: Wednesday, November 18, 2015 11:00 AM To: Marian Karr Cc: Eleanor M. Dilkes; Tom Markus Subject: Recusal Marian, I am aware that some people think I have a conflict of interest with regard to The Chauncey project. In connection with earlier council decisions I was advised that I did not have a legal conflict, but recent changes in the context, especially Trinity Church's decision to appeal a District Court ruling, have led me to conclude that the perception of conflict is, in itself, important. I have decided, therefore, to recuse myself from any future City Council actions pertaining to The Chauncey. Please share this with the Council and the public in an appropriate manner. Jim r w��•'••p CITY OF IOWA CITY 11-19-15 MEMORANDUM Date: November 19, 2015 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: KXIC Radio Show At your November 10th work session, and follow-ups conversations, Council Members agreed to the following schedule for the Wednesday 8AM radio show. Wednesday November 25 — Hayek December 2 — Mims December 9 — Botchway December 16 — Dickens December 23 — Botchway (pre-recorded) December 30 - Hayek In addition we are adding a 7:15 — 7:45 AM the first and third Friday of each month: Friday - - - - November 20 — Botchway December 4 — Mims December 18 — Throgmorton ** Please remember that KXIC is very flexible with taping the Wednesday sessions ahead of the show. It is the intent of the Friday interviews to be live. U: radioshowappts.doc rTrTrTrml IP7 TkavL Yo c� � df lk-,l NO d oh ojlai fc/ �� p roJtc*, BOY SCOUTS OF AMERICA Dear Mr. Dickens, Thank you for your generous donation to my Eagle Scout project. This was a very long and large project that required many resources and a lot of time to complete. Your support of this project helped me achieve the goals of the project and my personal goal of becoming an Eagle Scout. During the work on the project, we received many compliments and encouragement for the new trail bridge in Hickory Hill Park. I am very happy with the completed project and the benefits it will bring to the visitors of the park. I hope you will support other worthwhile Eagle Scout projects in the future so others can benefit the communities they serve and achieve their own goals of becoming an Eagle Scout. Sincerely, Taco CJ�4-S c k /'Robe 2 / 2 I. Above: Off -Site arch and pier assembly 01/15/15 through 04101115. Below: Hauling and delivery materials to bridge project location in April. 0 K Rx r / y, V _ 1 � I. N . t4 F .1 MM"Imic-2t I �VN"v AW/I One Ra � .y 3:, �. y S.r tea: /-,vY _• City of Iowa City PROCLAMATION Whereas, U.S. President Woodrow Wilson proclaimed an Armistice Day for November 12, 1919, and the United States Congress passed a parallel resolution seven years later on June 4, 1926, to make the 11th of November every year an authorized holiday: "a day to be dedicated to the cause of world peace and to be thereafter celebrated and known as 'Armistice Day';" and Whereas, tonight we are here to honor all our veterans, courageous men and women who secure, defend, and maintain these core principles upon which our Nation's freedoms depend and especially those who are currently deployed; and Whereas, a study commissioned by the USAA and the U. S. Chamber of Commerce Foundation's Hiring our Heroes program ranks the Johnson County community as the seventh best small -sized metropolitan area in the nation for veterans to find civilian employment; and Whereas, on Veterans Day, let us pause to reflect on the sacrifices of those who have worn one of our Nation's uniforms, celebrate their infinite contributions, and realize that no proclamation or program can repay their commitment and dedication. Now Therefore, I, Matthew J. Hayek, Mayor of the City of Iowa City, do hereby proclaim November 11, 2015, to be Veterans Day in Iowa City and ask that the community remember the contribution our patriots have made to the cause of peace and freedom throughout our history. Mayor Signed in Iowa City, Iowa, this 11 `h day of November, 201 P ®� CITY OF IOWA CITY m1P9 MEMORANDUM Date: November 17, 2015 To: Tom Markus, City Manager Geoff Fruin, Assistant City Manager From: Stefanie Bowers, Human Rights Coordinator Re: Update on Recommendation to Include Participation in the Housing Choice Voucher Program to the definition of Public Assistance Source of Income in the Human Rights Ordinance. Introduction: On February 17, 2015 the Human Rights Commission (HRC) made a recommendation to the City Council asking them to consider including participation in the Housing Choice Voucher program (Section 8) to the definition of Public Assistance Source of Income under the Human Rights Ordinance (Title 2 of the City Code).' Including participation in the Housing Choice Voucher program to the definition would make it unlawful to refuse to sell, rent lease, assign, sublease, refuse to negotiate or to otherwise make unavailable, or deny any real property or housing accommodation to a person based only on their participation in the Housing Choice Voucher program. It would also prohibit directly or indirectly advertising, or in any other manner indicating or publicizing in any real estate transaction that a person is not welcome or not solicited because of participation in the Housing Choice Voucher program. History/Background: In a memo to City Council dated April 28, 2015, Steven Rackis, Housing Administrator for the Iowa City Housing Authority and Stefanie Bowers, Human Rights Coordinator for Iowa City, wrote that more information was needed before City staff could make a recommendation on including it. Recommendation: Over the last several months City staff in the City Attorney's Office, Human Rights Office and Neighborhood & Development Services Department evaluated whether the inclusion was lawful, would 1 Public Assistance Source of Income currently excludes rent subsidies. See Human Rights Ordinance §2-1-1. November 17, 2015 Page 2 adversely affect individuals who have lower incomes but are not participating in program and/or create any unforeseen consequences to affordable housing in Iowa City. On May 26, 2015, City staff met with area landlords at the Greater Iowa City Area Apartment Association monthly meeting to discuss and receive questions from them on the recommendation. On July 21, 2015, staff received correspondence from the Greater Iowa City Area Apartment Association who stated that they are not in support of the recommendation to include participation in the Housing Choice Voucher program to the definition. Although the Greater Iowa City Area Apartment Association does not support the inclusion of the program, City staff based on the information and research it has conducted supports the recommendation. Including participation in the Housing Choice Voucher program to the definition of Public Assistance Source of Income simply requires those renting housing units to treat all applicants equally.2 If a person who participates in the Housing Choice Voucher program applies for a housing unit but does not meet the selection criteria their application can be denied for those reasons. But if the person meets the qualifications of the selection criteria a housing provider could not refuse to rent to them solely on the fact that they participate in the Housing Choice Voucher program. A memo will be prepared for the City Council, in the near future, that provides the reasons City staff support the recommendation. The ordinance to amend the definition of Public Assistance Source of Income to include Housing Choice Voucher participation will be placed on the Council's agenda in early 2016. Z Person means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11 of the United States Code, as amended, receivers and fiduciaries. See Human Rights Ordinance §2-5-1(E). From: Thomas Larsen <tlarsen@mediacomcc.com> Sent: Wednesday, November 11, 2015 8:21 AM To: Marian Karr; Lee Grassley Cc: Steve Purcell; Edward Pardini; Todd Robinson Subject: RE: Fiberavailability Marian — One additional question related to item 3 is how long is the term of the fiber lease agreement between ImOn and the City? Thanks. - Tom Thomas J. Larsen Senior Vice President, Government & Public Relations Mediacom Communications Corp. One Mediacom Way Mediacom Park, NY 10918 Phone: (845) 443-2754 Mobile: (845) 820-9774 Fax: (845) 698-4570 Email: tlarsenAmediacomcc.com Above email is for intended recipient only and may be confidential and protected by attorney/client privilege. If you are not the intended recipient, please advise the sender immediately. Unauthorized use or distribution is prohibited and may be unlawful. From: Marian Karr [mailto:Marian-Karr@iowa-city.org] Sent: Wednesday, November 11, 2015 9:19 AM To: Lee Grassley Cc: Thomas Larsen; Steve Purcell; Edward Pardini; Todd Robinson Subject: Re: Fiberavailability Thank you. We will be back in touch. Marian Sent from my iPhone On Nov 11, 2015, at 7:49 AM, Lee Grassley <1 r�� assleygmediacomcc.com> wrote: Marion, Here are the questions I raised at the public hearing last night. 1. How much excess fiber capacity does the City have currently? Where are those fibers located? 2. Is the City's excess fiber capacity available for lease by anyone? Or was it just offered to ImOn? 3. How much is ImOn paying to lease the City's excess fiber capacity? How were those rates determined? Thanks in advance for your response. Lee Grassley Senior Manager Government Relations 6300 Council St. NE Cedar Rapids, IA 52402 319-395-9699 ext.3461 2 November 18, 2015 Mr. Lee Grassley Senior Manager Government Relations 6300 Council St. NE Cedar Rapids, IA 52402 Transmitted Via Email Dear Mr. Grassley: 1 b 1 -so V ; ]1b �► U47=01 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 3S6-5000 (319) 3S6-5009 FAX www.icgov.org This letter is intended to address the questions that you and Mr. Thomas Larsen submitted via three separate emails to the Iowa City City Clerk on Wednesday, November 11th. The questions we received along with our responses are listed below: 1. How much excess fiber capacity does the City have currently? Where are those fibers located? The City has not inventoried our excess fiber capacity. As with any other public infrastructure, request for shared use is considered on a case by case basis. If Mediacom or any other entity wishes to explore use of City infrastructure, then we are more than willing to meet with you to discuss such opportunities. As an example, City staff met with Mediacom representatives on October 8th to explore shared infrastructure for a Wi-Fi initiative that Mediacom is launching. 2. Is the City's excess fiber capacity available for lease by anyone? Or was it just offered to ImOn? Use of City infrastructure is not exclusive to ImOn. If there are opportunities to facilitate enhanced services to the public through use of City existing infrastructure then we will consider those on a case by case basis. As such requests are received from various entities we will actively explore whether or not shared infrastructure arrangements are in the community's best interest. 3. How much is ImOn paying to lease the City's excess fiber capacity? How were those rates determined? These rates were specified in the agreement that the City Council recently approved. For the three separate fiber/conduit portions being leased the rate amounts to $5,339.65 per year or an average of $.14 per linear foot. The lease rates were determined by the City's cost of construction amortized over a 10 year period at 5% cost of funds. The cost was prorated based on the share of the conduit and fiber capacity being leased with an additional base administrative fee. 4. How long is the term of the fiber lease agreement between ImOn and the City? The term of the master agreement is ten years. Two of the lease projects have terms that are commensurate with the master agreement. The third lease is temporary, for a term of 1 year. November 18, 2015 Page 2 5. Could you also provide us with copies of the agreements that the City plans to enter into with ImOn. Also, with respect to the lease agreement for the space ImOn is renting at the Tower Place parking garage, how long is the term of the lease? And how was the annual rental rate of $2, 000 determined? Copies of the agreements were included in the publicly available City Council packet. For your convenience I have attached those to this correspondence as well. The Tower Place lease is for a term of five years. The annual rental rate is $1,951, or $16.26 per square foot. This rate was determined using the April 2015 appraised value of Unit 1 H of $275,000. That amount was amortized over ten years, to reach an annual lease for the entire space (1691 feet) of $27,500, which equals $16.26 per square foot. IMON is leasing 120 square feet at that rate. hope these answers satisfy your request for additional information. Please let me know if there are any further clarifications needed. Sincerely, Geoff Fruin Assistant City Manager Cc: Thomas Larsen, Senior Vice President of Government & Public Relations - Mediacom Prepared by: Liz Craig, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-360 RESOLUTION APPROVING A LEASE OF SECURE SPACE LOCATED IN THE IOWA CITY DATA CENTER TO IMON COMMUNICATIONS, L.L.C. WHEREAS, the City and ImOn Communications, L.L.C. have negotiated a 5 -year agreement for the rental of secure space located at the Iowa City Data Center for the placement of IMON communications equipment; WHEREAS, because the term of the agreement exceeds three years, state law requires a public hearing; and WHEREAS, following public hearing, the City finds that the agreement should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to sign and the City Clerk to attest to the attached lease agreement. Passed and approved this 10th day of November .9 2015. MAYOR Approved by ATTEST: A'�" 1011,115— CITY 0 ,111x"'CITY CLERK City Atto ey' Offic Resolution No. 15-360 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway x x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IMON COMMUNICATIONS, L.L.C. This Commercial Lease Agreement ("Lease") Is made and effective October 20, 2015, by and between, the City of Iowa City, Iowa ("Landlord") and ImOn Communications, L.LC. ("Tenant"). RECITALS WHEREAS, Landlord is the owner of land and Improvements commonly known and as the Iowa City Data Center, located inside Unit 1 H of the Tower Place and Parking Facility at 6 S. Linn Street, Iowa City, Iowa; WHEREAS, within the Iowa City Oats Center. there are temperature-controoled, fenced, secure cages used for the placement, storage and maintenance of communications equipment; WHEREAS, Cage No. 2, which is an approximately 120 -square foot such space, Is currently unused by Landlord; WHEREAS, Landlord desires to make available for lease to Tenant Cage No. 2 for the placement of oommunications equipment, for the term and at the rental rate and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, and other good and valuable consideration, it is agreed: 1. Leased Premises. The Landlord does hereby lease to Tenant the approximate 120 square foot area known as Cage No. 2 within the Iowa City Data Center, located inside Unit 1 H of the Tower Place and Panting Facilityat 6 S. Linn Street, Iowa City, lova ("Leased Premises' for the purpose of ImOn placing communications equipment therein. 2. Term. A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the some from Landlord, for an "Initial Term" beginning December 1, 2015 and ending November 30, 2020. Landlord shall use its best efforts to give Tenant possession as nearly as possible at the beginning of the Lease term. if Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. B. Upon mutual agreement of the parties. Tenant may renew the Lease for an extended tern of five years. Tenant shall exercise such renewal option, If at all, by giving written notice to Landlord not less than ninety (90) days prior to the expiration of the Initial Term. The renewal term shag be at a rental rate to be negotiated prior to the Initiation of that term and otherwise upon the same covenants. conditions and provisions as provided in this Lease. KNi7M A. Tenant shall pay to Landlord during the Initial Term rental of $1951 per year ($16.26/SF/Year). B. The rental for any renewal lease term, if created as permitted under this Lease, shall be at a rental rete negotiated prior to the initiation of the renewal tern. 4.lM The parties acknowledge and agree that the Tenant shall utilize the Leased Premises for the Installation and maintenance of communications equipment. The parties also acknowledge and agree that the Tenant shall be responses for the Installation and maintenance of all Tenant infrastructure, hardware, and equipment installed therein. 5. Sublease and Assianmerh. Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease In whole or in part without Landlord's consent. 6. Alterations and Improvements. Tenant shall not make any alterations, improvements, or repairs to the Leased Premises, aside from the Installation of the communications euipment contemplated by this Agreement. 7. Property Taxes. Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property, 9 any, at the Leased Premises. 8.1naurance. A. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, empioyees or invitees, Tenant shall be responsible for the costs of repair not covered by Insurance. B. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, Including removable trade fixtures, located in the Leased Premises. C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general iiabli ty insurance with respect to the respective activities of each In tate Building with the premiums thereon fully paid on or before due date, issued by and Page 2 of 7 binding upon some insurance company approved by Landlord, such insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily Injury, property damage or combination thereof. Landlord shall be listed as an additional Insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide Landlord with current Certificates of insurance evidencing Tenanfs compliance with this Paragraph. Landlord shall not be required to maintain Insurance against thefts within the Leased Premises or the Building. The parties acknowledge and agree that Tenant does not currently plan to use significant power or utilities as part of its use of the Leased Premises. A convenience outlet is provided a part of the Leased Premises for the use of de minimus power usage. If Tenant requires more significant power or utilities this Agreement may be amended so as to allocate the costs of that usage specifically to Tenant. 10. Entry. Landlord will allow reasonable access to the Leased Premises for the purposes of Installation, maintenance, and repair of the communications equipment by Tenant's representatives. Tenant acknowledges that In order to maintain the security of the Leased Premises, Tenants access to the Leased Premises will be permitted upon the following conditlons: a. General maintenance and repair shall be performed between the hours of 8:00 am and 5:00 pm., Monday -Friday. b. Tenant will provide Landlord with a list of the names of authorized Tenant representatives that will enter the Leased Premises. Tenant will keep Landlord apprised of changes to this list of authorized persons In a timely fashion. c. All Tenant representatives that access the Leased Premises will complete a satisfactory criminal background check through the Iowa Department of Public Safety and provide the results to Landlord prior to any entry into the Leased Premises. d. All Tenant representatives that access the Leased Premises will sign Into a logbook showing the name, title, time -In, and time-out of access. e. Twenty-four access for emergency repair or service disrupting maintenance is permitted. Tenant will notify Landlord when after -hour access is required. f. No Tenant representative will alter, service, Interfere with, or in any way access, touch, or use cages, equipment or hardware owned by Landlord that is also located within the Iowa City Data Center. g. Tenants may use existing fiber raceways or install new fiber raceways in order to conned fiber into Tenant cage. Page 3 of 7 11. Buiidina Rules. Tenant will comply with the rules of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, Invitees and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in writing. 12. Subject to Section SA above, If the Leased Premises or any part thereof or any appurtenance thereto Is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and 9 such damage does not render the Leased Premises unusable for Tenants purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph. Landlord shall not be liable for any delays resulting from strkm governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonebte control of Landlord. Tenant shell be relieved from paying rent and other charges during any portion of the Lease tern that the Leased Promises are inoperable or unfit for occupancy, or use, in whole or In part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, If any, but If no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, In whole or in part, for Tenanrs purposes. 13. Detautt. If default shall at any time be made by Terarnt In any material provision of this Lease, and If said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made In any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commended and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and K possession of the Leased Premises Is not surrendered, Landlord may reenter said premises. Landlord shall have, In addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. &&O-771107=7�.1 Page 4 of 7 Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant In exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shag cease when the public authority takes possession, and Landlord and Tenant shall account for and sums due and owing as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shag have any rights In or to any award made to the other by the condemning authority. 16. Notice Any notice required or permitted under this Lease shall be deemed sufficiently given or served If sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: City of Iowa City, Iowa City Clerk 410 E. Washington St. Iowa City, Iowa 52240 If to Tenant to: lmOn Communications, LLC CEO 6261" St SE, Suite 250 Cedar Rapids, IA 52401 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 17. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default If such default persists or Is repeated. and no express waiver shall affed any default other than the default specified In the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shag not be construed as a waiver of a subsequent breach of the same covenant, term or condition. Page 5 of 7 18. Memorandum of The parties hereto contemplate that this Lease should not and shall not be tiled for record, but In lieu thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease. 19. Headinas The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 20. Successors. The provisions of this Lease shall not be transferable to successors or assignees of Tenant without prior written approval from Landlord, which, shall not be unreasonably withheld. 21. Indemnithr. Landlord hereby disclaims, and Tenant hereby releases the Landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of arty nature whatsoever sustained by Tenant its employees, agents or invitees during the term of this Lease, Including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored In the Premises, unless such loss, damage or Injury is caused by the Landlord's willful misconduct. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether to contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Leased Premises under this Lease. P*;] Tenant shalt comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenanfs use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 23. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that Is duly executed by both parties. Page 6 of 7 This Agreement shall be governed. construed and interpreted by. through and under the Laws of the State of Iowa. IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: CITY OF IOWA CITY as Markus, City Manager Tenant: IMON Page 7 of 7 0 Prepared by Trent Hansen, 410 E. Washington, Iowa City, IA 52240, (319) 356-5430 RESOLUTION NO. 15-361 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A MASTER AGREEMENT FOR SHARED USE PROJECTS BETWEEN THE CITY AND IMON COMMUNICATIONS, LLC, AND AN AMENDMENT PROVIDING FOR THREE SHARED USE PROJECTS. WHEREAS, the City of Iowa City has installed, and will continue to install, City -owned fiber optic assets, including fiber optic cables and ductwork, in the public rights-of-way; and WHEREAS, the City has some excess fiber and ductwork capacity; and WHEREAS, the City seeks to expand and enhance the availability of broadband connectivity to its citizens; and WHEREAS, ImOn Communications, LLC, a Cedar Rapids -based telecommunications company that provides high speed Internet, data, cable TV and phone service, is seeking to expand service to the Iowa City area; and WHEREAS, ImOn Communications will able to provide services to Iowa City residents at a lower cost if it is able to utilize the City's existing fiber optic assets; and WHEREAS, the City and ImOn Communications have negotiated a Master Agreement for Shared Use Projects whereby the City and ImOn can enter future agreements allowing the parties to lease or exchange facilities to accommodate their respective projects; and WHEREAS, the City and ImOn have further negotiated an Amendment pursuant to the Master Agreement for Shared Use Projects whereby Iowa City will lease excess City fiber and duct space to ImOn in three locations; and WHEREAS, it is in the best interest of the City to approve the attached Master Agreement for Shared Use Projects and Amendment 1 thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. City Council for the City of Iowa City hereby approves the attached Master Agreement for Shared Use Projects and Amendment 1 thereto, with ImOn Communications, L.L.C., as being in the best interest of the City of Iowa City and members of the public, and authorizes the City Manager to take whatever steps are necessary to execute future Amendments to the Master Agreement as appropriate. 2. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached Master Agreement for Shared Use Projects and Amendment 1 thereto, in duplicate, subject to the approval of the City Attorney's Office. Passed and approved this 10th day of November , 2015. Approved by ATTEST: 2&&4aaj2 7C • 'i-�l CITY-GLERK CitAttorneyjs T ce Resolution No. 15_ 61 Page 3 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway —x Dickens —x Dobyns -- x Hayek x Mims x Payne x Throgmorton ABSTAIN: x MASTER AGREEMENT FOR SHARED USE PROJECTS BETWEEN THE CITY OF IOWA CITY AND IMON COMMUNICATIONS, L.L.C. THIS AGREEMENT is made on the c: k day of / &MAVA12, , 2015, by and between the City of Iowa City, Iowa ("IOWA CITY" or "CITY") and ImOn Communications, LLC ("ImOn"). The CITY and ImOn may also be referred to as the "Parties" or "Party" as the context allows. WHEREAS, the CITY and ImOn desire to provide certain services and access to telecommunications fiber, equipment, and infrastructure assets owned by the other Party in order to reduce their operating costs, resulting in expanded and improved telecommunications services to the citizens of Iowa City, according to the terms and conditions of this Agreement. In consideration of the mutual covenants contained in this Agreement, the sufficiency of which is acknowledged, the parties agree as follows: This Agreement sets forth the initial terms and conditions which will apply to the CITY and ImOn relating to the shared installation, use, and maintenance of telecommunications fiber, equipment, and infrastructure assets and services within the City of Iowa City, Iowa. SECTION 1: IDENTITY OF THE PARTIES. 1.1 The City of Iowa City is a municipality of the State of Iowa incorporated in accordance with the relevant provisions of Iowa law. The CITY's Administration Offices are located at: 410 E. Washington Street, Iowa City, Iowa 52240. 1.2 ImOn Communications, LLC is a private limited liability company in the business of providing high speed internet, data, cable TV and phone service. ImOn's Administration Offices are located at: 625 18t Street, SE, Cedar Rapids, Iowa 52401. SECTION 2: DEFINITIONS. The following words shall have the meanings set forth below. Words in the singular shall be held to include the plural and vice versa. 2.1 "Agreement" means this document and any exhibits and/or amendments to this document or any other documents specifically incorporated into this agreement by reference. 2.2 "Cable Locates" or "Locates" means the identification of utilities through the Iowa One Call Center (IOC) pursuant to Iowa Code Chapter 480. 2.3 "Dark Fiber" means a number of fibers, normally expressed in number of glass strands unless otherwise stated, between two specified locations that have no optronics or electronics attached to it, thus no light/communications signal being transmitted through the fiber. 2.4 "Designated Fiber" shall mean the Fiber as identified in each Amendment, Appendix and Exhibit. 2.5 "CITY Duct" means a buried conduit or HDPE duct for the purpose of enabling the installation of one or more fiber optic strands installed by, owned by (jointly or individually) or allocated to the CITY, identified on the Exhibit(s) attached hereto. 2.6 "CITY Equipment" means facilities or equipment provided, owned or installed by the CITY in, around or on the Designated Fiber. 2.7 "Fiber" means a glass strand or strands which is/are protected by a color -coded buffer tube and which is/are used to transmit a communication signal along the glass strand in the form of pulses of light. 2.8 "Fiber Segment" means the length of similar fiber and fiber count between designated access splice points 2.9 "CITY Network" means the communications system operated by the CITY, as such systems exist now, and as it is modified from time to time. 2.10 "IRU" or "Indefeasible Right to Use" means the exclusive, unrestrictive and indefeasible right to use the relevant capacity (including equipment, fibers or capacity) for any legal purpose. 2.11 "Lit Fiber" means fiber-optic cable which is actively carrying a signal. 2.12 "Link Segment" means a specified length of fiber optic cable connecting two points. It may be a specified portion of a larger fiber optic cable network or it may be the entire network. 2.13 "OTDR" means Optical Time Domain Reflectometer which is the optical -fiber test instrument capable of measuring loss characteristics and displaying faults, splices, and other fiber events in single mode and multi -mode optical fibers. 2.14 "Other Fiber Owners or Lessees" means all others, either now or in the future, that obtain ownership of or lease rights to Dark Fiber strands or sheath. 2.15 "Proportional Share" shall mean the percentage of Lit Fibers, for each the CITY and ImOn, within the sheath. 2.16 "Re -locate" shall mean when it is necessary to Re -locate a current fiber facility to a different location. 2.17 "Restoration" shall refer to restoring fiber optic cable to service after damage or cut incident. 2.18 "Route Maintenance" related to cable and the route/right of way (ROW) shall refer to repair of areas of exposed cable or degraded ROW, for example due to erosion or poor initial installation. 2.19 "SUP" shall mean Shared Use Project as identified and described in each Amendment added to the Agreement. SECTION 3: SCOPE OF WORK. 3.1 Scope of Services. Each SUP performed under this agreement must be set forth, in writing, in a Scope of Services document, that will be incorporated into this agreement via an Amendment to this agreement, which shall be signed by both Parties. 3.1.1 Each SUP Scope of Services document shall at a minimum identify and address the following: • Location of the project • Description of the project o Specific end points o Length of segment o Line drawings ■ Tenn of the project ■ Fiber and/or Duct Route, count, allocation and identification of any additional parties involved ■ Fiber and/or duct map ■ Responsibilities of each Party ■ Ownership of the fiber and/or duct ■ Fiber and/or duct maintenance responsibility o If the CITY or ImOn are not providing maintenance and restoration, the amendment shall identify the service provider and the service levels for advance notice of maintenance activity and restoration times, in the event of a cable cut ■ Fiber repairs and restoration ■ Telecommunication Services related to the SUP ■ Project financials (costs and obligations) • Which Party bears cost for future locates ■ Which Party bears cost for future relocates 3.2 Amendments to Scope of Services and Specifications. The Parties agree that a Scope of Services document referenced in sections 3.1 and 3.1.1, and the specifications contained therein, may be revised, replaced, 2 amended or deleted at any time during the term of this Agreement to reflect changes in service or performance standards only upon the mutual written consent of the parties. 3.3 Industry Standards. All splicing services rendered pursuant to this agreement shall comply with the Standards set forth on Exhibit A attached ("Splicing, Testing and Acceptance Standards for Single Mode Fiber") which is incorporated into this Agreement by reference. All other services rendered pursuant to this Agreement shall be performed in a professional and workmanlike manner in accordance with the terms of this Agreement and with generally acceptable industry standards of performance for similar tasks and projects. Any services performed in violation of these standards will be corrected at no cost to the affected Party, such that the services are rendered in the above-specified manner. 3.3.1 As a general practice, the Designated Fiber optic cable shall be buried versus aerial, unless determined by mutual agreement of the parties, to be more economically feasible for short sections; i.e. rock area. 3.4 The City and ImOn contact procedures are listed in Exhibit B, Maintenance and Support Contacts and On Call Procedures, which are attached and incorporated into this Agreement by reference. Upon the addition of each SUP Scope of Services document to the Agreement pursuant to sections 3.1 and 3.1.1, the Parties shall review the information contained in Exhibit B and update the information if necessary. 3.5 Non -Exclusive Rights. This Agreement is not exclusive. The City and ImOn reserve the right to select other service providers or entities to provide services similar or identical to the services referenced in this Agreement or set forth in the Scope of Services documents referenced in sections 3.1 and 3.1.1 of this Agreement during the term of this Agreement. 3.6 City Property. Except as provided in a specific project attachment, ImOn shall not, and shall not permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise tamper with any CITY property without the written consent of the CITY. The Parties agree that no party other than the CITY or a contractor under the direct supervision of the CITY shall be permitted to perform maintenance or splicing on the Fiber. 3.7 ImOn Equipment. ImOn shall have sole responsibility for installation, testing and operation of ImOn Equipment. The CITY shall not be responsible for the operation or maintenance of any ImOn Equipment. The CITY shall not be responsible for the transmission or reception of communications or signals by ImOn Equipment or for the quality of, or defects in, such transmission or reception. SECTION 4: COMPENSATION. 4.1 Payment Terms. Upon completion of the services, duties and responsibilities that a Party is required to provide under a SUP Scope of Services document referenced in sections 3.1 and 3.1.1, each Party shall submit itemized invoices to the other Party that identify the services provided in connection with the Scope of Services document and the amount claimed for the services provided. Either Party may vary the terms of this provision by paying the invoice in less than 60 days as provided in Iowa Code. However, an election to pay in less than 60 days shall not act as an implied waiver of Iowa Code. Any sums owed by the other Party shall be itemized and added to the invoice prior to submission. If either Party disputes the amount of any invoice, the Party will notify the other Party of the dispute within 30 days of receipt of the invoice. Payment of the disputed amount may be withheld until the dispute is resolved. 4.2 The Compensation section of each Scope of Services document incorporated into this Agreement via Amendment under section 3.1 and 3.1.1 above, shall be reviewed thereafter every 36 months from the initial date of execution. 4.2.1 When reviewing the Compensation section of each Amendment the value of services (e.g., locate services, internet bandwidth) and infrastructure (e.g., fiber optic cable, conduit) provided by ImOn and CITY, both one-time and ongoing, shall be considered. SECTION 5: TERM. This Agreement is effective upon signature of all Parties and will continue for ten (10) years or until either Party provides notice as detailed in Section 10. 3 SECTION 6: COLLOCATION. To the extent that ImOn wishes to collocate equipment in any CITY facility, the Parties shall enter into a separate collocation agreement for each site. SECTION 7: EXCLUSION OF WARRANTIES. THE CITY MAKES NO WARRANTIES TO ImOn OR ANY OTHER ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE INSTALLATION, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE DESIGNATED FIBER, ANY FIBERS, OR THE SYSTEM, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. SECTION 8. INDEMNIFICATION. 8.1 To the fullest extent allowed by law, ImOn shall indemnify, defend and save the CITY, CITY officers, agents, employees and contractors from all claims, suits, losses, damages, fines, penalties, liabilities and expenses (including CITY's actual and reasonable personnel and overhead costs and attorneys' fees and other costs incurred In connection with claims, regardless of whether such claims involve litigation) resulting from any actual or alleged injury (including death) of any person or from any actual or alleged loss of or damage to, any property to the extent arising out of or in connection with (i) ImOn's use of CITY communications equipment, facilities, or fiber (ii) ImOn's breach of its obligations hereunder. ImOn agrees that the foregoing indemnity specifically covers actions brought by its own employees. This indemnity with respect to acts or omissions during the Term shall survive termination or expiration of this Agreement. 8.2 Nothing contained herein shall operate as a limitation on the right of either Party hereto to bring an action for damages against any third party, including indirect, special or consequential damages, based on any acts or omissions of such third party as such acts or omissions may affect the construction, operation or use of the Designated Fiber; provided, however, that each Party hereto shall assign such rights or claims, execute such documents and do whatever else may be reasonably necessary to enable the other Parry to pursue any such action against such third party. SECTION 9. LIMITATION OF LIABILITY. Notwithstanding any provision of this Agreement to the contrary, in no event shall either Parry be liable to the other Party for any special, incidental, indirect, punitive or consequential damages, whether foreseeable or not, arising out of, or in connection with, transmission interruptions or problems, or any interruption or degradation of service, including, but not limited to, damage or loss of property or equipment, loss of profits or revenue, cost of capital, cost of replacement services, or claims of customers, whether occasioned by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by, the other Party or any other cause whatsoever, including, without limitation, breach of contract, breach of warranty, negligence, or strict liability all claims for which damages are hereby specifically waived. 10.1 Termination for Cause. In the event a breach of this Agreement occurs, the non -breaching Party may give written notice, pursuant to section 11.8, to the Party that committed the breach, which notice shall advise that party of the specific facts and circumstances that constitute a breach of the Agreement and further advise the Party that it has thirty (30) days to cure or correct the breach. If the breach is not cured or corrected at the end of this thirty (30) day period, the non -breaching Party shall have the right to terminate this Agreement at the end of a one hundred - eighty 180 day period, which period shall start upon written notice, delivered to the Party in breach pursuant to section 11.8, of the Party's intention to terminate the agreement in 180 days. 10.2 Disposition of Fiber Optic Cable. If the CITY and ImOn are the only Parties within the fiber sheath and in the event that a Party elects to permanently terminate the use of its Designated Fiber referenced in any document that has been attached to this Agreement or incorporated into this Agreement by reference, the cable sheath and associated components, splicing hardware and any installed underground conduit, all items previously described will be considered to be abandoned and ownership shall be offered to the other Party at no cost. If either Party abandons the Fiber, the receiving Party shall be responsible for all costs associated with maintenance and operation of the cable, including all costs associated with any subsequent cable abandonment by the receiving Party. 4 SECTION 11. CONTRACT ADMINISTRATION. 11.1 Amendments. This Agreement may be amended in writing from time to time by mutual consent of the Parties. All Amendments to this Agreement must be in writing and signed by both the CITY and ImOn. 11.2 Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. This Agreement is intended only to benefit the CITY and ImOn. 11.3 Choice of Law and Forum. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any judicial proceeding is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be in Johnson County District Court for the State of Iowa, Iowa City, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the ImOn, the CITY, or the State of Iowa. 11.4 Integration. This Agreement, any Scope of Services document, Schedule, Addendum, Amendment, Rider or Exhibit attached to this Agreement or incorporated into this Agreement by reference, represents the entire Agreement between the Parties and neither Party is relying on any representation that may have been made which Is not included in this Agreement. 11.5 Not a Joint Venture. Nothing in this Agreement shall be construed as creating or constituting the relationship of a partnership, joint venture (or other association of any kind or agent/principal relationship) between the Parties hereto. No Party, unless otherwise specifically provided for herein, has the authority to enter into any agreement or create an obligation or liability on behalf of, in the name of, or binding upon another Party to this Agreement. 11.6 Waiver. Any breach or default by either Party shall not be waived or released other than by writing signed by the other Party. Failure by either Party at any time to require performance by the other Party or to claim a breach of any provision of the Agreement shall not be construed as affecting any subsequent breach or the right to require performance with respect thereto or to claim a breach with respect thereto. 11.8 Notices. Any and all notices, designations, consents, offers, acceptances or any other communication provided for herein shall be given in writing by registered or certified mail, return receipt requested, or by receipted hand delivery, by Federal Express, courier, or other similar and reliable carrier, which shall be addressed to each Party as set forth as follows: I to the CITY: City of Iowa City, Iowa -�z N"" City Clerk 410 E. Washington St. _.,...... •. �r ... Iowa City, Iowa 52240 If to ImOn: ImOn Communications, LLC CEO 6251°' St SE, Suite 250 Cedar Rapids, IA 52401 Each such notice shall be deemed to have been provided at the earliest of the following: (a) at the time it is actually received; or (b) in the case of overnight hand delivery courier or services such as Federal Express with guaranteed next day delivery, within one day, or (c) in the case of registered U.S. Mail, within five (5) days; or when verified by automated receipt or electronic logs ff sent by facsimile or email. From time to time, the parties may change the name and address of a Party designated to receive notice. Such change of the designated person shall be in writing to the other Party and as provided herein. 11.9 Cumulative Rights. The various rights, powers, options, elections and remedies of either Party, provided in this Agreement, shall be construed as cumulative and no one of them is exclusive of the others or exclusive of any rights, remedies or priorities allowed either Party by law. Nothing in this Agreement shall be construed as affecting, impairing or limiting the equitable or legal remedies to which either Party may be entitled as a result of any breach of this Agreement. 5 11.10 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion shall be severed from this Agreement. Such a determination shall not affect the validity or enforceability of any other part or provision of this Agreement. 11.11 Obligations beyond Agreement Term. This Agreement shall remain in full force and effect to the end of the specified term or until terminated or canceled pursuant to this Agreement. 11.12 Authorization. Each Party to this Agreement represents and warrants to the other that it has the right, power and authority to enter into and perform its obligations under this Agreement and that it has taken all requisite action (corporate, statutory, or otherwise) to approve execution, delivery and performance of this Agreement. This Agreement constitutes a legal, valid and binding obligation upon the parties in accordance with its terms. 11.13 Successors in Interest. All the terms, provisions, and conditions of the Agreement shall be binding upon and inure to the benefit of the parties hereto and are nontransferable to their respective successors, assigns, and legal representatives without the prior written consent of the other Party. 11.14 Counterparts and Facsimile Signatures. The parties agree that this Agreement has been or may be executed in several counterparts, each of which shall be deemed an original and all such counterparts shall together constitute one and the same instrument. The Parties further agree that the signatures on this Agreement or any amendment or schedule may be manual or a facsimile signature of the person authorized to sign the appropriate document. All authorized facsimile signatures shall have the same force and effect as if manually signed. 11.16 Assignment and Delegation. Neither Party to this Agreement shall assign, transfer or convey this Agreement in whole or in part without the prior written consent of the other Party. SECTION 12. EXECUTION. IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties have entered into the above Agreement and have caused their duly authorized representatives to execute this Agreement. CITY OF IOWA CITY By. Printed name: �� 4�� erg J 1 UQ.c,G 9 Title: 1"1'�Gluio� T Date: November 10, 2015 ImOn COMMQNIGATIONS, L.L.C. By. Date: N. APPnvl M By I i 9 /1 ity A"'t 's OMCS -k ekf- &!*av EXHIBIT A SPLICING. TESTING AND ACCEPTANCE STANDARDS for Sinole Mode Fiber All splices will be performed with an industry -accepted fusion splicing machine as per CITY splicing specifications. 2. Splices will be qualified during the initial construction by the core alignment system on the fusion splicer. 3. After end-to-end (site -to -site) connectivity on the fibers, the installing contractor will complete bi-directional span testing. These measurements will be made after all cable installation activities are complete for each span. Connectors will be cleaned as necessary to ensure accurate measurements are taken. • Installed loss measurements at 1550nm will be recorded using an industry accepted laser source and power meter. Continuity testing (checking for 'frogging') will be done on all fibers concurrently. • OTDR traces will betaken at 1550nm and splice loss measurements will be analyzed. Bell Core format will be used on all traces, unless both parties agree to another OTDR format. • All testing, power levels and OTDR traces will be conducted at 1550nm. • Installing Agency will pay for the testing at the 1550 level. • OTDR traces shall be saved in a standard file naming convention. One set of OTDR traces will be provided to each the CITY and the ImOn via electronic format. 4. The splicing standards are as follows: • The objective loss value of the connector and its associated splice will be 0.50 dB or less. • The objective for each Fiber within a span shall be an average bi-directional loss of 0.15 dB or less for each splice. For example, if a given span has 10 splices, each Fiber shall have a total bi- directional loss (due to the 10 splices) of 1.5 dB or less. Individual bi-directional loss values for each splice will be reviewed for high losses. • The aforementioned standards are objectives, not the basis for acceptance. The acceptance standard for each Fiber per span shall be calculated as follows: Span Loss = a (span distance in kilometers) + b (0.15 dB/splice) + c (0.50 db/connector) Where: a = maximum fiber loss in dB per kilometer for the specific fiber typetmanufacturer at 1550nm b = number of splice locations for the span c = number of connectors for the span 5. All connector splices will be protected with heat shrinks. Buffer tubes/ribbons will not be split across more than one splice tray. An industry accepted splice enclosure will be used on all splices. FIBER STANDARDS NOTE: Single mode fiber shall meet the SMF -28 standard. If the fiber to be used is existing fiber, previously installed prior to 1996, the CITY will require the manufacture date of the fiber to ensure compatibility with the balance of the associated fiber and installation equipment. NOTE: As stated in 3.3.1, as a general practice, the Designated Fiber optic cable shall be buried versus aerial, unless determined by mutual agreement of the parties, to be more economically feasible for short sections; i.e. rock area. 7 EXHIBIT B Maintenance and Support Contacts and On Call Procedures 1. Points of Contact. The Parties agree to provide points of contact for purposes of efficient management of this Agreement, in accordance with the following. 1.1 ImOn's primary point of contact is :rC ScQy c�*3 GU Phone Monday — Friday 8:OOPM to 5:OOPM After Hours 5:OOPM to 8:OOAM Escalation personnel: Name: Title: Email: Phone: 1.2. CITY primary point of contact is: ITS Service Desk 1(319)356-5411 Monday — Friday 8:OOPM to 5:OOPM: After Hours 5:OOPM to 8:OOAM: Escalation personnel: CITY Help Desk (319)356-5411 CITY Help Desk (319)356-5411 Name: Trent Hansen, Mike Harapat, or Alan Worden Title: ITS Staff Email: netops@iowa-city.org Phone: (319)356-5411 1.3 The Parties shall provide notice of any change in the respective point(s) of contact within 15 working days by notification via written media. 1.4 Requests for service and information sent by CITY employees who are not specified point(s) of contact and/or received by ImOn employees who are not specified point(s) of contact in Section 1.2 will be verified by the proper contacts of both parties before action is taken. 2. Trouble Reporting and Resolution. The CITY shall provide for the following trouble reporting and resolution procedures: 2.1 The CITY network is monitored 24 hours per day, 7 days per week, for real-time status and alarm conditions. The CITY network operations and maintenance are applicable to all services delivered by the CITY. The CITY Service Desk is the point of contact for trouble reporting. Following are service standards relative to operations and management of the network: 2.1.1 Network Surveillance. The CITY shall observe, monitor, analyze and report on all operations of the CITY Network. The CITY will identify network failures, troubles or degradation of service on the CITY fiber that is in use by the CITY. The CITY will notify the ImOn point(s) of contact of CITY network failures, troubles or degradation of service that will Impact ImOn. When the CITY network experiences failures, troubles, or equipment degradation the CITY will locate the failure and dispatch technicians. 2.1.1.1 Trouble Ticketing and Escalation Follow-up. Trouble tickets are opened within 10 minutes of any trouble reported by ImOn, staff, or vendors. Troubles generated by network surveillance are opened within 20 minutes on major alarms or daily thresholds. 8 2.1.1.2 All network outages (i.e. fiber cuts) and platform outages (i.e. video platform, internet and firewall) will follow current CITY Standard Procedures for escalation and resolution. 2.2 Scheduled Maintenance Activities. Unless expressly stated elsewhere in this Agreement, all Parties whose network traffic may be impaired or affected during the scheduled maintenance will be notified 3 business days before a routine scheduled maintenance window will take place. In the event that an "Emergency Maintenance Window" is required, the CITY will give ImOn as much advanced notice as possible. An emergency maintenance window is defined as repair work that is required to restore service that is not performing to engineered standards. If the scheduled maintenance day or time needs to be altered for ImOn, every effort will be made to accommodate the request. The CITY will provide notification (via the CITY MaintList e-mail server system) of scheduled maintenance activities to ImOn points of contact as maintenance windows are scheduled. ImOn must provide the CITY with valid contact names and telephone numbers for daytime and after-hours contact. ImOn must also submit their point of contact information for the CITY to add to the MaintList e-mail distribution system. Routine maintenance is scheduled to be worked between the hours of 8:00 PM and 6:00 AM and is not restricted to any one day of the week or weekend. The CITY will make every effort to assure that the least amount of disruption of service to our customers as the result of maintenance work being performed. The CITY also reserves the right to perform network maintenance as required for the common good of all users of the CITY network. Any maintenance activity that affects only one CITY customer will be scheduled and approved jointly with the affected customer. All other maintenance work will be performed by the CITY within its own discretion, within the timeframes stated within this section and within the notification guidelines also stated in this section, including the guidelines related to emergency maintenance. 2.3 Cable Locates. When any contractor or citizen of Iowa begins any type of excavating, they are required to inform the Iowa One Call Center (IOC). IOC will determine the location and call all utilities that may be affected. Based on the IOC notification, the IOC will dispatch from the locate desk maintenance personnel to the affected site. Such maintenance personnel will verbally clear the situation, physically mark the location, and/or stand by the construction site during digging. Measures to be used are determined by the proximity of the proposed digging to CITY/ ImOn cable. 2.4 Notification of Service Impairments. If service disruptions or degradation of service of any type is detected through network surveillance, the CITY Service Desk will notify ImOn point of contact or ImOn Help Desk via phone or via written media, including electronic mail, on the disruption as soon as identified and affected customers are determined. The CITY Service Desk will give updates on reported or detected service disruptions or degradation as follows: 2.4.1 Customer updates will be given as requested for Network Outages (including fiber cuts) and Platform Outages (i.e. Internet) during the standard business hours of 8:00 AM until 5:00 PM Monday through Friday. The customer can request continued updates for after hours if a contact name and telephone number is provided. 2.4.2 ImOn is required to notify the CITY Service Desk at 319-356-5411, of any planned outages that will impact the CITY and its ability to provide service to ImOn or other authorized users. This notification must be provided at least 5 business days before the work is to be done unless it is an emergency. 2.5 Due to the urgent nature, trouble calls shall be made to the CITY Service Desk via telephone: at 319-356-5411 or if service is unavailable through that number, alternatively to the Iowa City Police Department: 319-356-5275. 9 2.6 Customer Requested Escalations: 2.6.1 Other inquiries, including but not limited to billing, account history, status of service installation, and existing services in production, are to be addressed to ITS, City of Iowa City, 410 E. Washing Street, Iowa City, Iowa 52240 or cicnetops@iowa-city.org. 2.6.2 The CITY shall provide for trouble and inquiry resolution as follows: The CITY shall respond within 1 business day of an ImOn escalation request with updates, plans and/or resolutions followed by written or electronic confirmation of the updates, plans and/or resolutions within 3 business days. 2.6.3 Other inquiries, as noted in 2.6.1 above, within 3 business days after receipt of the inquiry by the CITY, the CITY and ImOn shall mutually agree to a upon the path to the inquiry resolution. 2.7 ImOn and the CITY will conduct periodic review of problems and develop procedures for outage and problem discussion and service improvement efforts. Examples include but are not limited to: chronic and recurring problems and major outages. 10 M AMENDMENT1 To MASTER AGREEMENT FOR SHARED USE PROJECTS THIS AMENDMENT is between the City of Iowa City, Iowa and ImOn Communications, LLC. In consideration of the mutual promises herein made, ImOn and the City agree as follows: SECTION 1. PURPOSE OF AMENDMENT. The Parties intend to amend the Agreement to add Schedules A.1 -A.4 and the attachments thereto. SECTION 2. AMENDMENT ALLOWED. Section 3.2 of the Agreement provides for this Amendment with mutual written consent of the Parties. SECTION 3. EXECUTION. In witness whereof in full consideration of the mutual covenants set forth above for other good and valuable consideration the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties have entered into the above Amendment and have caused their duly authorized representatives to execute this Amendment. All previous terms and conditions shall remain in full force and effect with the exception of previously mentioned modifications in this document. CITY OF IOWA CITY By: Title: Mayor ImOn COMMUNICATIONS, LLC By: Title: �. 7V AMA November 10, 2015 Applovod By ' f. t -' • tarn 's OIflC# Schedule A.1 Scope of Services PROJECT DESCRIPTION: The City agrees,to allow ImOn temporary use of 12 City fiber strands from Highway 6 & Gilbert in Iowa City, to the Iowa City Data Center. LOCATION, FIBER ROUTE, FIBER ALLOCATION, and DISTANCE: A. The City has existing cable per the attached drawing in Appendix 1 to this Amendment, known as the South Route Iowa City Data Center. B. The City will allow ImOn to temporarily use 12 strands in cable CF -106 (white buffer tube) (fiber count 61-72) between Iowa City Data Center at 6 South Linn Street and City hand -hole CIC -233 at South Gilbert Street and Highway 6. C. The total segment length is 8,800 feet. TERM: 1 Year, with a one year extension upon the written agreement of the parties. COMPENSATION: ImOn agrees to pay the City $731.03 per Year for the lease of the specked City fiber. CITY RESPONSIBILITIES: i. Non -Recurring Fiber Make -Ready Fee: N/A ii. Annual Maintenance Fee: N/A iii. Non -Recurring Installation Charges: N/A iv. Collocation Required: N/A V. Locate Responsibility: City owned cable and duct only. Vi. Maintenance Responsibility: City vii. Relocation Responsibility: City owned cable and duct only. ImOn RESPONSIBILITIES: i. Non -Recurring Fiber Make -Ready Fee: N/A ii. Annual Maintenance Fee: N/A iii. Non -Recurring Installation Charges: a. Imon shall provide one 2" duct into City hand -hole CIC 233 at its own expense. b. ImOn shall provide one tie cable at its own expense. ImOn shall also pay for the City contractor to splice the fibers to existing City Cables (CF -106) in City hand -hole CIC - 233. c. ImOn will provide a tie cable at ImOn's expense, and will pay for the City contractor to terminate in City's Data center fiber rack to patch to City owned cables (CF -106). d. ImOn will provide a tie cable at ImOn's expense for the City to terminate in City's Data center fiber rack to patch to City owned cables (CF -106). iv. Collocation Required: Tie cable registered with Iowa One Call V. Locate Responsibility: ImOn tie cables from ImOn to City owned hand hole CIC 233. vi. Maintenance Responsibility: ImOn Tie cable Only in City hand hole. vii. Relocation Responsibility: ImOn tie cables, ImOn duct and re -splicing to City cable. CITY PROPERTY. Except as provided above, ImOn shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair or otherwise tamper with any City property without the written consent of the City. The Parties agree that no party other than the City or a contractor under the direct supervision of the City shall be permitted to perform maintenance or splicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to the Master Agreement. .)N APPENDIX 1 As -Built Drawings CVLI E CIC 40 '.IC i l ` rrn4 ST h m OFTtITV I,rF AI-tl t -.L. al t IrJO V�V W [0 AJ H' 1 �• 1 S1 �Ci ru, )1 iL C7 3 Schedule A.2 Scope of Services PROJECT DESCRIPTION: The City agrees to lease City fiber to ImOn from the Iowa City Data Center at 6 S. Linn to the Iowa City Public Library, located at 123 South Linn Street, Iowa City, Iowa. LOCATION, FIBER ROUTE, FIBER ALLOCATION, and DISTANCE: A. The City owns cable (CF005) located between the Iowa City Data Center and the Iowa City Public Library, as per the line drawing attached as Appendix 2 to this Amendment. B. The City agrees to lease to ImOn two (2) Fiber strands (13-14) in the green buffer tube located in cable CF005 to ImOn. C. The total segment length is 2,100 feet. TERM: Commensurate with Master Agreement. COMPENSATION: ImOn agrees to pay the City $413.17 per Year for the lease of the specified City fiber. CITY RESPONSIBILITIES: i. Non -Recurring Fiber Make -Ready Fee: N/A ii. Annual Maintenance Fee: N/A ill. Non -Recurring Installation Charges: N/A iv. Collocation Required: N/A V. Locate Responsibility: City vi. Maintenance Responsibility: City vii. Relocation Responsibility: City ImOn RESPONSIBILITIES: i. Non -Recurring Fiber Fee: N/A ii. Annual Maintenance Fee: N/A ill. Non -Recurring Installation Charges: N/A iv. Collocation Required: N/A V. Locate Responsibility: N/A vi. Maintenance Responsibility: N/A vii. Relocation Responsibility: N/A CITY PROPERTY. Except as provided above, ImOn shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair or otherwise tamper with any City property without the written consent of the City. The Parties agree that no party other than the City or a contractor under the direct supervision of the City shall be permitted to perform maintenance or splicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to the Master Agreement. 4 C�. ef'H ... Schedule A.3 Scope of Services PROJECT DESCRIPTION: The City agrees to lease ImOn City duct space along Scott Boulevard for the placement of a single ImOn cable. LOCATION, FIBER ROUTE, FIBER ALLOCATION, and DISTANCE: A. The City owns duct and hand -holes located along Scott Boulevard along Scott Boulevard between Dodge St. and Highway 6 in Iowa City, as per line drawings attached as Appendix 3 to this Amendment. B. The total segment length is 26,051 feet. C. The City will allow ImOn to install one 192 fiber strand single mode cable within the existing 2" conduit and hand -hole system. D. The City will permit ImOn to leave maintenance/splice coils in the specified hand -holes until ImOn can place their own hand -holes during the 2016 construction season. E. ImOn and the City will mutually agree upon contractor selected to install ImOn's hand -holes. TERM: Commensurate with Master Agreement COMPENSATION: ImOn agrees to pay the City $4,195.45 per Year for the lease of the specified City duct space. CITY RESPONSIBILITIES: i. Non -Recurring Fiber Make -Ready Fee: N/A ii. Annual Maintenance Fee: N/A iii. Non -Recurring Installation Charges: N/A iv. Collocation Required: N/A V. Locate Responsibility: City owned duct and cable. vi. Maintenance Responsibility: City owned duct and cable. vii. Relocation Responsibility: City owned duct and cable ImOn RESPONSIBILITIES: I. Non -Recurring Fiber Fee: N/A i. Annual Maintenance Fee: N/A ii. Non -Recurring Installation Charges: a. ImOn shall provide the cable at its own expense. b. ImOn shall provide for any installation costs for the cable in City duct at its own expense. iii. Collocation Required: iv. Locate Responsibility: ImOn for the ImOn-owned cable only. V. Maintenance Responsibility: ImOn for ImOn-owned the cable only. vi. Relocation Responsibility: ImOn for ImOn-owned the cable only. CITY PROPERTY. Except as provided above, ImOn shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair or otherwise tamper with any City property without the written consent of the City. The Parties agree that no party other than the City or a contractor under the direct supervision of the City shall be permitted to perform maintenance or splicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to the Master Agreement. Appendix 3 As -Build Drawings 1-1 Appendix 3 As -Build Drawings 1-2 wu Milo n� M, 114 Do ISO c1c IN CIC 11B 8 .-10 A- .. yyE " D 1113 .VfN.kjl. 1+ Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356.5139 RESOLUTION NO. 15-362 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ImOn COMMUNICATIONS, LLC TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, ImOn Communications, LLC. desires to install a buried conduit system containing fiber optic telecommunications cable within City of Iowa City public rights-of-way; and WHEREAS, the City of Iowa City desires to enter into an agreement with ImOn Communications, LLC providing for the continued use of the public right-of-way and for the possible expansion of the existing facilities; and WHEREAS, it is in the public interest to enter into an agreement with ImOn Communications, LLC concerning the responsibility for the installation and maintenance of the fiber optic cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached agreement between the City of Iowa City and ImOn Communications, LLC to use certain streets and public rights-of-way as set out in said agreement for the placement of fiber optic cable is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at ImOn Communications' expense. Passed and approved this 10th day of November , 2015. ATTEST: CITY RK-AA4 A- Awe-, lle Approved by City Attorneys Office Resolution No. 15-362 Page 2 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: NAYS: ABSENT: Botchway x Dickens Dobyns x Hayek % Mims X Payne Throgmorton ABSTAIN: X AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND ImOn COMMUNICATIONS, LLC FOR USE OF PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly owned improvements on public property, Including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean publicly owned or controlled public land and rights-of-way, easements, bridges, parks squares and commons. d. "Network" shall mean ImOn Communications, LLC and shall include equipment owned, operated, leased, or subleased in connection with the operation of the network, and shall include cables, underground conduits, handholes, vaults, fiber optic cables, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain communications system in, under, upon, along and across the public property shown and Identified in Exhibits A hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the Network proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public Improvements or any existing City -owned public utility system component, or other structure upon or under public property, the Director of Public Works shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate interference and refer the same back to the Network for modification to the plans. Any such review, approval or plan modification shall be subject to the provisions in Section 8 herein. Such map, plan, or specifications, when properly modified, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans, or specifications. If the Network cannot make the requested modifications for whatever reason, the City is under no obligation to grant a permit. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for unless it Is an emergency as described in Section S. All work performed by Network shall be In accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed In public property at any time or for any purpose by the Network shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traft Control Devices. All pavement removed or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of public property, the Network shall, at its own expense, repair or cause repair to any private property public utility system component, public improvement or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION S. EXCAVATIONS The Network is authorized to make excavations in those City streets, avenues, alleys and public property shown on Exhibit A for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Network. In making such excavations, the Network shall obtain a permit pursuant to City Ordinances, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, a three (3) day notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require Immediate excavation, the Network may proceed with the work without first applying for or obtaining the pen -nit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any 2 curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by third parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall be binding upon and apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The fiber optic cable systems and other components of the facilities erected by the Network within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities In, on, over or under public property In such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purposes of facilitating the vacation and/or redevelopment of public property or public right-of- way by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Network. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The Network shall not place its facilities in the public property where the same will Interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The Network shall not place identification signs within the public right-of-way. Upon request, the Network agrees to assist in locating underground facilities which are part of Its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the Network shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll-free "One -Call" number. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right-of-way shall require Network to restore and replace 3 surface vegetation with sod and conformance with City ondinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The Network shall notify the City when it intends to abandon Its facilities. The Network shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the right-of-way as required in conjunction with other right-of-way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public properly by anyone using the same for the Installation and maintenance of utility systems, including, but not limited to, fees for use of public property. Any such further regulations shall apply to Network and to this agreement. SECTION 11. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as -built" plans related to its facilities located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its facilities Including buried abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred or that a violation of codes or ordinances lawfully regulating the Network in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default'), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the City determines that a violation or breach of this agreement or codes or ordinances lawfully regulating the Network in the operation of its facilities is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to Network and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network. 4 If the Network fails to cure a default within the time allowed, the City shall have the right to: I. seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or Ill. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network within the public right-of-way or public property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of Its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to Network, if the City determines that the property or public right-of-way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to Network: Outside Plant (OSP) Manager 625 151 Street SE Suite 250 Cedar Rapids, IA 52401 319-261-4617 OSPManagerIowaCjty@lmon.net In case of an emergency, notices may be given verbally to the above-named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network expense. Dated this 10th day of November CITY OF IOWA CITY Matthew J. Hayek, r Attest:ad:e,� X'. 40.44,/ City Cle Approved by: Gly G� -City Attorney's Office 2015. Imon COMM ICATIONS, LLC By: Print Name: O 6 CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA JOHNSON COUNTY SS: On this ICA day of Jove►�L 2015, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained In R olution No. 15 - A_ and passed by the City Council, on the IO+h day of 2015, and that Matthew J. Hayek and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. ems; -e._ !k. Notary Public in and for the State of Iowa My commission expires: I �r°`tel KELLIE K. TUTTLE :° t i co, rnin r;_n i lumber f�f$19 mxpires E �VSYA NETWORK ACKNOWLEDGMENT STATE OF :4 ss: unn COUNTY On this day of 2015, before me, asci , fpc the. %ate of, -, Iowa, - Ah and for said say that that t pefson is the. instrument was signed alf trustees and the said Instrument to be the voluntary act the undersigned, a Notary Public in county, personally appeared who being by me duly sworn did of said corporation and that said authority of its board of directors or knQWedged the execution of said ion it umluntarily executed. PENNY KAY 60 My commission expires: conwilimm october o8.20i8 E a .- % sh, ZI --- . to= ftwn Commw9cmd". LLC iowA wy IA mr=ND knOn AWW NIWA -------- hnOn Ur4orwourd Network w Ist mine- W, terla no Ceder Repk1Y, U S01 aw avow.avow.v MMer a sws V BBrown N Mir � �T--�n PAG[ 1 OF t Igyiers�rtC�farW Wz 8 miyeerCUeKe eelwwwa From: Maureen Patterson <maureen.p.patterson@gmail.com> Sent: Wednesday, November 11, 2015 6:26 PM To: Board@iowacityschools.org Cc: Council Subject: The Future of the East Side Dear Iowa City School Board members, I have never written you before but feel compelled to weigh in on the "Save Hoover" issue. My kids attended Grant Wood Elementary and South East Junior High and are now students at City High. I understand why people want to save Hoover Elementary from closing. My own elementary school in St. Louis, MO, is now a retirement apartment complex. People become attached to their schools. I explored this issue as a longtime writer and editor at national architectural publications. But there is more at stake here than the feelings of one group of parents. The future of the east side of Iowa City is in jeopardy. City High needs space to grow and expand. If you constrain it by keeping Hoover open, it will falter. It will not adequately serve the needs of all the future students, who come from so many schools other than Hoover. Without a viable high school, the east side of Iowa City will decline. Parents with strong financial means will move to the west side or to North Liberty. Right now the east side suffers from pockets of poverty. Those pockets will expand drastically if City High becomes a "less than" school. I ask as a parent and of a citizen of Iowa City to stay true to the facilities master plan. If you cannot afford both a new Hoover and an old Hoover, please close the old to make way for the new. Thank you for your time and attention, Maureen Patterson Hannah Jo Court, Iowa City Iowa City Police Department and University of Iowa DPS Bar Check Report - October, 2015 IP12 FILE['. ...5 A'OV 13 14 Possession of Alcohol Under the Legal Age (PAULA) Under 21 Charges Ali 11: Numbers are reflective of Iowa City Police activity and University of Iowa Police A Vty $ . Business Name Occupancy (occupancy loads last updated Oct 2008) =university of Iowa Monthly Totals Bar Checks Under2l PAULA Prev 12 Month Totals Bar Checks Under2l PAULA Under 21 PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) 2 Dogs Pub 120 2 0 0 15 0 0 0 0 Airliner 223 3 0 0 17 2 4 0.1176471 0.2352941 American Legion 140 0 0 0 2 0 0 0 0 (Atlas World Grill 165 0 0 0 Bardot Iowa 1 0 0 18 3 0 0.1666667 0 Baroncini` 0 0 0 (Basta 176 0 0 0 1 0 0 0 0 (Blackstone— 297 0 0 0 ]Blue Moose— 436 4 0 0 25 4 2 0.16 0.08 ]Bluebird Diner 82 0 0 0 ] Bob's Your Uncle *"' 260 0 0 0 ]Bo -James 200 2 0 0 21 0 0 0 0 ] Bread Garden Market & Bakery ^' 0 0 0 ] Brix 0 0 0 ] Brothers Bar & Grill, [It's] 556 16 2 2 127 21 15 0.1653543 0.1181102 ] Brown Bottle, [The]— 289 0 0 0 ]Buffalo Wild Wings Grill & Bar' 189 0 0 0 ]Cactus 2 Mexican Grill (314 E Burlin€ 0 0 0 2 0 6 0 3 ]Cactus Mexican Grill (245 s. Gilbert) 0 0 0 6 0 0 0 0 ]Caliente Night Club 498 0 0 0 8 0 0 0 0 ]Carl & Ernie's Pub & Grill 92 0 0 0 4 0 0 0 0 ]CarlosO'Kelly's— 299 0 0 0 ]Chili Yummy Yummy Chili 0 0 0 ]Chipotle Mexican Grill 119 0 0 0 ]Clarion Highlander Hotel 0 0 0 ]Clinton St Social Club 0 0 0 4 0 0 0 0 Friday, November 13, 2015 Page 1 of 5 Iowa City Police Department and University of Iowa DPS Bar Check Report - October, 2015 IL ED, Possession of Alcohol Under the Legal Age (PAULA) Under 21 Cfi;4WV 13 A14 11: 1 4 Numbers are reflective of Iowa City Police activity and University of Iowa Police.Activity Business Name Occupancy (occupancy loads last updated Oct 2008) = university of Iowa Monthly Totals Bar Checks Under2l PAULA Prev 12 Month Totals Bar Checks Under2l PAULA Under 21. ""`"PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Club Car, [The] 56 1 0 0 4 0 0 0 0 Coach's Corner 160 0 0 0 6 0 0 0 0 Colonial Lanes- 502 0 0 0 Dave's Foxhead Tavern 87 0 0 0 6 0 0 0 0 DC's 120 10 1 1 121 52 15 0.4297521 0.1239669 1 Deadwood, [The] 218 0 0 0 11 0 0 0 0 IDevotay- 45 0 0 0 ]Donnelly'sPub 49 0 0 0 5 0 0 0 0 ]Dublin Underground, [The] 57 0 0 0 3 0 0 0 0 ] Eagle's, [Fraternal Order of] 315 0 0 0 ]Eden Lounge 2 0 0 28 4 0 0.1428571 0 1ElBanditos 25 0 0 0 ]EI Cactus Mexican Cuisine 0 0 0 ]EI Dorado Mexican Restaurant 104 0 0 0 ]EI Ranchero Mexican Restaurant 161 0 0 0 ]Elks #590, [BPO] 205 0 0 0 ] Englert Theatre- 838 0 0 0 ]Fieldhouse 178 7 4 0 77 21 7 0.2727273 0.0909091 ]FilmScene 0 0 0 ] First Avenue Club- 280 0 0 0 6 0 0 0 0 ]Formosa Asian Cuisine- 149 0 0 0 ]Gabes- 261 0 0 0 6 0 0 0 0 ]George's Buffet 75 0 0 0 12 0 0 0 0 ]Givanni's- 158 0 0 0 ]Godfather's Pizza 170 0 0 0 ]Graze- 49 0 0 0 Friday, November 13, 2015 Page 2 of 5 Iowa City Police Department and University of Iowa DPS Bar Check Report - October, 2015 Possession of Alcohol Under the Legal Age (PAULA) Under 21 Charg`A5 H31V 13 AH I+: G Numbers are reflective of Iowa City Police activity and University of Iowa Police Activity Business Name Occupancy (occupancy loads last updated Oct 2008) = University of Iowa Monthly Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l PAULA Checks Under2l PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Grizzly's South Side Pub 265 1 0 0 34 0 0 0 0 Hilltop Lounge, [The] 90 0 0 0 41 0 0 0 0 Howling Dogs Bistro 0 0 0 1 I Ugly's 72 1 0 0 56 0 0 0 0 1India Cafe 100 0 0 0 Ilron Hawk 0 0 0 ]Jimmy Jack's Rib Shack 71 0 0 0 ]Jobsite 120 8 0 0 58 0 0 0 0 ]Joe's Place 281 2 0 0 26 0 0 0 0 ]Joseph's Steak House— 226 0 0 0 ] Linn Street Cafe 80 0 0 0 ]LosPortales 161 0 0 0 ]Martini's 200 6 0 0 74 50 10 0.6756757 0.1351351 ]Masala 46 0 0 0 ]Mekong Restaurant— 89 0 0 0 ]Micky's- 98 1 0 0 3 0 0 0 0 ]Mill Restaurant, [The]— 325 0 0 0 1 0 0 0 0 ]Moose,[Loyal Order of] 476 0 0 0 ] Motley Cow Cafe— 82 0 0 0 ]Noodles & Company— 0 0 0 ]okoboji Grill— 222 0 0 0 ]Old Capitol Brew Works 294 0 0 0 ]One -Twenty -Six 105 0 0 0 ]Orchard Green Restaurant' 200 0 0 0 ]Oyama Sushi Japanese Restaurant 87 0 0 0 ] Pagliai's Pizza- 113 0 0 0 Friday, November 13, 2015 Page 3 of 5 Iowa City Police Department and University of Iowa DPS _ Bar Check Report - October, 2015~ Possession of Alcohol Under the Legal Age (PAULA) Uni:16 'IC-fi2 s Numbers are reflective of Iowa City Police activity and University of Iowa Police Activity Business Name Occupancy (occupancy loads last updated Oct 2008) = University of Iowa Bar Checks Under2l Monthly Totf08 2 Month Totals Under2l PAULA Under 21 PAULA Ratio Ratio (Prey 12 Mo) (Prev 12 Mo) Panchero's (Clinton St)- 62 0 0 Panchero's Grill (Riverside Dr)- 95 0 0 (Pints 180 5 0 6 0 0.0722892 0 Pit Smokehouse- 40 0 0 0 ]Pizza Arcade 0 0 0 1 0 0 0 0 ]Pizza Hut- 116 0 0 0 ]Players 114 0 0 0 ]Quinton's Bar & Deli 149 1 0 0 10 0 0 0 0 ]Rice Village 0 0 0 ]Ride 0 0 0 1 0 0 0 0 ]Ridge Pub 0 0 0 ] Riverside Theatre- 118 0 0 0 ]Saloon- 120 0 0 0 2 0 0 0 0 ]Sam's Pizza 174 0 0 0 ]Sanctuary Restaurant, [The] 132 0 0 0 ]Shakespeare's 90 0 0 0 18 0 0 0 0 ]Sheraton 0 0 0 ]Short's Burger & Shine- 56 1 0 0 2 0 0 0 0 ]Short's Burger Eastside 0 0 0 ]Sports Column 400 8 6 2 93 48 17 0.5161290 0.1827957 ]Studio 13 206 1 0 0 15 0 0 0 0 ]Summit. [The] 736 30 1 0 124 39 44 0.3145161 0.3548387 ]Sushi Popo 84 0 0 0 ]Szechuan House 0 0 0 ]Takanami Restaurant" 148 0 0 0 ]Taqueria Acapulco 0 0 0 Friday, November 13, 2015 Page 4 of 5 90 L L L C L C E E L L L Iowa City Police Department and University of Iowa DPS Bar Check Report - October, 2015 Possession of Alcohol Under the Legal Age (PAULA) Under 21 Charges Numbers are reflective of Iowa City Police activity and University of Iowa Police Activity Business Name Occupancy Monthly Totals Prev 12 Month Totals Under 21 PAULA (occupancy loads last updated Oct 2008) =university of Iowa BarBar Checks Under2l PAULA Checks Under2l l PAULA 1 Ratio Ratio (prev 12 Mo) (Prev 12 Mo) TCB 250 4 0 0 62 0 0 0 0 Thai Flavors 60 0 0 0 s Thai Spice 91 0 0 0 Times Club @ Prairie Lights 60 0 0 0 Trumpet Blossom We 94 0 0 0 Union Bar 854 12 4 3 117 36 18 0.3076923 0.1538462 VFW Post #3949 197 0 0 0 Vine Tavern, [The] 170 0 0 0 16 11 2 0.6875 0.125 Wig & Pen Pizza Pub- 154 0 0 0 (Yacht Club, [Iowa City]- 206 1 0 0 13 0 0 0 0 (Yen Ching 0 0 0 IZ'Mariks Noodle House 47 0 0 0 110 18 8 1385 297 1140 0.2144404 0.1010830 Totals Off Premise 0 0 7 0 0 101 0 0 Grand Totals 15 241 * includes outdoor seating area "exception to 21 ordinance v m C9 cn +k f Z s Friday, November 13, 2015 Page 5 of 5 ul ;Ux (DD (DD N p & C o m d p 9 G O (n d O -� O y 3 Pi 3 n 3 �.� a " o 4 v . 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O .+ W I N 1 Pi _ W D Gi A O AA A W p I4 �+ O O O CQ A V W N0 p N O W j -� O (n W tj A co W O N 10 d O O W A 0i S A 0� V O O A cD co O 0 N V -41 L" m A W N N A N 00 N IOD N (W O A WI Ito L V 'NW O 7m AOp NAADi Nco co O ! O to j o rn N cD tr t"o �cODD �Oaworn N A A S cNO N W o O V to ccoo W A A N V /b co aD O 11 C V N V W O O C (n AA A O OWD W W O O IJ N w OD W O T W OD W V -+ O J O O N~ f o . o V D A N W M 3 W CVD W O I O W W O n 10 N V N O to V O w m i N rn W o I. A O W z pl �' p OI A V O N 0 17W W V A NON W O �-+ .P N .... coN NIN -+ cn to Ln o �- liz I I I ...... __ ._......... _..... __ ..... _ _..__. ........ ... . . . ...t ... .. _.... _ _ _ ... ........ 17 A N O tD to ODN W t0 O W O W N W A N OI to !b /T O j tr to O N O O O i N N V -� A W O O W O IV 01 A A 10 N N O A V O A A O A 1 AI N O W co W O N N W AI V'� o V 0 tolw N V I I I I I I Z ( z N co D two A O O N NI O V 0 V o I O � r S 0 ul 1 , t r)A I -rl November 4, 2015 Ms. Marian Karr City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240-1826 Dear Ms. Karr: 20151'40`; 10 Ate 7.2 f On or around December 13th, 2015, channel 112, KWKB-DT2 (The Works) will be added to your line-up as part of the Digital Local Plus tier. Channel Line- up Changes Effective on or around December 13`h, 2015 Channel Channel CIAM Channel Name Number Number Action KWKB-DT2 (The Works) 112 119.5* Addition to line-up *Customers using digital TVs with CAM tuners may need to run a one-time channel search by selecting that option from their television menu If there are any questions please call me at 319-35-9699 ext 3461 or e-mail lgrasslev@mediacomcc.com Sincerely, 0.x 4 Voix Lee Grassley Senior Manager, Government Relations Mediacom Communications Corporation 6300 Council St. NE • Cedar Rapids, IA 52402 • M November 3, 2015 r -- CITY OF IOWA CITY Residents of Langenberg Avenue 410 East Washington street Iowa City, Iowa S2240-1926 (3 19) 356-5000 Re: Meeting to discuss traffic calming on Langenberg Avenue (3 19) 356-5009 FAX Dear Resident: www.icgov.org The City has received a petition from residents on Langenberg Avenue asking that the street be considered for the City's Traffic Calming Program. A recently completed traffic study has determined that Langenberg Avenue qualifies for the program based on the 85th -percentile speed of traffic, which exceeds 5 mph over the posted speed limit. (An 85th percentile speed is the speed at or below which 85 percent of people drive at any given location under good weather and visibility conditions.) Please consider attending the neighborhood meeting to discuss potential traffic calming' options and whether you would like to pursue any of these options along your street: Tuesday, November 17, 2015 6:30 p.m. at the Lodge at Terry Trueblood Recreation Area 4213 Sand Road SE If those who attend the meeting reach a general consensus on a preferred traffic calming measure, staff will evaluate the street to confirm that the proposed method can be implemented safely. Residents will then receive a mail -back survey to determine the level of support for implementation of the proposed method. Sixty (60) percent of responding households must be in favor of implementation for the City Council to consider approval of the measure. This meeting should last no more than one hour. If you are unable to attend, please feel free to contact me with your comments or questions at 356-5239 or Sarah-Walzo_lowa-Citv.ora. For additional information on the traffic calming program, including examples of traffic calming applications in Iowa City, visit http://www.mpoic.ora/docs/file/transportation/trafficcalmina pdf. Sincer , Sarah Walz Assistant Transportation Planner cc: Tom Markus, City Manager Doug Boothroy, Neighborhood and Development Services Kent Ralston, Neighborhood and Development Services Darian Nagle-Gamm, Neighborhood and Development Services Marcia Bollinger, Neighborhood and Development Services Ron Knoche, Public Works Jason Havel, Public Works Jon Resler, Streets Troy Kelsay, Police ' Some examples of traffic calming measures include speed humps, pavement markings, radar speed signs, on -street parking changes, and targeted police enforcement. The City has received a petition from residents on Seventh Avenue asking that the portion of the Seventh Avenue between Court Street and Morningside Drive be considered for the City's Traffic Calming Program. A traffic study has determined that this portion of Seventh Avenue qualifies for the program based on the 85th -percentile speed of traffic, which exceeds 5 mph over the posted speed limit. (An 85th percentile speed is the speed at which 85% of all vehicles are observed to traveling.) Please consider attending the neighborhood meeting to discuss potential traffic calming' options and whether you would like to pursue any of these options along your street: Tuesday, November 10, 2015 6:45 p.m. at Hoover Elementary School 2200 East Court Street If those who attend the meeting reach a general consensus on a preferred traffic calming measure, staff will evaluate the street to confirm that the proposed method can be implemented safely. Residents will then receive a mail -back survey to determine the level of support for implementation of the proposed method. Sixty (60) percent of responding households must be in favor of implementation for the City Council to consider approval of the measure. This meeting should last no more than one hour. If you are unable to attend, please feel free to contact me with your comments or questions at 356-5239 or Sarah-Walzt'D_lowa-City.org. For additional information on the traffic calming program, including examples of traffic calming applications in Iowa City, visit http://www.mpoic.org/docs/file/transportation/trafficcalming pdf. Sincer y, Z-�6arah Walz Assistant Transportation Planner cc: Tom Markus, City Manager Doug Boothroy, Neighborhood and Development Services Kent Ralston, Neighborhood and Development Services Darian Nagle-Gamm, Neighborhood and Development Services Marcia Bollinger, Neighborhood and Development Services Ron Knoche, Public Works Jason Havel, Public Works Jon Resler, Streets Troy Kelsay, Police ' Some examples of traffic calming measures include speed humps, pavement markings, radar speed signs, on -street parking changes, and targeted police enforcement. r October 27, 2015 CITY OF IOWA CITY Residents of Seventh Avenue 410 East Washington Street Iowa City, Iowa 52240-1826 Re: Meeting to discuss traffic calming on Seventh Avenue (3 19) 356-5000 (3 19) 356-5009 FAX Dear Resident: www.icgov.org The City has received a petition from residents on Seventh Avenue asking that the portion of the Seventh Avenue between Court Street and Morningside Drive be considered for the City's Traffic Calming Program. A traffic study has determined that this portion of Seventh Avenue qualifies for the program based on the 85th -percentile speed of traffic, which exceeds 5 mph over the posted speed limit. (An 85th percentile speed is the speed at which 85% of all vehicles are observed to traveling.) Please consider attending the neighborhood meeting to discuss potential traffic calming' options and whether you would like to pursue any of these options along your street: Tuesday, November 10, 2015 6:45 p.m. at Hoover Elementary School 2200 East Court Street If those who attend the meeting reach a general consensus on a preferred traffic calming measure, staff will evaluate the street to confirm that the proposed method can be implemented safely. Residents will then receive a mail -back survey to determine the level of support for implementation of the proposed method. Sixty (60) percent of responding households must be in favor of implementation for the City Council to consider approval of the measure. This meeting should last no more than one hour. If you are unable to attend, please feel free to contact me with your comments or questions at 356-5239 or Sarah-Walzt'D_lowa-City.org. For additional information on the traffic calming program, including examples of traffic calming applications in Iowa City, visit http://www.mpoic.org/docs/file/transportation/trafficcalming pdf. Sincer y, Z-�6arah Walz Assistant Transportation Planner cc: Tom Markus, City Manager Doug Boothroy, Neighborhood and Development Services Kent Ralston, Neighborhood and Development Services Darian Nagle-Gamm, Neighborhood and Development Services Marcia Bollinger, Neighborhood and Development Services Ron Knoche, Public Works Jason Havel, Public Works Jon Resler, Streets Troy Kelsay, Police ' Some examples of traffic calming measures include speed humps, pavement markings, radar speed signs, on -street parking changes, and targeted police enforcement. 11-19-15 CTtyOf'OWA CITY IP16 FOR IMMEDIATE RELEASE Date: Nov. 6, 2015 Contact: Shannon McMahon Phone: 319-356-5058 City Hall construction projects will require temporary closure of front entrance and lobby Construction projects in the lobby area of City Hall will result in a temporary closure of the front door entrance on Washington Street, requiring residents and visitors to access the building from one of two east -side entrances. Police business and general information requests may be handled at a temporary customer service window that will be installed on the building's south side, along Washington Street. Work will get underway next Wednesday, Nov. 11, and continue through Friday, Dec. 11. The renovations will help the City meet current accessibility guidelines established by the Americans with Disabilities Act (ADA), provide updated wayfinding signage, and make aesthetic improvements to the main level and other customer service areas in the building. South -side customer service window (ADA accessible) The temporary exterior customer service window will be installed next to the front entrance doors. The window, which will connect to the Police Records office, will offer assistance from the City's Information Desk and Police Department staff. A temporary ramp will be constructed to the window to accommodate accessibility. The customer service window may be used for the following services: • General information about the City • Payment of parking and towing tickets • Obtaining releases for impounded vehicles • Access to Police Department staff East -side (Van Buren Street) entrances There are two entrances to City Hall from the east side of the building, off Van Buren Street. The northeast entrance is ADA -accessible, and during construction will be the only accessible entryway to City Hall. Residents and visitors who access the building via the northeast or southeast entrances may need to use the elevator to access other areas of City Hall, as the lobby area will be closed. Parking Parking is available in the parking lot outside both east -side entrances. In addition, several street - stall parking spaces on Washington Street that had been previously reserved for Police officers will be made available to the public during the construction period. The parking will be free of charge for short periods of time while business is conducted in City Hall. For more information, contact Shannon McMahon, Communications Coordinator, at 319-356-5058 or shannon-mcmahon@iowa- city.org. SHARE Having trouble viewing this email? View it as a Web page. °��°,IOWA CIN FOR IMMEDIATE RELEASE Date: Monday, Nov. 16 Contact: Officer David Schwindt Phone: 319-356-5275 Iowa City Police Department to host Coffee with a Cop Monday, Nov. 30 The Iowa City Police Department will host Coffee with a Cop from 9:30 to 11:30 a.m., Monday, Nov. 30 at High Ground Cafe, 301 E. Market Street. Coffee with a Cop is a national initiative that aims to build trust between community members and police officers, one cup of coffee at a time. It's a simple concept. Police and community members come together in an informal, neutral space to discuss community issues, build relationships and drink coffee. The majority of interactions law enforcement has with the public happen during emergencies or emotional situations. Those situations are not always the most effective times for relationship building with the community, and some community members may feel that officers are unapproachable on the street. Coffee with a Cop provides the opportunity to break down communication barriers. One of the keys to the program's success in other communities is that it removes the physical barriers that routinely exist, allowing for the relaxed, one-on-one interactions which are the necessary foundation of partnerships. Informal contact in a friendly atmosphere increases trust between police officers and members of our community which is critical to public safety and problem solving. Coffee with a Cop provides a unique opportunity for community members to ask questions and learn more about the department's work in the City's neighborhoods. Community members come to a local Coffee with a Cop for a variety of reasons, but no matter why they participate, they are likely to leave with a better understanding and more positive impression of their local law enforcement agency and its role in the community. For more information, questions or if you would like to host a Coffee with a Cop, visit www.icqov.org/coffee or contact Officer David Schwindt at david-schwindt(a)iowa-citv.org or 319-356-5275. u �: SHARE Having trouble viewing this email? View it as a Web page. °�°,IOWA CITY FOR IMMEDIATE RELEASE Date: Monday, Nov. 16 Contact: Jason Reichart Phone: 319-356-5416 Section of First Avenue to close Nov. 22-25 as part of First Avenue Grade Separation Project Stage two construction of the First Avenue Grade Separation Project will require the closure of First Avenue from Bradford Drive to Mall Drive. This closure is necessary to complete the construction of the railroad shoofly detour through First Avenue and complete the First Avenue detour road. Weather permitting, the closure is anticipated to take place from Sunday, Nov. 22 through Wednesday, Nov. 25. For the duration of this closure, thru traffic on First Avenue will be detoured to Muscatine Avenue/Scott Boulevard/U.S. Highway 6. Access to Southeast Junior High School from the north and businesses along First Avenue and Mall Drive from the south will be maintained. Motorists are to take note of this closure and seek an alternate route during this time period. As always, caution should be exercised when traveling in construction areas. For updated information on road construction in Iowa City, visit http://www.iowa- citv.org/works/roadconstruction. For more information on the First Avenue Grade Separation Project, visit www.icgov.org/firs tavenueproiect. _Ir , Questions? `— Contact Us CITY OF IOWA CITY uwscou YOF UTuuTUM OF" SHARE Having trouble viewing this email? View it as a Web page. °,�°,IOWA CIN FOR IMMEDIATE RELEASE Date: Tuesday, Nov. 17, 2015 Contact: City Manager's Office Phone: 319-356-5010 Juli Seydell Johnson named Director of Iowa City Parks and Recreation Department The City of Iowa City has named Juli Seydell Johnson as the next Director of Parks and Recreation. Seydell Johnson, who will begin employment with the City on Monday, Jan. 4, succeeds Mike Moran, who retired on Sept. 25. The Parks and Recreation Department consists of the Recreation, Parks and Forestry, Cemetery and Government Building operations of the City. Seydell Johnson will work with the Parks and Recreation Commission to direct the operational, financial, personnel and capital improvement activities of the department. She will be responsible for an annual operating budget of $8.1 million and a staff of 40 permanent employees and approximately 300 temporary and seasonal employees. She will oversee the maintenance and development of 46 parks, approximately 1,600 acres of open space, and an extensive trail network of more than 40 miles. Seydell Johnson will also oversee all recreational programming, including management of the City's two recreation centers, as well as the City's facility maintenance operations and the City -owned Oakland Cemetery. Seydell Johnson has served as the Director of Parks and Recreation for the City of Eagan, Minn. since 2005. In her role with the City of Eagan, she is responsible for oversight of 54 parks, an indoor ice arena, waterpark and community center. She also manages Eagan's facility management and fleet maintenance operations. The Eagan Parks and Recreation Department has an annual operating budget of approximately $11 million and employs 54 full-time staff members. Prior to working for the City of Eagan, Seydell Johnson served as the Director of Parks and Recreation for the City of Coralville, Iowa, from 2000 to 2005. "Juli is a recognized leader in the field of Parks and Recreation and will bring a wealth of knowledge and expertise to Iowa City," said Tom Markus, Iowa City City Manager. "We are very fortunate to have been able to attract someone of her caliber. Her familiarity with the Iowa City area combined with her management and leadership experience will help undoubtedly propel our community forward." For more information, contact the City Manager's office at 319-356-5010. Airport Commission Agenda & Info Packet Meeting Date: 11-19-15 October 15, 2015 Page 1 MINUTES IOWA CITY AIRPORT COMMISSION OCTOBER 15, 2015 — 6:00 P.M. AIRPORT TERMINAL BUILDING Page 2 of 42 I P20 DRAFT Members Present: Jose Assouline (left at 7:00 PM), Minnetta Gardinier (arrived at 6:05 PM), A. Jacob Odgaard, Chris Ogren Staff Present: Michael Tharp, Eric Goers Others Present: Matt Wolford, David Hughes, Melissa Underwood RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None. DETERMINE QUORUM: Secretary Odgaard called the meeting to order at 6:03 P.M. APPROVAL OF MINUTES: Minutes from the September 17, 2015, meeting were reviewed. Ogren moved to accept the minutes of the September 17, 2015, meeting as presented. Assouline seconded the motion. The motion carried 3-0; Gardinier absent. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: a. Unmanned Aerial Systems — (Gardinier arrived at this time.) i. Discussion — Tharp then spoke to this issue, noting that Members have an updated version of the UAS policy with revisions being made after last month's discussions. He briefly reviewed the changed that were made, noting that specific attention was given to the Aerohawks and their field, and the Operator Performance labs. Assouline asked what frequency these users are on, and Tharp noted that they are using a different spectrum than the pilots using the Airport are on. Tharp then responded to Member questions and concerns, further explaining how this policy will be applied. Gardinier then spoke to the wording "...not withstanding the prohibited areas," stating that she would suggest removing this completely. Goers noted why he inserted this language, stating that they are trying to avoid conflict within the policy and he further explained why this was done. Other wording was suggested, with agreement on using "despite October 15, 2015 Page 2 Airport Commission Agenda & Info Packet Meeting Date: 11-19-15 Page 3 of 42 the prohibited areas" in place of "not withstanding...". Discussion continued, with Members debating if the wording gets to the original intent here. Gardinier suggested adding a sentence to address the OPL uses themselves. Members continued to discuss the wording being used in this policy, with Gardinier suggesting wording as it applies to how she believes this policy will be applied. Goers suggested that Gardinier write up a draft of the changes she would like to see, and he suggested they approve the policy as amended by Gardinier, per the discussion. Members agreed to these small changes. Gardinier suggested they table this issue until later in the meeting, when she can then present her desired changes to the policy. b. Airport Master Plan — Melissa Underwood addressed the Members on the status of the Master Plan process. She shared some handouts with Members, stating that a major issue is the obstruction removal in the 20 -to -1 visual surface area. Underwood stated that they are currently looking at how many trees would have to be removed and that in her handouts it shows Members the various scenarios of removal. One would be that there are 74 trees that would need to be removed, affecting 48 homeowners. Members discussed this issue, noting that some homeowners may be glad to have someone else remove a tree for them. Another scenario would involve 52 trees, affecting 37 homeowners. Underwood further explained how this impacts the displaced threshold of the runway, and the need to weigh this with how many homeowners they would need to contact regarding this. Tharp stated that they need to also consider who uses this specific runway, noting that in terms of this they do have the ability to add to this displaced threshold. He noted that the Commission needs to decide at what level they would like to begin so that they can move forward with this. Gardinier stated that she would like to see the runway stay at 3,500 feet. Underwood stated that a basic figure would be around $4,000 per tree, taking into account the acquisition, the removal, and planting of a replacement. She further explained how the FAA will handle this project and what they typically cover for these removals. Gardinier stated that she could go with the 3,700 or 3,800 plans. Members continued to discuss tree removal and just what number they feel comfortable with, referring to the map that Underwood provided. Goers then spoke to — depending on the specific zones — how some of these removals could be mandatory. Members began to compare the various numbers, with Underwood and Goers further clarifying the zones in question. Tharp suggested that he and Goers, as well as several Council Members, talk to City officials regarding this issue, to further clarify how they may want to address this obstruction mitigation issue. The discussion continued, with Members asking questions of Goers in regards to zoning and City involvement. They also discussed the various runway lengths and to what extent they would be willing to cut back on these lengths. Underwood stated that she would put together a zoning and approach surface map for the Commission's review as they further discuss this issue. Tharp stated that what he is hearing from Members is 200 feet or less for the displaced threshold. Ogren stated that she would say 200 feet, that she would not want to go less than 200 feet. Gardinier stated that she would be okay with 3,700 or 3,800 feet on the runway length. Tharp stated that he will have further information regarding this at next month's meeting. (Assouline left the meeting.) Airport Commission Agenda & Info Packet Meeting Date: 11-19-15 Page 4 of 42 October 15, 2015 Page 3 C. FAAIIDOT Projects: AECOM (David Hughes) i. FY15 Obstruction Mitigation — Hughes noted that they have basically already covered this in the previous discussion. Tharp and Hughes then spoke to runway 30, referring to a handout in the meeting packet. They noted that everything is being cleared here, with the neighboring trailer park being in the major area of obstruction removal. A general discussion ensued, with Tharp, Hughes, and Underwood responding to Member questions. Gardinier stated that if they need to have a special meeting prior to next month's regular meeting, she would have no opposition to this. She believes they need to move this issue forward as soon as possible. Item a.i continued: The Commission returned to this issue, with Goers asking Gardinier for some clarification on her recommended wording. She read her suggested changes to the policy wording, with Members agreeing to this. ii. Consider a resolution adopting the UAS policy — Ogren moved to consider Resolution #A15-16, to adopt the UAS policy as discussed. Odgaard seconded the motion. The motion carried 3-0; Assouline absent. ii. Fuel Tank Rehabilitation — Hughes stated that there is still a valve they are having problems with, but otherwise they are nearing completion. Matt Wolford also spoke to problems with the self-service pump and what Jet Air has been dealing with. iii. FY16 Apron Expansion — Hughes stated that this is the State project for 2016. Tharp added that this will be Phase 1 of the terminal apron rehab. He explained what will be involved in this project. 1. Consider a resolution approving task order with AECOM for engineering and construction related services for the FY2016 Terminal Apron Expansion — Odgaard moved to consider Resolution #A15-17 to approve the task order with AECOM for engineering and construction related services for the FY2016 Terminal Apron Expansion. Ogren seconded the motion. The motion carried 3-0; Assouline absent. d. Airport Operations — i. Strategic Plan -Implementation — ii. Budget — 1 . 2015-16 Winter Operations — Tharp stated that the budget process has begun. He noted that he would like to start a better snow removal platform, which is to buy a material spreader that they can use on the red truck. This would be around $11,000 — $6,000 for the spreader and then two ton of material. He further explained what this material is and why it needs to be used on runways and October 15, 2015 Page 4 Airport Commission Agenda & Info Packet Meeting Date: 11-19-15 Page 5 of 42 taxiways. Then as part of the '17 budget, according to Tharp, they would add more material as they learn to work with this process. Ogren pointed out that this will be quite an expense and Tharp agreed, noting that previously they did not have room in the budget for this type of material, but that the need is definitely there. Members continued to ask questions of Tharp, such as storage of this material and whether it would keep throughout the summer, and if any additional training would be necessary. 2. FY2017 Budget — Tharp then spoke to the 2017 budget. He stated that the subcommittee met a few weeks ago to discuss this. The biggest change is where the $40,000 is going — $20,000 to upgrade the fuel tank by the University hangar, $5,000 for chair replacement and additions in the conference room, and the remainder to various maintenance issues. Tharp stated that if the Commission is agreeable, he will turn in the information to Finance. iii. Management — e. FBO/Flight Training Reports I. Jet Air — Wolford shared the monthly maintenance reports with the Commission. He noted that September was a busy month with mowing, air conditioner filters, new gaskets for the low -lead tanks, light bulb replacements, trash pickup, wind sock replacement, repairs in the women's restroom, and filter replacements on the fuel pumps. Wolford also noted the charge for cement for a sidewalk and he further explained where this was located. Gardinier asked about the two different lines for filters, and Tharp addressed this. On the October report, Wolford further explained several of the charges listed. He noted that Jet Air has been keeping busy in all areas of its business. He added that they are still looking for mechanics and instructors, and Gardinier suggested checking with Quincy University in Illinois. f. Commission Members' Reports — Ogren stated that she helped with two 'young eagles' events recently. Gardinier stated that she just got back from Daytona where she attended an Air Race Classic meeting. Odgaard then shared how some of his student pilots are doing with their training. g. Staff Report — Tharp stated that he will be out of the office tomorrow. Ogren noted that the new window coverings look nice. Motion to go into Executive Session under Iowa Code Section 21.5(1)(c) to discuss strategy with Counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. SET NEXT REGULAR MEETING FOR: Airport Commission Agenda & Info Packet Meeting Date: 11-19-15 Page 6 of 42 October 15, 2015 Page 5 The next regular meeting of the Airport Commission will be held on Thursday, November 19, 2015, at 6:00 P.M. in the Airport Terminal Building. Tharp stated that the Commission's fifth Member should be present at the next meeting. ADJOURN: Gardinier moved to adjourn the meeting at 8:30 P.M. Ogren seconded the motion. The motion carried 3-0, Assouline absent. CHAIRPERSON DATE Airport Commission October 15, 2015 Page 6 Airport Commission Agenda & Info Packet Meeting Date: 11-19-15 Page 7 of 42 Airport Commission ATTENDANCE RECORD 2015 Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM o 0 N 0 W 0 A 0 0 t71 0 e 0 V 0 W 0 W O NAME EXP. O W N N "' °' N 0 `' 0 (O 0 Cn 0 C" 0 0 0 0 0 0 0 Minnetta 03/01/19 X X X X X X O/ X X X X Gardinier E Jose 03/01/16 O/ X X O/ X X X X X X X Assouline E E Chris 03/01/18 X X X X X X X X X X X Ogren 11 A.Jacob 03/01/18 X X X X X X X O/ X X X Odgaard E David 03/01/17 X O X X O X O O N N N Davis M M M Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time Airport Commission Agenda & Info Packet Meeting Date: 11-19-15 October 29, 2015 Page 1 MINUTES IOWA CITY AIRPORT COMMISSION OCTOBER 29, 2015 — 6:00 P.M. AIRPORT TERMINAL BUILDING 11 -19-15 Page 8 of 4 I P21 DRAFT Members Present: Jose Assouline, Minnetta Gardinier, A. Jacob Odgaard, Chris Ogren, Julie Bockenstedt Members Absent: Staff Present: Michael Tharp, Eric Goers Others Present: RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None. DETERMINE QUORUM: Chairperson Gardinier called the meeting to order at 6:03 P.M. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: Members briefly introduced themselves for the newest member appointed to the Commission. a. FY15 Obstruction Mitigation - Gardinier stated they just had one item on the agenda and asked Tharp if he wanted to lead the discussion. Tharp stated that following the meeting last month the meeting with the City Manager had taken place. Tharp discussed the comments received from the City Manager during the meeting. Tharp stated that at some point in the future a joint meeting with the City Council would also be appropriate. Members asked questions of Tharp regarding the plans to which he responded. Gardinier asked how much information Bockenstedt had received regarding the project. Tharp stated they did not talk in depth about the project during the orientation meeting. Tharp stated that the Airport is under obligation by accepting federal funds for projects to maintain clear approaches and they have been discussing this project over the last couple of months with the Airport Commission. Tharp described the process that's being used for the project and what the Commission should expect going forward. Odgaard asked about how to acquire easements, to which Goers responded. Members continued to discuss the outreach communication of the project. Bockenstedt asked about the study that was going on. Tharp stated that as part of the study they are looking at various October 29, 2015 Page 2 Airport Commission Agenda & Info Packet Meeting Date: 11-19-15 Page 9 of 42 different mitigation options regarding the obstructions that are listed. Ogren asked if the decision they made today would force the Commission to continue down that path. Tharp stated by going through the EA study for everything, they would have the option to scale back if necessary. Members agreed by consensus to continue the EA on all of the items listed in the obstruction data. ADJOURN: Ogren moved to adjourned, seconded by Assouline. Approved 5-0 Meeting adjourned at 7:00pm CHAIRPERSON DATE Airport Commission October 15, 2015 Page 3 Airport Commission Agenda & Info Packet Meeting Date: 11-19-15 Page 10 of 42 Airport Commission ATTENDANCE RECORD 2015 Key. X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM o 0 N 0 W 0 0 is 0 CJ1 0 0 0 V 0 OO 0 W -• O_ s O_ NAME EXP. 0 m 0 O -4 W 0 N N rn N o -4 N N cn cn cn cn w cn cn tJt t7f fJ1 cn Minnetta 03/01/19 X X X X X X O/ X X X X X Gardinier E Jose 03/01/16 O/ X X O/ X X X X X X X X Assouline E E Chris Ogren 03/01/18 X X X X X X X X X X X X A.Jacob 03/01/18 X X X X X X X O/ X X X X Odgaard E Julie 03/01/17 N N N N N N N N N N N X Bockenstedt M M M M M M M M M M M David Davis 03/01/17 X O X X O X O O N N N N M M M M Key. X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time Z MINUTES PRELIMINARY BOARD OF ADJUSTMENT OCTOBER 14, 2015 — 5:15 PM EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Gene Chrischilles, Connie Goeb, Becky Soglin MEMBERS ABSENT: Brock Grenis, STAFF PRESENT: Susan Dulek, Sarah Walz OTHERS PRESENT: Richard Arthur CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Baker outlining the role and purpose of the Board and the procedures that would be followed the meeting. CONSIDERATION OF THE SEPTEMBER 14, 2015 MEETING MINUTES: Soglin moved to approve the September 14, 2015 minutes. Chrischilles seconded the motion. A vote was taken and the motion carried 4-0. SPECIAL EXCEPTION ITEM EXC15-00011: Discussion of an application submitted by Hidalgo Properties, LLC, for a special exception to allow residential uses above first floor commercial in the Community Commercial (CC -2) zone located at 1950 S. Gilbert Street. Walz began by showing a location map of the property and the zoning, the location is the corner of south Gilbert Street and Southgate Avenue. Properties to the east and to the south are in the CI -1 zone which are undeveloped properties. Properties to the west and north are zoned CC -2. Walz explained that when the last South District Plan was adopted in 1997 most all of these properties were zoned CI -1 (the intensive commercial zone) which allows uses like car repair or uses that require large machinery or outdoor storage. In 2006 properties along Stevens Drive, the subject property, and the property across Gilbert Street were brought into the CC -2 zone at their request. Per the zoning the applicant is allowed to develop a commercial property, retail or office use, but to allow mixed-use or residential uses above the ground floor requires a special exception. That was true in the zoning code from 2005 and in the current zoning code. Residential uses are not allowed in CI -1 zones. The applicant is proposing to build a two story structure with commercial Board of Adjustment October 14, 2015 Page 2 of 7 spaces on the ground floor and multi -family uses above. The current floor plan shows eight one - bedroom units. There is parking available for eight bedrooms. Walz also noted the property is located in the 500 year floodplain. Iowa City's floodplain regulations are some of the strictest in the state and exceed the state and federal standards. Iowa City's standards state that they allow development in the floodplain so long as the property is raised above the floodplain level or build the property to a floodplain standard so that it can be secured in the case of a flood. In this case, the residential units are on the second floor—above the floodplain. The ground floor of the building must be flood -proofed or raised one foot above the 500 -year flood level. Walz stated the specific standards for this application are; the proposed dwellings must be located above the street level floor of a building and the applicant is proposing to locate multi -family (apartment) units on the second floor, it must meet the residential density standards and this proposal of eight one -bedroom units does meet that standard, to provide for safe access for residents in a mixed-use building and it must have at least one door facing the public street—this proposal has east and west facing entrances. The east facing entrance provides an elevator, which is required by the building code to facilitate handicapped access. The applicant must flood proof the building one foot above the floodplain level (646.5 feet) which is about the three foot level on this building. The next two standards deal with the ground floor level of the building and commercial design standards and the applicant must show they comply with those standards when they submit final building design plans. Walz next reviewed the general standards. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Staff found the following: • The subject property is centrally located in close proximity to commercial areas and employment centers . • The property is served directly by a continuous sidewalk network that connects to the Waterfront Drive commercial area to the east and to the Gilbert Street commercial area to the north. A connection to the Iowa River and Highway 6 trails is located approximately a quarter mile to the north. • The area is served by two bus routes -Broadway and Cross Park. Both routes have stops at the corner of Southgate and Gilbert. • On -street parking is allowed along Southgate Avenue. • The residential entrance at the east end of the building provides elevator access to the second floor. This will allow the applicant to provide, upon request of a tenant, a handicapped parking space adjacent to the entrance. • In order to promote the health, safety, and comfort of the residents, the applicant should fence in the open space area at the east end of the building to prevent trespassing from adjacent commercial property to the north and east. Staff recommends that the applicant provide a functional amenity, such as a picnic table or seating, in this area. This will allow the open space area to safely serve as private recreation space for the residents. • The subject property is located in the 500 -year floodplain and therefore must comply with the floodplain regulations. Walz explained that staff believed the proposed exception would not be injurious to the use and enjoyment of other property in the immediate vicinity and would not substantially diminish or impair property values in the neighborhood because other properties in the immediate vicinity have residential units above the commercial level, as noted in the staff report. Also, additional multi -family development is anticipated as part of Riverfront Crossings. Properties to the east and Board of Adjustment October 14, 2015 Page 3 of 7 south are currently undeveloped. The submitted site plan shows that the applicant is able to provide more than the minimum parking required for the commercial and residential uses and on - street parking is allowed on Southgate Avenue. Walz said that in order to develop the subject property, a common driveway access should be provided from Southgate Avenue. This will require the applicant to locate a shared curb cut/driveway along the east property line and to provide a cross access easement so that vehicles may move between properties once the abutting property develops. The applicant should also establish a cross access easement between the subject property and the CC -2 property to the north (which is under the same ownership). This will ensure continued cross access should either property change ownership or redevelop. Cross access minimizes the number of curb cuts onto the adjacent streets and thereby reduces traffic conflicts Walz explained that the property owner was required to dedicate 10 -feet along Southgate Avenue to the right-of-way. As a result, the south property line is approximately 11 feet north of the sidewalk. If the applicant is unable to achieve the required 10 -foot setback along the south side of the parking lot, a minor modification can reduce the setback by up to 15%. She note that there is adequate space for bike parking on both the east and west ends of the building and that tenant bike parking should be provided at the east end of the building. A dumpster location should be provided at the east end of the site as well. This may reduce the number of parking spaces. However, by providing more compact spaces, such as along the west side of the parking area, the applicant should be able to retain 32 spaces. The applicant will also be required to provide a detailed landscape plan showing the required parking area screening and trees in order to secure a building permit -east end for tenant use; west end for commercial use. The proposed use will be consistent with the Comprehensive Plan, as amended. The current Comprehensive Plan shows this area as appropriate for commercial development. The draft of the South District Plan that is currently in front of City Council for approval contemplates mixed-use development in this area. Walz explained the purpose of a mixed-use zone is to provide a transition from commercial and employment centers to less intensive residential zones. Staff recommends approval of EXC15-00011, a special exception to allow residential units (up to 8 bedrooms) above the ground floor commercial on property located in the Community Commercial (CC -2) zone at 1950 South Gilbert Street subject to the following conditions: Substantial compliance with the site plan and elevations submitted, with the following adjustments: 10 -foot setback between the west property line and the parking area. • Bike parking to be provided for residential and commercial uses; parking for residential uses to be located at the east end of the building. Pedestrian access to the West entrance from Gilbert Street. • One handicapped parking space should be located directly adjacent to one of the commercial entrances. • Curb cut/driveway access from Southgate Avenue must be provided along the east property line in compliance with a common access easement in place on the properties. Open space area to the east of the building should be enclosed by a fence along the north and east property line. For the benefit of the residents, the applicant should provide some functional amenity such as a picnic table or seating within this area. Applicant must secure a minor modification to reduce the parking setback along the south property line Applicant must provide a cross access easements with the commercial properties the north Board of Adjustment October 14, 2015 Page 4 of 7 and east. • Building must meet the standards for development located in the floodplain. • The ground floor of the building must meet the ground floor commercial building standards. Chrischilles asked if there were currently sidewalks along Southgate Drive and Walz confirmed there were. Soglin asked to see the floodplain map and pointed out that even in a 100 year flood event the property would be surrounded by water. Walz agreed and said the property may not be accessible during a 100 -year flood event. Soglin asked if in previous flood events there were mandatory evacuations and Dulek said in 2008 only Parkview Terrace was a mandatory evacuation. Soglin noted her concern if the residences on this property were inaccessible due to a flood. Chrischilles asked how many commercial spaces were in the proposed property. Walz said there is space three or four but the applicant could address what his intent is. Soglin questioned the letter the Board received from the property owner across the street from this proposal that stated they were only allowed to build a single story commercial structure and why was that person was not able to ask for a special exception. Walz was unable verify whether FAA regulations had limited the height of the property in question, but at the time that property was developed it was in the CI -1 zone and that zone does not allow second floor multi -family residential uses. The property is now zoned CC-2—the zoning was changed from CI -1 to CC -2 at the request of the owner and was part of the same rezoning that made the property at 1950 Gilbert part of the CC -2 zone. Baker asked the applicant to come forward to answer questions. Richard Arthur (applicant, 1950 South Gilbert Street) is seeking the special exception. He and his wife currently own the property at 1930 South Gilbert Street and when they first married they worked out of that building and lived above it as well. During the flood of 2008 they were evacuated and not allowed to return to their building for a little over a week. Chrischilles asked how many commercial units would be in the proposed property. Arthur replied they would have three commercial spaces. Arthur noted that the letter from the neighbor stated a concern about an ability to lease or rent the spaces he owns and the addition of the new building would be too much supply. Arthur said of the three spaces he projects to have in the new building two of the spaces already have interested renters. He noted that his current business is as a CPA and he works closely with the Hispanic population, especially restaurants and construction companies. Arthur does not believe the tenants he will have in his commercial spaces will be those his neighbor would be attract to his building. Chrischilles asked how many current commercial spaces Arthur owned. Arthur said there were three commercial spaces in his current building but as soon as the new building is constructed it will only be two because one of the tenants will move to the new building and Arthur will expand his business office. Chrischilles asked if the neighbor's commercial spaces were all rented and Arthur thought there might be one vacancy in his building. Goeb asked about the upstairs of Arthur's current building. Arthur said there were five units on the upper level, his wife and he lived in one of the one -bedroom units at one time but now live over on McCollister Boulevard with their three children. Board of Adjustment October 14, 2015 Page 5 of 7 Soglin noted in the new building there would be eight one -bedroom units and eight parking spaces and if the units had couples sharing the units there may not be enough parking spaces. Arthur noted that in their current building the commercial tenants use their spaces during the day but the apartment tenants can use them in the evenings so the spaces are not used at the same time of the day. He also noted there are extra spaces in the site plan for overages. Arthur also mentioned several tenants bike or walk to work and don't have cars or need parking spaces. Goeb asked how the current building at 1930 South Gilbert Street was allowed to be built with apartments on the upper level. Walz was unsure, but thought it must have been built under a previous zoning code when that was permitted. Arthur noted his building was built in 1984. Baker opened the public hearing. Chrischilles noted letter the Board received from the neighbor and how much weight it should be given. The letter states concern about buildings with apartments above and that allows for the commercial units to be rented at lower costs—the author of the letter believes that is not fair to other commercial properties in the area. Walz noted that developing a property with commercial and residential above is a far more expensive prospect, with the infrastructure and size of the building needed. The applicant is providing one floor of residential, which is an expensive prospect, but one that adjacent property owners in the CC -2 could also seek through the same process. Goeb noted the other property owner built his building in a time where the second story residential was not allowed and that just sometimes happens. She feels his points are valid, but denying this application does not help that property owner in any way. Soglin agreed that there is no evidence on the over saturation and also feels that when there is residential above commercial that sometimes limits what can be in that commercial space so there is no disturbance to the residences. She also noted that in terms of the second general standard, it is not diminishing or impairing the property values in the area but rather would increase the values. Goeb noted her concern about residences in the floodplain and fears people trying to get back into their building during a flood event. Walz said that the building being constructed with flood doors would not allow anyone to enter during a flood event. Goeb was glad to hear that, but also said there is a cost for people having to be relocated during a flood. Chrischilles asked if renters were made aware that they are in a floodplain and what that could mean when they sign a lease. Walz said that could be a condition on the special exception that it is disclosed on the lease and that requirement would stay with the property and be required of any future owner of the building. Arthur said his current lease does not mention anything about possible floods. He said he would be willing to add that to his leases as it is important to inform people there is a risk. Dulek noted it would be an informational item in the lease, it is not saying it would be a requirement stating the landlord has to do X or the tenant has to do Y. Baker asked if the Board could make a recommendation to City Staff that all leases have the flood information in them. Walz said they could draft a request to the Planning Office to have that added to leases within City floodplains. Walz will draft a request and have the Board sign it at a future meeting. Baker closed the public hearing. Board of Adjustment October 14, 2015 Page 6 of 7 Soglin moved to approve EXC15-00011, a special exception to allow residential units (up to 8 bedrooms) above the ground floor commercial on property located in the Community Commercial (CC -2) zone at 1950 South Gilbert Street subject to the conditions list in the staff recommendation plus that the information disclosure form on the lease disclose that the property is in the 500 year floodplain. Chrischilles seconded the motion. Soglin stated that regarding EXC15-00011 she concurs with the findings set forth in the Staff report of October 14, 2015 and conclude that the general and specific criteria are satisfied unless amended or opposed by another Board member she recommends that the Board adopt the findings in the staff report for the approval of this application. She also noted regarding the second general standard, although the Board received a letter stating some concerns there was no evidence in the letter that this proposed special exception presents an unfair advantage. Also regarding the first general standard and the regard to public safety the issue about the floodplain has been satisfied. Chrischilles and Goeb concurred with the finding of facts. A vote was taken and the motion passed 4-0. Baker declared the motion for the special exception approved, noting that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. A11 Walz said she was unsure if there was any applications for the November meeting but if there is a meeting it will be on November 18, a week later than usual and be held at the Robert A. Lee Recreation Center. Soglin asked about the conditions of landscaping that was added to the exception for the drive-thru at the Dodge Street HyVee and would like Staff to report if the landscaping at the location is appropriate. Walz said that HyVee never built the drive-thru any conditions imposed with the special exception are no longer valid. ADJOURNMENT: Soglin moved to adjourn. Chrischilles seconded the motion. The meeting was adjourned on a 4-0 vote. I— Z W N D Q U. 0 Q O in D V W w W V Z a Z W H Q r 0 N d' 0 N v X X 0 X X c v X X X X X rn X X X X X X X X X X x X X X x X X X X w co x X x X V- X x X x X N x x x o x N x x x x x r a 00 W N NNNNN - T- c- - r W - - r - F— W Z w N Z Q J W J = m Um C V Z W W m Z N J Z co 0 (D V N .D d m N XE CD caC N Y aQaz u xoo } LU Y L11-19-15 IP23 MINUTES PRELIMINARY HISTORIC PRESERVATION COMMISSION OCTOBER 8, 2015 EMMA HARVAT HALL MEMBERS PRESENT: Kent Ackerson, Thomas Agran, Esther Baker, Gosia Clore, Frank Durham, Andrew Litton, Pam Michaud, Ben Sandell, Ginalie Swaim, Frank Wagner MEMBERS ABSENT: Kate Corcoran STAFF PRESENT: Bob Miklo OTHERS PRESENT: Alicia Trimble RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:30 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CERTIFICATES OF APPROPRIATENESS. 328 Brown Street. Miklo said this property is in the Brown Street Historic District at the northwest corner of Brown and Gilbert Streets. He showed a photograph of the house as it appears today, as well as one taken in 1903 after a fire had destroyed the attic level of the house. Miklo asked the Commission members to note the railing above the porch. He showed a photograph taken in about 1920 in which the railing is missing but there was railing elsewhere. Miklo stated that the proposal has two aspects including adding a one-story addition to the back, north side of the house. He said that as part of that addition, staff spoke with the applicant about the Secretary of Interior Standards, the guidelines that discuss preserving historic materials, and, if one adds on to a structure, doing it in such a way that changes to the original design are minimized if someone wants to go back and undo the work. Miklo said that would be unlikely with an addition of this size. Miklo showed a window that he said would be retained in the interior of the house as part of this project. He said the existing rear door would be removed and reused, and the material from one window will be saved on the property. Miklo showed a view from the north side of the house, looking to the south to the north wall of the house and what the addition would look like. He said it would be on a foundation similar to the foundation of the house and would be mostly windows on the north elevation. Miklo said the applicant has indicated that instead of having transom windows, there will be full height windows. Miklo said the door would be recessed into a little porch area. He said that if one looks at it from Gilbert Street, the area would actually be an indentation and a recess of the door there. HISTORIC PRESERVATION COMMISSION October 8, 2015 Page 2 of 7 Miklo said that with the original application, there was a lot of discussion about how to treat the sides of the addition that are not going to be covered in windows. He said that rather than doing a board and batten design, staff has come to agreement with the owners to do a panel -type design, similar to what is on the front porch of the house. Miklo showed the west side of the addition. He said it would be very similar but would have a small bay window. Regarding the front, Miklo stated that the panels under the windows would be similar in design to the panels on the front porch. Rather than wood for the railing, Miklo said the applicants are proposing a Fypon material. He said that the guidelines call for wood but allow the Commission to approve an alternative material if it finds that it has the same quality and appearance of wood. Miklo said staff feels this product has come a long way and does a good job of mimicking wood when painted but will probably stand up to weather better than wood. He said the fact that all of these spindles above the front porch are missing from the original house indicate that it is not a good application for wood in an exposed environment like this over the long term. Miklo said staff does recommend allowing the material for the addition, some of the trim work such as the railing, and the porch details. Miklo said staff has discussed the option of not putting the railing on with the applicant, given that this is the back of the house and an addition, so one might want to make it simpler and not try to match the historic part of the house exactly. He said staff is recommending that the applicant have the option of putting it on or leaving it off, and staff feels it actually might look better with it off. Miklo stated that staff was expecting a revised drawing but did not receive one. He said the Commission could defer this to the next meeting if it wants to see the detailed drawings or approve it subject to chair and staff signing off on the detailed drawings. Swaim said there was some discussion of reducing the number of vertical balustrades and asked if that would be on the back or the front. Miklo said it would probably be for both. He replied that on the front they are spaced farther apart. Miklo said the reason the draftsperson showed them this close together is that there has to be a maximum four -inch space between spindles. He said that because the area above the porch will not have access, code does not require the maximum four -inch, so they can be spaced farther apart. Durham asked if the owner is proposing putting the railing on the front and back. Miklo confirmed this, saying the owner is proposing to replicate the railing that was original on the front and doing the same on the back. Swaim asked about the balcony on the west side on the bay. Miklo said the owner is not proposing to reinstall in the two areas and will leave those off. Sandell stated that on the back porch it looks like there are columns on that open area. He asked if those columns would match the ones in front. Miklo confirmed this. He said there were wood columns on the front that rotted. Miklo said they are fiberglass that the Commission approved several years ago. HISTORIC PRESERVATION COMMISSION October 8, 2015 Page 3 of 7 Same Sandell asked if the one window of the little arched windows is remaining on the interior of the house and the other will be saved. Miklo answered that the owner will save the components of the window and the stone trim work. Sandell asked about the paneling in Bristow's sketch and if that would translate on to the north elevation below the windows. Miklo confirmed this. He said that it would be under the windows and under the west side as well, with the idea to make it look more like an open porch versus putting in a siding material that is not used elsewhere on the house. Michaud asked if they would be in squares instead of rectangular panels. Miklo responded that maybe all of them will be rectangular. He said that detail is still unknown, but staff would recommend a panel under each window. Michaud said this house has had a number of wood things replaced, which she has no problem with. She asked what the difficulty is with Trex for a porch floor. Michaud said she knows a porch floor is not being done here, but recently she was told that Trex would not be suitable for a front porch floor, but it would look a lot more like wood than this. Miklo said that Trex has been allowed in conservation districts and on back decks. He said it has not been allowed on front decks, because it does have a fake wood grain and fir wood floor is still available. Swaim said there are a lot of new synthetic materials that the Commission has seen in the last couple of years. Miklo said the difference between this and the Trex that is used for flooring is that this is a smooth finish, and if one doesn't see the cutaway, one couldn't tell that it is not a piece of wood, whereas one can with the Trex. Swaim asked if the Fypon could be used for a floor. Miklo answered that he does not believe that it has been designed or engineered for flooring. Regarding the Fypon product, Baker asked, should the Commission approve it for this application, is it then saying that it is approved for all future uses. Miklo said that it is on a case by case basis. Agran said that one of the things about wood is that it is somewhat interchangeable over time. He asked if the railing will be a system. Miklo replied that they come in different components so that there would be a top rail, the balustrades, etc. so that elements could be changed out over time. He said an example of this is the Shambaugh House on Clinton and Davenport Streets, with a railing made of this material. Agran said his one concern was that when one buys some kind of stock trim molding and has to go back later to buy it again, something has been changed or it's no longer available. He said his concern more generally about these kinds of products is what the future of it is. Swaim said the options are then to either vote for approval with final approval by chair and staff or wait and see the final plan at the next meeting. She said it is a big, very important building, and these are substantial changes. Akerson said the family has taken very good care of the house, and it's clear the applicant wants to do things the right way. He said he has no problem leaving final review up to staff and the chair. HISTORIC PRESERVATION COMMISSION October 8, 2015 Page 4 of 7 Sandell said that when the revised drawings come back with the elongated windows, does that mean that the bottom course where panels were discussed would match the front. Miklo showed where there would be panels. He said staff would like to see a panel under each window, and the window would be elongated at the top, not from the bottom. Sandell asked if proportionally that fits in with the guidelines, as it appears that from the finished floor to the first level of the column may be a little bit taller on the front porch. He said that it appears to him that the proportion of the windows is a lot greater than the panel. Miklo said he believes it is a taller space. He said he did not know how important it is that it match. Miklo said it is a screened -in porch type look. Sandell said he agreed that this is a good project but just wondered about the proportions. MOTION: Ackerson moved to approve a certificate of appropriateness for the project at 328 Brown Street as presented, subject to chair and staff approval of the final drawings. Wagner seconded the motion. The motion carried on a vote of 9-1 (Swaim voting no and Corcoran absent). 1025 Burlinaton Street. Miklo said this property is on the south side of Burlington Street in the College Hill Conservation District. He said the property had significant alterations about 15 years ago, including enclosing the front porch and the shortening and boxing in of the windows on the first floor. Miklo said the applicant is the UniverCity Neighborhood Partnership Program, and the proposal is to try to undo as much of the remodeling as possible within budget and then selling it to a homeowner who will hopefully take over from there. Miklo said the proposal includes reopening the front porch and trying to restore it to the original appearance. He showed where columns are still evident. Regarding windows, Miklo said the proposal is, where the interior function allows, to put the windows back in place in a size similar to what was there originally. He showed the area that was once a door, with the proposal being to put a window back in. Miklo presented a Photoshop prepared by Bristow that shows what the windows would look like on the fronts and sides of the house where they would be put more to their original state. For a few of the windows such as the kitchen and bathrooms, Miklo said the proposal is not to elongate them but to put them back to a level that is appropriate for a kitchen counter and then re -side the areas with wood siding. Miklo showed where there were three windows at one time. He said that a stairway was moved to this part of the house at one point, so it is not practical to put all three back, but one of them will be placed here. Miklo said there are two chimneys on the house, but one is pretty deteriorated and is likely to come off. He stated that the other one will be investigated to see if it can be retained. Miklo said the applicant is asking for permission to remove them both. He said that although the one chimney is somewhat prominent, it is not an architectural feature like a fireplace chimney. Miklo said staff recommends approval with conditions. HISTORIC PRESERVATION COMMISSION October 8, 2015 Page 5 of 7 Swaim asked about the roof. Miklo answered that the proposal includes removing the metal roof, which is a second generation roof, to put on asphalt, architectural grade shingles that would mimic the original roof, which was wood shingles. Swaim asked about the garage in the back. Miklo said the proposal is to remove the chimney from the garage. He said it is unusual for a garage to have a chimney, so staff does not have a problem with that. Miklo showed some photographs of the building. Sandell asked about the porch flooring. Miklo answered that he believes it is carpet but thinks the original floor might be under that. He said it may be fine after the carpet is pulled out. MOTION: Baker moved to approve a certificate of appropriateness for the project at 1025 Burlington Street as presented in the application and staff report with the following conditions: 1) if the porch flooring needs replacement, it is replaced with either vertical - grained fir flooring or a material approved by staff; 2) if either or both chimneys on the house need to be removed, their condition warrants it and their removal is approved by staff and chair; and 3) new window product approved by staff. Clore seconded the motion. The motion carried on a vote of 10-0 (Corcoran absent). REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Certificate of No Material Effect — Chair and Staff Review. 403 E. Jefferson Street. Miklo said this is one of the first projects under the new requirements for review of roofs. He said that an asphalt roof was replaced with an asphalt roof - an architectural grade shingle that does a reasonable job of mimicking a wood shingle roof. 1223 E. Burlington Street. Miklo said the porch is being rebuilt to match what was there. 1024 Woodlawn Avenue. Miklo said this is the repair of rotten wood. 530 Ronalds Street. Miklo said this involves the repair of a soffit on the back of the house to match what was there. 739 Clark Street. Miklo stated that the crumbled driveway is being replaced with a new, concrete driveway. 613 E. College Street. Miklo stated that the front steps are being replaced with material to match what is there. Minor Review — Preapproved Item — Staff Review. HISTORIC PRESERVATION COMMISSION October 8, 2015 Page 6 of 7 715 N. Johnson Street. Miklo said that some modern, slider windows on the back of the house are being replaced with double -hung windows appropriate for matching what is already on the house. 506 Clark Street. Miklo said that a number of casement windows are being repaired on a non -historic property. 636 South Governor Street. Miklo said this is a similar situation to the Clark Street house. Swaim stated that the house at 1025 Burlington Street is a good example to keep in the Commission's portfolio of before and after photographs. CONSIDERATION OF MINUTES FOR SEPTEMBER 10, 2015: MOTION: Baker moved to approve the minutes of the Historic Preservation Commission's September 10, 2015 meeting, as written. Clore seconded the minutes. The motion carried on a vote of 10-0 (Corcoran absent). Baker said that a couple of months ago a neighbor of hers in the east College Street Historic District with a deteriorated brick chimney had received an exorbitant bid to remove the chimney and had come before the Commission to ask for permission to remove it and put up a metal, round pipe coming through with a cap on it. She said the Commission gave suggestions for other ways to fix the problem. Baker said she talked to one of the owners who said they were able to get the chimney repaired and are really pleased with how it turned out. She said the owner thanked Baker for the Commission's work. ADJOURNMENT: The meeting was adjourned at 5:54 p.m. Minutes submitted by Anne Schulte O V W w W Z Q D Z W Q r O N et r O N c X X X X w X X X X X X r o X w X0 w w w X X X X w 0 0 0 M T- X X X X - X 0 X X X O 0 ti X X X X X X X X X X X X - X X X 0 0 X X 0 LU r X X X 0 X 0 X X X X O X X X X X w X X X X X C4 r X LU X X X X X X X X X Cl) 0 N X X 0 X X 0 X X X X N X X X X X X LU X X X LU N X X X LU X X X X X X w r O LUM r X O X X X X X X X X CO I� oo CD CO I� w p- W w IL �rn rn rn rn rn rn rn rn rn rn rn W W N N N N N N N N N N N F M M M M M M M M M M M Q Q ui ZW W a W J Q � Q Q O m W o cn W Q Q J C7 IL z p Q z Q C W Q Y o_ 0 Q a Y< X O pap V O v) y Q V ccnn 7 N X E w N N O O co f0 O a - Q Q Z II II II II M MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION OCTOBER 22, 2016 — 6:30 PM SENIOR CENTER, ROOM 202 MEMBERS PRESENT: Peter Byler, Bob Lamkins, Dorothy Persson, Emily Seiple, Mark Signs MEMBERS ABSENT: Syndy Conger, Jim Jacobson, Angel Taylor (resigned October 21, 2015), Michelle Bacon Curry STAFF PRESENT: Kris Ackerson, Tracy Hightshoe OTHERS PRESENT: Maryann Dennis, Justin Matiyabo, Casey Westhoff, Alissa Voss, Angie Meiers, Thomas McInerney, Ron Berg, Jerry Waddilove By a vote of 5-0 the Commission recommends allocating $100,002 to Prelude, $50,000 to Systems Unlimited and $49,998 to The Housing Fellowship and to encourage all other applicants to resubmit their applications with more detail in the regular funding round. By a vote of 5-0 the Commission recommends a CDBG loan of $600,000 to Bilam Properties LLC (a SouthGate Companies entity) to rehabilitate 53 units at Walden Ridge with the following financial terms: 15 -year amortization, 15 -year term, 3 percent full amortizing with a 15 -year compliance period. Payments would begin once the rehabilitation is completed. Executing the agreement would be contingent on SouthGate paying off the $600,000 loan for the Orchard Place (aka Broadway Condos) project. CALL TO ORDER: Byler called the meeting to order at 6:30 PM. APPROVAL OF SEPTEMBER 17, 2015 MINUTES: Persson moved to approve the minutes of September 17, 2015 with minor edits. Signs seconded the motion. A vote was taken and motion passed 5-0. PUBLIC COMMENT: None. STAFF/COMMISSION COMMENT: Persson noted the Commission should be kept informed when the City Council makes decisions that might come under the Commission's purview. Questions are being asked or things are appearing in the media before the Commission is made aware. Byler agreed there is a City Housing and Community Development Commission October 22, 2015 Page 2 of 15 Council meeting every two weeks so if there will be something on the agenda the Commission needs to be aware of, perhaps an email can be sent. Byler mentioned that at a previous meeting a recommendation was made to Council to split an allocation which the Council did not follow through with and gave the entire allocation to The Housing Fellowship. His question is what happened between the Commission vote and recommendation and the Council's decision. Hightshoe said due to the loss of possible funds to HUD and the upcoming HOME commitment shortfall, the recommendation process was different than what normally happens. Staff prepared the action plan amendment as it was proposed to HCDC. HCDC's objection was noted in the staff memo and the action plan amendment under comments received. At the time HCDC reviewed, The Housing Fellowship had only identified one property. Before the Council meeting, The Housing Fellowship obtained purchase agreements on two properties and secured financing. Due to this, Council agreed to award the entire allocation to The Housing Fellowship. Byler questioned what recommendation goes forward when staff and HCDC disagree. Hightshoe stated the normal process is to present HCDC's recommendation. If staff objects, it would be in a staff memo, but HCDC's recommendation would be presented to Council for consideration. The process for this one amendment did not follow standard practice due to the upcoming HOME deadlines. Hightshoe stated that Council gets minutes of the HCDC meeting where the topic was discussed before they make a decision as well. Ackerson noted that Angel Taylor notified him that she needs to step down from the Commission so they will post an announcement for the opening in November and the Council will make an appointment in January. Byler noted that with Taylor's absence there will not be anyone with a voucher on the Commission so that may be a consideration for the replacement. Ackerson also mentioned the memo on inclusionary zoning and plans to keep the Commission up to date on that progress and believes Staff will be drafting the language for that zoning in the next few months. Hightshoe updated the Commission on the Towncrest Senior Housing project. The City Council approved a local contribution of $600,000 for a Low Income Housing Tax Credit application for 41 units of senior housing. It is the same developer (3 Diamond Development) that applied unsuccessfully in 2013 for a 41 unit senior housing project. In 2014 a local developer applied for CDBG Disaster Recovery Multi -Family funds for a similar senior housing project and was denied. This will be the third application for senior housing at this location. If the project gets funded, 36 of the 41 units must be targeted for households under 60% of median income. The project will be competitive due to location, income targeting and a strong local contribution. Commission requested email updates when projects such as this are presented to Council if there is not a HCDC meeting scheduled before the Council meeting. DISCUSSION REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REQUESTS AND DEVELOP CDBG BUDGET RECOMMENDATION TO COUNCIL: Byler said they will have a representative from each group discuss their application and allow the Commission to ask questions. After each application is discussed they will then make recommendations. Housing and Community Development Commission October 22, 2015 Page 3 of 15 Persson recommended beginning the discussions with applications that fit into CITY STEPS. She would also like to ask questions on how some of these programs are fitting into the services and programs coming out of the Hearth Act and Opening Doors. Byler noted that there are $625,000 funding requests and $200,000 to allocate. He said the Commission has been given direction to look at requests above $50,000 but noted the Commission could award under $50,000 if they were an established partner and the project would go smoothly. Persson said that since they requested applications of $50,000 or more she would prefer those under $50,000 to submit their applications in the regular cycle. Byler first asked The Housing Fellowship to come forward to discuss their CDBG request of $49,998 for two residential rehabs at $24,999 each (keeping the amount under $25,000 due to lead abatement). Persson asked about how this application aligns with the goals and objectives of the Hearth Act and Opening Doors and what The Housing Fellowship does to prevent homelessness. She noted that one of the major issues for the City right now is affordable housing. Persson explained that the Hearth Act defines what the Government considers homelessness and the effort is to move people to rapid rehousing for stability in neighborhoods and families. Maryann Dennis (The Housing Fellowship) said the two properties are currently occupied by low income families. The Fellowship's letterhead states "opening doors for Johnson County" so they focus on opening doors and they are the only non-profit in Johnson County providing permanent affordable rental homes for families which creates stability for families and neighborhoods. Dennis noted that one family has been in one of their homes since 1997. Byler asked if they needed to relocate people who are currently in these homes because it appears to be an extensive rehab. Dennis replied that no, they can stay in the homes during the rehab, both homes have two bathrooms. She noted they recently finished five other homes and the residents are extremely appreciative of the Fellowship. Persson asked if the Fellowship was denied this special allocation would they resubmit in the official round coming up in a few months. Dennis said they would or else look for other sources of funding to make these projects happen. Byler asked if only one project was funded which one would be picked, Dennis replied that the Dover Street project would be rehabbed first. Lamkins made the observation that the request is a high priority in the CITY STEPS Plan, there are disabled members in both of these homes, so this is an important and valuable request. Persson noted it also prevents homelessness. Next application is Systems Unlimited, application for $50,000. Byler asked about the application, noting there are three disabled persons living in a three bedroom rental and paying $1450 in rent. Byler asked if the residents were paying that cost. Casey Westhoff (Director, Systems Unlimited, Inc.) said that yes, the residents of the rental are paying the rent. The application is to buy a home that Systems Unlimited would own and then have the residents pay rent to live in. Byler was concerned about the residents having to move, and then still be paying rent and how that fit into the low-income housing model. Westhoff noted Housing and Community Development Commission October 22, 2015 Page 4 of 15 that with Systems Unlimited owning the rental unit they would be able to charge more affordable rents and keep the unit affordable for low-income housing. Byler asked if Systems Unlimited would provide all the same services the current landlords do for the residents. Westhoff said they probably do more because of the volume of houses they own. He noted the current residents they want to move into one of their homes are young men with autism and can be destructive. Their goal is to be able to customize homes to fill the need. Lamkins noted his observation that this application would be using CDBG money and leveraging it significantly which is positive. Seiple asked if there was a location currently identified for this project. Westhoff stated they had not committed to any location yet so are just estimating at $200,000 for a purchase price, or for the cost of renovating a less expensive home to meet the needs for the residents. The $50,000 would be down payment assistance. Persson asked if they were awarded the money could they spend it in the time frame dictated with the award. Westhoff replied that yes, they would be able to do so. Byler moved onto the next application, the Arc of Southeast Iowa which is to build three rooms in the basement of the building on Muscatine Avenue. Alissa Voss (Associate Program Director, Arc of Southeast Iowa) stated that without this award, they would help fewer kids. Signs asked if they received this award and built the three rooms, would they need more staff and where would those funds come from. Voss said those funds would come from other sources of fundraising and grants. Byler asked if the kids (families) that use the services pay. Voss said they do on a sliding scale, so that is a source of income, or also through Medicaid waivers. Persson asked Voss if they did not receive funding now would they resubmit in the next funding cycle. Voss was sure they would. Byler asked what is in the space currently. Voss explained that right now it is an open space and is used for their after school program for adolescents and on the weekends it is used for group respite alternating weeks with older and younger groups. If the rooms were built they would not need to alternate and could offer respite care for both groups every weekend. Byler noted they need to partition the space. Voss agreed noting the space is already carpeted, has a kitchen area and a bathroom. Byler stated it seems like a large request for money just to put up partitions. Voss explained it would be drywall and moveable walls so the spaces can be utilized in multiple ways. Byler stated his concern there were no official bids on the project. Signs noted his concern that if this is an estimate and there has not been an official bid estimate then it is hard to know what can really be done in the space. Persson questioned that if they waited until another cycle of funding would they have more information so the Commission could make a more informed decision. Housing and Community Development Commission October 22, 2015 Page 5 of 15 Lamkins noted he feels this application is a bit hurried or forced and perhaps more time to flesh out the details of the project and to reapply for funding assistance in the next cycle round would be more appropriate. The application meets the goals of the funding, it's a disabled population and also youth which is a different population than other applications, but the proposal is missing details. Persson said it is similar to funding they have approved for neighborhood centers and in the past have found in those situations it is best to have all the details and know exactly what the costs will be, etc. Seiple noted she felt it was a compelling application and they provide specific services for the community. Persson suggested skipping the next two applications because the funding requests were specified to be at least $50,000. This extra funding needs to be used to make the biggest impact. The other requests are worthy projects and could be considered in the next funding cycle. Byler said he still would like to hear from them and ask questions. Next application comes from the Crisis Center. Byler noted the application appears to be a laundry list of deferred maintenance items with a couple upgrades and while those are worthy funding items, there is a concern that this particular funding source is to make a deeper impact. Persson agreed and said this unanticipated funding (known as windfall program income) and should be used for the greatest needs. Persson commented on item 8 of the Crisis Center's application which discusses the impact on homelessness. What population of homeless are they serving and how are they defining homeless. Angie Meiers (Office Manager, Crisis Center) answered that through their food bank program they provide emergency assistance that goes towards rent and utilities to avoid losing housing. They work closely with the homeless coordinating board and community on helping folks stay in their homes. Byler noted the application is very clear and states that not every application must provide for homeless, that is just one of the areas of need. Persson agreed but wants to see how applicants are working together to common goals and not against each other's needs. Signs stated he has no objections to the applications that are less than $50,000 but feels the numbers on the Crisis Center application seem very high. When looking at condensers, the cost seemed high and security camera systems can be much lower, around $1,500. Signs also agreed that this application is a laundry list of deferred maintenance and questions if that is the correct use of funds the Commission has available. Byler acknowledged that a lot of the applications have deferred maintenance in them, so that is hard to pick and choose from, but this particular application does seem to be items that are very small in cost (although agrees that a security system does not need to cost $8900). Meiers noted that security system will encompass their entire campus, both the 1121 and the 1105 properties, on one system. Meiers stated they have done a lot of funding of maintenance and repair and last spring funded a remodel of their 1121 property to make more room for programming. Byler asked if the Crisis Center had a two- or five-year maintenance or capital improvement plan. Meier said that every Housing and Community Development Commission October 22, 2015 Page 6 of 15 year when they do their budget the finance committee and the Board set aside for unexpected maintenance. She also noted the condenser will be moved outside the building to free up space and make the client choice area of the food bank less noisy. Lamkins asked if they currently have a security system. Meiers said they do have security systems on their doors but no video surveillance. There is a video camera outside the main door to see people to be buzzed into the building since it is staffed 24/7. Persson said she believes it is a worthy project but feels there needs to be better cost estimates and more information on exactly what they will be doing with the money and then consider the application for resubmission. Signs asked about the condenser, if it works and they just want to move it, or if they need a whole new one. Meiers said it does work, but would like a new one to place outside because the current condenser is an older unit that requires preventative maintenance every quarter to make it last. Signs asked about the broken window, if it was a safety concern, is it broken or just cracked. Meiers answered that they are the type of windows that appear to be a clear brick that are more just to let light through and when it rains a certain direction water does come through, but it is not a safety issue. Signs asked about the ADA doors, if they work currently. Meiers said they have had issues with the doors not working at all times, and because the doors are so old replacement parts are no longer made for them. Lamkins noted Meiers' answers to the cost questions are very helpful in understanding the application and encourages her to include those type of details in any future applications. Byler called the next application up, the CSCC Child Care expansion. The application for upgrades to a basement and questioned if the basement is currently utilized. Thomas McInerney (architect) prepared the application for his client. He said the City will not give occupancy to any building for a daycare that is in a basement that does not have an accessible route (like an elevator). Since this building is an older church facility adjacent to the daycare and since the church is on a hillside it will allow them to grade it so that there could be an entrance to the basement. Currently the basement is not utilized in any way, so this project would allow an unused area to be used to serve lower income children. The funding would help install a ramp to a new basement entrance. Signs asked how many members were in the King of Glory congregation. McInerney answered 105. Hightshoe noted Staff has no problem with the portion that is the church, they have funded the free lunch program and Home Ties programs at other churches, but Community Service Community Center is not the owner of the building so there is concern about the City investing in the property and if CSCC has a long term lease for the space because if they move to another relocation or close operations within five years they will have to pay the money back to the City. Hightshoe noted the church would have to agree for the City to put a mortgage on their building to protect the investment. Signs asked what was currently in the basement. McInerney said it is currently not utilized. The daycare is currently in another building next to the church, they share the same parking lot, so this basement would be an expansion for the daycare. Housing and Community Development Commission October 22, 2015 Page 7 of 15 Byler asked where the rest of the funding would come from to outfit this basement to be turned into a useable daycare space. McInerney said that at one time there was a child care facility in the basement but doesn't meet today's standards with accessibility in the restroom and entrances. Persson asked about code requirements and if the space will pass code. McInerney said if they provide an accessible entrance and restroom it will meet current code requirements. Lamkins noted he liked the concept but had a concern about the leverage as it appears the City's funding would be paying 100% of the costs. Byler announced the next application Fairmeadows Park Playground is the City of Iowa City. Ackerson said it is a playground that was installed about 20 years ago so the equipment is aging and needs to be replaced. Often the City has pots of money (open space funds) that are set aside by developers when subdivisions are installed but there are none of those funds available to the parks department for this neighborhood. Signs asked about general funds for park maintenance throughout the City. Hightshoe said this park is not in the City's five-year plan for upgrades. Persson asked why this park was not included in the five-year plan. Hightshoe said Parks has a five year plan that is reviewed by City staff and a citizen advisory board, but did not know all the specifics of funding priority for these projects. Mercer Park upgrades are in the five-year plan and Byler noted that the equipment at Mercer Park is very similar to the equipment at Fairmeadows. Hightshoe could not comment on the Parks and Recreation overall improvements plan, but noted that Fairmeadows did just get a splash pad, new bathroom and parking lot so that is likely why they were not on the five-year plan for additional upgrades. The idea for upgrading and moving the playground equipment is to move it closer to the parking lot and splash pad so parents can see both areas from one spot. Signs noted the school also has playground equipment and it is newer and therefore children also tend to play over there. Lamkins stated that the City needs to pay more attention to maintenance of park space. He noted he lives in the area and does know this park is well used and the playground equipment should be moved closer to the parking lot for safety reasons as well. Hightshoe noted Fairmeadows Park was chosen to apply for CDBG funds also because it is in a low-income area and not all parks are. Persson noted that the Commission has funded park needs before. Byler asked if the Commission chose to partially fund this project, will that compel the City to fund the rest. Persson didn't think they would, because the park is not in their five-year priorities. Hightshoe was unable to know for sure, but believed if Parks and Recreation were able to get some federal funding for this project that might change their priorities and shift funding to this project to make sure it was completed. Lamkins also shared concern about the note in the application that states the project won't be completed until November of 2016, which is entering a time of year when the park will not be utilized, so the timing of the project is unusual. Byler moved onto the next application, Prelude's Future. Housing and Community Development Commission October 22, 2015 Page 8 of 15 Persson noted that in that area of town it is very difficult to obtain land to expand services because there are people who will oppose it because the area is very congested. She said the nonprofits in that area work very hard to have parking spaces and not have complaints from people in the neighborhood. She was impressed that Prelude could buy land in the area and saw that as a positive. Ron Berg (CEO, Prelude Behavior Services, formally known as MECCA) stated they targeted this application on the purchasing of the property and building, there would be other phases that would need to be put in place to complete the whole plan for expansion, but this would be the first step to secure the ownership of the property. Byler asked which property they would be purchasing. Berg said it was to the north, the TMOne parking lot and building. Signs asked what the total purchase price for the property is. Berg said the total purchase price was $1.55 million. Hightshoe asked how soon they would be building something on that acquired parking lot. Berg said they would not build on the parking lot. They would purchase and remodel the building. Hightshoe asked what they would do to the building. Berg said they would immediately build out 5,000 square feet now and 25,000 square feet later. Hightshoe asked if there would be an immediate use of the building, Berg replied yes, within three months they could be using the building. Signs noted they would be vacating one of their current buildings, the administration building, as part of the transaction so there is motivation for them to quickly get the new building ready for occupancy. Berg noted their master plan is to connect the current building with this new building to expand the outpatient operations which is needed for changing Medicare and Medicaid laws. Then they will also be able to retool the current residential services building to make it more appropriate for residential clients. Right now there are 32 beds in 8 rooms and on weekends with visitors there can be up to 100 people crammed into a space meant for 32. He also added that having the parking lot space allows them for future expansion uses over the next several decades. Persson asked about Prelude's relationship with other service providers who work with homelessness and other nonprofits in the neighborhood. Berg noted there are several in that neighborhood, Shelter House is across the street, Four Oaks is next door, and HACAP Waterfront's facility is in the area. They contract with Shelter House for all their evening meals. Staff goes to Four Oaks to provide prevention services and various programming services. Persson stated her understanding is that when Shelter House gets clients with co-occurring problems Prelude assists those clients. Berg said they work closely with Shelter House on getting clients temporary housing once they leave Prelude. Lamkins noted a sense of collaboration amongst agencies in that area in the application and being able to keep Prelude and their services in this area is very positive. It is unfortunate that the Commission only has $200,000 of funding to allocate and this application alone is for $200,000. Persson stated the whole area has collaborated their services together which is wonderful and also noted the Commission has not funded Prelude as much in the past and would like to see services in that area well provided for. Housing and Community Development Commission October 22, 2015 Page 9 of 15 Byler asked about the current properties that will be sold to assist with the purchase of this new property and if those figures are set and agreed upon. Berg said they are being negotiated at this time. Byler noted then if the Commission were only able to fund say $100,000 of the request, Prelude could get funding for the rest of the amount and Berg agreed but had to be conscious of their bond rating and cash reserves they would need to use for this project. Seiple noted confusion of the use of the old space and what will be used in the old spaces and the new spaces. Berg said they currently have five properties. Two will be sold to make this new purchase and the other three will be retained and repurposed as part of this new project. Byler moved onto the final application, Towncrest Investment which is demolition funding for a lot that then will be sold in hopes of getting tax credits. There was no one present on behalf of the applicant. Staff was present for the discussion and supported the applicant's application as part of a larger senior housing project. Persson questioned why the Commission would finance demolition. Byler agreed as well and noted they would be funding someone that will then turn around and make a profit on that property. Signs agreed and said the owner is going to tear down the property regardless and will make money regardless. Hightshoe said the developer requested that the landowner apply for CDBG funding to make up the difference in the amount they were able to pay to reach the seller's asking price. Signs does not feel the Commission should supplement a request such as that. Lamkins also noted there would be other City monies going into this project. Ackerson said the risk is that the landowner won't sell and the affordable senior housing units won't get built. Byler stated the City wants the property redeveloped; it is an eyesore in an area where the City has already invested a lot of TIF money. Signs noted that if the Commission funds this request, and the deal still doesn't go through, the owner could demolish the building and sell the property to someone who won't put affordable housing there. Hightshoe said the Commission can put conditions on the funding. After review of all the applications, the Commission began proposing allocations. Persson proposed two options: 1. Fund Prelude the full $200,000 or; 2. Fund The Housing Fellowship and Systems Unlimited and give the remaining funds to Prelude. Persson also noted that all other applicants should be encouraged to resubmit in January for the next funding cycle. Signs agreed with the second option with the one change of adding the ADA doors at the Crisis Center. Byler asked if there was a consensus that the last application, Towncrest Investment, would be funded zero dollars. All agreed that was the Commission's consensus. Housing and Community Development Commission October 22, 2015 Page 10 of 15 Byler stated that the Arc project is a good project but is unsure if there is enough detail at this time to be funded in this round but would encourage them to resubmit at the next funding round with more detail. Persson agreed that with the exception of Towncrest Unlimited, any application not funded in this round should resubmit in the next round. Byler moved onto the Crisis Center application. Signs noted he would like to allocate $8,800 to have the ADA doors repaired. Hightshoe noted that the Commission made a policy to make allocations based on significant impacts and also due to staffing cuts there is not the ability for staff to take on multiple low dollar projects. So due to lack of funding and staff resources, the policy was made to fund projects $50,000 or above and to make the largest impact with the dollars available. A $6,000 project takes the same amount of staff time as a $60,000 project, but has a much smaller impact and often leads to the applicant applying several times. Hightshoe stated that agencies should be reviewing their long term needs and basing an application on a well thought out capital improvement plan, not a compilation of deferred maintenance items that provide short term benefits. Byler then asked if the Commission is in consensus to pass on the Crisis Center application at this time and all were in agreement. Next discussed was the CSCC basement project. Byler noted that from the application there are no other money sources identified so if there were issues with the project, and the allocation was not enough to cover all the expenses, then what would become of the project. He would like to see a resubmitted more comprehensive plan in the next allocation cycle. Lamkins agreed, thinking there would need to be many more internal improvements on the property to enable a preschool to operate in that location. And additionally there is no leverage, they are asking for full funding. With regards to the Arc application, Lamkins has the same concerns as he has with the CSCC project that it is not thoroughly thought out. Signs noted then the Commission would be passing on two applications benefiting children, but understands the reasoning. Byler agreed and encouraged the Arc came back in a few months with more specific plans. Therefore the Commission's consensus is for no funding at this time to Arc. Byler noted on the Systems Unlimited request they are not rehabbing or gaining additional units it is just a re -shifting and is there a significant benefit to those living in the units. They are currently getting services from the organization, the rent will be reduced which is good, but is it worth a $50,000 investment to have the rents reduced $100. Lamkins sees it as more of a long term benefit. Persson agreed and says it becomes a lodge concept which is working in other communities, having like people come together and live together in communities and having ownership of the property gives this a long-term benefit. Signs agreed and said it is a highly leveraged application, they are not asking for full purchase cost, just down payment assistance. Byler then suggested following Persson's second recommendation the allocations should be as follows: Applicant Request Recommendation The Housing Fellowship $49,998 $49,998 Systems Unlimited $150,000 $50,000 The Arc of Southeast Iowa $70,000 $0 Crisis Center $24,255 $0 CSCC Child Care $35,000 $0 Fairmeadows Playground $85,000 $0 Housing and Community Development Commission October 22, 2015 Page 11 of 15 Prelude $200,000 $100,002 Towncrest Unlimited $112,000 $0 Total $200,000 Lamkins moved to allocate $100,002 to Prelude, $50,000 to Systems Unlimited and $49,998 to The Housing Fellowship and to encourage all other applicants to resubmit their applications with more detail in the regular funding round. Seiple seconded the motion. A vote was taken and the motion passed 5-0. DISCUSSION OF SOUTHGATE DEVELOPMENT SERVICES' CDBG APPLICATION FOR THE REHABILITATION OF THE WALDEN RIDGE TOWNHOMES AND SUPPORT FOR AN IOWA WORKFORCE HOUSING TAX CREDIT APPLICATION: Hightshoe explained that Southgate applied for and received CDBG funds in 2012 for the rehabilitation of the Orchard Place condos at 1956-1960 Broadway Street in Iowa City. Today the vacancy rate for the project is below one percent. At that time they received $900,000 in funding, $300,000 was a grant and $600,000 was a loan with repayment deferred for five years. Now they would like to rehab Walden Ridge (which is 53 units) off Mormon Trek Boulevard. So the proposal is to pay back the loan from the Orchard Place project, and have that money reallocated back to Southgate for the rehab of Walden Ridge. Southgate had asked for a grant, and the City had the National Development Council review the proposal and complete a financial analysis that found there is an ability to repay the loan, so the recommendation would be that $600,000 applied to Walden Ridge and then after project completion Southgate would pay back the loan at 3% interest. Lamkins asked if they would get another five year deferment on repayment of the loan and Hightshoe said no, they would be on the original repayment schedule. Byler asked if the reason for this repayment of the first loan only to have the monies reallocated back to Southgate in a second loan is just to keep the monies and properties separate. Jerry Waddilove (Southgate Development) said the reason was because the lender they are looking to refinance the Orchard Place properties with does not want a subordinate mortgage also on the property. Southgate needs funds to rehab Walden Ridge, as it is a location they are trying to prevent becoming a location similar to what Broadway Condominiums used to be. Persson asked if those condominiums once rehabbed will remain affordable housing units as they currently are. Waddilove said they would, more than 51 % of the units are affordable housing units. Hightshoe said staff usually recommends the same compliance period as HOME regulations. For the amount of assistance per unit, HOME would require a 10 year compliance period. Persson asked if Southgate was willing to keep the units affordable after the 10 -year period and Waddilove said they were committed to doing so. Byler asked if the property that was being paid off (the Orchard Place properties) were going to remain affordable housing units. Waddilove said that in terms of what the market will bear yes, those units will remain as affordable housing units, and they could not increase rents and keep their occupancy rates. Byler asked if they were able to raise their rates above HUD Housing and Community Development Commission October 22, 2015 Page 12 of 15 requirements and get occupancy they would do so. Waddilove said yes, but that would take years to reach that level of rents and maintain occupancies and right now they are still charging below the HUD maximums for two-bedroom units by a wide margin. Byler congratulated Southgate on their rehab on Broadway Street which was an extreme upgrade for that area. However, his concern is this should be two separate issues. Southgate should repay the funding they owe from the one project. Then Southgate should come in and ask for funding for the new project, obviously the funds are very limited for such projects as demonstrated in applications reviewed earlier in the meeting. This situation feels like Southgate is saying they will only repay the loan if the funds are given right back to them for another project. It is not to discount that the project is not a valuable project. Lamkins and Persson feel that it is a good way to accomplish this project. Byler disagrees and feels Southgate will do the project whether the City funds the $600,000 or not. Waddilove noted this is just a loan, not a grant, they will pay the money back. Byler said however that Southgate needs to pay this loan back in order to refinance the Orchard Place condominiums so the money was coming back to the City and perhaps there are other projects that should also be prioritized for those funds. Waddilove understands that concern but the ultimate goal is to reestablish a healthy low to moderate income neighborhood and they have successfully accomplished that in Orchard Place and would like to do that again in Walden Place. Persson agreed and noted how on the west side there were low and middle class communities that upper class built around and embraced the areas but deserve to see the properties kept up. Byler agreed it's not a bad project, he just questions when a for-profit successful company asks for such a large grant and then shifts it to a loan when a grant is denied. Lamkins noted that although a company is for-profit, they are willing to take risk of their own and do positive things for the community such as affordable housing, neighborhood stabilization, and access for other populations that is a good thing. Hightshoe noted from Staffs perspective they are always trying to create new partnerships in the community, not only non -profits but for-profit companies as well. Southgate is providing for-profit housing at below HOME fair market rents and they are paying taxes. Seiple asked a question from the application, in which it states the goal is to attract a higher quality tenant and asked if Waddilove could comment on that. Waddilove explained that what they did with the Orchard Place Condominiums was they implemented a crime -free lease so they do credit and criminal background checks on all tenant applications. If a tenant commits a crime while living in one of the units that is grounds for eviction. Those new lease stipulations have created a safe environment for all the tenants and community. With regards to Walden Place, they do have the same lease in effect for their 53 units, and their ultimate goal is to acquire the rest of the units in Walden Place. Some of the other landlords in the complex are problem landlords and will just rent to anyone. Lamkins asked how many units Southgate would have to buy to get control of the condo association. Waddilove said there are 100 units total and even just one or two poor tenants can create a bad living environment for everyone. Byler noted that if Southgate controls the majority of the condo association they could encourage all units to use their leasing agreement making it a required association guidelines lease. Signs moved to recommend a CDBG loan of $600,000 to Bilam Properties LLC (a SouthGate Companies entity) to rehabilitate 53 units at Walden Ridge with the following financial terms: 15 -year amortization, 15 -year term, 3 percent full amortizing with a 15- Housing and Community Development Commission October 22, 2015 Page 13 of 15 year compliance period. Payments would begin once the rehabilitation is completed. Executing the agreement would be contingent on SouthGate paying off the $600,000 loan for the Orchard Place (aka Broadway Condos) project. (CDBG rules require that 51% of the units be rented to those under 80% of median income at no more than the CDBG fair market rent). Lamkins seconded the motion. A vote was taken and the motion passed 5-0. DISCUSSION OF SCORING CRITERIA AND APPLICATION FORM FOR CDBG AND HOME GRANT APPLICATIONS: Byler noted the Commission was able to have a productive discussion on this evening's applications without any scoring criteria. He doesn't feel the scoring forms need to be filled out. Seiple noted she did use the scoring worksheets when reviewing tonight's applications just so she could get used to using them. She does agree she would not want the allocations to be based on scoring only without discussion. Persson said she would like to see the Commission get a list of the CITY STEPS and then to have a discussion about homelessness, rapid rehousing, and what the Commission should be looking at in terms of affordability so they can better react to applications that state they serve homeless needs. She feels it is important to have definitions of homelessness and rapid rehousing set so that they can see if the applications fit into those definitions. Berg noted that from an applicant's perspective it would be nice to have evaluation criteria so they know if their application meets the stated criteria. Dennis noted that the Commission's charge is to be the best stewards of the federal funds that come into the City by making recommendations to the Council and there are three things they need to look at: Is there a need? Is the project reasonable and have a reasonable budget? Does the applicant have the capacity to fulfill the project? In her opinion the scoring sheet makes it difficult to answer those three questions and make a reasonable judgment. Lamkins noted that the application seems to have a lot of redundant questions on it as well. Perhaps that can be trimmed down. Byler asked if anyone was interested in forming a smaller committee to meet to come up with a recommendation. Persson volunteered to work on it and would like input from others and also applicants. Hightshoe said if changes are made to the applications, then it must be done soon because Council needs to approve the applications in early December. Byler asked that the Commission give the scoring and application some thought and then at the November 19 meeting the Commission can discuss and also hear public input. Housing and Community Development Commission October 22, 2015 Page 14 of 15 ADJOURNMENT: Persson moved to adjourn. Lamkins seconded the motion. A vote was taken and motion carried 5-0. z 0 W 0 U H z W CL 0 J W W D z D 0 U 0 z a c� z N O x O U W w W U z a D z W F H a W Yx00 N W O X i W O W Q X X i X X O r LO r r x x w x x x x x 0 01 co X X W O , 0 `O X x i X X <o LO 0 0 x 0 x x x o ! = x x U) N X X X ; X x x x ; ; O x M LO m X X X X X X X x x N LO .`- x x x x x o o x CD N r r X X ; X x ` X X a to rl- LO co r- co co LO 0 co r- Ln 0 0 o N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N Lu rn rn rn rn rn rn rn rn rn rn rn rn W J J W 3C U W w z H Z W � W W H Q O >- N Z O 0 m 0 2 U J Y Q C9 z z z z Wa w m ? N W 0 J Ww w 0 w a 0 0 U Y tq OC J a z J 2_ Z m m U U J d Z N CO) H N W Yx00 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION NOVEMBER 5, 2015 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Mike Hensch, Max Parsons, Jodie Theobald MEMBERS ABSENT: Ann Freerks, Phoebe Martin STAFF PRESENT: Sara Hektoen, Karen Howard, Martina Wolf, John Yapp OTHERS PRESENT: Kevin Digmann, Jane Driscoll, Ben Logsdon, Dan Tiedt, Carolyn Wallace, Nick Lindsley RECOMMENDATIONS TO CITY COUNCIL: By a vote of 4-1 (Eastham voting no) the Commission recommends approval of REZ15-00020, a proposal to rezone approximately 1.03 acres of property located within the 600 block of South Dubuque Street from Community Commercial (CC -2) to Riverfront Crossing -Central Crossings (RFC -CX), subject to the condition as stated in the staff report. By a vote of 5-0 the Commission recommends approval of VAC15-00005 , a vacation of approximately 4,200 cubic feet of airspace (from 25 feet above pavement grade to 46 feet above said grade) above the alley running north -south between East Harrison and East Prentiss Streets to allow for the installation of a pedestrian walkway connecting MidWestOne Bank and a municipal parking facility. The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There were none REZONING ITEM (REZ15-00020): Discussion of an application submitted by HD Capital Partners, LLC for a rezoning from Community Commercial (CC -2) zone to Riverfront Crossings - Central Crossing Subdistrict (RFC -CX) zone for approximately 1.03 acres of property located at 602, 604, 608, 610, 614, 620, 628 South Dubuque Street. Howard stated this item was deferred at the last meeting and began by showing a map of the area of the proposed rezoning and what the existing zonings in the area currently are. She noted the Community Commercial zone is the general commercial zone for Iowa City and does not have a lot of design standards. It is the same zoning that is along Highway 6 and Highway 1 in Iowa City and does not allows only 15 units per acre by special exception. In contrast, in Riverfront Crossings, the Central Crossings Subdistrict zone has form -based zoning standards Planning and Zoning Commission November 5, 2015 — Formal Meeting Page 2 of 16 for building and parking placement and fairly extensive building design standards. The zone allows a maximum of 4 stories with a 10 -foot stepback above the 3rd floor. It allows a mix of uses, in this particular area there is a requirement for a retail frontage on the south end of the Dubuque Street frontage. Howard refreshed the Commission on the elements that are in the form -based code, and how those standards would relate to buildings on this site if it were rezoned. The applicant submitted a schematic site plan, building elevations, and some general information regarding their intent for redevelopment of the property. Howard said there is a regulating plan with the form -based code that specifies the primary street; which in this case is Dubuque Street. According to the regulating plan, a retail frontage is required on the ground level floor of the southernmost building. The form -based code has specific standards for placement of buildings and parking. Parking must be located behind off an alley with active building space located at the front of the lot. Buildings must be built toward the front of the lot and meet standards for front entrances designed to meet the building type. The density in Riverfront Crossings is controlled by building height and the parking requirements. Builders must be able to meet the parking requirements for the number of residential units and also the height limitations in each subdistrict. In this particular case there is a four-story height limit with a step -back on the facade on the fourth level which gives it a general three-story height character of the district. The step -back creates a visual change from a pedestrian view. Howard said the form -based code is mostly focused on the form of the buildings, the parking placement and building design, less on the land uses allowed. There is a broad range of uses that can locate in buildings over time and the uses can be mixed both vertically (ground level commercial and residential above) or horizontally with a commercial building right next to a residential building. It is mostly up to the developer as to what they think will be most successful. There are a lot of building types that are allowed in Riverfront Crossings and each one of the subdistricts of Riverfront Crossings lists the building types allowed in each subdistrict. In this case the developer has an interest on building a multi- dwelling building to the north and a mixed-use building on the southern portion of the block. Associated with those building types there are certain frontage types that they can choose from but each as specific standards. The building frontage requirement is one of the most important requirements of a form -based code, it is the transition of the public space along the street to the private space of the property, the transition from outdoor to indoor, and the design treatment of the first floor building facade, the configuration of the fagade projections and the disposition of entranceways and other front yard improvements between the building and the public sidewalk. Howard explained that in this application the storefront frontage would apply to any building on the south end of Dubuque Street and showed images of good store front designs. Eastham asked if the storefront elements Howard was showing were required by the form -based code and Howard replied that they were. For example, the form -based code specifies how much window coverage there must be; in this case 70% window coverage on the ground floor, with an entrance every 50 feet, entrances must be at grade, and there is a minimum floor to ceiling height of 14 feet on the ground level floor. Howard explained that for multi dwelling buildings there are several different frontage types. If it is a building where you enter into a lobby and then go up an elevator or stairways to get to the units it would need a portico frontage. Stoop frontages are allowed for individual entrances, and some buildings can incorporate both portico and stoop frontages. Terrace frontages may also be used for individual entrances into units. Each of these types of entrances require specific landscaping as well. Planning and Zoning Commission November 5, 2015 — Formal Meeting Page 3 of 16 Howard stated there are detailed design standards in the form -based code, building articulation standards, building entryway standards, and building materials. There is also an open space code requirement which in Riverfront Crossings is 10 square feet per bedroom, so it will depend on the number of bedrooms/units on the site. That open space requirement can be met in a number of different ways, it can be ground level, or it can be up on a terrace or rooftop. Howard explained that with regards to this particular application, the question is whether the requested zoning is consistent with the Comprehensive Plan. In this particular situation the Comprehensive Plan that applies is the Riverfront Crossings Master Plan. So this application must meet the goals and objectives stated in the Plan, encouraging contextual infill, leveraging future investments in transit through higher density development, to restore and enhance conditions along Ralston Creek, to promote additional housing options and to improve the quality of residential design. Howard noted that the plan map shown in the Riverfront Crossings Master Plan was intended to demonstrate one way the Plan's goals could be met. Howard stated the applicant has provided a more detailed plan for the development than was shown at the last meeting. It shows two buildings with a 35 foot space between the two buildings that would be configured as a pedestrian street. A U-shaped mixed use building on the south has retail in the front with residential behind and above and that building would have useable open space for the residents that would be configured as a rear courtyard between the wings of the building. The building to the north is shown as a multi -dwelling building with the main entrance off the open space that would be configured as a pedestrian street between the two buildings. These open spaces would be located on top of a below grade parking structure that is accessed from the rear alley. The minimum front and side setbacks are 10 feet and a 5 foot setback is required from the rear alley. Howard showed the conceptual elevation drawings of the proposed buildings, showing the character and scale of the buildings. In the Staff review they looked at if the application achieves the goals of the Plan and felt it does generally but thinks there is a need for additional open space on the property over and above what is required in the code, to respond to the context, character and scale of the neighborhood and existing lot and block pattern. In addition, a mid -block break between the buildings will provide a higher quality living environment for residents. Staff recommends approval of REZ15-00020, a proposal to rezone approximately 1.03 acres of property located within the 600 block of South Dubuque Street from Community Commercial (CC -2) to Riverfront Crossing -Central Crossings (RFC -CX), subject to the following condition: Mid -block shared, useable open space is required between the buildings and between building wings as conceptually shown on the submitted site plan. The mid -block space between the buildings must be at least 35' wide and must be designed as a "private pedestrian street" as set forth in the form -based code and also meet the design standards for "open space" as set forth in the form -based code. Courtyard space between building wings must be a minimum 35' in width and must be configured as shared usable open space meeting the design standards in the form -based code. Dyer asked if there were any provisions for handicap accessibility on the street side and residential since the stoops and porticos are all up steps. Howard said every multi -family building is required by City Code to have accessible entrances so that will need to be shown in Planning and Zoning Commission November 5, 2015 — Formal Meeting Page 4 of 16 the final plans. Eastham asked if the accessible requirement could be fulfilled by having an elevator from the garage entrance into the building. Howard answered that the building would have to be accessible from both the garage and pedestrian entrances. Hensch asked about the below grade parking with entrance to the rear of the building and how the determination was made for the required number of spaces. Howard said it is based on the number of units and the number of bedrooms and in the Central Crossings District the requirement is 0.75 parking spaces for one bedroom units, 1.5 spaces for 2 bedroom units and 2.5 spaces for a 3 bedroom unit. Eastham asked about the recommendations to require garage doors of some type on the garage entrances and if that was required by the Code. Howard said they are not required by the Code but developers tend to put them in and the applicant can better answer that question. Eastham then asked about the side of the building on the south, which will be next to the railroad tracks, and if that side of the building is only required to be setback 10 feet even if it is next to a railroad right-of-way. Howard said the railroad right-of-way is pretty wide so it's not like the building will be right next to the railroad tracks. She suggested the applicant could comment on types of materials they have used in other situations when buildings are built next to railroad tracks. Eastham noted concern if children live in the building. Eastham noted that Freerks raised the questions at the last meeting the provisions of the Riverfront Crossings Master Plan regarding existing business placement and providing some tools or strategies to help existing businesses remain in this area. He asked how that is met in this particular application. Howard explained that the zoning will not control the displacement of businesses, it would have to be solved by some other policy means. Eastham asked if it could be a conditional zoning. Howard said that would be difficult to enforce because they do not know what the desires of the existing tenants are in this situation. Hektoen agreed that was beyond the realm of zoning and into other policies. Dyer asked what other policies would address this issue. Howard said there could be incentive programs or relocation assistance programs. Eastham opened the public hearing. Kevin Digmann (HD Capital Partners, LLC) first wanted to address a couple of the questions that were raised. With regards to the handicap accessibility, they do show a couple of stoops on the residential building but the main entrance to both buildings would be off the courtyard and pedestrian street between the buildings which would be handicap accessible. The units with stoops out front will also have an access to from a corridor to the rear of the unit that would be handicap accessible. Because of the elevation change of the lot (from Dubuque Street to the alley behind is more than a 20 foot drop), they are proposing one or two levels of parking behind there that would have elevators. Digmann noted that with regards to the property line along the south building next to the railroad tracks, the proposed building will actually be 10 feet more north than the current building that is there now (because it is built on the property line) and for noise reduction they will use laminate windows that are three panes thick to abate the noise. Digmann stated that they have worked with the current commercial tenants on the property and the current tenants have leases until May 2017 so Digmann's group will complete the development in phases to not disturb the tenants. They have also offered up vacant space in Planning and Zoning Commission November 5, 2015 — Formal Meeting Page 5 of 16 other buildings for the commercial tenants to move to, but none of them have shown any interest. Digmann noted that his group took the notes from the Commissioners at the last meeting and have come back with more details and efforts to accomplish all the requirements of the Riverfront Crossings Plan. He also noted that the residential units will be marketed towards young professionals, not that no students will live there, but the units will be more upscale and attractive to young professionals. Hensch asked about the sloping of the lot and would the buildings be at only one level. Digmann said yes and the courtyards will have a retaining wall and fencing for safety due to the sloping of the lot Dyer asked if Digmann anticipated the residential units being rentals or condos. Digmann said they would be set up as condominiums originally but the market will dictate if they will be sold or rented. Dyer asked if there would be any affordable housing units. Digmann said that has not been decided, they have talked to the City about details for those types of units and what bonus opportunities they would receive for having affordable housing units. Yapp noted that City Council has provided staff to prepare an inclusionary housing ordinance for the Riverfront Crossings District that would require affordable units for new projects. If that is in place prior to this project commencing then they would have to meet that requirement. Hensch asked what percent of the units would be three bedrooms. Digmann said about 50-60% would be two-bedroom units, 20-25% will be one -bedroom units, and 20-25% will be three- bedroom units. Hensch noted that most of the commercial tenants on that block have already moved out of their spaces. Digmann said that was correct. Racketmaster was still there, the bike shops lease runs out in December and he bought a property on Gilbert Street and will move there. Theobald asked about the other commercial shops along that property. Digmann answered yes at the other end of the property there is a shoe repair shop, a hair place, and an alterations place and those are the businesses that have leases until May 2017 so that area of the development will be part of a phase two of the project. Theobald asked if Digmann anticipated the rents being substantially higher in the retail spaces of the new developments. Digmann replied yes, the current rents those tenants are paying are substantially below current market rates. Dyer noted that is the concern with this project, the displacement of businesses that cannot afford brand new storefronts and the community needs to accommodate them. Digmann agreed and said if someone wants to subsidize a commercial business they would accept them as a tenant but as a private developer they have to meet their costs needs. Eastham asked if the entrances to all the residential spaces will from the building courtyard or front, none from the U -shape open space area. Digmann confirmed that was correct. He also noted that the common greenspace was about 7000 square feet and with regards to City Code that would accommodate almost 700 bedrooms and they will not be close to that with this project. Theobald asked about the garage doors. Digmann said they will put in garage doors so that they have secure buildings, there will be secure access to the buildings on all entrances. Dyer asked if they had any renderings of what the back of the buildings would be like, because of the height of the lot and buildings it will be visible when the creek is developed. Digmann Planning and Zoning Commission November 5, 2015 — Formal Meeting Page 6 of 16 said it will be a decorative retaining wall with garage doors, it will not be an eyesore. Parsons noted that there was something in the Code that specifies what materials the building has to be so it would not be an eyesore. Howard confirmed noting there were more standards for fronts of buildings but this plan will have to go through design review and Staff always reviews all sides and elevations of the buildings. She acknowledged that the parking level is often less ornamental than the residential levels but they will review the whole plan to make sure it meets the intent of the Code. Eastham asked about the north side of the building, Howard said that is a street facing side of the building so it would need to meet all the design standards. Eastham asked about the south side of the first building, facing the pedestrian walkway. Howard said that was not a street facing side so it does not require as much windows, but since this will be a residential building every bedroom is required to have a window. Digmann noted that they would use similar window coverage on all four sides of the buildings with the exception of the commercial space that will meet those particular design standards. Dyer noted her concern that the back of the buildings will be visible and not typical building backsides, so it should be treated the same as a street facing side. Howard said a garage structure parking is required in the Code to be designed to have character of a residential building and appear to be part of the design of the building. Howard reiterated that Staff will review the proposed design elements of the buildings, including elevations of all four sides and sample materials. Eastham closed the public hearing. Hensch moved to approve REZ15-00020, a proposal to rezone approximately 1.03 acres of property located within the 600 block of South Dubuque Street from Community Commercial (CC -2) to Riverfront Crossing -Central Crossings (RFC -CX), subject to the condition as stated in the staff report. Theobald seconded the motion. Hensch noted that from Digmann and Staff's presentations it's been shown compliance with the Master Plan objectives and assesses the character and development programs for the Central Crossings District. Parsons agreed with that statement. Theobald agreed but noted her concern that the area will lose its character of the existing small businesses that are located there as it is a diverse mix of businesses. Dyer stated her appreciation for the elevations and feels it will be a good addition to the downtown area. Eastham also appreciates the elevations and the potential building design and the expansion of the gaps between the buildings from 30 to 35 feet but has a concern about the distance from the building to the railroad right-of-way being only 10 feet. In other residential areas of the city the distance from the railroad right-of-way and the houses is closer to 20 or 25 feet. He said one of the issues with this application is the major use of these two buildings will be residential and if they are to be attractive to families with children the proximity to the railroad tracks will be an issue. He feels the building could be shifted 5 feet, even if that meant reducing the gap between the buildings or shortening the length of the building. Eastham noted additional concern about lack of assisting existing commercial users to either relocate to another space in this area or somewhere else in town or to eventually be placed into the new building. He reiterated that the Master Plan for this area is very specific stating "tools and strategies should be developed to help existing businesses remain in the area in assisting them in finding new Planning and Zoning Commission November 5, 2015 — Formal Meeting Page 7 of 16 locations that better meet their business goals". Eastham noted he feels that is an obligation on part of the City and Staff has not addressed that. It is a lack of infrastructure support in this and other rezoning applications. He would be much more comfortable if the Staff could address those tools and strategies before construction begins or current leases expire. Since this language is in the Master Plan, the City does have some obligation to develop assistance for such situations. He hopes Council notices that when this application comes before them. Dyer noted this is the first project in Riverfront Crossings to deal with this situation but it will come up again in future developments in the area. A vote was taken and the motion carried 4-1 (Eastham dissenting). REZONING ITEM (REZ15-00021): Discussion of an application submitted by Built to Suit for a rezoning from Community Office (CO - 1) zone to Intensive Commercial (CI -1) zone for approximately 7.98 acres of property located east of Mormon Trek Blvd between Grace Drive and Eagle View Drive. Yapp introduced Martina Wolf an intern and graduate student at The University of Iowa. Wolf presented the staff report. Build to Suit would like to build a medical office, pharmacy and a warehouse they would be distributing medical equipment out of on the property. When this property was first annexed in 2003 it was originally zoned intensive commercial and then was zoned to commercial office in 2007. Intensive commercial zoning allows commercial uses including outdoor storage and warehousing. Wolf showed maps and aerial photos of the area. The South Central District Plan reflect that either intensive commercial and/or office commercial would be appropriate for this area. Staff believes Mormon Trek Boulevard is more than capable of handling any increase in vehicle traffic. Staff recommends that REZ15-00021, an application to rezone 7.98 acres of land generally located east of Mormon Trek Boulevard between Grace Drive and Eagle View Drive be approved. Yapp added that when the applicant first came to the City with their project for a medical clinic the majority of the uses in the medical clinic would be permitted in the existing commercial office zoning. It is the warehouse storage and distribution of medical equipment portion of the clinic that led to the application for rezoning to CI -1, Intensive Commercial zoning. Warehousing and distribution of supplies to other clinic is not permitted in the existing Commercial Office Zone. Hensch asked if it is just the distribution of medical equipment but not any retail aspects. Yapp said the pharmacy in the clinic would be considered an accessory retail use. Dyer asked about what type of medical equipment would be housed there. Yapp said the applicant could answer those specifics. Hensch noted that Dane Road (to the east) appears to be just a chip -seal road and not in very good repair, and asked where the retail customers would be driving to. Yapp said access to the property would be off Grace Drive and Eagle View Drive which are both streets improved to public standards. Hensch asked if Dane Road was on any of the City's five or ten year plans for improvement. Yapp said it is not. Planning and Zoning Commission November 5, 2015 - Formal Meeting Page 8 of 16 Parsons noted there was a section of Dane Road that is separate from the main Dane Road and wondered if the two were ever to be connected. Yapp said there are no plans to extend it to the north or south but it does provide access to the properties to the east that are currently outside of City limits. Eastham asked if there would be sidewalk requirements when this parcel is subdivided. Yapp said that yes, sidewalks will be required. Eastham asked if the staff cared to comment on the letter received Lisa Hine from the Iowa National Heritage Foundation. Yapp said the letter indicated that land held by the George Dane Trust is bequeathed to the Iowa National Heritage Foundation and that property is to the southeast of this property and have asked land use zoning and transportation plans when they are amended take this bequeathment into account. That property is currently in Johnson County and not Iowa City but the next time they amend their land use map they will reflect this bequest. Eastham asked how the Commission was supposed to consider the letter amongst their deliberations. Hetkeon said it is just a letter for information purposes it does not prevent the Commission from considering or approving the rezoning application. Hensch asked Yapp to show on the map exactly where the parcel of land was located. Eastham opened the public hearing. Ben Logsdon (Build to Suit) said the original project was a medical office for the University to bring several different practices to the building. Part of what evolved was need for retail of some medical equipment, wheelchairs and such, and to also store more medical supplies in bulk. The lot slopes so the building will have a walkout basement and storage will be on the lower level east side of the building. There will be a family practice use in the building, a dialysis area, a pharmacy and Mothers Milk Bank. The reason for the rezoning is to allow all the different users to fit within the building. Although outdoor storage is allowed in commercial intensive zones, they do not plan for any outdoor storage. Logsdon also noted that they are not planning to access the property off Dane Road, most the traffic will come off Grace Drive with a staff parking lot off Eagle View Drive. Dyer asked if they had building elevation drawings to show. Logsdon said they have started elevation renderings but with the various different users in the building it's taken time to put all the pieces together. Eastham asked what the height limits are for CI -1 buildings. Yapp replied they are 35 feet. Logsdon said they are planning on 2 story buildings with a walkout basement so they will be well below the 35 foot limit. Hensch asked if it was going to be a distribution center for durable medical equipment for UIHC. Logsdon said that is part of it, mostly it will be clinics but with the ability to have that lower level walkout they will utilize that space for durable medical storage for items there is not enough room to store at the hospital. Hensch asked about the clinic uses and if there was any concern about mixing the chronically ill with a wholesale warehouse site. Logsdon said they are working on the site plan with all parties involved and entrances will be separated as will driveways to each Planning and Zoning Commission November 5, 2015 — Formal Meeting Page 9 of 16 entrance. Due to the grade difference in the lot the far east parking lot will be at a lower grade than the other parking lot and separated by a retaining wall. Hensch asked if the main clinics would be more to the east, easier to see from Mormon Trek Boulevard. Logsdon said they were still working out all those details. Theobald asked about all the cars that are currently parked on one of those streets during the day. Logsdon said that Billion Auto is currently parking employee cars over there since those roads aren't currently used. Yapp said 'no parking' has been designated on one side of those streets and with a development on this site they will revisit the no parking designation and decide if it needs to be posted on both sides of the street. Hensch agreed that was one of his concerns, traffic implications, with family practice and chronically ill dialysis patients there needs to be safety concerns. Jane Driscoll presented the Commission with a handout of her talking points. She is speaking on behalf of her grandfather, George Dane, who owns the property immediately to the east of the application property. Her parents currently reside in the home her grandparents built in 1948. Her grandfather wants to keep in close contact with this topic but is not physically able to attend meetings. In addition to the family residence there is an apple orchard, grape vineyard, flowers, trees, and bushes, walnut and oak trees, farming crops, livestock and other amenities. The hilltop is approximately 100 feet above the airport so it allows for magnificent views in all directions. Where the house sits, at the peak, one can see to the northeast downtown Iowa City, City High School, the airport, east over the Iowa River valley to Lone Tree, West Liberty, south to Hills, to the west is the rolling hills of the Iowa prairie, and you can see fireworks from four different communities. There are beautiful sunrises and sunsets. This is the last sizeable open area close to Iowa City that is unencumbered by trees or buildings. Her grandfather believes they are tenders of this land for a very short time, the land is a gift to us and we need to be mindful of its care. These views are unique and they belong to everyone not just a few people. With foresights of generations to come about 15 years ago the property was designated to become a park so there can continue to be sledding in the wintertime and views for all the world to enjoy. The gift of the 16 acre park to the citizens of Iowa City and Johnson County is in an effort to preserve the beautiful views on this open hilltop area with the envision that the park will be used for picnics, flying kites, band concerts, playing Frisbee, and those type of activities that all ages can enjoy. The City has been aware of this designation, it has been documented to reflect these plans, and discussed with both the City Staff and the City Council. This topic needs conscious planning for the adjacent property uses that need to be compatible with a park. However as you know the future park designation is not yet reflected in the Comprehensive Plan and that needs to be updated. As the letter from the Iowa Heritage Trust Foundation stated that is what is going to happen to her grandfather's property. With a future park in mind across the road from the property that is being discussed tonight they realize something will need to go there but hope the Commission can consider what the best use for the property is. They understand the proposal is to build an outreach medical facility for the community and while they are not opposed to that use, the zoning designation of CI -1 could be for a lot of uses that are not compatible with a park like outside storage displays, warehouse and industrial services. Those types of uses can include larger truck traffic and deliveries at all hours which is not conducive to residential areas. Those type of uses need to be in typical commercial areas that provide easy truck access and ideally shielded visually from less intensive zones. The current zone of CO -1 offers a transition between the higher intensive commercial uses to the residential or less Planning and Zoning Commission November 5, 2015 - Formal Meeting Page 10 of 16 intensive uses. Driscoll noted she understands the Commission can recommend limitations or define specific features beyond use as a condition to a zoning assignment, so wouldn't it be possible to maintain the commercial office zone and for a specific targeted use allow a small warehouse or distribution center perhaps based on limited square footage or a maximum number of truck docks. Or the reverse could happen, rezone the property to CI -1 with conditions that include features you see in the commercial office zone and to allow that transition from a high intensity to a low intensity to happen within that property. That would create a potential buffer between the park and more intensive issues. Driscoll's concerns can be more specifically stated CI -1 and residential uses just don't mix and she is not aware of any other parks that boarder such intensive uses in our community, it is simply not compatible. Fast forwarding to the future when her hilltop becomes a park folks will likely ask what the City was thinking back in 2015 when they allowed intensive commercial use buildings next to a park. We can assume the University will have this clinic for some time, but there are no guarantees and no one knows what the next use of this property will be. Other parks in Iowa City are not burden with this potential neighbor. City Park has the Levitt Center and Hancher across the street, it does not have a warehouse or auto dealership right across from it. The CI -1 brings more intensive traffic, delivery vehicles, they tend to be customer driven and they attract more customers and more traffic in order to be sustainable. Attracting customers requires visibility, large signs, lighting, high profile store fronts, and other activities that call attention to the business which is also not compatible to residential or park areas. Outside storage requires intensive lighting for safety and security and even with shielding it does create light noise. It will be difficult to star gaze or use your telescope in the park when there is the glare of security lighting in the sky. They have already had direct experience with some of these issues with the existing car dealership on the corner of Highway 1 and Mormon Trek Boulevard extending east and south to Dane road. They utilize outside speakers for paging services, light radiates from the lighting towers that are necessary for security, deliveries are made with large car carriers that are sometimes unloaded on Eagle View Drive, and employee vehicles line Eagle View Drive down to Dane Road and also on Grace Drive which makes snow plows and mail delivery access restricted. While these are both public streets and allow parking on one side they are not intended to be used for street storage or for servicing vehicles. Deliveries or shipments moving in an out of warehouses often use a truck docks with forklifts that require audible backup warnings definitely interrupting a quiet afternoon reading at a park. Driscoll asks that zoning conditions be placed on lighting issues, hours of operation, square footage of a warehouse, limit the number of truck docks, the location and number of accesses off the side streets, and screening. Preserving this future park as a community asset and hopefully a place future recruits for The University of Iowa or other businesses will visit that will make them want to come to Iowa City. The park may also be a great location for picnics between appointments at the medical clinic but only if we protect it from adjacent uses that could spill over and diminish its significance. Commissions, Council, Staff, and property owners change over time therefore including conditional zoning requirements are reasonable limitations and the preplanning during the rezoning process will document the agreements and the intentions for the future. Driscoll invited the Commissioners to come visit the future park area and see the spectacular views. Parsons asked if there was a time table of when the property would actually become a park. Driscoll said the plan is once the immediate family is done using the property as their residence it would become a park. Eastham asked about the size of the property. Driscoll said it is just shy of 20 acres. Planning and Zoning Commission November 5, 2015 — Formal Meeting Page 11 of 16 Eastham asked since it's been bequeathed will it become parkland legally at what point. Hetkeon said she would have to review the bequest documents to know the details and make a legal determination. Dan Tiedt (PIP Printing) questioned that if this parcel does get rezoned does that mean the University will build the clinic or could it possibly be something else. Hektoen said there is nothing that the Commission can do that would limit the University from reselling the property, the zoning is not tied to the University's purchase of the property. Logsdon reiterated that the project does not plan for any outdoor storage, it will be a small warehouse use for medical products, so there would not be anything outside or no forklifts outside, it would all be contained within the building. Logsdon said they envision two docks at most and likely vehicles will be brought inside the building to load. The warehouse portion is really more of an accessory to the rest of the clinic use. Dyer asked if they don't plan outside storage then why is there a need for the rezoning. Yapp replied that due to the warehouse portion a rezoning is required. If it was warehousing just for this medical clinic it would not require a rezoning but because it is warehousing for other medical clinics and a distribution function that requires a rezoning request. Hensch noted this sounds like it will be more of a central stores configuration in a hospital rather than a wholesale distribution center. Logsdon confirmed that was the case. Hensch asked what type of vehicles would be used for the medical equipment transfers. Logsdon said there would be semi -trucks to get the product to the facility but most deliveries out of the building will be in vans or small cargo trucks (similar to what a UPS truck size is). The vehicles will be loaded inside the facility because they do not want medical products to be outside. It will be durable medical equipment (gauze, gloves, etc). Eastham stated that is the case for this particular use, but if rezoned the zoning would allow for future uses that may include outside warehouse storage. Logsdon said while that is true, this project is a pretty significant investment, over a $20 million project, and the warehouse component is a very small portion of the whole project. Hensch asked if this building would be the only structure on the parcel. Logsdon replied that yes it will all be one building. The warehouse portion is basically the basement of the clinic building. Dyer asked if the access to the structure would be off Grace Drive. Logsdon confirmed that they would like to have three access points off Grace Drive and two off Eagle View Drive. Dyer asked which access point the trucks would use. Logsdon said trucks would only access the property from the east side of Grace Drive. Hensch stated that since Dane Road is unimproved he wanted confirmation that none of the distribution traffic would access Dane Road. Logsdon confirmed that none of the traffic would be on Dane Road. Eastham asked if Logsdon knew what type of nighttime lighting will be used. Logsdon said not at this time but certainly they would follow the City ordinance. Yapp confirmed the City has lighting standards within 300 feet of a residential zone, parking lot lights can be no Planning and Zoning Commission November 5, 2015 — Formal Meeting Page 12 of 16 more than 25 feet high, and further than 300 feet parking lot lights can be 35 feet high but must be downcast and shielded. Yapp noted the question for the Commission is whether to discuss higher standards than what is the current City ordinance. Eastham asked if that was the same for sound. Yapp stated that sound is very difficult to regulate, but can be controlled by hours of operation. If the Commission would like to open that conversation Yapp would need to discuss such standard options with the applicant. Eastham agreed and asked then if they would be setting a conditional zoning that would persist over time. Yapp confirmed that would be the case. Hensch asked if they would then have to have the same discussion for any rezoning application on any of the contiguous properties to be fair. Eastham noted that was a question and the Commission would need to discuss if that was a reasonable provision for the areas surrounding due to the potential future park land use. Dyer noted there is a current residential use of that property. Eastham closed the public hearing. Theobald moved to defer this item REZ15-00021 until the next meeting. Hensch seconded the motion. Dyer asked if possible the Commission would like to see building elevations as well at the next meeting. She noted this project seems similar to the clinic they rezoned property for on North Dodge Street and items like berming and lighting need to be discussed. Eastham noted that any restrictions on the rezoning of this parcel should be taken in light of the proposed future park use in the area. A vote was taken and the motion to defer carried 5-0. VACATION ITEM (VAC15-00005): Discussion of an application submitted by MidWestOne Bank for a vacation of air rights 25' above pavement grade over public right-of-way in the north -south alleyway between East Harrison Street and East Prentiss Street to allow a pedestrian walkway. Wolf stated that MidWestOne Bank is requesting vacation of air rights 25' above to 46' above pavement grade to install an enclosed pedestrian walkway between their new MidWestOne Bank building on the corner of Harrison Street and a parking facility that is planned for the corner of Dubuque Street and Harrison Street. There are four adjacent properties the utilize the alley, mostly for parking, so vacating these air rights Staff does not believe will affect those uses. This walkway will allow for pedestrians to avoid having to cross traffic in the alley. When reviewing vacation requests pedestrian and vehicular traffic is the most important factor Staff looks at. Because this vacation is 25' above grade all the circulation will remain the same, emergency and utility vehicles don't normally require more than 14' of clearance. Wolf showed an image of the proposed walkway, it will be 20' long, 10' wide and 10' high. Staff recommends approval of VAC1 5-00005, a vacation of approximately 4,200 cubic feet Planning and Zoning Commission November 5, 2015 —Formal Meeting Page 13 of 16 of airspace (from 25 feet above pavement grade to 46 feet above said grade) above the alley running north -south between East Harrison and East Prentiss Streets to allow for the installation of a pedestrian walkway connecting MidWestOne Bank and a municipal parking facility. Hensch asked what are some typical issues associated with these particular types of requests. Wolf replied that when looking at vacating the pedestrian and vehicular traffic circulation is important, emergency vehicle access, impact to adjacent private properties, and location of utilities. Hensch asked if there was any opposition to this vacation item from neighbors. Yapp replied that they have heard no opposition. He added that Wolf summarized what they review with vacation applications, he added that for air rights such as this there do not appear to be any conflicts that are created for a skywalk. He noted there are some concerns with skywalks in general in retail situations because it can take away from pedestrian traffic at the street level. In this case however it is a connection between an office building and a parking ramp to facilitate people who are parked in the parking ramp to get into the office building. Dyer noted this is similar to the walkway between the Senior Center and the parking ramp on Iowa Avenue. Eastham asked if that one had to have a vacation of airway and Yapp replied no because it is owned by the City. Eastham asked if there was any other permitting process to allow this walkway to be built besides in addition to vacating the rights to the airspace. Yapp said they will need a building permit. Hetkeon said doing the vacation is necessary because this is an integral part of the building this is the course of action the City feels is necessary. Eastham opened the public hearing. Carolyn Wallace (MidWestOne Bank) and Nick Lindsley (Neumann Monson Architects) came forward to answer any questions the Commission may have. Hearing no questions or other public comments Eastham closed the public hearing. Hensch moved to approve VAC15-00005 , a vacation of approximately 4,200 cubic feet of airspace (from 25 feet above pavement grade to 46 feet above said grade) above the alley running north -south between East Harrison and East Prentiss Streets to allow for the installation of a pedestrian walkway connecting MidWestOne Bank and a municipal parking facility. Theobald seconded the motion. A vote was taken and the motion carried 5-0. CONSIDERATION OF MEETING MINUTES: OCTOBER 15, 2015 Dyer moved to approve the meeting minutes of October 15, 2015. Hensch seconded the motion. A vote was taken and the motion passed 5-0. Planning and Zoning Commission November 5, 2015 — Formal Meeting Page 14 of 16 PLANNING AND ZONING INFORMATION: Yapp noted that staff handed out a meeting notice for public meeting on a proposed Riverside Drive streetscape plan next Thursday from 5 pm to 7 pm at Roosevelt School. Staff has been working with a consultant on a proposed streetscape design plan for Riverside Drive which is part of the Riverfront Crossings District and this will be a public unveiling of that plan for public feedback. This would be the area of Riverside Drive from the Highway 1/Highway6 intersection to about Myrtle Street. Eastham asked if this will show the underpass under the railroad. Yapp was not sure that would be specifically addressed, this is more about the streetscape plan. He noted the pedestrian tunnel under the railroad is an important part of the pedestrian circulation and that is currently a funded project. Dyer asked how long it will take to build that pedestrian tunnel. Yapp was unsure specifically but believes it is funded for 2016-17. ADJOURNMENT: Parsons moved to adjourn. Hensch seconded. A vote was taken and motion carried 5-0. Planning and Zoning Commission November 5, 2015 — Formal Meeting Page 15 of 16 z O N N G 20 ULLWUo T Z W N U OZ� NDN od z OW z~ 2 z J a O z I- W W W Q O LL In � X X O X- X X T LO Zxxxixi XXX V- X X X X X X ! 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