Iowa City
City Council - Formal Agenda
Regular Formal Meeting
August 1, 2023 - 6:00 PM
Emma J. Harvat Hall
410 E. Washington St.

www.icgov.org

1. Special Class B Retail Native Wine License for ND Express, Inc., dba J & S Express, 2221 Rochester Ave.
2. Class C Retail Alcohol License for Jaxco, LLC.,dba BlackStone, 503 Westbury Dr.
3. Outdoor Service Area for Jaxco, LLC, dba BlackStone, 503 Westbury Dr.
4. Class C Retail Alcohol License for AKA White, Inc., dba The Summit Restaurant and Bar, 10 S. Clinton St.
5. Class C Retail Alcohol License for Chackalackal Inc., dba One Twenty Six, 126 E. Washington St.
6. Class C Retail Alcohol License for George's Buffet, Inc., dba George's Buffet, 312 E. Market St.
7. Outdoor Service Area for George's Buffet, Inc., dba George's Buffet, 312 E. Market St.

Motion to approve disbursements in the amount of $17,275,819.17 for the period of June 1 through June 30, 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 accepting the work for the Mercer Aquatic Center Pool Dehumidification System Improvements Project.

The project has been completed by Universal Climate Control of Coralville, Iowa, in substantial accordance with the project manual.  The Engineer’s Report and Performance and Payment bonds are on file with the City Clerk.

• Project Estimated Cost:    $    440,000.00
• Project Bid Received  :     $    621,433.00
• Project Actual Cost:          $    645,590.16

Resolution authorizing the procurement of one (1) new aerial bucket truck.

This Resolution will approve the procurement of one (1) new Altec aerial bucket truck for Traffic Engineering Operations. Sourcewell cooperative contract 110421-ALT will be utilized for this procurement. Total purchase price is $236,177 which exceeds the $150,000 spending authority of the City Manager, and so requires Council approval.

Resolution authorizing the Mayor to sign and the City Clerk to attest the 28E Agreement between the City of Iowa City and Johnson County for the contracting of paratransit service within the corporate limits of Iowa City. 

This resolution approves the 28E agreement for Iowa City to contract with Johnson County for paratransit services within the corporate limits of Iowa City for FY2024 through FY 2028.

Resolution authorizing the City Manager to sign a one-year extension of the listing agreement with Lepic-Kroeger Realtors for the Iowa City Industrial Campus.

The Industrial Campus (f/ka/a 420th Street Industrial Park) is a 173-acre shovel-ready industrial use site. In 2015, the City entered into a one-year listing/marketing agreement with Lepic-Kroeger Realtors.  The designated broker is Jeff Edberg, and the sales commission is 6% of the final sale price.  The agreement has been amended to extend the term for one year at a time since then, and this resolution approves another one-year extension of the agreement to July 15, 2024.  The resolution also authorizes the City Manager to sign future extensions.

Resolution accepting payment of $300.00 civil penalty and waiver of right to hearing from Casey’s #4367

This Resolution accepts a waiver of right to hearing and payment of a $300.00 civil penalty by Casey's #4367.  The civil penalty is required by Iowa Code Section 453A.22(2) due to a first instance of an employee selling or providing tobacco to a minor within a two-year period.

Resolution rejecting bids received July 18, 2023 for the 2023 City of Iowa City Parking Garage Maintenance and Repair Project.

Bids for this project were received on Tuesday, July 18, 2023 and the following bid was received:

Western Specialty Contractors    West Des Moines, IA    $ 298,032.00
Engineer's Estimate                                                          $ 185,000.00

Public Works and Engineering recommend rejecting the bid and re-bidding the project at a future date to be determined.  Funding is available in the Parking Facility Restoration Repair account #T3004.

Resolution accepting the work for the First Avenue and Scott Boulevard Intersection Improvements Project.

The project has been completed by All American Concrete of West Liberty, Iowa, in substantial accordance with the project manual.  The Engineer’s Report and Performance and Payment bonds are on file with the City Clerk.

• Project Estimated Cost:    $    1,700,000.00
• Project Bid Received:       $    1,489,158.25
• Project Actual Cost:          $    1,629,756.04

Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Strand Associates, Inc. to provide engineering consultant services for the Water Storage Study.

Strand Associates, Inc. has been selected based on qualifications to provide engineering and design services for the Water Storage Study, which includes evaluation of new water storage devices and their ability to satisfy water system demands from new developments. This agenda item approves the consultant agreement with a not-to-exceed fee of $129,000 available in the Water Storage Account #W3331.

Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Strand Associates, Inc. to provide engineering consultant services for the Water Treatment Technology Study.

Strand Associates, Inc. has been selected based on qualifications to provide engineering services for the Water Treatment Technology Study, which includes the study of dissolved nutrient removal, sustainability of lime softening, and filter system valving and build-out based on study results. This agenda item approves the consultant agreement with a not-to-exceed fee of $170,000 available in the Treatment Technology Study Project Account #W3321 and the Collector Well No. 2 Cleaning and Upgrade Account #W3322.

Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Shive-Hattery, Inc., of Iowa City, Iowa to provide consulting services for the Mercer Aquatic Center and Scanlon Gymnasium Roof Replacement Project.

This agenda item authorizes an agreement to provide consulting services for the Mercer Aquatic Center and Scanlon Gymnasium Roof Replacement Project. The total cost of the services is $61,500 and funds are available in the Recreation Center Improvements Account #R4351.

Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Shive-Hattery, Inc., of Iowa City, Iowa to provide consulting services for the City Hall and Robert A. Lee Recreation Center Roof Replacement Project.

This agenda item authorizes an agreement to provide consulting services for the City Hall and Robert A. Lee Recreation Center Roof Replacement Project. The total cost of the services is $96,500 and funds are available in account #R4129.

Resolution accepting the work for the trail improvements for Stone Bridge Estates – Part Seven, and declaring public improvements open for public access and use.

This item will accept the trail constructed within Outlot F in Stone Bridge Estates – Part Seven.

Motion setting a public hearing for August 15, 2023 on an 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)

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.

Resolution setting a public hearing on August 15, 2023 on project manual and estimate of cost for the construction of the 2023 Equipment Shop Roof Replacement Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection.

This agenda item begins the bidding process for the construction of the 2023 Equipment Shop Roof Replacement Project.  The project involves replacing the roof that was damaged during a high wind event on March 31, 2023.  The estimated cost of construction is $560,000 and funds are available in the Equipment Building Roof Replacement account #P3990 and to be determined insurance proceeds.

Resolution setting a public hearing on August 15, 2023 on project manual and estimate of cost for the construction of the Wastewater Roof Improvements Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection.

This agenda item begins the bidding process for the construction of the 2023 Wastewater Roof Improvements Project.  This project will assist the Wastewater Division with maximizing the life of the roofing systems on all buildings at the Wastewater Treatment Facility and stormwater and sanitary lift stations throughout the city. The estimated cost of construction is $335,000 and funds are available in the WWTP Roof Replacements account #V3170.

Resolution setting a public hearing on August 15, 2023 on the project manual and estimate of cost for the construction of the Sturgis Ferry Park Improvements and Southside Recycling Center Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection.

The project generally includes the construction of new park amenities, including a park pavilion, paved access and parking lot, and recycling facilities at Sturgis Ferry Park.  The estimated project cost is $790,000 and will be funded by General Obligation Bonds and the General Fund.

Resolution approving project manual and estimate of cost for the construction of the Mercer Park and City Park Court Renovation 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 removal and replacement of playing surfaces, drainage updates, removal and replacement of fencing, and the addition of a hitting wall at Mercer Park, as well as resurfacing, replacement of fencing, and the addition of hitting practice walls at City Park.  The estimated construction cost is $963,000 and will be funded through account #’s R4374 – Mercer Park Ball Diamond Improvements and R4391 – Tennis Court Renovations.

1. Public Hearing

2. Consider a Resolution

Resolution approving project manual and estimate of cost for the construction of the North First Avenue Improvements 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 includes complete roadway reconstruction between Stuart Court and Hickory Trail. The estimated construction cost is $475,000 available in the Annual Pavement Rehabilitation Account #S3824.

1.  Public Hearing

2.  Consider a Resolution

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

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. (First Consideration)

This ordinance would add a new fee of $.016 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. 

Ordinance to Adopt the Code of Ordinances of the City of Iowa City, Iowa, 2023, aka "The City Code." (Second Consideration)

Pursuant to State Code the City must adopt a code of ordinances every five years.  This ordinance adopts the City Code, 2023. Staff is requesting expedited action.

Resolution approving Amendment No. 17 to the City University Project 1 Urban Renewal Plan to add a project to the Urban Renewal Area.

The proposed Amendment #17 to the City-University Project 1 Urban Renewal Plan has been prepared in alignment with goals and objectives for urban renewal in the area and includes a new urban renewal project to be considered separately by Council. The required consultation with the other taxing entities in the county was held June 30.

Resolution assessing $1500.00 civil penalty and thirty-day retail cigarette permit suspension against Hawkeye Smoke and Liquor.

Iowa Code Section 453A.22(2) provides that, after a hearing, a civil penalty shall be assessed when an employee of a retailer violates Iowa Code Section 453A.2(1) by selling or providing tobacco, tobacco products, or cigarettes to a minor.   This hearing is the time designated for the Council to consider whether to assess such a civil penalty against Hawkeye Smoke and Liquor, 108 E. College St.  The civil penalty for a third violation within a three-year period is $1500.00 and a thirty-day retail cigarette permit suspension.

Ad Hoc Truth & Reconciliation Commission - Two vacancies to fill an unexpired term, upon appointment date to December 31, 2024. (Mohamed Traore and Kevo Rivera resigned).

Parks & Recreation Commission - One vacancy to fill an unexpired term, upon appointment - December 31, 2023. (Pending vacancy for Boniface Penandjo Lemoupa). 

Planning and Zoning Commission - One vacancy to fill an unexpired term, upon appointment - July 30, 2026. (Michael Marut resigned)

Library Board of Trustees - Consider a recommendation from Johnson County Board of Supervisors to reappoint Robin Paetzold as the County representative, July 1, 2023 - June 30, 2029.  (Term expired for Robin Paetzold) See correspondence included in Council Packet. 

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

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

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

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

Applications must be received by 5:00 P.M., Tuesday, August 29, 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.