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HomeMy WebLinkAbout2015-09-15 ResolutionPAUL D. PATE SECRETARY OF STATE September 28, 2015 Marian Karr Iowa City City Clerk 410 East Washington Street Iowa City, IA 52240-1826 Re: Resolution No. 15-286 Dear Ms. Karr, QD OFFICE OF THE IOWA SECRETARY OF STATE LUCAS BUILDING DES MOINES, IOWA 50319 1 2015 You are hereby notified that the resolution, plat map, and legal description pertaining to the voluntary annexation of territory to the City of Iowa City which was approved by the city on September 15, 2015 have been received and accepted by this office as required by Iowa Code section §368.7. You may consider the annexation filed. Please review your city's precinct ordinance (if any) and confer with your county auditor to ensure this territory is assigned to the correct election precinct and/or ward (if any). If you have questions or concerns about this communication, please let me know. Sincerely, Carol Olson Iowa Secretary of State's Office 321 E. 121" St. Des Moines, IA 50315 carol.olson@sos.iowa.gov Cc: Annexations, Iowa Department of Transportation Matt Rasmussen, City Development Board Administrator Co/cj Phone 515-281-5204 Fax 515-242-5953 sos.iowa.gov sosrsos.iowa.gov 09.15-15 4b Prepared by: Katie Gandhi, Planning Intern NDS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 (ANN 15-0000 11REZ1 5-00014) RESOLUTION NO. 15-286 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 18.66 ACRES OF PROPERTY LOCATED AT SOUTH OF HERBERT HOOVER HIGHWAY. (AN N15-00001 /REZ15-00014) WHEREAS, CBD LLC is the owner and legal titleholder of approximately 18.66 acres of land located south of Herbert Hoover Highway; and WHEREAS, the owner, has requested annexation of the approximate 18.66 -acre tract into the City of Iowa City, Iowa; and WHEREAS, the aforementioned property is located within the Long -Range Planning Boundary of the City of Iowa City, and WHEREAS, control of the area proposed for annexation is in the City's best interest because it will allow development in a manner consistent with the Comprehensive Plan; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2015), notice of the application for annexation was sent to the Johnson County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, Scott Township, the Metropolitan Planning Organization of Johnson County, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: LEGAL DESCRIPTION - ANNEXATION PARCEL BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN. JOIINSON COUNTY, IOWA; THENCE N88013'08"W, ALONG THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER 661.53 FEET; THENCE N00°42'12"W, ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE SAID NORTHEAST ONE- QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 7; A DISTANCE OF 1154.79 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; THENCE NORTHEASTERLY. 90.04 FEET, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, AND AN ARC OF A 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 89.94 FOOT CHORD BEARS N61 633'20"E; THENCE NORTHEASTERLY, 232.86 FEET, ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE, AND AN ARC OF A 1085.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 232.41 FOOT CHORD BEARS N81 °15'33"E; THENCE S87°52'41 "E.. ALONG SAID SOUTH RIGHT-OF-WAY LINE, 97.67 FEET; THENCE N89°41 57E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 253.02 FEET, TO A POINT ON THE EAST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SECTION 7, THENCE S00°43'54"E, ALONG SAID EAST LINE, 1251.23 FEET. TO SAID POINT OF BEGINNING, CONTAINING 18.66 ACRES. Resolution No. 15-286 Page 2 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2015) at Owner's expense. 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 15th day of September 2015 MAYOR CITY Ct:ERK App r ved by ity Attorney's Office Resolugo" No. 15-286 Page 2 It was moved by _M_ims and seconded by _ Botchway the Resolution be adopted, and upon roll call there were: AYY+,S: NAYS: ABSENT: x Botchway X Dickens x Dobyns x Hayek x Mims X Payne Unogmorton Prepared by: Kent Ralston, MPOJC Executive Director, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 15-271 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE MPOJC DIVISION OF THE NEIGHBORHOOD AND DEVELOPMENT SERVICES DEPARTMENT AND THE ADMINISTRATIVE PAY PLAN BY DELETING ONE FULL-TIME ASSOCIATE PLANNER POSITION AND ADDING ONE FULL-TIME SENIOR ASSOCIATE PLANNER POSITION. WHEREAS, Resolution No. 15-77, adopted by the City Council on March 9, 2015, authorized budgeted positions in the MPOJC Division of the Neighborhood and Development Services Department for FY16; and WHEREAS, Resolution No. 15-96, adopted by the City Council on April 7, 2015, established a classification/compensation plan for Administrative employees; and WHEREAS, the position will perform as acting director of the MPOJC Division of the Neighborhood and Development Services Department in the Executive Directors absence; and WHEREAS, the position will be responsible for leading project teams, including consultants, to undertake projects for the organization; and WHEREAS, the position will be similar to that of other City divisions and provides a level of advancement for accomplished staff; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the MPOJC Division of the Neighborhood and Development Services Department be amended by: 1. Eliminating one full-time Associate Planner position (AFSCME grade 15). 2. Adding one full-time Senior Associate Planner position (Administrative grade 27). The Administrative pay plan be amended by adding the position Senior Associate Planner, grade 27. Passed and approved this 15th day of ATTEST: c?•i rte, '7C • n(: �✓ CITYN t, RK September ,20 15 It was moved by Mims and seconded by and upon roll call there were: IApp oved by C6t City Attorney's Office Dickens the Resolution be adopted, AYES: NAYS: ABSENT: X Botchway X Dickens X Dobyns X Hayek X Mims Payne �_ Throgmorton r 09-1 - CITY OF IOWA CITY MEMORANDUM Date: September 1, 2015 To: Tom Markus; City Manager From: Doug Boothroy, NDS Director Kent Ralston, MPOJC Director Re: Reclassification of Associate Planner position Introduction: Our intent is to reclassify (1) existing FY16 budgeted 'Associate Planner' position in the Neighborhood and Development Services (NDS) Department to a 'Senior Associate Planner' position. The reclassification will move the existing position from the AFSCME Pay Plan (grade 15) to the Administrative & Confidential Pay Plan (grade 27). History/Background: The position to be reclassified is managed by the in the Metropolitan Planning Organization of Johnson County (MPOJC) Executive Director; MPOJC is a Division of the NDS Department. The reclassification reflects the intent for the position to function as 'acting director' of the division in the Director's absence and reflects the skill set of the position critical to the functions of the organization. The reclassification also provides a senior position within the MPOJC Division which currently does not exist. The senior position will be similar to that of other City divisions and provides a level of advancement for accomplished staff. In addition to the duties of an Associate Planner, the Senior Associate Planner will be responsible for additional administrative duties including leading project teams to undertake projects for the organization. Financial Impact: The impact of this change will increase the FY16 budget for wages and benefits an estimated $1,918. There is no net increase in FTE's as a result of this action. Recommendation: Staff recommends the City Council reclassify (1) existing 'Associate Planner' position in the MPOJC Division of the Neighborhood and Development Services (NDS) Department to a 'Senior Associate Planner' effective upon passage of the accompanying resolution. Prepared by: Geoff Fruin, Assistant City Manager, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5013 RESOLUTION NO. 15-272 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CITY MANAGER'S OFFICE AND THE ADMINISTRATIVE PAY PLAN BY DELETING THE ADMINISTRATIVE ANALYST POSITION AND ADDING AN ASSISTANT TO THE CITY MANAGER POSITION. WHEREAS, Resolution No. 15-77, adopted by the City Council on March 9, 2015, authorized budgeted positions in the City Manager's Office Division of the Administrative Offices Department for FY16; and WHEREAS, Resolution No. 15-96, adopted by the City Council on April 7, 2015, established a classification/compensation plan for Administrative employees; and WHEREAS, Changing duties within the City Manager's Office have led to an increase in complex assignments for the Administrative Analyst position and future needs of the office will require a continued expanded role that justifies a position change; and WHEREAS, The expanded role will include, but is not limited to, comprehensive revision of the City's ADA Transition Plan, as well as increased responsibility for budget oversight and supervisory responsibilities as assigned by the City Manager; and WHEREAS, The change from Administrative Analyst to Assistant to the City Manager more accurately reflects the changing assignments of the current position and further brings the position in line with industry peers performing similar duties; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the City Manager's Office Division of the Administrative Offices Department be amended by: 1. Eliminating one full-time Administrative Analyst position (Administrative grade 26). 2. Creating one full-time Assistant to the City Manager position (Administrative grade 31). The Administrative pay plan be amended by: 1. Deleting the position Administrative Analyst, grade 26. 2. Adding the position Assistant to the City Manager, grade 31. Passed and approved this 15th day of September 20 15 ve by ATTEST:2AOU4jZ� CITY aERK City Attorney's Office Resolution No. ]Page 2 15-272 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton r �`po0r CITY OF IOWA CITY 2d(2) MEMORANDUM Date: September 4, 2015 To: Tom Markus, City Manager From: Geoff Fruin, Assistant City Manager Re: City Manager's Office position change The City Manager's Office is currently staffed with three positions including the City Manager, Assistant City Manager and Administrative Analyst. The Administrative Analyst is a position that was created for an entry level Public Administration employee typically with a graduate degree but little to no direct municipal experience. In the Public Administration field it is common for someone in an analyst position to move to an 'Assistant to' level position after gaining a few years of experience in a municipality. Simon Andrew has served in the Administrative Analyst position since November of 2013. Prior to that he served as Budget Management Analyst in the Finance Department and as an intern in the City Manager's Office. In recent months, Simon has been assigned increasingly complex tasks and I fully expect that it will be necessary to continue to expand his role in our office. I am recommending that Simon be moved to an Assistant to the City Manager position, which will more accurately reflect his expanding role in the organization and bring him in line with peers within our profession that are performing similar duties. Chief among the expanded roles will be leading a comprehensive revision of the City's ADA Transition Plan, as well as increased responsibility for budget oversight and supervisory responsibilities as assigned by the City Manager. The Assistant to the City Manager position has previously been classified within the City's personnel system. The reclassification from Administrative Analyst to Assistant to the City Manager will result in an increased salary and benefit expense of approximately $11,985 upon change (Grade 26, step 7 to Grade 31, Step 1). I believe the change from Administrative Analyst to Assistant to the City Manager more accurately reflects the changing assignments of the current position and further brings the incumbent in line with industry peers performing similar duties. The change will further afford our office more flexibility for direct involvement in City projects and initiatives. Prepared by: Susan Craig, Library Director, 123 S. Linn St, Iowa City, IA 52240 (319) 356-5241 RESOLUTION NO. 15-273 RESOLUTION AMENDING THE AFSCME PAY PLAN BY RECLASSIFYING ONE FULL-TIME LIBRARY WEB SPECIALIST POSITION FROM AFSCME GRADE 11 TO AFSCME GRADE 14. WHEREAS, Resolution No. 15-95, adopted by the City Council on April 7, 2015, established a classification/compensation plan for AFSCME employees; and WHEREAS, a staff vacancy provides an opportunity to make personnel changes; and WHEREAS, web- based library services continue to increase in quantity, complexity, and importance; and WHEREAS, professional and experienced staff is needed to support the creation, organization, and maintenance of the Library web site as well as provide technology support for other library operations, both internal and external ; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The AFSCME classification/compensation plan is hereby amended by reclassifying one full-time Library Web Specialist position from AFSCME grade 11 to AFSCME grade 14. Passed and approved this 15th day of September , 20 15 MAYOR ElATTEST:AApp ved by - JfC- CITY-CLERK City Attorney's Office It was moved by Mims adopted, and upon roll call there were: AYES: X and seconded by NAYS: Dickens the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton QW4 IOWA CITY r%W PUBLIC LIBRARY 123 S. Linn St. • Iowa City, IA 52240 DATE: September 3, 2015 TO: Tom Markus, City Manager FROM: Susan Craig, Library Director RE: Position Reclassification 2d(3) DIRECTOR Susan Craig PHONE 319-356-5200 FAx 319-356-5494 www.icpl.org A recent staff vacancy in the position of Library Web Specialist has provided an opportunity to upgrade skills and responsibilities in an area that is increasingly important to the delivery of library services. Digital services and initiatives are important to our users — digital collection downloads increased more than 20% last year, over 1500 public meetings were booked and over 4,000 people registered for summer reading programs through our website. In addition, gifts are made, reference questions asked and answered, children interact with digital picture books and watch streaming story times, local music and local history are made available to eager users, people learn to speak another language, write a resume, do their family genealogy, and repair their automobile. Management of this operation is complex. Operationally, we needed to enhance the skill requirements and responsibilities in the position of Library Web Specialist. Working with Human Resources to appropriately place the revised position I am proposing that we reclassify the Library Web Specialist, AFSCME, Grade 11; to Library Web Specialist, AFSCME, Grade 14. There will be an additional annual cost of $7,083. I recommend this change to reflect current staffing needs. �. `mom+ CITY OF IOWA CITY UNESCO CITY OF LITERATURE awgrnj i CITY OF IOWA CITY MEMORANDUM Date September 10, 2015 2_ d_ 4ii� To: Tom Markus, City Manager From: Steven Rackis, Housing Administrator / V. Re: Amending the budgeted positions in the Neighborhood Services division of the Neighborhood and Development services department by increasing the position of Section 8 Coordinator from .94 FTE to 1.0 FTE. Background: In this budget year, the Coordinator position was staffed at 75/hours per pay period due to a management approved reduced work schedule. Management always intended the position to be full time. Due to new responsibilities and the addition of 77 VASH vouchers administered by the Section 8 Coordinator, the position will convert back to 80 hours/pay period. Budget Impact• The increase of the Section 8 Coordinator's hours to permanent Full -Time status will have a minimal impact on the Iowa City Housing Authority's budget. The Housing Authority's budget can absorb the salary/benefit increase of $6,115 with no reduction to reserves. Recommendation: Amend the budgeted positions in the Neighborhood Services Division of the Neighborhood and Development Services Department by increasing the position of Section 8 Coordinator to l .OFTE. Prepared by: Steve Rackis, Housing Administrator, 410 E. Washington St, Iowa City, IA 52240 (319) 887-6065 RESOLUTION NO. 15-274 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE NEIGHBORHOOD SERVICES DIVISION OF THE NEIGHBORHOOD AND DEVELOPMENT SERVICES DEPARTMENT BY INCREASING THE POSITION OF SECTION 8 COORDINATOR FROM .94FTE TO LOFTE. WHEREAS, Resolution No. 15-77, adopted by the City Council on March 9, 2015, authorized budgeted positions in the Neighborhood Services Division of the Neighborhood and Development Services Department for FYI 6; and, WHEREAS, in this budget year, the Coordinator position was staffed at 75/hours per pay period due to a management approved reduced work schedule; and, WHEREAS, Management always intended the position to be full time and new responsibilities and the addition of 77 VASH vouchers administered by the Section 8 Coordinator, necessitates converting the position back to 80 hours/pay period; and, WHEREAS, The Housing Authority's budget can absorb the salary/benefit increase of $6,115 with no reduction to reserves. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Neighborhood Services Division of the Neighborhood and Development Services Department are amended by increasing the position of Section 8 Coordinator to LOFTE. Passed and approved this 15th day of ATTEST:y. CITY CLERK It was moved by Mims and upon roll call there were: AYES: September .20 15 MAYOR and seconded by NAYS: A ved by 9 � City Attorney's Office Dickens ABSENT: the Resolution be adopted, Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 2d(5) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-275 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND NATIVE WINES DURING A FRIDAY NIGHT CONCERT ON SEPTEMBER 18, 2015 WITHIN A SPECIFIED AREA ON A CITY STREET. WHEREAS, section 4-5-3D of the City Code allows private entities to sell beer and wine and persons to consume beer and wine in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; WHEREAS, Summer of the Arts, Inc. would like to be able to sell beer and native wines in a demarcated area on the 0-100 block of S. Linn Street during a Friday night concert on September 18,2015; and WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to sign the attached agreement and any needed amendments. Passed and approved this 15th day of September , 2015. MAYOR ATTEST:A"4,e.� CITY'lCff RK Approved by � C, —S -( F City Attorney's Office Resolution No. 15-275 Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND NATIVE WINES DURING A FRIDAY NIGHT CONCERT ON SEPTEMBER 18, 2015 This Agreement is made between Summer of the Arts, Inc. ("SOTA") and the City of Iowa City, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS, SOTA is an "authorized entity" as that term is defined in section 4-5-3D of the City Code; WHEREAS, SOTA has applied for a license to sell beer (with the privileges to sell native wine) during the Friday Night Concert on September 18, 2015 on the 0-100 block of S. Linn Street; and WHEREAS, the parties wish to enter into an agreement to allow SOTA to sell beer and native wine and to allow persons to possess and consume beer and native wines under limited circumstances on the 0-100 block of S. Linn Street. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. In consideration for SOTA's promises herein, the City agrees to allow SOTA control over the area in the 0-100 block of S. Linn Street from 6:00 pm to 10:00 pm on September 18, 2015 as shown on the diagram which is attached, marked Exhibit A, and incorporated herein ("authorized site"). 2. Term. This agreement shall commence on 6:00 pm on September 18, 2015 and shall expire on 10:00 pm on September 18, 2015. 3. Access. SOTA shall take all reasonable steps to ensure that every person on the authorized site has a stamp or wrist band for entry or is an employee of, an independent contractor of, or volunteer for SOTA and shall exclude any person who is not. 4. License. This agreement is void if SOTA does not have a license to sell beer and native wines on the authorized site on September 18, 2015. 5. Sale of Beer/Native Wines and Alcohol Restrictions. SOTA shall only sell beer to a person who is over twenty-one (21) years of age. SOTA acknowledges that the authorized site is subject to all applicable alcohol restrictions in the City Code. 6. Advertisement. SOTA shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior tent wall. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized site without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. SOTA shall be solely responsible for collecting all debris and trash from the authorized site, and the City shall then remove the debris and trash. If SOTA fails to do so and if City staff has to collect the debris and trash from the authorized site, SOTA may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. No Smoking. Smoking is prohibited in the authorized site, and SOTA shall post a no - smoking a sign at the front entrance to the authorized site and two signs inside the authorized site. The signs shall comply with Iowa Code Section 142D.6 (2015). Additionally, the use of electronic cigarettes is prohibited in the authorized site. Electronic cigarette means vapor product as defined in Iowa Code Section 453A.1 (2015). 10. Temporary Toilet and Hand Washing Facilities. SOTA shall provide at its sole cost five (5) temporary toilet facilities in the location shown on Exhibit A, including one (1) that is handicap accessible. SOTA shall further provide at its sole cost three (3) hand washing stations adjacent to the facilities unless the facilities themselves are equipped with hand washing stations. 11. Occupancy and Exits. The maximum occupancy load of the authorized site is 200 persons, and SOTA is solely responsible for maintaining the occupancy limits. SOTA shall post a sign with the maximum occupancy load inside the authorized site. SOTA shall maintain two (2) exits in each authorized site and post "exit" signs at both exits, with the location and size of the signs to be approved by the City Fire Department. Each exit must be a minimum 36 inches in width. 12. Anchoring and Drilling. SOTA shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 13. Fencing. At a minimum, the authorized site shall be enclosed by a double row of fencing. If available, the City prefers a fencing product that is a single fence that consists of six feet (6') interlocking panels with a mesh that does not allow for a container of beer or wine to get passed from through the fencing. 14. [intentionally Left Blankl 15. Insurance. a) Premises Insurance. From 6:00 pm on September 18, 2015 to 10:00 pm on September 18, 2015, SOTA shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site respectively in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. SOTA shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. SOTA shall provide notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. From 6:00 pm on September 18, 2015 to 10:00 pm on September 18, 2015, SOTA shall carry dram shop insurance in compliance with Iowa Code section 123.92 (2015) in the amount of $500,000 (five hundred thousand dollars). SOTA shall provide notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsement. SOTA shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit B, which is attached and incorporated herein. 16. Indemnification. SOTA shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer and native wines on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, or possession of beer and native wines on the authorized site. 17. Non -Discrimination. SOTA shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 18. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 19. Assignment and Subletting. SOTA shall not assign or sublet this agreement without prior written approval of the City. 20. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. Dated, this 15 th day of September, 2015. SUMMER 9F THE ARTS, INC. By: Lisa J. Ba THE CITY OF IOWA CITY l homas M. Markus, City Manager Approvee_ City Attorney's Office 3 m 8688-tLE-OOB ONJN3d W Off E N V) W LU Li N e s LU i [ U t ZQ< O a [ U �,/ - U JL 0 - m < > w t D a 0LL C I Z 0 Z ' O - L N J L Hf1NHAV VMOi ,MNIS NOJ DMHSVAI EXHIBIT B Governmental Immunities Endorsement 1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa, agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. 4 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-276 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY AND IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER DURING NORTHSIDE OKTOBERFEST WITHIN A SPECIFIED AREA ON A CITY STREET. WHEREAS, section 4-5-3D of the City Code allows private entities to sell beer and persons to consume beer in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; WHEREAS, Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District ("District") would like to be able to sell beer in a demarcated area on the street along the 200 and 300 -block of Market Street, the 100 and 200 block of N. Linn Street, and in the City parking lot north of the 300 -block of Market Street during the Northside Oktoberfest; and WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to sign the attached agreement and any needed amendments. Passed and approved this 15th day of September _,2015. ATTEST: %rllitcsGa� 7C 9�L�%f/�—� CI RK Approved by City Attorney's Office ResolutionNo. 15-276 Page 2 It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims x Payne x Throgmorton Drafted by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240;319/356-5030 2015 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER DURING NORTHSIDE OKTOBERFEST This Agreement is made between Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District ("District") and the City of Iowa City, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS, District is an "authorized entity" as that term is defined in section 4-5- 3D of the City Code; WHEREAS, District has applied for a license to sell beer during the Northside Oktoberfest to be held in the Northside; and WHEREAS, the parties wish to enter into an agreement to allow District to sell beer and to allow persons to possess and consume beer under limited circumstances on downtown City streets. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. In consideration for District's promises herein, the City agrees to allow District control over the area in the 200 - 300 block of Market Street, the City parking lot in the 300 block, and 100-200 block of N. Linn St. on October 3, 2015 from 10:00 am to 7:00 pm as shown on the diagram which is attached, marked Exhibit A, and incorporated herein ("authorized site"). 2. Term. This agreement shall be in effect only on October 3, 2015. 3. Access. District shall take all reasonable steps to ensure that only persons over twenty-one (21) years of age have access to beer and that all persons over twenty-one (21) years of age shall be provided either a hand stamp or wrist band upon entry into the authorized site. 4. License. This agreement is void if District does not have a license to sell beer on the authorized site on October 3, 2015. 5. Sale of Beer and Alcohol Restrictions. District shall only sell beer to a person who is over twenty-one (21) years of age. District acknowledges that the authorized sites are subject to all applicable alcohol restrictions in the City Code. 6. Advertisement. District shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior and exterior tent walls. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized sites without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. District shall be solely responsible for collecting all debris and trash from the authorized sites, and the City shall then remove the debris and trash. If District fails to do so and if City staff has to collect the debris and trash from the authorized sites, District may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. No Smoking. Smoking is prohibited in the authorized site, and District shall post a no -smoking a sign at the front entrance to the authorized sites and two signs inside the authorized sites. The signs shall comply with Iowa Code Section 142D.6 (2015). Additionally, the use of electronic cigarettes is prohibited in the authorized site. Electronic cigarette means vapor product as defined in Section 453A.1 of the Code of Iowa (2015). 10. Temporary Toilet Facilities and Hand Washing Stations. District shall provide at its sole cost sixty (60) temporary toilet facilities in the location shown on Exhibit A, including two (2) that are handicap accessible. District shall further provide at its sole cost thirty (30) hand washing stations adjacent to the facilities unless the facilities themselves are equipped with hand washing stations. 11. Occupancy and Exits. The maximum occupancy load of the authorized site is 8,000 persons, and District is solely responsible for maintaining the occupancy limits. District shall post a sign with the maximum occupancy load inside the authorized site. District shall maintain at least three (3) exits in the authorized site and post "exit" signs at all exits, with the location and size of the signs to be approved by the City Fire Department. Each exit must be a minimum 36 inches in width. 12. Anchoring and Drilling. District shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 13. Fencing. At a minimum, the authorized site shall be enclosed by a double row of fencing. If available, the City prefers a fencing product that is a single fence that consists of six feet (6) interlocking panels with a mesh that does not allow for a container of beer to get passed from through the fencing. 14. Insurance. a) Premises Insurance. On October 3, 2015, District shall cant' comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. District shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. District shall notify the City 1 week before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. On October 3, 2015, District shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2015) in the amount of $500,000 (five hundred thousand dollars). District shall provide 1 week notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. 2 c) Governmental - Immunities Endorsement, District shall obtain a governmental immunities endorsement that meets the requirements set forth on Uxhibit S. which is attached and incorporated herein. 1& Indemnification. District shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expertise and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and -agents arising out of the use of the authorized site or sale, consumption, or possession of beer on the authorized site. 17 Non-Discriminabon. District shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employrrent" shall include but not be limited to hiring. accepting, registering, classifying, promoting. or referring to employment. "Public accommodation` shall include but not be limited to providing goods, services, facilities. privileges and advantages to the public. 18. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 19. Assignment and Subletting. District shall not assign or sublet this agreement without prior written approval of the City. 20. Entire Aareement This constitutes the whole agreement between the parties, and may be modified in writing only, duty signed by the parties. Dated, this ___..w. day of September, 2015. IOWA CII Y AND IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEM"T DISTRICT i� By Nancy Bird. Executive Director THE CITY OF IOWA CITY as M Markus, City Managcr C O U r_ E m LU 0 rm 8 m W 6869 -{f9 -6p6 6Vgiyd N Gilbert SI coxxxx'Mxxxxxxx9 Sl romommmwmmw�`maDN � it M E n > z J Z D r O C f y F D C z Y d � �O O Q O O �o O M+IhM'.P.M Mn q' � w �nPfrM L CbODOJY4OJ �DD�D=LaOO X o Moq�MMM n�MM?PP.PPPPM mns�w%mnixxxz¢q" D S 1 '3 &ioPF�gxoM MXgr-, PM M....amw N T p�DD� N N M+J PI'PM M�vM�'O+lx o�k&XXXX .XX><XXXK% r0 y DpYI¢¢=C= [OLYOODDOYJ a o a a � m IT, 0 o p p o 0 0 S M s P r m b• _a N u a O r- c u c U a`i 0.0 i 1 'y 10 O < x Qr coxxxx'Mxxxxxxx9 Sl romommmwmmw�`maDN � it M O E LR D Cc O10N L O`rry ZA O D C 05 �o O uc r � w L � X o �I' D S 1 � T g r m o O LR o �R C �o LL u� X o ` � g g � o � p ry S M s P r V� r- r '3 0.0 x x x o w WO d K1 a o w "6 U d d N L D v>� U J ,[ YY 2 42C W O im 9 C Om O y v in EXHIBIT B Governmental Immunities Endorsement 1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa, agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. 5 2d(7) Prepared by: Jason Reichart, Special Projects Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416 RESOLUTION NO. 15-277 RESOLUTION ACCEPTING THE WORK FOR THE REMOVAL OF 2014 FLOOD -RELATED SAND AND DEBRIS FROM CITY PARK PROJECT WHEREAS, the Engineering Division has recommended that the work for the Removal of 2014 Flood -Related Sand and Debris from City Park Project, as included in a contract between the City of Iowa City and Delong Construction, Inc. of Washington, Iowa, dated December 9, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the 6.14 Flood Parks Category G account # R4173; and WHEREAS, the final contract price is $33,219.90. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th day of September -120 15 ATTEST: CITY CEEERK It was moved by Mims adopted, and upon roll call there were: MAYOR Approved by and seconded by Gt�c,�• City Attorney's Office- Dickens the Resolution be AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Pwe ng/masters/acptwork. doc 9/15 ENGINEER'S REPORT September 4, 2015 � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org City Clerk Iowa City, Iowa Re: Normandy Drive Restoration Project, Phase IIIA Dear City Clerk: I hereby certify that the construction of the Normandy Drive Restoration Project, Phase IIIA has been completed by Advanced Electric Services Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project was bid as a unit price contract and the final contract price is $29,303.90. There were no change or extra work orders for the project. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer pweng/masters/engrpt, doc 2annowift Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5415 RESOLUTION NO. 15-278 RESOLUTION ACCEPTING THE WORK FOR THE NORMANDY DRIVE RESTORATION PROJECT, PHASE IIIA WHEREAS, the Engineering Division has recommended that the work for construction of the Normandy Drive Restoration Project, Phase IIIA as included in a contract between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, Iowa, dated November 7, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Normandy Drive Restoration account # R417; and WHEREAS, the final contract price is $ 29,303.90. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th day of September 120 15 Approved by ATTEST: CITY"'CLERK tity Attorney's Office 7 It was moved by Aims and seconded by adopted, and upon roll call there were: AYES: 03 M Pweng/masters/acptwork.doc 9115 NAYS: Dickens the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton ENGINEER'S REPORT September 3, 2015 �Oz. . —4 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org City Clerk Iowa City, Iowa Re: Removal of 2014 Flood -Related Sand and Debris from City Park Project Dear City Clerk: I hereby certify that the Removal of 2014 Flood -Related Sand and Debris from City Park Project has been completed by Delong Construction, Inc. of Washington, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project was bid as a lump sum contract and the final contract price is $33,219.90. There was one change or extra work orders for the project as described below: 1. Trucking stockpiled trickling filter media for the $ 12,985.70 North Waste Water Treatment Plant Demolition I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer pweng/masters/engrpl. doc 5 2d(10) Prepared by. Sara Sproule, Asst. Controller, & Ron Knoche, Public Works Director, 410 E. Washington St, Iowa City, IA 52240,319-356-5088/5138 RESOLUTION NO. 15-279 RESOLUTION APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2015. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Street Financial Report for the period beginning July 1, 2014, through June 30, 2015, be approved. Passed and approved this 15th day of September , 2015. MAYOR Approved by ATTEST: CITY CtERK ity Attorney's Office It was moved by Mims and seconded by adopted, and upon roll call there were: AYES: x NAYS: Dickens ABSENT: the Resolution be Botchway Dickens Dobyns Hayek Mims Payne Throgmorton GOiowaoor Form 517007 (5-2014) Office of taoal Systems mes A. a 50010 City Name City Number IOWA CITY 3715 Contact Information City Street Financial Report Cover Sheet Now therefore let it be resolved that the city council of IOWA CITY , Iowa name on 09/15/2015 (monWdaylyear) did hereby approve and adopt the annual City Street Financial Report from July 1, 2014 to June 30, 2015 year year Fiscal year 2015 Name E-mail Address Street Address City ZIP code Marian Karr marien-ksrr@iowa-city.org 1410EastWashingtonSucert Iowa City 52240-1826 Hours lPh. Elctensbn Alternate Plan 8:00 AM - 5:00 PM (319) 356-5041 (319) 356-5041 Information Sara Sproule & Ron Knoche ism-sproule@iowa-city.org 1(319) 356-5088 1(319) 356-5138 Mayor Information Address East Washington Street Resolution Number 15-279 Matt Hayek Marian Karr Signature Mayor Signature City Clerk v c CD W= m 3 y d °° C n Z n 3 i x 0 � m. d y M• m- .�11i 3 a w a ^p t to � m m m a p r p•, -q o N U N F N � O ' O b d Ifm -:� v `Kc `,� p '� m O O N 3 � n .7 0 .C.. s OG p m a m .l w s � n Z 3 i m, 0 � m. v m M• m- .�11i 3 a a ^p t to � m m m a p r p•, -q o N U N F N � O ' O O Ifm -:� v `Kc `,� p '� m O O N 3 � .7 0 .C.. OG p m a Z a m N N < o m 0 m m v n O D fD 0 W _ W G {11 O mmQ. W v a a �• u •`Di m, � S .�- p n 3 oq.. ' $ v r► W o° ° �' m n rn 0 m v z Wzz9 o v v y � K .l w s � � 0 O r U'j O. 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Oo N N A d 1 m %< O r x O y O .may Ed 9 C � o 3 � �TT c N T � m (D O K � d m a H C J H H H H H H H H H H H H m N 70 O 'V J N N O� W W J VJ b L C NL a� 5, 00 5,00 N � M 3 m in n 9 %< O V;l S O � 3 � �TT c N T � (D O M O � K 7 a d 3, >01. m Ego 3 �1 Qa D 3 � � C! N > 0 S 0 20a2a 3 ONTOw N O W a a I M K 7 � (� 3 �1 Qa D 3 � � C! N ti S C .► 3 O Prepared by: Melissa Clow, Special Projects Administrator, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5413 RESOLUTION NO. 15-280 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT [6-15-STPPU- 19] FOR THE IOWA CITY GATEWAY PROJECT. WHEREAS, the City of Iowa City desires to elevate Dubuque Street above the100-year flood elevation plus one -foot and elevate the Park Road Bridge's lowest structure elevation above the 200 -year flood elevation plus one -foot to improve its reliability and decrease flooding on the roadway, allowing it to remain open during future flood events; and WHEREAS, the City of Iowa City will address traffic constraints at the Dubuque Street / Park Road intersection, improve side road and intersection geometry throughout the corridor, accommodate safe and convenient connections to the Iowa River Corridor Trail and enhance the multi -modal functions of the entire corridor; and WHEREAS, the City submitted a U.S. Department of Transportation Appropriations request to the federal government and applied for federal Surface Transportation Program (STP) funding through the MPOJC for these improvements, known as the Iowa City Gateway Project or the Park Road Bridge replacement and Dubuque Street elevation project; and WHEREAS, the federal funds have been appropriated based on these requests for this Project, to be administered through the Iowa Department of Transportation pursuant to a funding agreement with the City; and WHEREAS, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation for the construction of the Iowa City Gateway Project [HDP - 3715(652) --71-52]. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. Passed and approved this 15th day of September 2015. MAYOR—� bl App ovae¢d ATTEST:orb 'OCITh`SLERK CAtty's Wfce7i%srti �i S Resolution No. 15-280 ]Page 2 It was moved by Mims_ and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton June 2013 IOWA DEPARTMENT OF TRANSPORTATION Federal -aid Agreement for a Non -Primary Highway Project Recipient: Iowa City Project Number(s): HDP -3715(652)--71-52 Iowa DOT Agreement Number: 6-15-STPPU-19 CFDA No. and Title: 20.205 Highway Planning and Construction This is an agreement between Iowa City, Iowa (hereinafter referred to as the Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44, provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. Federal regulations require Federal funds to be administered by the Department The United States Congress has provided funding for this project under Division A, Title I, Surface Transportation Priorities Projects of the Consolidated Appropriations Act, 2010, Public Law 111-117, which are referred to hereinafter as STPP funds. The Recipient has received Federal funding through the Surface Transportation Program (STP), which was continued by the Moving Ahead for Progress in the 21" Century (MAP -21), Public Law 112-141, now codified at Section 133(b) of Title 23, United States Code (U.S.C.). STP funds are available for construction, reconstruction, rehabilitation, resurfacing, restoration and operational or safety improvement projects on Federal -aid highways, bridges on any public road, and several other types of projects, as specified in 23 U.S.C. 133(b). Federal -aid highways include all Federal Functional Classifications, except for rural minor collectors or local roads. Pursuant to the terms of this agreement and applicable statutes, the Department agrees to provide the funding named above to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person shall be the District 6 Local Systems Engineer. The Recipient's contact person shall be the City Engineer, or their designated representative. 3. The Recipient shall be responsible for the development and completion of the following described project Park Road Bridge replacement and Dubuque Street elevation project. 4. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from STPP funds (Demo I.D. IA 240). The portion of the project costs reimbursed with STPP funds shall be limited to a maximum of either 100 percent of eligible costs (other than those reimbursed with other Federal funds) or $1,499,744, whichever is less. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way acquisition. Under certain circumstances, eligible activities may also include utility relocation or railroad work that is required for construction of the project. 5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from STP funds, The portion of the project costs reimbursed with STP funds shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other Federal funds) or the amount stipulated in the approved Statewide Transportation Improvement Program (STIP), whichever is less. 6. The Recipient shall comply with Exhibit 1, General Agreement Provisions for use of Federal Highway Funds on Non -primary Highways, which is attached hereto and by this reference is incorporated into this agreement. 7. The Recipient shall let the project for bids through the Department. Federal -aid Agreement for a Nan -Primary Highway Project Page 2 8. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 9. It is the intent of both parties that no third party beneficiaries be created by this agreement. 10. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same agreement. 11. This agreement and the attached exhibits constitute the entire agreement between the Department and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the date shown opposite its signature below. City of Iowa City: By Title Mayor Mariam K. Karr September 15 12015 certify that I am the City Clerk of Iowa City, and that Matthew J. Hayetc , who signed said Agreement for and on behalf of the City was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the city on the 15th dayof September 2015. Signed—k.91 .IBJ e, 'Tw�J City Clerk of Iowa City, Iowa Iowa Department of Transportation: Highway Division By eAnt L. Ellis. P Local Systems Engineer District 6 Date September 15 , 2015 Date _-�ft'"AN,- Z uL, —&o I -C November 2012 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non -primary Projects Unless otherwise specified in this agreement, the Recipient shall be responsible for the following: 1. General Requirements. a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: hffp://wvwe.iowadot.gov/local systems/ publications/im/lpa_ims.htm. The Recipient shall followthe applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Recipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. The Recipient agrees to comply with the requirements outlined in I. M. 1.070, Title VI and Nondiscrimination Requirements. c. The Recipient shall comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient shall make such facilities compliant with the ADA and Section 504. d. To the extent allowable by law, the Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. e. As required by the 49 CFR 18.26, the Recipient is responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S. c. 7501-7507) and revised Office of Management and Budget (OMB) Circular A-133. Subpart B of OMB Circular A-133 stipulates that non -Federal entities expending $500,000 or more in Federal awards in a year shall have a single or program -specific audit conducted for that year in accordance with the provision of that part. Auddee responsibilities are addressed in subpart C of OMB Circular A-133. The Federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal Domestic Assistance (CFDA) number and title as shown on the first page of this agreement. If the Recipient will pay initial project costs and request reimbursement from the Department, the Recipient shall report this project on its SEFA. If the Department will pay initial project casts and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Recipient shall not report this project on its SEFA. f. The Recipient shall supply the Department with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170, g. The Recipient shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: 1. The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The Recipient shall comply with the requirements of I. M. 3.710, DBE Guidelines. Exhibit 1 Page 2 iii. The Department's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The Federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allowthe Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Recipient with written notice of termination pursuant to this section. 2. Programming and Federal Authorization. a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. b. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Recipient shall submit a written request for FHWA authorization to the Department. After reviewing the Recipient's request, the Department will forward the request to the FHWA for authorization and obligation of Federal funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds. 3. Federal Participation in Work Performed by Recipient Employees. a. If Federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the Recipient, the Recipient shall follow the procedures in I.M. 3.310, Federal -aid Participation in In -House Services. to If Federal reimbursement will be requested for construction performed by employees of the Recipient, the Recipient shall follow the procedures in I. M. 3.810, Federal -aid Construction by Local Agency Forces. G. If the Recipient desires to claim indirect costs associated with work performed by its employees, the Recipient shall prepare and submit to the Department an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 225. Before incurring any indirect costs, such indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount of Federal funds to the Recipient. 4. Design and Consultant Services a. The Recipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PSBE). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. b. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require Exhibit 1 Page 3 a qualifications -based selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.305, Federal -aid Participation in Consultant Costs. c. If Preliminary Engineering (PE) work is Federally funded, and if right-of-way acquisition or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay to the Department the amount of Federal funds reimbursed to the Recipient for such PE work. PE includes work that is part of the development of the PS&E for a construction project. This includes environmental studies and documents, preliminary design, and final design up through and including the preparation of bidding documents. PE does not include planning or other activities that are not intended to lead to a construction project. Examples include planning, conceptual, or feasibility studies. 5. Environmental Requirements and other Agreements or Permits. a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The Recipient shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.105, Concept Statement Instructions, 3.110, Environmental Data Sheet Instructions, 3.112, FHWA Environmental Concurrence Process, and 3.114, Cultural Resource Guidelines. b- If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Recipient shall follow the procedures in I.M. 3.120, Farmland Protection Policy Act Guidelines. c. The Recipient shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U. S. Army Corps of Engineers, the Department, or other agencies as required. The Recipient shall follow the procedures in I.M. 3.130, 404 Permit Process, 3.140, Storm Water Permits, 3.150, Highway Improvements in the Vicinity of Airports or Heliports, and 3.160, Asbestos Inspection, Removal and Notification Requirements. d. In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that exceed $100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Recipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. Rightof-Way, Railroads and Utilities. a. The Recipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I. W 3.605, Right -of -Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no Federal funds are used for right-of-way activities. The Recipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal funding for right-of-way acquisition, the Recipient shall also obtain FHWA authorization before purchasing any needed right-of- way. b. If the project right-of-way is Federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay the amount of Federal funds reimbursed for right-of-way costs to the Department. c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Recipient shall obtain agreements, easements, or permits as needed from the railroad. The Recipient shall follow the procedures in I.M. 3.670, Work on Railroad Right -of -Way, and I.M. 3.680, Federal -aid Projects Involving Railroads. Exhibit 1 Page 4 d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way for projects on non -primary Federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Recipient shall follow the Iowa DOT Policy for Accommodating Utilities on Primary Road System. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal funding reimbursement. The Recipient should also use the procedures outlined in I. M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. e. If the Recipient desires Federal reimbursement for utility costs, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations. 7. Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer or architect, as applicable, licensed in the State of Iowa. b. For projects let through the Department, the Recipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and approval in accordance with I.M. 3.505, Check and Final Plans and I.M. 3.510, Check and Final Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Recipient for individual construction items shall be approved by the Department iii. Follow the procedures in I. M. 3.730, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, execute the contract documents and return to Department. c. For projects that are let locally by the Recipient, the Recipient shall follow the procedures in I. M. 3.720, Local Letting Process, Federal -aid. d. The Recipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 3.750, Project Development Certifications Instructions. The project shall not receive FHWA Authorization for construction or be advertized for bids until after the Department has reviewed and approved the Project Development Certification. e. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 26.12. f. The Recipient shall not provide the contractor with notice to proceed until after receiving written notice the Iowa DOT has concurred in the contract award. 8. Construction. a. A full-time employee of the Recipient shall serve as the person in responsible charge of the construction project. For cities that do not have any full time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. Exhibit 1 Page 5 c. For projects let through the Department, the project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Recipient shall comply with the procedures and responsibilities for materials testing according to the Department's Materials I M.s. Available on-line at: http://www.iowadot.gov/erl/current/lWnavigation/nay.htm. d. For projects let locally, the Recipient shall provide materials testing and certifications as required by the approved specifications. e. If the Department provides any materials testing services to the Recipient, the Department will bill the Recipient for such testing services according to its normal policy as per Materials I.M. 103. f. The Recipient shall follow the procedures in I.M. 3.805, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. 9. Reimbursements. a. After costs have been incurred, the Recipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least annually but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1 if possible, but no later than August 15. C. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Recipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the Federal share of construction costs or 5% of the total Federal funds available for the project, whichever is less. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the Federal funds withheld. e. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any Federal or State funds received, any special assessments made by the Recipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient does exceed the total project costs, the Recipient shall either: 1) in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or 2) refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate State fund account in the amount of refunds received from the Recipient. 10. Project Closeout. a. Within 30 days of completion of construction and / or other activities authorized by this agreement, the Recipient shall provide written notification completed pre -audit checklist to the Department. The Recipient shall follow and request a final audit, in accordance with the procedures in I.M. 3.910, Final Review, Audit, and Close-out Procedures for Federal -aid Projects. Exhibit 1 Page 6 b For construction projects, the Recipient shall provide a certification by a professional engineer or architect, as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications_ c. Final reimbursement of Federal funds shall be made only after the Department accepts the project as complete. d. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Recipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the Recipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval of the final closure document, the Department will notify the Recipient of the record retention date. e. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. � r��W " ` AN' CITY OF IOWA CITY MEMORANDUM DATE: August 26, 2015 TO: Tom Markus, City Manager FROM: Jason Havel, City Engineer -> 144 - RE: Funding Agreement between the Iowa Department of Transportation (DOT) and the City of Iowa City for the Iowa City Gateway Project, HDP -3715(652)--71-52 Introduction: This funding agreement is between the Iowa Department of Transportation (DOT) and the City of Iowa City for the Iowa City Gateway Project. The agreement details the responsibilities of the Iowa DOT, the City of Iowa City as the Local Public Agency (LPA) and the funding sources. History/Background: This project will elevate Dubuque Street to the 100 -year +1 -foot flood elevation and reconstruct the Park Road Bridge as a Through -Arch Bridge with the low steel elevation raised to one -foot above the 200 -year flood elevation. Impacted utilities and intersections will be improved with the project as well, including the trunk sanitary sewer from Foster Road south through the Dubuque Street corridor. Park Road from the Iowa River to Riverside Drive will be widened to a 3 -lane section to assist cars entering and leaving Upper & Lower City Park and the new Hancher Auditorium. Discussion: The Iowa City Gateway project is currently scheduled for the January 20, 2016 Iowa D.O.T. letting. Final plans (90% complete) are expected to be delivered to the City for review in mid-September. The City of Iowa City will be the construction administrator for the project with the Iowa DOT District 6 Local Systems Engineer being the local contact. Financial Impact: The estimated construction cost of the project is $52,000,000.00. The funding sources are as follows: $6M in Surface Transportation Program (STP) Funds and $1.5M from the Transportation, Urban Housing and Development Committee on Appropriations. This funding will provide up to $7.5M toward construction costs. These amounts are in addition to the $3M Economic Development Administration Grant that assisted with the costs associated with final design and engineering. General Obligation Bonds and the Local Option Sales Tax revenue will be used for local participation. Recommendation: Staff recommends adopting the resolution to approve the Funding Agreement between the Iowa DOT and the City of Iowa City for the Iowa City Gateway Project. Cc: Ron Knoche Melissa Clow 09-15-15 2d(11) , Prepared by: Jason Reichart, Special Projects Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5416 RESOLUTION NO. 15-281 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT NO. 1 TO THE JUNE 3, 2014 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SNYDER & ASSOCIATES, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FIRST AVENUE GRADE SEPARATION PROJECT. WHEREAS, the City of Iowa City entered into a contract for consulting services with Snyder & Associates, Inc., of Ankeny, Iowa, on June 3, 2014 to prepare plans for First Avenue Grade Separation Project; and WHEREAS, the project was let by the Iowa Department of Transportation on March 17, 2015 and the construction contract was executed on April 13, 2015; and WHEREAS, the City desires to secure the services of the Consultant to provide construction period services and assist City Staff during the construction of the First Avenue Grade Separation Project; and WHEREAS, the City of Iowa City has negotiated Amendment No. 1 to the June 3, 2014 Agreement for said consulting services with Snyder & Associates, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Snyder & Associates, Inc.; and WHEREAS, funds for this project are available in the First Avenue/IAIS RR Crossing Improvements account # S3871 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Amendment No. 1 to the Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Amendment No. 1 to the Consultant's Agreement. Passed and approved this 15th day of September —,20 15 4ity proved by ATTEST: �� C CITY -CLERK Attorney's Office -7 Iff pweng\masters\Res-ConsultAgt. doc Resolution No. 15-281 Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton CONSULTANT AGREEMENT FIRST AVENUE GRADE SEPARATION PROJECT AMENDMENT NO. 1 CONSTRUCTION PERIOD SERVICES THIS AMENDMENT NO. 1 to the June 3, 2014, Consultant Agreement for the First Avenue Grade Separation Project, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Snyder & Associates: Inc., of 2727 SW Snyder Boulevard, Ankeny, --- Iowa-5002-1-,-hereinafter-r-efer-r-ed-to-as-the-Consultant,-is-made-and-entered-into-this--15th day of September , 2015. WHEREAS, the Consultant completed a study of incomplete plans for the First Avenue Grade Separation Project, and determined the scope of services necessary to provide complete construction documents, including plans, specifications and other related documents necessary for an Iowa Department of Transportation bid letting; and WHEREAS, plans for First Avenue Grade Separation Project were completed by the Consultant and approved by the City on February 23, 2015; and WHEREAS, the project was let by the Iowa Department of Transportation on March 17, 2015 and the construction contract was executed on April 13, 2015; and WHEREAS, project construction began on April 28, 2015; and WHEREAS, the City desires to secure the services of the Consultant to provide construction period services, as detailed below, to assist City Staff on an as needed basis during the construction of the First Avenue Grade Separation Project; and NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. 1. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. 1.) Site Visits Snyder & Associates, Inc. shall visit the construction site at intervals appropriate to the stage of construction to observe the progress and the quality of the work, and determine if the results of the construction work substantially conform to the contract documents. It is estimated that one site visit every month for 10 total months by local representation and four (4) site visits for other design staff from the Des Moines area. Site visits will be coordinated and approved by the City Engineer. Snyder & Associates, Inc. shall notify the City of any known work which is believed to be unsatisfactory, faulty, or defective, or does not substantially conform to the contract documents, make recommendations to the City for the correction of nonconforming work and, at the request of the City, see that these recommendations are implemented by the Contractor. Page 1 Said site visits and observations are not intended to be an exhaustive check or a detailed inspection of the Contractor's work but rather are to allow Snyder & Associates, Inc. to become generally familiar with the Work in progress and to determine, in general, if the work substantially conforms to the contract documents. 2.) Design Interpretation Snyder & Associates, Inc. shall answer design interpretation questions from the Engineer, Contractor, and review agencies. It is estimated two (2) hours of consultati-aLe_r�eq iresiRei we-elkfQr-aAotaLQL40—w-eeks`Fi.naLle\ceLofjnvotvement for design consultation will be determined through written (e-mail correspondence is acceptable) direction from the City. 3.) Shop Drawing Review Snyder & Associates, Inc. shall assist the City in reviewing shop drawings as requested by the City, including, but not limited to, submittals for the temporary shoring wall design, assist the City in preparing pile driving graphs utilizing the WEAP method which includes a Wave equation analysis assuming the Contractor can identify which proposed pile driving hammer will be used for each section of wall, storm sewer structures, water main, pedestrian hand rail and guard rail, form liner, and mock up with staining as submitted by the Contractor for general compliance with the contract documents. Final level of involvement for shop drawing review will be determined through written (e-mail correspondence is acceptable) direction from the City. 4.) Structural Services Snyder & Associates, Inc., or its subconsultant shall assist the City in development of pile driving capacity charts, guidance in pile driving documentation, review of bridge steel fabrication shop drawings, attend prefabrication meeting, review of bridge rail shop drawings, review Contractor's bridge deck forming construction methods, and attend a pre -pour meeting. Final level of involvement will be determined through written (e-mail correspondence is acceptable) direction from the City. 5.) Construction Review Snyder & Associates, Inc. shall participate in the final inspection and assist in preparing a punch list of items to be completed. On the basis of such inspection, Snyder & Associates, Inc. shall determine if the project is substantially complete according to the contract documents and shall make a recommendation to the City regarding final payment and acceptance of the project. Time estimated for one final site visit by two design staff, punch list preparation, and follow up coordination. 6.) Iowa Interstate Railway (IAIS) Mainline Alignment Revisions Snyder & Associates, Inc. shall revise the mainline north and south IRIS railroad alignment between First Avenue and Proctor & Gamble spur lines. Included in these design changes are updating the earthwork, railroad subballast and other associated quantities, providing updated plan sheets for City and IRIS review, providing City and Contractor updated digital files for construction of said revisions. Digital files will not be sent to the Contractor until the City and IRIS have approved of the plan revisions. 7.) Record Drawings Page 2 Prepare construction record drawings defining the actual location of improvements and fixtures after construction is complete. Record drawings shall be delivered to the City within 90 days after project acceptance by the City. The Consultant shall prepare record drawings showing those changes made during construction, based on the marked -up drawings and other data furnished by the Contractor and the City. The Consultant shall provide the City with one (1) electronic (PDF) reproducible copy of the record drawings and one (1) copy of the complete revised design files in AutoCAD format. II. TIME OF COMPLETION The Consultant shall complete the Scope of Services in accordance with the schedule shown. Approval of Agreement: August 2015 Construction Period Services: The services described above shall be on an as needed basis during construction of the First Avenue Grade Separation Project. The Consultant shall be available to perform these services effective immediately and until the project is accepted by the City (except submittal of record drawings). Submittal of Record Drawings: Within 90 Days of Project Acceptance by the City. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the hourly not to exceed amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be Page 3 exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any tate; federai, ortoca' Id orany of Frees yof lows City, lowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Page 4 Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES In consideration of the services, work, equipment, supplies, or materials provided herein, the City agrees to pay the Consultant an hourly not -to -exceed fee of $57,300, which includes any authorized reimbursable expenses, pursuant to the Standard Fee Schedule set forth in Attachment A, attached and incorporated herein. Consultant shall -bill -the City mon hly or services and reimbursable expenses. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. FOR THE CITY By: Title: Mayor Date: September 15, 20/155 ATTEST: /f(�2iLGs�itt� 7� �C�iL� Page 5 FO TH C SU ANT By � ,[ Title: ��.% a /W Date:yw- st +fid /,f7 Approved by: City Attorney's Office $ lze ll.S Date Attachment A SNYDER & ASSOCIATES, INC. -- STANDARD-FEE—St;HEDHLE Billing Classification/Level Billing Rate Engineer, Landscape Architect, Land Surveyor, Legal, GIS, Environmental Scientist Project Manager, Planner, Right -of -Way Agent, Graphic Desi ner Principal $183.00 /hour Ptinci al $172.00 /hour Senior $156.00 /hour VIII $144.00 /hour VII $137.00 /hour VI $132.00 /hour V $123,00 /hour IV 1 $112.00 /hour III $104.00 /hour II $94.00 1/hour I Technicians--CADD, SurveY, Construction Observation $81.00 /hour Lead $110.00 /hour Senior $106.00 /hour VIII $99.00 /hour VII $91.00 /hour VI $81.00 /hour V $73.00 /hour IV$67.00 /hour III $56.00 /hour II1 $47.00 Iihour I Administrative II $42.00 /hour $56.00 libbUr I $46.00 /hour Mileage rd rate Outside Services rislrrnoiced Page 6 09-15-15 -�_- CITY OF IOWA CITY 2d(12)� MEMORANDUM Date: September 3, 2015 To: Tom Markus, City Manager From: Jason Havel, City Engineer -s: & Re: Amendment to Consultant Agreement for the First Avenue Grade Separation Project Introduction: The September 18, 2015 City Council agenda includes a resolution relating to an amendment to the design Consultant Agreement for the First Avenue Grade Separation Project. History/Background: The City of Iowa City entered into a contract for engineering consulting services with Snyder & Associates, Inc., of Ankeny, Iowa, on June 3, 2014 to prepare preliminary and final design for the First Avenue Grade Separation Project. Plans were completed by the Consultant and approved by the City on February 23, 2015. The project was let by the Iowa Department of Transportation on March 17, 2015 and the construction contract was executed on April 13, 2015. Construction of the First Avenue Grade Separation Project began on April 28, 2015. Discussion of Solutions: City Staff desires to secure the services of the Consultant to provide construction period services and assist City Staff during the construction of the First Avenue Grade Separation Project. Snyder & Associates will review submittals and shop drawings, review and answer questions from contractors, clarify design and construction documents, attend construction progress meetings, and provide oversight assistance. Financial Impact: An Hourly not to Exceed fee of $57,300 has been negotiated with Snyder & Associates, Inc. for services performed beyond the original contract scope. The amendment is based on Snyder & Associates 2015-16 Standard Fee Schedule. Recommendation: Staff recommends approving the amendment to the original First Avenue Grade Separation Project Consultant Agreement. 59-15-15 2d(13) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-282 RESOLUTION RESCINDING RESOLUTION NO. 15-133. WHEREAS, Resolution No. 15-133 approved submitting an application for Hazard Mitigation Grant Program funding to buy a few homes in the 100 -year flood plain that required a City match of $204,000; WHEREAS, the State subsequently informed the City that its match would be $218,879 and that the City needed to pass another resolution reflecting the new match, which the City did in Resolution 15-269; and WHEREAS, Resolution No. 15-133 should be rescinded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 15-133 is rescinded. Passed and approved this 15th day of September, 2015. NVARTAY61:11111 ATTEST: J �C�tJL9 4' d i CIT CLERK City Attorney's Office Resolution No. Page 2 15-282 It was moved by Mims and seconded by Dickens 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 UU-1 0 -Tr 2d(14) Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 15-283 RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY HY-VEE GAS WHEREAS, on December 17, 2014, an employee of Hy -Vee Gas violated Section 453A.2(1) of the Code of Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of this violation Hy -Vee Gas held a retail cigarette permit and was located at 260 Stevens Drive, Iowa City; and WHEREAS, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(1); and WHEREAS, pursuant to Section 453A.22(3), if an employee of a retailer violates Section 453A.2(1), the retailer shall not be assessed a penalty under Section 453A.22(2), and the violation shall be deemed not to be a violation of Section 453A.2(l) for the purpose of determining the number of violations for which a penalty may be assessed pursuant to Section 453A.22(2), if the employee in question holds a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation; and WHEREAS, the Hy -Vee Gas employee who violated Section 453A.2(1) held a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation; and WHEREAS, Hy -Vee Gas wishes to assert the affirmative defense set out in Section 453A.22(3) in order to avoid a civil penalty for its employee's violation of Section 453A.2(1) and has signed an Acknowledgment of Use of Section 453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and WHEREAS, a retailer may assert the affirmative defenses set out in Section 453A.22(3) only once in a four-year period for a violation of Section 453A.2 that takes place at the same place of business location and if an employee of Hy -Vee Gas again violates Section 453A.2(1) within a four-year period, Hy -Vee Gas will be subject to a civil penalty as provided by Section 453A.22(2), after proper notice and opportunity for hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept Hy -Vee Gas's use of a Section 453A.22(3) affirmative defense and should accept Hy -Vee Gas's signed Acknowledgment of the same. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: September 15, 2015 Mgm� t 'A Mayor, City of Iowa ATTEST:Lti� City , City of Iowa City Resolution No. 15-283 Page 2 It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 2d(15) Prepared by: Sara Hektoen, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319/356-5030 RESOLUTION NO. 15-284 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONSENT FOR COLLATERAL ASSIGNMENT OF AGREEMENT FOR PRIVATE REDEVELOPMENT BY IOWA CITY HOTEL ASSOCIATES LLC TO WEST BANK. WHEREAS, the City of Iowa City, Iowa, entered into an Agreement for Private Redevelopment with Iowa City Hotel Associates, L.L.C., dated as of the 23rd day of March, 2015 with respect to certain minimum improvements to be constructed on property located at 328 South Clinton Street in Iowa City, Iowa, which is located within the City -University Project 1 Urban Renewal Area; and WHEREAS, in order to secure lending for this project, Iowa City Hotel Associates, L.L.C. has requested the City to consent to its pledge and assignment of all of its right title, and interest in to and under the Agreement to and for the benefit of West Bank; and WHEREAS, Staff recommends approval of this resolution to enable to project to proceed as contemplated in the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Upon the direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest a consent to the collateral assignment of the Agreement for Private Redevelopment by Iowa City Hotel Associates to West Bank. Passed and approved this 15th day of September _'2015. MAYOR ATTEST: - 9641r"tz CITY -CLERK Approved by 11 Cit y Attorney's Office 9 /'/�S Resolution leo. ]Page 2 15-284 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: Dickens the ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 09-15-15 2e(1) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-285 RESOLUTION SETTING PUBLIC HEARING FOR OCTOBER 6, 2015, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1104 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 1104 East Burlington Street, Iowa City; and WHEREAS, the City has received an offer to purchase 1104 East Burlington Street for the principal sum of $199,600 (the amount the City paid to acquire the home), plus the "carrying costs", 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, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The City Council does hereby declare its intent to convey a single family home located at 1104 East Burlington Street, Iowa City, Iowa, also known as part of Lot 24 in J. & J.W. Clark's Addition, Iowa City, Iowa, for the sum of $199,600, plus the "carrying costs". 2. A public hearing on said proposal should be and is hereby set for October 6, 2015, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 15-285 Page 2 It was moved by Mims and seconded by Dickens 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 15th day of September , 2015. gal ATTEST: -e' CITY RK Approved by City Attorney's Office Discussion of an application submitted by St. Andrew Presbyterian Church for a preliminary plat of St. Andrew Presbyterian Church — Part One, a 2-lot with an outlot, 33.37 acre subdivision for property located north of Camp Cardinal Boulevard and east of Camp Cardinal Road. (SUB15-00019) ttlO-.vw&. cpcv CIWVteCY3v2Ie-FO "n9UtanZcNnW1aP OW Y,M0.cWw� :: - _ ..:F K.ro�1'An9'Aa'1 ZOr•n01Aa0 CC n�yiY 1 c T.o Yi rl l� .T ...6 's.n 11.- N- �rf K n. r R. m } 1 � I Ya Y ,r mann II 1 1 I �.•M F I �'�' y �11f1`j`R�l I 1 / f�Y 4 � n�yiY 1 c T.o Yi rl l� .T ...6 's.n 11.- N- �rf K n. r R. q cJ I y ry , EFSrIXG ZW NL ' - PecPosso CONN. mo -s oco i.CxNIG 'Y, /WATER B C E MANAGEMENT MPHP6EXi PaEP —_-\ AIN E�TENSION � TINGlow c - OSE y LOT 2 Rs -5 PROPOSE- L-11 N PR�o5ED-.`2NiRG='43 �vu. E_rrEL+51cr d a� (va PCREs)- s c �v0.Nr.s sExEa ExrexvoN AREA R �NNMESW PRESBvrER nv ys zoNNG nuP 'PRNµBiro cu&c �� I mrm,¢ — i NwxG COUNT REQUIRED FPM NG GGUN, FROF0.cEp -- l OS NO 55 DB2 SrPL15 'SCUP S. 568 jam\ 95 STALLS EO Q SAW i5 / 6 5*nLL5 / p (CYCLE 5 5 EpUIRED L SnN SS 95 STALLS 4i "tea Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA 52240, 319-356-5240 (SUB15-00019) RESOLUTION NO. 15-287 RESOLUTION APPROVING THE PRELIMINARY PLAT OF ST. ANDREW PRESBYTERIAN CHURCH - PART ONE, IOWA CITY, IOWA. WHEREAS, the owner, St. Andrew Presbyterian Church, filed with the City Clerk, an application for approval of the preliminary plat of St. Andrew Presbyterian Church - Part One, 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 Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; 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 St. Andrew Presbyterian Church - Part One, 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 15 day of Sent , 20_L5 ATTEST: y(� . 7044/ CITY RK MAYOR ''� Approved �pb�y City Attorney's Office ? It was moved by Dobyns and seconded by sotchway the Resolution be adopted, and upon roll call there were: AYES: X x X X_ X X X slpcd\preliminary plat - resolution.doc NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton STAFF REPORT To: Planning and Zoning Commission Prepared by: Bob Miklo Item: SUB15-00019 Date: September 3, 2015 St. Andrew Presbyterian Church — Part One GENERAL INFORMATION: Applicant: St. Andrew Presbyterian Church 1300 Melrose Avenue Iowa City, IA 52241 Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Hall & Hall Engineers, Inc. Jason Santee, P.E. 319-362-9548 Jason@halleng.com Preliminary Plat approval for a 2 -lot subdivision with one outlot for future development To allow the development of a church and two lots for future development North of Camp Cardinal Boulevard and east of Camp Cardinal Road 33.37 acres Vacant, RS -5 pending rezoning to OPD -5 with Sensitive Areas Development Plan North: Undeveloped, ID -RS South: Undeveloped, ID -RS East: Residential, OPD -1 West: Undeveloped, P and ID -RP Residential 2 -8 dwelling units per acre Clear Creek (NW1) August 19, 2015 October 3, 2015 On August 6 the Commission recommended approval of a rezoning of this 33.3 -acre property from Low Density Single Family Residential (RS -5) to Planned Development Overlay/Low Density Single Family Residential (OPD -5). The purpose of the OPD zone is for a Sensitive Areas Plan to 2 Plan to allow the reduction of wetland buffers and mitigation for portions of wetlands proposed to be disturbed by grading for stormwater management facilities. The City Council will consider the rezoning at its September 1 meeting. The applicant is now requesting approval of a preliminary plat of St. Andrew Presbyterian Church — Part One, a two -lot subdivision with one outlot for future development. The applicant has also applied for a special exception to allow construction of a church and associated parking lots on Lot 1 (24.19 acres). Development is not currently proposed on Lot 2 (3.48 acres) or Outlot A (4.39 acres), which is label for future development. St. Andrew Church indicated that they used the `Good Neighbor Policy' and held a neighborhood meeting on July 30th, 2014 at which the original rezoning from ID -RS to RS -5 and the special exception application were discussed. ANALYSIS: Compliance with Comprehensive Plan and Zoning Code: The Comprehensive Plan future land -use map shows the subject property as being appropriate for low-density single-family residential development. The underlying RS -5 zoning allows single family lots with a minimum size of 8,000 square feet with a minimum 60 -foot wide lot width. Duplexes and attached single family units are allowed on corner lot. It is likely that Lot 2 and the Outlot A will be re -subdivided to allow single-family lots unless they are rezoned to allow other uses. Religious institutions are allowed by special exception in the RS -5 zone (the Board of Adjustment will consider a special exception on September 9). Staff finds that the design of the subdivision complies with the Comprehensive Plan and zoning. The property is subject to a Conditional Zoning Agreement (CZA) requiring that there will be adequate infrastructure to serve the church and provide for extension of infrastructure to adjacent properties. To achieve adequate street access and to comply with the Subdivision Code (further discussed below), the southern portion of Camp Cardinal Road will be rebuilt to its intersection with Elder Drive, a new street to be installed with this development. The construction of Cardinal Road north of its intersection with Elder Drive will also be required in the future to create a block that meets the 300 to 600 foot range specified in the Subdivision Code, and to allow the development of the Outlot A. The CZA is intended to allow permits for the church building to be issued prior to the completion of the infrastructure, but an occupancy permit will not be issued until the streets and utilities are installed. Compliance with Subdivision Code: To provide for street connectivity and multiple travel routes within and between neighborhoods the Subdivision Code requires that block faces along local and collector streets should range between 300 and 600 feet. Longer block faces may be allowed in cases where topography, water features, or existing development prevents shorter block lengths. This subdivision design provides for street connectivity with two streets, the proposed Elder Drive and the existing Camp Cardinal Road, providing connections to adjacent properties to the north. The existing development in the Walnut Ridge subdivision and the presence of wetlands and slopes makes a connection to the east unnecessary and infeasible. Environmentally Sensitive Areas: The property contains wetlands, regulated slopes a stream corridor and woodlands. The preliminary Sensitive Areas Development Plan, reviewed and recommended for approval at the August 6 Commission meeting, satisfies the requirements of the code. Staff has approved the wetland mitigation plan, which provides for offsite wetland mitigation in an Army Corp of Engineers approved wetland bank, rather than wetland mitigation on this property. PCD\Staff Reports\2015\SUB15-00019 3 Storm water management: Two stormwater management basins are proposed on Lot 1. As discussed above the north basin is no longer proposed to also serve as wetland mitigation. This will allow for easier maintenance of the basin. Stormwater management has not yet been adequately addressed for Outlot A and Lot 2. The applicant's engineer is revising the plans with the goal of having them approved by the City Engineer prior to the September 3 Planning and Zoning Commission meeting. If the stormwater management plans are approved prior to the meeting, staff recommends approval of the plat. Neighborhood Open Space: Residential subdivisions require the dedication of neighborhood open space or payment of fees in lieu of land where the Parks and Recreation Commission has determined that the property does not contain areas suitable for a public park. The Parks and Recreation Department has indicated that given the quality of this property (wetlands and steep slopes), fees are appropriate in lieu of neighborhood open space dedication. Staff applied that the formula for open space to Lot 2, which is the only property intended for residential development at this time. When Outlot A is further subdivided the application of the neighborhood open space requirements will be reviewed for that that property. The fee is not being applied to Lot 1 because it is not being used for residential development. If for some reason it is subdivided or developed for residential uses in the future, the neighborhood open space requirement will need to reassessed. Applying the Neighborhood Open Space to Lot 2 results in the requirement of 3,562 square feet open space or fees in lieu of. The fee will be equivalent to the value of 3,562 square feet of property. Payment of this fee will need to be addressed the legal papers for the final plat. Infrastructure Fees: At the time of final plat approval the applicant will be required to pay $435 per acre for water main extension fees and $2,017.44 per acre for sanitary tap -on fees. The payment of payment of these fees should be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends deferral pending approval of stormwater management plans and corrections to the plat that have been requested by the City Engineer. Upon approval by the City Engineer, staff recommends approval of SUB15-00019, a request by St. Andrew Presbyterian Church for preliminary plat approval of St. Andrew Presbyterian Church — Part One, a 33.37 -acre 2 -lot subdivision located north of Camp Cardinal Boulevard and east of Camp Cardinal Road. ATTACHMENTS: 1. Location Map 2. Preliminary Plat Approved by: 7 dX Z 2 John Yapp, Development Services Coordinator Department of Neighborhood and Development Services PCD\Staff Reports\2015\SUB15-00019 v -0 [- v o � W3, w Lri C (D-0 v o� < �N v= 6-3 (DCD w� 00 v, 3 =r -0CD �C �CD �< CL 30 v-0 3 � m a� _ !i 'a •Of A i f ep oR•®masa/r o •s¢ eeei 3 ge ° as if lit ii�5)i l �' fiaaiii ���I� 9a°gs4la°a4�j °° Z s F Y g94 'a 99 "a��f�'. g II''' I-•�••• •e N.ne�{pF iee�l 9444 ? 4 c i iil ° iil�a ai4` 11!x! 1111,11 e r + L = °P CE�Y�CARgNAL RWp O �' t{Jill ob 7 alapppap aa°°p�R i:1°t'a m m 'a y g hip O E N ° PIR 1p 11,11H gal€ � ; P3 as �d €� a a 3 jig Sji" t`Ei SS "t v 9T. MVO PffSBttPRM MURON - PART ONE 0 + �a • a 7 "E ! F OF 9E I 6 !t!! \\ �' �\\ � � ! 19�9e pot t I ; tgp� p�f I I �• ------ - --------------- ----- �--------- - - e Y 1 i ao� j $ a Hill fig Nil �- k�a ! R I 1 fk� e I It$ fix.E� g b aag Al IF „ti@y S a I'm ? °�'g CRa YF p3 9 Fx aR�I'E ni i I a'd i g fill ill 11,1§11 � t1+p3 a �s ----- -- _+. .ouovx ono iu., muiaiw� : u-� svw RI "° 3 ., _ . III _ ���' ��� - - -- --- ,�. �..��,. V� 4 %����� �_,� �, �'r`\ . �. ���rl /1�����' � i � ���� ` �, �.�%' it � .�, ��� ��, �� I �` �� �� �I�,,,� f oma. � � � � �� sl�i»i . � frlii����,,% l�e�ipi �� !� �-� : iI ± � I r I I . <ii�� `� t Ip i i =_� �� Ii jj � rri�s� i \ , \\\ � .�'k �� ���, ������� Win. _... � .,:, �� %.�`/_ �:�aiwe�vaarai6�-0%i®w�t� �cea�ssr � �'I,�� n. r i __�'' ��� ;'� �� �` \\®� ` \���� ,. �I�ii� — ,���s� �� �, ' Rif=®®II®II��i�imwwEsra�< �J!�i�'llis/-���iM�'!v_-a�,,���`�'�T=����� �.:' �: e� �'' � � ^ Planning and Zoning Commission September 3, 2015 — Formal Meeting ST. ANDREW PRESBYTERIAN CHURCH PRELIMINARY PLAT (SUB15-00019): Discussion of an application submitted by St. Andrew Presbyterian Church for a preliminary plat of St. Andrew Presbyterian Church — Part One, a 2 -lot with one outlot, 33.37 acre subdivision for property located north of Camp Cardinal Boulevard and east of Camp Cardinal Road. (SUB15- 00019) Miklo summarized the staff report. He said the subdivision includes two lots, one lot will be developed with the church and one lot that will be available for a single family home, or resubdivision or rezoning for further development. He noted that the outlot will not be developable at this time. He said that Camp Cardinal Road and Elder Road will provide street access to the two lots, but that the outlot may not be developed until the issue regarding the construction of the remainder of Camp Cardinal Road (north of Elder Drive) is resolved. He said depending on what is proposed for future development of the outlot, Camp Cardinal Road will need to improved or it is possible that it could be abandoned or vacated if not necessary to serve development. He said that can't be determined until a proposal is made for the development of the outlot. Miklo noted that the Neighborhood Open Space requirements apply to only Lot 2 at this time, because it is the only lot that is currently planned for residential development. He said that when the outlot is proposed for development the open space requirements will apply. He said if for some reason the church was not built on Lot 1 and it is developed for residential uses, the open space requirements would apply. Miklo said that the City Engineer has identified some corrections needed to the stormwater management plan, and that staff is recommending approval subject to the City Engineer approving the plat and stormwater management plan prior to the City Council vote on the preliminary plat. Eastham asked if it was possible to further develop Lot 2 without an additional street. Miklo said that yes, it would be possible to subdivide it into several single family lots with driveways onto Elder Drive. He said it was unlikely that an additional street would be needed south of Elder Drive. He said that the southern part of Lot 2 contains sensitive areas so that part of the lot would probably not be developed unless there are amendments approved for the sensitive areas plan. Freerks opened public discussion. Lauren Hoffman, Hall and Hall Engineering, said he was available to answer any questions. There were none. Freerks closed public discussion. Theobald moved to approve SUB15-00019, an application submitted by St. Andrew Presbyterian Church for a preliminary plat of St. Andrew Presbyterian Church — Part One, a 2 -lot with an outlot, 33.37 acre subdivision for property located north of Camp Cardinal Boulevard and east of Camp Cardinal Road, subject to City Engineer's approval. Parsons Seconded. A vote was taken and the motion carried 7-0. Design Review - Bonus Height Request Height bonus provisions in Riverfront Crossings create an incentive for developers to incorporate features that provide a public benefit or that further important goals and objectives of the Riverfront Crossings Plan. Up to 2 stories of bonus height may be approved administratively by the Staff Design Review Committee. Bonus height above this level must be approved by the City Council. The"Rise" Riverfront Crossings Bonus Height Request for "The Rise" Request for 7 stories of bonus height for a proposed 15 story mixed use building located at the southwest corner of E. Court and S. Linn Streets in the South Downtown Subdistrict of Riverfront Crossings for providing high quality hotel space. For each floor of high quality hotel space, one additional bonus floor may be requested. The bonus floors may be used for additional hotel space or for other uses. The additional 7 stories will be used as hotel space and residential apartments. Approval Criteria Project must demonstrate excellence in building and site design through use of high quality building materials, architectural detailing, building amenities, landscaping and streetscaping elements. Staff Findings: Building materials — steel and concrete high-rise construction, base clad in two contrasting colors of porcelain tile, upper floors in two colors of heavy gauge metal panels and extensive window coverage on all elevations. Landscape and Streetscape — High quality storefront frontage design along Court Street and at the corner of Court and Linn Street, wide sidewalk, drop-off for hotel, landscaping, street trees, landscaped courtyard between the two towers on the building. Meets RFC Code building design standards to create visually cohesive and interesting fagade. Amenities — hotel will include kitchen and dining facilities, outdoor seating, lounge areas, upper floor meeting/conference space, and a fitness area. Additional retail/ restaurant space will be provided at the street corner. 0 U CL 11 li°unrinlilq.nlnl�o�Iln.�.1..nn rmnun�,._I�uluull■�..n.9. ul_�.un.n...u....Ollu9lnu... .q.Innqun .�o....l°.n��nlpn��n..wn. lfImmuo.n.u.....u.n.0..... lsll. 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'III 1,I In I11I 1.111111.1011111. a I■1 n u n. ■■ n n 111111111111 1M111111'11111111■1 111 nI III III I'll Hill III III "I In Y 1■ /. ■■ III 1■ ■ ■■■ .. .111.1.1 uu u 111r111■■ IRIII .e 0 u CL 0 V CL Staff Recommendation Based on the findings, the Staff Design Review Committee recommends approval of 7 stories of bonus height for "The Rise," a 15 -story, mixed-use building located at 435 S. Linn Street. mmm7rTr- 4j Eff�� Prepared by: Karen Howard, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5251 RESOLUTION NO. 15-288 RESOLUTION APPROVING A HEIGHT BONUS FOR "THE RISE," A PROPOSED BUILDING AT 435 S. LINN STREET IN THE RIVERFRONT CROSSINGS - SOUTH DOWNTOWN (RFC - SD) ZONE (LEVEL II DESIGN REVIEW). WHEREAS, on August 18, 2015, the Applicant, CA/CASL Holdings, LLC., filed an application for Level II Design Review requesting a 7 -story height bonus for high quality hotel space, to allow a 15 -story building at 435 S. Linn Street in the Riverfront Crossings - South Downtown (RFC -SD) Zone; and WHEREAS, the Applicant has submitted building elevations and floor plans for a 15 -story mixed-use building located on an approximately 60,000 square foot lot at the corner of East Court and South Linn Street; and WHEREAS, the form -based zoning code for the Riverfront Crossings District contains building height bonus provisions to create an incentive for developers to incorporate features that provide a public benefit or that further important goals and objectives of the Riverfront Crossings Master Plan; and WHEREAS, to qualify for bonus height for high quality hotel space, the project must demonstrate excellence in building and site design through use of high quality building materials, architectural detailing, building amenities, landscaping and streetscaping elements; and WHEREAS, for each floor of high quality hotel space, one additional bonus floor may be requested; and WHEREAS, the Staff Form -based Code Committee has reviewed the proposed building and site design, and concludes that it meets the approval criteria for the requested seven stories of bonus height and recommends approval; and WHEREAS, the building height is subject to FAA approval and bonus height granted may not exceed the Federal Aviation Administration (FAA) approved building height. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: A 7 -story height bonus for a high quality hotel development at 435 S. Linn Street is hereby approved subject to approval by the FAA, and subject to compliance with the following design criteria: a. The building shall be constructed of concrete and steel clad with a variety of high quality buildings materials, including two contrasting colors of porcelain tile, heavy gauge metal panels in two colors, extensive window coverage on all elevations, and a pedestrian -friendly storefront frontage along Court Street and at the corner of Court and Linn Streets; and b. To break up the fagade, the building shall be stepped back 10 feet above the 5`h story, with a second horizontal break to distinguish the top two floors; and Resolution No. 15-288 Page 2 c. The building shall be crowned with a pronounced cornice; and d. The towers shall be divided into vertical bays through the use of fagade recesses at regular intervals. e. The hotel shall contain a number of amenities, including a fitness area, high quality lobby space, meeting and conference space, kitchen and dining facilities, rear outdoor courtyard space, additional ground level retail space, and a streetscape in front of the hotel that will be designed with an 8 -foot sidewalk, hotel drop off and street trees according to the Riverfront Crossings Master Plan. The Building Official is authorized to issue a building permit for a 15 -story building at this location so long as the site plan conforms herewith, and so long as any other building permit requirement have been satisfied. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution. The City Clerk is hereby authorized and directed to record this Resolution and any and all supporting agreements with the Johnson County Recorder at Applicant's expense. Passed and approved this 15 day of Sept , 2015. MAYOR ATTEST: _ a44 e e� 9i CITY CLERK Approved by City Attorney's Office — It was moved by Mims and seconded by Payne 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 CITY OF IOWA CITY MEMORANDUM Date: September 9, 2015 To: Tom Markus, City Manager From: Karen Ho Associate Planner, on behalf of the Staff Form -based Code Committee Re: Level II Design Review — 435 S. Linn Street — The Rise at Riverfront Crossings Bonus Height Request: CA/CASL Holdings LLC, has requested seven stories of bonus height for a proposed 15 story mixed-use building located on an approximately 60,000 square foot lot at the corner of East Court and South Linn Streets in the Riverfront Crossings District. The subject property is zoned Riverfront Crossings — South Downtown (RFC -SD), which has a maximum building height of eight stories with the possibility of bonus height up to 15 stories. The building height bonus provisions in the form -based code for Riverfront Crossings create an incentive for developers to incorporate features that provide a public benefit or that further important goals and objectives of the Riverfront Crossings Master Plan. Requests for bonus height are reviewed by the Form -based Code Committee through the Design Review process. Up to two stories of bonus height may be approved administratively by staff. Height bonus requests above two stories must be approved by City Council through the Level II Design Review process. In this case, the developer is requesting seven stories of bonus height for meeting the approval criteria for high quality hotel space, as set forth in 14 -2G -7G of the zoning code. The Staff Form - Based Code Committee notes that the building will also contain two floors of office space, which if finished as Class A office space would also qualify for 4 stories of bonus height. However, this space is not detailed in this report as the 10 -story hotel will be sufficient to qualify the building for seven stories of bonus height, which is the maximum that can be achieved in the Riverfront Crossings District. The code states that all proposals must demonstrate excellence in building and site design, use high quality building materials, and be designed in a manner that contributes to the quality and character of the neighborhood. Building elevations, site plan, and floor plans showing the building layout are attached. General Description of the Project: The building will be constructed on a sloping site and includes 3 levels of parking, which are located partially below grade and integrated into the building. There will be two separate towers built on top of these parking levels. Given there is a considerable slope to the site, the north tower has 12 stories exposed above grade on Court Street and the south tower has 15 stories exposed above grade at its lowest point of elevation along Linn Street. The north tower will contain ten stories of hotel space, two floors of office incubator space and 5,000 square feet retail space at the corner of Linn and Court. The south tower, which is designed as a U-shaped building surrounding second story outdoor residential amenity space, will contain student apartments. An outdoor landscaped courtyard will be located on top of the parking levels creating a usable outdoor space for residents and hotel guests between the two towers. There will be several means of access to this landscaped courtyard: through an accessible pedestrian passage through the north tower from Court Street; from an elevator accessed through the main lobby located in the residential tower on Linn Street; and from a series of outdoor stairs and terraces extending from Linn Street up to the courtyard level. Specific Approval Criteria: To qualify for bonus height for high quality hotel space, the building must demonstrate excellence in building and site design through use of high quality building September 10, 2015 Page 2 materials, architectural detailing, building amenities, landscaping and streetscaping elements. For each floor of high quality hotel space, one additional bonus floor may be requested. The bonus floors may be used for additional hotel space or for other uses. In this case the applicant has requested an additional 7 stories to be used as hotel space and residential apartments. Staff Findings: The building will be constructed of steel and concrete. The base of the building will be clad in two contrasting colors of porcelain tile and upper stories clad in heavy gauge metal panels in two colors, a dark bronze and a lighter pewter color. The building will have extensive window coverage on all elevations. The open space between the two towers will have landscaped terraces, trees, usable courtyard space, and wood benches. The building will be designed with a pedestrian -friendly storefront fagade with extensive storefront windows that allow views into the commercial space along Court Street and a landscaped frontage along the residential tower along Linn Street. The applicant will construct the streetscape along both frontages according to the Riven`ront Crossings Master Plan, including street trees and an 8 -foot sidewalk along Court Street and a 6 -foot sidewalk and street trees along Linn Street. To break up the fagade, the building is stepped back 10 feet above the 5th story, with a second horizontal break to distinguish the top two floors. The building is crowned with a pronounced cornice. The towers are divided into vertical bays through the use of fagade recesses at regular intervals. The varied and contrasting colors of the exterior materials and the horizontal and vertical articulation of the building will help to create a visually appealing fagade. With regard to amenities, the hotel will include kitchen and dining facilities, outdoor seating, lounge areas, upper floor meeting/conference space, and a fitness area. Additional retail/restaurant space will be available at the corner of Court and Linn Streets. Based on these findings, staff concludes that the proposed building satisfies the approval criteria for high quality hotel space that warrants seven stories of additional building height. Recommendation: Based on the information provided by the applicant, as described above, the Staff Form -based Code Committee finds that the proposal meets the criteria to qualify for seven stories of bonus height and recommends approval. Aim V--1 AMAL At, , A a 4F F J� ¢` lot / ^/)jo i J, FI A ,i e- �. i t= G � T 2: !HEME§§M �= � \\\ rms.;■■■■m INN 1n IY �II� �� .� .� .�• a .� .� Y I� s• •�.� •ssu I� 00 70 Da 00 PO 'S] 00 00 00 0 ME ME no am ME ME am ME ME t ]fS• •I� Y1_ •� •� Y_ Ya Y_._ :=:_Y_ e— _s:._ae a•_ s��c llppll�ll •�•pd 3!�a�rY��.IvN Ind •u=� auuu._ __ i IY • YYYI Y� •_ • -��� 'O�YYYIY� J.•I.a •a.a ._ MEN No Nov. NOON an so No movies oas ac ee ae accts_— ' .. t11 I\is �� IIIIIIIIII �B i Yiilmlm H 1� Hilton Garden Inn Riverfront Crossings Bonus Height Request for a Hilton Garden Inn. Request for 4 stories of bonus height for a proposed 12 story hotel located at 328 S. Clinton Street in the South Downtown Subdistrict of Riverfront Crossings for providing high quality hotel space. Hotel will be located directly adjacent to the future UI Museum of Art at the corner of Burlington Street and Clinton Street and across the street from the new UI School of Music. For each floor of high quality hotel space, one additional bonus floor may be requested. The bonus floors may be used for additional hotel space or for other uses. The additional 4 stories will be used as hotel space. Approval Criteria • Project must demonstrate excellence in building and site design through use of high quality building materials, architectural detailing, building amenities, landscaping and streetscaping elements. • Staff Findings: • Building materials — steel and concrete high-rise construction, base clad in tavertine-style manufactured stone. The middle floors will consist of smooth -faced Nichiha cement board panels, and upper floors clad in heavy gauge metal panels in two contrasting colors. Various panels and materials will be applied in a contrasting horizontal and vertical pattern to create greater visual interest and articulation. Generous window coverage on all facades. • Landscape and Streetscape — High quality storefront design along Clinton Street with a wide sidewalk, drop-off for hotel, street trees, and with the vehicular drive designed as a courtyard between the hotel and the UI Museum of Art. • Meets RFC Code building design standards to create visually cohesive and interesting facade. • Amenities — hotel will include kitchen and dining facilities, outdoor rooftop and sidewalk cafe seating, lounge areas, upper floor meeting/conference space, and a swimming pool and fitness area. Site Plan Concept iii iil 111 II I®',! I X11 11 III ISI ISI II I,' III SII 11 111 ISI ISI II H 'i 11 n IN jil ��o�, �,. , nil � � .. 0 u CL iillil ISII III j'. l l ISI ISI ISI III II II j ISI BE III II ii li ISI ISI III li iii iCi ill, II 0 U CL li III 111 III I11I III III Ili 111 111 I�1 III 111 III il' 11' ISI 111 III III III ISI III III III i11 III III 0 U CL 1®■ L::z 0 u CL Staff Recommendation Based on the findings, the Staff Design Review Committee recommends approval of 4 stories of bonus height for the Hilton Garden Inn, a 12 -story hotel located at 328 S. Clinton Street. 0715-15 4k Prepared by: Karen Howard, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5251 RESOLUTION NO. 15-289 RESOLUTION APPROVING A HEIGHT BONUS FOR THE HILTON GARDEN INN LOCATED IN THE RIVERFRONT CROSSINGS - SOUTH DOWNTOWN (RFC -SD) ZONE AT 328 S. CLINTON STREET (LEVEL II DESIGN REVIEW). WHEREAS, on August 6, 2015, the Applicant, Kinseth Hospitality Company, filed an application for Level II Design Review requesting a 4 -story height bonus for high quality hotel space, to allow a 12 -story building at 328 S. Clinton Street in the Riverfront Crossings - South Downtown (RFC - SD) Zone; and WHEREAS, the Applicant has submitted building elevations and floor plans for a 12 -story hotel to be located at 328 S. Clinton Street; and WHEREAS, the form -based zoning code for the Riverfront Crossings District contains building height bonus provisions to create an incentive for developers to incorporate features that provide a public benefit or that further important goals and objectives of the Riverfront Crossings Master Plan; and WHEREAS, to qualify for bonus height for high quality hotel space, the project must demonstrate excellence in building and site design through use of high quality building materials, architectural detailing, building amenities, landscaping and streetscaping elements; and WHEREAS, for each floor of high quality hotel space, one additional bonus floor may be requested; and WHEREAS, the Staff Form -based Code Committee has reviewed the proposed building and site design and concludes that it meets the approval criteria for the requested four stories of bonus height and recommends approval; and WHEREAS, the building height is subject to FAA approval and bonus height granted may not exceed the Federal Aviation Administration (FAA) approved building height. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: A 4- story height bonus for providing high quality hotel space at 328 S. Clinton Street is hereby approved subject to approval by the FAA, and subject to compliance with the following design criteria: a. The building shall be constructed of concrete and steel clad with a variety of high quality buildings materials, including manufactured travertine -style stone, smooth - faced Nichiha, or similar, cement board panels, two different sizes and colors of heavy gauge metal panels, generous window coverage, and a pedestrian -friendly frontage along Clinton Street; b. The building materials shall be applied in a manner that creates vertical and horizontal articulation, variation in color and pattern to create visually interesting and appealing building facades on all four elevations; and Resolution No. 15-289 Page 2 c. The hotel shall contain a number of amenities, including a lower level swimming pool and fitness area, rooftop outdoor service area, high quality lobby space, meeting and conference space, kitchen and dining facilities, and the streetscape in front of the hotel will be designed with an 8 -foot sidewalk, hotel drop off and street trees according to the Riverfront Crossings Master Plan. 2. The Building Official is authorized to issue a building permit for a 12 -story building at this location so long as the site plan conforms herewith, and so long as any other building permit requirement have been satisfied. 3. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution. 4. The City Clerk is hereby authorized and directed to record this Resolution and any and all supporting agreements with the Johnson County Recorder at Applicant's expense. Passed and approved this 15 day of sept , 2015. 4R n MAYOR , / Apyovedy�by ATTEST: %i v /4w X47C�1�3>I�/ Ate . CITY CLERK City Attorney's Office It was moved by rims 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 r ® CITY OF IOWA CITY -T4 MEMORANDUM Date: September 9, 2015 To: Tom Markus, City.Manager From: Karen HowaVssociate Planner, on behalf of the Staff Form -based Code Committee Re: Level II Design Review — 328 S. Clinton — Hilton Garden Inn Bonus Height Request: The Kinseth Hospitality Company has requested four stories of bonus height for a proposed 12- story hotel located at 328 S. Clinton Street in the Riverfront Crossings District. The subject property is zoned Riverfront Crossings — South Downtown (RFC -SD), which has a maximum building height of eight stories with the possibility of bonus height up to 15 stories. The building height bonus provisions in the form -based code for Riverfront Crossings create an incentive for developers to incorporate features that provide a public benefit or that further important goals and objectives of the Riverfront Crossings Master Plan. Requests for bonus height are reviewed by the Form -based Code Committee through the Design Review process. Up to two stories of bonus height may be approved administratively by staff. Height bonus requests above two stories must be approved by City Council through the Level II Design Review process. In this case, the developer is requesting four stories of bonus height for meeting the approval criteria for high quality hotel space, as set forth in 14 -2G -7G of the zoning code. The code states that all proposals must demonstrate excellence in building and site design, use high quality building materials, and be designed in a manner that contributes to the quality and character of the neighborhood. Building elevations, site plan, and floor plans showing the building layout are attached. General Description of the Project: The hotel will be constructed on an approximately 12,000 square foot lot directly adjacent to the future site of the University of Iowa Museum of Art. A courtyard will separate the hotel from the art museum and provide additional vehicular drop off space for the hotel and access to the rear loading area for the art museum. A skywalk will connect the hotel to the City's Court Street Transportation Center parking facility. Specific Approval Criteria: To qualify for bonus height for high quality hotel space, the building must demonstrate excellence in building and site design through use of high quality building materials, architectural detailing, building amenities, landscaping and streetscaping elements. For each floor of high quality hotel space, one additional bonus floor may be requested. The bonus floors may be used for additional hotel space or for other uses. In this case the applicant has requested an additional 4 stories to be used as hotel space. Staff Findings: The building will be constructed of steel and concrete. The base of the building will be clad in a dark gray manufactured travertine -style stone. The middle floors of the building will consist of smooth -faced medium gray Nichiha panels, a high-quality cement board product, which will be applied in a horizontal pattern. The upper floors will be clad in heavy gauge metal panels in two different colors. The red metal panels will project slightly to create more vertical articulation along the building fagades and will be applied in a horizontal pattern. The lighter colored metal panels will be larger in scale and applied in a vertical pattern to create more contrast and visual interest. The building will have generous window coverage on all elevations. The building will be designed with September 10, 2015 Page 2 a pedestrian -friendly storefront fagade with two levels of storefront windows that allow views into the tall hotel lobby that fronts on Clinton Street. The applicant will construct the streetscape according to the Riverfront Crossings Master Plan, including street trees and an 8 -foot sidewalk along Clinton Street with a drop-off lane for the hotel. To break up the fagade, the building is stepped back 10 feet above the 50 story, with a second horizontal break to distinguish the rooftop service area. The building is crowned with a pronounced cornice and glass parapet wall surrounding the outdoor rooftop seating area. The varied and contrasting colors of the exterior materials and the horizontal and vertical articulation of the building will help to create a visually appealing fagade. With regard to amenities, the hotel will include kitchen and dining facilities, outdoor rooftop and sidewalk cafe seating, lounge areas, upper floor meeting/conference space, and swimming pool and fitness area in the basement. Based on these findings, staff concludes that the proposed building satisfies the approval criteria for high quality hotel space that warrants four stories of additional building height. Recommendation: Based on the information provided by the applicant, as described above, the Staff Form -based Code Committee finds that the proposal meets the criteria to qualify for four stories of bonus height and recommends approval. ■■ter ■n■■ ate. e ■tee _..,yet 0 rs €s i al ..■..... ars ■■ter ■n■■ ate. e ■tee _..,yet 0 rs €s i vo 0 OQ1 ®®® 1111 -- Allis .... M- .... MEMO ■EE■ ■■ NEON 1914 Room �■ IINEEME � 1'111111 Ll ®®® 1111 -- Allis .... M- .... 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". , �!I. ..FK � ax. ��_ I WI 1� VwYrr U�.C}r ®/ _\ ��� 17�; �I d8 OD :•. .8 A'�:� 1.1 ai0 � 1 p 11 MVI+ all �I 151 1 V .. i ■ 1® �• 1-l/ R�.YI�II 11 YI .. 7wILx� i ■ � 9 0� I F. ayr a RiR I jj a � — - - ---- m �_Q o u # 9 i I II _______ -__ -------------- __--_ I F II a I I II e I ' ii i i 8ii i r� 58t% f i i 4# Nall - 10, 4D m m ,4 ----- ip �. ® ,® 4 — a&f ay -4. 3g ,;5x 3 '6341 e a B> n o> u a F] LI'll ol I 1 h h I II I 1 II I I �II I 1 II I I II I 1 II I II I 1 II I ! I I X60 0 ® i --------' --- - ---- ; i ii i m - ----- i�/� I u i ii .I i ii -- -- ----- --- -----I _ I- - -- - ------------ ------ --- ----_ I --------------- II _____I ______ h - I 09-15-15 5 Prepared by: Michael Moran, Parks & Recreation Department, 220 S. Gilbert St., Iowa City, IA 52240 (319) 356-5104 RESOLUTION NO. 15-290 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE WILLOW CREEK/KIWANIS PARK RENOVATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME ANDD PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the CIP account #4322. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:30 am on the 30th day of September, 2015. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 6th day of October, 2015, or if said meeting is cancelled, at the next meeting the City Council thereafter as posted by the City Clark, or at a special meeting called for that purpose. Passed and approved this 15th day of September 120 15 Approved b ATTEST: -5 -r• `.- CITY CLERK City Attorney's Office pweng\masters\res appp&s.doc 9/15 Resolution No. 15-290 ]Page 2 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: MAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 15-291 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM KUM & GO NO. 53 WHEREAS, on December 17, 2014, an employee of Kum & Go No. 53, 955 Mormon Trek, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of the violation, Kum & Go No. 53 was a retailer as defined by Iowa Code § 453A.42; and WHEREAS, pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11), a retailer is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(l), after a hearing and proper notice; and WHEREAS, Kum & Go No. 53 has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within a two-year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Kum & Go No. 53. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: September 15, 2015 Mayor, City of Iowa City ATTEST: City k, City of Iowa City Resolution No. 15-291 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 31 .339.6100 RESOLUTION NO. RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST K & GO NO. 53 WHEREAS, on December 17, 2014, an employee of Kum & Go No. 5, 955 Mormon Trek Blvd, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing to acco to a minor; and WHEREAS, at the time of this violation Kum & Go No. 53 was retailer as defined by Iowa Code § 453A.42; and WHEREAS, pursuan to Iowa Code § 453A.22(2) and § 4 A.47A(11), a retailer shall be subjected to a civil pe lty of $300.00 as a result of its e ployee violating Iowa Code § 453A.2(1), after a heari g and proper notice; and WHEREAS, a hearing wa held on this date by the/City Council to determine whether to assess the civil penalty against Ku & Go No. 53 and a said hearing the City Council heard the facts of the violation and the argume is of the retailer, if/any; and WHEREAS, this violation is th first such v' lation of an employee of Kum & Go No. 53 within a two year period to be consider d by the qty Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RES LV BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice d Baring, and pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11) hereby imposes a civ penalty in the amount of $300.00 against Kum & Go No. 53. BE IT FURTHER RE/'sOffice, , hat sai retailer has thirty days from the date of this Resolution to pay the civil penaltd if the ivil penalty is not timely paid any applicable permit held by the retailer shatically be uspended for a period of fourteen (14) days, in addition to the $300.0enalty. BE IT FURTHER RED, that the City lerk will forward a copy of this Resolution to the Johnson County Attofice, which will hen provide a copy of the same to the retail cigarette permit holdeular mail sent to t e permit holder's place of business as it appears on the application forigarette permit. `L PASSED AND Mayor, City �f Iowa City ATTEST: City Clerk, City of Iowa City Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 15-292 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HARTIG DRUG WHEREAS, on December 17, 2014, an employee of Hartig Drug, 701 Mormon Trek, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of the violation, Hartig Drug was a retailer as defined by Iowa Code § 453A.42; and WHEREAS, pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11), a retailer is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, Hartig Drug has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within a two-year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Hartig Drug. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: September 15, 2015 29t�& n Mayor, City o Iowa Ci y ATTEST: City erk, City of Iowa City Resolution No. 15-292 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: r . ".rte Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST HARTIG DRUG WHEREAS, on December 17, 2014, an employee of Hartig City, viol4ed Iowa Code § 453A.2(1) by selling or providir WHEREAS, the time of this violation Hartig Drug was 453A.42; and WHEREAS, pursuan o Iowa Code § 453A.22(2) and § subjected to a civil pena of $300.00 as a result of its e 453A.2(1), after a hearing d proper notice; and 701 Mormon Trek Blvd, Iowa -co to a minor; and as defined by Iowa Code § 7A(11), a retailer shall be violating Iowa Code § WHEREAS, a hearing was helav, n this date by the ty Council to determine whether to assess the civil penalty against Hartig D and at said he ng the City Council heard the facts of the violation and the arguments of the r\isiler, ny; nd WHEREAS, this violation is the firl ion of an employee of Hartig Drug within a two year period to be considered by theit under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED Y E CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and he ng, an urs to Iowa Code § 453A.22(2) and § 453A.47A(11) hereby imposes a civil p alty in the ount of $300.00 against Hartig Drug. BE IT FURTHER RESOLVED, that aid retailer has thi days from the date of this Resolution to pay the civil penalty in full, and i the civil penalty is not in y paid any applicable permit held by the retailer shall automatic lly be suspended for a pe\defe (14) days, in addition to the $300.00 civil pen ty. BE IT FURTHER RESOLVE , that the City Clerk will forhis Resolution to the Johnson County Attorney's fice, which will then provide me to the retail cigarette permit holder via gular mail sent to the permit housiness as it appears on the application for a re it cigarette permit. PASSED AND Mayor, City of Io/va City ATTEST: City Clerk, City of Iowa City Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 15=293 RESOLUTION ACCEPTING PAYMENT OF $1500.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HARTIG DRUG WHEREAS, on April 22, 2015, an employee of Hartig Drug, 701 Mormon Trek, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two-year period; and WHEREAS, at the time of the violation, Hartig Drug was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice, and the civil penalty for a second violation within a two year period is, at the retailer's option, $1500 or a thirty day permit suspension; and WHEREAS, Hartig Drug has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $1500.00 civil penalty to the City Clerk of the City of Iowa City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $1500.00 civil penalty on behalf of Hartig Drug. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: September 15, 2015 Aegl L&A Mayor, City of Iowa ity ATTEST:2&ie-��-e. City C er , City of Iowa City Resolution leo. 15-293 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 11 IN :!N] Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUTION ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST HARTIG DRUG WHEREAS, on April 22, 2015, an employee of Hartig Drug, 70x Mormon Trek Blvd, violated Iowa Code § 453A.2(1) by seging or providing tobacco to a ming{, and WHEREAS, at the time of this 'olation, Hartig Drug wasop�fating under a retail cigarette permit issued by the City of Iowa ity; and r WHEREAS, pursuant to Iowa Code 453A.22(2), an es blishment which holds a retail cigarette permit is subject to a civil penalty of 00.00 as a resul of its employee violating Iowa Code § 453A.2(1), after a hearing and proper no 'ce; and is s ject to a $1500.00 civil penalty or thirty day retail cigarette permit suspension, att retailer' option, for the second such violation within a two-year period; and WHEREAS, a hearing was held on this date bye City Council to determine whether to assess the civil penalty against Hartig Drug and at said aring the City Council heard the facts of the violation and the arguments of the permitte/ifi,,np, and WHEREAS, this violation is the second sulation f an employee of Hartig Drug within a two-year period to be considered by the Citncil uriqer Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLV BY THE CITY 9F IOWA CITY CITY COUNCIL that the City Council, after notice and acing and pursuant t6 Iowa Code § 453A.22(2), hereby imposes either a $1500.00 civil penal or thirty day retail cigarette permit suspension, against Hartig Drug, at its option. ,tf BE IT FURTHER RESOLVED, at said retail cigarette permittee I as thirty days from the date of this Resolution to choose its vil penalty by either paying the $1 kO.00 civil penalty in full to the City Clerk or by deliverin to the City Clerk its retail cigarette permit for service of a thirty day suspension. BE IT FURTHER RESO ED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorne 's Office, which will then provide a copy of the same to the retail cigarette permit holder is regular mail sent to the permit holder's place of business as it appears on the application for retail cigarette permit. PASSED AND Mayor, City of4owa City ATTEST: City Clerk, City of Iowa City Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUTION ACC�ERTING PAYMENT OF $1500.00 CIVIL PENALTY AND WAIVER OF RI HT TO HEARING FROM HARTIG DRUG WHEREAS, on January 1 2014, an employee of Hartig Drug, 701 Mormon Trek, Iowa City, violated Iowa Code § 3A.2(1) by selling or providing tpbacco, tobacco products or cigarettes to a minor and th' was the second such violation y one of its employees in a two-year period; and WHEREAS, at the time of the vio tion, Hartig Drug wa operating under a retail cigarette permit issued by the City o Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearin and proper notice, and the civil penalty for a second violation within a two year peri d is, at the retailer's option, $1500 or a thirty day permit suspension; and WHEREAS, Hartig Drug has waived its ri t to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility f r its employee's violation of Iowa Code § 453A.2(1), by paying a $1500.00 civil nalty to the City Clerk of the City of Iowa City; and NOW, THEREFORE, BE IT RES VED BY T CITY OF IOWA CITY CITY COUNCIL that the City Council ould accept the aiver of right to hearing and payment of $1500.00 civil penal on behalf of Harte Drug. BE IT FURTHER RESOLV , that the City Clerk wi forward a copy of this Resolution to the Johnson C unty Attorney's Office, w 'ch will then provide a copy of the same to the retail cigar a permit holder via regular it sent to the permit holder's place of business as it ap ars on the application for a reta>< cigarette permit. PASSED AND Mayor, City of I�wa City ATTEST: City Clerk, City of 'Iowa City N Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 15-294 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM WALGREEN WHEREAS, on December 16, 2014, an employee of Walgreen, 2214 Muscatine Ave., Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of the violation, Walgreen was a retailer as defined by Iowa Code § 453A.42; and WHEREAS, pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11), a retailer is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, Walgreen has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within a two-year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Walgreen. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: September 15, 2015 AeVLa !S< A Mayor, City of Iowa I y ATTEST: Ctty C , City of I wa City Resolution No. 15-294 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUTION ASSESSING $300.00 CIVIL PElbacco TY AGAINST WALGREEN WHEREAS, on cember 16, 2014, an employee of Wan, 2214 Muscatine Ave, Iowa City, violated Iowa Cod § 453A.2(1) by selling or providing t to a minor; and WHEREAS, at the ti i%e of this violation Walgreen 453A.42; and \ WHEREAS, pursuant to Io a Code § 453A.22(2) subjected to a civil penalty o$300.00 as a result c 453A.2(1), after a hearing and roper notice; and WHEREAS, a hearing was held o this date by the civil penalty against Walgreen aN at said violation and the arguments of the reta' er, if WHEREAS, this violation is the first such iolat year period to be considered by t/vilpEenalty o cil NOW, THEREFORE, BE IT REBY that the City Council, after noticering, aj 453A.47A(11) hereby imposes a in retailer as defined by Iowa Code § § 453A.47A(I 1), a retailer shall be employee violating Iowa Code § he City Council to determine whether to assess tring the City Council heard the facts of the ; and .on of an employee of Walgreen within a two under Iowa Code § 453A.22(2). CITY OF IOWA CITY CITY COUNCIL irsuant to Iowa Code § 453A.22(2) and § pnount of $300.00 against Walgreen. BE IT FURTHER RESOLVE]/, that said retailer has th' y days from the date of this Resolution to pay the civil penalty in ful and if the civil penalty is n t timely paid any applicable permit held by the retailer shall aut0matically be suspended for a riod of fourteen (14) days, in addition to the $300.00 ci 1 penalty. BE IT FURTHER RES LVED, that the City Clerk will forwar a copy of this Resolution to the Johnson County Atto ey's Office, which will then provide a cop of the same to the retail cigarette permit hold via regular mail sent to the permit holder's p�ce of business as it appears on the application f hold/ retail cigarette permit. PASSED AND Mayor, Coy of Iowa City ATTEST: City Clerk, City of Iowa City /a Prepared by: Marian K. Karr, City Clerk, 410 East Washington St., Iowa City, IA 52244, 319.356.5041 RESOLUTION NO. 15-295 RESOLUTION ASSESSING $1500.00 CIVIL PENALTY AND THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST THE DEN WHEREAS, on December 15, 2014, an employee of The Den, 123 E. Washington Street, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation, The Den was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit may be subjected to a civil penalty of $300.00 the first time its employee violates Iowa Code § 453A.2(1), either a $1500.00 civil penalty or a suspension of its permit for a period of thirty (30) days the second time its employees violate § 453A.2(1) within a two-year period, and both a $1500.00 civil penalty and a thirty (30) day permit suspension the third time its employees violate § 453A.2(1) within a three-year period, all after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against The Den and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the third such violation of an employee of The Den within a three- year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2), hereby imposes a $1500.00 civil penalty and thirty day retail cigarette permit suspension against The Den. BE IT FURTHER RESOLVED, that said retail cigarette permitee must pay the $1500.00 civil penalty in full to the City Clerk no later than January 14, 2016 and must deliver to the City Clerk its retail cigarette permit for a thirty day suspension effective September 28 thru October 27, 2015. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: September 15, 2015 Mayor, City of Iowa City ATTEST:A&4:e�,2e. No% ity C er c, City of Iowa City Resolution No. 15-295 Page 2 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton M09-15-15 10 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 3} 19.339.6100 RESOLUTION NO. / RESOLUTION ASSESSING $1500.00 CIVIL PENALTY AND THIRTVDAY RETAIL�CIGARETTE PERMIT SUSPENSION AGAINST THE DEN,"f WHEREAS, on Decignber 15, 2014, an employee of The Den, 123 E. Wasllington Street, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and t° WHEREAS, at the time 4,1his violation, The Den was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa dpde § 453A.22(2), an establishment which holds a retail cigarette permit may be subjected to a civil -penalty of $300.00 the first time its employee violates Iowa Code § 453A.2(1), either a $1500.00 civil penalty or a suspension of its permit for a period of thirty (30) days the second time its ei4ployees violate § 453A.2(1) within a two-year period, and both a $1500.00 civil penalty and a thinly (30) day permitsuspension the third time its employees violate § 453A.2(1) within a three-year period, all after, a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against The Den and at said bearing the City Council heard the facts of the violation and the arguments of the permitee, if �ny; and WHEREAS, this violation is the third such vfolatfbn of an employee of The Den within a three- year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice andiearing and pursukit to Iowa Code § 453A.22(2), hereby imposes a $1500.00 civil penalty and thirty day retailcigarette permit suspension against The Den. BE IT FURTHER RESOLVED; that said retail cigarette permitee has thirty days from the date of this Resolution to pay the $15,60.00 civil penalty in full to they dt Clerk and thirty days from the date of this Resolution to de)iver to the City Clerk its retail cigar to permit for service of a thirty day suspension. BE IT FURTHER RESOLVED, that the City Clerk will forward a c y of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of e same to the retail cigarette permit holder via regular mail sent to the permit holder's plac of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: f.: Mayor, City of Iowa City ATTEST: City Clerk, City of Iowa City Prepared by Marian K. Karr, City Clerk, 410 East Washington St., Iowa City, IA 52244, 319.356.5041 RESOLUTION NO. 15-296 RESOLUTION ASSESSING $1500.00 CIVIL PENALTY AND THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST THE DEN WHEREAS, on April 22, 2015, an employee of The Den, 123 E. Washington Street, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation, The Den was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit may be subjected to a civil penalty of $300.00 the first time its employee violates Iowa Code § 453A.2(1), either a $1500.00 civil penalty or a suspension of its permit for a period of thirty (30) days the second time its employees violate § 453A.2(1) within a two-year period, and both a $1500.00 civil penalty and a thirty (30) day permit suspension the third time its employees violate § 453A.2(1) within a three-year period, all after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against The Den and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the third such violation of an employee of The Den within a three- year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2), hereby imposes a $1500.00 civil penalty and thirty day retail cigarette permit suspension against The Den. BE IT FURTHER RESOLVED, that said retail cigarette permitee must pay the $1500.00 (total of $3000) civil penalty in full to the City Clerk no later than January 14, 2016 and must deliver to the City Clerk its retail cigarette permit for a thirty day suspension effective December 15, 2015 thru January 14, 2016. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: September 15, 2015 �-7- d.c�) Mayor, City of Iowa City ATTEST: Qili?% City Cler c, City of Iowa City Resolution No. ]Page 2 15-296 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: x x V3 Mims the ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 31'9.339.6100 RESOLUTION NO. �1 RESOLUTION ASSESSING $1500.00 CIVILfPENALTY AND THIrRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST THE I)EN WHEREAS, on April 22, 2015, an employee of The Den, 123 E. Washington Street, violated Iowa Code § 453A.2(1) by sellin�.of providing tobacco to a minor; an.0' WHEREAS, at the time of this violation, The Den was operating u]Aer a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code §,453A.22(2), an est permit may be subjected to a civil pen�-jty of $300.00 the Code § 453A.2(1), either a $1500.00 civil penalty or a su thirty (30) days the second time its employes violate § 4 both a $1500.00 civil penalty and a thirty (39) day permit violate § 453A.2(1) within a three-year period., all after,>a ablisbinent which holds a retail cigarette first ° time its employee violates Iowa spension of its permit for a period of OA.2(1) within a two-year period, and suspension the third time its employees hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against The Den and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the third such violation 61 an employee of The Den within a three- year period to be considered by the City Couicil under 1Owa Code § 453A.22(2). J.5 NOW, THEREFORE, BE IT RESOLVED>BY THE CITY\PF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing and pursuant`to Iowa Code § 453A.22(2), hereby imposes a $1500.00 civil penalty and thAty day retail cigareti permit suspension against The Den. BE IT FURTHER RESOLVED, that said retail cigarette permit6e has thirty days from the date of this Resolution to pay the $1500.00 civil penalty in full to the CitClerk and thirty days from the date of this Resolution to deliver fo the City Clerk its retail cigaret permit for service of a thirty day suspension. BE IT FURTHER RESOLVED, that the City Clerk will forward a co of this Resolution to the Johnson County Attorney's .Office, which will then provide a copy of t e same to the retail cigarette permit holder via,regular mail sent to the permit holder's place f business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: Mayor, City of Io*a City f ATTEST: City Clerk, City of Iowa City