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HomeMy WebLinkAbout2014-09-16 ResolutionNOTICE TO BIDDERS NORMANDY DRIVE RESTORATION PROJECT, PHASE III Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 10th of September, 2014. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 16`h of September, 2014, or at special meeting called for that purpose. The Project will involve the following: Excavate and install 1,153 SY Porous HMA Pavement, 1,490 SY of Modified Granular SubBase & Structural Fabric, 1,490 SY Stone Recharge Bed at 9" depth, 350 SY Granular SubBase, 300 LF of Filter Sock, 780 LF of Silt Fence, 50 Units of Clearing & Grubbing, Removal of 49 SY of PCC /HMA Driveway or Sidewalk, Install 49 SY PCC Sidewalk, Strip 615 CY of Topsoil (to remain on site), Strip and Dispose 515 CY of Topsoil (dispose off site), 1 Storm Sewer Intake, 60 LF 12" RCP Pipe Culver with 4 12" RCP Pipe Apron, 0.75 AC Seeding, 1 Electrical Light for Parking Lot Footing, Pole & LED Light, 6 Light Bollard Footings & Lights, Conduit & Wiring, Pre -cast CMU Masonry Entry Column with Footing, Foundation, Stone Cap & Cast Stone Medallion. The City is required to obtain an NPDES permit for this project. The Contractor will be responsible for all administration and reporting of the NPDES Storm Water Protection Plan. All work is to be done in strict compliance with the plans and specifications prepared by Abundant Playscapes, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 38 Specified Start Date: October 7, 2014 Specified Completion Date: November 26, 2014 The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of Rapid Reproductions, Inc. of Iowa City, Iowa, by bona fide bidders. A $50.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Rapid Reproductions. The fee will be returned if the plans are returned in unmarked and reusable condition within 15 days of Council Award. A separate and nonrefundable $15.00 shipping and handling fee will apply to plans that are sent through postal mail. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281 -5796 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 3d(1) ■tea Prepared by: Michael Moran, Director, Parks & Recreation Department, 220 S. Gilbert St. Iowa City, IA 52240 (319) 356 -5100 RESOLUTION NO. 14 -266 RESOLUTION REJECTING BIDS RECEIVED ON SEPTEMBER 10, 2014 FOR THE NORMANDY DRIVE RESTORATION PROJECT PHASE THREE. WHEREAS, one bid was received on September 10, 2014 for the Normandy Drive Restoration Project Phase Three and the bid exceeded budgeted costs available for the project; and WHEREAS, as a matter of public interest, the Department of Parks and Recreation recommends that the Council reject all bids. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: All bids received on September 10, 2014 for the Normandy Drive Restoration Project Phase Three are hereby rejected. Passed and approved this ATTEST: 4, -e - CITY LERK 16th day of September , 20 14 M4 _ MAYOR Approved by City Attorney's Office It was moved by Throgmorton and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton =Ir CITY OF IOWA CITY -VA-KIEN 11t ffm ON MEMORANDUM Date: September 9, 2014 To: Thomas Markus, City Manager From: Chief Sam Hargadine Re: Authorization to use Asset Forfeiture Funds for the Purchase of Body Worn Recording Devices for Iowa City Police Officers The Iowa City Police Department began using in -car recording devices in the mid 1990's and soon recognized several benefits as a result including: the ability to improve Officer safety through review and training, improved professionalism and performance, and the ability to effectively and efficiently investigate citizen complaints. Limitations of in -car recording devices include the inability of the camera to follow the officer when they are out of its field of view and inability to adequately remotely record audio when an Officer is away from the vehicle. In 2013 the Department acquired 11 body worn cameras. The body worn cameras provided many of the same benefits as in -car recording devices while overcoming stationary limitations. Due to the small number of units and turn - around time for download and repair, availability for use was limited. In the spring of 2014 the Iowa City Police Department began procurement procedures to purchase 84 body worn recorders. This amount would allow each Officer to have their own camera and reduce the chances of body worn cameras not being available for use. The evaluation process of vendors and products concluded this past week. The estimated expenditure for the purchase of the cameras, supporting infrastructure, and storage is approximately $225,000.00. This amount, by City policy, requires approval from the City Manager and the City Council. If approved, the Iowa City Police Department will use funds from asset forfeiture to acquire the cameras, supporting infrastructure, and storage. 3d(2) 3a`�} Marian Karr From: Adam B Sullivan <sullivan.ab @gmail.com> Sent: Thursday, September 11, 2014 9:58 PM To: Council Subject: Police cameras Hello council members - I hope all is well. I'm writing to request that you remove item 3d(2) (PROCUREMENT OF BODY WORN DIGITAL CAMERA SYSTEM AND STORAGE SOLUTION) from the consent calendar at next week's meeting. There appears to be some community support for this technology, but it must be implemented with public input and oversight. I would like to see this purchase discussed by council members and voted on as a lone item. Thanks for your consideration and keep up your good work. Adam Adam B Sullivan 319.430.7882 http: / /adambsullivan.com Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Prepared by: Mary Niichel - Hegwood, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5078 RESOLUTION NO. 14 -275 RESOLUTION AUTHORIZING THE PROCUREMENT OF BODY -WORN DIGITAL CAMERA SYSTEM AND STORAGE SOLUTION FOR THE POLICE DEPARTMENT WHEREAS, a Request for Proposal (RFP) was issued to procure a Body -Worn Digital Camera System and Storage Solution for the Police Department; and WHEREAS, multiple proposals were received in response to the City's RFP; and WHEREAS, the proposals were scored by staff members from the Police Department and the Information Technology Services Division with expertise, resulting in an award to Wolfcom Enterprises, who met the City's requirements; and WHEREAS, the total project cost will be approximately $211,000, which exceeds the City Manager's spending authority of $150,000, thus requiring City Council approval. The total project cost includes $163,000 for the Body -Worn Digital Camera System, $38,000 for a Storage Solution, and $10,000 for preparation of the space. WHEREAS, Funds for the City's contribution are available through asset forfeiture funds #10410340 - 474420; and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to take whatever steps are necessary to effectuate the purchase. Passed and approved this 16th day of September , 20 14 �� io MAYOR Approved by ATTEST: _ CITY CLERK City torney's Office 1 /11 120 /� Resolution No. 14 -275 Page 2 It was move by Mims and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 1 � i =Wq CITY OF IOWA CITY MEMORA Date: September 11, 2014 To: Dennis Bockenstedt, Finance Director 0 7 From: Christine Weinard, Buyer I Mary Niichel - Hegwood, Purchasing Agent Re: Utility Billing /Printing /Mailing Contract M 3d(3) Introduction: The City's current contract with SourceHOV for the Design, Production, and Mailing of the City's Utility Bill, Landfill Bill, Accounts Receivable Bill, Envelopes, and Web Services will be completed in September 2014. The Finance Department is requesting to extend this contract for one additional year due to the timing of the contract's completion with the City's ERP system implementation. History /Background: The City of Iowa City issued an RFP for utility billing, printing, and mailing services. A contract was established with SourceHOV (formerly United Information Services) based on qualifications, experience and minimal price variance. That contract included an option to renew on an annual basis. Renewals have been processed since the early phases of implementation of the new ERP system. The City is currently in the final phases of implementing the new ERP system. The utility billing, miscellaneous accounts receivable, landfill billing, and cash receipting will be implemented in the Fall of 2014 and this process is well underway. The contractual services provided by SourceHov are greatly integrated into the City's provision of these services to the public. SourceHOV prints the City's utility and miscellaneous billing statements, and processes the city's utility e-mail bills. SourceHOV then places the City's bills into envelopes and mails them. Electronic files are transferred between the City and SourceHOV in order to complete the above tasks. Integration of these services from our current computer system to the new ERP system is a difficult and involved task that is critical to the successful implementation of the new system. Discussion of Solutions: The City has two options: 1 ) extend the contract with SourceHOV or issue an RFP for printing and billing services, which may result in awarding the contract to SourceHOV or 2) choose another firm. With the timing of the ERP implementation and the timing of the termination of the SourceHOV contract, the staff's ability to change and implement two major systems simultaneously would create a great hardship. This increased level of difficulty for the Utility Billing staff and the Information Technology staff would decrease the likelihood of success or increase the implementation time required. Both of these outcomes would increase the cost of the implementation. Due to the potential result through a bidding process, I am proposing to extend the City's contract with SourceHOV for an additional year in order to allow for the completion of the ERP system implementation. These services would then be bid as per our usual process in the fall of 2015. Financial Impact: Below is the cost for billing and printing services for FY12- FY14 and the proposed pricing for renewal for one year. Billing /Printing /Mailing Services FY12 - $151,000 (includes $80,000 for postage reimbursement) FY13 - $168,000 (includes $104,000 for postage reimbursement) FY14 - $135,000 (includes $70,000 for postage reimbursement) FY15 - $160,000 (includes $80,000 for postage reimbursement) Recommendation: With the ERP implementation and the additional staff time required to change service providers, we are proposing to extend the billing /printing services contract with SourceHOV for an additional year to September 2015. An RFP for billing, printing, and mailing services will be issued in 2015 to gather pricing for the new contract term that would begin in September 2015. C: Melissa Miller, Revenue Manager Nicole Knudtson- Davies, Controller Prepared by: Christine Weinard, Buyer I, 410 E. Washington St., Iowa City IA 52240 (319) 356 -5079 RESOLUTION NO. 14 -267 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RENEWAL OF A CONTRACT FOR DESIGN, PRODUCTION, AND MAILING OF THE CITY OF IOWA CITY UTILITY BILL, LANDFILL BILL, ACCOUNTS RECEIVABLE BILL, ENVELOPES, AND WEB SERVICE FOR ONE ADDITIONAL YEAR. WHEREAS, the City has previously established a contract for the above services with SourceHOV; and WHEREAS, the City's current contract term with SourceHov will expire on September 16, 2014; and WHEREAS, due to the hardship that would be created by changing to a new system at this time because of the implementation of a new ERP system, the City seeks to renew the contract for the above services with SourceHOV for one additional year; and WHEREAS, City policy requires City Council approval for contracts over $150,000; and WHEREAS, the service fees for SourceHOV for a one year renewal are estimated to be $160,000; and WHEREAS, funds for this purchase are available in Account # 10310400 435054 and Account #10310400 435055; and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest to the renewal of the contract with for SourceHOV for Design, Production, and Mailing of the City of Iowa City Utility Bill, Landfill Bill, Accounts Receivable Bill, Envelopes, and Web Service for one additional year. Passed and approved this 16th day of September , 20 14 ATTEST: 2e. CIT CLERK MAYOR Page 1 of 2 Approved by City ttorney's Office It was move by Thrognorton and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Dickens g Dobyns g Hayek g Mims g Payne Throgmorton Page 2 of 2 3NMEN i lmll Prepared by: Sara Sproule, Asst. Controller, & Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240, 319 - 356 - 5088/5138 RESOLUTION NO 14 -268 RESOLUTION APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2014. 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C y (1) s N io = 'v q� C E E O R a � d � s -a w+ w C cn O �7' 2 2 U .ra c � _ N q E v N Lb U) _o 00 O � r J p Q E U E U LL oQ z w � � U V In tn E O R -a 2 c � F o O O In oo GO m � Ll- N m CT CT m l It t+ P: +n O Wn V1 � V• o C� d' N `P N m I'D I-D ,-� ' Ln �t m C kn v-> � �n � w rl Ln � tn �n �c �c m �o n M ul, �v s5 &s s4 4'.S ss es � 64 ss � 15� A 10 �a x �a F H F =., W- -rK CITY OF IOWA CITY 3d(5)� MEMORANDUM Date: September 4, 2014 To: Dennis Bockenstedt, Director of Finance From: Mary Niichel - Hegwood, Purchasing Agent Re: New Purchasing Manual Introduction The current purchasing manual was last updated April 17, 2012. This revision was aimed at creating uniform policies and procedures for all departments and divisions to follow, while encouraging competition and promoting fair and equitable treatment of individuals that participate in the procurement process. Over the past two years City staff has offered input regarding the bid thresholds, the content, and the length of the purchasing manual. Taking this into consideration, while at the same time preserving the intent of the manual, personnel from the City's Finance, City Attorney, and City Manager staff have worked together to revise the current purchasing manual. Modifications The new purchasing manual has been modified to increase bid thresholds for current procurement methods and increase signature authority for specific types of purchases; these changes are reflected in the following verbiage which has been included in the new purchasing manual: Limits 1.) $10,000 or less (Informal Quotation Process): Procurement Procedure: No set procedure. Pricing obtained must be reasonable. Quotes are recommended. Type of Purchase: All purchases unless exception listed in Section III. Signature Required: Department Director or designee 2.) $10,000 to $25,000 (Informal Competitive Process): Procurement Procedure: Request for Quote (RFQ) required. Munis: Purchase Order or Contract required; proposals or bids must be stored in the Purchase Order or Contract Module. Type of Purchase: All unless exception listed in Section III. Signature Required: Department Director 3.) Greater than $25,000 (Formal Competitive Process): Procurement Procedure: Request for Bid (RFB) or Request for Proposal (RFP) Munis: Purchase Order or Contract required; proposals or bids must be stored in the Purchase Order or Contracts Module. Type of Purchase: All unless exception listed in Section III. Signatures Required: $25,000 to $150,000 Department Director and City Manager >$150,000 Department Director, City Manager, and City Council Type of Purchase: Professional and Technical Services (See Section III.B.) Signatures Required: $25,000 to $60,000 Department Director and City Manager >$60,000 Department Director, City Manager, and City Council The content of the new purchasing manual has been also been modified to exempt other types of procurements, including Utilities /Franchise Agreements, Economic Development Grants /Aid to Agencies, Non - Profit Job Training, and Contracts with Other Government Entities, from Standard Procurement September 8, 2014Septemher 4 2014 Page 2 Procedures. These types of agreements have specific requirements that do not necessarily fall within the standard procurement procedures. Lastly, the length of the current purchasing manual has been reduced from 29 to 16 pages in order to facilitate readability, and create a better understanding of the policies and procedures contained within the manual for departments and divisions. Signature Authority: In order to accommodate the new threshold for Professional and Technical Services, and to allow for City Manager approval of Agreements for Non - Profit Job Training and Contracts with Other Government Entities, a separate resolution, being prepared by the City Attorney's Office, will be presented for Council approval at the same meeting. Recommendation: Based on the modifications listed above, I am recommending that the City Council adopt the proposed purchasing manual. The proposed manual will continue to provide guidance to staff by clearly defining standard policies and procedures for City procurements while encouraging fair and open competition. Mary Niichel - Hegwood, Purchasing Agent, 410 E. Washington, Iowa City, IA 52240, (319) 356 -5078 RESOLUTION NO. 14 -269 RESOLUTION APPROVING AND ADOPTING THE NEW PURCHASING MANUAL FOR CITY PROCUREMENT WHEREAS, the Iowa City Purchasing Manual was last updated April 17, 2012; and WHEREAS, personnel from the City's Finance, City Attorney, and City Manager staff have worked together to revise the Purchasing Manual, which staff believes will create a more concise document, while ensuring a competitive and fair environment for all parties, as well as appropriate accountability and minimizing of future procurement risk for the City; and WHEREAS, the new Purchasing Manual has been modified to increase bid thresholds for current procurement methods and increase signature authority for specific types of purchases; and WHEREAS, the new Purchasing Manual has been modified to exempt other types of procurements, including Utilities /Franchise Agreements, Economic Development Grants /Aid to Agencies, Non - Profit Job Training, and Contracts with Other Government Entities, from Standard Procurement Procedures; and WHEREAS, the length of the current manual has been reduced from 29 to16 pages; and WHEREAS, it is in the best interest of the City to approve and adopt this Resolution, and this new Purchasing Manual. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the attached new Purchasing Manual is hereby approved and adopted. 2. The City Manager is authorized to approve non - substantive changes to the Purchasing Manual in writing. Passed and approved this 16th day of September , 2014. 4 MAYOR \— Approved by / ATTEST: A.4 CITY_Z1ERK / J / City Attorney's Office Resolution No. 14 -269 Page 2 It was moved by Throgmorton and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek g Mims x Payne x Throgmorton PURCHASING POLICY MANUAL � r 1 *Nico %MOP �;i! CITY OF IOWA CITY Last revised: September 16, 2014 TABLE OF CONTENTS SECTION I INTRODUCTION Purpose Page 2 Authority to Purchase Page 2 -3 Employee Responsibility Page 3 SECTION II STANDARD PROCUREMENT PROCEDURES Minimum Solicitation Requirements Page 4 Limits Page 4 Methods Page 4 -5 Advertising Public Bids and Request for Proposals City of Iowa City Website Page 5 SECTION III EXCEPTIONS TO STANDARD PROCUREMENT PROCEDURES Public Improvements Page 6 Professional and Technical Services Page 6 Lease of Real Property or Rental of Equipment from Another Party for More than One Year Page 6 -7 Information Technology Purchase Procedures Page 7 Department of Transportation Rock Salt Contract Page 7 Travel and Training Page 7 Utilities /Franchise Agreements Page 8 Economic Development Grants /Aid to Agencies Page 8 Emergency Purchases Page 8 Sole Source Page 8 Cooperative Purchasing Page 9 Non - Profit Job Training Page 9 Contracts with Other Government Entites Page 9 SECTION IV LEGAL REQUIREMENTS Gratuities /Gift Law Page 10 Prohibited Interest in Public Contracts Policy Page 10 Local Preference Page 10 -11 State and Federal Funding Page 11 Donated Funds Page 11 Professional and Technical Service Contracts Page 11 Record Retention Page 11 Public Record Page 11 -12 Surplus Equipment Transfer /Disposal Page 12 Shipping Terns Page 12 Payment Terms Page 12 -13 APPENDIX I PURCHASING TERMS AND DEFINITIONS Pages 14 -16 SECTION I. INTRODUCTION A. Purpose The purpose of this manual is to define the City of Iowa City's purchasing policies in order to establish uniform purchasing practices throughout the City's departments and divisions. The policies defined in this manual are to encourage competition while promoting fair and equitable treatment of individuals who participate in the procurement process. In the event there is a separate funding authority with its own procurement policy, the departments and divisions shall follow both the funding authority's rules, as well as the City's purchasing policies. If they conflict, the more stringent policy shall prevail. The Iowa City Public Library and Iowa City Airport are managed by their own separate governing bodies and adopt their own purchasing policies. All other City entities are governed by this Purchasing Manual. All Public Improvement projects are managed by the City's Engineering Division, instead of the Purchasing Division, and are subject to all requirements of Iowa Code. Non - Public Improvement procurements made by the Engineering Division remain subject to the Purchasing Manual. B. Authority to Purchase City Council Any spending authority not delegated by City Council is retained by City Council. The City Council determines expenditure levels through the formulation and approval of an Annual Operating Budget and Capital Improvements Program. In performing this policy- making function, the City Council establishes a set of goals, priorities, and performance standards which the City organization directs its collective efforts toward accomplishing. The adoption of the Annual Operating Budget is the approval of a level of expenditures necessary to accomplish the goals and objectives that have been established by each City program. With the exception of specific statutory requirements for Public Improvements, and subject to the limitations imposed by Council resolution on City Manager spending authority, no further Council action is required to initiate purchases within the budget (See Section III (A) of the Purchasing Policy Manual for more on Public Improvements). City Manager The City Manager is delegated the responsibility by the City Council to carry out the policy, direction, and goals of the City Council. It is his/her responsibility to manage the Annual Operating Budget in such a way that the goals and priorities of the City Council are accomplished. All recommendations for changes in general purchasing policy will be made with the prior approval of the City Manager. The City Manager may, for good reason consistent with the purposes of these policies, give written permission to the Purchasing Agent to allow a purchase that is not in compliance with these policies, if the waiver is not inconsistent with applicable law. The City Manager or designee may amend this Purchasing Manual to reflect City Council action. Any other change to the manual must be approved by the City Council. Departments City Departments are responsible for meeting the goals and objectives established by City Council and the City Manager, and are provided budget funds to meet these goals. For proper management control, it's necessary that Departments have budget authority prior to making a purchase. Note: Budget authorization for the expenditure of funds does not negate a department's responsibility to follow the City's purchasing policies and bid thresholds stated within this manual. C. Employee Responsibility It is the individual responsibility of each employee involved in the procurement process to understand the intent and the meaning of the policies and the procedures stated in this manual. If there is any question or concern relative to either the policies or procedures, or the ability of the employee to respond effectively to the requirements of the procedures, then it is the responsibility of the employee to bring it to the attention of the Purchasing Agent immediately. Employees failing to follow the purchasing policies may be subject to discipline. SECTION II. STANDARD PROCUREMENT PROCEDURES A. Minimum Solicitation Requirements The method of procurement for City departments shall be in accordance with the Purchasing Manual and shall consider the nature and circumstances of the specific procurement. The minimum standard methods of procurement are listed below. Exceptions to the below methods are listed in Section III. Regardless of the method of procurement used, no written contract may be signed by City staff without the City Attorney's Office first signing. This includes any document that must be signed by a member of City staff, including quotes and letters. Departments should also inquire with the Purchasing Division whether the City already has a contract for whatever goods or services are being sought. Note: Freight, handling, and installation costs are included in all dollar limits stated below. City departments are strictly prohibited from dividing purchases into separate parts in order to avoid the bid threshold requirements. Similar purchases across departments may be combined at the Purchasing Division's discretion to obtain better pricing, service, efficiency, or other purposes that are beneficial to the City. B. Limits 1.) $10,000 or less (Informal Quotation Process): Procurement Procedure: No set procedure. Pricing obtained must be reasonable. Quotes are recommended. Type of Purchase: All purchases unless exception listed in Section III. Signature Required: Department Director or designee 2.) $10,000 to $25,000 (Informal Competitive Process): Procurement Procedure: Request for Quote (RFQ) required. Munis: Purchase Order or Contract required; proposals or bids must be stored in the Purchase Order or Contract Module. Type of Purchase: All unless exception listed in Section III. Signature Required: Department Director 3.) Greater than $25,000 (Formal Competitive Process): Procurement Procedure: Request for Bid (RFB) or Request for Proposal (RFP) Munis: Purchase Order or Contract required; proposals or bids must be stored in the Purchase Order or Contracts Module. Type of Purchase: All unless exception listed in Section III. Signatures Required: $25,000 to $150,000 Department Director and City Manager >$150,000 Department Director, City Manager, and City Council Type of Purchase: Professional and Technical Services (See Section III.B.) Signatures Required: $25,000 to $60,000 Department Director and City Manager >$60,000 Department Director, City Manager, and City Council C. Methods Request for Quote (RFQ) The buyer will seek a minimum of three written quotations and an award will be made to the vendor who provides the quote with the best combination of cost and quality for the specified good or service. The written quotes must include the date, name of the company, name of the company representative, a description of the goods and/or service (manufacturer, model #, dimensions, etc.), delivery date, freight, terms, and dollar amount. 4 Requests for quotes are managed by each department unless assistance is requested from the Purchasing Division. Request for Bid (RFB) A Request for Bid is a formal method used to solicit competitive sealed bids. All Request for Bids will be conducted by the Purchasing Division. A bid is submitted to the City Clerk's office in a sealed envelope and is not opened until a specified time and date, otherwise known as a public bid opening. Award of the bid is made to the lowest responsible and responsive bidder meeting the standards, specifications, and terms and conditions contained within the solicitation. Bids not received by the stated due date and time will be rejected. Request for Proposal (RFP) A Request for Proposal is a formal method used to solicit competitive sealed proposals that includes all of the information contained within a bid as well as other criteria for evaluation. All Request for Proposals will be conducted by the Purchasing Division. This form of solicitation is not evaluated on price alone; criteria including, but not limited to, the following may be used in evaluating proposals: the quality of the product or service, company responsibility and history, references, financial stability, technical expertise, warranties and guarantees, price, compliance with the specifications, management/customer service, and contract terms. The criteria used and the value placed on the criteria will depend on the goods and/or the services solicited. Proposals are received by the City Clerk's office; proposals received after the due date and time may be rejected. The Purchasing Division reviews the submitted proposals to make sure that they are complete. Only those proposals that are considered complete, otherwise known as responsive, are dispersed to an evaluation committee. The Purchasing Division reserves the right, but is not required, to seek completion of proposals. The evaluation committee, which will consist of representatives from the department making the purchase, and other representatives appointed by the Purchasing Division in cooperation with the department, will receive the complete proposals with oral and written instructions from the Purchasing Division regarding the evaluation process. The evaluation committee shall sign and adhere to the instructions. Once the evaluation committee has reviewed and scored the proposals, the evaluation committee may meet to discuss the proposals and the evaluations. During this time, items in question will be discussed. The evaluation committee may decide to make an award or elect to request clarification on the proposals. During this time, all contact with the vendor will be conducted solely through the Purchasing Division's point of contact, and responses will be presented in writing to the committee. The evaluation committee may also request an oral presentation to assist with the final decision to award. Note: During the RFP process all information, including, but not limited to, the submitted proposals, will be kept confidential until a formal award has been made by the Purchasing Division. Any outside questions must be put in writing. Those written questions, and open records requests, should be directed to the Purchasing Division's point of contact. D. Advertising Public Bids and Request for Proposals - City of Iowa City Website With the emergence of electronic procurement, the City of Iowa City's public website has become one of the main advertising resources for formal bid and proposal solicitations. The Purchasing Division utilizes the website to post Request for Proposals, Request for Bids, addendums, and bid results for commodities, services, vehicles and equipment, and construction projects. The Purchasing Division in cooperation with the department will use their discretion in determining other appropriate methods of advertising bid and proposal solicitations. SECTION III. EXCEPTIONS TO STANDARD PROCUREMENT PROCEDURES A. Public Improvements Public improvement projects differ significantly from the procedures used to procure goods and /or services. A public improvement is defined by Iowa Code Section 26.2 (3) (2013), as amended, as, "a building or construction work, which is constructed under the control of a governmental entity and is paid for in whole or in part with funds of the government entity, including a building or improvement constructed or operated jointly with any other public or private agency ". This definition is entirely controlled by Iowa Code, and features some exclusions, including, but not limited to, emergency work or repair or maintenance work performed by employees of a governmental entity; and construction or repair or maintenance work performed for a city utility by its employees. If the procurement meets the definition of a public improvement project, or there is a question whether the project qualifies as a public improvement project, acquiring departments should consult with the City Attorney's Office for direction. Note: Under Iowa Code Section 26.5, departments are prohibited from dividing the project into separate parts, regardless of intent. All Public Improvement projects and competitive bid processes will be managed by the City's Engineering Division, instead of the Purchasing Division, and are subject to all requirements of Iowa Code. Non - Public Improvement procurements made by the Engineering Division remain subject to the Purchasing Manual. B. Professional and Technical Services Professional and Technical Services include services provided by consultants or individuals or organizations possessing a high degree of technical skill, such as lawyers, physicians, architects, and engineers. The requested services may include information, professional advice, training, or direct assistance. Contractors working within trades, such as plumbing, electrical services, and HVAC are considered as providing Operational Services, not Professional and Technical Services. It is the responsibility of the requesting department to confirm that the contractor possesses the skills required to perform the job. Cost remains an important consideration in securing Professional and Technical Services. Standard Procurement Procedures and limits (Section II) apply for Professional and Technical Service purchases. Department Directors must confirm that the service provider does not appear on the Prohibited Interest List, maintained by the Accounting Division. Written contracts should contain the Prohibited Interest in Public Contracts Policy language, found on page 10. Any procurement of Professional or Technical Services in excess of $10,000 must take the form of a written contract. All written Professional and Technical Service Contracts, regardless of dollar value, must be approved by the City Attorney's Office before services can begin. C. Lease of Real Property or Rental of Equipment from Another Party for More than One Year City Council signature approval is required for any lease of real property from another party for more than one year. City Manager signature approval and Department Director approval is required for the leasing or rental of equipment for more than one year. All written lease contracts for real property or rental of equipment from another party must be reviewed and approved by the City Attorney's Office. For any lease longer than one year for either real property or equipment rental, a copy of the signed lease should be forwarded to the Accounting division. The City allows the leasing or rental of equipment or building(s) if all of the following requirements are met: 1. Funds are budgeted and available to the requesting department; and 2. The period of time involved does not extend beyond fund availability; and 3. It is not the intent of the initial rental to transition into a lease /purchase option. D. Information Technology Purchase Procedures ITS approval is required for any Information Technology procurement. Standard Procurement Procedures and limits (Section H) apply for Information Technology purchases. 1.) Hardware and Software Purchases and Related Maintenance Agreements The department initiating the procurement of information technology goods and services, shall submit a "Hardware /Software Recommendation" form to the ITS Help Desk for evaluation and assistance. In the case of information technology goods and services which are not linked to the City's computer network, and which are not supported by ITS, the initiating Department may inform ITS of its intended procurement via e -mail or memo, rather than by submitting a Hardware /Software Recommendation form. [ITS may request additional information from the initiating department if the intended procurement raises concerns as to connectivity, security, alternative procurement that may be less expensive or more efficient, or other issues of concern to ITS. ITS shall provide assistance in the development of specifications for hardware and software needs and development of a Scope of Work ( "SOW ") for related maintenance agreements. 2.) IT Consulting Services ITS will assist the initiating department in the development of the SOW. A preliminary SOW will be submitted to ITS, and ITS will either recommend the SOW be accomplished with in -house resources, or the procurement of an outside source. If outsource procurement is required, ITS will assist the initiating department in defining outsource requirements. The initiating department will submit a "Request to Retain Outside Consultant" form. 3.) The Purchasing Division will prepare the appropriate contract, if required, between the City and the vendor, which Purchasing Division or end user will submit to the City Attorney's Office for approval. Payment in arrears will be encouraged if at all possible. 4.) Departments will submit computer - related requests through ITS for review prior to P -Card purchases. ITS will submit requisitions to the Purchasing Division for approval and issue of any necessary purchase orders. ITS will review the computer - related requisitions and either return it to the initiating department with comments and /or recommendations, or forward the completed requisition to the Purchasing Division. 5.) Unless otherwise specified by ITS, all information technology equipment will be delivered to ITS, and ITS will be responsible to track and verify satisfactory receipt of equipment. If the delivery is made directly to the initiating department the department will immediately alert ITS of the equipment's arrival for inventory tracking purposes. E. Department of Transportation Rock Salt Contract The City of Iowa City piggybacks onto the Iowa Department of Transportation's Request for Bid on a yearly basis. Although expenditures for this contract can be over $150,000, City Council approval is not required due to state procurement requirements. F. Travel and Training The City's Travel and Training policy is located on the intranet under Employee Information > Other City Policies /Guidelines G. Utilities/Franchise Aureements A utility franchise agreement is between a city government and a utility company or cable provider that outlines certain requirements that must be met in order for the utility or cable provider to use the city's (public) right -of -way. The City has several agreements of this type, including agreements with MidAmerican Energy and Mediacom. Any bulk or unregulated purchases must be approved and signed by the City Attorney's Office. H. Economic Development Grants / Aid to Agencies Economic development grants can be made by the City Manager, as governed by Council Resolution. Aid to Agencies provided by the City are approved directly by City Council. I. Emergency Purchases An Emergency Purchase may be exempt from the competitive bidding process when the purchase is made due to an unexpected and urgent need, where health and safety or the conservation of public resources is at risk. The use of this process is greatly discouraged, and should be utilized only when absolutely necessary. Emergency purchases that are considered public improvements under Iowa Code Section 26.2 (3) (2013), must follow the emergency bidding requirements set by state code. Before proceeding with an emergency purchase, the department requiring the commodity or service must receive written approval from the City Manager or designee. Within two (2) weeks of the emergency purchase, the department making the purchase must complete an "Emergency Purchase Form" available from the Purchasing Division, and return it to the Purchasing Division. Copies will be distributed to the City Manager, the Finance Director, and the Department Director. J. Sole Source In general, all purchases shall be made on a competitive basis. However, there may be a reason to request a Sole Source purchase. This means that there must be only one product or service that meets the department's needs, and there is only one vendor through whom the product or service can be procured. Sole Source is not appropriate for use when the department has picked a preferred product among other available products. In this situation, the individual requesting the purchase must complete a "Sole Source Procurement Request" form (contact the Purchasing Division to receive a copy of the form) and return it to the Purchasing Agent for approval by City Manager or designee and the City Attorney's Office. Examples of a Sole Source procurement include: 1.) Items which must be compatible with existing equipment or systems and are available only from the original manufacturer or an exclusive distributor. 2.) Services that can be provided by only one source due to nature of the equipment requiring service (proprietary equipment features). 3.) Items that have specific features or are related to a specific geographic location that are available from only one source, by virtue of experience, expertise, proximity, or ownership of intellectual property rights. 4.) Items or services of information technology for which there are compatibility considerations, or the purchase would prevent voidance or termination of a warranty, or the purchase would prevent default under contract or other obligations. 5.) The Federal government or other government provider of funds for the items or services being purchased has imposed clear and specific restrictions on the use of the funds in a way that restricts the procurement to only one vendor. K. Cooperative Purchasing "Piggybacking ", a form of cooperative purchasing, allows government and government - related agencies to utilize existing purchasing contracts or agreements from other government entities. This type of purchasing is a competitive form of procurement that combines the requirements of two or more agencies in order to reduce administrative expenses and obtain better pricing based on volume discounts. In order for a government agency to participate in this form of cooperative purchasing, the following criteria must exist: 1.) The purchasing contract must be current. 2.) The purchasing contract must be the result of a formal competitive process. 3.) The government agency administering the contract must be willing to allow participation on behalf of other government agencies (note: participation may be limited to specific government agencies based on location, etc.). 4.) The government agency taking advantage of the existing contract must purchase the same products identified in the contract. 5.) If the cooperative purchasing contract is a regional contract, the state of the government agency requesting participation must have signed a contract to participate. L. Non - Profit Job Training Contracts with non - profit entities for goods or services provided by those receiving job training from the non - profit entity shall be excluded from this manual's competitive procurement requirements. However, all signature authority requirements remain in place. M. Contracts with Other Governmental Entities Contracts with other governmental entities for goods or services shall be excluded from this manual's competitive procurement requirements. However, all signature authority requirements remain in place. SECTION IV. LEGAL REQUIREMENTS A. Gratuities/ Gift Law As stated in Iowa Code section 68B.22, (2013), as amended, the "Gift Law" prohibits officials, employees, candidates, or their immediate family members from receiving or soliciting gifts from a person who is or is seeking to be a party to a sale, purchase, lease, or contract with the City. Gifts from such restricted donors may be accepted only if they are worth $3.00 or less. Additional exceptions can be found in Iowa Code Section 68B.22(4), (2011) as amended, but should not be exercised without the approval of the City Attorney's Office. B. Prohibited Interest in Public Contracts Policy Pursuant to Iowa Code Section 362.5 (2011), as amended, a city officer or employee shall not have an interest, direct or indirect, in any contract or job of work or material or the profits thereof or services to be furnished or performed for the City. "City officer or employee" includes all employees, as well as members of the City Council and all City boards and commissions. With respect to "direct or indirect" interest, the City presumes a City officer or employee has shared financial interest with any of the following persons: • The spouse of a City officer or employee. • Any person eligible to register as a domestic partner, as defined in Iowa City Code 2 -6 -2, as amended, of a City officer or employee. • The unemancipated child of a City officer or employee. • The parent of a City officer or employee, if the City officer or employee is an unemancipated child. It is prohibited for any City officer or employee to participate, directly or indirectly, in a procurement when the City officer or employee is aware that: Any City officer or employee, directly or indirectly, has a financial interest pertaining to the procurement. Any other person, business, or organization with which a City officer or employee, directly or indirectly, is negotiating or has an arrangement concerning prospective employment is involved in the procurement. Before proceeding with a purchase, the department procuring the goods or services must confirm the vendor is not on the Prohibited Vendor list, as maintained by the Accounting Division. Some exceptions apply, but no procurement may be made from a Prohibited Vendor without the written approval of the City Attorney's Office. Procurements made in violation of this policy may result in disciplinary action and /or criminal charges under Iowa Code Section 362.5. C. Local Preference Preference may be given to local businesses or vendors that have a business located within Johnson County. This includes branch operations and franchises. Cost and other considerations being equal, local businesses shall be given first consideration for the purchase of goods or services. A local business or vendor that submits a quote or bid by the established deadline falling within 5% of the lowest bid will have the opportunity to match the lowest price submitted, but only if that price was submitted by a non -local vendor. In this instance, the City representative responsible for issuing the solicitation will contact the local vendor /business that has fallen within the 5% threshold to request a price match. The business /vendor will have a twenty -four hour period to submit a written price match to the City representative. If more than one local business /vendor meets the criteria above, each local 10 vendor will be given forty-eight hours to submit a lower bid in writing. All revised bids must be at or lower than the original lowest bid. At the close of the forty-eight hour period, the contract will be awarded to the lowest bidder, local or otherwise. In the event of a tie, the local vendor will be awarded the contract. If two or more local vendors tie, the award will be determined by coin flip. The local preference policy does not apply to Public Improvement projects, goods and services acquired through the Request for Proposal process, or purchases utilizing Federal Transit funds or Federal funding. D. State and Federal Funding The purchasing policies stated in this manual are not preempted by the requirements for state and federal grants unless the city requirement is inconsistent with the state or federal grant requirements, in which case departments shall follow the strictest of any applicable policy. Departments shall adhere to the City's purchasing policies and all state and federal requirements, including completion of all required documents. In addition, all applicable conditions of state or federal funding must be included in bid and proposal solicitations. Transit procurements conducted with funds administered by the Federal Transit Administration directly or through the Iowa Department of Transportation must follow all federal requirements. As these requirements differ from those outlined in the City of Iowa City Purchasing Manual, FTA regulations shall take precedence. The City of Iowa City Transportation Services Director shall provide documentation of the processes when federally funded procurements occur. E. Donated Funds Departments are required to follow the bidding policies stated in this manual unless all of the following is true: 1.) Private funds are offered to the City for procurement of good or services. 2.) The City does not contribute any funds to the procurement. 3.) Pricing is reasonable. F. Professional and Technical Service Contracts Any procurement of Professional or Technical Services in excess of $10,000 must take the form of a written contract. All written Professional and Technical Service Contracts, regardless of dollar value, must be approved by the City Attorney's Office before services can begin. Department Directors must confirm that the service provider does not appear on the Prohibited Interest List, maintained by the Accounting Division. Written contracts should contain the Prohibited Interest in Public Contracts Policy language, found on page 10. G. Record Retention The Purchasing Division and Public Works Department, who are responsible for the procurement of goods, services, and equipment, are required to retain all written contracts, including bid and request for proposal documents, the awarded vendor's bid or proposal, and the purchase order for a period of five years. Departments procuring goods, services, and equipment through the informal quotation process, where assistance is not provided by Purchasing, are responsible for retaining documentation (including all quotes received) for a period of five years. H. Public Record Procurement information shall be recognized as public record to the extent provided by law and as set by Council Resolution 07 -260, passed August 21 s`, 2007. However, the identity of proposers and documents received in response to a Request for Proposal may only be released to City staff prior to award of the contract, without approval of the City Attorney's Office. All 11 details of contract proposals shall be kept confidential until final award of the contract. Details of contracts requiring Council approval may be disclosed as part of the Council approval process. In that event, disclosures should be limited as much as possible in order to best preserve the integrity of the procurement process. Questions regarding the potential confidentiality of documents should be directed to the City Attorney's Office. I. Surplus Equipment Transfer/Disposal If a department no longer has a use for surplus vehicles and equipment, including, but not limited to, office furniture, heavy equipment, and computer equipment, the department should contact the Purchasing Division to assist with transfer or disposal. The Purchasing Division may contact other City divisions to determine whether they may have use for the surplus equipment. If no City department has use for the item, the Purchasing Division may dispose of it through public bidding (on- line), sealed bidding, the sale or transfer to other governmental agencies, or through donation or sale to a non -profit organization. The department requesting the transfer /disposal of the equipment shall provide the Purchasing Division with a description of the item (color, measurements), make, model, serial number, condition of the item, and any other pertinent information required to assist with transfer /disposal. J. Shipping Terms When purchasing goods from a vendor it is important that the department understands and designates the appropriate shipping terms. The shipping terms not only determine who has the legal right to specify the carrier and the routing of any goods purchased, but they also define the point at which the City takes title of the goods, otherwise known as "free on board" (F.O.B.), and thus who takes the risk of damage during transit. The most common freight terms are F.O.B. destination and F.O.B. point of origin. F.O.B. destination (City of Iowa City Address) — title /ownership of the goods passes to the department when the goods have been delivered to the City. The cost of shipping and the risk of loss are borne by the vendor. The vendor is responsible for the goods until they are delivered. F.O.B. point of origin (vendor's facility) — title /ownership of the goods passes to the department at the vendor's facility. The department or division owns the goods in transit and files any claims. The department or division is responsible for the goods at the origin of shipment. Note: F.O.B. destination (City of Iowa City Address) is the City's preferred method of shipping since the seller maintains ownership of the goods until they are delivered. The cost of shipping (activities performed in preparation of the outgoing shipment of goods, which may include packaging, weighing, marking, loading, etc.) and the risk of loss are borne by the seller. K. Payment Terms Unless otherwise specified, the City's standard payment terms designate that payment to the vendor may be made only after inspection, approval, and final acceptance of the goods or services. Procurements for construction, capital equipment, professional services and other labor intensive and/or capital intensive projects may require interim payments. Interim payments or milestone payments must be clearly defined in written form in order to eliminate confusion between the City and the vendor. Whether the City makes interim payments or makes a single payment, it is important that the department not only receives the goods or services, but performs a complete inspection and confirms that the products received or the services performed are acceptable before payment to the vendor is made. The City's ability to remedy a problem is severely hampered if we have already paid the vendor for the 12 good or services. Advance payment or prepayment for products or services is strongly discouraged (exclusions: subscriptions, memberships). Note: Before a department signs a contract for the procurement of goods or services the payment terms must be carefully reviewed. Payment in advance is strongly discouraged. Also, the department should review the number of days specified for payment. A department should not accept payment terms of less than thirty days considering the time it takes to receive, inspect, and accept the product or service and process the paperwork for payment. 13 APPENDIX I. PURCHASING TERMS AND DEFINITIONS Bid Bond: A monetary commitment (cashier's check or certified check) made by a third party to accept liability and to guarantee that the bidder will not withdraw the bid. The certified check or cashier's check will not exceed 10% of the bid price and will accompany the bid upon submittal. If an award is made and the successful bidder fails to enter into a contract with the City, the City is entitled to the entire amount of the bid bond. Bid Opening: A specified time and date where formal bids are opened and the enclosed information is publicly read. The bidder's name, price, items offered, delivery, etc. are read during the opening. Capital Asset: Assets that have a life expectancy beyond one year and a cost of $5,000.00 per item or more (examples: land, land improvement, building, equipment). Capital Outlay/Expenditure: Expenditures for acquiring land, building, equipment or other property, or for their preservation, development or permanent improvement (i.e. the acquisition or renovation of capital assets). The threshold for capital outlay is $5,000 per item or more. Purchases of goods under $5,000 per item are considered supplies. Cam: Shall mean the City of Iowa City, Iowa. Competition: The process by which two or more vendors attempt to secure the business of a third party through the offer of the most favorable price, quality, delivery terms or service. Contract: A legally binding promise, oral or in writing, enforceable by law. Emergency Purchase: A purchase made due to an unexpected and urgent request, where health and safety or the conservation of public resources is at risk. Evaluation Committee: A group or team of advisors selected to assist in recommending a vendor for a contract award. Goods: Anything purchased other than services or real property. Online Bidding: A procurement process in which an invitation for bid or request for proposal is posted electronically over the internet in a real -time, competitive bidding event. Operating Services: The furnishing of labor and time by a contractor or a vendor, which may involve to a lesser degree, the delivery or supply of products. Examples of contractors providing operational services are those working within trades, such as plumbing, electrical services, and HVAC. Professional and Technical Services are not Operational Services. Performance Bond: A bond, issued upon award of the contract, that secures the performance of all terms, conditions, and agreements stated within the contract by the vendor. A performance bond protects the buyer from the vendor's inability to complete the contract. Pre - Solicitation (Pre- Submission Conference): A meeting with prospective bidders or proposers to clarify the requirements of a contract to be put out for bid or proposal. Procurement: Purchasing, renting, leasing, or otherwise acquiring any supplies, services, or construction; includes all functions that pertain to the acquisition, description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration; combining the functions of purchasing, inventory control, traffic and transportation, receiving, inspection, storekeeping, and salvage and disposal operations. 14 Procurement/Purchasing Policy: Governing principle which establishes the general parameters for the organization to follow in carrying out its responsibility for procuring equipment, supplies and services, etc. in the most efficient and economical method possible. Professional or Technical Services: Services provided by individuals or organizations possessing a high degree of technical skill, such as lawyers, physicians, architects, engineers, and other consultants. Contractors working within trades, such as plumbing, electrical services, and HVAC are considered as providing Operational Services, not Professional and Technical services. Public Improvement: A building or construction work, which is constructed under the control of governmental entity and is paid for in whole or in part with funds of the government entity, including a building or improvement constructed or operated jointly with any other public or private agency, but excluding urban renewal, demolition, and low -rent housing projects, industrial aid projects authorized under chapter 419, emergency work or repair or maintenance work performed by employees of a governmental entity, and excluding a highway, bridge, or culvert project, and excluding construction or repair or maintenance work performed for a city utility under chapter 388 by its employees or performed for a rural water district under chapter 357A by its employees. This definition is controlled by Iowa Code, and thus will incorporate any amendments to the statutory definition. See Iowa Code Section 26.2(3) (2011), as amended, for the controlling definition. Note - highway, bridge, and culvert projects are controlled by Iowa Code chapter 314, as amended. Real Property: Land and its permanently affixed buildings or structures. Responsible Bidder: A vendor who has the capability in all respects to fully perform the contract requirements, and the integrity and reliability which will assure good faith performance. Responsive Bidder: A vendor who submits a bid or proposal that fully conforms to all requirements contained within the solicitation. Request for Bid: A formal method used to procure a specific requirement (goods /services). A Request for Bid requires the submission of sealed bids and a public bid opening. Award is made to the lowest responsible and responsive bidder meeting the standards, specifications, and terms and conditions contained within the solicitation. Request for Proposal: A formal procurement method similar to a Request for Bid, except that factors other than price (such as quality, timeliness, experience, ability to meet specifications) are also considered in making the award. Risk Management: The identification, measurement and treatment of property, liability, and personal loss exposures; includes analysis of potential risk situations and insurance needs, as well as the amount of financial coverage needed to protect the government. Sealed: The submission of responses to a solicitation in a form that prevents disclosure of the contents prior to a date and time established by the department or division for opening the responses. Specification: A detailed description of the physical, functional, or performance characteristics of a good or service that must be met before a contract is awarded. Sole Source: A purchase to fulfill a need for a commodity or service where there is only one product or service that meets the department's needs, and there is only one vendor offering the product or service. Only one vendor possesses the unique and singularly available capability to meet the requirements (technical specifications) of the solicitation. 15 Surplus: Supplies or commodities that have completed their useful life and no longer have use to the original consumer, but may have some purpose or alternative use to another department within the City, or to an individual or entity outside the City. Tax Exempt: The City is exempt from all Federal, State of Iowa, and other states' taxes on the purchase of commodities and services used by the City of Iowa City within the State of Iowa. Vendor: A supplier /seller of goods or services. 16 Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO 14 -270 -797ti7 r- 3d(6) RESOLUTION REPEALING RESOLUTION No. 12 -191 AND APPROVING A NEW COMPILATION OF CONTRACTUAL AUTHORITY DELEGATED FROM THE CITY COUNCIL TO THE CITY MANAGER WHICH GRANTS THE CITY MANAGER ADDITIONAL AUTHORITY TO SIGN CONTRACTS WITH OTHER GOVERNMENTAL OR NON - PROFIT ENTITIES FOR SERVICES PROVIDED TO THE CITY, INCREASES THE CITY MANAGER'S SIGNATURE AUTHORITY TO $60,000 FOR PROFESSIONAL AND TECHNICAL SERVICES, ALLOWS PROCUREMENT OF ROAD SALT OVER $150,000 THROUGH THE STATE'S PROCUREMENT PROGRAM AND AUTHORIZES THE CITY MANAGER TO SIGN LEASES OF REAL PROPERTY FOR A TERM OF ONE YEAR OR LESS. WHEREAS, pursuant to Resolution No. 12 -191 the City Council authorized the City Manager to initiate and execute, without City Council approval, contracts for and purchases of commodities, operating services and capital outlay authorized in the Council budget, public improvement contracts for which public bidding was not required by law, and contracts for professional services where the total estimated cost does not exceed $50,000; and WHEREAS, consistent with the revised Purchasing Manual, staff has requested that Council broaden the City Manager's signature authority to $60,000 for contracts for professional and technical services; and WHEREAS, consistent with the revised Purchasing Manual, Council wishes to authorize the City Manager to contract for goods or services provided by other governmental entities, or non - profits providing job training to the individuals providing the goods or services; and WHEREAS, consistent with the current and proposed Purchasing Manual, Council wishes to authorize the City Manager to procure road salt through the State's procurement program without further Council approval, even if that procurement exceeds $150,000, due to the short timeline municipalities are given to participate; and WHEREAS, the remainder of the authority previously delegated to the City Manager remain unchanged; and WHEREAS, it is in the best interests of the City to approve these changes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: I. Resolution 12 -191 is hereby repealed. II. Council hereby delegates to the City Manager the following authority: A. Capital Outlay, Commodities, Operational Services and Professional Services. 1. The City Manager or designee is hereby authorized to initiate and execute, without City Council approval, the following contracts: a. Contracts not exceeding $150,000 for the purchase of commodities, Resolution No. 14 -270 Page 2 operating services and capital outlay (not including public improvement contracts) for which there is funding authority in the annual budget as approved by the City Council. b. Contracts for professional or technical services (e.g. engineering, architect) where the total estimated amount does not exceed $60,000. c. Contracts with non - profit entities for the goods or services provided by those receiving job training from the non - profit entity. d. Contracts with other governmental entities for goods or services. e. Contracts for road salt purchased through the State's road salt procurement program. B. Public Improvements 1. The City Manager or designee has the authority to execute public improvement contracts for which there is funding authority in the City Council's adopted budget that do not require public bidding because they do not exceed the "competitive bid threshold" established in Chapter 26 of the Iowa Code, as amended. 2. The City Manager or designee has the authority to award a contract, to execute a contract, to authorize work to proceed under a contract, or to approve the contractor's performance and payment bond for public improvement projects where the estimated total costs require the City to solicit competitive quotations pursuant to Iowa Code Section 26.14(2013), as amended. C. Claims 1. The City Manager or designee is hereby authorized to settle all claims not exceeding $20,000 against the City or by the City without further authorization by the City Council. In addition, the City Manager or designee is authorized to settle worker's compensation claims when the facts are not in dispute and the benefit payments are determined by statute and the rendering physician's impairment rating. D. Leases of Real Property The City Manager or designee is hereby authorized to negotiate, execute, renew and manage farm leases and security agreements for agricultural land the City may now own or later acquire, upon approval by the City Attorney's Office. Such farm leases shall be in writing, shall be for a period not to exceed one year, with possible renewals and subject to Iowa Code Sections 563.6 and 563.7. 2. In addition to farm leases the City manager or designee is hereby authorized to negotiate, execute and manage leases of real property to which the City is a party, as lessor or lessee, which are for a term of one year or less, upon approval by the City Attorney's Office. E. Indemnification Agreements for Police and Fire Training 1. The City Manager or designee, after consultation with the City Attorney and Risk Manager, is authorized to execute indemnity agreements for police and fire training on private property. F. Economic Development Opportunity Funds Resolution No. 14 -270 Page 3 1. The City Manager is granted administrative authority to make disbursements from the Economic Development Opportunity Funds with the following three stipulations: a. There is a $50,000 limit per expenditure to this authority, to be funded by account number 1000 - 457100 - 448070; and b. The use aligns directly with City Council's adopted Economic Development policies and strategies; and c. Reporting the use of any of the funds will occur at the first Economic Development Committee meeting following such disbursement, and again in an annual report. G. Economic Development - Towncrest The City Manager is granted administrative authority to execute Towncrest Urban Renewal Grant agreements, in a form approved by the City Attorney, for the Towncrest Facade Renovation Program and the Predevelopment Design Assistance Program. 2. Any such agreements shall be reported to the Economic Development Committee at the first Committee meeting following such disbursement, and again in an annual report. Passed and approved this 16th day of September , 2014 &a4z , / MAYOR p oved by City Attorney's Office Resolution No. 14 -270 ]gage 4 It was moved by Throgmorton and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 3d(7) Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5149 RESOLUTION NO 14 -271 RESOLUTION ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO A PERMANENT STORM SEWER EASEMENT AGREEMENT AND A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH JAMES M. SCHAFER AND MAUREEN M. SCHAFER FOR THE STORM SEWER AND STREAMBED IMPROVEMENTS PROJECT. WHEREAS, new storm sewer will be extended further into the property owned by James M. Schafer and Maureen M. Schafer for the Storm Sewer and Stream Bed Improvements Project; and WHEREAS, in order to provide for the maintenance of said storm sewer, the owners are willing to grant to the city a permanent storm sewer easement; and WHEREAS, fill material will be placed and new rip -rap will be installed along the streambed and banks immediately downstream of the storm sewer to restore a portion of the streambed which has been eroded due to the public storm sewer and to prevent erosion form occurring in the future within the property owned by James M. Schafer and Maureen M. Schafer for the Storm Sewer and Stream Bed Improvements Project; and WHEREAS, in order to provide for the grading, installation of the rip -rap, storm sewer and other improvements associated with the Storm Sewer and Stream Bed Improvements Project, the owners have agreed to dedicate to the City a temporary construction easement; and WHEREAS, Staff finds it in the public interest to accept the dedication of said easements and enter into the easement agreements with the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above - referenced permanent storm sewer easement is hereby approved and authorized. 2. Acceptance of the above - referenced temporary construction easement is hereby approved and authorized. 3. The Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication, including a temporary construction easement agreement in a form approved by the City Attorney, and to record the same at City's expense. Passed and approved this 16th day of September 120 14 Resolution No. 14 -271 Page 2 ATTEST:. ClYYtff RK !�5� MAYOR App, ved by City Attorney's Office It was moved by Throgmorton and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Botchway g Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton pweng /masters/improvres.doc 1/11 Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5413 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY PUBLIC WORK EXTERIOR WASHOUT, PCC ACCESS ROAD AND STORM SEWER I PROVEMENT PROJECT. WHEREAS, responsible bid of $. WHEREAS, the bid incl WHEREAS, funds for this 3956. of for construction of the above -named the base bid and Alternates # are available in the Public 09 -16 -14 3d(8) submitted the lowest ect; and and Facility Site Work account # NOW, THEREFORE, BE IT RESOLVED BY THE CITY OUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of ,toe abov -named project for the base bid plus Alternates # �, is hereby awarded to bject to the condition that awardee secure adequate performance and payment bond, i t -Cance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign Ale contract fqr construction of the above -named project and the Contractor's Bond, su 'ect to the condition that awardee secure adequate performance and payment bond, ins ance certificates, a*md contract compliance program statements. 3. The Public Works Director is necessary in the construction Passed and approved this ATTEST: CITY CLERK )u orized to execute change orders as they may become f he above -named project. day of -120 MAYOR Approved by City Attorney's Office It was moved by z and seconded by the Resolution be adopted, and upon rol call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton pweng \masters\awrdcon.doc 9/14 Publish 8/25 NOTICE TO BIDDERS PUBLIC WORKS COMPLEX EXTERIOR WASHOUT, PCC ACCESS ROAD AND STORM SEWER IMPROVEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 11th day of September, 2014. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 16th day of September, 2014, or at special meeting called for that purpose. Contractors are encouraged to attend the pre -bid meeting being held on site in the Iowa City Streets Administration Building, 3800 Napoleon Lane on the 29th day of August, 2014 at 10:30 A.M. The Project will involve the following: New construction of a 3 -stall exterior vehicle washout facility, approximately 480' linear feet of a 30' wide PCC Access Road, associated storm sewer and mass grading. The exterior washout includes a concrete pad for the placement of an asphalt emulsion tank and utility extensions including mechanical, electrical and plumbing / piping systems. All work is to be done in strict compliance with the plans and specifications prepared by Kueny Architects, of Pleasant Prairie, Wisconsin, and by the City of Iowa City which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 63 Specified Start Date: September 17, 2014 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the City of Iowa City, Engineering Division, 310 E. Washington Street, Iowa City, Iowa 52240 by bona fide bidders. A $50 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Treasurer, City of Iowa City and will be refunded upon the return of unused plans and specifications to the City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281 -5796 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK -S (I NOTICE TO BIDDERS WILLOW CREEK STREAMBANK RESTORATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 3rd day of September, 2014. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 16th day of September, 2014, or at special meeting called for that purpose. The Project will involve the following: Bank stabilization improvements including clearing and grubbing of brush and small trees, reshaping stream banks and installing rip -rap. Remove, store, and replace one 50 ft pedestrian bridge. Install new storm sewer drainage structure and storm sewer. Remove and dispose of debris and repair damaged sidewalks and trails. All work is to be done in strict compliance with the plans and specifica- tions prepared by the City of Iowa City, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. There will be a mandatory Pre -Bid Meeting on Tuesday, August 26, 2014 at 10:00 A.M. local time, at the Engineering Conference Room, City Hall, 410 East Washington Street, Iowa City, Iowa 52240. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provi- sions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: October 1, 2014 Specified Completion Date: May 15, 2015 Liquidated Damages: $100 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Engineering, 410 East Washington Street, Iowa City, Iowa, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281 -5796 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 3d(9) womimm Prepared by: Jason Reichart, Public Works / Engineering, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5416 RESOLUTION NO. 14 -272 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WILLOW CREEK STREAMBANK RESTORATION PROJECT. WHEREAS, Carter and Associates, Inc. of Coralville, Iowa, has submitted the lowest responsible bid of $97,988.00 for construction of the above -named project; and WHEREAS, funds for this project are available in the 04/13 Flooding - Stormwater account # M3627 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above -named project is hereby awarded to Carter and Associates, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 16th day of September , 20 14 Approved by ATTEST:�i� CITY CLERK City Attorney's Office .7(.?//q It was moved by Throgmorton and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Dickens X. Dobyns X Hayek X Mims X Payne X Throgmorton pweng\masters\awrdcon.doc 9/14 CITY OF IOWA CITY MEMORANDUM i09-16-14 3e(1) To: Tom Markus, City Manager From: Wendy Ford, Economic Development Coordinator Date: September 4, 2014 Re: September 16 City Council Agenda Item: Resolution of Necessity for Sycamore & First Avenue Urban Renewal Area Amendment #2 Introduction A Resolution of Necessity initiates the legislative process for the City to engage in certain urban renewal projects in urban renewal areas. Following the adoption of a Resolution of Necessity, the City holds a consultation with the other local taxing jurisdictions and a public hearing before a vote on whether or not to adopt the plan. History /Background The Sycamore and First Avenue Urban Renewal Area was created in 2000 to enable City assistance in the renovation of the decades -old Sycamore Mall and the area surrounding it. Property values had fallen and vacancies were on the rise before the City participated in a TIF rebate agreement with the owner group that had recently purchased the Mall. One of their performance requirements was to maintain an anchor tenant or forfeit the TIF. The Mall owners met all requirements and satisfied the terms of the development agreement. Amendment #1 in 2003, added more land to the area in expectation of economic development projects associated with the industrial businesses there. To date, there have been no urban renewal projects with those businesses. Amendment #2 enables the consideration of an economic development project with the new owners of the Mall. At a later date, a development agreement for such a project would first be considered by the City Council Economic Development Committee and then by the full City Council. The likely project comes as a result of Von Maur's move to Coralville last year. That move caused some tenants to relocate and others to close completely. Those who remained have endured the lack of traffic created by not having an anchor store at the mall. It is imperative for the survival of a mall to have an anchor tenant since the other leases are relaxed if the anchor leaves. To have an anchor tenant requires an investment in tenant space improvements, which is the anticipated project. Discussion of Solution The Resolution of Necessity simply starts the process for the consideration of projects to be funded in part by the tax increment created by new property value in the district. The merits of financial participation in private development projects may only be considered by City Council after such projects are written into an urban renewal plan. Recommendation Staff recommends approval of the Resolution of Necessity to consider Amendment #2 to the Sycamore and First Avenue Urban Renewal Plan. Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 14 -273 RESOLUTION DETERMINING THE NECESSITY OF AND SETTING DATES OF A CONSULTATION (OCTOBER 3, 2014) AND PUBLIC HEARING (OCTOBER 21, 2014) ON A PROPOSED AMENDMENT #2 TO THE SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN, IN THE CITY OF IOWA CITY, IOWA WHEREAS, The City has previously determined the Sycamore and First Avenue Urban Renewal Area, as amended, to be designated for economic development and appropriate for various urban renewal projects; and WHEREAS, the City Council desires to amend the Urban Renewal Plan to add certain projects thereto; and WHEREAS, proposed Urban Renewal Projects under this amendment include the following: A Development Agreement for a project to provide financial assistance to improve the Iowa City Marketplace for a new anchor tenant; and WHEREAS, Iowa Code Chapter 403 requires the City Council to notify all affected taxing entities of the consideration being given to the Sycamore and First Avenue Urban Renewal Plan Amendment No. 2 and to hold a consultation with such taxing entities with respect thereto; and WHEREAS, Iowa Code Chapter 403 further requires the City Council to hold a public hearing on the proposed Sycamore and First Avenue Urban Renewal Plan Amendment No. 2 subsequent to notice thereof by publication and mail. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Section 1. That area designated for economic development, as defined in Chapter 403, Code of Iowa, exist within the City, and rehabilitation, conservation, redevelopment, development, or combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the City; and Section 2. That the consultation on the proposed Amendment No. 2 to the Sycamore and First Avenue Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held at 11:00 A.M. on Friday, October 3, 2014 in the City Manager's Conference Room, City Hall, Iowa City, Iowa. Wendy Ford, Economic Development Coordinator, is hereby appointed to serve as the designated representative of the City for purposes of conducting said consultation, receiving any recommendations that may be made with response thereto and responding to the same in accordance with Section 403.5(2). Section 3. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1), along with a copy of the proposed Sycamore and First Avenue Urban Renewal Plan, Amendment No. 2. Said notice shall be in substantially the following form: NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN, AMENDMENT NO. 2 FOR THE CITY OF IOWA CITY, IOWA Resolution No. 14 -273 Page 2 The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1) of the Code of Iowa, as amended, commencing at 11:00 A.M. on Friday, October 3, 2014 in the City Manager's Conference Room, City Hall, Iowa City, Iowa concerning a proposed Sycamore and First Avenue Urban Renewal Plan, Amendment No. 2, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the proposed Urban Renewal Area, and the duration of any bond issuance included in said Plan. The designated representative of any affected taxing entity may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. Wendy Ford, Economic Development Coordinator, as the designated representative of the City of Iowa City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Sycamore and First Avenue Urban Renewal Plan, Amendment No. 2, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this day of , City Clerk, Iowa City, Iowa (END OF NOTICE) Section 4. That a public hearing on the proposed Sycamore and First Avenue Urban Renewal Plan, Amendment No. 2 shall be held before the City Council on October 21, 2014 at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Section 5. That the City Clerk is authorized and directed to give public notice of this public hearing in the "Press- Citizen," once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing, and to mail a copy of said notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form: NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN, AMENDMENT NO. 2 IN THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa will hold a public hearing at its meeting on October 21, 2014 which commences at 7:00 P.M. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk to consider adoption of the Sycamore and First Avenue Urban Renewal Plan, Amendment No. 2 (the "Plan ") which adds the following projects to the Plan: A Development Agreement for a project to provide financial assistance to improve the Iowa City Marketplace for a new anchor tenant. A copy of the plan is on file for public inspection in the office of the City Clerk, City Hall, Iowa City, Iowa. The City of Iowa City, Iowa is the local agency which, if such Plan is approved, shall undertake the urban renewal activities described in such Plan. The general scope of the urban renewal activities under consideration in the Plan is to assist qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the plan Resolution No. 14 -273 Page 3 provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvement, and may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. Any person or organization desired to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the State Code of Iowa. Dated this day of s /Marian K. Karr City Clerk, Iowa City, Iowa (END OF NOTICE) Section 6. That the proposed Sycamore and First Avenue Urban Renewal Plan, Amendment No. 2 is hereby officially declared to be the proposed Sycamore and First Avenue Urban Renewal Plan, Amendment No. 2, referred to in said notices for purposes of such consultation and hearing and that a copy of said amendment shall be placed on file in the office of the City Clerk. PASSED AND APPROVED this 16 day of September, 2014. ATTEST: City Clerk City Attorney's Office .2 yIjV Resolution No. ]Page 4 14 -273 It was moved by Throgmorton and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Sycamore and First Avenue Urban Renewal Plan Amendment No. 2 City of Iowa City, IA Original Plan Adopted 2000 Amendment No. 1 -- 2003 Table of Contents Section 1 - Introduction Section 2 - Urban Renewal Goals and Objectives Section 3 - Proposed Urban Renewal Projects Section 4 - Debt Section 5 - Urban Renewal Plan Amendments Section 6 - Effective Period Section 7 - Repealer Section 8 - Severability Clause -2- SECTION 1- INTRODUCTION The Sycamore and First Avenue Urban Renewal Plan ( "Plan ") for the Sycamore and First Avenue Urban Renewal Area ( "Area ") was originally adopted in 2000 to address vacancy rates in the Sycamore Mall and other properties and the general decline of the property values in the area. Amendment #1 was adopted in 2003 to add more area to the Plan. This Amendment #2 does not change the goals for the Area, but rather allows the City to support an economic development project at the Iowa City Marketplace, formerly known as the Sycamore Mall. No land is being added to the Area by this Amendment #2. Except as modified by this Amendment, the provisions of the Sycamore and First Avenue Urban Renewal Plan, as amended, are hereby ratified, confirmed, and approved and shall remain in full force and effect. In case of any conflict or uncertainty, the terms of this Amendment shall control. SECTION 2- URBAN RENEWAL GOALS AND OBJECTIVES The goals of the plan remain unchanged: to formulate and execute a workable program using public and private resources to develop the Urban Renewal Project Area for retail, office, other commercial and industrial uses. SECTION 3 - PROPOSED URBAN RENEWAL PROJECTS Although certain project activities may occur over a period of years, in addition to the projects previously proposed in the Plan, as amended, the following proposed urban renewal projects are hereby added to the Plan: Economic Development: Project Date Estimated Cost Rationale A TIF rebate agreement 2014— $1,750,000 After the former anchor tenant was with mall owner, CORE 2015 compelled to relocate, other mall Sycamore Town Center, tenants left, relocated or sold their LLC to assist with the businesses, creating a steep decline cost of renovations in property value and a high rate of required for tenant vacancy. Securing new anchor improvements for new tenants will help ensure the long - anchor tenants. term viability of this development and increase the taxable valuation of the property. $1,750,000 -3- SECTION 4 - DEBT 1. FY 2014 constitutional debt limit: $233,415,950 2. Outstanding general obligation debt: $67,001,000 3. Proposed amount of loans, advances, indebtedness or bonds to be incurred: The specific amount of debt to be incurred for the Not to exceed Proposed Urban Renewal Projects has not yet been $1,750,000 determined. The Projects authorized in this Amendment are only proposed projects at this time. The City Council will consider each proposed project on a case -by -case basis to determine if it is consistent with the Plan and in the public's best interest. These proposed Projects, if approved, will commence and be concluded over a number of years. In no event will debt be incurred that would exceed the City's debt capacity. It is expected that such indebtedness, including interest thereon, may be financed in whole or in part with tax increment revenues from the Urban Renewal Area. Subject to the foregoing, it is estimated that the cost of the Proposed Urban Renewal Projects described above will be approximately as follows: SECTION 5 — URBAN RENEWAL PLAN AMENDMENTS If the City of Iowa City desires to amend this Plan, it may do so in conformance with applicable state and local laws. SECTION 6 - EFFECTIVE PERIOD This Urban Renewal Plan Amendment #2 will become effective upon its adoption by the City Council. Notwithstanding anything to the contrary in the Urban Renewal Plan, any prior amendment, resolution, or document, the Urban Renewal Plan shall remain in effect until terminated by the City Council, and the use of incremental property tax revenues, or the "division of revenue," as those words are used in Chapter 403 of the Code of Iowa, will be consistent with Chapter 403 of the Iowa Code. SECTION 7 - REPEALER Any parts of the previous Plan, as previously amended, in conflict with this Amendment are hereby repealed. SECTION 8 - SEVERABILITY CLAUSE If any part of the Amendment is determined to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the previously adopted Plan as a whole or the previous amendments to the Plan, or any part of the Plan not determined to be invalid or unconstitutional. -S- _09-16-77— r CITY OF IOWA CITY 3e(2) 4 441 MEMORANDUM DATE: September 8, 2014 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer re: 2014 Storm Sewer Improvements Project September 16, October 7 and November 4 Introduction: The City of Iowa City owns and operates the public storm sewer system within Iowa City. This sewer system is a significant capital asset for the city with portions dating back to the late 1800's. Both regular and preventative maintenance are important to provide safe and reliable stormwater drainage. History /Background: Each year, the City budgets $200,000 for maintenance work on the storm sewer system. This money is used for repairs to the storm sewer system throughout the City. This project was bid in April of this year, but the bids received were too high to recommend award. At that time it was decided to re -bid the project in the fall. Discussion of Solution: A storm sewer improvements project for 2014 has been re- designed and is ready to be bid again. Financial Impact: The total estimated cost of construction is $160,000. Funding will be provided by storm water utility revenues. Recommendation: Staff recommends proceeding with the project at the next city council meetings. September 16 - Set Public Hearing October 7 - Hold Public Hearing November 4 - Award Project cc: Rick Fosse, Public Works Director Daniel Scott, Project Engineer Prepared by: Kim Sandberg, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5139 RESOLUTION NO. 14 -274 RESOLUTION SETTING A PUBLIC HEARING ON OCTOBER 7, 2014, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2014 STORM SEWER IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Stormwater Utility account # 77770110S. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 7th day of October, 2014, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 16th day of September —120 14 ATTEST: CITY CLERK pwengVnasters \setph.doc 1111 MAYOR Approved by City Attorney's Office -7/1 114-1 Resolution No. 14 -274 ]gage 2 It was moved by Throgmorton and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims g Payne x Throgmorton 5C Prepared by: John Yapp, Development Services, 410 E. Washington St., Iowa City, IA 52240; 319 -356 -5252 (SUB14- 00015) RESOLUTION NO. 14 -276 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EVAN HEIGHTS, IOWA CITY, IOWA. WHEREAS, the owner, Allen Homes, filed with the City Clerk, an application for approval of the preliminary plat of Evan Heights, Iowa City, Iowa; and WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Evan Heights, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 16 day of Sept, 2014. MAYOR ATTEST: • XE',./ CITY CLERK Approved by City Attorney's Office It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton s \pcd \preliminary plat - resolution evan heights.docx h; To: Planning & Zoning Commission Item: SUB14 -00015 Lot 42 & 43, First and Rochester GENERAL INFORMATION: Applicant & Property Owner: Contact Person: STAFF REPORT Prepared by: John Yapp & Tim Hennes Date: August 21, 2014 Allen Homes PO Box 3474 Iowa City, IA 52244 Jesse Allen allenhomesincCc'�gmail.com 319- 530 -8238 Requested Action: Preliminary Plat approval Purpose: 10 Single- family Lots with 8 detached single family dwellings and 1 attached two family dwelling for a total of 10 dwelling units. Location: East side of First Ave, north of Hickory Trail Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District: File Date: 3.59 acres Undeveloped; Residential Single Family (RS -5) North: Undeveloped; ID -RS South: Residential; Low Density Multi - Family (RM- 12) East: Residential; Single Family (RS -5) West: Residential; Medium Density Planned Development (OPD -8) The Northeast District Plan identifies this property as residential Hickory Hill (C8) July 31, 2014 45 Day Limitation Period: September 14, 2014 4 BACKGROUND INFORMATION The subject property is approximately 3.59 acres in size, and contains a stream corridor and linear wetlands parallel to the stream corridor. The applicant and property owner, Allen Homes, is proposing a ten (10) lot subdivision. The proposal would result in 10 Single- family Lots with 8 detached single family dwellings and 1 two family dwelling (a zero -lot structure, with each unit on a separate lot) at the corner of First Ave and Hickory Trail, for a total of 10 dwelling units. The applicant held a good neighbor meeting for a previously submitted development proposal. The previous proposal received a significant amount of public input. The applicant is not planning on holding an additional good neighbor meeting. ANALYSIS Current Zoning The current zoning is Low Density Single Family Residential (RS -5) Compliance with Comprehensive Plan This property is in the Bluffwood Neighborhood of the Northeast Planning District. The Northeast District Plan discusses a largely single - family neighborhood with opportunities for duplex and zero -lot housing, and townhouses and small scale multi - family buildings located along arterial streets. The proposed subdivision is consistent with the Northeast District Plan and current zoning. Utilities The property fronts on First Ave and Hickory Trail. Water main exists in the First Ave right -of- way, and sewer mains exist along the east property line, and in the First Ave right -of -way. No new public streets or utility mains are proposed. Storm water management is accommodated in the regional storm water facility in Hickory Hill Park. Sensitive Areas: The property contains steep (18% to 25 %) and critical (25% to 40 %) slopes, and a stream corridor / wetland along the east property line. The applicant has submitted an application for preliminary plat approval and to be exempted from the requirements of the Sensitive Areas Ordinance. The Sensitive Areas Ordinance specifically exempts grading, clearing and development activities for single family and two family structures in situations like this where there are no common facilities or infrastructure required, and where the applicant demonstrates that there is no encroachment into a jurisdictional wetland, designated sensitive areas conservation tract or protected sensitive area (steep and critical slopes are not protected sensitive areas). The applicant has delineated the construction limits; this delineation shows that there will be no encroachment into the wetland / stream corridor. The site does not contain any conservation tracts. The exemption, therefore, has been administratively approved. Corps of Engineers acceptance of the wetland delineation is required prior to development activity (grading, clearing, etc.) on the property. PCD \Staff Reports\n 1st ave jesse alien rez14 -00005 staff report (2). docx 3 Access to First Ave The City's access management standards state: When land is being subdivided or resubdivided into lots intended for single- family or two - family uses, individual lot access to arterial streets is discouraged. [14- 5C- 5A(3d)]. Staff has discussed with the applicant the option of shared driveways for the single family lots. Because of the sloping topography along the frontage of the property, it will be difficult to construct shared driveways that can adequately serve each property (each property will be at a different elevation) without significant retaining walls and additional grading. Therefore, staff does not recommend a requirement for shared driveways in this case. Along arterial streets, access standards require at least 50 feet between driveways. The mechanism for deviation from access standards is a `minor modification' application which would be considered by the Building Official. Driveway location and spacing will be reviewed with the building permit for each lot. Access management standards state that on arterial streets there may not be an access within 150 feet of an intersection. This standard will affect the two - family structure at the corner of First Ave / Hickory Trail. For a two - family structure, each unit must be oriented to a different street (First Ave and Hickory Trail in this case). For access to the unit facing First Ave, the applicant will need to propose a rear / shared drive access off of Hickory Trail, or seek a minor modification from the 150 -foot requirement for access to First Ave. Neighborhood open space A subdivision of this size is required to dedicate 3,398 square feet of public open space or pay fees in lieu of (3.59 acres X.065 X 5 dwelling units X 2.22 persons per dwelling unit X 3 acre / per 1000 persons = .078 acres, or 3,398 SF). The Parks and Recreation Director has recommended fees in lieu of public open space dedication. Infrastructure fees: sanitary sewer and water main No sanitary sewer fees will be required. The water main fee was paid with the previous subdivision; therefore no water main fee is required. Staff Recommendation Staff recommends approval of SUB14- 00015, an application submitted by Allen Homes for a preliminary plat of Evan Heights, a 10 -lot subdivision located east of First Ave and north of Hickory Trail. ATTACHMENTS: 1. Location Map 2. Preliminary P Approved by: Doug Mo oy, Director► DepartmerV of Neighborhood and Velopment Services PCD\Staff Reports \n 1st ave jesse alien rez14 -00005 staff report (2).docx Wd L5:9Z :1 bTOZ /ET /9'r)MP*90-6uIuoZ\Z'Bd \did \9N3 \: i -` III ally. I ` �I o *�6 BSc iI z 00. Z o t� $� Ed Q QQ U F y£ �s a w I�EAE §§ E v� �BB�597Ea ��E E a� aitBE. � lily ��. { EaMkrMoowa. °� ® ..� 3:4 :k --- -. - - ---- �c `8 ;p 8 Fx n 'lot :5z< LLJ Q >O ?syy k9Y >— W :k --- -. - - ---- �c `8 ;p From: Synan, Ann <ann -synan @uiowa.edu> Sent: Wednesday, August 20, 2014 10:28 PM To: PlanningZoningPublic Cc: Synan, William J Subject: Agenda Item 8/21/14 Evan Heights Dear Members of Iowa City Planning and Zoning Commission: We are pleased and encouraged by Mr. Allen's application for a residential subdivision located at the northeast corner of First Ave and Hickory Trail. For over 20 years we have had the good fortune to reside here and raise our children in such a beautiful and serene setting. We appreciate Mr. Allen's efforts to work with the resident's of the Bluffwood neighborhood and truly hope that the future homeowners and residents can enjoy the beauty of this land and its surroundings. We understand that the intersection of Hickory Trail with First Avenue imposes certain constraints regarding access. If some consideration could be given toward nine residences instead of ten, whereby all vested interests are satisfied and a modification of the 150 -foot requirement and a rear shared driveway can be avoided, this would be greatly appreciated. We wish to extend our thanks to Planning and Zoning, The Iowa City Council, and Mr. Allen. Sincerely, Bill and Ann Synan 833 Cypress Court Iowa City r t,', .pad CITY OF IOWA CITY MEMORANDUM Date: August 29, 2014 To: Planning and Zoning Commission From: Sara Greenwood Hektoen, Assistant City Attorney Re: Evan Heights Subdivision At your August 21, 2014, meeting you asked for more information regarding the administrative decision to grant an exemption to the sensitive areas ordinance for the Evan Heights subdivision. This is a 10 -lot single family subdivision to be built at the northeast corner of 1st Avenue and Hickory Trail. This subdivision will not require the construction of any streets or other "common facilities ". It contains a stream corridor and wetland, which are considered protected sensitive areas'. Iowa City Code of Ordinances requires a developer to submit an application for sensitive areas review prior to performing any woodland clearing, grading or any development activity on tracts of land or portions of tracts of land where any regulated sensitive features specified in subsection B of this section exist, unless specifically exempted. (See 14 -51 -2 (A)). The exemptions are listed under 14- 51 -2C, which states in relevant part: The following uses, activities, and structures are exempt from the requirements of this article. However, an applicant must first apply for and obtain an exemption, prior to any woodland clearing, grading or development activity on a property. 3. Construction Of Single- Family Or Two - Family Residential Uses: Grading, clearing or development activities on a tract of land for the purpose of construction, landscaping or associated improvements for one single - family use or one two- family use are exempt from the requirements of this article, provided the development activities do not exceed a maximum total of twenty thousand (20,000) square feet in area, and provided there is no encroachment by said activities into a jurisdictional wetland, a designated sensitive areas conservation tract or protected sensitive area. A "tract" is defined as "[a]n abutting group of lots developed for a use or uses which share common facilities, e.g., off street parking, loading and driveways. A "tract" shall be considered a single lot in the application of the requirements of this title." Iowa City Code of Ordinances 14 -9A -1. The Evan Heights developer applied for an exemption pursuant to 14- 51- 2C(3). Staff considered this application, consulted with the City Attorney's Office, and determined that the lots in this subdivision do not constitute a "tract" because there are no shared common facilities. The grading, clearing or development activities will, therefore, be occurring for the purpose of constructing a single family house on each lot. ' The site also contains steep and critical slopes, but those are not considered "protected sensitive areas." August 29, 2014 Page 2 The applicant has satisfactorily demonstrated that the construction activities will not encroach on the protected sensitive areas, and therefore, the exemption was approved on the condition that the developer continue to meet the code exemption requirements. Attached hereto for your information is the exemption approval letter provided to the applicant's engineer. In an examination of subdivisions approved since the City adopted the sensitive areas development ordinance, staff found one other similar subdivision that could have qualified for the same exemption. In 2005, the "Lacy's Run" subdivision created three lots - two for single family homes and one outlot that contained steep and critical slopes. All of the infrastructure already existed. The applicant did not apply for an exemption, but instead submitted a sensitive areas site plan, which was approved administratively. Conclusion Evan Heights is a rare subdivision where there are no infrastructure requirements; the development activity on each lot will not disturb more than 20,000 SF; and there is no encroachment into jurisdictional wetlands or protected sensitive areas. Additionally, because a rezoning is not required, Council does not have the authority to impose conditions on the developer to address public needs directly caused by the rezoning. The developer applied for an exemption, and because this development meets the "exemption" criteria, the exemption was approved. August 14, 2014 Duane Musser, Principal MMS Consultants 1917 S Gilbert St Iowa City, IA 52240 Re: Evan Heights Dear Duane, it r 1 r +�3'Lot CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.lcgov.org I am in receipt of your request, on behalf of Jesse Allen, for an exemption from the Sensitive Areas Ordinance for the construction of single family and two family uses. The Sensitive Areas Ordinance (Section 14- 51- 2C(3)) allows for development activities for the purpose of single family or two family uses to be exempt from the sensitive areas requirements, provided development activities do not exceed 20,000 square feet in area per tract (lot), and provided there is no encroachment into a jurisdictional wetland, designated sensitive areas conservation tract, or protected sensitive area. The preliminary plat for Evan Heights identifies a construction limits line which indicates there will be no encroachment into the stream corridor and wetland on the east side of the property. Provided there is no development activity exceeding 20,000 square feet in area prior to the final subdivision approval of Evan Heights, and provided there is no encroachment into the wetland / stream corridor, I hereby approve your request for an exemption from the Sensitive Areas Ordinance requirements for the construction of single family and two family uses. As a reminder, Army Corps of Engineers acceptance of the wetland delineation is required prior to development activity on the property. Thank you, and please contact John Yapp at 356 -5252 or John- YappNowa- Citv.org with any questions. t Dept. of Veighborhood and De4opment Services Cc: JqTn Yapp Je se Allen Subject: FW: Lot located on Fist Ave and Hickory Trail (Evans Heights) meeting 9/4 Dear Planning and Zoning Committee, I appreciate your knowledge and concerns on the application of the preliminary Plat of Evan Heights. I feel The wetland buffer exemption should not be approved. The creek by this property does flood during heavy rains, the water goes into the back yards of the current homes. The property owner of the house closest to the drain for under the road, has made comments in the past of the drain being blocked and that they have to un block it so that they will not have flooding on their property. They removed debris every so often during the year. Please keep an open mind on the voting of this preliminary Plat. This is an unusual property that needs extra careful considerations. This property needs to be accommodating to the comprehensive plan 2013, nature and human traffic. Thank you for your time in reading this. Jennifer McDonald 855 Cypress Ct, Iowa City, Ia MINUTES PLANNING AND ZONING COMMISSION PRELIMINARY AUGUST 21 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, John Thomas, Charlie Eastham, Ann Freerks, Paula Swygard, Phoebe Martin, Jodie Theobald MEMBERS ABSENT: None STAFF PRESENT: John Yapp, Bob Miklo, Karen Howard, Sara Hektoen OTHERS PRESENT: Ron Amelon, Bruce McDonald (855 Cypress Ct.), Jennifer McDonald (855 Cypress Ct.), Jeff Clark (908 N. Gilbert St.) RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 7 -0 to recommend approval of REZ14- 00011, an application submitted by XJ -23 LLC for a rezoning of approximately .54 -acre of property from Intensive Commercial (CI -1) zone to Riverfront Crossings — Central Crossings (RFC -CX) zone at 201 E. Benton Street, 912 -914 S. Dubuque Street and designation of 914 S. Dubuque Street as a Historic Landmark. The Commission voted 7 -0 to recommend approval of REZ14- 00013, an application submitted by City of Iowa City for a rezoning of approximately 25.8 -acres of property from Central Business Service (CB -2), Central Business Support (CB -5) and Planned High Density Multifamily (PRM) zones to Riverfront Crossings — South Downtown (RFC - SD) zone and Riverfront Crossings — Central Crossings (RFC -CX) zone located south of Burlington Street in the South Downtown and a portion of the Central Crossings subdistricts of the Riverfront Crossings District. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Development Item SUB14 -00015 Discussion of an application submitted by Allen Homes for a preliminary plat of Evan Heights, a 10 -lot, 3.59 -acre residential subdivision located at the NE corner of First Avenue and Hickory Trail. Yapp showed the preliminary plat and location maps from an aerial view. He explained that the commission had received a planned development proposal for this a few months ago for 11 Planning and Zoning Commission August 21, 2014 - Formal Page 2 of 8 multi - family units. He stated that after consultation with the Commission and City Council the application was withdrawn and the applicant then submitted the current preliminary plat. Yapp explained that the current proposed plat is largely a single - family subdivision and is 3.59 acres and contains a stream corridor and linear wetlands along the east side of the property. He noted that 10 lots are proposed with eight detached single - family structures and the corner lot for zero - lot line or attached two -unit structure with each structure on its own lot. Yapp stated that this is permitted in the RS -5 zone. No new public streets or utilities are proposed. Yapp stated that stormwater management is accounted for in the regional stormwater facility in Hickory Hill Park. He also stated that the applicant submitted a request to be exempted from the requirements in the Sensitive Areas Ordinance. The ordinance exempts grading, clearing and development activities for single - family and two - family structures in situations where there are no common facilities or infrastructure proposed and the applicant demonstrates there is no encroachment into a jurisdictional wetland, designated conservation tract or a sensitive area. Yapp said that access management standards state that when land is being subdivided into lots intended for single - family or two- family uses, individual lot access to arterial streets is discouraged. Yapp noted that due to topography it would not be recommended to construct shared driveways, because each dwelling unit would be at a different elevation and require additional grading. Staff does not recommend the requirement for shared driveways. Yapp also stated that the other access management issue is that along arterial streets there should be 150 feet between an intersection and a driveway. This rule would affect the structure on lot 3 in which the applicant would either need to apply for a minor modification or construct a shared driveway off Hickory Trail to serve both lots 2 and 3. Yapp explained that staff finds that this subdivision meets the requirements of the subdivision code and recommends approval. Freerks stated that she had a couple questions. She stated that she has never known anyone to be exempt from the requirements of the Sensitive Areas Ordinance, and she stated that she was unsure as to why this was the route. Yapp responded and stated that this one is unusual because it is already zoned RS -5 and there are no public infrastructure improvements proposed. Freerks asked why this subdivision is different from any others and she asked for an explanation as to why this is different. Yapp said that the ordinance states that if there is less than 20,000 square feet of development the subdivision is exempt. Eastham said he believe that the ordnance says 20,000 square feet on a tract of land. Hektoen stated that the application shows that there would be less than 20,000 square feet of disturbed soil and therefor the application can be exempt. Freerks asked about the requirement for a 100 foot buffer from the wetlands. Hektoen stated that the buffer is required if the Sensitive Areas Ordinance applies. She continued that based on the language in the code the application qualifies for an exemption. Eastham then asked to go over the code which discusses the exemption. He stated that there is clearly development activity for more than 20,000 square feet in this subdivision. Hektoen explained that the exemption is for single family lots and when a lot is developed, and there is not disruption to 20,000 square feet of land, and there are no encroachments into the protected sensitive features, then the subdivision is exempt because there are no shared features between lots. Freerks asked what the difference is between other single family subdivisions, because the commission has never approved this before. Hektoen stated that this was the City Attorney's interpretation of the ordinance as it applies to this particular subdivision. She also stated that Doug Boothroy also allowed the exemption because the public infrastructure is already in place Planning and Zoning Commission August 21, 2014 - Formal Page 3 of 8 and there will not be a disturbance of sensitive features for the development of this subdivision. Freerks then referred back to a staff report from December and read a description of the Sensitive Areas Ordinance and then stated that based on the description she does not understand the difference. Hektoen stated that this is a different subdivision and the code states that unless otherwise exempt a subdivision needs to comply with the ordinance. She stated that based on the code the applicant has satisfied the requirements for exemption. Freerks stated that she is concerned that standards would not be applied uniformly between subdivisions. Eastham stated that he is also confused and echoes Freerks' concerns. He asked for clarifications on the wetland delineation. Yapp stated that a wetland has been delineated. Eastham then stated that the ordinance, as he understands it, would then require a 100 foot buffer. Hektoen stated that the buffer does not apply on this property because it is exempt from the ordinance. Yapp stated that this subdivision is different because no new infrastructure is needed. Typically new infrastructure is needed and therefor more than 20,000 square feet is disturbed and would not be qualified for an exemption. Eastham asked if staff has calculated the exact amount which would be disturbed as a result of this development. Yapp replied that staff had not because the applicant satisfied the requirements for exemption. Freerks stated that she fears that a precedent will be set that they will not want to follow. Freerks said if this is a loophole in the sensitive areas ordinance, then we should go back and correct this. Thomas asked if actual speed was known for First Avenue. Yapp stated that posted speed is 25 miles per hour. Yapp stated that he would need to look it up, but thought that downhill it was low to mid 30's and uphill it's in the high 20's. Thomas asked the roadway width. Yapp stated that it is a two -lane 31 -foot wide street. Dyer asked if there is room on Lot 1 100 feet from the stream to build a house. Yapp said there was not. She then asked if Lot 1 would be liable to flood. Yapp stated that it is not in the stream corridor itself and that he did not believe it was liable to flood. Freerks opened public discussion. Ron Amelon of MMS Consultants introduced himself on behalf of the developer. He addressed the flooding issue and stated that based on their requirements for structure elevation, the subdivision would not flood. The lowest openings on the structure are set at one foot above flood elevation. He stated that in relation to the Sensitive Areas Ordinance, the reason this subdivision is exempt is because no public infrastructure improvements are being installed. He said the exemption says anything less than 20,000 and that is the amount of two lots. Freerks asked if he was breaking down the disturbance down to individual lots. Amelon agreed. Thomas asked what flood level Amelon was referring to. Amelon said they would calculate that. Freerks ask if he could address why they won't have shared driveways. Amelon responded that there would be about 8 feet of elevation difference between the homes as you go down the street so it would be difficult to share driveways. There would need to be retaining walls. Bruce McDonald introduced himself as a resident at 855 Cypress Ct. which is located on the northwest corner of this plat. He stated that he is pretty happy with the proposed subdivision but he would like to see the types of homes that would be constructed. He stated that he would prefer shared driveways. He also stated that in regards to flooding, he did not believe that a house constructed on Lot 1 would flood, but if there is a full basement that could be problematic. Planning and Zoning Commission August 21, 2014 - Formal Page 4 of 8 He stated that during heavy rain events the neighboring creek can flood. He did think that flooding should be taken into consideration. Jennifer McDonald introduced herself as a resident at 855 Cypress Ct. and she stated that she heard at their neighborhood meeting that the single - family homes were not feasible and so she was confused when single - families are now proposed. She stated her concerns about flooding on Lot 1 during heavy rain events. Freerks closed public discussion. Thomas moved to recommend approval of REZ14- 00015, an application submitted by Allen Homes for a preliminary plat of Evans Heights, a 10 -lot subdivision located east of First Ave and north of Hickory Trail. Martin seconded the motion. Eastham stated that he would like to review the discussion of the wetland buffer. He asked if there were a 100 foot buffer, would that affect the ability to build on Lot 1. Yapp stated that if it were required the buffer would make it difficult to develop Lot 1. Eastham said that wetland buffers have been reduced in the past. Yapp stated that reduction in the buffer is not permitted where a wetland is located within a stream corridor. Eastham then asked staff to review why a buffer is required in most cases. Yapp stated that in most cases a buffer is required to prevent paving and structures close to the wetland and also to allow for wetland and prairie vegetation which would typically be planted in the buffer, which helps protect the wetland. Eastham said the buffer would also apply to the eastside where a lot of the vegetation has already been removed. Yapp said the area to the east was developed prior to the adoption of the Sensitive Areas Ordinance. Freerks stated that she has concerns about this and that she would prefer to defer this and come up with other solutions regarding the buffer. She said that applying the buffer would eliminate Lot 1, still allowing significant development. She also is concerned about the number of driveways onto First Avenue. Martin said she preferred the previous proposal that clustered development away from the wetlands. She does not like this proposal, but the masses have spoken and they prefer this amount of paving so she would vote for this. Theobald said her first home was situated similar to this (Lot 1), and the first time it rained the area flooded. She would support deferral. Thomas stated that he would like to see staff come back with more information in regards to how this subdivision complies. He would not support changing the rules if this is found to be exempt. Hektoen said she would provide more information, but it is unlikely that the City Attorney's opinion will change. Eastham said he would like to see this deferred. He did not recall any case when the 20,000 was considered on a per lot basis. He wanted to understand how the exemption clause interpretation was arrived at. He asked if Thomas would withdraw his motion. Thomas withdrew his motion to approve. Martin seconded. Eastham moved that REZ14 -00015 be deferred to the September 4, 2014 meeting. Theobald seconded the motion. Freerks said she was concerned about flooding on Lot land would encourage that it be Planning and Zoning Commission August 21, 2014 - Formal Page 5 of 8 removed from the subdivision. Eastham said he would not rule out approving a plan that includes Lot 1. Dyer said she was concerned about Lot 1 in relation to the buffer and stream. She would prefer that it be eliminated and the area be added to the back of lots 2 and 3. A vote was taken and the motion carried 7 -0. Rezoning Item REZ14 -00011 Discussion of an application submitted by XJ -23 LLC for a rezoning of approximately .54- acre of property from Intensive Commercial (CI -1) zone to Riverfront Crossings — Central Crossings (RFC -CX) zone at 201 E. Benton Street, 912 -914 S. Dubuque Street and designation of 914 S. Dubuque Street as a Historic Landmark. Miklo stated that as noted there are three individual lots involved in this application. There is currently an office building which is in the process of being dismantled on the corner lot, the center lot is vacant, and the southern lot includes the Tate Arms building at 914 South Dubuque Street. Miklo showed the office building and the Tate Arms from an aerial view. Miklo then showed the commission photos of the Tate Arms. Miklo explained that there are two parts to this application. The first part is to rezone the area to Riverfront Crossing — Central Crossings, which allows mixed -use development. He stated that the second aspect is to designate the Tate Arms as a Historic Landmark. If approved that would require Historic Preservation Commission approval for any changes to the exterior. It also provides some zoning incentives, which would allow transfer of development rights to the remainder of the property and consideration of reduction in parking requirements. The property is in the 500 year floodplain so any development would have to comply with the floodplain regulations. Miklo stated that the Historic Preservation Commission reviewed the application last week. The Commission deemed the property to be worthy of Historic Landmark status. The designation is not so much a result of the architecture but instead of the history of the building. Miklo stated that the building functioned as a rooming house for African American students from the 1930's to the 1960's. He said a detailed report on the significance of the building was included in the meeting packet. Miklo stated that staff recommends approval for the both the zone change to the Riverfront Crossings zone and the designation as a Historic Landmark. Martin asked if landmark status would require upkeep to the interior of the house. Miklo stated that the historic preservation regulations only apply to the exterior of the property. Freerks opened public discussion. Jeff Clark stated that he is representing the owner XJ -23. He stated that he has been working with staff. He also stated that the intention is to turn the Tate Arms into a duplex and construct multifamily dwelling units on the vacant lot. He stated that the multifamily building will be 30 to 40 feet away from Tate Arms and between four and five stories. He also stated that the multi- MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION SEPTEMBER 4 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Paula Swygard, Phoebe Martin, Jodie Theobald MEMBERS ABSENT: John Thomas STAFF PRESENT: John Yapp, Sara Hektoen OTHERS PRESENT: Ron Amelon, Becky Soglin (65 Rita Lyn Ct) RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 1 -5 to recommend approval of SUB14 -00015 an application submitted by Allen Homes for a preliminary plat of Evan Heights, a 10 -lot, 3.59 -acre residential subdivision located at the NE corner of First Avenue and Hickory Trail. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There were none. Development Item SUB14 -00015 Discussion of an application submitted by Allen Homes for a preliminary plat of Evan Heights, a 10 -lot, 3.59 -acre residential subdivision located at the NE corner of First Avenue and Hickory Trail. Yapp showed the preliminary plat and location maps from an aerial view for the proposed subdivision. Yapp explained that this is the second meeting the commission has seen the current proposed plat which is largely a single - family subdivision and is 3.59 acres. He noted that 10 lots are proposed with eight detached single - family structures and the corner lot for a zero -lot line or attached two -unit structure with each structure on its own lot. Yapp stated that this is permitted in the RS -5 zone. Yapp explained that at the last meeting the Commission questioned the interpretation of the sensitive areas ordinance. Hektoen from the City Attorney's Office has provided the Commission with a memorandum explaining the exemption process in the sensitive areas ordinance and refers to a letter from the Director of the Neighborhood Development Services Department granting that exemption for Planning and Zoning Commission September 4, 2014 - Formal Page 2 of 5 construction of single - family and two family structures. Yapp then distributed the letter to the commission for review. Freerks questioned the first paragraph of the Hektoen memo because it refers to a stream corridor and wetlands which are considered protective sensitive areas with a footnote that says that the steep and critical slopes are not considered sensitive protected areas. Freerks asked for an explanation since they'll fall within the same category and will now be allowed to be disturbed. Hektoen explained that per definition in the code steep and critical slopes are not protected areas and are allowed to be disturbed. Yapp stated that the slopes that are protected are 40% or steeper which are defined as Protected Slopes. Freerks had Yapp confirm that the slopes in this case are not 40% or steeper. Eastham asked Yapp to once again review the purpose of the provisions in this sensitive ordinance area that provide for establishing up to 100 foot buffer zone between development activities. Yapp explained that the purpose of the wetland buffer is to protect the wetland by not allowing any structures or paving within that buffer and then to encourage the planting of wetland friendly vegetation. Freerks opened public discussion. Ron Amelon from MMS Consultants presented on behalf of the developer. Amelon stated that this proposal is based on feedback from previous commission meetings, and feedback from surrounding citizens requesting a single family development. Freerks asked about Lot 1. Yapp stated that a 'minimum low opening' will need to be designated so if the stream overflows it would help protect the house on Lot 1. Amelon confirmed that the plan was to establish the minimum opening elevation, which means that the lowest elevation of a window or door of the house will be above the sidewalk of the street such that whenever the rain causes water backup, even if it gets over the top of the road, it protects water from getting into the home. Eastham questioned if the area was in the city's water flood hazard area, and Yapp confirmed that the area is not in a flood plain, and is not subject to the flood plan ordinance. Eastham then questioned the distance between construction line limit and the edge of the wetlands area. Amelon answered that the construction area is 30 feet from the edge of the wetland area. Becky Soglin a resident of Iowa City spoke about her concern regarding the granting of the exemption to the SAO (sensitive areas ordinance) for this subdivision as it seems like the decision ignores the intent of the SAO and is concerned about how this could set precedent for future analysis from this particular case and if there's a loophole in how a tract is defined, and /or when shared infrastructure exists it seems that it should be corrected and considered in the commission's decision tonight. Soglin questioned if the area is a tract, because the Assistant Attorney's memo states it is not a tract because they're no shared common facilities that gives three examples of the street parking, loading, and driveways. Presumably there are other features that could be shared common facilities. Although Planning and Zoning Commission September 4, 2014 - Formal Page 3 of 5 in the Code there was no explicit definition of that list but questioned if a shared electrical transformer which serves two or three houses would be considered a common facility. Soglin then stated if it this development is not considered a tract, the construction line should be questioned, and separate construction access and storage, which doesn't make economic sense, should be considered. Theobold posed a question to Yapp regarding the mailbox cluster for this subdivision. Yapp confirmed that the 10 lots will have one mailbox cluster where lot 1 meets lot 2. Freerks closed the public discussion. Freerks question if there were a grading plan. Yapps stated that they did receive a grading plan for the sidewalks. Swygard moved to approve SUB 14 -00015 a preliminary plat of Evan Heights a 10 lot subdivision east of First Avenue and north of hickory trail. Martin seconded the motion. Freerks raised the question concerning how a tract is being defined stating that in the report the plat is not described as a tract, but the exemption states it is for activities on a tract of land. So Freerks questioned using an exemption for a tract of land when this is not considered a tract. Additionally Freerks questioned the exemption being from the zoning code, when this situation is not changing zoning, but rather should be from the subdivision regulations. Eastham raised the question regarding the construction line limit that the applicant agreed to on the preliminary plat which is drawn at a 30 foot buffer from the stream edge which is the buffer required by the sensitive area ordinance unless there is an exemption and asked for clarification if that staff is saying that this application is exempt from that buffer. Yapp stated that the ordinance does not allow development activity to encroach into protected sensitive areas of wetlands and stream corridors. The construction limits line was requested for this plat to protect the wetlands and stream corridor, which the applicant agreed to. Hektoen stated that the exemption has already been administratively approved, and is not a question on appeal before the Commission tonight. If the Commission so desires, they can recommend that the sensitive areas ordinance exemption provisions be amended to clarify its applicability to subdivisions of this nature. Freerks still questioned the exemption being for a tract of land, whereas this plat was not a tract of land. Hektoen replied that each lot is considered a tract of land in the situation of this exemption. A vote was taken and the motion was failed 1 -5 (Martin voting affirmative). Consideration of Meeting Minutes: August 21, 2014 Meeting minutes approved 6 -0 with minor amendments. PLANNING AND ZONING INFORMATION Subdivision Item SUB14- 00015: Discussion of an application submitted by Allen Homes for a preliminary plat of Evan Heights, a 10 -lot, 3.59 -acre residential subdivision located at the NE corner of First Avenue and Hickory Trail. CITY OF IOTA CITY M Irk[, , • I1 E L yyt 1 v1� Eft' SITE LOCATION: 1st Avenue & Hickory Trail i; f i. � 17 SUB14 -00016 PRELIMINARY PLAT EVAN HEIGHTS IOWA CITY, IOWA 4aii i'. m, >n mNJ,N V'm 6NiT M SO Ionndn.N Vw i fill M4 1 LOCATION MAP Q�IIM:IAJI .M MWA AV:SN�I�J3 aV:s'h4 �Ol!:4 T PREUMMY RAT EVAN HEIGHTS mm. MN�O:LiM'R FG S— Q— Marian Karr From: Marian Karr Sent: Tuesday, September 16, 2014 7:54 AM To: Marian Karr Subject: RE: Evan Heights subdivision From: Jennifer McDonald [mailto:jmcdonald @mchsi.com] Sent: Monday, September 15, 2014 7:14 PM To: Council Subject: Evan Heights subdivision Hello, I would like to address the subdivision called Evan Heights. There has been a lot of buildings going up on First Avenue. The people who live and drive the roads are tired of buildings that seem to sneak by the P & Z and City Council. They are being built now, too large on small, steep lots and causing a lot of dirt and other material to run off into the creek that goes thru Hickory Hill Park. Please do not let this happen to this property. My backyard backs up to the lots in question. There is a creek at the bottom of the hill, that floods every time there is a heavy rain. I believe this to be a concern for the subdivision. Lot 1 is in a questionable area, flooding? Traffic ?. Do we need to maximize the property? The neighborhood feels that the builder just wants as much profit from this land and is not really thinking about the environmental impact. Please take the time to make sure this is the right vote. Since the P & Z commission denied this subdivision, that calls a red flag to me. Remember the comprehensive plan to balance the neighborhood, and not put as many units up on each property. Sincerely, Jennifer McDonald 855 Cypress Ct Iowa City, IA ,S—C Marian Karr From: Synan, Ann <ann -synan @uiowa.edu> Sent: Monday, September 15, 2014 10:57 PM To: Matt Hayek; Susan Mims; Kingsley Botchway; Rick Dobyns; Jim Throgmorton; Terry Dickens; Michelle Payne Cc: Council; Synan, William J Subject: Item 5C "Resolution Approving the Preliminary Plat of Evan Heights" September 16, 2014 Formal Meeting Importance: High Dear Mayor Hayek and Councilors Mims, Botchway, Dobyns, Throgmorton, Dickens and Payne, At the September 4, 2014 meeting of the Planning and Zoning Commission the recommendation was made by the Commission that the preliminary plat for Evan Heights be denied. Considerable concern has been expressed by members of the Planning and Zoning Commission regarding building a home on Lot #1 in the proposed subdivision, due to encroachment into the sensitive area adjacent to the stream. According to the minutes of the August 21 st Planning and Zoning Commission meeting, there is significant concern regarding the proposed exemption from the requirement of the Sensitive Areas Ordinance. The ordinance states that if there is less than 20,000 square feet of development on a tract of land then the subdivision is exempt from the ordinance. Yet -- it appears that there will be more than 20,000 square feet of development on this 3.59 acre tract of land. We are concerned about the ambiguous interpretation of the Sensitive Areas Ordinance with regard to this proposed subdivision. Is the City Attorney interpreting the ordinance such that each individual lot in the proposed subdivision, #'s 1 -10, is an individual tract of land? Our understanding is that a tract of land is a single piece of land that is being subdivided into individual lots. It was mentioned in the August 21 st minutes that in order to be exempt from the Sensitive Areas Ordinance no new infrastructure would be required and less than 20,000 square feet of land would be disturbed. Commissioner Eastham asked the Planning and Zoning staff if they had calculated the amount that would be disturbed as a result of the proposed development. The staff replied it had not, saying that the applicant had satisfied the requirement for exemption. How can you know that the requirement for exemption is satisfied if you don't know how many square feet of land are being disturbed? It appears that the primary issue of concern here is that Lot #1 is less than 100 feet from the stream that runs on the East side of the property. If Lot #1 is eliminated, as Commissioners Freerks and Dyer suggested, it seems that the problem could be resolved. We are appreciative of the progress that has been made in this process and hopeful that this last issue of lot #1 can be resolved. Sincerely, William and Ann Synan 833 Cypress Court Iowa City •I- -4 CITY OF IOWA CITY M EMORANDUM DATE: September 11, 2014 TO: Tom Markus, City Manager FROM: Kirk Lehmann, Neighborhood Services Intern Steve Long, Neighborhood Services Coordinator RE: September 16 City Council meeting agenda item: sale of UniverCity Neighborhood Partnership home Introduction On September 16, City Council will hold a public hearing and vote on a resolution authorizing the conveyance of 1111 E. Burlington St. as part of the UniverCity Neighborhood Partnership Program. Once this home is sold, the program will have 39 completed homes. 1111 East Burlington Street Under the UniverCity Neighborhood Partnership, the City proposes to sell 1111 E. Burlington St. for $193,000 plus carrying costs of $40,000. "Carrying costs" are all the costs incurred by the City to acquire, maintain and sell the home, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, and real estate taxes along with any costs in excess of $50,000 in rehabilitation expenses. City funds were used to rehabilitate and sell the home as a single - family owner occupied home to an income - eligible buyer. Renovations included electrical work, plumbing, newly refinished and repainted walls, reconfigured doorways, installation of central heating on the second floor, new light fixtures, a rehabilitated and enlarged bathroom, new carpet and refinished hardwood floors, and the installation of brand new appliances, cabinets and counters. The cost of renovations is not included in the sale price and forgiven once the homeowner has lived there for five years. The home must also be owner- occupied for 20 years. This turn -of- the - century house has 1,786 square feet of living space, including three bedrooms and two bathrooms. The buyer will receive down payment assistance in the amount of $15,000. Statement of Fiscal Impact The assessed value of 1111 E. Burlington St. at the time of purchase was $183,950 and the sale price is approximately $233,000. There will be no impact on the General Fund for ongoing operating expenses. Recommendation This home is located on a street where there are many rentals and after the renovation it has become an asset to its neighborhood and the community. Staff recommends approval of the resolution to authorize the conveyance of 1111 E. Burlington St. as part of the UniverCity Neighborhood Partnership program. 09 -16 -14 6 September 11, 2014 Page 2 1111 E. Burlington St. — before renovations 1111 E. Burlington St. — after renovations l �j III I• Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. RESOLU ON AUTHORIZING CONVEYANCE OF SINGLE FAMILY HOME LOCATED AT 1111 EAST BURLINGTON STREET. WHEREAS, the Unive ity Neighborhood Partnershipogram is a joint effort between the University of Iowa and th City to encourage home ow < rship and reinvestment in designated neighborhoods surroundin he University of Iowa; and/ WHEREAS, the City purchase rental units located fn designated neighborhoods surrounding the University of Iowa, rehabilitat \anrehabilitated , and then ,Ils them to income - eligible buyers; and WHEREAS, the City purchased a sin gle family home located at 1111 East Burlington Street, Iowa City; and WHEREAS, the City has received an offi principal sum of $193,000 (the amount th costs" of approximately $ , which a maintain it and sell it, including abstractin the home, mowing and snow removal, i $50,000 to repair and rehabilitate the h e WHEREAS, this sale would provide University of Iowa; and X purchase 1111 East Burlington Street for the y paid to acquire the home), plus the "carrying costs incurred by the City to acquire the home, ,recording fees, interest on the loan to purchase lities, al estate taxes, and any costs in excess of and ble housing in a designated area surrounding the WHEREAS, on September 2, /chearing the City Council adopt4o a Resolution proposing to convey its interest in 1111 East ton Street, authorizing '-public notice of the proposed conveyance, and setting the dd time for the public hearing,, and WHEREAS, following the pu on the proposed conveyance, the City Council finds that the conveyance is in the nterest. NOW, THEREFORE, BE I RESOLVED BY THE CITY COUNCIL OF\THE CITY OF IOWA CITY, IOWA, that: 1. Upon the directio of the City Attorney, the Mayor and the City Clerk are authorized to execute a warr ty deed conveying the City's interest in 1111 East Burlington Street, legally describe as Lot 13 of Subdivision of Oakes' Addition No. 1, Iowa City, Iowa. 2. The City Aft ney is hereby authorized to deliver said warranty deed,.,, o terry out any actions necessary to consummate the conveyance required by law. —4 c`a cn`""' 1 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -277 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1111 EAST BURLINGTON STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income - eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 1111 East Burlington Street, Iowa City; and WHEREAS, the City has received an offer to purchase 1111 East Burlington Street for the principal sum of $193,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $39,000, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on September 2, 2014, the City Council adopted a Resolution proposing to convey its interest in 1111 East Burlington Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1111 East Burlington Street, legally described as Lot 13 of Subdivision of Oakes' Addition No. 1, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 14 -277 Page 2 It was moved by Dobyns and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Passed and approved this 16th day of September , 2014. MAYOR ATTEST: Q CITY tLERK Approved by City Attorney's Office �-� CITY OF IOWA CITY - - CM 4 7 MEMORANDUM To: Tom Markus, City Manager From: Wendy Ford, Economic Development Coordinator Date: September 5, 2014 Re: Riverside Drive Urban Renewal Area Amendment #2 Introduction State Code requires an Urban Renewal Plan be amended to include any project for which the City Council may wish to consider financing with tax increment financing or entering into a development agreement as a financial partner. In recent months, two public and one private urban renewal projects in the Riverside Drive Urban Renewal Area have developed and this amendment would allow Council to consider financial participation in them. History /Background The Riverside Drive Urban Renewal Area was created in 2011 following the flood of 2008. It was originally named Riverfront Crossings Urban Renewal Area, and renamed in 2012 with Amendment #1 to clear up confusion with the greater Riverfront Crossings area (which is included in the City - University Urban Renewal Area) across the river to the east. Amendment #2 in the Riverside Drive Urban Renewal Area enables the City to undergo two infrastructure projects and to finance them with the tax increment created by new value in the district. It also allows for later Council consideration of financial assistance in a redevelopment which is aligned with other City goals. The municipal infrastructure projects include the construction of a pedestrian tunnel under the elevated railroad embankment on the west side of Riverside Drive and streetscape improvements along Riverside Drive. The pedestrian tunnel will enhance to the walkability of the neighborhood as it will create a safer, and more aesthetically pleasing pedestrian link to neighborhoods and employment centers nearby. The streetscape improvements in the Riverside Drive corridor will improve the attractiveness of the neighborhood and encourage investment which will increase the property tax base of the district. The City may also be asked to provide financial assistance for a redevelopment project with Emrico, LLC, on the site of the old Hartwig Motors car dealership. Plans are under development for a 96 unit residential building that will include a minimum of 10% of the units to be priced for the affordable housing market. The project is being designed consistent with the design standards of the Riverfront Crossings form -based code. Discussion of Solution The following paragraphs document the procedural requirements which have been completed for amending an Urban Renewal Plan: a) Resolution of Necessity September 5, 2014 Page 2 A Resolution of Necessity to consider Amendment #2 to the Riverside Drive Urban Renewal Plan was adopted by City Council ( #14 -249) on August 19, 2014. b) Consultation with Taxing Entities Notice of a consultation between the City of Iowa City and the affected taxing entities (the school district and the county) concerning the proposed Amendment #2 to the Riverside Drive Area was sent with individual letters of invitation to the meeting. The consultation was held on August 29, 2014, at 11:00 a.m. in the City Manager's Conference Room in City Hall. No representatives from the County or the School District attended and there was no correspondence following the consultation. c) Notice of Public Hearing On September 4, a Notice of the September 16 Public Hearing regarding Amendment #2 to the Riverside Drive Urban Renewal Plan was published in the Iowa City Press Citizen, meeting the requirement that the notice be published between 4 and 20 days prior to the public hearing. Recommendation All procedural steps have been completed and staff recommends adoption of Riverside Drive Urban Renewal Area Amendment #2. Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 14 -278 RESOLUTION APPROVING AMENDMENT NO. 2 TO THE RIVERSIDE DRIVE URBAN RENEWAL PLAN TO ADD PROPOSED URBAN RENEWAL PROJECTS. WHEREAS, on August 19, 2014, City Council adopted a resolution of necessity (Reso. No. 14 -249) contemplating an amendment to the Riverside Drive Urban Renewal Plan to facilitate consideration of new urban renewal projects, said amendment being the 2nd amendment thereto, and WHEREAS, in addition to the projects in the Riverside Drive Urban Renewal Plan, as previously amended, proposed Urban Renewal Projects under this amendment include additional private development agreements for Emrico, LLC, for the redevelopment of a former car dealership lot, and WHEREAS, this amendment also proposes additional public infrastructure projects, namely a pedestrian and bicycle tunnel through a railroad embankment and streetscape improvements on Riverside Drive; and WHEREAS, pursuant to Reso. No. 14 -249, consultation with affected taxing entities was duly held and all required responses to the recommendations made by the affected taxing entities, have been timely made as set forth in the report of the Economic Development Coordinator filed herewith and incorporated herein by the reference, which report is in all respects approved; and WHEREAS, pursuant to said Reso. No. 14 -249, a public hearing was held after due and proper notice of said public hearing was given, as provided by law, by timely publication in the Press Citizen. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. This Council finds that the Amendment No. 2 to the Riverside Drive Urban Renewal Plan conforms to the general plan for the development of the City as a whole; and. Section 2. That the Amendment No. 2 is hereby approved and adopted as the "Amendment No. 2 to the Riverside Drive Urban Renewal Plan "; and the City Clerk is hereby directed to file a certified copy of said Amendment No. 2 with the proceedings of this meeting. Section 3. That the Riverside Drive Urban Renewal Plan, as amended herein, shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Plan, as amended, or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Amendment No. 2 shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. -1- PASSED AND APPROVED this 16th day of September , 2014. ATTEST: City Nerk rl• �, ,� -2- Mayor Resolution No. 14 -278 Page 3 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Amendment No. 2 Riverside Drive Urban Renewal Plan City of Iowa City, IA Original Plan Adopted 2011 Amendment No. I Adopted 2012 Table of Contents Section 1 - Introduction Section 2 - Urban Renewal Goals and Objectives Section 3 - Proposed Urban Renewal Projects Section 4 - Debt Section 5 - Conformance with Land Use Policy and Zoning Ordinance Section 6 - Urban Renewal Plan Amendments Section 7 - Effective Period Section 8 - Repealer Section 9 - Severability Clause -2- r-a �# C _— SECTION 1- INTRODUCTION The Riverside Drive Urban Renewal Plan ( "Plan ") for the Riverside Drive Urban Renewal Area ( "Area "), as amended, is being further amended herein to add proposed projects to be undertaken within the Area. Originally adopted in 2011 as the Riverfront Crossings Urban Renewal Area, the Amendment #1 in 2012 changed the name of the Area to the Riverside Drive Urban Renewal Area. No land is being added to the Area by this Amendment #2. Except as modified by this Amendment, the provisions of the original Riverside Drive Urban Renewal Plan are hereby ratified, confirmed, and approved and shall remain in full force and effect. In case of any conflict or uncertainty, the terms of this Amendment shall control. SECTION 2- URBAN RENEWAL GOALS AND OBJECTIVES In addition to the goals and objectives stated in the original Plan, the City desires to enhance and continue to guide the development of a neighborhood that enjoys walkability and safety which are qualities that other neighborhoods have come to expect. To accomplish this goal, it is also important to provide housing opportunities at ranges of affordability attractive to a diverse population, including workforce housing, which will attract further investment in the neighborhood. SECTION 3 - PROPOSED URBAN RENEWAL PROJECTS Although certain project activities may occur over a period of years, in addition to the projects previously proposed in the Plan, as amended, the following proposed urban renewal projects are hereby added to the Plan: Public Improvements: Project Approximate Date Estimated cost Rationale Pedestrian tunnel: Create a 2015 -2018 Not to exceed Safety enhancement passage way for pedestrians $1,500,000 to increase the and cyclists through railroad walkability of embankment. neighborhood and separate pedestrian and bicycle traffic from state Highway 1. Streetscape improvements on 2015 -2018 Not to exceed Safety - enhancfhent Riverside Drive to improve the $200,000 to inclas e walkability safety and aesthetics of the of neigeFhoo' and i- length of state Highway 1 separate-Reds between Myrtle Avenue and US and bi cte tra is frgm 6 /Highway 1 intersection by state F� wayu,1. adding parkway and parkway -3 enhancements within the right- of-way. Total Not to exceed $1,700,000 2. Development Agreements: Project Date Estimated Cost Rationale Emrico Properties, Execute Not to exceed To assist with blight remediation L.L.C.: redevelopment of agreement $2,000,000 in efforts, to encourage and support vacant car dealership lot before tax increment development that will expand the to residential building 2016 financing taxable values of property within with 96 units, including consider each proposed project on a case -by -case basis to the Urban Renewal Project area; 10 units priced to serve determine if it is consistent with the Plan and in the public's best_T't-, and to assist with the provision of the affordable housing rill affordable housing. market. Additional Development Agreements: the City expects to consider requests for Development Agreements for projects that are consistent with this Plan, in the City's sole discretion. Such Agreements are unknown at this time, but based on past history, and dependent on development opportunities and climate, the City expects to consider a broad range of incentives as authorized by this Plan, including but not limited to land, loans, grants, tax rebates and other incentives. The costs of such Development Agreements will not exceed $5,000,000. 3. Planning, engineering fees, costs and attorney fees to support urban renewal projects Project Date Estimated cost Professional Fees as As needed Not to exceed $250,000 needed to support Proposed amount of loans, advances, indebtedness or bonds to urban renewal project be incurred: The specific amount of debt to be incurred for the Not to exceed SECTION 4 - DEBT 1. FY 2014 constitutional debt limit: $233,415,950 2. Outstanding general obligation debt: $67,001,000 3. Proposed amount of loans, advances, indebtedness or bonds to be incurred: The specific amount of debt to be incurred for the Not to exceed Proposed Urban Renewal Projects has not yet been $8,950,000 determined. The Projects authorized in this Amendment are R. only proposed projects at this time. The City Council will b consider each proposed project on a case -by -case basis to ., determine if it is consistent with the Plan and in the public's best_T't-, interest. These proposed Projects, if approved, will commence; rill a nd be concluded over a number of years. In no event will debl,. -4-v. F� be incurred that would exceed the City's debt capacity. It is expected that such indebtedness, including interest thereon, may be financed in whole or in part with tax increment revenues from the Urban Renewal Area. Subject to the foregoing, it is estimated that the cost of the Proposed Urban Renewal Projects described above will be approximately as follows: SECTION 5 - CONFORMANCE WITH LAND USE POLICY AND ZONING ORDINANCES Subsequent to approval of the Riverside Drive Urban Renewal Plan, in 2013, the City updated its comprehensive plan with the adoption of IC2030: Comprehensive Plan Update. The City also adopted the Downtown and Riverfront Crossings Master Plan, a district plan incorporated into the Comprehensive Plan. This district plan governs, in part, this Urban Renewal Area. This Urban Renewal Plan, as amended, is consistent with and in conformance with both the Comprehensive Plan and the district plan. In 2014, the City also adopted a form -based Riverfront Crossings zoning code. Properties located within the Urban Renewal Area may be rezoned to a Riverfront Crossings Zoning designation, which allows for commercial and mixed -use developments. Any rezoning of land within this Area will be consistent with the Comprehensive Plan, including the applicable district plan. SECTION 6 — URBAN RENEWAL PLAN AMENDMENTS If the City of Iowa City desires to amend this Plan, it may do so in conformance with applicable state and local laws. SECTION 7 - EFFECTIVE PERIOD This Urban Renewal Plan Amendment #2 will become effective upon its adoption by the City Council. Notwithstanding anything to the contrary in the Urban Renewal Plan, any prior amendment, resolution, or document, the Urban Renewal Plan shall remain in effect until terminated by the City Council, and the use of incremental property tax revenues, or the "division of revenue," as those words are used in ChaLger 403 of the Code of Iowa, will be consistent with Chapter 403 of the Iowa Code SECTION 8 - REPEALER --qCn Any parts of the previous Plan, as previously amended, in conftrc withJhis Amendment are hereby repealed. ~` SECTION 9 - SEVERABILITY CLAUSE If any part of the Amendment is determined to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the previously adopted Plan -5- as a whole or the previous amendments to the Plan, or any part of the Plan not determined to be invalid or unconstitutional. CM M sa �� M I ®, CITY O F IOWA C I T Y MEMORANDUM Date: September 10, 2014 To: Tom Markus, City Manager From: Bob Miklo, Senior Planner Re: Henry Sabin School Memorandum of Agreement Introduction: The Federal Emergency Management Agency (FEMA) has asked the City to participate in a Memorandum of Agreement (MOA) regarding mitigation of the demolition of Sabin School, a National Register eligible building. Background: The University of Iowa acquired the Sabin property as a part of the plan to replace the flood damaged School of Music. The University reached an agreement with Midwest One Bank to acquire the bank property formerly located on the west side of Clinton Street, where the new music school is now being constructed. As part of that agreement the University is required to provide a vacant Sabin property to Midwest One, which had planned to construct a new building on the property. Because the Sabin School is associated with a Federal undertaking, demolition of the building is subject to the Section 106 review process. FEMA asked the Iowa City Historic Preservation Commission to participate in this process. Given that the decision had already been made to remove the building, the Commission was specifically asked to suggest measures that might be undertaken to mitigate the loss of the historic structure. The proposed mitigation measures include salvaging the limestone archway entrances from the Sabin building for possible reassembly in the Riverfront Crossing Park. It is anticipated that the limestone arches will be used as an entry feature to the park, and will be accompanied by a display containing the history of Sabin School. In addition as part of the mitigation agreement, the University will fund a study of other properties within Riverfront Crossings to determine which buildings are eligible for the National Register of Historic Places. Financial Impact: The salvaged limestone material and the study of other historic properties will be provided to the City at no cost. There will be a cost to reassembling the archways in the park. The park consultants have been asked to incorporate the limestone archways into the design of the park, however the design and cost estimate are not available at this time. The City is not obligated to reuse the limestone if the cost of reassembly is determined to be too high. Conclusion: The decision to remove Henry Sabin School was made prior to the City being asked to participate in the process. The City has been asked by FEMA to be a signatory party to the agreement as a party sharing responsibilities in the completion of the mitigation by accepting salvaged architectural elements from the building prior to its demolition, and a survey and National Register evaluation of portions of the Southside neighborhood in the vicinity of Sabin School. The Historic Preservation Commission has participated in consultation as the agreement was developed and has indicated to FEMA that the HPC concurs with the mitigation as proposed. The resolution included in the agenda packet authorizes the Mayor and the Chair of the Historic Preservation Commission to sign the MOA, which provides the above described benefits to the City. Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5240 RESOLUTION NO. 14 -279 RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT (MOA) WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), THE STATE HISTORICAL SOCIETY OF IOWA (SHSI), IOWA HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT (IHSEMD), THE UNIVERSITY OF IOWA (UNIVERSITY), THE OFFICE OF THE STATE ARCHAEOLOGIST OF THE UNIVERSITY OF IOWA (OSA), AND THE CITY OF IOWA CITY (CITY) REGARDING THE RELOCATION OF THE UNIVERSITY'S SCHOOL OF MUSIC (UNDERTAKING), RESULTING IN DEMOLITION OF THE FORMER IOWA CITY COMMUNITY SCHOOL DISTRICT ADMINISTRATIVE OFFICE BUILDING, FORMERLY THE HENRY SABIN ELEMENTARY SCHOOL ( SABIN SCHOOL), LOCATED AT 509 SOUTH DUBUQUE STREET, IOWA CITY WHEREAS, the University purchased the Sabin School property and offered it as a purchase agreement option between the University and one of the sellers of the site selected for the relocation of the School of Music at the southwest corner of East Burlington and South Clinton Streets, in downtown Iowa City; and WHEREAS, FEMA determined the area of potential effects (APE) for the undertaking to relocate the School of Music extends to the Sabin School property; and WHEREAS, pursuant to the terms of the University's purchase agreement option with one of the two sellers of the relocation site selected for the School of Music, the University will deliver the Sabin School property to the seller with all buildings and structures razed; and WHEREAS, FEMA, in consultation with the SHSI has determined that Sabin School is individually eligible for listing in the National Register of Historic Places (NRHP) under Criterion A for its association with broad patterns of educational development in Iowa, and Criterion C for its Collegiate Gothic design; and WHEREAS, FEMA has determined that the undertaking will have an adverse effect on the above noted historic property, and that SHSI has concurred with this determination in accordance with the Programmatic Agreement for FEMA undertakings in Iowa executed October 16, 2009 among FEMA, SHSI, IHSEMD, and the Advisory Council on Historic Preservation (ACHP); and WHEREAS, FEMA has notified the ACHP regarding its intent to prepare an MOA to satisfy its Section 106 responsibilities pursuant to 36 CFR Part §800.6(a)(1), and the ACHP has declined to participate, pursuant to 36 CFR Part §800.6(a)(1)(iii); and WHEREAs, FEMA has invited the City and the City's Historic Preservation Commission (HPC), as parties sharing responsibilities in the implementation of Mitigation Measures stipulated in the MOA to become signatory parties to this MOA; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor and the Chairperson of the Iowa City Historic Preservation Commission (HPC) are hereby authorized and directed to execute the Memorandum of Agreement (MOA) regarding the former Henry Sabin Elementary School. Passed and approved this 16 day of Sept , 2014. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office It was moved by Mims and seconded by sotchway the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 7; i - � L _I I' C O SABIN SCHOOL Memorandum of Agreement r K - U.S. Department of Homeland Security Federal Emergency Management Agency FEMA -DR- 1763 -IA C/O Iowa Recovery Bureau Iowa Homeland Security and Emergency Management Department 7900 Hickman Road, Suite 500 Windsor Heights, Iowa 50324 Jam"\ y�r FEMA X511 Sty, September 29, 2014 Signatories and Concurring Parties to the Memorandum of Agreement regarding Adverse Effects to the Henry Sabin Elementary School and Archaeological Resources, University of Iowa (Distribution list attached) Re: FEMA -DR- 1763 -IA; Hancher Auditorium, Vozman Music Building, and Clapp Recital Hall — Permanent Relocation, University of Iowa, Johnson County, Iowa: Memorandum of Agreement Dear Signatories and Concurring Parties: Please find enclosed the Memorandum of Agreement (MOA) developed to resolve adverse effects to historic properties resulting from the proposed demolition of the Henry Sabin Elementary School, located at 509 South Dubuque Street, Iowa City, and archaeological resources encountered at the relocation site for the Voxman Music Building and Clapp Recital Hall (School of Music) at the southwest corner of East Burlington and South Clinton Streets in downtown Iowa City, resulting from FEMA's proving funds for the permanent relocation of the University of Iowa's School of Music and Hancher Auditorium. As a result of comments received during the MOA review period, a few minor changes have been made to the language of the MOA; however, no substantive changes were requested. Enclosed with the MOA are nine (9) copies of your organization's signature pages. Please sign all nine (9) signature pages and return them to the attention of Laura Carlson at the above address. Upon receipt of the signature pages, Teri Toye will provide all signatories and concurring parties with original signed copies of the MOA. FEMA appreciates your participation in the development of the MOA and our efforts to resolve adverse effects to historic properties under Section 106 of the National Historic Preservation Act. If you have any questions regarding the MOA, please do not hesitate to contact Ms. Toye at teri.toye @fema.dhs.gov or 816- 260 -0937. Encl. Sincerely, Kenneth G. Sessa Regional Environmental Officer FEMA Region VII www.fema.gov DISTRIBUTION LIST Kenneth Sessa Regional Environmental Officer U.S. Department of Homeland Security Federal Emergency Management Agency 9221 Ward Parkway, Suite 300 Kansas City, MO 64114 Thomas Costello Recovery Division Director U.S. Department of Homeland Security Federal Emergency Management Agency 9221 Ward Parkway, Suite 300 Kansas City, MO 64114 Steven T. King Deputy State Historic Preservation Officer State Historical Society of Iowa 600 East Locust Street Des Moines, IA 50319 -0290 Katie Waters State Public Assistance Officer Iowa Homeland Security and Emergency Management Department 7900 Hickman Road, Suite 500 Windsor Heights, Iowa 50324 Susan Klatt Director of Financial Management and Budget and University Secretary The University of Iowa 105 Jessup Hall Iowa City, Iowa 52242 John Doershuk State Archaeologist Office of the State Archaeologist of The University of Iowa 700 Clinton Street Building University of Iowa Iowa City, IA 52242 Matt Hayek Mayor City of Iowa City C/O Robert Miklo 401 E Washington Street Iowa City, IA 52240 Ginalie Swaim Chairperson Historic Preservation Commission City of Iowa City C/O Robert Miklo 401 E Washington Street Iowa City, IA 52240 Steve Frevert Board Member Representative Preservation Iowa C/O Downtown Partners, Inc. 610 N. Fourth Street, Suite 200 Burlington, IA 52601 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DEPARTMENT, THE UNIVERSITY OF IOWA, THE OFFICE OF THE STATE ARCHAEOLOGIST OF THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, REGARDING THE PERMANENT RELOCATION OF THE SCHOOL OF MUSIC, THE UNIVERSITY OF IOWA, IOWA CITY, JOHNSON COUNTY, IOWA WHEREAS, the U.S. Department of Homeland Security/Federal Emergency Management Agency (FEMA) proposes to administer Federal disaster assistance through FEMA's Public Assistance Program pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5121 -5207 (Stafford Act) through the Iowa Homeland Security & Emergency Management Department (IHSEMD) to the University of Iowa (University) for the permanent relocation of the University's Hancher Auditorium, Voxman Music Building, and Clapp Recital Hall (Undertaking), University of Iowa, Iowa City, Johnson County, Iowa, that were substantially damaged by flooding in June 2008, which resulted in declared disaster DR- 1763 -IA; and WHEREAS, FEMA determined the Area of Potential Effects (APE) for this Undertaking is limited to the two locations selected for the relocation facilities, as demolition of the original combined facility is considered a separate FEMA Undertaking; and WHEREAS, the University acquired the Iowa City Community School District Administrative Office Building, formerly the Henry Sabin Elementary School (Sabin School), located at 509 South Dubuque Street, Iowa City, and offered the Sabin School property as a purchase agreement option between the University and one of the sellers of the site selected for the relocation of the Voxman Music Building and Clapp Recital Hall (School of Music) at the southwest corner of East Burlington and South Clinton Streets in downtown Iowa City, therefore, FEMA determined the APE extends to the Sabin School property; and WHEREAS, FEMA, in consultation with the State Historical Society of Iowa's (SHSI) State Historic Preservation Office (SHPO) has determined that Sabin School is individually eligible for listing in the National Register of Historic Places (NRHP) under Criterion A for its association with broad patterns of educational development in Iowa, and Criterion C for its Collegiate Gothic design; and WHEREAS, pursuant to the terms of the University's purchase agreement option with one of the two sellers of the relocation site selected for the School of Music, the University will deliver the Sabin School property to the seller with all buildings and structures razed; therefore, FEMA has determined the Undertaking to relocate the School of Music, resulting in the demolition of Sabin School will constitute an Adverse Effect on historic properties, and the SHPO has concurred with this finding in accordance with the Programmatic Agreement among the U.S. Department of Homeland Security /Federal Emergency Management Agency, the State Historical Society of Iowa, Iowa Homeland Security and Emergency Management Department, and the Advisory Council on Historic Preservation, executed October 16, 2009 (Programmatic Agreement); and WHEREAS, in accordance with the Resolution of Adverse Effects for Historic Properties stipulation in the Programmatic Agreement, FEMA determined the Undertaking would be reviewed in accordance with 36 CFR §800.6, resulting in a Memorandum of Agreement (MOA); and WHEREAS, FEMA, in consultation with the SHPO determined the ground disturbing activities associated with the Undertaking were limited to areas that had been previously profoundly disturbed, or had been previously reviewed for archaeological potential, and were not likely to affect archaeological properties, therefore, archaeological survey work or archaeological monitoring was not required in advance of, or during site preparation and construction; and WHEREAS, during the course of demolition of two buildings and site preparation for construction of the School of Music at the southwest corner of East Burlington and South Clinton Streets, unexpected archaeological resources were encountered; and WHEREAS, after the discovery, the University stopped work and FEMA consulted with the SHPO in accordance with the Unexpected Discoveries stipulation in the Programmatic Agreement; and WHEREAS, the discovery was evaluated by the Office of the State Archaeologist of the University of Iowa (OSA), and the archaeological site was assigned site number 13JH1436, and the features encountered consisted of cisterns, building foundations, a well, and privy remnants, and the OSA recommended that a well identified on September 12, 2013, is eligible for listing in the NRHP under Criterion D for the potential of its well - preserved contents, along with primary documentary sources to contribute important information on the early history of Iowa City; and , WHEREAS, the OSA recommended avoidance or mitigation for this feature of Site 13JH1436, and because the well was located within a construction zone and avoidance was not a possibility, the OSA recommended mitigating the well's contents as soon as possible to allow construction to proceed, and that systematic research of the contents and primary sources would continue post- excavation, without interfering with the construction schedule; and WHEREAS, in addition to mitigating the well's contents, the OSA recommended archaeological monitoring during continued excavation on the lot that encompasses Site 13JH1436; and WHEREAS, based on the OSA's recommendations, FEMA, in consultation with the SHPO determined that because the archaeological site is significant for its information potential, Site 13JH1436 is individually eligible for listing in the NRHP under Criterion D; and WHEREAS, FEMA implemented the Unexpected Discoveries stipulation of the Programmatic Agreement, and FEMA identified the SHPO, IHSEMD, the University, and the OSA, as appropriate parties for this phase of consultation; and WHEREAS, pursuant to the Programmatic Agreement stipulation regarding adverse effects to archaeological resources; FEMA determined that removing the well's contents as soon as possible through controlled excavation and other scientific recording methods would be the most appropriate preservation outcome, and this would be followed by systematic research of the contents and primary sources to continue post- excavation, and FEMA indicated that additional potential consulting parties would be invited to participate, and this process would be memorialized in the MOA resulting from the anticipated demolition of Sabin School, and this proffered only minimal impacts to the construction timeline and was supported by all of the consulting parties; and WHEREAS, the SHPO further concurred with FEMA's finding of additional Adverse Effects to historic properties, and the SHPO further concurred with FEMA's recommended actions to take into account the effects of the undertaking for this historic property, consisting of data recovery and development of a Data Recovery Plan in consultation with potential consulting parties, and the SHPO further concurred with FEMA's requirement for archaeological monitoring during continued excavation School of Music Relocation - The University of Iowa - MOAJ Page - 2 - of 18 on the lot that encompasses Site 13JH1436, and further concurred with FEMA's recommendation to continue this approach for the treatment of additional significant archaeological features encountered at the construction site; and WHEREAS, as the controlled excavation took place, additional features were encountered including a small limestone foundation containing a large quantity of artifacts including a cache of Indian trade beads, and a privy remnant containing pre -1870s artifacts, and the OSA recommended that these features are contributing elements of site 13JH1436, and further recommended mitigating these features as soon as possible to allow construction on the lot to proceed; and WHEREAS, due to the presence of the Indian trade beads, FEMA notified the seven (7) Native American tribes that have expressed interest in Johnson County including the Sac and Fox Nation of Missouri in Kansas and Nebraska, Sac and Fox Nation, Oklahoma, Sac and Fox Tribe of the Mississippi in Iowa (Meskwaki Nation), Iowa Tribe of Kansas and Nebraska, Iowa Tribe of Oklahoma, Otoe- Missouria Tribe of Indians, Oklahoma, and the Santee Sioux Tribe, Nebraska in a letter dated December 20, 2013, which outlined the discovery and proposed steps to resolve the adverse effects to Site 13JH1436; and WHEREAS, the Otoe- Missouria Tribe of Indians, Oklahoma responded to FEMA's notification and requested additional information, and subsequently determined that their participation in consultation was not necessary; and WHEREAS, FEMA has determined the Undertaking to relocate the University's School of Music, resulting in the demolition of Sabin School, and the data recovery of Site 13JH1436 constitutes Adverse Effects on historic properties, and the SHPO has concurred with this finding in accordance with the Programmatic Agreement; and WHEREAS, FEMA, in a letter dated March 13, 2014, notified the Advisory Council on Historic Preservation (ACHP) regarding its intent to prepare a MOA to satisfy its Section 106 of the National Historic Preservation Act (NHPA) responsibilities pursuant to 36 CFR Part §800.6 (a)(1), and in a letter dated April 9, 2014, the ACHP has declined to participate, pursuant to 36 CFR §800.6(a)(1)(iii); and WHEREAS, FEMA, in consultation with the SHPO, identified potential consulting parties in addition to the referenced Native American tribes, IHSEMD, and OSA, including representatives of the University's faculty, staff, and students, the City of Iowa City (City), including the City's Historic Preservation Commission (UPC), Johnson County HPC, Johnson County Historical Society, Iowa City: Old Capitol Cultural District, Association of Iowa Archaeologists, Iowa Archaeological Society, Iowa City Community School District, Friends of Historic Preservation, Preservation Iowa, and the National Trust for Historic Preservation, and in a letter dated April 3, 2014, engaged with these groups in an effort to resolve the Adverse Effects of the Undertaking through the MOA negotiation process; and WHEREAS, in an effort seek public comment and input, FEMA published a notice on April 1, 2014 in the Iowa City Press Citizen regarding the proposed demolition of Sabin School and the discovery of Site 13JH1436, resulting in Adverse Effects to historic properties, which notified the public of a planned meeting and opportunity for involvement, and provided alternatives to the public meeting venue to provide input; and WHEREAS, FEMA conducted a public meeting regarding the Undertaking and its effects on historic properties on April 10, 2014 during an Iowa City HPC meeting; and School of Music. Relocation - The University of Iowa - MOAJ Page - 3 - of 18 WHEREAS, FEMA has invited IHSEMD as the Grantee, the University as the Sub - grantee, the OSA, the City, and the Iowa City HPC as parties sharing responsibilities in the implementation of the mitigation measures stipulated in this MOA to become signatories to this MOA pursuant to 36 CFR §800.6(c)(2); and WHEREAS, FEMA, in consultation with the SHPO, has invited Preservation Iowa to concur in this MOA, pursuant to 36 CFR §800.6(c)(3); and WHEREAS, all references to time periods in this MOA are in calendar days and notices and other written communications to FEMA may be submitted by e -mail; and NOW, THEREFORE, FEMA, SHPO, IHSEMD, the University, OSA, the City, and the HPC agree that the Undertaking shall be implemented in accordance with the following stipulations in order to mitigate the effect of the Undertaking on historic properties. STIPULATIONS To the extent of its legal authority and in coordination with the SHPO, IHSEMD, the University, OSA, the City, and the HPC, FEMA will require that the following measures are implemented: I. Mitigation Measures A. The University shall provide funds to the City, or the University may engage the OSA, to complete an intensive level historic and architectural survey (survey) and preparation of a nomination to the NRHP for the Southside neighborhood in Iowa City, as defined below, where the Sabin School is located. The following nine (9) steps are required to successfully complete the survey and NRHP nomination, and must be concluded within eighteen (18) months from the date of execution of this MOA. 1. Within thirty (30) days following execution of this MOA, the University shall participate in a meeting among FEMA, SHPO, IHSEMD, the City, and representatives of the UPC to discuss the requirements of the MOA specific to the successful and timely completion of the survey and NRHP nomination. Prior to the commencement of the survey, the University must inform FEMA of its intent to provide funds to the City, or complete the survey work with OSA staff. 2. The City shall award a contract to the consultant of the City's choice, or the University shall engage OSA staff to complete the survey, provided that the consultant or OSA staff is qualified under the Secretary of the Interior's Professional Qualification Standards for Historian and/or Architectural Historian as determined by FEMA. 3. The geographic parameters that shall be observed for conducting the Southside neighborhood survey are roughly bounded by, and including facing blocks along South Capitol Street on the west, Court Street on the north, South Johnson Street on the east, and the railroad tracks, and railroad sidings on the south. 4. Iowa Site Inventory Forms (ISIF) shall be prepared for all individually eligible properties and district contributing resources evaluated as meeting NRHP listing School of Music Relocation - The University of Iowa - MOAJ Page - 4 - of 18 criteria. The number of resources estimated for ISIF preparation is approximately twenty (20) to thirty (30). The surveyor shall prepare a draft survey report in accordance with SHPO and City standards, and submit the draft survey report and ISIFs to the SHPO and City for review and comment. Submittals to SHPO must be hard -copy, single- sided, or submitted in accordance with administrative procedures established by the SHPO then in effect. The surveyor will afford the SHPO and City thirty (30) days to comment on the submitted draft survey report and ISIFs. 6. The surveyor shall make revisions recommended by the SHPO and City to the draft survey report and ISIFs within thirty (30) days and resubmit the survey report to the SHPO and City. 7. The surveyor shall evaluate the NRHP eligibility of a potential district that has been identified in the Southside neighborhood along the 500 -600 blocks of South Clinton Street, and portions of Wright and Prentiss Streets, including portions of the surrounding blocks. A NRHP nomination shall be prepared for this district, should it be recommended as meeting the NRHP listing criteria. 8. If the potential district is not recommended as meeting the NRHP listing criteria, the survey report shall be prepared as a Multiple Property Documentation Form (MPDF), meeting the general requirements for submittal to the NRHP. The surveyor shall submit the draft NRHP nomination or MPDF to the SHPO and City for review and comment. Submittals to SHPO must be hard -copy, single- sided, or submitted in accordance with administrative procedures established by the SHPO then in effect. The surveyor will afford the SHPO and City thirty (30) days to comment on the submitted draft NRHP nomination or MPDF. The surveyor shall make revisions recommended by the SHPO and City to the NRHP nomination or MPDF within thirty (30) days and resubmit the completed forms to the SHPO and City. Submittals to SHPO must be hard -copy, single- sided, or submitted in accordance with administrative procedures established by the SHPO then in effect. Formal review by the State National Register Committee (SNRC) and advancement to the National Park Service for listing in the NRHP is not a requirement. The University shall submit electronic copies to FEMA concurrent with final submittals to SHPO and the City. B. The University shall ensure that select architectural elements are salvaged from the Sabin School prior to demolition. The University shall transfer ownership and deliver the salvaged features to the City for future installation and interpretation in Riverside Park in Iowa City, a component of the Riverside Crossings District, currently in the conceptual planning stage. The salvaged features are intended to be installed in the park; however, installation is not a requirement of the MOA, as development of the park will not likely occur within the duration of the MOA. The University shall ensure that an interpretive kiosk is developed to interpret the historic and architectural significance of the Sabin School, planned to accompany the future salvage installation in Riverside Park. The kiosk shall be designed to meet the City's Park and Recreation Department standards for park kiosks. The content and design for the interpretive signage will be developed; however, fabrication and installation is not a requirement of the School of Music Relocation - The University of Iowa - MOAJ Page - 5 - of 18 MOA, as fabrication and installation will not likely occur within the duration of the MOA. The following eight (8) steps required for completion of the architectural salvage and interpretive kiosk content and design development must be concluded within eighteen (18) months from the date of execution of this MOA. 1. Within thirty (30) days following execution of this MOA, the University shall participate in a meeting among FEMA, IHSEMD, SHPO, representatives of the City's Park and Recreation, and Planning and Development Departments, and the HPC to discuss the requirements of the MOA specific to the successful and timely completion of the architectural salvage and interpretation. 2. The University shall ensure that the following architectural elements are removed from the Sabin School prior to its demolition: the complete monumental limestone arch at the main entrance on the east fagade, to include the date block, the Henry Sabin nameplate frieze /frontispiece above the main entry, the limestone arched entrances at the north and south elevations, and the stone steps at the north and south entrances. 3. The University shall deliver the salvaged architectural features to the City's Park Shop, located at 2275 South Gilbert Street for storage by the City's Park and Recreation Department. 4. The University shall ensure that content for the interpretive kiosk is developed by IHSEMD or OSA staff, provided that the individual is qualified under the Secretary of the Interior's Professional Qualification Standards for Historian and/or Architectural Historian as determined by FEMA. The content for the kiosk shall relate to the Sabin School, designed by architect G.L. Lockhart, and may include information regarding the building's architectural style, two extant Iowa City Community School District buildings also designed by Lockhart; Longfellow School (NRHP listed), and Horace Mann School (NRHP eligible), and the history of the surrounding Southside neighborhood. The kiosk may also include historic images and other relevant material contained in the ISIF for Sabin School, State Inventory No. 52- 04976. 6. All images used in the kiosk will be in the public domain or used with written permission of the owner or copyright holder. The copyright to the kiosk will be retained by the City. A credit line shall be provided on the kiosk as follows: "This product was produced under the terms of a Memorandum of Agreement, pursuant to Section 106 of the National Historic Preservation Act, among the U.S. Department of Homeland Security/Federal Emergency Management Agency, the State Historical Society of Iowa, Iowa Homeland Security and Emergency Management Department, The University of Iowa, Office of the State Archaeologist, and the City of Iowa City, as a result of the demolition of Henry Sabin Elementary School. FEMA administered Federal disaster assistance through FEMA's Public Assistance Program pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act for the permanent relocation of The University of Iowa's School of Music to a site out of the Iowa River floodplain that was significantly damaged by flooding in July 2008, which resulted in declared disaster DR- 1763-IA." School of Music Relocation - The University of Iowa - MOAJ Page - 6 - of 18 7. The University shall submit draft plans depicting the design and content of the kiosk to FEMA, SHPO, IHSEMD, the Park and Recreation Department, and UPC for review and comment. The University will afford FEMA, SUPO, IHSEMD, the Park and Recreation Department, and UPC thirty (30) days to comment on the submitted draft kiosk. 8. The University shall make revisions recommended by FEMA, SHPO, IHSEMD, the Park and Recreation Department, and HPC to the draft kiosk within thirty (30) days and resubmit the final kiosk plans to FEMA, SHPO, IHSEMD, the Park and Recreation Department and UPC. C. FEMA shall provide funds to the University for the OSA to implement Archaeological Data Recovery Plan for Laboratory Processing, Analysis, Reporting, and Dissemination of Research related to Site 13JH1436, City of Iowa City, Johnson County, Iowa, Office of the State Archaeologist of The University of Iowa, Iowa City (Appendix A). Implementation of the Data Recovery Plan (DRP) shall be completed by OSA staff qualified under the Secretary of the Interior's Professional Qualifications Standards for archaeology, as determined by FEMA. All archaeological work will be performed in accordance with the Guidelines for Archaeological Investigations in Iowa (1999). Implementation of the DRP shall include curation of artifacts and records that meet the requirements of the OSA's Curation Services Guidelines, appropriate research design, and dissemination of the research findings to professional peers and the public. Dissemination of information to the public shall consist of a public presentation or lecture at the Iowa City branch of the SHSI, or another appropriate local venue, an exhibit at a local museum, or an exhibit located within the relocated School of Music building at the southwest corner of East Burlington and South Clinton Streets, in downtown Iowa City. The OSA will create and maintain a website that describes the project and findings. Dissemination of information to professional peers shall be limited to preparation of an article for submission to a professional archaeological journal, or a presentation to professional archaeologists. The following five (5) steps required to complete implementation of the DRP must be concluded within eighteen (18) months from the date of execution of this MOA. 1. Within thirty (30) days following execution of this MOA, the University shall participate in a meeting among FEMA, IHSEMD, SHPO, and the OSA to discuss the requirements of the MOA specific to the successful and timely implementation of the DRP. 2. The University shall ensure that the OSA implements all aspects of the DRP including processing and analysis of materials collected, to include cleaning, identification, cataloguing, and preparation for curation at the OSA repository, report preparation, and dissemination of the research findings to professional peers and the public. 3. The University shall ensure that the OSA's draft report on implementation of the DRP is submitted to FEMA and the SHPO for review and comment. Submittals to SHPO must be hard -copy, single- sided, or submitted in accordance with administrative procedures established by the SHPO then in effect. The University and OSA will afford FEMA and SHPO thirty (30) days to comment on the submitted draft report. School of Music Relocation - The University of Iowa - MOAJ Page - 7 - of 18 4. The OSA shall make revisions provided by FEMA and SUPO to the draft report within forty-five (45) days from the date of receiving comments, and resubmit the report to FEMA and SI1PO. 5. The University shall ensure that a final report is submitted to FEMA and SUPO. Final submittals to SUPO must be hard -copy on single -sided paper, or submitted in accordance with administrative procedures established by the SUPO then in effect. II. Post Review Discoveries A. The University shall ensure that during any further excavation and construction related to the relocation of the School of Music, or the demolition of the Sabin School, the contractor shall immediately cease demolition activities in the vicinity of the discovery should previously unidentified archaeological sites or unanticipated effects be discovered during implementation of the project. Personnel should take all reasonable measures to avoid or minimize harm to the archaeological find(s) and/or avoid or minimize further unanticipated effects. B. The person or persons encountering such properties or effects shall immediately notify FEMA by contacting Kenneth Sessa, FEMA Region VII Environmental Officer at 816 - 807 -3296, and the SHPO at 515- 281 -8743. Construction in the area of such sites or effects shall not resume until FEMA determines that the requirements of 36 CFR §800.13(b)(3) have been met. III. Anticipatory Actions A. FEMA shall not grant assistance to the University should it, or those acting on its behalf, engage in anticipatory actions with the intent to avoid the requirements of this MOA or any requirements of the NHPA, significantly adversely affecting a historic property to which the assistance would relate or, having legal power to prevent it, allow such significant adverse effect to occur. B. After consultation with the SHPO and the ACUP, however, FEMA may determine that circumstances justify granting such assistance despite the adverse effect created or permitted by the University and shall complete consultation for the Undertaking. IV. Duration of Agreement A. This agreement will be null and void, unless amended per section VI of this agreement, if its terms are not carried out within eighteen (18) months from the date of execution. B. If any signatory to this MOA determines that its terms will not or cannot be carried out or that an amendment to its terms must be made, that party shall immediately consult with the other parties to develop an amendment to this MOA pursuant to 36 CFR §800.6(c)(7) and §800.6(c)(8). C. The successful completion of each mitigation measure and the steps identified above are the ultimate responsibility of the University to ensure that each project is carried out. FEMA and IHSEMD will assist the University and their consultants as appropriate to monitor and track the completion of the mitigation measures. School of Music Relocation - The University of Iowa - MOAJ Page - 8 - of 18 V. Dispute Resolution A. If any objection or dispute should arise within the time frame provided by this MOA to any plans, specifications, or actions provided for review pursuant to this MOA, FEMA will consult further with the objecting party to seek resolution. B. If FEMA determines that the dispute cannot be resolved, FEMA shall forward all documentation relevant to the dispute to the ACHP in accordance with 36 CFR §800.11(e), including FEMA's proposed resolution of the dispute. Within thirty (30) calendar days after receipt of all pertinent documentation, the ACHP will either: 1. Advise FEMA that it concurs with FEMA's resolution to the dispute; or 2. Provide FEMA with recommendations, which FEMA will take into consideration in reaching a final decision regarding the dispute; or 3. Notify FEMA that it will comment pursuant to 36 CFR §800.7(c), and proceed to comment. Any comment provided will be taken into consideration by FEMA in accordance with 36 CFR §800.7(c)(4) with reference to the subject of the dispute. C. Any recommendation or comment provided by the ACHP will be understood to pertain only to the subject of the dispute, and FEMA's responsibility to fulfill all actions that are not subject of the dispute will remain unchanged. D. Failure to fulfill the terms of this MOA requires that FEMA again request ACHP's comments in accordance with 36 CFR §800.7. E. If FEMA cannot fulfill the terms of this MOA, it shall not take or sanction any action or make any irreversible commitment that would result in an adverse effect with respect to NRHP- eligible or listed historic properties covered by this MOA or that would foreclose the ACHP's consideration of modifications or alternatives to the Undertaking that could avoid, minimize or mitigate the adverse effect until the comment process has been completed. Vl. Amendments Any signatory to this MOA may propose to FEMA that the MOA be amended, whereupon FEMA will consult with all signatories to the MOA to consider such an amendment. 36 CFR §800.6(c)(1) shall govern the execution of any such amendment. The signatures of all the signatories shall be required for any amendment hereto to be effective. VII. Termination and Noncompliance A. If any signatory or invited signatory to this MOA determines that its terms will not or cannot be carried out, that party shall immediately consult with the other parties to attempt to develop an amendment per Stipulation VI, above. B. If within thirty (30) days an amendment cannot be reached, any signatory may terminate the MOA upon written notification to the other signatories. Once the MOA is terminated, and prior to work continuing on the undertaking, FEMA must either (a) seek to resolve the adverse School of Music Relocation - The University of Iowa - MOAJ Page - 9 - of 18 effects pursuant to 36 CFR §800.6(b) or (b) request, take into account, and respond to the comments of the ACHP under 36 CFR §800.7. FEMA shall notify the signatories as to the course of action it will pursue. VIII. Execution of the Memorandum of Agreement Execution of this MOA by FEMA and implementation of its terms are evidence that FEMA has taken into account the effects of the Undertaking on historic properties, and that FEMA has satisfied its responsibilities under Sections 106 and 110 of the NHPA and the Section 106 implementing regulations. School of Music Relocation - The University of Iowa - MOAJ Page - 10 - of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DEPARTMENT, THE UNIVERSITY OF IOWA, THE OFFICE OF T E STATE ARCHAEOLOGIST OF THE UNIVERSITY OF IOWA, AND THE CIT OF IOWA CITY, REGARDING THE PERMANENT RELOCATION OFT E SCHOOL OF MUSIC, THE UNIVERSITY OF IOWA, IOWA CITYTOHNSON COUNTY, IOWA WHEREAS, the U.S. Department of Homeland Security /Federal Emergency Management Agency (FEMA) proposes to administer Federal disaster assistance through FEMA "s Public Assistance Program rsuant to the Robert T. Stafford Disaster Relief and, Emergency Assistance Act, 42 U.S. .§5121-5207 (Stafford Act0 through the Iowa Homeland � Security & Emergency Management partment (IHSEMD) to the University, of Iowa (University) for the permanent relocation of the niversity's Hancher � Auditorium, Voxft an' Music Building, and Clapp Recital Hall (Undertaki ), University of Iowa, Iowa City, Johnsop County, Iowa, that were substantially damaged by oding in June/&08, which resulted ilh declared disaster DR- 17634A. WHEREAS, FEMA determined the A a o Potential Effects {APE) for this Undertaking is limited to the two locations selected for t relocation facilities, as demolition of the original combined facility, has been captured in a se ate FEMA Undertaking; and WHEREAS, the University acquired the owa Gty Community School District Administrative Office Building, formerly the Henry ' Sa in Elementary School (Sabin School), located at 509 South Dubuque Street, Iowa City, offered tl ex, Sabin School property as a purchase agreement option between the Unive ity and one ot,the sellers of the site selected for the relocation of the Voxman Music Bu' ding and Clapp Recital Hall (School of Music) at the southwest corner of East Burlingto and South Clinton'•.Streets, in downtown Iowa City, therefore, FEMA determined the AP extends to the Sabin School property; and WHEREAS, FEMA, in, consult a on with the State Historical Society of Iowa's (SHSI) State Historic Preservation Office (SH O) has determined that Sabin School is individually eligible for listing in the National Re ister of Historic Places (NRHP) under Criterion A for its association with, broad pattern of educational development in Iowa, and Criterion C for its Collegiate Gothic design; and WHEREAS, pursuant tot terms of the University's purchase agreement option with one of the two sellers of the rel cation site selected for the School of Music, the University will deliver the Sabin School operty to the seller with all buildings and structures razed, therefore, FEMA has determined, the Undertaking to relocate the School of Music, resin ting in the demolition of Sabin S ool will constitute an Adverse Effect on historic properties, and the SHPO has concurred with this finding in accordance with the Programmatic Agreement among the U.S. Department of Homeland Security /Federal Emergency Management Agency, the State Historical Society of Iowa, Iowa Homeland Security and Emergency Management Department, and the Advisory Council on Historic Preservation, executed October 16, 2009 (Programmatic Agreement); and WHEREAS, in accordance with the Resolution of Adverse Effects for Historic Properties provision in the Programmatic Agreement, FEMA determined the Undertaking would be reviewed in accordance with 36 CFR §800.6, resulting in a Memorandum of Agreement (MOA); and WHEREAS, FEMA, in consultation with the SHPO det tined the ground disturbing activities associated with the Undertaking were limited to reas that had been previously profoundly disturbed, or had been previously reviewed for ar haeological potential, and were not likely to affect arphaeological properties, therefore, archaeological survey i 1work or archaeological monitori was not required in advance or during site preparation and construction; and WHEREAS, during the urse of demolition of twal' buildings and site, preparation for construction of the School f Music at the southwest ,corner of ,East' Burlington and South Clinton Streets, unexpected haeological resources wre encountered; and r WHEREAS, after the discover the University sto�ped work and FEMA consulted with the SHPO in accordance with the Un pected Discover, es cause in the Programmatic Agreement; and f WHEREAS, the discovery was eval ted by the Offge of the State Archaeologist of the University of Iowa (OSA), and the arc eol_ ical site was assigned site number 13JH1436, and the features encountered consisted a sterns; building foundations, a well, and privy remnants, and the OSA recommended that well identified on September 12, 2013 is eligible for listing in the NRHP under Criterion D or e potential of its well - preserved contents, along with primary documentary sources:to c tribut important information on the early history of Iowa City; and WHEREAS, the OSA rocpmme ed avoidance 6, mitigation for this feature of Site 13JH1436, and because the w6ll w s located within a co nstruction zone and avoidance was not a possibility, the OSA recommen ed mitigating the well' ontents as soon as possible to allow construction to proceed, and t t systematic research ofd he contents and primary sources would continue post- excavatio , without interfering with thenstruction schedule; and WHEREAS, ` in addition o mitigating the well's contenV, the OSA recommended archaeological monitoring during continued excavation on the':Jot that encompasses Site 13JH1436; and WHEREAS, based on the GSA's recommendations, FEMA, in cons tation with the SHPO determined that because the archaeological site is significant for its info ation potential, Site 13JH1436 is individually eligible for listing in the NRHP under Criterion ;and WHEREAS, FEMA implemented the Unexpected Discoveries provision of the Programmatic Agreement, and FEMA identified the SHPO, IHSEMD, the University, and the OSA, as appropriate parties for this phase of consultation; and School of Music Relocation - The University of Iowa - MOAJ Page - 2 - of 18 WHEREAS, pursuant to the Programmatic Agreement citation regarding adverse effects to archaeological resources, FEMA determined that removing the well's contents as soon as possible through controlled excavation and other scientific recording methods would be the most appropriate preservation outcome, and this would be followed by systematic research of the contents primary sources to continue post- excavation, and FEMA indicated that additional poten 'al consulting parties would be invited top icipate, and this process would be memorialized I the MOA resulting from the anticipate demolition of Sabin School, and this proffered only inimal impacts to the construction ti eline and was supported by all of the consulting partie and WHEREAS, the SHP further concurred with FEMA's coding of additional adverse effects to historic properties, an the SHPO further concurred th FEMA's recommended actions to take into account the eff is of the undertaking for th' historic property, consisting of data recovery and development f a Data Recovery Plan i consultation V0th'p9tentiat consulting parties, and the SHPO f her concurred with F MA's requirernent for; archaeological monitoring during continue excavation on the to that encompasses Site ' 13JH1436, and further concurred with FEMA' recommendation to ontinue this `approach for the treatment of additional significant archaeolog al features encou tered at the construction site; and WHEREAS, as the controlled ex vation took lace, additional features were encountered including a small limestone found at' n contai ing r d;L,,F large i quantity of artifacts including a cache of Indian trade beads, and a pri remn t containing pre -1870s artifacts, and the OSA recommended that these features are c ntri uting elements of site 13JH1436, and further recommended mitigating these features as onaas,possible to allow construction on the lot to proceed; and WHEREAS, due to the presence of t lndia� trade beads, FEMA notified the seven (7) Native American tribes that have ex'ot; sed intere\K in Johnson County including the Sac and Fox Nation of Missouri in Kansas an ebraska, Sa&,4nnd Fox Nation, Oklahoma, Sac and Fox Tribe of the Mississippi in Iowa '(Me waki Nation), Iowa Tribe of Kansas and Nebraska, Iowa Tribe of Oklahoma, Otoe- Missouri Tribe of Indians, Oklahoma, and the Santee Sioux Tribe, Nebraska in a letter dated ' Dec e er 20, 2013, which outlined the discovery and proposed steps to resolve the adverse effec to Site 13JH1436; and WHEREAS,, the,, Otoo -Miss ria Tribe of Indians, Oklahoi responded to FEMA's notification, and requested ditional information, and subsequeif�ly determined that their participation in consultation as not necessary; and WHEREAS, FEMA has etermined, the Undertaking, to relocate the U 'versity's School of Music, resulting in the d molition of Sabin School, and the data recovery of Site 13JH1436 constitutes Adverse Ef cts on historic properties, and the SHPO has co curred with this finding in accordance ith the Programmatic Agreement; and WHEREAS, FEMA, in a letter dated March 13, 2014 notified the Advisory Council on Historic Preservation (ACHP) regarding its intent to prepare a MOA to satisfy its Section 106 of the National Historic Preservation Act (NHPA) responsibilities pursuant to 36 CFR Part §800.6 (a)(1), and in a letter dated April 9, 2014, the ACHP has declined to participate, pursuant to 36CFR §800.6(a)(1)(iii); and School of Music Relocation - The University of Iowa - MOAJ Page - 3 - of 18 WHEREAS, FEMA, in consultation with the SHPO identified potential consulting parties in addition to the referenced Native American tribes, 1HSFP4D, and OSA, including representatives of the University's faculty, staff, and students , e City of Iowa City (City), including the City's Historic Preservation Commission (HPC), J hnson County HPC, Johnson County Historic VI Society, Iowa City: Old Capitol Cultural istrict, Association of Iowa Archaeologists, I wa Archaeological Society, Iowa City Co unity School District, Friends of Historic Prese tion, Preservation Iowa, and the National/ Trust for Historic Preservation, and in a letter date \meeting , 2014 engaged with these gr¢ups in an effort to resolve the Adverse Effects of taking through the MOA develo,'pment process; and i` WHEREAS, in an public comment and input, FVMA published a notice on April 1, 2014 in the Iowa C re Citizen, regarding the propo4ed demolition of Sabin School`' and the discovery of S36, resulting in adverse ffects to historic properties, which notified the public e d meeting and opport ity for involvement, and provided alternatives to the ping enue to provide inpu , and WHEREAS, FEMA held a public e eting on meeting regarding the Undertaking an is effects WHEREAS, FEMA has invited IHSE as grantee, the OSA, the City, and the Iowa ity implementation of the mitigation measures t' this MOA pursuant to 36 CFR §800.6(c)(2); WHEREAS, FEMA in consultation with t e.S] this MOA, pursuant to 36 CFR §800.b(c) ); an i is1 0, 2014 during. an Iowa City HPC toric properties, and Grantee, an' d the University as the Sub - r =;as parties'sharing responsibilities in the d nin. this MOA to become signatories to 0 has invited Preservation Iowa to concur in WHEREAS, all references to time per'ods in this M( other written communications to FEM may be submi NOW, THEREFORE, FEMA;, agree that the Undertaking shall in order to mitigate the eff6cf of STIPULATIONS To the extent of its legal I University, OSA, the City, d implemented: I. Mitigation are in calendar days and notices and by e -mail; and �O, IHSEMD, the Univ mplemented in accordE Undertaking on historic y, OSA, the City, and the HPC with the following stipulations hority and in coordination with th SHPO, IHSEMD, the the HPC, FEMA will require that the Nllowing measures are A. The University shall provide funds to the City, or the University may engage the OSA, to complete an intensive level historic and architectural survey (survey) and preparation of a nomination to the NRHP for the Southside neighborhood in Iowa City, where the Sabin School is located. The following nine (9) steps are required to successfully complete the survey and NRHP nomination, and must be concluded within eighteen (18) months from the date of execution of this MOA. School of Music Relocation - The University of Iowa - MOAJ Page - 4 - of 18 1. Within thirty (30) days following execution of this MOA, the University shall participate in a meeting among FEMA, SHPO, IHSEMD, the City and representatives of the HPC to discuss the requirements of the MOA specific to the successful and timely completion of the survey and NRHP nomination. Prior to the commencement of the survey, the University must inform FEMA of its intent to provide funds to the City, or complete the survey work with iOSA staff. s 2. e City shall award a contract to the consulta U 'versity shall engage OSA staff to complete con ltant or OSA staff is qualified under tI Profe ional Qualification Standards for Histori as determined by FEMA. 3. The surve \sidin l observe the fo conducting vey: the Southside and includg blocks along Sc Street on t South Johnson Sti and railroaon the south. 4. Iowa Site Invento ry Forms (ISIF)' eligible properties at district cont NRHP listing criteria. Th number �gE. is approximately twenty (2 to thi 5. The surveyor shall,prepare a di City standards, arid,submit the City for review and comment. sided. The surveyor 'will af� comment'' on the submitted dpi 1 6. The surveyor shall make r visi of the City's choice, or the e survey, provided, that the Secretary of the, Irixior's ►rian and/or Architectural wxanhic barameters when borhood � is roughly bounded by, Capitol Street: on the west, Court pn the east, and the railroad tracks, shall` be prepared for all individually �buting resources evaluated as meeting resources estimated for ISIF preparation (30). survey report in accordance with SHPO and ft survey report and ISIFs to the SHPO and Zrttals to SHPO must be hard -copy, single - e SHPO and City thirty (30) days to report and ISIFs. draft Survey report and IfilFs within thirty report to the SHPO and/City. Jed by the SHPO and City to the 0) days and resubmit the survey 7. The surveyor shall a aluate the NRHP eligibility 'of a potential district that has been identified in e Southside neighborhood al g the 500 -600 blocks of South Clinton St et, and portions of Wright and ntiss Streets, including portions of the s rrounding blocks. A NRHP nominati shall be prepared for this district, sh uld it be recommended as meeting the N P listing criteria. If the pote Ial district is not recommended as meeting tN NRHP listing criteria, t survey report shall be prepared as a Multiple Property Docume ation Form (MPDF), meeting the general requirements for submittal to the N P. The surveyor shall submit the draft NRHP nomination or MPDF to the HPO and City for review and comment. Submittals to SHPO must be hard -copy, single- sided. The surveyor will afford the SHPO and City thirty (30) days to comment on the submitted draft NRHP nomination or MPDF. School of Music Relocation - The University of Iowa - MOAN Page - 5 - of 18 9. The surveyor shall make revisions recommended by the SHPO and City to the NRHP nomination or MPDF within thirty (30) days and resubmit the completed forms to the SHPO and City. Submittals to SHPO must be hard - copy, single- sided. Formal review by the State National Register Committee (SNRC) and advancement to the National Park Service for listing in the NRHP is not a requirement. The University shall ubmit electronic copies to FEMA concurrent with final submittals to SHPO add the City. B. The Univ sity shall ensure that select architectural elerents are salvaged from the Sabin Scho 1 prior to demolition. The University shall t ansfer ownership.and deliver the salvaged eatures to the City for future installation end interpretation in kiverrside Park, in Iowa ity, a component of the Riverside CrQ'ssings District,; currently in the conceptual pla 'ng stage. The salvaged features are intended t4 be installed in the park; however, in allation is not a requirement of the MOAN, as develop�ent of the park will not likel occur within the duration of the MOA. The `University shall ensure that an interpr ive kiosk is developed to interpret the bisforic and architectural significance of the bin School, planned accompany the future salvage installation in Riverside k. The content and d sign for the interpretive signage will be developed; however, fa ication and install ari is not a requirement of the MOA, as installation will not likf eight (8) steps required to must be concluded within MOA. 1. Within thirty (30) days fo participate in a meeting ; HPC to discuss: the requi timely completion of the within thwduratidn of the MOA. The following the a j tectural salvage and interpretive kiosk (18) m ths from the date of execution of this /execution of this MOA, the University shall ,EMA, IHSEMD, SHPO, the City, and the the MOA specific to the successful and u 1 salvage and interpretation. 2. The University` shall en re that th6jollowing architectural elements are removed from the Sa in School pri r to its demolition: the complete monumental limeston arch at the main a trance on the east facade, to include the date block, the my Sabin nameplat\en ontispiece above the main entry, the limeston arched entrances at and south elevations, the stone steps at the orth and south entrance 3. The University shall deliver the salvaged tural features to the City's Park Shop, to ated at 2275 South Gilbert storage by the City's Park and Recreat' n Department. 4. The Univ sity shall ensure that content forpre 've kiosk is developed by IHS D or OSA staff, provi ded that idual 1 qualified under the Secret of the Interior's Professional Qion Stan ards for Historian and /o Architectural Historian as determin ed by FEMA. 5. The content for the kiosk shall relate to the Sabin School, designed by architect G.L. Lockhart, and may include information regarding the building's architectural style, two extant Iowa City Community School District buildings School of Music Relocation - The University of Iowa - MOAN Page - 6 - of 18 also designed by Lockhart; Longfellow School (NRHP listed), and Horace Mann School (NRHP eligible). The kiosk may also include historic images and other relevant material contained in the ISIF for Sabin School, State Inventory No. 52- 04976. 6. All ' mages used in the kiosk will be in the publi domain or used with written pe 'ssion of the owner or copyright holder. T e copyright to the kiosk will be re ined by the City. A credit line shall e provided on the kiosk as follow "This product was produced under t e terms of a Memorandum of Agreem t, pursuant to Section 106 of the Na onal Historic Preservation Act, among t U.S. Department of Homela d Security /Federal Emergency Manageme t Agency, the State Historical ociety of Iowa; =Iowa "Homeland Security an Emergency Management De artment, The University of Iowa, Office of the tate Archaeologist, and the ity of Iowa City, as a result of the demolition of enry Sabin Elementary chool. FEMA .administered Federal disaster assistan e through FEMA's P lic Assistance Pirugram pursuant to the Robert T. Sta ord Disaster Relief d Emergency Assistance Act for the permanent relocati n of The Univer ty, of Iowa's School of Music to a site out of the Iowa Riv floodplain th t was significantly damaged by flooding in July 2008, which r ulted in dec ed'disaster DR- 1763 -IA." 7. The University shall sub it dra plans depicting the design and content of the kiosk to the SHPO and th HP for review and comment. The University will afford the SHPO and HPC i y (30) days to comment on the submitted draft kiosk. 8. The University sh ll mak revi 'ons recommended by the SHPO and HPC to the draft kiosk within:thi y (30) ays and resubmit the final kiosk plans to the SHPO and City. The ; � niversity shall submit electronic copies to FEMA concurrent with final s ` bmittals to PO and the City. C. FEMA shall prQvide fu ds to the Uni rsity for the OSA to implement Archaeological Data Rec ery Plan for Labor ory Processing, Analysis, Reporting, and' Dissemination of Re earth related to Site 1 H1436, City of Iowa City, Johnson County, ,Iowa, Office o the State Archaeologist o The University of Iowa, Iowa City (Appendix A) Imple ntation of the Data Recove Plan (DRP) shall be completed by , OSA staff qu ified under the Secretary f the Interior's Professional Qualifications Stan ds for archaeology as determine by FEMA. All archaeological work will be pe ormed in accordance with the G 'delines for Archaeological Investigations in owa (1999). Implementation of the D shall include curation of artifacts and re ords that meet the requirements of the SA's Curation Services Guidelines, ap ropriate research design, and dissemination o the research findings to professional ers and the public. Dissemination of informa 'on to the public shall consist of a ublic presentation or lecture at the Iowa City b ch of the SHSI, or another appropriate local venue, an exhibit at a local museum, an exhibit located within the relocated School of Music building at the southwest corner of East Burlington and South Clinton Streets, in downtown Iowa City. The OSA will create and maintain a website that describes the project and findings. Dissemination of School of Music Relocation - The University of Iowa - MOAJ Page - 7 - of 18 information to professional peers shall be limited to preparation of an article for submission to a professional archaeological journal, or a presentation to professional archaeologists. The following five (5) steps required to complete implementation of the DRP must be concluded within eighteen (18) months from the date of execution of this MOA. 1. Within thi y (30) days following execution of this ] participate in a meeting among FEMA, IHSEMD, discuss the requirements of the MOA specific to imnlementat n of the DRP. 2. The Universit shall ensure that the OSA imp including proce sing and analysis of materials identification, ca loguing, and preparation for report preparation, and dissemination of the e piers and the public. ft report on implementation of the review and comment. Submittals ,,,,,University and OSA will afford on the submitted draft report. 3. The University shall eN DRP is submitted to FIE to SHPO must be hard - FEMA and SHPO thirty that the OSA' and the SHP, days to 4. The OSA shall make revisio provid within forty -five (45) days'ir.. tie dE the report to FEMA and SHPO. 5. The University ,shall ensure that coal Final submittals to SHPO must e h d- 11. Post Review Discoveries A. The University shall ensure at during a related. o the: relocation of he School of A, the University shall 1PO, and the OSA to successful and timely 411 aspectssof the DRP d, tb .include cleaning, at, the OSA repository, indings'to professional by FEMA and SHPO to the draft report e of receiving comments, and resubmit report is submitted to FEMA and SHPO. copy on single -sided paper. further excavation and construction ic, or the demolition of the Sabin School, the contractor shall mmediately ceased olition activities in the vicinity of the 'discovery should pre u ously unidentified arc eological sites or unanticipated effects be discovered dur' g implementation of the oject. Personnel should take all reasonable measures to void or minimize harm to th archaeological find(s) and/or avoid or minimize furt r unanticipated effects. B. The person or pers s encountering such properties or ffects shall immediately notify FEMA by ntacting Kenneth Sessa, FEMA Re 'on VII Environmental Officer at 816 -807 296, and the SHPO at 515- 281 -8743. Co truction in the area of such sites or effe s shall not resume until FEMA determines th t the requirements of 36 CFR §800.1 (b)(3) have been met. School of Music Relocation - The University of Iowa - MOAJ Page - 8 - of 18 III. Anticipatory Actions A. FEMA shall not grant assistance to the University should it, or those acting on its behalf, engage in anticipatory actions with the intent to avoid the requirements of this MOA or any requirements of the NHPA, significantly adversely affecting a historic property to which the assistance would relate or, having legal power to prevent it, allow such significant adverse effect to occur. B. After con ultation with the SHPO and the ACHP, that circ tances justify granting such assistance or permitted y the University and shall complete cc IV. Duration of A. This agreement agreement, if its of execution. ever, FEMA may determine to the adverse effect created ation for the Undertaking. be null and void, unles amen4po per section VI of this are not carried out withi eighteen (18) months from the date B. If any signatory to this M A determines out or that an amendment its terms n consult with the other parties o develop CFR §800.6(c)(7) and §800.6(c 8). C. The successful completion of e are the ultimate responsibility < out. FEMA and IHSEMD'''will and track the completion of the V. Dispute Resolution / A. If any objection or to any plan8, ssp�citic FEMA will consult f> B. If', EEMA, determines documentation relew § 900. I (e), includin calendar days after �t its terms will not or cannot be carried t be made that party shall immediately amendment to this MOA pursuant to 36 aion measure and the steps identified above versity to ensure that each project is carried University and their consultants to monitor measures. ould arise withi the time frame provided by this MOA or actions provid d for review pursuant to this MOA, th the objecting parlek to seek resolution. tt the dispute cannot be re olved, FEMA shall forward all to the dispute to the ACHP in accordance with 36 CFR ,MA's proposed resolution of t e dispute. Within thirty (30) ►t of all pertinent documentationXhe ACHP will either: 1`. Advise FEM that it concurs with FEMA's resolution to 2. Provide FE/IA with recommendations, which FEMA will in reachinj a final decision regarding the dispute; or dispute; or into consideration 3. Notify -AMA that it will comment pursuant to 36 CFR §800.7(c), and proceed to comment. Any comment provided will be taken into consideration by FEMA in accordance with 36 CFR §800.7(c)(4) with reference to the subject of the dispute. School of Music Relocation - The University of Iowa - MOAJ Page - 9 - of 18 C. Any recommendation or comment provided by the ACHP will be understood to pertain only to the subject of the dispute, and FEMA's responsibility to fulfill all actions that are not subject of the dispute will remain unchanged. D. Failure to fulfill the terms of this MOA requires that FEMA again request ACHP's comments in accordance with 36 CFR §800.7. E. If FEMA cannot lfi or make any irrev respect to NRHP -el would foreclose the Undertaking that coi comment process has VI. Amendments . the terms of this MOA, it shall ble commitment that would re ble or listed historic propertie �CHP's consideration of mod avoid, minimize or mitig t. n completed. Any signatory to this MO may propose whereupon FEMA will cons t with all sig: amendment. 36 CFR §800.6(c) ) shall gov( The signatures of all the signato 'es shall be effective. / VII. Termination and Noncompliance A. If any signatory or invited signato cannot be carried out, that`party attempt to develop an amendment B. If within thirty (30) days aii! ai terminate the MOA upon written is terminated, and prior to work seek to resolve the adverse eff t into account, and respond to the FEMA shall notify the signat rie: VIII. Execution of the Memorand m of Agreement Execution of this MOA y FEMA and implementation of 'ts terms are evidence that FEMA has taken into ccount the effects of the Undertaki on historic properties, and that FEMA has tisfied its responsibilities under Secti s 106 and 110 of the NHPA and the Secti n 106 implementing regulations. to iot take or sanction any action ult in an adverse , effect with covered by this N 40A or that .cations or alternativa� :�to the the adverset effect until the that theaMOA be amended, the MQA to consider such an ;cation of any such amendment. )r any amendment hereto to be MOA determines that its terms will not or iediately consult with the other parties to lation VI, above. (endment \thundertaking, e reached, any signatory may iotification her signatories. Once the MOA ntinuing o FEMA must either (a) pursuant R §800.6(b) or (b) request, take commentACHP under 36 CFR §800.7. as to the cction it will pursue. School of Music Relocation - The University of Iowa - MOAN Page - 10 - of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DEPARTMENT, THE UNIVERSITY OF IOWA, THE OFFICE OF THE STATE ARCHAEOLOGIST OF THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, REGARDING THE PERMANENT RELOCATION OF THE SCHOOL OF MUSIC, THE UNIVERSITY OF IOWA, IOWA CITY, JOHNSON COUNTY, IOWA EXECUTED: SIGNATORY FEDERAL EMERGENCY MANAGEMENT AGENCY By: Kenneth Sessa Regional Environmental Officer FEMA Region VII By: Date: Thomas, Costello Recovery Division Director FEMA Region VII School of Music Relocation - The University of Iowa - MOAN Page - 11 - of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DEPARTMENT, THE UNIVERSITY OF IOWA, THE OFFICE OF THE STATE ARCHAEOLOGIST OF THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, REGARDING THE PERMANENT RELOCATION OF THE SCHOOL OF MUSIC, THE UNIVERSITY OF IOWA, IOWA CITY, JOHNSON COUNTY, IOWA SIGNATORY STATE HISTORICAL SOCIETY OF IOWA By: Steven T. King Deputy State Historic Preservation Officer School of Music Relocation - The University of Iowa - MOAJ Page - 12 - of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DEPARTMENT, THE UNIVERSITY OF IOWA, THE OFFICE OF THE STATE ARCHAEOLOGIST OF THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, REGARDING THE PERMANENT RELOCATION OF THE SCHOOL OF MUSIC, THE UNIVERSITY OF IOWA, IOWA CITY, JOHNSON COUNTY, IOWA INVITED SIGNATORY PARTY IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DEPARTMENT Hp, By: Katie Waters State Public Assistance Officer E; School of Music Relocation - The University of Iowa - MOAN Page - 13 - of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DEPARTMENT, THE UNIVERSITY OF IOWA, THE OFFICE OF THE STATE ARCHAEOLOGIST OF THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, REGARDING THE PERMANENT RELOCATION OF THE SCHOOL OF MUSIC, THE UNIVERSITY OF IOWA, IOWA CITY, JOHNSON COUNTY, IOWA INVITED SIGNATORY PARTY UNIVERSITY OF IOWA By: Date: Susan Klatt Director of Financial Management and Budget and University; Secretary School of Music Relocation - The University of Iowa - MOAN Page - 14 - of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DEPARTMENT, THE UNIVERSITY OF IOWA, THE OFFICE OF THE STATE ARCHAEOLOGIST OF THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, REGARDING THE PERMANENT RELOCATION OF THE SCHOOL OF MUSIC, THE UNIVERSITY OF IOWA, IOWA CITY, JOHNSON COUNTY, IOWA INVITED SIGNATORY PARTY OFFICE OF THE STATE ARCHAEOLOGIST OF THE UNIVERSITY OF IOWA By: Date: John Doershuk State Archaeologist School of Music Relocation - The University of Iowa - MOAN Page - 15 - of 18 ME MORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DEPARTMENT, THE UNIVERSITY OF IOWA, THE OFFICE OF THE STATE ARCHAEOLOGIST OF THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, REGARDING THE PERMANENT RELOCATION OF THE SCHOOL OF MUSIC, THE UNIVERSITY OF IOWA, IOWA CITY, JOHNSON COUNTY, IOWA INVITED SIGNATORY PARTY CITY OF IOWA CITY $y: Date: September 30, 2014 The Honorable Matthew J. lHayek Mayor ATTEST: Marian —K. Karr City Clerk School of Music Relocation - The University of Iowa - MOAJ Page - 16 - of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DEPARTMENT, THE UNIVERSITY OF IOWA, THE OFFICE OF THE STATE ARCHAEOLOGIST OF THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, REGARDING THE PERMANENT RELOCATION OF THE SCHOOL OF MUSIC, THE UNIVERSITY OF IOWA, IOWA CITY, JOHNSON COUNTY, IOWA INVITED SIGNATORY PARTY CITY IO `�OWA CITY By: /Date: The Honorable M Hayek Mayor School of Music Relocation - The University of Iowa - MOAJ Page - 16 - of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DEPARTMENT, THE UNIVERSITY OF IOWA, THE OFFICE OF THE STATE ARCHAEOLOGIST OF THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, REGARDING THE PERMANENT RELOCATION OF THE SCHOOL OF MUSIC, THE UNIVERSITY OF IOWA, IOWA CITY, JOHNSON COUNTY, IOWA INVITED SIGNATORY PARTY IOWA CITY HISTORIC PRESERVATION COMMISSION By: Ginalie Swain Chair School of Music Relocation - The University of Iowa - MOAN Page - 17 - of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DEPARTMENT, THE UNIVERSITY OF IOWA, THE OFFICE OF THE STATE ARCHAEOLOGIST OF THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, REGARDING THE PERMANENT RELOCATION OF THE SCHOOL OF MUSIC, THE UNIVERSITY OF IOWA, IOWA CITY, JOHNSON COUNTY, IOWA CONCURRING PARTY PRESERVATION IOWA By: Date: Steve Frevert Board Member School of Music Relocation - The University of Iowa - MOAN Page - 18 - of 18 CITY OF IOWA CITY 9 M E M O RA N D u M Date: September 10, 2014 To: City Council From: Eleanor M. Dilkes, City Attorney V10 Re: Electronic cigarettes As you directed on September 2, included on your agenda for September 16 is a resolution prohibiting the use of electronic cigarettes ( "alternative nicotine products" and "vapor products" as defined by State law) on property owned or controlled by the City on which smoking is currently prohibited by State law or City Code. Smoking is prohibited on some City property under the Iowa Smokefree Air Act. This includes enclosed city buildings and the public grounds immediately adjacent thereto and vehicles operated by the City. In addition, the City has adopted Chapter 10 of Title 6 of the City Code which declares additional places owned or controlled by the City to be smoke free. I have attached a copy of that code section for your information. The Council also discussed the adoption of an ordinance prohibiting the use of e- cigarettes in places that are privately owned in the City where the Iowa Smokefree Air Act prohibits smoking. I have been in contact with the Tobacco Division of the Iowa Department of Public health and am told that the Division has requested a legal opinion from the Attorney General's office about whether Iowa cities may prohibit the use of e- cigarettes on private property within the City. Encl. Cc w/o encl.: Tom Markus Geoff Fruin Marian Karr 6 -10 -1 CHAPTER 10 SMOKE FREE PLACES SECTION: 6 -10 -1: Smoke Free Places Itemized 6 -10 -2: Violation; Penalty 6 -10 -1 6 -10 -1: SMOKE FREE PLACES ITEMIZED: It is illegal to smoke in a smoke free place. Pursuant to HF 2212, section 5, to be codi- fied at section 142D.5 of the Iowa Code, the city declares the following areas to be smoke free places: A. Iowa City Municipal Airport. (Ord. 08 -4314, 9 -9 -2008) B. Municipal parking ramps except in privately owned vehicles that are not located in the Chauncey Swan Parking Ramp during the farmers' market as provided in this section. C. City Plaza except the public alleys. "City Plaza" is defined in section 10 -5 -2 of this code. D. The area between the public library and Linn Street including the sidewalk, as illustrated on the diagram below, and the area within ten feet (10') of a sidewalk cafe that is not in City Plaza. "Sidewalk cafe" is defined in section 10 -3 -1 of this code. (Ord. 10 -4393, 6 -1 -2010) E. Napoleon Park except the parking lot and the Iowa River Corridor Trail. F. Baseball /softball complex at Mercer Park not including the parking lots. G. Iowa City Kickers Soccer Park including the parking lots. Iowa City February 2014 6 -10 -1 6 -10 -1 H. The area within fifty feet (50') of the City Park pool building and the fence that encompasses the City Park pool and the area inside the fence. Riverside Festival stage /seating area and the area within fifty feet (50') of Riverside Festival stage /seating area. J. Bobby Oldis baseball fields in lower City Park including the bleachers, sidewalk, and all other areas between the fields. K. The area within fifty feet (50') of the amusement rides in lower City Park. L. Skateboard Park. M. Tennis courts in all city parks. N. Dog parks. (Ord. 08 -4314, 9 -9 -2008) O. Farmers' market beginning thirty (30) minutes prior to the opening of the farmers' market. "Farmers' market" is defined in section 10 -11 -1 of this code. P. The area within fifty feet (50') of any outdoor stage or location where musicians are performing during any outdoor entertainment venues where members of the general public assemble to witness entertain- ment events, such as, but not limited to, Arts Fest and Jazz Fest. (Ord. 10 -4393, 6 -1 -2010) Q. The streets and adjacent sidewalks along the parade route of the University Of Iowa homecoming parade from five o'clock (5:00) P.M. to eight o'clock (8:00) P.M. on Friday evening of the homecoming parade. (Ord. 08 -4314, 9 -9 -2008) R. Black Hawk Mini Park. (Ord. 13 -4563, 12 -3 -2013) February 2014 Iowa city 6 -10 -1 alley 6 -10 -1 Nonsmoking Places April 2010 Designated nonsmoking area (Ord. 10 -4393, 6 -1 -2010) v v C a College Street November 2010 Iowa City 6 -10 -2 6 -10 -2: VIOLATION; PENALTY: Violation of simple misdemeanor punishable by ($50.00). (Ord. 10 -4410, 10 -26 -2010) November 2010 Iowa City 6 -10 -2 this chapter shall be a a fine of fifty dollars Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -280 RESOLUTION PROHIBITING THE USE OF ALTERNATIVE NICOTINE PRODUCTS AND VAPOR PRODUCTS ON PROPERTY OWNED OR CONTROLLED BY THE CITY OF IOWA CITY ON WHICH SMOKING IS CURRENTLY PROHIBITED BY STATE LAW OR CITY CODE WHEREAS, Chapter 142D of the Iowa Code, the Iowa Smokefree Air Act prohibits "smoking" in certain public spaces, places of employment and outdoor areas, including enclosed City buildings and vehicles operated by the City, the public grounds immediately adjacent to City buildings and bus shelters; and, WHEREAS, the Smokefree Air Act expressly authorizes a person having custody or control of property to declare property that is otherwise exempt under the Smokefree Air Act to be a non- smoking place; and, WHEREAS, in Chapter 10 of Title 6, "Public Health and Safety ", the City has declared additional areas to be smoke free places including the airport, municipal parking ramps, City Plaza except for alleys and certain areas of Iowa City parks, and, WHEREAS, electronic cigarettes are not covered by the Iowa Smokefree Air Act; and, WHEREAS, in 2014 the Iowa legislature adopted HF 2109, which, among other things, requires retailers of "alternative nicotine products" or "vapor products" (which includes electronic cigarettes) to obtain a tobacco permit, prohibits the sale of these products to persons under the age of 18 and the possession or purchase of these products by persons under the age of 18 and limits the places where these products can be given away; and, WHEREAS, the Johnson County Department of Public Health made a presentation about e- cigarettes to the City Council on September 2, 2014; and, WHEREAS, said presentation demonstrated that e- cigarettes contain varying amounts of nicotine and volatile organic compounds that are not healthy for human inhalation, that marketing tactics show an attempt to lure youth, that there is no evidence that being exposed to the vapor is safe, that the three largest tobacco companies are in the business of marketing e- cigarettes, that use of e- cigarettes among middle and high school students has more than doubled, and that e- cigarettes threaten to undo decades of public health work in tobacco control; and, WHEREAS, a number of cities throughout the United States are prohibiting the use of e- cigarettes in places where traditional cigarette use is prohibited; and, WHEREAS, the City Council finds that the use of e- cigarettes presents a serious and unknown public health threat and that in the interests of protecting the health of the public and providing a healthy work -place environment for its employees the City of Iowa City should prohibit the use of e- cigarettes on property owned or controlled by the City on which smoking of traditional cigarettes is prohibited. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It shall be the policy of the City of Iowa City that "alternative nicotine products" and "vapor products" shall be prohibited in all places and on all property owned or controlled by the City on which smoking is currently prohibited either by the Iowa Smokefree Air Act, Chapter 142D of the Code of Iowa or Chapter 10. "Smoke Free Places" of Title 6 of the City Code, as said laws now exist or are hereafter amended. 2. The terms "alternative nicotine products" and "vapor products" as used herein shall be defined as those terms are defined in Section 453A.1 of the Iowa Code. Passed and approved this 16th:day of September , 20 14 roved by ; City Attorney's Office MAYOR ATTEST: 2&,,.,, ,v • `7, � CITY CLERK Resolution No. ]Page 3 14 -280 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton