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HomeMy WebLinkAbout2015-11-10 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. AOd04 Iowa City r=i° &� 'm�` �,� City Council Agenda` Special Formal CIN OF IOWA CITY November 10, 2015 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street ��� X 1ss,� www.icaov.orq ITEM 1. CALL TO ORDER. ITEM 1 a Roll Call ITEM 2. STUDENT LEADERSHIP AWARDS — Hoover Elementary T=f'L7V1 � vvvv i n "cnm nn ITEM 2b James Tinkham ITEM 3. PROCLAMATIONS ITEM 3a National Native American Heritage Month - November ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. ITEM 4a. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: ITEM 4a(1) October 20 Special Formal Official & Complete ITEM 4a(2) October 20 Work Session ITEM 4a(3) October 20 Regular Formal Official & Complete ITEM 4b. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). ITEM 4b(1) Board of Adjustment — September 14 ITEM 4b(2) Housing and Community Development Commission — September 17 ITEM 4b(3) Human Rights Commission — September 16 ITEM 4b(4) Library Board of Trustees — September 24 ITEM 4b(5) Parks and Recreation Commission — September 9 ITEM 4b(6) Planning & Zoning Commission — October 1 ITEM 4b(7) Telecommunications Commission — September 28 ITEM 4c. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal ITEM 4c(1) Class C Liquor License for Brixco., LLC, dba Brix, 209 N. Linn St. ITEM 4c(2) Class B Liquor License for Posh Hotel LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. ITEM 4c(3) Special Class C Liquor License for Filmscene, dba Filmscene, 118 E. College St., Suite 101 ITEM 4c(4) Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc., #304, 2765 Commerce Dr. ITEM 4c(5) Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc., #950, 2530 Westwinds Dr. November 10, 2015 City of Iowa City Page 2 l5 _.-3qj ITEM 4c(6) Class E Liquor License for Reif Oil Company, dba Iowa City Fast Break, 2580 Naples Ave. ITEM 4c(7) Class B Native Wine Permit for Van Hook Custom Homes, LLC, dba Sweets and Treats, 201 S. Clinton St., Suite 181 ITEM 4c(8) Resolution to issue Dancing Permit for Posh Hotel, LLC., dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. New ITEM 4c(9) Five Day Class C Liquor License for Iowa City Downtown District dba Iowa City Downtown District, 200 Block of Dubuque St., Black Hawk Mini Park ITEM 4d. Resolutions and Motions: ITEM 4d(1) DOWNTOWN HOLIDAY MARKET - RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA CITY 3 L13 DISTRICT SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF ALCOHOL DURING THE DOWNTOWN HOLIDAY MARKET. Comment: Section 4-5-3 of the City Code allows for the sale and consumption of alcohol in a city park, on a right-of-way, or other public ground, excluding public buildings, pursuant to written agreement. The agreement, which is attached to the resolution, allows the Iowa City Downtown District to sell alcohol in Black Hawk Mini Park on December 12 during the Downtown Holiday Market. ITEM 4d(2) MERCER PARK PLAYGROUND REPLACEMENT - RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MERCER PARK PLAYGROUND REPLACEMENT PROJECT. �,�, Comment: Bids for this project were opened on Wednesday, November 4, 2015. Staff is reviewing the bid and a recommendation for award will be presented to Council at the Co cil meetin on Tuesday, November 10'". The budget for the .Koject inc des $150, 00 in GO Bonds and $64,855 in parkland dedication fees. ITEM 4d(3) 2015 SANITARY SEWER REHABILITATION - RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2015 SANITARY SEWER REHABILITATION PROJECT. Comment: Bids for this proje b 2015. Staff will revie a bids and presented to Co it at the Council The estima cost of construction revenues. e opened on Tuesday, November 10, a recommendation for award will be meeting on Tr uesday, Nove`__ , m is $300,000 and will be fw ,r memo � CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org ITEM 4d(3) 2015 SANITARY SEWER REHABILITATION - RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO /5 -3Lf5 ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2015 SANITARY SEWER REHABILITATION PROJECT. (REVISED) Comment: Bids for this project were opened on Tuesday, November 10, 2015, and the following bids were received: Municipal Pipe Tool Hudson, IA $ 215,368.70 Hydro-Klean Des Moines, IA $ 215,946.02 Visu-Sewer Pewaukee, WI $ 256,568.35 SAK Construction O'Fallon, MO $ 305,557.25 Engineer's Estimate $ 300,000.00 Public Works and Engineering recommend award of the contract to Municipal Pipe Tool of Hudson, IA. The project will be funded with Wastewater revenues REVISED [Highlighted in yellow] ITEM 4e(8) HIERONYMUS SQUARE SITE -RESOLUTION 1) APPROVING THE COMPETITIVE CRITERIA AND PROCEDURES FOR DISPOSITION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY -UNIVERSITY PROJECT I URBAN RENEWAL AREA; 2) DETERMINING THAT THE OFFER SUBMITTED BY HSI, L.L.C. SATISFIES THE OFFERING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO ENTER INTO AN AGREEMENT FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH HSI, L.L.C. IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; 3) SETTING A PUBLIC HEARING ON THE PROPOSED CONVEYANCE; AND 4) SOLICITING COMPETING PROPOSALS. Comment: In 2013, the City entered into a purchase agreement with Hieronymus Square Associates (k/n/a HSI, L.L.C.) for the City -owned parcel of undeveloped land north of the Court Street Transportation Center. The developer intends to develop the property as part of the site identified for the University of Iowa Museum of Art, and, as such, administrative delays caused the contingency deadline to pass without satisfaction of those contingencies. Thus, the 2013 purchase agreement is no longer in effect. HSI remains committed to this project, however, and thus has submitted a new offer on this land. Because this property is located within the city -University Project I Urban Renewal Area, the City is required to seek competing proposals prior to acceptance of the offer. This resolution establishes that competitive process and indicates the City's intention to accept the HSI offer in the event that no other proposal is received or deemed to be in the public interest. The HSI offer contemplates a purchase price based upon an appraisal obtained by the City and is contingent upon the City and HSI entering into a developer's agreement and approval from the FTA. Late Additions and Handouts November 10, 2015 Agenda Page 2 of 3 Consent Calendar additions (continued) Public hearing: ITEM 4e(8) HIERONYMUS SQUARE SITE —RESOLUTION 1) APPROVING THE COMPETITIVE CRITERIA AND PROCEDURES FOR DISPOSITION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY -UNIVERSITY PROJECT I UR RENEWAL AREA; 2) DETERMINING THAT THE OFFER SUBMITTED HIS, .L.C. SATISFIES THE OFFERING REQUIREMENTS AND Q ( DEC11ARING THE INTENT OF THE CITY TO ENTER INTO AN AGRE T FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH IS {1 L.L.C. IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; 3) SETTING A PUBLIC HEARING ON THE PROPOSED / CONVEYANCE; AND 4) SOLICITING COMPETING PROPOSALS. Comment: In 2013, the Cit ered into a purchase agreement with Hieronymus Square Associates (k/n/a I.L.C.) for the City -owned parcel of undeveloped land north of the Court Street Transportation Center. The developer intends to develop the property as part of the site identified for the University of Iowa Museum of Art, and, as such, administrative delays caused the contingency deadline to pass without satisfaction of thos ntingencies. Thus, the 2013 purchase agreement is no longer in effect mains committed to this project, however, and thus has submitted a new offer on this land. Because this property is located within the city -University Project I Urban Renewal Area, the City is required to seek competing proposals prior to acceptance of the offer. This resolution es es that competitive process and indicates the City's intention to accept t ffer in the e_at no other proposal is received or deemed to be in the public interest. T e HIS quer contemplates a purchase price ba upon an appraisal obtained byte ity and is contingent upon the City anHIS entering into a developer's agreement and approval from the FTA. Late Handouts: and close of business on nday. Consent Calendar ITEM 4d(2) (REVISED) MERCER PARK PLAYGROUND REPLACEMENT • Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Mercer Park Playground Replacement Project. Comment: Bids for this project were opened on Wednesday, Novern 4, 2015, and the following bids were received: / Late Additions and Handouts November 10, 2015 Agenda Page 3 of 3 Dostal Construction Co. Jasper Construction Services Vieth Construction Corp. All American Concrete, Inc. Engineer's Estimate Gretna, NE $ 247,5000 Newton, IA $ 252,470.00 Cedar Falls, IA $ 254,000.00 West Liberty, IA $ 255,000.00 $ 200,000.00 Staff is recommending award to the low bidder, Dostal Construction at a cost of $247,500. The cost is higher than the engineer's estimate, but all bidders are close in range indicating that numbers would not likely change if the City were to rebid the project. Staff is recommending the project be funded with the $150,000 in budgeted GO Bonds, $64,855 in parkland dedication fees, and the balance o� $32,645 from the annual parkland improvement fund. / Reaular Anenda: ITEM 7 IMON COMMUNICATIONS LEASE AGREEMENT (SECURE SPACE) — See revised pages November 10, 2015 City of Iowa City Page 3 ITEM 4d(4) 2015 LANDFILL CHEMICAL STORAGE BUILDING REPLACEMENT - RESOLUTION ACCEPTING THE WORK FOR THE 2015 LANDFILL CHEMICAL STORAGE BUILDING REPLACEMENT PROJECT. Comment: The project has been completed by Selzer Werderitsch Associates of Iowa City, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. :• Project Estimated Cost: $ 100,000.00 :• Project Bid Received: $ 139,600.00 •: Project Actual Cost: $ 140,329.36 ITEM 4d(5) REPLACEMENT OF BOILERS AT THE ROBERT A. LEE RECREATION CENTER — RESOLUTION FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING THE REPLACEMENT OF BOILERS AT THE ROBERT A. LEE RECREATION CENTER. Comment: This will allow for the replacement of the boilers at the Robert A. Lee Recreation Center to be bid in an expedient and proficient manner to prevent serious loss or injury to the City and to the public. It has recently been discovered that the boilers are leaking due to cracked heat exchangers. Because the boilers are at the end of their life cycle and due to the impending cold weather, it is necessary to replace the units immediately. The professional Engineering Certification is attached to the resolution. This will allow the City Manager the ability to replace the boiler at the Robert A. Lee Recreation Center under emergency repair and replacement without holding a public hearing and advertisement for bids and the provision of the Iowa Code Chapter 26 do not apply. ITEM 4d(6) CLEAR CREEK WATERSHED AUTHORITY - RESOLUTION APPROVING THE ARTICLES OF AGREEMENT CREATING THE / S 3L/9 CLEAR CREEK WATERSHED COALITION. Comment: The Clear Creek Watershed Coalition is a Watershed Management Authority established for the Clear Creek Watershed. With approval of this agreement, Iowa City will be a member of the Coalition and this will establish 100% participation of the Political Subdivisions within the watershed. The members include Iowa County, Johnson County, Coralville, North Liberty, Oxford, Tiffin, the Iowa County Soil and Water Conservation District and the Johnson County Soil and Water Conservation District. The Clear Creek Watershed drains approximately 66,000 acres and approximately 2,000 acres are within the corporate boundary of Iowa City. November 10, 2015 City of Iowa City Page 4 ITEM 4d(7) URBAN RENEWAL AREA REPORT - RESOLUTION APPROVING THE FISCAL YEAR ENDING 2015 ANNUAL URBAN RENEWAL AREA REPORT. i5 -3Z{ Comment: The Iowa Legislature enacted changes in Urban Renewal code 384.22 (2), effective July 1, 2013 to aid in providing greater public access to information about Tax Increment Financing. All reports must be approved by City Council before submission to the Iowa Department of Management on or before December 1, 2015. The City of Iowa City has twelve Urban Renewal Areas in effect as of the most recently ended fiscal year and this report includes required reporting details on each. ITEM 4d(8) CERTIFICATION OF URBAN RENEWAL PROJECTS - RESOLUTION DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 FOR THE 2015 END OF YEAR CERTIFICATION OF URBAN RENEWAL PROJECTS. Comment: This resolution authorizes the certification of debt / obligations which qualify for reimbursement from the TIF special revenue funds created for the following Urban Renewal Areas: City -University Project I; Riverside Drive, Scott Six, and Sycamore and First Avenue. This is an annual certification due to the County Auditor by December 1, as required by state law. ITEM 4d(9) KEMP'S ADDITION — RESOLUTION APPROVING FINAL PLAT (SUB15-00025) 15-35-1 Comment: Staff recommends approval of the final plat subject to approval of legal papers and construction drawings by the City Attorney and City Engineer. It is anticipated that legal papers and construction drawings will be approved prior to the November 10 City Council meeting. Approval will allow the development of Kemp's Addition, a 1 -lot, .45 -acre commercial subdivision located at the northeast corner of Benton Street and S. Riverside Drive. ITEM 4d(10) COUNTY REZONING AMERICAN LEGION ROAD -- SENDING A LETTER RECOMMENDING APPROVAL OF A REZONING OF APPROXIMATELY 3.72 ACRES OF PROPERTY FROM COUNTY AGRICULTURE (A) TO COUNTY SINGLE FAMILY RESIDENTIAL (R) LOCATED AT 5092 AMERICAN LEGION ROAD IN THE IOWA CITY/JOHNSON COUNTY FRINGE AREA. (CZ15-00003) Comment: At their meeting on October 15, by a vote of 7-0 the Planning and Zoning Commission recommended approval of the rezoning. Rezoning will allow future subdivision of the property into two residential lots with one containing the existing house and one for a new house. November 10, 2015 City of Iowa City Page 5 ITEM 4d(11) SOLID WASTE AND RECYCLING PICKUP AND DISPOSAL SERVICES FOR THE CITY OF IOWA CITY - RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE y _ 3 AWARDING OF A CONTRACT FOR SOLID WASTE AND RECYCLING PICKUP AND DISPOSAL SERVICES FOR THE CITY OF IOWA CITY FOR A POTENTIAL FIVE YEAR TERM. Comment: Expenditures greater than $150,000 for commodities and operational services contracts require approval by the City Council. The contract for solid waste and recycling pickup and disposal services is estimated to cost over $155,000 for the duration of the five year contract. Staff believes Johnson County Refuse to be the lowest responsive, responsible bidder and recommends that the City Council approve the award of this contract for the next three years, with the possibility of renewal for two additional years. ITEM 4d(12) CREDIT CARD PROCESSING - RESOLUTION AUTHORIZING THE RENEWAL OF THE CONTRACT FOR CREDIT CARD PROCESSING Comment: In the UniverCity Neighborhood Partnership Program, the City purchases rental units located in designated neighborhoods surrounding the University, rehabilitates them, and then sells them to income -eligible buyers. Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 1316 Muscatine Avenue. The amount of the sale will be $155,000. SERVICES WITH US BANK. Comment: This resolution will approve the renewal of the credit card processing service contract with US BANK and allow the City Manager to execute one subsequent annual renewal as appropriate. The initial term of the contract will be for one year, and will cost approximately $300,000. ITEM 4e Setting Public Hearings: ITEM 4e(1) UNIVERCITY SALE, 1316 MUSCATINE AVE. - RESOLUTION SETTING PUBLIC HEARING FOR DECEMBER 15, 2015, ON A PROPOSAL TO 15-3541 CONVEY A SINGLE FAMILY HOME LOCATED AT 1316 MUSCATINE AVENUE. Comment: In the UniverCity Neighborhood Partnership Program, the City purchases rental units located in designated neighborhoods surrounding the University, rehabilitates them, and then sells them to income -eligible buyers. Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 1316 Muscatine Avenue. The amount of the sale will be $155,000. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319)356-5000 (319)356-5009 FAX www.icgov.org LATE ADDITIONS: ITEM 4d(13) SUMMER OF THE ARTS PROGRAMMING - RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM l UNDERSTANDING FOR CO-SPONSORSHIP OF SUMMER OF THE ARTS WITH THE UNIVERSITY OF IOWA. Comment: This resolution authorizes the City Manager to sign a document communicating the intention of the University of Iowa to continue to fund Summer of the Arts at $70,000 annually for five years, subject to continued City funding at $67,000 annually. Funding is subject to annual review and approval. ITEM 4d(14) HIERONYMUS SQUARE SITE - RESOLUTION TERMINATING AN ACCESS EASEMENT AND PARKING AGREEMENT INCIDENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT WITH HIERONYMUS SQUARE ASSOCIATES, L.L.C., AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN ACCESS EASEMENT AND PARKING AGREEMENT WITH IOWA CITY I HOTEL ASSOCIATES, L.L.C. FOR THE DEVELOPMENT OF CERTAIN LOTS ON BLOCK 102, IOWA CITY, IOWA, AND CONSENTING TO THE ASSIGNMENT OF SAID AGREEMENT Comment: This resolution involves multiple agreements associated with redevelopment of the block located at the southeast corner of Clinton Street and Burlington Street, commonly known as the Hieronymus Square site. Originally it was contemplated to be developed as one cohesive development. Now it is contemplated for development as three separate projects, including the University of Iowa Museum of Art, a hotel, and a mixed use facility at the Burlington and Dubuque Street intersection. This resolution terminates an access and parking agreement made obsolete by these development plan changes, approves a new access and parking agreement for the hotel use, and consents to the developer assigning its interest in the new access and parking easement agreement to its lender. November 10, 2015 City of Iowa City Page 6 ITEM 4e(2) COURT I LINN DEVELOPMENT AGREEMENT - RESOLUTION OF INTENT TO CONSIDER AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND CASL HOLDINGS, LLC., FOR TRANSFER AND DEVELOPMENT OF CITY -OWNED PROPERTY AT THE CORNER OF COURT AND LINN STREETS AND THE DEVELOPMENT THEREOF, AND SETTING A PUBLIC HEARING FOR DECEMBER 15 AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Comment: On July 27, 2015 the City entered into a Development Agreement with CASL Holdings, LLC for the sale of city property at the corner of Court and Linn Streets and development thereon of a mixed-use project consisting of 2 buildings housing a hotel, office space, retail and apartments with a construction cost of approximately $74 million. CASL Holdings has asked the City for an extension of the dates for closing, start of construction and final completion to allow it additional time to get its budget and financing in place. CASL has been working closely with the City as the project progresses and city staff recommends that the requested extensions be approved by Council This resolution sets a public hearing on the Amendment to the Development Agreement for December 15, 2015. ITEM 4e(3) REZONING CARDINAL POINTE WEST - MOTION SETTING A PUBLIC HEARING FOR DECEMBER 15 ON AN ORDINANCE REZONING 16.3 ACRES OF LAND FROM INTERIM DEVELOPMENT RESEARCH PARK (ID -RP) ZONE TO LOW DENSITY SINGLE FAMILY (RS -5) ZONE LOCATED SOUTH OF KENNEDY PARKWAY AND WEST OF CAMP CARDINAL BOULEVARD. (REZ15-00018) Comment: At their October 15 meeting, the Planning and Zoning Commission voted 7-0 to recommend approval of the rezoning. Approval will allow the development of a single family residential subdivision. ITEM 4e(4) REZONING 600 BLOCK OF S. DUBUQUE STREET - MOTION SETTING A PUBLIC HEARING FOR DECEMBER 15 ON AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.03 ACRES OF PROPERTY FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS - CENTRAL CROSSINGS (RFC - CX) ZONE LOCATED AT 602, 604, 608, 610, 614, 620, 628 SOUTH DUBUQUE STREET. (REZ15-00020) Comment: It is anticipated that the Planning and Zoning Commission will vote on and forward their recommendation for this rezoning at their meeting on November 5. In reports dated October 15 and November 5, staff recommended approval with a condition to ensure usable open space on the property upon redevelopment. Approval will allow the property to be redeveloped with a mix of commercial and residential uses according to the Riverfront Crossings form -based zoning. November 10, 2015 City of Iowa City Page 7 ITEM 4e(5) REZONING ALONG MORMON TREK BOULEVARD SOUTH OF HWY 1 - MOTION SETTING A PUBLIC HEARING FOR DECEMBER 15 ON AN ORDINANCE REZONING APPROXIMATELY 7.98 ACRES OF PROPERTY FROM COMMERCIAL OFFICE (CO -1) TO INTENSIVE COMMERCIAL (CI -1) ZONE LOCATED EAST OF MORMON TREK BOULEVARD BETWEEN GRACE DRIVE AND EAGLE VIEW DRIVE. (REZ15-00021) Comment: It is anticipated that the Planning and Zoning Commission will vote on and forward their recommendation for this rezoning at their meeting on November 5. In a report dated November 5, staff recommended approval. Approval will allow a broad range of commercial uses. ITEM 4e(6) VACATION OF AIR RIGHTS OVER ALLEYWAY — MOTION SETTING A PUBLIC HEARING FOR DECEMBER 15 ON 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 SKYWALK. (VAC15-00005) Comment: It is anticipated that the Planning and Zoning Commission will vote on and forward their recommendation for this vacation at their meeting on November 5. In a report dated November 5, staff recommended approval. Approval will allow a skywalk between the new office building located at the corner of Clinton and Harrison Streets and the future municipal parking facility. ITEM 4e(7) LIBRARY LEASE TO IOWA CITY AREA DEVELOPMENT GROUP - RESOLUTION SETTING A PUBLIC HEARING FOR DECEMBER 15, 2015, REGARDING THE INTENT TO ENTER /5`351 INTO A LEASE AGREEMENT WITH THE IOWA CITY AREA DEVELOPMENT GROUP FOR COMMERCIAL SPACE WITHIN THE IOWA CITY PUBLIC LIBRARY. Comment: This resolution sets a public hearing for December 15, 2015 for consideration of the proposed lease of the Library commercial lease space to the Iowa City Area Development Group (ICAD). This lease would be for four years, which is a length that requires a public hearing. ICAD will use the space for office purposes, as well as collaborating with the University of Iowa and the City in mentoring and fostering awv entrepreneurial efforts. ITEM 4f. Correspondence: ITEM 4f(1) Jerry Bokassa: Racism in Iowa City ITEM 4f(2) Kristin Cannon: Halloween [Staff response included] ITEM 4f(3) Caryl Lyons; Diane Henry: Comprehensive Plan Amendment ITEM 4f(4) Sally Scott: Funds for Towncrest Senior Housing ITEM 4f(5) Annie Tucker: Working with people who are upset or angry ITEM 4f(6) Alex Kramer: Homeless Shelter interview [Staff response included] ITEM 4f(7) Sheila Daniels: Pedestrian Walkway — Newton Road [Staff response included] ITEM 4f(8) Marcia Emmons: Street Lighting [Staff response included] ITEM 4f(9) Tharius Heaven: They Did Not Take The Call Late Additions and Handouts November 10, 2015 Agenda Page 2 of 3 Calendar additions (contin Public hearing: ITEM 4e(8) HIERONYMUS SQUARE SITE —RESOLUTION 1) APPROVING THE \ COMPETITIVE CRITERIA AND PROCEDURES FOR DISPOSITION OF /S- 35`l CERTAIN PROPERTY LOCATED WITHIN THE CITY -UNIVERSITY PROJECT I URRJLA"ENEWAL AREA; 2) DETERMINING THAT THE OFFER SUBMITTED B HIS L.C. SATISFIES THE OFFERING REQUIREMENTS AND D RING THE INTENT OF THE CITY TO ENTER INTO ANAGR NT FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT WIT HIS nLe L.L.C. IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; 3) SETTING A PUBLIC HEARING ON THE PROPOSED CONVEYANCE; AND 4) SOLICITING COMPETING PROPOSALS. Comment: In 2013, the Cit Bred into a purchase agreement with Hieronymus / Square Associates (k/n/ HIS .L. C.) for the City -owned parcel of undeveloped land north of the Court Street Transportation Center. The developer intends to develop the property as part of the site identified for the University of Iowa Museum of Art, and, as such, administrative delays caused the contingency deadline to pass without satisfaction of tho ntingencies. Thus, the 2013 purchase agreement is no longer in effecHIS emains committed to this project, however, and thus has submitted a new o er on this land. Because this property is located within the city -University Project I Urban Renewal Area, the City is required to seek competing proposals prior to acceptance of the offer. This resolution est9b4shes that competitive process and indicates the City's intention to accept t HI offer in the eve t no other proposal is received or deemed to be in the is interest. T ,1­11§,offer contemplates a purchase price base upon an appraisal obtained by e City and is contingent upon the City aHIS entering into a developer's agreement and approval from the FTA. Late Handouts: Information submitted between distribution of packet on Thursday and close of business on Monday. Consent Calendar ITEM 4d(2) (REVISED) MERCER PARK PLAYGROUND REPLACEMENT • Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Mercer Park Playground Replacement Project. Comment: Bids for this project were opened on Wednesday, November 4, 2015, and the following bids were received: REVISED [Highlighted in yellow] ITEM 4e(8) HIERONYMUS SQUARE SITE —RESOLUTION 1) APPROVING THE COMPETITIVE CRITERIA AND PROCEDURES FOR DISPOSITION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY -UNIVERSITY PROJECT I URBAN RENEWAL AREA; 2) DETERMINING THAT THE OFFER SUBMITTED BY HSI, L.L.C. SATISFIES THE OFFERING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO ENTER INTO AN AGREEMENT FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH HSI, L.L.C. IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; 3) SETTING A PUBLIC HEARING ON THE PROPOSED CONVEYANCE; AND 4) SOLICITING COMPETING PROPOSALS. Comment: In 2013, the City entered into a purchase agreement with Hieronymus Square Associates (k/n/a HSI, L.L.C.) for the City -owned parcel of undeveloped land north of the Court Street Transportation Center. The developer intends to develop the property as part of the site identified for the University of Iowa Museum of Art, and, as such, administrative delays caused the contingency deadline to pass without satisfaction of those contingencies. Thus, the 2013 purchase agreement is no longer in effect. HSI remains committed to this project, however, and thus has submitted a new offer on this land. Because this property is located within the city -University Project I Urban Renewal Area, the City is required to seek competing proposals prior to acceptance of the offer. This resolution establishes that competitive process and indicates the City's intention to accept the HSI offer in the event that no other proposal is received or deemed to be in the public interest. The HSI offer contemplates a purchase price based upon an appraisal obtained by the City and is contingent upon the City and HSI entering into a developer's agreement and approval from the FTA. November 10, 2015 City of Iowa City Page 8 ITEM 4f(10) Jennifer Watkins: Housing $$$ ITEM 4f(11) Jeff Wrede: Traffic Concern by Southeast ITEM 4f(12) Katherine Hall, Cathy Stange: Minimum Wage Ordinance [Staff response included] ITEM 4f(13) Garry Hauser: New Council questions [Staff response included] ITEM 4f(14) Ryan Durbin: Elections [Staff response included] ITEM 4f(15) Traffic Engineering Planner: Installation of (1) NO PARKING CORNER TO HERE sign on the southwest corner of the intersection of East Court Street and Clark Street ITEM 4f(16) Traffic Engineering Planner: Installation of (2) NO PARKING AT ANY TIME signs on the east side of George Street, from the Oaknoll skywalk to Oakcrest Street. ITEM 4f(17) Traffic Engineering Planner: Removal of parking prohibition on the east side of Stevens Drive, adjacent to 160 Southgate Avenue. n END OF CO/NS/ENT CALENDAR. Action: ^1w a,/,%k'41a-cyity ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item at the end of the meeting agenda. aJ ITEM 6. EXTENSION bF IOWA CITY DOWNTOWN SELF-SUPP RTED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) A/K/A IOWA CITY DOWNTOWN DISTRICT - ORDINANCE AMENDING TITLE 3, "FINANCE, TAXATION AND FEES" CHAPTER 7, "IOWA CITY DOWNTOWN SELF SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT" OF THE CITY CODE, TO RE- ESTABLISH THE IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND PROVIDING FOR THE ESTABLISHMENT OF AN OPERATION FUND AND THE LEVY OF AN ANNUAL TAX IN CONNECTION THEREWITH. (FIRST CONSIDERATION) Comment: The Iowa City Downtown Self -Supported Municipal Improvement District (a/k/a Iowa City Downtown District) was established by ordinance in 2011 pursuant to Chapter 386 of the Iowa Code. On September 11, 2015 a petition was filed to re-establish the District for a period of 10 years. The petition met the technical requirements of Iowa Code, was forwarded to the Planning and Zoning Commission, and the Commission's evaluative report regarding the merit and feasibility of the SSMID is included in the agenda packet. As required by Iowa Code notice of the public hearing was published and sent by certified mail to each owner of property in the SSMID District not less than 15 days before the public hearing a. PUBLIC HEARING ----- Action: b. CONSIDER AN ORDINANCE Action: `� November 10, 2015 City of Iowa City Page 9 ITEM 7. IMOA COMMUNICATIONS LEASE AGREEMENT (SECUR SPACE) — RESOLUTION APPROVING A LEASE OF SECURE SPACE LOCATED l 5 - 3CPo IN THE IOWA CITY DATA CENTER TO IMON COMMUNICATIONS, L.L.C. Comment: This resolution will approve a proposed lease agreement between the City and ImOn Communications for the rental of secure space located within the Iowa City Data Center to ImOn. a. PUBLIC HEARING Action: b. CONSIDER -yA�,RESOLUTION Action: /�(./ 0?// *i 10 ITEM 8. AGREEMENT WITH IMON COMMUNICATIONS (SHARED USE I,{ PROJECTS) - RESOLUTION AUTHORIZING THE MAYOR TO SIGN Gf" AND THE CITY CLERK TO ATTEST A MASTER AGREEMENT FOR ��_ 3411 COMMUNICATIONS, USE PROJECTS BETWEEN THE CITY AND IMON COMMUNICATIONS, LLC, AND AN AMENDMENT PROVIDING FOR THREE SHARED USE PROJECTS. Comment: This resolution will approve a master agreement negotiated by City staff and ImOn Communications, LLC to enter future agreements to share facilities, services, and maintenance responsibilities for fiber optic cable, and an amendment for the lease of excess City fiber and duct in three locations. Action: A~ P (� ITEM 9. IMON COMMUNICATIONS LICENSE AG EEMENT (FIBER OPTIC) -�qGd 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. Comment: This agreement will allow ImOn Communications, LLC to install, operate, and maintain buried conduits containing fiber optic cable within City of Iowa City public rights-of-way. The installation will be located at various locations throughout Iowa City. Action: (?a/%l z.l 172C�ua� w��� GrG'a-��u�Gvrr� Late Additions and Handouts November 10, 2015 Agenda Page 3 of 3 Dostal Construction Co. Jasper Construction Services Vieth Construction Corp. All American Concrete, Inc. Engineer's Estimate Gretna, NE $ 247,500.00 Newton, IA $ 252,470.00 Cedar Falls, IA $ 254,000.00 West Liberty, IA $ 255,000.00 $ 200,000.00 Staff is recommending award to the low bidder, Dostal Construction at a cost of $247,500. The cost is higher than the engineer's estimate, but all bidders are close in range indicating that numbers would not likely change if the City were to rebid the project. Staff is recommending the project be funded with the $150,000 in budgeted GO Bonds, $64,855 in parkland dedication fees, and the balance of $32,645 from the annual parkland improvement fund. ITEM 7 IMON COMMUNICATIONS LEASE AGREEMENT (SECURE SPACE) — See revised pages November 10, 2015 City of Iowa City Page 10 ITEM 10. 1504 YEWELL STREET - RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 1504 YEWELL STREET, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. i5 -3�3 ITEM 11 1s-3(oY ITEM 12. Comment: The property at 1504 Yewell Street has been a nuisance since 2012. It contains a single-family home, which has been vacant for over three years. The City has sent the owner notices and issued a municipal citation, but the owner has failed to address the dilapidated and dangerous condition of the home. A magistrate has found the property to be a nuisance in violation of City Code. Staff would like to acquire the property in order to abate the public nuisance. / Action:��/ //Gfn>� Qot& WAGE THEFT DISQUALIFICATION FOR CITY BUSINESS - RESOLUTION DISQUALIFYING PERSONS WHO HAVE ADMITTED GUILT OR LIABILITY OR BEEN ADJUDICATED GUILTY OR LIABLE IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING OF COMMITTING A REPEATED OR WILLFUL VIOLATION OF THE IOWA WAGE PAYMENT COLLECTION LAW, THE IOWA MINIMUM WAGE ACT, THE FEDERAL FAIR LABOR STANDARDS ACT OR COMPARABLE STATE STATUTES OR LOCAL ORDINANCES FROM ENTERING INTO CONTRACTS WITH THE CITY AND FROM RECEIVING ANY DISCRETIONARY ECONOMIC DEVELOPMENT ASSISTANCE. Comment: As directed by the City Council this resolution is patterned after legislation in Cook County and will disqualify persons who have been found guilty or liable for wage theft in the last 5 years from entering into contracts in excess of $25,000 with the City or receiving any economic development assistance from the City. �.rL�i�liYl✓_ Action: SNOW EMERGENCY PARKING FEE CHANGE- ORDINANCE AMENDING TITLE 3, "FINANCES, TAXATION, AND FEES", CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES", SECTION 8, "PARKING VIOLATIONS", TO ADD A $50 PENALTY FOR SNOW EMERGENCY PARKING VIOLATION. (SECOND CONSIDERATION) Comment: This ordinance will amend the fine for violation of the snow emergency parking ordinance from $15.00 to $50.00. On November 7, 2009 a separate higher fine amount for this violation of parking where prohibited or restricted during a snow emergency was created. The $50.00 fine was set at that time. However, the fine was inadvertently removed from the fee structure in 2013, leaving a default fine of $15. This amendment will reestablish the earlier approved fee and assist in the effort to encourage better compliance with the parking regulations during a snow emergency so snow and ice can be removed efficiently andel promptly from City streets. Staff requests expedited action. I/— Action: � {4/� Q> U%�� O Yn � pa,� Paas �v November 10, 2015 City of Iowa City Page 11 ITEM 13. HOUSING CODE - ORDINANCE AMENDING TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED "HOUSING CODE," TO SUPPORT �i NEIGHBORHOOD STABILIZATION BY PROHIBITING FURNITURE ON �S- fta0 ROOFS, ADDING STANDARDS FOR EXTERIOR BUILDING AND FENCE SURFACES, REQUIRING SCREENING OF DUMPSTERS ON MULTI -FAMILY DWELLINGS AND UNDER CERTAIN DECKS/PORCHES, LIMITING THE STORAGE OF LANDSCAPING/CONSTRUCTION MATERIAL, AND REQUIRING GFCI PROTECTED OUTLETS AND CARBON MONOXIDE DETECTORS. (PASS AND ADOPT) Comment: At the August 18 work session, staff discussed proposed changes to the Housing Code as part of the City's ongoing efforts to stabilize neighborhoods. As directed by Council, this ordinance amends the Code in the following ways: a) prohibits storing and use of furniture on roofs and other surfaces above 30 inches without guard rails; b) establishes standards for treatment of exterior surfaces of buildings, fences, and retaining walls; c) requires areas beneath decks and porches in Historic and Conservation Districts to be screened; d) requires screening of dumpsters on existing multi -family sites; and d) limits the storage of landscaping and construction material to areas not visible from the street. Additionally, this ordinance requires GFCI protected outlets and carbon monoxide detectors in all dwelling units. Note that the Housing Code applies to owner -occupied and rental housing. Correspondence included in Council packet. Action: Dk j 4 w 0 �uR ITEM 14. HUMAN RIGHTS ORDINANCE AMENDMENT - ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," TO ALIGN WITH THE FAIR HOUSING ACT AND TO UPDATE AND CLARIFY ITS GENERAL PROVISIONS. (FIRST CONSIDERATION) Comment: The Human Rights Ordinance has been amended to align its provisions with the federal Fair Housing Act (FHA). Because the Ordinance was being updated, other provisions have also been amended to organize and clarify the entire Ordinance. Substantive changes are: 1) Chapter 5 has been incorporated into the general provisions of the Ordinance to avoid confusion regarding applicable enforcement provisions, 2) the word 'citizen' has been replaced with 'individual,' 3) the definition of 'person' has been updated, 4) the definition 'housing accommodation' has been removed, as it served no present purpose, and 5) the imperative 'shall' has been changed to 'may' in § 2-4-12 to prevent the City from being forced to commence and maintain a civil suit that may not be considered litigation worthy. The Human Rights Commission discussed this at its October 201h meeting andrecommendsthat the amendments be adopted. Action:D/.L�x2i November 10, 2015 City of Iowa City Page 12 ITEM 15. TAXICAB AMENDMENT - ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," SECTION 3, ENTITLED "ACCESSIBILITY OF RECORDS," AND SECTION 6, ENTITLED "DECALS" TO DELETE A DUPLICATIVE PROVISION AND CLARIFY THE NEED FOR A WARRANT TO ACCESS BUSINESS OFFICES. (FIRST CONSIDERATION) Comment: Following a major overhaul of the taxicab ordinance last winter, it was discovered that Section 5-2-6H of the City Code is contained verbatim in Section 5-2-6F. Additionally, the U.S. Supreme Court issued an opinion in June in City of Los Angeles v. Patel ruling that search warrants were required before law enforcement could access hotel registrations. Currently the Code provides that business offices are subject to inspection "upon notice," a requirement based on the need for records during a police investigation. In practice, if the Police Dept. had been denied voluntary access to an office, a warrant would have been sought. With that said, Section 5-2-361 provides the taxicab business is subject to inspection without notice, and it should be amended in light of the Supreme Court case. This ordinance deletes both the duplicative provision and the provision on inspection without notice. Action: Q e/ / �'e '//P ITEM 16. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. ITEM 16a Airport Zoning Brd of Adjustment — One vacancy to fill a five-year term January 1, 2016 - December 31, 2020. (Term expires for Keith Ruff). Action Appeals Board of — One vacancy to fill a five-year term January 1, 2016 - December 31, 2020. For a Licensed Electrician or qualified by experience and training. (Term expires for John Forman Gay). Action: ITEM 16c Human Rights Commission — Three vacancies to fill three-year terms, January 1, 2016 — January 1, 2019. (Term expires for Edie Pierce -Thomas, Joe Coulter, Harry Olmstead). Ice_ ,://� Action .4 o_ oQ- ,dor7,�,� .Pee ✓' l Wil«, IPAI Id. T"' A-1!� ITEM 16d Parks and Recreation Commission — Two vacancies to fill four- year terms, January 1, 2016 — January 1, 2020. (Term expired for Joe Younker and Cara Haman)..�C—j� Action: <2^9 a/�u� Ca? Li1/�RMr� nnz /6'/�'9�Z ITEM 16e Public Art Advisory Committee — One vacancy to fill a three-year term, January 1, 2016 — January 1, 2019. (Term expires for Tam Bodkin Bryk). i /� November 10, 2015 City of Iowa City Page 13 ITEM 16f Senior Center Commission — Two vacancies to fill three-year terms, January 1, 2016 — December 31, 2019. (Term expires for Charles Felling, Kathy Mitchell) A third vacancy is for an at -large member, who is an eligible elector lf Johnson County Iowa but not a resident of the City of Iowa City, nd will e bappointed by majority vote of the six City Council appointees to the Commission. (Margaret Reese). Action:. %%i/f �� %tea lApylo ITEM 17. ANNOUNCEMENT OF VACANCIES. Applicants MUSTre idowa City and /510 be 18 years of age unless specific qualifications are stated. [Staff will not publish -4, 150 additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Previous: ITEM 17a Airport Zoning Brd. of Adiustment — One vacancy to fill a five- year term January 1, 2014 — December 31, 2018. (Formerly advertised; Full term) ITEM 17b Appeals, Board of — One vacancy to fill an unexpired five-year term January 1, 2014 - December 31, 2018. For a HVAC or building design professional or qualified by experience and training. (Unexpired term) ITEM 17c Historic Preservation Commission — One vacancy for a Jefferson St. representative to fill three-year terms, March 29, 2013 — March 29, 2016. (New District formed) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, December 9, 2015. New: ITEM 17d Housing and Community Development Commission — One vacancy to fill an unexpired term — September 1, 2017. (Angel Taylor resigned) Correspondence included in Council packet. ITEM 17e Housing and Community Development Commission — One vacancy to fill an unexpired term — September 1, 2018. (Mark Signs resigned) Correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, December 30, 2015. ITEM 18. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). November 10, 2015 City of Iowa City Page 14 ITEM 19. CITY COUNCIL INFORMATION. ITEM 20. REPORT ON ITEMS FROM CITY STAFF: a) City Manager. b) City Attorney. — O c) City Clerk. a ITEM 21. ADJOURN (to work session if needed).