Iowa City
City Council - Formal Agenda
Regular Formal Meeting
September 5, 2023 - 6:00 PM
410 E. Washington St.
Iowa City, IA 52240
www.icgov.org

1. Class C Retail Alcohol License for Iowa Ave. Hospitality, LLC, dba Scouts Honor, 219 Iowa Ave.
2. Class C Retail Alcohol License for Iowa Ave. Hospitality, LLC, dba Camp, 217 Iowa Ave.

1. Class C Retail Alcohol License for Restaurante Mexicano El Senor Cactus Inc., dba El Senor Cactus, 1534 S. Gilbert St.
2. Class B Retail Alcohol License for Hy-Vee, Inc., dba Hy-Vee Fast & Fresh #1, 260 Stevens Dr.
3. Class C Retail Alcohol License for FilmScene, dba FilmScene, 404 E. College St.
4. Outdoor Service Area for FilmScene, dba FilmScene, 404 E. College St.
5. Special Class C Retail Alcohol License for Prairie Lights Books, Inc., dba Times Club at Prairie Lights, 15 S. Dubuque St.
6. Class C Retail Alcohol License for Green Bar, LLC, dba The Green House, 505 E. Washington St.
7. Class C Retail Alcohol License for Caffrey, Inc., dba DC's, 124 S. Dubuque St.
8. Class C Retail Alcohol License for Mexico Wayne's LLC, dba Short's Burgers-Eastside, 521 Westbury Dr.
9. Outdoor Service Area for Mexico Wayne's LLC, dba Short's Burgers-Eastside, 521 Westbury Dr.
10. Class C Retail Alcohol License for Short's Burger & Shine LLC, dba Short's Burger and Shine, 18 S Clinton St.
11. Class C Retail Alcohol License for McQuiggan's on 1 LLC, dba Hudson's South Side Tap, Highway 1 West, Suite 482
12. Outdoor Service Area for McQuiggan's on 1 LLC, dba Hudson's South Side Tap, Highway 1 West, Suite 482

Motion to approve disbursements in the amount of $18,328,990.83 for the period of July 1 through July 31, 2023, as recommended by the Finance Director subject to audit. Disbursements are published and permanently retained in the City Clerk’s office in accordance with State Code.

Resolution amending the budgeted positions in the Engineering Division of the Public Works Department and the Confidential, Administrative, and Executive pay plan by adding one full-time Senior Facilities Design and Construction Manager position, grade 29.

This resolution will approve the addition of one permanent full-time Senior Facilities Design and Construction Manager position. The City’s Capital Improvements Program (CIP) includes significant building construction and rehabilitation projects, such as the Equipment maintenance and Transit maintenance and storage facilities. Staff has evaluated the ongoing needs of the Engineering Division and determined the addition of a Senior Facilities Design and Construction Manager position is essential to manage anticipated workload.

Resolution authorizing the City Manager to sign an agreement with The Housing Fellowship to construct a single-family home at 724 Ronalds Street for affordable housing.

The Housing Fellowship intends to construct a single family home at 724 Ronalds Street through a partnership with the Iowa City Community School District's Student Built House Program and the Home Builders Association, Vocational Training Council. The home will be used for affordable rental housing upon completion. The Housing Fellowship requests $200,000 of Affordable Housing Opportunity Funds to assist with construction costs. Correspondence included in Council packet.

Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Mercer Park and City Park Court Renovation Project.

Bids for this project were received on Tuesday, August 22, 2023 and the following bids were received:

Public Works and Engineering recommend awarding the contract to McComas-Lacina Construction of Iowa City, Iowa.  Funding is available through account #’s R4374 – Mercer Park Ball Diamond Improvements and R4391 – Tennis Court Renovations.

Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the North First Avenue Improvements Project.

Bids for this project were received on Tuesday, August 22, 2023 and the following bid was received: 

Public Works and Engineering recommend awarding the contract to Streb Construction of Iowa City, Iowa.  Funding is available through Account #S3824 – Annual Pavement Rehabilitation.

Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2023 Equipment Shop Roof Replacement Project.

Bids for this project were received on Wednesday, August 30, 2023 and the following bids were received:

Public Works and Engineering recommend awarding the contract to Advance Builders Corp. of Cedar Rapids, Iowa.  Funding is available through account # P3990 and to be determined insurance proceeds.

Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Wastewater Roof Improvements Project.

Bids for this project were received on Wednesday, August 30, 2023 and the following bids were received:

Public Works and Engineering recommend awarding the contract to Cedar Service Company of Cedar Rapids, Iowa.  Funding is available through account #V3170– WWTP Roof Replacements.

Resolution authorizing the City Manager to sign a Memorandum of Understanding with the Housing Trust Fund of Johnson County, Inc. for the contribution and use of $500,000 for affordable housing. 

This resolution provides the Housing Trust Fund of Johnson County with $500,000 for affordable housing.  The Memorandum of Understanding attached to the resolution requires that all funds be used to serve households under 80% of median income, the units must be located in Iowa City and the project must support the City's goal to encourage affordable housing throughout all neighborhoods in Iowa City. 

Resolution authorizing the City Manager to sign a memorandum of understanding with the Housing Trust Fund of Johnson County for the contribution and use of $200,000 for Low Income Housing Tax Credit projects.  

This resolution approves a Memorandum of Understanding with the Housing Trust Fund of Johnson County to award $200,000 to the Trust Fund for eligible Low Income Housing Tax Credit (LIHTC) projects. Eligible projects must serve households at or below 60% of median income. The Memorandum of Understanding authorizes funds to be paid to the Housing Trust Fund upon notification of a LIHTC award through the Iowa Finance Authority for an approved project. 

Resolution approving a process to allow select City owned properties to be eligible for the Bow Hunt Program.

This resolution amends the Bow Hunt Program Rules to allow hunting on select City owned properties and outlines a process for notifying the public and City Council of such properties.

Resolution Approving Final Plat of Melrose Commercial Park, a Resubdivision of Lots 1 and 2 of IWV Commercial Park, Iowa City, Iowa. (SUB23-0003)

Staff recommends approval of the final plat subject to approval of the construction drawings by Public Works and the legal papers by the City Attorney’s Office. It is anticipated that the construction drawings and legal papers will be approved prior to the September 5 City Council meeting. Approval will result in the creation of eight commercial lots at the intersection of Melrose Avenue and Slothower Road.  

Resolution Approving Final Plat of Timber Valley Run Subdivision, a Resubdivision of Lot 2 of Press-Citizen Addition, Iowa City, Iowa. (SUB23-0004)

The City Council approved the rezoning of Timber Valley Run on March 21, 2023. Staff recommends approval of the final plat, a resubdivision of Lot 2 of Press-Citizen Addition subject to approval of the 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 September 5 City Council meeting. Approval will result in the creation of 2 commercial lots and 9 residential lots for the potential creation of an eating establishment, a mixed use building, and 9 attached single family units. 

Resolution authorizing the procurement of lighting for Mercer Ball Park Field #1.

This resolution will authorize the procurement and installation of energy-efficient LED luminaires, wiring, and controls at Mercer Baseball Field #1 for the Parks and Recreation Department. Staff recommends the contract be awarded to Musco Lighting. This purchase exceeds the $150,000 spending authority of the City Manager, thereby requiring Council approval. The City expects to expend approximately $253,989.00 on this contract. 

Motion setting a public hearing for September 19, 2023 to consider an ordinance amending Title 14, Zoning Code, to improve housing choice, increase housing supply, and encourage housing affordability. (REZ23-0001)

At its August 2 meeting, the Planning and Zoning Commission recommended approval of REZ23-0001 by a vote of 5-0 with the exception of the proposed amendments related to accessory apartments, which they voted to defer. The proposed amendments would increase flexibility for a range of housing types to facilitate diverse housing choices, modify design standards to reduce the cost of construction while creating attractive and pedestrian-friendly neighborhoods, and provide additional flexibility through dimensional standards to enhance the supply of housing. The proposed amendments also create regulatory incentives for affordable housing to encourage income-restricted units throughout the community and address fair housing concerns to help support a range of living situations and advance the City’s equity and inclusion goals.  Correspondence included in Council packet.

Motion setting a public hearing for September 19, 2023 to consider an ordinance rezoning property located at 715 N Dodge Street from Medium Density Single-Family Residential with a Historic District Overlay (OHD/RS-8) to OHD/RS-8 in order to designate the property as an Iowa City Historic Landmark. (REZ23-0006)

At its meeting on August 16, the Planning and Zoning Commission recommended approval of REZ23-0006 by a vote of 7-0. The rezoning recognizes the property as an Iowa City Historic Landmark. The property at 715 N Dodge Street was the original location of the Emma Goldman Clinic, which is celebrating 50 years of providing healthcare to women this month. 

Resolution setting a public hearing for September 19, 2023 on an ordinance amending Title 3, entitled "Finance, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, of the City Code to increase or change charges and fees.

Title 3, Chapter 4 amendments include updating Section 4 "Wastewater Treatment Works User Charges" and Section 5 "Solid Waste Disposal" to match the language in Section 3 "Potable Water Use and Service" on the 10 percent delinquency charge that was approved in October 2020.  It was inadvertently missed in Sections 4 & 5.  It also includes amending Section 5 to increase the amount of pounds to 600 for the minimum fee in lieu of tonnage fee.

Resolution setting a public hearing on September 19, 2023 on amending the Fiscal Year 2024 Operating Budget.

This resolution sets a public hearing on September 19, 2023 to amend the FY24 operating budget. Information will be available for public inspection on September 8, 2023.

Ordinance conditionally rezoning approximately 1.63 acres of land located at 614, 622, and 630 Orchard Court from Low Density Single-Family Residential with a Planned Development Overlay (OPD/RS-5) to Riverfront Crossing – Orchard (RFC-O). (REZ23-0004) (Second Consideration)

On July 19, 2023, the Planning and Zoning Commission recommended approval of REZ23-0004 by a vote of 5-0 subject to conditions related to construction of sidewalks, traffic signalization of the Orchard St. and W. Benton Street intersection, and reconstruction of Orchard St. north of W. Benton St. Approval would allow the redevelopment of the area in conformance with the Riverfront Crossings form-based code. Applicant is requesting expedited action.  Correspondence included in Council packet.

Resolution approving project manual and estimate of cost for the construction of the 2023 City of Iowa City Parking Garages Maintenance and Repair Mechanical Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids.

The project generally includes stair tower HVAC improvements and associated electrical equipment at the Tower Place, Chauncey Swan, and Court Street parking ramps and Infrared scanning of electrical equipment at the Harrison Street parking ramp. The estimated cost for this project is $145,000 and will be funded Parking Facility Restoration Repair account #T3004.

1. Public Hearing
2. Consider a Resolution

Resolution approving project manual and estimate of cost for the construction of the 2023 City of Iowa City Parking Garages Maintenance and Repair Structural Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids.

The project generally includes structural repair and protection improvements at the Dubuque Street and Tower Place Parking Ramps. The estimated cost for this project is $125,000 and will be funded Parking Facility Restoration Repair account #T3004.

1. Public Hearing 
2. Consider a Resolution

Resolution approving project manual and estimate of cost for the construction of the Gilbert Street Bridge Replacement Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids.

This project generally includes the replacement of the Gilbert Street bridge over Ralston Creek, sidewalk, streambank stabilization, storm sewer and water main improvements and other aesthetic improvements.  The estimated construction cost is $3,200,000 and funds are available in account #S3956 – Gilbert Street Bridge Replacement.

1. Public Hearing
2. Consider a Resolution

Ordinance amending Title 2, entitled “Human Rights,” Chapter 1, entitled “General Provisions,” to eliminate the prohibition on landlords discriminating against Housing Choice Voucher (aka, Section 8) holders. (Second Consideration) 

The City Code prohibits landlords from refusing to lease to tenants who have Housing Choice Vouchers (aka, Section 8).  As of Jan. 1, 2023, this provision is unenforceable due to a 2021 state law that preempts local governments from prohibiting landlords from refusing to lease a unit to a person with a voucher.  The ordinance removes the City Code provision prohibiting landlords from discriminating against tenants with vouchers. [Deferred from January 10, 2023]

Ordinance amending Title 18, entitled "Site Plan Review," Chapter 2, entitled "Procedures and Submittal Requirements," to extend the time a site plan remains valid. (Second Consideration)

This amendment allows additional time before an approved site plan expires.  Currently, if a building permit is not issued within one year of an approved site plan, the applicant must reapply.  The amendment extends the time a site plan is valid from one year to three years. After three years, the applicant must reapply and would be subject to any development standard(s) adopted since the original site plan approval.  Staff is requesting expedited action.

Ordinance amending Title 8, Entitled "Police Regulations," Chapter 5, Entitled "Miscellaneous Offenses," to specify the criminal penalty for disorderly house violations. (Pass and Adopt)

Comment: This proposed ordinance amendment changes the criminal penalty for a simple misdemeanor ordinance violation of disorderly house from an unscheduled fine to a scheduled fine.  Scheduling the fine will require an unsecured appearance bond be provided by the defendant, so that if the defendant fails to appear for trial, judgment may be entered on the bond.  The matter can then be concluded on the the date set for trial instead of having a warrant issued and trial reset.  The fine will increase for the first, second, and third offense.

Ordinance Amending Title 3, Finances, Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 8, Parking to add a new fee for electric vehicle charging. (Pass and Adopt)

This ordinance would add a new fee of $.16 per kilowatt hour for electric vehicle charging in public parking facilities. It is intended to reimburse the City for the cost of providing the electric vehicle charging, which includes the cost of electricity, the cost of the platform to facilitate the charging session and the state's excise tax on electric fuel. 

Resolution authorizing staff to proceed to public input and design development for replacement of City Park Pool. 

The City Park Pool Project is a priority in the 2022 Recreation Program and Facilities Master Plan.  Resolution No. 23-187 approved a consultant agreement with Williams Associates Architects, Ltd. to provide consulting services for City Park Pool consisting of two phases entitled “Facility Condition Assessment Phase” and “Conceptual Design Phase”.  The “Facility Condition Assessment Phase” has concluded. The condition and assessment report recommends replacement of the swimming pool and bath house. This resolution authorizes completion of the “Conceptual Design Phase” including public engagement and conceptual design services. 

Resolution adopting an assessment schedule for court ordered fencing at 91 Commercial Drive and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes.

In 2020 the Court ordered the owner of 91 Commercial Dr. to install a solid wood fence to screen its industrial use from the adjacent residential use as required by the Zoning Code.  When the owner failed to do so, the Court authorized the City to do so and assess the cost against the property.  The City installed a fence at a cost of approximately $18,500.  The owner offered to make monthly payments of $500 if the City would not assess the property and staff agreed.  The owner made monthly payments until March 2023 and has not responded to staff's inquiry regarding the delinquent payments.  This resolution assesses the remaining amount due, which is $2,440.08.

Community Police Review Board - One vacancy to fill an unexpired term, upon appointment - June 30, 2026.  (Stuart Vander Vegte resigned)

Human Rights Commission - One vacancy to fill an unexpired term, upon appointment - December 31, 2025. (Suyun Channon resigned). Correspondence included in Council packet.

Applications must be received by 5:00 P.M., Tuesday, October 10, 2023.

Climate Action Commission - One vacancy to fill an unexpired term, upon appointment - December 31, 2025. (Elizabeth Fitzsimmons resigned)

Applications must be received by 5:00 P.M., Tuesday, September 26, 2023.

Housing & Community Development Commission - One vacancy to fill an unexpired term, upon appointment - June 30, 2025 (Jennifer Haylett resigned).   

Parks & Recreation Commission - One vacancy to fill an unexpired term, upon appointment - December 31, 2023 (Doloris Mixon resigned).  

Applications must be received by 5:00 P.M., Tuesday, September 12, 2023.  

Historic Preservation Commission (E. College St.) - One vacancy to fill an unexpired term, upon appointment - June 30, 2024. (Cole Eckhardt Resigned)      

Historic Preservation Commission (Jefferson St.) - One vacancy to fill a three-year term, July 1, 2022 - June 30, 2025 (formerly advertised as unexpired term -- Lyndi Kiple resigned).      

Historic Preservation Commission (Woodlawn Ave.) - One vacancy to fill an unexpired term, upon appointment - June 30, 2024. (Kevin Larson resigned)  

Vacancies will remain open until filled.