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Home My WebLink About2019-08-06 ResolutionItem Number: 6.a. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution Naming Depositories Prepared By: Brian Cover, Senior Accountant Reviewed By: Dennis Bockenstedt, Finance Director Fiscal Impact: No Impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The City of Iowa City maintains a list of financial institutions authorized to be depositories of the city's funds. The list that is on file needs to be updated to reflect changes that have occurred. Background /Analysis: University of Iowa Community Credit Union has changed its name to Green State Credit Union. The resolution naming depositories being presented would update the list of financial institutions that the City of Iowa City maintains. ATTACHMENTS: Description Resolution .o Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)35 053 Resolution No. 19-189 Resolution Naming Depositories Now therefore, be it resolved by the city council of the City of Iowa City, Iowa that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial Institutions to be depositories of the City of Iowa City funds In conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial Institution as set out below. Depository Name Location of Home Office Local Location Maximum Balance in effect under eriorresolution Maximum Balance in effect under this resolution U.S. BankN.A. 800 Nicollet Mall 204 E Washington St 65,000,000.00 65,000,000.00 Minneapolis, MN 55402 Iowa City, IA 52240 221 Third Ave SE MidWestOne Bank 102 S Clinton St Same 100,000,000.00 100,000,000.00 Iowa City, IA 52244-1700 Hills Bank & Trust Co. 131 Main St 201 S Clinton Sl 25,000,000.00 25,000,000.00 Hills, IA 52235 Iowa City, IA 52240 West Bancorporation, Inc. 1601 22nd St., Suite 209 1910 Lower Muscatine Rd 35,000,000.00 35,000,000.00 West Des Moines, IA 50266 Iowa City, IA 52240 Bank of the West P.O. Box 73850 80022nd Ave 75,000,000.00 75,000,000.00 Cedar Rapids, IA 52407-3850 Coralville, IA 52241 Wells Fargo Bank, N.A. 666 Walnut st 103 E College St 50,000,000.00 50,000,000.00 Des Moines, IA 50309 Iowa City, IA 52240 Green State 2355 Landon Road 500 Iowa Ave 50,000,000.00 50,000,000.00 Credit Union North Liberty, IA 52317 Iowa City, IA 52244-2240 CBI Bank & Trust 140 Holiday Rd Same 15,000,000.00 15,000,000.00 Coralville, IA 52241 Farmers & Merchants 200 N Devoe Savings Bank Lone Tree, IA 52755 Two Rivers Bank & Trust 222 N Main St Burlington, IA 52601 Cedar Rapids Bank & Trust 201 1 st Sl SE Cedar Rapids, IA 52401 Bankers Trust 221 Third Ave SE Cedar Rapids, IA 52406 NXTBank Hiawatha Bank & Trust Great Westen Bank 119 2nd St, Ste 100 Coralville, IA 52241 777 N Center Point Rd Hiawatha, IA 52233 225 South Main Ave Sioux Falls, SD 57104 2235 Mormon Trek Blvd Iowa City, IA 52246 3292 Ridgeway Dr, Ste A Coralville, IA 52241 Same Same Same Same 655 Community Dr North Liberty, IA 52317 15, 000, 000.00 15, 000, 000.00 15,000, 000.00 15,000, 000.00 50,000,000.00 50,000,000.00 20,000,000.00 10,000,000.00 2,000,000.00 20,000,000.00 10,000,000.00 2,000,000.00 100, 000, 000.00 100, 000, 000.00 Resolution No. 19-189 Page 2 Regions Bank 8182 Maryland Ave, 11th Floor 510 A Ave 100,000,000.00 100,000,000.00 Clayton, MO 63105 Vinton, IA 52349 Passed and approved this 6th day of August /,2019 G yor: �p moved by Attest C✓L- 2 �'I l cityc City Attorney's Office Resolution No. 19-189 Page 3 It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.b. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution authorizing the procurement of water meters for the City's Water Division for Fiscal Year 2020. Prepared By: Kevin Slutts, Water Superintendent Reviewed By: Ron Knoche, Public Works Director Ashley Monroe, Assistant City Manager Fiscal Impact: $200,000 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The City purchases new water meters, which are required for utility billing, on an ongoing basis. The new meters are used to replace old meters and for new water accounts. The approved water meter budget for fiscal year 2020 is $200,000. Background /Analysis: The City purchases new water meters on an ongoing basis for new water accounts and to upgrade old meters. The meters must be compatible with the City's meter reading equipment. Neptune Technology is the City's supplier for meter reading equipment. Neptune water meters are compatible with Neptune meter reading equipment. Other meters have been tried and are not compatible. Therefore, to maintain compatibility, Neptune meters are required. Ferguson Waterworks is the only authorized distributor for the sale of Neptune water meters in this area. This resolution allows the City Manager to approve the initial purchase and renewals for a period of five years. ATTACHMENTS: Description Resolution Prepared by: Kevin Slutts, Water Superintendent, 80 Stephen Atkins Dr., Iowa City, IA 52240 (319) 356-5167 Resolution No. 19-190 Resolution authorizing the procurement of water meters for the City's Water Division for Fiscal Year 2020 Whereas, water meters are necessary to facilitate utility billing for the City of Iowa City; and Whereas, water meters are purchased regularly throughout the fiscal year for new water accounts and to upgrade old, less accurate meters; and Whereas, to ensure compatibility between water meters and existing electronic equipment and software used by the Water Division, staff recommends the purchase of Neptune water meters; and Whereas, Ferguson Waterworks is the only authorized distributor of Neptune water meters in this area; and Whereas, staff recommends award of a purchase contract with Ferguson Waterworks; and Whereas, the budgeted fiscal year 2020 amount for the purchase of water meters is $200,000; and Whereas, this amount exceeds the City Manager's spending authority of $150,000, thus requiring City Council approval; and Whereas, funds for this purchase are available in account #73730140; and Whereas, approval of this procurement is in the public interest. Now, therefore, be it resolved, by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described above is approved. 2. The City Manager is authorized to take the steps necessary to make the purchase and to effectuate future projects and renewals for a period of 5 years so long as the Council approved budget authorizes the expenditure. Passed and approved this 6th day of August , 2019 M or roved q Attest: City Clerk City Attorney's Office STE rcesomuon rvo. 19-190 Page 2 It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.c. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution Authorizing the Purchase of In -Car and Body Worn Camera Software and Hardware Solution for the Iowa City Police Department Prepared By: Denise Brotherton, Captain of Support Services Reviewed By: Jody Matherly, Police Chief Geoff Fruin, City Manager Fiscal Impact: The total project cost is $365,020. This includes cost from WatchGuard Video, as well as vehicle installation cost for Racom corp. and server hardware and storage cost from City of Iowa City ITS division. Funding will be provided from C I P Y441, Capital Outlay Funds from 10410310-476130, as well as GTSB grant money and ITS replacement chargebacks. All funding combined will cover the cost of the project. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This resolution will authorize the Iowa City Police Department to enter into a purchase agreement with WatchGuard Video Inc. to replace all systems for in -car and body worn camera recording systems. Our current system is beyond its support life and our current vendor is not a viable replacement. Background /Analysis: The Iowa City Police Department has always embraced the technology of recording interactions, from the early days of VHS recorders in the vehicles to current day high definition in -car video, body worn mics and body worn cameras. Our current vendor has been purchased and merged with a different company and there have been issues with keeping pace with advances being made in this technology. We feel it is in the best interest of the Iowa City Police Department to look for a different vendor to supply our system. There are multiple parts to any video system including, in -car components, body worn camera components, and server hardware and storage components. Our current in -car components are 8 years old and they are out of support life, which means parts are no longer made to repair or service them. Our body worn camera system is 4 years old and as in the case of most body worn systems, has suffered damage from normal wear and tear causing an increased repair rate and should be replaced with new cameras. The hardware and storage portion of the software is 6 years old and will be out of warranty at the end of this year and will need replaced with new hardware and expanded storage capabilities. During our research and meeting with most of the trusted partners in this technology it became clear that WatchGuard Video Inc. was the vendor of choice to best fit the needs of the Iowa City Police Department. WatchGuard provides high quality video and hardware and they combine their body mic into the body worn camera to provide a more consistent recording process, allowing officers one less piece of hardware to be carried. The new system would also allow the department to disseminate files electronically as opposed to having to go through disk creation process for each requested event. This resolution will authorize the Iowa City Police Department to enter into an agreement with WatchGuard Video for purchase of a total solution as well as funding to cover installation in our patrol fleet and purchase of hardware and storage solutions through the City of Iowa City ITS division totaling $365,020. ATTACHMENTS: Description Resolution Prepared by: Denise Brotherton, Captain, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5440 � ' G Resolution No. 19-191 Resolution Authorizing the Purchase of In -Car and Body Worn Camera Software and Hardware Solution for the Iowa City Police Department Whereas, there is a need for a full replacement for all aspects related to the recording and storage of Police related videos for the Iowa City Police Department; and Whereas, our current vendor and solution no longer fit the needs and long-range goals of the Iowa City Police Department; and Whereas, the current solution in place is beyond its life expectancy and parts of the system are no longer able to be supported, and Whereas, City's purchasing policy requires City Council approval for purchases over $150,000; and Whereas, the total project cost for all items related to the solution from WatchGuard Video Inc. totaling $365,020 Whereas, funds for this purchase are available in the operating budget for the Police Department CIPY4441 and 10410340-47613; and GTSB grant money and Whereas, approval of this procurement is in the public interest and provides continued continuity of service. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that 1. The proposed procurement as described is approved. Passed and approved this 6th day of August 20 19 �� L , MAYOR proved g ATTEST: _ -7,3/ �� I CT 6 It was move by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Cole X Mims X Salih X Taylor X Teague X Thomas X Throgmorton Item Number: 6.d. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT August 6, 2019 Resolution authorizing the procurement of two (2) wheel loaders for Landfill Operations. Prepared By: Dan Striegel, Equipment Superintendent Reviewed By: Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $216,065.00; funds for this purchase are available in Equipment Replacement fund account #81710520 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: At the August 6, 2019 City Council meeting, consideration will be given to a resolution authorizing the purchase, for replacement and upgrade, of two (2) articulating wheel loaders for Landfill Operations. State of Minnesota Cooperative Purchasing Venture contract #134465 will be utilized for the procurement of the two (2) wheel loaders from Titan Machinery in Center Point, IA at a contract price of $182,995.00 each. Current loaders #814 and #816 will be traded in toward the purchase at a fair and reasonable trade value of $75,600.00 each. Parts and service/repair manuals will be included with the purchase at $1,275.00. Net price per machine is $107,395.00, total purchase price is $216,065.00 and funds are available in the Equipment Replacement fund account. Background /Analysis: The Landfill Division utilizes two (2) wheel loaders for daily operations at the Landfill. These new loaders will be replacing the two 2012 model year loaders currently in the fleet that have reached their life expectancy and are scheduled for replacement. ATTACHMENTS: Description Resolution Prepared by: Dan Slriegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52246 (319) 356-5197 Resolution No. 19-192 Resolution authorizing the procurement of two (2) wheel loaders for Landfill Operations. Whereas, two (2) wheel loaders are budgeted for replacement in Fiscal Year 2020; and Whereas, State of Minnesota Cooperative Purchasing Venture contract #134465 will be utilized for the purchase of the wheel loaders; and Whereas, the total purchase price of the wheel loaders with contract discount and trade-in value is $216,065.00; and Whereas, the amount exceeds the City Manager's spending authority of $150,000.00, thus requiring City Council approval; and Whereas, funds for this purchase are available in account # 81710520; and Whereas, approval of this procurement is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described above is approved. 2. The City Manager is authorized to take the steps necessary to make the purchase. Passed and approved this 6th day of August 12019 Attest: City Clerk Approved by 2C -7-3/ '1 City Attorney's Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton t,,d Item Number: 6.e. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT August 6, 2019 Resolution authorizing the procurement of tree and stump removal under the Tree and Stump Removal Services Contract. Prepared By: Zac Hall - Parks and Forestry Superintendent Reviewed By: Juli Seydell Johnson -Parks and Recreation Director Fiscal Impact: Funds for this purchase are available in Account #10530300-445020, in the operating budget for Foresty. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: In November 2018 the City awarded a contract to Total Tree Care of Iowa City, LC for the cost of removing trees and stumps. The initial set of trees totaled $17,610.00. There have been several additional trees added during the contract period. This has been largely due to increased infestation by the Emerald Ash Borer and storm damage. Background /Analysis: Total Tree Care of Iowa City, LC. has completed several tree and stump removals and has done a satisfactory job and the City would like to add additional trees to the contract that would bring the contract over $150,000.00. City staff is not able to remove many of these trees due to their size and complexity of removal. ATTACHMENTS: Description Resolution Prepared by: Zac Hall, Parks and Forestry Superintendent, 2275 S Gilbert St., Iowa City, IA 52240 (319) 356-5093 Resolution No. 19-193 Resolution authorizing the procurement of tree and stump removal under the Tree and Stump Removal Services Contract Whereas, the City has previously put out a Request for Proposal (RFP) relating to tree and stump removal; and Whereas, one (1) proposal was received by Total Tree Care of Iowa City, LC and was determined to be a responsive and responsible bidder: and Whereas, at the time of the award to Total Tree Care of Iowa City, LC the cost for this project was estimated at $95,000; and Whereas, Total Tree Care of Iowa City, LC has completed several tree and stump removals and has done a satisfactory job and the City would like to move forward with additional tree and stump removals raising the cost of the project over $150,000; and Whereas, the City's Purchasing policy requires City Council approval for contracts over $150,000; and Whereas, funds for this purchase are available in Account #10530300-445020, in the operating budget for Forestry; and Whereas, approval of this procurement is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to take whatever steps are necessary to effectuate renewals. Passed and approved this 6th day of August 20 19 mM,OR pro ed� ATTEST: 4 i / � 7 CITY CLERK City Attorney's Office It was move by Cole and seconded by 'Teague the Resolution be Resolution No. 19-193 Page 2 adopted, and upon roll call there were: AYES: NAYS: x x x x x X x ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.f. ®4 CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution authorizing the City Manager to sign a chapter 28E agreement between the City of Iowa City and the Iowa City Community School District for the use of North Market Square Park. Prepared By: Juli Seydell Johnson, Parks & Rec Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: None Attachments: resolution agreement Executive Summary: This agreement allows for use and maintenance by the Iowa City School District of the playground in North Market Square Park. The park is adjacent to Mann Elementary School. Renovations at the school impacted the school's playground space. Using the park playground will provide outdoor activities for the school children. Background /Analysis: Chapter 28E of the Iowa Code authorizes local governments to enter into agreements for the joint delivery of services. ATTACHMENTS: Description resolution agreement Paul D. Pate a Secretaryof State State of Iowa Y FILED 28E Agreement M512266 11/22/2019 2:43:40 PM LL PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: "Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 510 Parks and Recreation (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) The City of Iowa City allows Mann Elementary to access a neighboring park during the school day. Item 4. The duration of this agreement is: (check one) ❑Agreement Expires mindefinite Duration [mmlddlyyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ® NO ❑ YES Filing # of the agreement: (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: htto:tt5o5.iowa.gov/28e Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Proud FIRST Name Nicholas Title Interim Dir. of HR & Business Sery Department Interim Dir. of HR & Business Sery Email proud.nick(o.iowacitvschools.orcI Phone 3196881000 Ful[ Legal Name Organization Type *County Party 1 Iowa City Community School District School District Johnson Party 2 City of Iowa City City Johnson Party 3 Party 4 Party 5 "Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 510 Parks and Recreation (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) The City of Iowa City allows Mann Elementary to access a neighboring park during the school day. Item 4. The duration of this agreement is: (check one) ❑Agreement Expires mindefinite Duration [mmlddlyyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ® NO ❑ YES Filing # of the agreement: (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: htto:tt5o5.iowa.gov/28e Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Proud FIRST Name Nicholas Title Interim Dir. of HR & Business Sery Department Interim Dir. of HR & Business Sery Email proud.nick(o.iowacitvschools.orcI Phone 3196881000 (" F Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 19-194 Resolution authorizing the City Manager to sign a chapter 28E agreement between the City of Iowa City and the Iowa City Community School District for the use of North Market Square Park. Whereas, Horace Mann Elementary School is located adjacent to North Market Square Park; Whereas, the Iowa City Community School District (District) desires to enter into an agreement for use of North Market Square Park; and Whereas, City and District staff have negotiated the attached 28E agreement for the use of North Market [Square] Park, which needs to be approved by the City Council and the School Board; and Whereas, it is in the interest of the City of Iowa City to enter into said agreement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is hereby authorized to sign the 28E Agreement between the City of Iowa City and the Iowa City Community School District for the Use of North Market [Square] Park. a copy of which is attached. The City Manager is further authorized to sign amendments to the agreement. Passed and approved this 6th day of August 19. 41.- Md6or Attest: 1 City Clerk Approved by 0-(-ts City Attorney's Office Resolution No. 19-194 Page 2 It was moved by Cole and seconded by 'Teague the Resolution be adopted, and upon roll call there were: AYES: NFM' , 1,3-3 WIN Cole Mims Salih Taylor Teague Thomas x Throgmorton THE CITY OF IOWA CITY THE IOWA CITY COMMUNITY SCHOOL DISTRICT USE OF NORTH MARKET PARK This Agreement is entered into in Iowa City, Iowa between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Iowa City Community School District ("ICCSD" or "District"). WHEREAS, the City owns North Market Park, locally known as 600 Fairchild Street, Iowa City; WHEREAS, Horace Mann Elementary School is located adjacent to North Market Park, at 521 North Dodge St, Iowa City; WHEREAS, the City and the District desire to enter into an agreement for use of North Market Park. NOW, THEREFORE, THE CITY AND THE DISTRICT AGREE AS FOLLOWS: 1. Effective Date and Administration This Agreement shall become effective upon execution. No separate legal entity shall be established. However, the City Manager and the District Superintendent shall be responsible for administering this agreement. 2. Use of Premises The District shall have the right to occupy and use North Market Park ("Premises" or "Park"), including all playground equipment, during normal school hours. The use of the Park is not exclusive. The parties shall work together in order to provide additional swings that are compliant with the Americans with Disabilities Act ("ADA") in the Park, in order to meet District ADA goals. The District will provide the ADA swings and will retain ownership of the same. 3. Fees and Maintenance Obligations In consideration for use of the Premises: a. The District shall pay the City an annual use fee of $1.00("use fee"). Payment is due in advance every year by July 15 beginning with the fiscal year starting July 1, 2019 through June 30, 2024. b. The City shall provide the engineered wood fiber in the Park, and shall procure it from a company approved by the District. The District shall maintain the engineered wood fiber located under the swings in the Park. Maintenance includes but is not limited to the ability to add and renovate the engineered wood fiber as the District deems necessary. City hereby agrees the District may maintain the engineered wood fiber under the swings without any further approval by City. c. The District shall maintain the ADA swings it owns. d. The City shall maintain all other playground equipment, and all other areas and structures in the Park. 4. Termination This Agreement shall terminate on June 30, 2024, unless renewed as provided herein. 5. Renewal The District shall have the option to renew this Agreement upon the same terms and conditions for successive five-year terms beginning July 1, 2024 provided that the District is not in default of any of its obligations under this Agreement at the time the renewal is to be effective. Renewal will be automatically effective for each option period unless the District gives written notice to the City of non -renewal by the immediately preceding April 1. 6. Declaration of Default and Notice 2 In the event that the City or the District determines that the other has defaulted in the performance of its obligations under this Agreement, either party may declare that default has occurred and give notice thereof to the defaulting party. Notice of default shall be given in writing, shall specify the nature of the default and the provision of this Agreement involved, and shall specify what action is required of the defaulting party to correct the default. The defaulting party shall have thirty (30) days from the date of its receipt of the notice of default to correct the default. If at the end of said thirty -day period the default has not, in the opinion of the aggrieved party, been corrected, that party may thereupon pursue all lawful remedies, including but not limited to, termination of this Agreement, an action for specific performance thereof, and action for damages for breach thereof. 7. Notice Except as provided herein, all notices which the parties are authorized or required to give one another pursuant to this Agreement shall be in writing and may be personally delivered or sent by ordinary mail to the addresses hereafter provided. Any notice required or permitted by this Agreement will be deemed to be delivered, and thus effective, when personally received, or received by United States Mail, postage prepaid, certified mail return receipt requested, or receipt is refused. Such notices shall be delivered or mailed to the following persons at the addresses listed: a. Notices to the City: City Clerk, 410 E. Washington St., Iowa City, IA 52240 b. Notices to District: Superintendent, 1725 N. Dodge St., Iowa City, IA 52245 8. Amendment All amendments shall be in writing. 9. Severability If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, K legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 10. Assignment Neither the District nor the City shall assign this Agreement without the consent of the other party. 11. Indemnification/Hold Harmless Each party agrees to release, indemnify and hold the other parties, their officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the party by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non-performance by the other parties or their servants, employees or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. The City shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the City's control. The District shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the District's control. This does not waive any of the defenses of governmental immunity available to the City or the District under Section 670.4 of the Code of Iowa, as it now exists and as it may be amended from time to time. 12. Insurance (a)Property. The City shall insure the Premises. The insurance shall cover loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time reasonably available. 4 (b)Liability. Both the City and the District shall carry liability insurance for protection of the City and the District from any liability arising out of any accidents or other occurrence causing any injury and/or damage to any person or property on the Premises due directly or indirectly to the use or occupancy thereof by the insured, or any person claiming through or under the insured. Liability policies shall have limits of not less than $1 Million per occurrence and $2 Million annual aggregate. (c)Other Provisions. All required insurance shall be obtained from issuers of recognized responsibility licensed to do business in the State of Iowa. All policies shall name, the City and the District as the insureds, as their respective interests may appear. Each party shall be furnished with a copy of each policy required under this Agreement. All policies shall contain an agreement by the insurer that such policies shall not be modified, cancelled, or nonrenewed except upon at least thirty (30) days' prior written notice to both the City and the District. (d) Waiver of Subrogation each releases the other from a or damages to any of its prop+ insured under valid and colli extent of any recovery colle waiver applies only when perm insurance. Rights. The City and the District y claim for recovery for any loss rty or for any liability which is �:tible insurance policies to the tible under such insurance. This tted by the applicable policy of (e) The purchase of insurance by the City or the District does not waive any of the defenses of governmental immunity available to the City or the District under Iowa Code Section 670.4 as it now exists and as it may be amended from time to time: 13. Waiver The waiver by either the City or the District of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance I with the terms of this Agreement. 14. Entire Agreement This Agreement sets forth all of the covenants, promises, agreements, and conditions among the parties, and there are no other covenants, promises, agreements or conditions, either oral or written, among them. This Agreement may not be modified or amended in any manner except as provided herein. Dated this day of 5� 2019. CITY OF IOWA CITY By:/�/ Geoff Fru, City Manager I 1A By Item Number: 6.g. I �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT August 6, 2019 Resolution authorizing the City Manager to submit a Resource Enhancement and Protection (REAP) grant application for the Ned Ashton House and to sign a grant agreement if awarded. Prepared By: Juli Seydell Johnson, Director of Parks & Recreation Reviewed By: Sue Dulek, Assistant City Attorney Simon Andrew, Assistant to the City Manager Fiscal Impact: The parking lot and landscaping work anticipated with this grant is estimated at $250,472 which is the amount of the request. There is no City match required. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The Resource Enhancement and Protection (REAP) grant program through the Iowa Department of Natural Resources provides State assistance for the purpose of acquisition and/or development/enhancement of land for outdoor recreation. The grant does not require a match from the City. Grants are awarded through a competitive application process. Applications are due August 15, 2019. Background /Analysis: This grant application is being made on behalf of Project Green. A similar grant was received in 2014 to complete flood tolerant landscaping and patio improvements at the Ned Ashton House. Project Green volunteers maintain the majority of the landscaping at this location. The project includes an additional 20 space parking lot located off of Normandy Drive, northwest of the Ashton House. This had previously been proposed as a C I P project, but has not been funded. ATTACHMENTS: Description resolution Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 19-195 Resolution authorizing the City Manager to submit a Resource Enhancement and Protection (REAP) grant application for the Ned Ashton House and to sign a grant agreement if awarded. Whereas, the Iowa Dept. of Natural Resources administers Resource Enhancement and Protection (REAP) grants for acquisition and/or development/enhancement of land for outdoor recreation; Whereas, the grant process requires the City Council approval of a grant submission; Whereas, City staff would like to apply for a $200,000 grant for parking lot and landscaping improvements at Ned Ashton House; Whereas, the proposed project will be undertaken with the assistance of Project Green; and Whereas, there is no local match. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The City Manager is authorized to apply for the REAP grant for Terry Trueblood Recreation Area. 2. If the REAP grant is awarded, the City Manager is authorized to sign the grant agreement and amendments as needed. Passed and approved this 6th d y of August, 2019. M yor Attest: City Clerk City Attorney's Office Resolution No. 19-195 Page 2 It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.h. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT August 6, 2019 Resolution authorizing the City Manager to submit a Resource Enhancement and Protection (REAP) grant application for Terry Trueblood Recreation Area and to sign a grant agreement if awarded. Prepared By: Juli Seydell Johnson, Director of Parks & Recreation Reviewed By: Sue Dulek, Assistant City Attorney Simon Andrew, Assistant to the City Manager Fiscal Impact: The restoration work anticipated with this grant is estimated at $300,000 which is the amount of the request. There is no City match required. Recommendations: Staff: Approval Commission: This work follows the recommendations of the Iowa City 2018 Natural Areas Plan and 2018 University of Iowa Theme Semester findings. Attachments: Resolution Executive Summary: The Resource Enhancement and Protection (REAP) grant program through the Iowa Department of Natural Resources provides State assistance for the purpose of acquisition and/or development/enhancement of land for outdoor recreation. The grant does not require a match from the City. Grants are awarded through a competitive application process. Applications are due August 15, 2019. Background /Analysis: The City received this grant in 2017 and 2018 for similar work at Hickory Hill Park. The environmental enhancement activities for Terry Trueblood Recreation Area applied for with this grant include clearing of invasive species, removal of select diseased trees, and pruning of the tree canopy in select areas, and restoration of prairie areas. These areas were identified and restoration activities proscribed as part of the Natural Areas Plan. The restoration efforts support work completed by staff and volunteers since the creation of this park. ATTACHMENTS: Description resolution Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 19-196 Resolution authorizing the City Manager to submit a Resource Enhancement and Protection (REAP) grant application for Terry Trueblood Recreation Area and to sign a grant agreement if awarded. Whereas, the Iowa Dept. of Natural Resources administers Resource Enhancement and Protection (REAP) grants for acquisition and/or development/enhancement of land for outdoor recreation; Whereas, the grant process requires the City Council approval of a grant submission; Whereas, City staff would like to apply for a $200,000 grant for the following activities as part of the Ecological Restoration of Wooded Lowlands Project at Terry Trueblood Recreation Area: clearing of invasive species, removal of select diseased trees, pruning of the tree canopy in select areas, and restoration of prairie areas; and Whereas, there is no local match. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The City Manager is authorized to apply for the REAP grant for Terry Trueblood Recreation Area. 2. If the REAP grant is awarded, the City Manager is authorized to sign the grant agreement and amendments as needed. Passed and approved this 6th y of August, 2019. M yor Attest: �fUAJ City Clerk City Attorney's Office �,V Resolution No. 19-196 Page 2 It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: MOS IJMISIMMEN.V334M Cole Mires Salih Taylor Teague Thomas Tbrogmorton Item Number: 6.i. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT August 6, 2019 Resolution approving a concession agreement with Fin & Feather H2O LLC for the provision of recreational rental equipment and food services at Terry Trueblood Recreation Area and extending the term of the current concession agreement. Prepared By: Susan Dulek, Ass't. City Attorney Brad Barker, Recreation Superintendent Reviewed By: Juli Seydell Johnson, Parks & Recreation Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: resolution agreement and amendment Executive Summary: In 2012 the City and Fin & Feather H2O LLC ("Fin & Feather") signed a 3 -year agreement for the provision of rental equipment and food services at Terry Trueblood Recreation Area. Two year renewals were granted in 2015 and 2017. This resolution approves a new agreement through October 31, 2022 on the same terms with two options to extend for two years. Background /Analysis: Fin & Feather H2O LLC ("Fin & Feather") has operated a food concession, boat rental and ice skating rental at Terry Trueblood Park since 2012. This has been a successful operation which provides park users with additional recreation opportunities at the park. Rentals during the summer include kayaks, canoes, stand up paddle boards and peddle boats. The concession opens on weekends during winter months when the lake is frozen to offer ice skate rental. Fin & Feather pays the City 4% of gross revenue from all operations at TTRA. This amount was $3,254 in FY16, $4,116 in FY17 and $4,613 in FY18. The current agreement ends on August 31, 2019. Staff and Fin & Feather wish to have the term of the new agreement coincide with end of the fall recreation season and so it begins November 1 1, 2019. As a result, the resolution also approves a short term extension of the current agreement from September 1 to October 31. /_AiCTa:IM1:4 il,kI&V Description resolution agreement and amendment Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 19-197 Resolution approving a concession agreement with Fin & Feather H2O LLC for the provision of recreational rental equipment and food services at Terry Trueblood Recreation Area and extending the term of the current concession agreement. Whereas, in 2015 the City and Fin & Feather H2O LLC ("Fin & Feather") signed a 3 -year agreement for the provision of rental equipment and food services at Terry Trueblood Recreational Area that will expire on August 31, 2019 ("2015 Agreement); Whereas, Fin & Feather and City staff have negotiated a new 3 -year concession agreement which provides for two, 2 -year renewal periods, which is attached to this resolution; and Whereas, because the new agreement begins November 1, 2019, the 2015 Agreement should be extended to October 31. 2019. 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 Concession Agreement and is further authorized to sign amendments thereto. The Mayor is authorized to sign the attached amendment to the 2015 Agreement. Passed and approved this 6th day of August 2018 G � MPXOR A provvveedb.,y ATTEST: C= CI CLERK City Attorney's Office Resolution No. 19-197 Page 3 It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: AYES: NAYS: G\3y4M Cole Mims Salih Taylor Teague Thomas Throgmorton Prepared by: Susan Dbtek, Assistant City Attorney, 410 E. Washington St., RESOLUTION NO. Resolution app vlr Feather H2O LL f( equipment and foo Area and extending agreement. g a concession a tr the provision of services at Terry ' he term of the IA 52240 (319) 356-5030 ment with Fin & -eational rental eblood Recreation it concession Whereas, in 2015 the City and Xin & Father H2O LLC ("Fin & Feather") signed a 3 -year agreement for the provision of rent a uipment and food services at Terry Trueblood Recreational Area that will expire on Aug 31, 2019 ("2015 Agreement); Whereas, Fin & Feather and staff have negotiated a new 3 -year concession agreement which provides for two, 2-y r newal periods, which is attached to this resolution; and Whereas, because the newreeme t begins November 1, 2019, the 2015 Agreement should be extended to October 31, 019. Now, therefore, be it The Mayor is a Manager is auth( sign the attached Passed and approved ATTEST: by the led to sign the to sign amendmel dment to the 2015 day of of the City of Iowa City, Iowa, that: ched Concession Agreement and the City thereto. The Mayor is further authorized to MAYOR 2019. City Attorney's Office TERRY TRUEBLOOD RECREATION AREA MARINA BUILDING CONCESSION AGREEMENT WITH FIN & FEATHER H2O LLC CONCESSION AGREEMENT THIS CONCESSION AGREEMENT is hereby made and entered into this 6th_ day of An ust '2019, by and between the CITY OF IOWA CITY, IOWA, (hereinafter called "CITY,") whose address for the purpose of this Agreement is 220 S. Gilbert St., Iowa City, Iowa 52240, and Fin & Feather H2O LLC, (hereinafter called "CONCESSIONAIRE;) whose address for the purpose of this Agreement is 125 Hwy I West, Iowa City, IA 52246. WHEREAS, the CITY, for the convenience of the public patronizing the Terry Trueblood Recreation Area (hereinafter also called "TTRA"), desires to contract for the operation of concessions for the sale of food, goods and beverages and boat, kayak, canoe, bike, fishing, windsurfmg/windsailing and winter recreation rentals. WHEREAS, CONCESSIONAIRE is desirous of obtaining such concessions; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements hereinafter set forth, it is agreed by and between the parties as follows: I. LENGTH OF AGREEMENT This Agreement shall be in effect for an initial period of three (3) years from November 1, 2019, to October 31, 2022, with an option to renew same for up to two (2) subsequent two (2) year renewal periods (i.e., from November 1, 2022 to October 31, 2024 and from November 1, 2024 to November 1, 2026). The Parties hereto acknowledge and agree that it is their intent to formalize the terms of the two (2) additional two (2) year renewal periods by separate agreement pursuant to separate action by the Iowa City City Council in accord with Iowa Code Section 364.7. H. CITY OBLIGATIONS A. Exclusive Right The CITY hereby grants the CONCESSIONAIRE the exclusive privilege to provide for the sale of food, goods, beverages and boat, kayak, canoe, bike, fishing, windsurfmg/windsailing and winter recreation rentals at TTRA. B. Use of Facilities and Facilities to Be Installed The CITY shall provide CONCESSIONAIRE the exclusive use of the TTRA marina building (with the exception of the restrooms within the marina building, which shall be public) for the sale of food, goods and beverages and boat, kayak, canoe, bike, fishing, windsurfing/windsaiUng and winter recreation rentals. CONCESSIONAIRE shall also have the right to occupy the concrete areas immediately adjacent to the marina building for the storage of equipment and materials necessary to carry out the proposes outlined above. The CITY shall also have exclusive locking privileges of the two (2) docks on the west side of the boat ramp, meaning that the CONCESSIONAIRE may use said docks for long-term equipment storage. However, members of the public may utilize said docks for lake access and short-term, temporary docking of equipment. CITY shall also maintain the crushed aggregate or limestone path between the marina building and the boat ramp. Use of the approach/inlet and path facilities shall not be exclusive to CONCESSIONAIRE as TTRA is a public recreation area open to the public. When weather conditions warrant, CITY will also provide services for winter recreation, including, but not limited to, snow grooming services on the trails to facilitate cross-country skiing and ice preparation on the lake near the marina for ice skating. .1. Utilities The CITY shall famish and pay for all public utilities incurred in the use and operation of the facilities at the TTRA marina building referred to in this Agreement, including, electricity, water and sewer. 2. Trash The CITY shall provide for the hauling of trash from the City provided trash bins at the TTRA marina building. The CONCESSIONAIRE shall pick up litter and empty all trash cans in the TTRA marina building concession area(s) periodically and during the day (as needed). At the end of each business day, CONCESSIONAIRE shall empty all trash from containers and place the trash 2 bags in the mash bins provided by the CITY. CONCESSIONAIRE shall have no responsibility for the removal of trash from any other areas of TTRA. The CITY shall provide the CONCESSIONAIRE with trash bags. 3. Building Access The CITY shall provide the CONCESSIONAIRE access to and use of the marina building, 4. Building Repairs and Maintenance The CITY shall keep the marina building used by the CONCESSIONAIRE in the performance of this Agreement in good and presentable condition, all maintenance and repairs thereto being the sole obligation of the CITY. Notwithstanding the above, CONCESSIONAIRE shall have the responsibility to keep all concession fixtures in good and presentable condition and to repair and maintain all such concession fixtures. If the marina building is destroyed or significantly damaged, the CITY shall have no obligation to reconstruct same for the purposes of this agreement notwithstanding the possible interpretation of any further clause to the contrary. The CITY shall have the obligation to ensure that all facilities are in compliance with the Americans with Disabilities Act ("ADA") and update any facilities as necessary to ensure accessibility under same, 5. Force Maieure: Each party is not liable for failure to perform the party's obligations if such failure is a result of an Act of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. In such event, either party is entitled to terminate this Agreement based on the impossibility or inability to perform same. EI. CONCESSIONAIRE A. Consideration Revenue from Sales In consideration for the rights and privileges herein granted, CONCESSIONAIRE shall pay to the CITY a percentage of the gross revenue from said concessions according to the following schedule: 4% of all gross revenue for the first year (November 1, 2019- October 31, 2022) The percentage of gross revenue to be paid to CITY by CONCESSIONAIRE for each subsequent year as outlined in Section I shall be renegotiated by the patties under a separate agreement. If the parties are unable to agree on percentage of gross revenue to be paid to CITY by CONCESSIONAIRE for subsequent years, the percentage of gross revenues to be paid shall remain at 4%. The tern gross revenue includes all cash and credit revenue of CONCESSIONAIRE and all other things of value received or receivable by CONCESSIONAIRE arising from the operation of this concession and the sale of goods and products to the public, less the amount of sales tax which CONCESSIONAIRE is required by law to add to its sales prices and collects for remittance to the State of Iowa, but with no reduction for any bad debts owed CONCESSIONAIRE resulting from charges, sales, or transactions. The term gross revenue shall specifically exclude the sale of equipment and manufacturer's or supplier's rebates and incentives. 2. Payment Payment of the percentage due shall be made to the office of the Parks and Recreation Director accompanied by a statement of gross receipts, on the fifth (56) of each month for the previous month during the period of each year for which these concessions are granted. If the fifth day of the month falls on a Saturday, Sunday or holiday, payment shall be made by the following business day. B. Financial Records The CONCESSIONAIRE shall keep and maintain hue and accurate books and records of the concession. The CITY shall have access to all books, banking records, credit card reader receipts, cash register tapes and the cash register of the named CONCESSIONAIRE, kept and/or used in conjunction with the operation of this concession for the sole purpose of auditing and inspection. Books and records shall be made available to the CITY at reasonable hours and upon reasonable notice for inspection and audit by the CITY. The CONCESSIONAIRE shall provide cash registers and credit card readers which will be adequate for auditing purposes. C. Products The CONCESSIONAIRE shall operate and maintain a concession operation at TTRA to provide for the sale of food, goods and beverages and boat, kayak, canoe, bike, fishing, windsurfing/windsailing and winter recreation rentals commonly available in such places and consistent with the laws of the State of Iowa and regulations of the City of Iowa City. The parties acknowledge and agree that the availability and types of recreation rentals to be provided by the CONCESSIONAIRE may fluctuate based on seasonal conditions and may be informally agreed to by the CONCESSIONARE and Director of Parks and Recreation Department. Limitations The CITY reserves the right to prohibit or restrict the use, sale or rental of products and/or packaging that it deems to be hazardous to humans or animals. Further, the CITY reserves the right to prohibit or restrict the use, sale or rental of items it deems to be thematically inappropriate, in poor taste for a family audience or of poor quality. Soft drinks and other beverages shall be served in cans, plastic bottles or paper cups; no glass bottles shall be permitted to leave the counter. 2. Price List The CONCESSIONAIRE shall file, with the Parks and Recreation Commission (through the Parks and Recreation Director), a price list for all items sold and services for which there is a charge in the exercise of this Agreement. This price list shall be updated and provided to the CITY annually and/or upon request. 3. Special Foods or Services The CITY may request that the CONCESSIONAIRE provide special foods or services (including a large quantity of items) for tournaments, contests or other events in TTRA. CONCESSIONAIRE may, with written approval of the Director of Parks and Recreation, assign the responsibility to a subcontractor provided that CITY receives the same percentage of gross receipts as agreed upon within this Agreement. If, after receiving such request, the CONCESSIONARIE does not wish to fulfill such functions, it shall immediately notify. the CITY. Notwithstanding the above, the CITY reserves the right to provide the special services required or to enter into an agreement with another party to provide the required special services. D. Accessibility 1. Hours of Operation The CONCESSIONAIRE is authorized to operate the concessions during all hours the TTRA is scheduled to be open. Tlie CONCESSIONAIRE will provide to the Parks and Recreation administrative staff CONCESSIONARE'S staff contact information including contact names, phone numbers and emergency contact information. The CONCESSIONAIRE shall keep/post current hours through its primary website and web presence (e.g., facebook). 2. Availability to Public It is expressly understood and agreed that TTRA is a public recreational facility open to the public and that the CONCESSIONAIRE shall have no right to restrict or prohibit the use of TTRA or charge a fee for its use or use of any facility therein, except as set forth in this Agreement with respect to the exclusive rights of CONCESSIONAIRE. For instance, CONCESSIONAIRE shall have the exclusive use of marina building, with the exception of the restrooms, which shall remain public. CONCESSIONAIRE shall monitor the function and cleanliness of the public restrooms and advise the CITY of any problems or issues regarding same. CITY shall supply CONCESSIONAIRE with toilet paper for said restrooms and CONCESSIONAIRE shall restock toilet paper within the restrooms as needed. 3. Control of Facilities The CONCESSIONAIRE expressly understands and agrees that the CITY, acting by and through the Iowa City Parks and Recreation Commission, shall retain control and supervision of the TTRA and the marina building. The CONCESSIONAIRE shall observe and obey all Parks and Recreation Commission rules and regulations now in effect or those which might hereafter be promulgated. Furthermore, except in the event of an emergency, upon fourteen (14) calendar days advance notice, the CITY shall have the right to enter City buildings and/or premises used by the CONCESSIONAIRE for the purpose of making alterations, improvements, repairs, or to make periodic inspections of the concession as to cleanliness and operation. The CONCESSIONAIRE shall provide a key to the marina building to Parks and Recreation administrative personnel. E. Licenses and Permits The CONCESSIONAIRE shall abide by all applicable federal, state, and local laws, ordinances, rules, and regulations and obtain all licenses and permits in a timely fashion. F. Staffmg I. Supervision The CONCESSIONAIRE shall employ at least one adult who shall be responsible for the supervision of all staff of the CONCESSIONAIRE. This supervisor, or a designee charged with the same responsibility, shall be available to resolve any problems during all homy the concession is open to the public. 2. Uniforms The CONCESSIONAIRE shall ensure that its employees present themselves in a neat, clean, and courteous manner at all times. All staff must be clearly identifiable as concession employees when on duty, said identification to include either a standardized style of dress and/or identification badge as approved by the Director of Parks and Recreation or designee. G. Buildings and Grounds I. Cleanliness The CONCESSIONAIRE shall conduct the concessions in a sanitary and creditable manner, keeping the premises and areas contiguous to the marina building in a tidy and presentable condition at all times, and dispose of trash in a proper and timely manner. 2. Maintenance The CONCESSIONAIRE shall maintain, at its own expense, including replacement and repairs, all equipment, fixtures, furniture, temporary or mobile structures or equipment, displays or signs required for the operation of the concession that are not permanently integrated structural components of the marina building on or before the date of the Agreement. CONCESSIONAIRE shall ensure that all legally required certifications, inspections, licenses and permits are valid and current. 3. Alterations of Imnrovements The CONCESSIONAIRE shall make no structural alterations, additions, or improvements to the marina building without the written approval of the CITY. The CONCESSIONAIRE shall submit such plans and specifications to CITY for CITY's approval. Any such alternations, additions, or improvements shall become the property of the CITY upon the termination of this Agreement. 4. Advertising No signs or other advertising shall be permitted other than on the sides of the marina building or within said buildings, without the prior approval of the Parks and Recreation Director. Neither free-standing signs nor signs on top of the marina building shall be permitted. H. Accident Reports The CONCESSIONAIRE shall report all known injuries to patrons of the concession related to the operation of the concession on the form supplied by the CITY. The original of this completed form shall be filed with the CITY within one week of the date of the injury. IV. GENERAL PROVISIONS A. Damage to Leased Premises If the premises, or any portion thereof or improvements thereto, are partially damaged by fire or other casualty and can be repaired or rebuilt within sixty (60) calendar days from the happening of said damage, CITY shall cause the premises so damaged to be repaired as soon as reasonably possible and CONCESSIONAIRE shall not have the right to terminate this Agreement, but shall, as soon as reasonably possible after such damage has been repaired, continue its operation subject to the provisions herein contained. If the premises or any portion thereof are damaged or destroyed by fire or other casualty so that CONCESSIONAIRE cannot conduct its business, and if the premises cannot be repaired or rebuilt within sixty (60) calendar days from the happening of said damage or destruction, then CONCESSIONAIRE and/or CITY, at each of its election shall have the right to cancel this Agreement by giving written notice to the other party at any time within sixty (60) calendar days after said damage or destruction. If CONCESSIONAIRE elects to cancel this Agreement, it shall immediately surrender said premises, paying such amounts-as may be due up to the time of the damage or destruction. CONCESSIONAIRE shall thereafter be relieved from any obligation under the terms of this Agreement, If, however, such damage or destruction as mentioned above is caused in any way whatsoever by reason of any act or omission of CONCESSIONAIRE or its employees, then the Agreement shall continue in full force and effect and CONCESSIONARE shall repair, at its own cost and expense, the building or structure so damaged. Upon the failure of CONCESSIONAIRE to timely make such repairs, CITY may, as agent of CONCESSIONAIRE, repair damage at the cost and expense of CONCESSIONAIRE and CONCESSIONAIRE agrees to reimburse CITY in the amount of such costs and expenses, In no event shall CITY be liable to CONCESSIONAIRE for any damages resulting to CONCESSIONAIRE from the happening ofany such fire or other casualty or from business disruption due to the repair or reconstruction of the premises or from the termination of this Agreement as herein provided, except as may be caused by the negligence of the CITY, its officials and/or employees. B. Encumbrances and Liens Neither CONCESSIONAIRE nor anyone claiming by, through, or under CONCESSIONAIRE shall have the right to file or place any mechanic's lien or any other lien of any kind or character whatsoever upon said premises or improvements thereon, and notice is given that no contractor, subcontractor, or anyone else who may furnish any material, service, or labor for any improvements, alterations, repairs, or any part thereof shall at any time be or become entitled to any lien thereon, and for the further security of CITY, CONCESSIONAIRE covenants and agrees to give actual notice thereof in advance to any and all contractors and subcontractors who may agree to furnish any such material or labor. C. Future Use of Facilities It is understood and agreed that if the CITY undertakes future improvements at the TTRA marina building during the term of this Agreement, the CITY shall have the right to close said facilities or a portion thereof and to require the CONCESSIONAIRE to cease operation for a period of time as necessary for construction, excavation, or the installation of improvements. The parties shall attempt to mutually agree on the timing of such undertakings to minimize disruption to the operations of CONCESSIONAIRE. CONCESSIONAIRE hereby agrees to hold harmless the CITY and all of its elected and appointed officials, employees, and agents from any damages, action for breach of contract, loss of income, inconvenience, detriment to business, or other similar injury caused directly or indirectly by the closing of said facilities, the denial of access to said facilities and/or provision of concessions to the public. D. Assignment The CONCESSIONAIRE shall not assign this Agreement, sublease the premises, or rent the use of the premises to any other party without first obtaining the written consent of CITY endorsed on or incorporated into any such assignment. Any such assignment, sublease or rental of the premises without first obtaining written consent of CITY shall be null and void, shall confer no rights on any third party, and shall be cause for immediate termination of this Agreement by CITY at CITY's option, and this provision against such assignment, sublease, or rental shall be deemed to be a continuing covenant and shall apply not only to the CONCESSIONAIRE herein, but to any and all assignees of said Agreement and to anyone who may, in any manner, acquire any interest therein. Each and every covenant and agreement contained herein shall extend to and be. binding upon the respective successors, heirs, administrators, and assigns of the parties hereto. E. Modification CONCESSIONAIRE is granted only such rights and privileges as are explicitly set out in this Agreement. None of the covenants, provisions, terms, or conditions of this Agreement to be kept or performed by CITY or CONCESSIONAIRE shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by both parties and delivered to the CITY and CONCESSIONAIRE. This Agreement contains the whole Agreement of the parties. F. Rights and Remedies The various rights, powers, options, elections, and remedies of either party provided in this Agreement shall be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies, or priorities allowed either party by law and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. G. Notices, Communication All complaints by CITY with regard to the operation of the concessions included in this Agreement shall be directed in writing to CONCESSIONAIRE by the Parks and Recreation Director. Notices as provided for in this Agreement shall be given to the respective parties hereto at the respective addresses designated on page one (1) of this Agreement unless either patty notifies the other, in writing, of a different address. Without prejudice to any other method of 10 notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this lease when sent, addressed as above designated, by the United States mail and deposited in a United States mailbox. H. Insurance The CONCESSIONAIRE shall furnish the CITY with a certificate or certificates of insurance by an insurance company licensed to do business in the State of Iowa, in compliance with the following requirements and under the endorsements and teens of the attached schedule, which is marked Exhibit A and incorporated herein, the terms of which are incorporated herein: a) General Commercial Liability insurance in the sum of $1,000,000 per occurrence and $2,000,000 in the aggregate with the City named as all additional insured, and b) Workers Compensation Insurance as required by the statutory limits provided under Iowa Code Chapter 85 (2019)(as amended). I. Indemnification (Hold Harmless) To the fullest extent permitted by law, the CONCESSIONAIRE agrees to defend, pay on behalf of, indemnify, and hold harmless the CITY, its elected and appointed officials, employees and volunteers and others working on behalf of the CITY against any and all claims, demands, suits or loss, including any and all outlay and expense connected therewith, and for any damages which may be asserted, claimed or recovered against or from the CITY, its elected and appointed officials, employees, volunteers or others working on behalf of the CITY, by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, which arises out of or is in any way connected or associated with the work and/or set -vices provided by the CONCESSIONAIRE to the CITY pursuant to the provisions of this Agreement. It is the intention of the parties that the CITY, its elected and appointed officials, employees, volunteers or other working on behalf of the CITY shall not be liable or in any way responsible for injury, damage, liability, loss or expense incurred by the CONCESSIONAIRE, its officers, employees, subcontractors, and others affiliated with the CONCESSIONAIRE due to accidents, mishaps, misconduct, negligence or injuries either in person or property resulting from the activities of the CONCESSIONAIRE pursuant to the provisions of this Agreement, except for and to the extent caused by the negligence of the CITY. 11 CONCESSIONAIRE expressly assumes full responsibility for any and all damages or injuries which may result to any person or property by reason of or in conjunction with the work and/or services provided by the CONCESSIONAIRE to the CITY pursuant to this Agreement, and agrees to pay the CITY for all damages caused to the CITY premises resulting from the activities of the CONCESSIONAIRE, its officers, employees, subcontractors, and others affiliated with the CONCESSIONAIRE. CONCESSIONAIRE represents that its activities pursuant to the provisions of this Agreement will be performed and supervised by adequately trained and qualified personnel, and the CONCESSIONAIRE will observe, and cause its officers, employees, subcontractors and others affiliated with the CONCESSIONAIRE to observe all applicable safety rules. J. Waiver of Subrogation To the extent permitted by law, CONCESSIONAIRE hereby releases the CITY, its elected and appointed officials, its agents, employees and volunteers and other working on behalf of the CITY from and against any and all liability or responsibility of the CONCESSIONAIRE or anyone claiming through or under the CONCESSIONAIRE by way of subrogation or otherwise, for any loss or damage to property caused by fire or any other casualty. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of this contract. CONCESSIONAIRE policies of insurance shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of the CONCESSIONAIRE to recover thereunder. K. Personal Property All personal property in the subject premises shall be so placed at the risk of the CONCESSIONAIRE and CITY shall not be liable for any damage or loss, either to person or property, sustained by CONCESSIONAIRE, except as caused by negligence of CITY, its officers and/or employees. L. Real Estate Taxes In the event that any real estate taxes are levied or assessed under lawful authority by reason of the fact of this Agreement and of CONCESSIONAIRE's use of the premises or against any structure erected by CITY or CONCESSIONAIRli on the premises owned by CITY, such taxes shall be timely paid by CONCESSIONAIRE. CONCESSIONAIRE further agrees to timely pay all taxes, assessments, or other public charges levied or assessed by lawful authority (but reasonably preserving CONCESSIONAIRE's right to appeal) against its personal property on the leased premises, during the term of this 12 Agreement or any renewals or extensions thereof. CITY and CONCESSIONAIRE agree there is no intent to establish a tax liability on either party. If a tax liability accrues to either parry, this Agreement shall be subject to termination or renegotiation. M. Banlavntcy If CONCESSIONAIRE shall become insolvent or be declared bankrupt or said premises shall come into the possession of any receiver, assignee, or other officer acting under an order of any court, then CITY shall have the right to terminate this Agreement by written notice effective immediately. In the event CITY shall not exercise such right, the CITY may accept rent from said receiver, trustee, or officer in possession thereof, for the term of such occupancy, without impairing or affecting in any way the rights of the CITY under this Agreement. N. Discrimination The CONCESSIONAIRE agrees to operate this concession in compliance with all applicable federal, state, local and civil rights laws, specifically free from discrimination on the basis of age, race, religion, creed, color, sex, national origin, sexual orientation, gender identity, marital status, or disability. The CONCESSIONAIRE further agrees to comply with Title 2 of the Code of Ordinances of the City of Iowa City, Iowa ("City Code"). O. Contract Language Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter gender according to the context. P. Termination Upon the termination of this Agreement and any extensions thereof, the CONCESSIONAIRE will surrender, yield up, and deliver the premises in good and clean condition, except for the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of CONCESSIONAIRE. In the event CONCESSIONAIRE violates or fails to carry out any of the provisions of this Agreement, the CITY shall give CONCESSIONAIRE thirty (30) calendar days written notice of said violation or failure (which notice shall be served personally or by certified mail, return receipt requested); and if the CONCESSIONAIRE does not correct such violation or failure within thirty (30) calendar days, or if CONCESSIONAIRE habitually violates such provisions, then the CITY may cancel and terminate said Agreement effective upon delivery of a notice of termination. CITY OF IOWA CITY, IOWA By: Geo ruin, City Manager CONCESSIONAIRE FIN & FEATHER H2O LLC 13 Appr5 " �-ar-cS City Attorney's Office rr By: j rian Wdenstein, Manager 14 E7UMIT A STANDARD INSURANCE REQUIREMENTS The Concessionaire shall purchase and maintain insurance to protect the Concessionaire, the City of Iowa City, Iowa throughout the duration of the Agreement. Said insurance shall be provided by an Insurance company(ies), "admitted" and "nonadmitted" to do business In the State of Iowa, having no less than an A.M. Best Rating of "B+." All policies shall be written on a per occurrence basis, not a claims -made basis, and In form and amounts and with companies satisfactory to the CITY. Certificates of Insurance confirming adequate insurance coverage shall be submitted to the CITY prior November 1, 2019. PROOF OF INSURANCE: The Contractor shall provide to the City of Iowa City, Iowa a Certificate(s) of Insurance evidencing all required Insurance coverage utilizing the latest version of the ACORD form. The Certificate(s) of Insurance shall specify under "Description of Operations/ LocationsNehicle/Special Items": (1) the title of the contract or permit or license, etc. and (2) the following statement, "Mere required, Additional Insured, Governmental Immunities, and Cancellation and Material Change endorsements have been included as per attached." These endorsements shall be attached to the Certificate(s) of Insurance so as to evidence their inclusion in the coverages required. CITY OF IOWA CITY, IOWA ADDITIONAL INSURED ENDORSEMENT The City of Iowa City, Iowa, including all its elected and appointed officials, all its employees and volunteers, all its Commissions, commissions and/or authorities and their Commission members, employees, and volunteers, are included as Additional Insureds. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage be primary, contributing or excess. CITY OF IOWA CITY, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT (For use when including the City as an Additional Insured) 1. Nonwaiver of Governmental 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 an Additional Insured does not waive any of the defense of governmental immunity available to the City of Iowa City, Iowa under the 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 may be amended from time to time. 15 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, Iowa. 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 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 and 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. CITY OF IOWA CITY, IOWA CANCELLATION AND MATERIAL CHANGES ENDORSEMENT Thirty (30) days Advance Written Notice of Cancellation, Non -Renewal, Reduction in coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: Risk Management Office, City of Iowa City, City Hall, 410 E. Washington St., Iowa City, Iowa 52240. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance to which this endorsement is attached. 16 Drafted by; Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 AMENDMENT TO EXTEND THE SECOND RENEWAL OF THE TERRY TRUEBLOOD RECREATION AREA MARINA BUILDING CONCESSION AGREEMENT WITH FIN & FEATHER H2O LLC WHEREAS, on September 4, 2012, the CITY OF IOWA CITY, IOWA, and Fin & Feather H2O LLC entered into a Concession Agreement ("Agreement") that was to terminate on August 31, 2015; WHEREAS, Paragraph I of the Agreement provides for an option to renew the Agreement for up to two (2) subsequent two (2) -yea r renewal periods; WHEREAS, the parties did renew the Agreement twice with the second renewal extending the term to August 31, 2019; WHEREAS, the parties are negotiating a new agreement that they wish to run concurrently with the recreation season beginning November 1, 2019; and WHEREAS, the parties wish to amend the Agreement to extend the termination date from August 31, 2019 to October 31, 2019. NOW, THEREFORE, it is agreed by and between the parties as follows: The term of the Agreement is extended to October 31, 2019. Approvej� City Attorney CITY OF IOWA CITY, IOWA By: J es A. Throgmorto , Mayor FIN & FE HER 1120 LLC By: fitra*n-Mildenstein Item Number: 6.j. ®4 CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution amending the budgeted positions in the Neighborhood and Development Services by Department by deleting one full-time Administrative Secretary position and adding one full-time Development Services Assistant position and amending the AFSCME pay plan by adding the position Development Services Assistant to grade 4. Prepared By: Tracy Hightshoe, NDS Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Decrease in personnel costs of $7,546 to $18,099 Recommendations: Staff: Approval Commission: Commission: NA Attachments: Job Description Resolution Executive Summary: Recently, the Administrative Secretary position has been vacated. After evaluating the needs of the department, staff has determined that a Development Services Assistant would better serve the needs of the City. Therefore, staff seeks approval to eliminate the Administrative Secretary position and replace with a Development Services Assistant, an AFSCME position. Background /Analysis: Due to the vacancy, the needs of the division have been reviewed and reassessed. With the merger of Planning and Community Development and Housing Inspection Services, needs have changed and responsibilities altered. An employee with confidential status is no longer needed due to online budgeting and payroll software upgrades. Staff has determined that the department would be better served by having a staff position with their main responsibilities focused on building permitting and scheduling and general department wide functions. Replacing an Administrative Secretary at pay grade 24 under the Administrative/Confidential Plan with an AFSCME position at pay grade 4 will result in an estimated net annual decrease in salary and benefit expenditures of between $7,456 to $18,099 (range between Step 1 and maximum step). ATTACHMENTS: Description Job Description Resolution CITY OF IOWA CITY — Job Description Job Class # FLSA Non -Exempt Non -Civil Service Identification Position Title: Development Services Assistant Department: Neighborhood & Development Services Division: Development Services Supervisor: Senior Building Inspector Job Summary Performs general and specialized clerical, permitting, and office management duties in support of functions and programs of the Development Services Division. Understands basic construction components and practices associated with building construction and the land development process. Assists the Neighborhood Services Division as needed. Essential Job Duties and Responsibilities Receives telephone calls and greets customers in person at front counter area, routing to others when necessary, related to department functions and permitting inquiries. Assists the general public in answering inquires, listening to complaints, or referring to appropriate personnel inquires pertaining to zoning, building, and housing. Provides information and assistance to other staff, contractors, developers, and the general public. Maintains records and inventories; monitors use of supplies and equipment; and orders supplies and materials as necessary for the department. Manages procurement card for certain department purchases. Processes accounts payable and accounts receivable; creates daily revenue summary report and makes daily deposits. Operates and provides for maintenance of a variety of office equipment. Compiles and distributes packets for NDS boards and commissions, when needed; distributes public meeting notices to press and individuals as requested; posts packet information to web site. Reviews and applies applicable construction and zoning codes for the issuance of permits. Suggests improvements to and implements approved configurations of the permit, licensing, and code enforcement software to enhance work efficiency and the delivery of services. Collects fees for licenses, applications, permits and other departmental activities. Job Class #24-01 D Neighborhood & Development Services Maintains general policies and procedures, rules, regulations, handbooks, planning documents for departmental access. Monitors and creates department website content and completes periodic updates. Assists the public with residential and commercial permit and occupancy applications, and other miscellaneous permits, provide information on established procedures and requirement and assist the public with all NDS programs, including owner -occupied housing rehabilitation. Schedules a wide variety of inspections for multiple Development Services staff Reviews case files for final completion and issues Certificates of Occupancy. Monitors expiring permits and applications and corresponds with applicant to meet deadlines. Produces monthly and yearly building permit statistics and reports. Establishes and maintains computerized records; ensures files are maintained in good working order and easily retrievable. Assists in the interviewing and selection of part-time minute -takers and coordinating their work for NDS boards and commissions. Conducts self in a manner which promotes and supports diversity and inclusivity in the workplace and community. Performs other related duties as assigned. Physical and Environmental Conditions The physical demands and work environment conditions described here are representative of those that must be met by an employee to successfully perform the essential functions of this job and are encountered while performing those essential functions. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; and talk and hear. The employee frequently is required to walk and reach with hands and arms. The employee is occasionally required to stand and stoop, kneel, crouch, or crawl. The employee must occasionally lift and/or move up to 10 pounds. The noise level in the work environment is usually moderate. Minimum Education, Experience and Certification High school graduate or GED with additional training in the areas of office management, writing, legal issues and/or public relations required. One-year experience in the clerical field preferably in the specialized area of building, zoning, or community development. Experience in Microsoft Office required. Must pass criminal background check. Page 2 CITY OF IOWA CITY — Job Description Preferred Education, Experience and Certification Associate degree or equivalent from an educational institution accredited by a DOE recognized accreditation body or three to four years of experience in the specialized area of building, zoning, or community development preferred. Certification by the International Code Council (ICC) as Permit Technician. Knowledge, Skills, and Abilities Must be detail oriented, able to effectively manage one's time, solve problems and exercise sound judgement in a multi -tasking environment. Ability to read, understand, apply and enforce applicable codes and policies in the issuance of permits. Good knowledge of general office policies and procedures. Good interpersonal skills. Skills in the operation of Microsoft Office or related software and office management. Ability to read and interpret laws, ordinances, plans and reports. Ability to complete a variety of written reports. Ability to operate a variety of standard office equipment. The above statements are intended to describe the general nature and level of work being performed by individuals assigned to this job. They are not intended to be an exhaustive list of all responsibilities, duties, and skills required of personnel so classified in this position. Prepared by: Tracy Hightshoe, Neighborhood and Development Services Director, 410 E. Washington St.., Iowa City, IA 52240 (319) 356-5244 Resolution Number. 19-i98 Resolution amending the budgeted positions in the Neighborhood and Development Services Department by deleting one full-time Administrative Secretary position and adding one full-time Development Services Assistant position and amending the AFSCME pay plan by adding the position Development Services Assistant to grade 4. Whereas, Resolution No. 19-79 adopted by the City Council on March 12, 2019, authorized budgeted positions in the Neighborhood and Development Services Department for Fiscal Year 2020; and Whereas, Resolution No. 17-14 adopted by the City Council on January 3, 2017 established a classification and compensation plan AFSCME employees; and Whereas, it was determined that the needs of the department would be better served by a Development Services Assistant who can assist with building scheduling and permitting functions while performing department wide duties; and Whereas, the qualifications and duties of the Development Services Assistant have been reviewed and it has been determined that AFSCME grade 4 is the appropriate classification. Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The budgeted positions in the Neighborhood and Development Services Department be amended by: 1. Deleting one full-time Administrative Secretary position, Confidential grade 24. 2. Adding one full-time Development Services Assistant position to the Development Services Division, AFSCME grade 4. The AFSCME pay plan be amended by adding the position Development Services Assistant to grade 4. Passed and approved this 6th day of August , 2019. M or A ved by Attest: % City Clerk City Attorney's Office It was moved by C..01 a and seconded by Teague the Resolution be adopted, and upon roll call there were: Resolution No Page 2 AYES: 19-198 NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.k. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution amending the budgeted positions in the Recreation Division of the Parks and Recreation Department by deleting one full-time Recreation Program Supervisor position and adding one full-time Assistant Recreation Superintendent position and amending the Administrative pay plan by adding the position Assistant Recreation Superintendent. Prepared By: Juli Seydell Johnson, Director of Parks & Recreation Reviewed By: Karen Jennings, Human Resources Administrator Dennis Bockenstedt, Finance Director Sue Dulek, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: This change in positions will have an increased cost impact of approximately $7,000 in the first year. Recommendations: Staff: Approval Commission: None Attachments: Resolution Executive Summary: This resolution eliminates a vacant position of Recreation Program Supervisor and adds a new position of Assistant Recreation Superintendent. After evaluating the needs of the Parks & Recreation Department, it has been determined that the needs of the department can be better served by a new position of Assistant Recreation Superintendent. Background /Analysis: The Parks & Recreation Department - Recreation Division has a vacant Recreation Program Supervisor position. After evaluating the needs of the Parks & Recreation Department, it has been determined that the needs of the department can be better served by a new position of Assistant Recreation Superintendent. The Division includes 8 full-time and up to 200 temporary employees. All administrative duties are the responsibility of the Recreation Superintendent. The duties and administrative responsibilities of the Recreation Superintendent have grown to a point whereby the position of Assistant Recreation Superintendent is necessary for adequate supervision and management of recreational programs/event operations and facility supervision. The Assistant Recreation Superintendent will assist in supervisory and administrative duties and will be responsible for programming in one core recreational area. This change in positions will have an increased cost impact of approximately $7,000 in the first year. ATTACHMENTS: Description Resolution 060 Prepared by: Juli SeydellJohnson, Parks and Recreation Director, 220 S. Gilbert St., Iowa City, IA 52240 (319) 356-5104 Resolution Number. 19-199 Resolution amending the budgeted positions in the Recreation Division of the Parks and Recreation Department by deleting one full- time Recreation Program Supervisor position and adding one full-time Assistant Recreation Superintendent position and amending the Administrative pay plan by adding the position Assistant Recreation Superintendent. Whereas, Resolution No. 19-79 adopted by the City Council on March 12, 2019, authorized budgeted positions in the Recreation Division of the Parks and Recreation Department for Fiscal Year 2020; and Whereas, Resolution No. 17-14 adopted by the City Council on January 3, 2017 established a classification and compensation plan for Administrative, Confidential and Executive employees; and Whereas, the Parks & Recreation Department- Recreation Division has a vacant Recreation Program Supervisor position. After evaluating the needs of the Parks & Recreation Department, it has been determined that the needs of the department can be better served by a new position of Assistant Recreation Superintendent to provide additional supervision of permanent and temporary personnel; and Whereas, this change in positions will have an increased cost impact of approximately $7,000 in the first year. Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The budgeted positions in the Recreation Division of the Parks and Recreation Department be amended by: 1. Deleting one full-time Recreation Program Supervisor position, AFSCME grade 14. 2. Adding one full-time Assistant Recreation Superintendent position, Administrative grade 27. The Administrative, Confidential and Executive pay plan be amended by adding the position Assistant Recreation Superintendent position to grade 27. Passed and approved this 6th day of August 20 19 4�z' .� M or App ed by // Attest: // Cily Clerk City Attorney's Office Resolution No. 19-199 Page 2 It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.1. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution accepting the work for the sanitary sewer, water main, improvements for 101 Lusk Avenue, and declaring public improvements open for public access and use. Prepared By: Josh Slattery, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: The construction of the sanitary sewer and water main improvements for 101 Lusk Avenue have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. Background /Analysis: Sanitary sewer was extended west along Rowland Court from the existing sanitary manhole in front of 4 Rowland Court to Lusk Avenue, and then south along Lusk Avenue to provide service for 101 Lusk Avenue. Water main was also extended south along Lusk Avenue beyond end of paving so that the hydrant was out of the way of the new driveway for 101 Lusk Avenue, and so there was main in front of 101 Lusk Avenue for the new water service. ATTACHMENTS: Description Engineer's Report Resolution I r 1 �41 ® i CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 ENGINEER'S REPORT (319) 356 - 5009 FAX www.icgov.org July 26, 2019 Honorable Mayor and City Council Iowa City, Iowa Re: Sanitary Sewer and Water Main Extension for 101 Lusk Avenue Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and water main improvements for 101 Lusk Avenue have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Josh Slattery, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 19-200 Resolution accepting the work for the sanitary sewer, water main, improvements for 101 Lusk Avenue, and declaring public improvements open for public access and use Whereas, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications approved by the Engineering Division. Sanitary sewer and water main improvements for 101 Lusk Avenue Sanitary, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Whereas, the maintenance bonds have been filed in the City Clerk's office; and Whereas, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and 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 and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 6th day of August _,2019 Mayor Attest: City Clerk p roved by �-2g-rg City Attorney's Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: X X X X X X Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Prepared by: Josh Slattery, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 19-201 Resolution accepting the work for the water main public improvements for Lacina Meadows Water Main Extension, and declaring public improvements open for public access and use. Whereas, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications approved by the Engineering Division. Sanitary sewer, storm sewer, and water main improvements for Lacina Meadows Water Main Extension, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Whereas, the maintenance bonds have been filed in the City Clerk's office; and Whereas, the City of Iowa City has notified the contractor listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and 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 and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 6th day of August 2019 M or Attest: Ci Clerk It was moved by (ole and seconded adopted, and upon roll call there were: Ayes: X X X X Nays: ;joved by l City Attorney's Office by Teague the Resolution be Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton co Item Number: 6.m. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution accepting the work for the water main public improvements for Lacina Meadows Water Main Extension, and declaring public improvements open for public access and use. Prepared By: Josh Slattery, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: Resolution accepting the work for the water main public improvements for Lacina Meadows Water Main Extension, and declaring public improvements open for public access and use. Background /Analysis: The construction of the water main improvements for Lacina Meadows Water Main Extension have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. ATTACHMENTS: Description Engineer's Report Resolution r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 ENGINEER'S REPORT (319) 356 - 5009 FAX www.icgov.org July 26, 2019 Honorable Mayor and City Council Iowa City, Iowa Re: Lacina Meadows Water Main Extension Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the water main improvements for the Lacina Meadows Water Main Extension have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Ha el, P.E. City Engineer Item Number: 6.n. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution authorizing the Mayor to sign and the City Clerk to attest an agreement between the City of Iowa City and Southwestco Wireless, Inc., d/b/a Verizon Wireless, for use of public right-of-way for the installation, operation and maintenance of electrical transmission lines to facilitate operation of small wireless facilities. Prepared By: Kim Sandberg, Program Assistant Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution License Agreement Executive Summary: This License Agreement, between the City of Iowa City and Southwestco Wireless, Inc., d/b/a Verizon Wireless, will allow Southwestco to install, operate and maintain underground electrical transmission lines within public right-of-way. Background /Analysis: Southwestco Wireless, Inc., d/b/a Verizon Wireless, will be installing and operating small cell facilities within public right-of-way at various locations in Iowa City. These small cell facilities will be located on utility poles owned by the City and private entities. In order to provide power to these facilities, Southwestco Wireless has requested to install underground electrical transmission lines near each unit. To enable Southwestco Wireless to install said electrical transmission lines, staff has drafted a License Agreement between the City of Iowa City and Southwestco Wireless which will allow Southwestco, Inc. to install, operate, and maintain underground electrical transmission lines within City of Iowa City public right -of way. The agreement provides for the installation at 19 locations throughout Iowa City and provides for the expansion at additional locations by submitting a written request for review and approval by the Public Works Director. ATTACHMENTS: Description Resolution License Agreement Prepared by: Krnbedy Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 3565139 Resolution No. 19-202 Resolution authorizing the Mayor to sign and the City Clerk to attest an agreement between the City of Iowa City and Southwestco Wireless, Inc., d/b/a Verizon Wireless, for use of public right-of-way for the installation, operation and maintenance of electrical transmission lines to facilitate operation of small wireless facilities. Whereas, Southwestco Wireless, Inc., d/b/a Verizon Wireless, desires to install buried electrical lines within City of Iowa City public rights-of-way to facilitate its desire to install small wireless facilities on poles within the right-of-way; and Whereas, the City of Iowa City desires to enter into an agreement with Southwestco Wireless, Inc. providing for the use of the public right-of-way; and Whereas, it is in the public interest to enter into an agreement with Southwestco Wireless, Inc. concerning the responsibility for the installation and maintenance of the facilities installed within the right-of-way. Now, therefore, be It resolved by the City Council of the City of Iowa City, Iowa, that The attached agreement between the City of Iowa City and Southwestco Wireless, Inc. to use certain public rights-of-way as set out in said agreement for the placement of electrical lines is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at Southwestco Wireless, Inc.'s expense. Passed and approved this 6th day of August 2019 I Approved by Attest: Y City tlerk City Attorney's Office 7 It was moved by Cole and seconded adopted, and upon roll call there were: Ayes: X X X X X X Nays: by Teague the Resolution be Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton (r )( AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND SOUTHWESTCO WIRELESS, INC., D/B/A VERIZON WIRELESS, FOR USE OF PUBLIC RIGHT-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF ELECTRICAL TRANSMISSION LINES TO FACILITATE OPERATION OF SMALL WIRELESS FACHLITIES.' Whereas, Verizon Wireless desires to install certain small cell wireless facilities within public right-of-way; and Whereas, in order to operate said small wireless facilities, Verizon Wireless must connect to electricity and fiber optic services; and Whereas, Verizon Wireless now desires to enter into an agreement with the City for the provision of electrical transmission lines to their facilities; and Whereas, Verizon Wireless does not intend to extend fiber optic to their facilities, but rather rely upon a third party to do so pursuant to a separate agreement with the City; and Whereas, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right-of-way; and Whereas, the Department of Public Works has reviewed the request to extend electrical service to certain proposed small wireless facilities on public right-of-way, and finds such use to be a minimal intrusion into the public right-of-way and is in the public interest. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Electrical System" shall mean those cables, underground conduits, handholes, vaults, and electrical lines necessary for the provision of electricity to a Small Wireless Facility owned, operated, leased, or subleased by Network. c. "Public Improvements" shall mean any publicly -owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. d. "Network" shall mean Southwestco Wireless, Inc., d/b/a Verizon Wireless, a company registered to do business in the state of Iowa. e. "Small Wireless Facility" shall mean a wireless facility that meets the following requirements: 1) Each antenna is no more than six cubic feet in volume; 2) (a) All other equipment associated with the small wireless facility is cumulatively no more than twenty-eight cubic feet in volume; (b) For purposes of this subparagraph, volume shall be measured by the external displacement of the primary equipment enclosure, not the internal volume of such enclosure. An associated electric meter, concealment, telecommunications demarcation box, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switch, cutoff switch, cable, conduit, and any equipment that is concealed from public view within or behind an existing structure or concealment may be located outside of the primary equipment enclosure and shall not be included in the calculation of the equipment volume. "Small wireless facility" includes a micro wireless facility as defined in Iowa Code Section 8C.2(10), and, for purposes of this Agreement only, also includes any structure that supports or houses equipment necessary to operate a small wireless facility. f. "Wireless facility" means equipment at a fixed location that enables the transmission of wireless communications or information of any kind between user equipment and a communications network, except that "wireless facility" does not include coaxial or fiberoptic cable service lines leading to the applicable structure. SECTION 2. BASIC GRANT In accordance with this Agreement, Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain the Electrical System in, under, upon, along and across the public right-of-way shown and identified in Exhibit A hereto, which may be amended from time to time upon approval of the Public Works Director, with approval to not be unreasonably withheld, subject to the regulatory powers of the City, including the permitting process and any permit conditions not precluded by law. This Agreement shall in no way limit or waive either party's present or future rights under laws. If, after the date of this Agreement, the rights or obligations of either Party are materially altered, clarified, preempted, or superseded by changes in applicable laws, the parties agree to amend the Agreement to reflect such changes in laws. SECTION 3. PLAN APPROVAL A. In the event Network desires to install or repair any component of the Electrical System in public right-of-way locations designated on Exhibit A, Network shall, prior to commencing any such work, except for emergency repairs, obtain an excavation permit in accordance with Sections 4 and 6 below. B. In the event Network desires to install, extend, expand or repair any component of its Electrical System to public right-of-way locations not shown on the attached Exhibit A, Network shall submit a written request to the City detailing the requested modification to Exhibit A, showing the additional sites, if appropriate, and detailed plans and specifications for the work necessary to perform the proposed installation, extension, expansion or repair to the Electrical System. The Public Works Director is hereby authorized to approve requests to install, extend, expand or repair Network's Electrical System within public right-of-way in locations other than those shown on Exhibit A, in accordance with this Agreement, the Iowa City Code of Ordinances, and the laws of the state of Iowa. C. Prior to installation of any Small Wireless Facility, the Network shall obtain approval of a "Small Wireless Facility Within Right -of -Way Application" by the Public Works Director, which approval shall be in compliance with state law. D. If the proposed location of any Electrical System component shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvement, any existing City -owned public utility system component, or other structure upon or under public property, the Director of Public Works shall note the changes necessary to eliminate interference and refer the same back to the Network for modification to the plans. SECTION 4. EXCAVATION PERMIT, EMERGENCY REPAIRS Prior to any excavation for the installation, repair, expansion or extension of the Electrical System within the right-of-way, the Network shall obtain an excavation permit. In making such excavations, Network shall not unnecessarily obstruct the use of streets, avenues, alleys or public places; shall provide the Public Works Director with at least twenty- four (24) hours' notice prior to the actual commencement of the work; and shall comply with all City provisions, requirements and regulations in performing such work. The Network shall provide a three (3) business day notice to the Public Works Director for any work requiring a street closure, or any portion thereof, or detour, except in the event of emergencies. Nothing herein shall be construed to prevent emergency excavations that may be necessary for the immediate preservation of life or property. The person making such emergency excavation shall apply to the Director for a permit on the first working day after such work is commenced. All notices required under this Section 4 may be provided by Network via phone call to City at 319-356-5140 and email correspondence to Public Works Director and the Public Works Coordinator. SECTIONS. NETWORK CONTRACTORS This agreement shall be binding upon and apply to all persons, firms or corporations performing work authorized under this Agreement for the Network pursuant to a contract, subcontract, time and materials arrangement or any other type of work order. SECTION 6. CONDITIONS OF STREET OCCUPANCY, ONE -CALL SYSTEM The Electrical System installed by the Network within the City right-of-way pursuant to this agreement shall conform to established grades of streets, alleys and sidewalks, and be located as to cause minimum interference with the rights or reasonable convenience of adjacent property owners, pedestrian and vehicular traffic, the Electrical System shall be installed in a location and manner as to cause as minimal disruption and occupation of the right-of-way as possible and shall connect to the nearest electrical supply source and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall not place its facilities in the public right-of-way where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The Network shall not place identification signs within the public right-of-way, except of those required by the Federal Communications Commission. Any excavation or obstruction made or placed in public property at any time or for any purpose, whether the work is done pursuant to an excavation permit or in an emergency, by Network shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices, as amended. All pavement removed or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications with the workmanship warranted for a period of five years. As a condition to the use of public right-of-way, Network shall, at its own expense, repair or cause repair to be made to any private or public property damaged by Network. Installation, repair, or replacement work completed by the Network on any facilities requiring excavation shall require Network to restore and replace surface vegetation with conformance with City ordinances, including Code Section 16-11), and in accordance with standard local practices. Network shall repair or arrange with the City for the proper repair of any public property disturbed by Network within thirty days after the Network's work within the right-of-way is complete. If the Network fails to do so after thirty days' notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of Network. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight hours after the time of request. As a condition of this agreement, the Network shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll-free "One -Call" number. SECTION 7. RELOCATION OBLIGATION The Network shall, upon reasonable notice not less than 90 days and at its sole cost and expense, remove, locate and relocate its Electrical System in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purposes of facilitating -the -vacation and/or redevelopment of public property by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section I1 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Network. In the case of public improvement projects, reasonable time shall be defined as the six-week period from the date of the City Council public hearing on the plans and specifications for the project. SECTION 8. ABANDONED FACILITIES The Network shall notify the City if it intends to abandon its facilities. Within 180 days of abandonment, the Network shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the right-of-way, unless this requirement is waived by the Director of Public Works. SECTION 9. POWERS OF CITY OF IOWA CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property provided it does not conflict with state law. Any such further regulations shall apply to Network and to this agreement. The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by third parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's communications system. SECTION 10. PLANS AND COORDINATION Upon completion of any work done within the right-of-way pursuant to this Agreement, the Network shall promptly furnish to the City copies of "as -built" plans related to its Electrical Systems located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its Electrical System facilities including buried abandoned facilities, in connection with this agreement. SECTION 11. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred or that a violation of codes or ordinances lawfully regulating the Network in the operation of its Electrical System or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default"), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, and the Network shall cure such default within sixty (60) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such sixty (60) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the City determines, in City's reasonable discretion, that a violation or breach of this agreement or codes or ordinances lawfully regulating the Network in the operation of its communications system is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to Network and immediately remedy the default by doing the act itself or through a contractor, and charge the costs of such work to the Network. If the Network fails to cure a default within the time allowed, the City shall have the right to: seek specific performance; or remedy the default by doing the act itself or through a contractor, and charge the costs of such work to the Network; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). 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 or the Southern District of 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. SECTION 12. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network authorized by this Agreement to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 13. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 14. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 15. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon sixty (60) days' notice provided to the Network if the City determines that the property or public right-of-way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need, or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said Electrical System in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 7 hereof. SECTION 16. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City 410 E. Washington Street Iowa City, IA 52240 319-356-5140 If to Network: Southwest Wireless, Inc. d/b/a Verizon Wireless Attention: Network Real Estate 180 Washington Valley Road Bedminster, New Jersey 07921 With copy to: Southwestco Wireless, Inc. 10801 Bush Lake Road Bloomington, MN 55438 952-946-4700 In case of an emergency, notices may be given verbally to the above-named persons with timely subsequent written confirmation. Specifically in the event notice must be tendered on an emergency basis to Network, verbal notice may be given to Network's emergency number 800- 254-6620. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 17. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at the Network's expense. Dated this 6th day of August . 2019. CITY OF IOWA CITY Throgmorton, Mayor SOUTHWESTCO Verizon Wireless :32 Print Name: Attest: City Clerk Approved by: City Attorney's Office INC. d/b/a Rommel Angeles CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This record was acknowledged before me on thiskday of u( , 2019, by James A. Throgmorton and Kellie Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation. CHRISTINE OLNEY Commijulm Number W6232 * i My Commission Expires OW Is Notary Public in and for the State of Iowa My commission expires: ql6* NETWORK ACKNOWLEDGMENT STATE OF 01,&"T 0 JZA - ) ss: NL COUNTY) Q This record was acknowledged before me on this day of h 2019 by _0M (name(s) of individuals) as DWaft-.Network Field Engineering a � _ - /o S (type of authority, such as officer or trustee) of Southwestco Wireless Inc. °`��" Notary Public in and for the State of_�_ MELINDA S VANG My commission expires: Notary Public State of Mlnneaota My Commission Expires January 31.2043 Exhibit A Areas of Right -of -Way Use (see attached map and information) /_ AERIAL PHOTO - NODE LOCATIONS eUIE N 18 verizon✓ Site Name Latitude Longitude Approximate Address Mormon Trek SCI 41039'07.21" 91°34'41.79" 734 Westwinds Dr 18-011 Mormon Trek SC2 41039'12.82" 91034'35.27" 2651 Roberts 18-012 Mormon Trek SC4 41038'50.13" 91034'45.91" 1316 Emily Ct 18-014 Mormon Trek SC5 41°39'10.71" 91035'06.45" 1181 Tipperary Rd 18-015 Mormon Trek SC6 41039'15.41" 91035'22.76" 506 Galway Dr 18-016 Mormon Trek SC7 NE Corner of Melrose & 41°39'25,86" 91°34'58.91" 18-010 Hawkeye park Rd Villa Park SC4 A 41039'15.48" 91034'9.15" 408 McBride Rd 18-018 Villa Park SC6 A 41038'50.42" 91033'53.95" 1804 Graslon St 18-020 Willow Creek SCI 41°38'38.07" 91°33'36.15" 8 Wrexham 18-021 Willow Creek SC2 41038'52.74" 91033'33.38" 68 Arbury Dr 18-022 Willow Creek SC3 41°38'40,90" 91°34'3.69" 1330 Teg Dr 18-023 Willow Creek SC4 41038'44.98" 91034'22.42" 2340 Cae Dr 18-024 Willow Creek SC5 41038'29.11" 91°34'19.93" 2259 Plaen View Dr 18-025 Willow Creek SC6 41°38'20.14" 91034'01.04" 1974 Jeffrey St 18-026 IAC DT Iowa City SC1 SW Corner of Clinton 410 39' 39.95" 910 32' 05,01" 18-039 St. & Iowa Avenue IAC DT Iowa City SC2 410 39'38.94" 91° 32'53,51" 22 S. Lynn St. 18-040 IAC DT Iowa City SC3 41° 39 38.41 910 31' 59.53" 17 S Dubuque St. 18-041 IAC DT Iowa City SC6 410 39'27.68" 91° 31' 22,85" 823 E Burlington St. 18-043 IAC DT Iowa City SC10 41° 39' 31.81" 910 31' 53.64" 200 S. Linn St. 18-042 Item Number: 6.o. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the City Hall Boiler and BAS Improvements Project. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Juli Seydell Johnson, Parks and Recreation Director Kumi Morris, Facilities Manager Jason Havel, City Engineer Ron Knoche, Public Works Director Simon Andrew, Assistant to the City Manager Fiscal Impact: The contract amount for this project is $525,067.00 and will be funded by Cl P Account #: R4129 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item awards the contract for the City Hall Boiler and BAS Improvements Project to RMB Co. of Iowa City, Iowa. The base bid scope of work for this project includes removal of existing boiler systems, installation of two high efficiency condensing type boilers, replacement and reconfiguration of the pumping/piping systems, new direct digital controls for the new components, and integration into the City's Niagara based Building Automation System. Additionally, the project will include temperature controls upgrades to integrate the existing HVAC systems into the City's Niagara based Building Automation System. Background /Analysis: City Hall's boiler system is designed to cycle between two boilers for longevity and redundancy of the system. The existing system has been in operation since 1992 and is currently operating on one boiler. One boiler is completely non -operational and the remaining, functioning boiler is estimated to have 3 to 4 years of life remaining. With the complete replacement of the boiler system, thermal efficiencies will be increased by approximately 12% and redundancy will be added for emergency situations. With improved thermal efficiency, the City will be eligible for energy rebates through MidAmerican Energy. This project also includes work related to the temperature controls system. The existing temperature controls system is primarily a mix of standalone pneumatically controlled systems and outdated Direct Digital Controls systems, all of which are limited from the standpoint of energy management and asset management capabilities. The proposed controls upgrades will integrate the existing HVAC systems into the City's Niagara based Building Automation System. These upgrades will result in reductions in energy consumption and energy cost as well as reduced maintenance costs. The following bids were received: RMB Co., Inc. Modern Piping, Inc. Day Mechanical Systems Hometown Plumbing & Heating All Temp Refrigeration AAA Mechanical Engineer's Estimate Iowa City, IA Cedar Rapids, IA Cedar Rapids, IA Davenport, IA Cedar Rapids, IA Coralville, IA $ 525,067.00 $ 595,370.00 $ 610,000.00 $ 615,000.00 $ 615,800.00 Non Responsive Bid $ 487,000.00 Based upon the bids received, staff recommends awarding the Base Bid to RMB Co., Inc. of Iowa City, Iowa. Project Timeline: Award Date —August 6, 2019 Construction Start —August 12, 2019 Final Completion — February 28, 2020 ATTACHMENTS: Description Resolution M Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 Resolution No. 19-203 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the City Hall Boiler and BAS Improvements Project. Whereas, RMB Co., Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $525,067.00 for construction of the above-named project; and Whereas, funds for this project are available in account # R4129; and Whereas, the City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above- named project. Now, therefore, be it resolved by the Council of The City of Iowa City, Iowa, that: The contract for the construction of the above-named project is hereby awarded to RMB Co., Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 6th day of August 2019 G MAYor p rove by. Attest: ) 5 City Clerk City Attorney's Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Resolution No. 19-203 Page 2 x Taylor x Teague x Thomas x Throgmorton Item Number: 6.p. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT August 6, 2019 Resolution accepting the work for the 2016 Washington Street Streetscape Project — Clinton Street to Linn Street. Prepared By: Scott Sovers, Assistant City Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: This project generally involved complete reconstruction of Washington Street from Clinton Street to Linn Street. The project improvements included street and sidewalk paving, traffic signals, pedestrian signals, water main, storm sewer, vault repairs, electrical lines, conduit, roadway and pedestrian lighting, site furnishings Work on the project was recently completed by Portzen Construction, Inc. of Dubuque, IA, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. • Project Estimated Cost: $ 5,125,000.00 • Project Bid Received: $ 4,345,358.85 • Project Actual Cost: $ 4,217,028.68 Background /Analysis: ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT July 24, 2019 City Clerk Iowa City, Iowa Re: Washington Streetscape Project Dear City Clerk: 1 t 1 -02 VIII � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.i.egov.org I hereby certify that the construction of the Washington Streetscape Project has been completed by Portzen Construction, Inc, of Dubuque, IA in substantial accordance with the plans and specifications prepared by Genus Landscape Architects. The project was bid as a unit price contract and the final contract price is $ 4,217,028.68. There were five (5) change or extra work orders for the project as described below: Change Order Description 1. Changed water main pipe type and removed vault hatch at 112 Washington Street. 2. Abandonment of vaults at 107 and 129 Washington Street 3. Increased size of water service to 119 Washington Street and installed a new power service to the Washington Street and Clinton Street traffic signal. 4, Added wayfinding kiosks, storm sewer intakes (Washington and Linn Street Intersection) and electrical conduits. 5, Litter receptacles (supply only), TOTAL Net Contract Change $ 20,982.78 ($119,996.85) $10,698.65 $197,621.31 ($2,499.49) $ 106,806.40 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer M Prepared by: Scott Sovers, Assistant City Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 Resolution No. 19-204 Resolution accepting the work for the 2016 Washington. Street Streetscape Project — Clinton Street to Linn Street Whereas, the Engineering Division has recommended that the work for construction of the 2016 Washington Streetscape Project, as included in a contract between the City of Iowa City and Portzen Construction Inc. of Dubuque, Iowa, dated March 11, 2016, 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 Washington Street Reconstruction account # S3938; and Whereas, the final contract price is $4,217,028.68. 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 6th day of August 2019 L , M or J A proved by Attest: City Clerk City Attorney's Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.q. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT August 6, 2019 Resolution accepting the work for the Melrose Avenue Fiber Optic Extension Project. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: This project has been completed by Utility Service Contractors of Hiawatha, I A in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bond are on file with the City Clerk. • Project Estimated Cost: $ 192,000.00 • Project Bid Received: $ 123,988.95 • Project Final Cost: $ 128,488.95 Background /Analysis: The existing above ground fiber optic connection that services the City's traffic signals between Emerald Street and South Grand Avenue required frequent repairs due to its exposure to the elements. This project replaced the existing aerial fiber optic cable with a permanent underground connection. ATTACHMENTS: Description Engineer's Report Resolution I l 1 �'� WiMtme� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (3 ] 9) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org ENGINEER'S REPORT July 22, 2019 City Clerk Iowa City, Iowa Re: Melrose Avenue Fiber Optic Extension Dear City Clerk: I hereby certify that Melrose Avenue Fiber Optic Extension has been completed by Utility Service Contractors of Hiawatha, Iowa in substantial accordance with the plans and specifications completed by HBK Engineering. The project was bid as a lump sum contract and the final contract price is $128,488.95. There was a total of one (1) change or extra work order for the project: 1. Bore conduit at additional depth below railroad tracks $4,500.00 Total $4,500.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel City Engineer Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 19-205 Resolution accepting the work for the Melrose Avenue Fiber Optic Extension Project. Wheras, the Engineering Division has recommended that the work for construction of the Melrose Avenue Fiber Optic Extension, as included in a contract between the City of Iowa City and Utility Service Contractors of Hiawatha, Iowa, dated July 18, 2018, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed with the City Clerk; and Whereas, funds for this project are available in account # S3814; and Whereas, the final contract price is $128,488.95. 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 6th day of August 2019 M or Attest: City Clerk aAroved -7 City Attorney's Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton .o Item Number: 6.r. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution accepting the work for the Park Accessibility Improvements Project 2018. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: This project, including work at three City parks, has been completed by All American Concrete, Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications prepared by Hall and Hall Engineers, Inc. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. • Project Estimated Cost: $ 70,019.95 • Project Bid Received: $ 74,401.00 • Project Final Cost: $ 70,888.07 Background /Analysis: This project included removal and replacement of existing concrete sidewalk and installation of new sidewalk at three parks for improved accessibility. Parks that received improvements under this project include Pheasant Hill Park, Tower Court Park, and Mercer Park. In addition to pavement improvements, the project also included all associated grading and site restoration improvements. ATTACHMENTS: Description Engineer's Report Resolution � r p � Wy��e®1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org ENGINEER'S REPORT July 22, 2019 City Clerk Iowa City, Iowa Re: Park Accessibility Improvements 2018 Dear City Clerk: I hereby certify that the Park Accessibility Improvements 2018 project has been completed by All American Concrete, Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications completed by Hall and Hall Engineers, Inc. The project was bid as a unit price contract and the final contract price is $70,888,07. 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 City Engineer & �, C Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 19-206 Resolution accepting the work for the Park Accessibility Improvements Project 2018. Whereas, the Engineering Division has recommended that the work for construction of the Park Accessibility Improvements Project 2018, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated August 29, 2018, 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 account # R4132; and Whereas, the final contract price is $70,888.07. 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 6th day of August , 2019 M yor Attest: 1' City Clerk A Rroved City Attorney's Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.s. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution accepting the work for the Landfill Cell FY18 — 2019 Repairs Project. Prepared By: Joe Welter, Sr. Civil Engineer Reviewed By: Jennifer Jordan, Resource Management Superintendent Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: The construction work for repairs to the Landfill Cell FY18 have been completed by Connolly Construction, Inc. of Peosta, Iowa, in substantial accordance with the plans and specifications developed by the City of Iowa City. The Engineer's Report and Performance and Payment Bond are on file with the City Clerk. • Project Estimated Cost: $19,000.00 • Project Bid Received: $34,935.00 • Project Actual Cost: $65,486.02 One change order occurred on the project. This change order accounted for a change in the fill material, creation of sump points in the cell, repair of a leachate collection system cleanout pipe, and additional materials to be excavated. Background /Analysis: Since the acceptance of the new landfill cell, Cell FY18, last fall and due to excessive and intense rainfall, sand and sediment had accumulated in the leachate collection system header pipe trench on the west end of the cell. These materials hampered the drainage functions of the trench and header pipe. This project included the removal of these materials from the trench as well as placement of new materials to replace those removed. Since substantial completion of this work, the cell is again operational and has been accepting wastes. ATTACHMENTS: Description Engineer's Report Resolution � r qO��A® CITY OF IOWA CITY 4t0 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 ENGINEER'S REPORT (319) 356 - 5009 FAX www.icgov.org July 25, 2019 Honorable Mayor and City Council Iowa City, Iowa Re: Landfill Cell FY18 — 2019 Repairs Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction work associated with the Landfill Cell FY18 — 2019 Repairs Project has been completed by Connolly Construction, Inc. of Peosta, Iowa in substantial accordance with the Project Manual prepared by the City of Iowa City Engineering Division. The project was bid as a unit price contract and the final contract price is $65,486.02 There was a total of one (1) change or extra work order for the project: 1. Change in fill material, creation of sump points, repair of a leachate collection system cleanout pipe, and additional excavated materials $30,541.00 Tota $30,541.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Joe Welter, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 19-207 Resolution accepting the work for the Landfill Cell FY18 — 2019 Repairs Project. Whereas, the Engineering Division has recommended that the work for the Landfill Cell FYI — 2019 Repairs Project., as included in a contract between the City of Iowa City and Connolly Construction, Inc. of Peosta, Iowa, dated May 15, 2019, be accepted; and Whereas, the maintenance bond has been filed; and Whereas, the Engineer's Report has been filed in the City Engineer's Office; and Whereas, the City of Iowa City has notified the contractor listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and Whereas, funds for this project are available in Landfill Operations, 75750121; and Whereas, the final contract price is $65,486.02. 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 6th day of August 2019 / M or p r ved b Attest: G. 7-Z9 —1 `1' City lerk City Attorney's Office It was moved by Cole and se onded by Teague the Resolution be adopted, and upon roll call there were Ayes: k Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 61 �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT August 6, 2019 Resolution accepting the work for the Curb Ramp 2018 Project. Prepared By: Jason Reichart, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Simon Andrew, Assistant to the City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: The Curb Ramp 2018 Project has been completed by Feldman Concrete, of Dyersville, Iowa, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. • Project Estimated Cost: $ 79,521.00 • Project Bid Received: $ 81,037.30 • Project Actual Cost: $ 100,017.24 Background /Analysis: The Curb Ramp 2018 Project is part of an ongoing effort to construct new sidewalk curb ramps meeting current ADA standards. This project was bid as a competitive quotation project, and included reconstruction of curb ramps at five intersection locations in Iowa City. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT July 25, 2019 City Clerk Iowa City, Iowa Re: Curb Ramp 2018 Project Dear City Clerk: 'r viii A- � '* war 6M o CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org I hereby certify that the Curb Ramp 2018 Project has been completed by Feldman Concrete, of Dyersville, 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 $100,017.24, A total of two (2) change or extra work orders were approved for the project as follows: 1. Additional Pavement Removal and M -mix Concrete Driveway $7,057.64 2. Additional Curb Ramp Site (Dublin and Killarney) $5,981.40 TOTAL $13,039.04 I recommend that the above -referenced improvements be accepted by the City of Iowa City, Sincerely, Jason Havel City Engineer 6� Prepared by: Jason Reichart, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416 Resolution No. 19-208 Resolution accepting the work for the Curb Ramp 2018 Project Whereas, the Engineering Division has recommended that the work for construction of the Curb Ramp 2018 Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa dated January 9, 2019 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 Curb Ramps - ADA account # S3822; and Whereas, the final contract price is $100,017.24. 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 6th day of August / 2019 M or TAroved by Attest: City Jerk City Attorney's Office It was moved by Cole and seconded by 'Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.u. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution approving, authorizing and directing the Mayor to sign and the City Clerk to attest the Iowa Department of Transportation funding agreement for the replacement of the Gilbert Street Bridge over Ralston Creek. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Funding Agreement Resolution Executive Summary: This agenda item approves an agreement with the Iowa Department of Transportation for City Bridge Program funding that will be applied towards replacement of the Gilbert Street Bridge over Ralston Creek. Background /Analysis: The 2017 Biennial Bridge Inspection Program identified advanced deterioration of the deck and super structure on the Gilbert Street bridge. The Program recommended the bridge be scheduled for significant repairs or replacement. The Iowa Department of Transportation funding provides for 80% reimbursement of all eligible and properly documented costs up to $1,000,000. Total cost of the project is estimated at $1,900,000, and the City's share of the estimated project costs will be funded with Road Use Tax Funds and General Obligation Bonds. It is anticipated that bridge construction would occur in 2021. ATTACHMENTS: Description Funding Agreement Resolution Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5044 Resolution No. 19-209 Resolution approving, authorizing and directing the Mayor to sign and the City Clerk to attest the Iowa Department of Transportation funding agreement for the replacement of the Gilbert Street Bridge over Ralston Creek. Whereas, in 2019, the City requested funding through the Iowa Department of Transportation Highway Bridge Program for the replacement of the Gilbert Street Bridge over Ralston Creek; and Whereas, the Iowa Department of Transportation recently notified the City that the aforementioned project is eligible to receive 80 percent reimbursement for all qualified and properly documented project costs up to a limit of $1,000,000; and Whereas, the replacement of the Gilbert Street Bridge over Ralston Creek is currently in the FY20-FY21 Financial Plan for replacement in 2021 with design commencing in 2020; and Whereas, the City Council deems it is in the public interest to accept funding and enter into an agreement with the Iowa Department of Transportation for the design and construction of the Gilbert Street Bridge over Ralston Creek. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that 1. It is in the public interest to accept funding and enter into an agreement with the Iowa Department of Transportation. 2. The Mayor is authorized to sign and the City Clerk to attest an agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. Passed and approved this 6th day of August 2019 Mily,or proved 7 q Attest: City Clerk C ttonrey's Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton April 2016 IOWA DEPARTMENT OF TRANSPORTATION Federal -aid Agreement For a City Highway Bridge Program Project Recipient: City of Iowa City Project No: BRM -3715(667)--8N-52 Iowa DOT Agreement No: 6-19-HBPU-015 CFDA No. and Title: 20.205 Highway Planning and Construction This is an agreement between the City of 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. The Surface Transportation Block Grant Program (STP) makes Federal funds available for replacement or rehabilitation of highway bridges on public roads on and off the Federal -aid System. A portion of STP funds have been set-aside for this purpose and designated as the Highway Bridge Program. Pursuant to the terms of this agreement, applicable statutes, and 761 Iowa Administrative Code (IAC) Chapter 161, the Department agrees to provide Highway Bridge Program funding 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 will be the Local Systems Project Development Engineer, Christy VanBuskirk, and the Eastern Region Local Systems Field Engineer, Kent L. Ellis. The Recipient's contact person shall be the City Engineer. 3. The Recipient shall be responsible for the development and completion of the following bridge project: A. FHWA Structure Number: 006450 B. Location: Gilbert Street over Ralston Creek C. Preliminary Estimated Total Cost: $1,900,000 4. The eligible project construction limits shall include the bridge plus grading and/or paving to reach a "touchdown point" determined by the Department. Within the eligible project construction limits, 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. Certain activities necessary to comply with Federal or State environment or permit requirements, including studies and/or mitigation of the project's environmental impacts, are also eligible. 5. Costs associated with work outside the eligible project construction limits, routine maintenance activities, operations, and monitoring expenses, are not eligible. In addition, administrative costs, and fees or interest associated with bonds or loans are not eligible. 6. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from Highway Bridge Program funds. The portion of the eligible project costs reimbursed by Highway Bridge Program funds shall be limited to a maximum of 80% of eligible costs or $1,000,000, whichever is less. Reimbursed costs will be limited to federal funds that are made available for cities through the Federal Highway Bridge Replacement Program outlined in 761 Iowa Administrative Code, Chapter 161. Highway Bridge Program Project Agreement Page 2 7. The Recipient shall pay for all project costs not reimbursed with Highway Bridge Program funds. The Recipient shall let the project for bids through the Department. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 10. It is the intent of both (all) parties that no third party beneficiaries be created by this agreement. 11. Responsibility for compliance with the Federal and State laws, regulations, policies, or procedures required by this agreement is not assignable without the prior written consent of the Department. 12. The project shall be let to contract within 3 years of the date this agreement is approved by the Department. If not, the Recipient may be in default, for which the Department may revoke funding commitments. This agreement may be extended for a period of 6 months upon receipt of a written request from the Recipient at least 30 days prior to the 3 year deadline. 13. This agreement and the attached Exhibit 1 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. RECIPIyFP :City of`IowS�Ry > � By / Date pl, f- Titl(YI0.VCt" )) I, j- t tt-e 1�. t -Y -U ell I I certify that I am the Clerk of the City, and that Cz/Y "S 4, JI(C-C roof -f irk 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 � day of /moi- t� � I.q Signed >-) OLI Date City Clerk of Iowa City, to a J IOWA DEPARTMENT OF TRANSPORTATION Highway Administration By C Date 2W q K16nt L. Ellis, P.E. Local Systems Field Engineer Eastern Region October 2018 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 Instructional Memorandums to Local Public Agencies (I.M.$), available on-line at: https://iowadot.gov/local systems/publications/im/lpa ims. The Recipient shall follow the applicable procedures and guidelines contained in the I.M.s in effect at the time project activities are conducted. b. In accordance with Iowa Code Chapter 216 and associated subsequent nondiscrimination laws and regulations, 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. c. The Recipient shall comply with the requirements of Title II 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. 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 acceptance process, plan and construction reviews, and funding participation. e. 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 allow the 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 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, funds cannot be obligated. b. Before beginning any work for which funding reimbursement will be requested, the Recipient shall submit a written request for acceptance to the Department. The Department will notify the Recipient when acceptance is granted. The cost of work performed prior to acceptance will not be reimbursed. The turning in of plans for letting by the Department's administering bureau shall be considered acceptance for construction. The Department will notify the Recipient when acceptance is granted. 3. Design and Consultant Services a. The Recipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). 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. EXHIBIT 1 Page 2 4, Environmental Requirements and other Agreements or Permits. a. 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 applicable procedures in the Instructional Memorandums to Local Public Agencies Table of Contents, Chapter 4 — Environmental Regulations. 5. Right -of -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.M. 3.600, Right - of -Way Acquisition, and the Department's Right of Way Bureau Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures. b. 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. c. The Recipient shall obtain agreements from utility companies as needed. The Recipient shall comply with the "Policy for Accommodating Utilities on the County and City a Non -Primary Federal -aid Road System" 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 Department's "Policy for Accommodating and Adjustment of Utilities on the Primary Road System" The Recipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. 6. Contract Procurement. a. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: b. 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. c. 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 acceptance in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, 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. 5.030, 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. Note: The Department may not be able to allow a project to be let in the scheduled letting due to possible issues with cash flow availability. d. The Recipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 5.050, Project Development Certification Instructions. The project will not be turned in for bid letting until the Department has reviewed and accepted 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 that the Department has concurred in the contract award. EXHIBIT 1 Page 3 7. Construction. a. The Recipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. The Recipient's engineer shall at all times be responsible for inspection of the project. b. A full-time employee of the Recipient shall serve as the person in responsible charge of the 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. c. 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. Proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as needed. d. 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: htti)s://www.iowadot.gov/erl/index.html. 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. 8. Reimbursements. a. The Recipient will be initially responsible for all project costs. 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 semi-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 total funds available for the project. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final review or audit selected by the Administering Bureau, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final review is complete and after the Recipient has provided all required paperwork, the Department will release the 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 funds received; for example, Federal funds not received through FHWA, 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 do exceed the total project costs, the Recipient shall either: 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 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. EXHIBIT 1 Page 4 9. Project Close-out. a. Acceptance of the completed construction shall be with the concurrence of the Department. Within 30 days of completion of construction or other activities authorized by this agreement, the Recipient shall provide written notification to the Department. The Recipient shall follow and request a final review, in accordance with the procedures in 1. M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid, Federal -aid Swap, and Farm -to -Market Projects. Failure to comply with the procedures may result in loss of funds and the ability to let future projects through the Department; reimbursed funds shall be returned and a possible suspension may be placed on the Recipient from receiving funds from the Department on future projects until the Recipient has demonstrated responsible management of funds on roadway projects. b. For construction projects, the Recipient shall provide a certification by a professional engineer, architect, or landscape 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 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 this documentation available at all reasonable times for review by the Department. Copies of this documentation shall be furnished by the Recipient if requested. Such documentation shall be retained for at least 3 years from the date of the Department's signature of the Department's Final Payment Form (Form 830436) or the bottom part of the Certificate of Completion and Final Acceptance of Agreement Work (Form 640003). e. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department. Item Number: 6.v. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Snyder and Associates, Inc. to provide engineering consultant services for the Rochester Avenue Reconstruction Project. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $560,000 for engineering services will be funded through account #S3950 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Agreement Resolution Executive Summary: This agenda item approves the consultant agreement with Snyder and Associates, Inc. of Iowa City, Iowa, for the services related to the Rochester Avenue Reconstruction Project. Consultant services generally include preliminary and final design for complete reconstruction of Rochester Avenue between First Avenue and the bridge over Ralston Creek. Additionally, the consultant will administer public information meetings, prepare acquisition plats as needed for property acquisitions, facilitate coordination with stakeholders along the corridor, and review construction submittals. Background /Analysis: Rochester Avenue serves as an important arterial within the City of Iowa City. The street pavement along Rochester Avenue from First Avenue to the bridge over Ralston Creek has deteriorated in condition and requires frequent maintenance. The project will include complete reconstruction of Rochester Avenue between First Avenue and the bridge over Ralston Creek. Additionally, the project will include improvements to the sidewalk, ADA curb ramps, storm sewer, sanitary sewer, other utilities as needed, signage, landscaping, and other associated work. Total budget for the Rochester Avenue Reconstruction Project is $6,400,000. Project Timeline: 2019 - Survey and functional design 2020 — Preliminary design, final design, and property acquisitions 2021 - Construction ATTACHMENTS: Description Location Map Resolution Agreement Rochester Ave Reconstruction - N First Ave to Ralson Creek A 1 � �1•' 1 � w ,,,t ,� „a , L i r �`,��'� � �W ^ xys�' �• r � gyp; a , a EWWI,�I i FI a Air y 01 f � '� .r'r "�`�, ti � ",,� ,:. a 1 ) '��f' .-+�i�,` �k .t�` � • � �1� y � � ,� ' � � _� i � .ale I r1i OIL " SFR K vn b I�I 'r �� _ �;a a r.�--' a� � ,. � _ .`.^''�-,F.yi •'�v� =' ,,� b4 r � 'i� � 1 C � I! t '! pp f 41 A Ali Rochester Ave I 4Y f � i 7 „ .IFI �.� ,�� F � F ..� i �• sib, � .",, �4 .,�. J T yy I , k f a S� _yI 4I Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 3565044 Resolution No. 19-210 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Snyder and Associates, Inc. to provide engineering consultant services for the Rochester Avenue Reconstruction Project Whereas, Rochester Avenue serves is an important arterial within the City of Iowa City; and Whereas, the street pavement along Rochester Avenue from First Avenue to the bridge over Ralston Creek requires frequent maintenance and has reached the end of its useful life; and Whereas, the City of Iowa City desires the services of a consulting firm to prepare final plans and specifications for the complete reconstruction of Rochester Avenue between First Avenue and Ralston Creek; and Whereas; the City has issued a Request for Proposals for consultant services for the Rochester Avenue Reconstruction Project; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Snyder and Associates, Inc. to provide final plans and specifications, and to provide limited construction phase administration for the Rochester Avenue Reconstruction Project; and Whereas, it is in the public interest to enter into said Consultant Agreement with Snyder and Associates, Inc.; and Whereas, funds for this project are available in the Rochester Avenue Reconstruction — First Avenue to Ralston Creek account # S3950. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant 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 Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Passed and approved this 6th day of August 2019 MWor rov 17— Attest: 7-3► -15 City Jerk City Attorney's Office Resolution No. 19-210 Page 2 It was moved by roi a and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: x Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Consultant Agreement This Agreement, made and entered into this 6th day of August , 2019 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Snyder & Associates. Inc. , of 320 E Prentiss Street, Iowa City, IA 52246 hereinafter referred to as the Consultant. WHEREAS, the pavement on Rochester Avenue from Montrose Avenue to 15' Avenue is in need of replacement; the associated pedestrian ways including sidewalks, ramps and trails shall be ADA accessibility compliant; the sanitary sewer and portions of the water main within the corridor has been identified for replacement; and WHEREAS, the City desires to secure the services of a consultant to provide engineering services related to the Rochester Avenue Improvements; and WHEREAS, the City issued to qualified consultants a request for proposals to provide engineering services for the aforementioned project; and WHEREAS, through the proposal process, Snyder and Associates, Inc. displayed the highest level of project understanding and depth of knowledge/experience on the associated infrastructure improvements on Rochester Avenue; 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. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. TASK A— CONTRACT MANAGEMENT 1.0 Project Administration 1.1 Monitoring Project Schedule The Consultant shall prepare and submit monthly email updates (1 -page), outlining the following: activities during the reporting period, activities planned for the following month, problems encountered and recommended solutions, and overall project status. If design work is not progressing in a manner to comply with the anticipated completion date, the Consultant shall provide a brief summary of the actions to be taken to reduce or eliminate any delays in completing the design in accordance with the agreed upon schedule. The monthly update shall include a list of requested information from the City with a desired response date noted to avoid delay of the Consultant's services. 1.2 Monitoring Project Scope This includes task identification, scheduling, task assignment, relating all tasks to the others, and coordination with other members of the project team. The Consultant shall inform the City of any services required which may not be included in the scope of the design services contract approved by the City for this Project. It will be the responsibility of -2 - the Consultant to make the City aware of any potential amendments to the contract before the services are rendered. This notice must occur prior to any extra services being performed. Only those services approved by the City are eligible for compensation. 1.3 Project Review Meetings The Consultant shall meet with the City or its designated representative to review progress and to discuss specific elements of the project design. The meetings will also serve to establish schedules, develop project goals, establish design parameters, promote a dialog between the various entities, improve the decision-making process, and expedite design development. The consultant shall keep documentation of all communications. The following project review meetings are included with the scope of work: Functional Design 2. Preliminary Design ( 30% level) 3. Intermediate Design (60% level) 4. Check Design (90% level) 1.4 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. 1.5 Invoice Processing and Review Create, process, and review invoices to ensure they meet City standards and all necessary information is included. Coordinate with City staff as necessary and answer any questions. Verify percent work complete on project is in line with percent billed. Includes other standard of practice general project administration necessary to complete the project. 2.0 Communication Plan The Consultant will assist the City in communicating the design intent to the public. This assistance will include writing public notices (distributed by the City), one-on-one meetings and public meetings. 2.1 Property Owner Coordination — Public Notices The following Public Notices are anticipated as part of this project: A. Open House Invitation letters B. Post Open House letters C. Incidental letters (tree removals, retaining walls, driveway impacts, project schedule update) The City will provide templates for all letters to the Consultant and will mail all letters. Property Owners will be encouraged to respond directly to the City with comments and concerns. The Consultant shall assist in tracking public comments and incorporate suggestions into the project, as appropriate. -3- 2.2 Property Owner Coordination — Public Meetings Basic Public Meeting Services The Consultant will attend three (3) public informational meetings. The purpose of the meetings will be to provide a brief overview of the proposed improvements to the surrounding property owners/businesses, and stakeholders, and a discussion of the improvement plan, as well as gather information on the concerns, priorities and specific issues of the adjacent property owners and other affected parties. For each of the three (3) public informational meetings the Consultant shall provide the following services: A. Participation in one (1) pre -planning meeting approximately one week prior to each public meeting. B. Preparation of a Power Point presentation for the public meetings. C. Preparation of 2-3 strip maps and other necessary exhibits to illustrate the project intent to the general public. D. Preparation of a Project Fact Sheet. E. Attendance at and participation in presentation at meeting. 2.3 One -on -One Meetings Consultant recognizes that several stakeholders will be involved in this project. Consultant will reach out to these stakeholders to identify and address their concerns, as well as encourage participation in open house events. Due to the nature of the project, which includes, but is not limited to, impacts to trees, shrubs, driveways, retaining walls and landscaping elements, on both private and public land; it is likely there will be a need to meet one-on-one with some of the affected parties outside of the public open houses. On - Site meetings, phone, email, or a combination of the above will be conducted. The Consultant shall contact and meet with the various businesses, property owners, and stakeholders along the corridor that may be affected by the project. We anticipate this list of stakeholders to include, but not be limited to: For budgeting purposes, one 1 -hr meeting with fifteen (15) property owners is included. In the event that the City requests the Consultant to participate in one-on-one meetings that exceed the budget set aside for this task, the Consultant will submit a contract amendment authorizing participation in additional meetings. 2.4 Utility Coordination Consultant will facilitate up to two joint utility coordination meetings with impacted utility providers in the corridor. Consultant will provide current plans to providers to elicit coordination effort needs and to aid in establishing relocation schedules as needed. One individual meeting with each utility provider is also included. TASK B —FIELD INVESTIGATIONS 9.0 Design Surveys The Consultant shall perform field and office tasks required to collect topographic information deemed necessary to complete the project. The City shall provide aerial photographic and other available mapping, including utilities, of the Project area. The specific survey tasks to be performed include the following: 1.1 Control Surveys The Consultant will establish horizontal and vertical control for the Project area. Each permanent control point or benchmark shall have horizontal coordinates or elevation, and shall provide monument tie notes including monument descriptions. Accurate descriptions of the horizontal control points and benchmarks will be created and recorded on the plan sheets. Horizontal control shall be in state -plane coordinates and vertical control per USGS datum. Consultant shall provide sufficient control for construction. If it is determined by the City that control is insufficient, the Consultant shall add control points. 1.2 Topographic Survey The Consultant will perform topographic surveys required for the development of the project. Topographic surveys are anticipated to require detailed elevation information for proper construction installation, including, but not limited to: 1. Full width of the Public right-of-way 2. Private properties as determined by the consultant 3. Driveway elevations where rehabilitation presents elevation concerns 4. Gutter and/or roadway profiles as necessary for drainage concerns or ultimate roadway profile condition needs. 5. Sidewalk ramps and landings within the public right-of-way. 6. Fences, signs, buildings, retaining walls, etc. 7. Vegetation 4" diameter and larger B. Utility appurtenances likely to be impacted by the project 9. Sanitary and storm sewer above ground structures and invert elevations 1.3 Utility Surveys Public and private utility facilities will be identified through the Iowa One Call process. The Consultant shall perform utility surveys required for the development of the project. Establish coordinates and elevations (if possible) for utilities that fall within the limits of the project and are visible; including potholed locations. This task consists of field survey indicating the location of utilities within the existing right- of-way for the project. The Consultant shall field locate visible valves and utility access within the project limits to accurately account for adjustment and/or replacement. Underground utilities will be incorporated into the project through map requests to the utility companies and drawn into the design file. This work will be considered survey quality level "B", per CI/ASCE 38-02. Utilities include phone, gas, fiber optic, water main, overhead/underground electrical, sanitary sewer, storm sewer, and in -pavement traffic control equipment (including power poles, pedestals, valves and manholes). -5 - To minimize potholing needs (refer to 1.4), Consultant shall remove existing water main valve covers and measure from the surface to the valve stem to estimate water main depth. 1.4 Subsurface Utility Investigation The Consultant shall attempt to locate critical utility locations to quality level "A", per Cl/ASCE 38-02, depending on utility company cooperation. These may include connection points, crossings, or other critical locations. Consultant shall utilize an outside sub - consultant to obtain critical locations using hydro -excavating (potholing). Traffic control and survey will be required to facilitate this task. The Scope includes a budget of $20,000 for an outside consultant to conduct potholing at locations identified by the Consultant and/or the City to determine level "A" subsurface utility data. Consultant will pass through, at no markup, any sub -consultant fee for this service. 1.5 Right -of -Way Surveys, Plats and Exhibits The Consultant shall determine the location of existing Right -of -Way (ROW) and identify property owners adjacent to the project. This task consists of researching record documents at the City and County and locating existing monumentation (including, but not limited to, property pins, government corners, and other monuments) along the corridor. All found monuments shall be shown on the H sheets in contract drawings. The following lists estimated number of acquisition documents. Provide 2 signed copies of each. 1. Right-of-way (fee title; plat signed by an LS) —10 2. Permanent easement (plat signed by an LS) —15 3. Temporary easement (exhibit; no signature required) — 40 The Consultant shall provide plats and/or exhibits for each acquisition required. Plats showing individual right of way acquisitions shall comply with requirements of Iowa Code Section 354.4. Staking of proposed right-of-way and/or easements may be provided but are considered extra work. Utilize Iowa DOT -style symbols when preparing ROW and property boundary exhibits for use during design and easement acquisitions. In the event the plats and/or exhibits are found to be in error, these shall be rectified by the Consultant without expense to the City. The consultant shall give immediate attention to any changes so there will be a minimum of delay. 2.0 Outside Services 2.1 Pavement Cores Pavement depth will be determined at each location of geotechnical boring located within the area of pavement. 2.2 Soil Borings Consultant's Subconsultant shall perform soil drilling and provide the Consultant with field data and report. This includes performing nine (9) borings (7 borings to 10 feet M depth below pavement surfaces and 2 borings to 20 feet below grade within the planned retaining wall locations). Consultant's subconsultant shall perform laboratory testing on the samples to evaluate site conditions and develop engineering recommendations for the project. Based on the results of the geotechnical evaluation, the Consultant or Consultant's subconsultant will prepare an engineering report that details the results of the testing performed, provides logs of the borings, and a diagram of the site/boring layout. The report will include the following: • Computer generated boring logs with soil stratification based on visual soil classification. • Summarized laboratory data. • Groundwater levels observed during drilling and sampling. • Boring location plan. • Subsurface exploration procedures. • Existing pavement thicknesses, if boring obtained in roadway. • Encountered soils conditions. • Soil subgrade parameters for pavement design. • Pavement thickness recommendations (design traffic required). • Subgrade preparation/ earthwork recommendations. • Trench excavation considerations. A digital PDF copy of the geotechnical report will be provided to the City TASK C — FUNCTIONAL DESIGN 9.0 Develop Design Criteria and Research The Consultant shall prepare rehabilitation/reconstruction design criteria to be used in developing functional design plans and/or memo. Criteria will conform to City of Iowa City Engineering Design Standards and policies or other appropriate standards approved by the City. The criteria to be addressed shall include: 1. Existing conditions 2. Confirm Design Criteria (roadway classification, speeds, typical section, cross slope, curb radii, etc.) 3. Pavement rehabilitation/replacement method recommendation and section information 4. ADA sidewalk ramp compliance locations and needs 5. Potential surface and parkway drainage concerns 6. Utility structure deficiencies or impacts (manholes, intakes, valves, handholes, traffic signal equipment, etc.) 7. Analysis of storm water system to ensure the corridor meets the conditions listed in SUDAS including, but not limited to intakes, storm pipes and overland relief. Identify any upstream issues affecting the project corridor, and issues this project corridor may cause downstream (City to provide any information available to assist Consultant in -7 - evaluation) 8. Functional construction staging concept 9. Property owner impacts: access, parkway grading, impacted landscaping, trees, mailboxes, driveway concerns, etc. 10. Estimated number of trees for removal 11. Recommendations, including anticipated service life 12. Design Exceptions 13. Listing of Regulatory Permit Needs, if required (NPDES, DNR water, DNR sewer, etc.) TASK D — PLAN DESIGN DEVELOPMENT 1.0 Design Sheet Criteria The following Sheet Numbering System should generally be followed for this project. A.01 A.02 B.01 C.01 C.02 C.03 Title Sheet Legend(s), design info (speed, ADT, classification, etc.), design exceptions to B.X Typical -sections and Pavement -related Details Utility Contacts, General Utility Notes, General Notes C.04 to C.X C.X to C.X C.X to C.X D -Sheets E -Sheets G -Sheets H -Sheets J -Sheets K -Sheets L -Sheets M -Sheets N -Sheets P -Sheets S -Sheets U -Sheets V -Sheets Construction Survey Special Requirements, Property Owner Access Notes, Tabulations related to property access and impacts from survey, Water Notes (if required) List of Standard Details (Iowa City, SUDAS and/or Iowa DOT, as applicable) Quantities, Estimate Reference Information (for every pay item); Tabulations Erosion Control Notes and SWPPP Removals Mainline Plan and Profile Side Street Plan and Profile Survey Information Right of Way, Found Monuments and Easement Information (utilize Iowa DOT -style symbols) Traffic Control and Staging Notes and Plans Intersection Details Pavement Jointing Plans Storm Sewer, Sanitary and Water Main Plan and Profile Sheets Traffic Signal Plans (includes tabulations and related details) Pavement Marking and Signage Plans Sidewalk and ADA Curb Ramps (includes compliance tables) Special Details (unique to project and/or revised standard details; includes landscaping plans or tree details if applicable) Bridge and Culvert Situation Plans (includes structural drawings and details) W -Sheets Mainline Cross Sections X -Sheets Side Street Cross Sections IQ 2.0 Preliminary Plans (30%) 2.1 Preliminary Plan Preparation After approval from the City of the Functional Design developed under Task C, the Consultant shall proceed with the development of Preliminary Design Plans for the project lettings. Upon completion, the design plans will be approximately 30% complete. The submittal of Preliminary Plans shall be completed on or before the date schedule as outlined in Section 11— Time of Completion. The following specific design items are to be included in the Preliminary Plans 1. Pavement reconstruction/rehabilitation limits and profile 2. Layout of sidewalk, including ADA compliant sidewalk ramps 3. Storm sewer system 4. Water main alignment 5. Sanitary sewer system, including replacement of sanitary sewer services 6. Preliminary Acquisitions Preliminary Plans shall be completed to provide the City the level of detail necessary to evaluate and budget for ultimate project improvement goals including pavement reconstruction/rehabilitation, ADA sidewalk ramp compliance, and an initial understanding of property owner impacts. 2.2 Preliminary Opinion of Probable Construction Cost Prepare a preliminary opinion of probable construction cost for the project. Preliminary cost estimates shall be based on representative major project elements and based on recent bid information. Detailed quantity takeoffs will not be developed for the preliminary cost estimate. 2.3 Quality Control - Plan Set Involve ongoing quality control input from the Project Team and the design engineer's senior technical staff throughout the development of preliminary plans and documents for each project segment. The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the preliminary plan set to the Project Team. 2.4 Field Exam A Field Exam will be held with the Project Development Team to discuss key issues and design concepts, with the main emphasis focused on project extents (roadway and utilities) access control and preliminary evaluation of potential property impacts. Revisions will be noted for preparation of the intermediate design. 2.5 Deliverables 1. Electronic set of 30% plans 2. Cover sheet with designer initials and reviewer initials after completion of Quality Control 3. Electronic copy of City functional design comments and how each comment was addressed 4. Cost Opinion 3.0 Intermediate Plans (60%) After approval from the City of the Preliminary Plans developed under Task D.2.0, the Consultant shall proceed with the development of Intermediate Plans. Upon completion, the design plans will be approximately 60% complete. It is assumed that no geometric revisions to the roadway design will occur after the start of the development of the Intermediate Plans. The submittal of Intermediate Plans shall be completed on or before the schedule as outlined in Section II - Time of Completion. Intermediate Level Plans shall be completed to provide the City the detail necessary to evaluate and budget for ultimate project improvement goals including pavement rehabilitation/reconstruction, ADA sidewalk ramp compliance, utility improvements and/or replacement, an understanding of property impacts and preliminary construction staging plans. 3.1 Incorporate Comments from Preliminary Plan Review and Field Exam The Consultant will respond to comments resulting from City Plan Review and Field Exam. Recommended modifications will be incorporated into the plan set. 3.2 Intermediate Plan Preparation The Consultant will prepare Intermediate plans for the project. This item consists of the intermediate design and drafting of miscellaneous details not included in the other items. Included are such items as special storm sewer or manhole details not included in the standard drawings, special paving details and other required details. Drainage report shall also be provided. Scope also include coordination with 3'' party consultant to include a plan sheet for PRV station designed by others. 3.3 Preparation of Special Provisions The Consultant will prepare special provisions for the project for any additions and/or revisions to the standard City specifications. 3.4 Opinion of Probable Construction Cost The Consultant shall prepare an opinion of probable construction cost for the project. The cost estimate shall be based on representative major project elements and recent bid information. The Consultant shall budget and review bid items and quantities for each City CIP number associated with the project. 3.5 Quality Control Review Involve ongoing quality control input from the Project Team and the Consultant's senior technical staff throughout the development of intermediate plans and documents for each project segment including roadway and traffic phasing. The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the intermediate plan set to the Project Team. Review the intermediate plan set for technical accuracy, as well as for general constructability and conformance with the project design criteria. -10- 3.6 Deliverables 1. Electronic set of 60% plans 2. Drainage report 3. Cover sheet with designer initials and reviewer initials after completion of Quality Control 4. Electronic copy of City addressed 5. Cost Opinion 6. Special Provisions 7. Acquisition Documents 4.0 Check Plans (90%) 30% design comments and how each comment was After written authorization of approval from the City of the Intermediate Plans developed under Task D.3.0, the Consultant shall proceed with the development of Check Plans. Upon completion, the design plans will be approximately 90% complete. It is assumed that no geometric revisions to the roadway design will occur after the start of the development of the check plans. The submittal of Check Plans shall be completed on or before the schedule as outlined in Attachment B. Check Level Plans shall be completed in preparation of the letting. Scope also includes coordination with 31d party consultant to include a plan sheet for PRV station designed by others. 4.1 Incorporate Comments from Intermediate Plan Review The Consultant will respond to comments resulting from City plan review. Recommended modifications will be incorporated into the plan set. 4.2 Update of Special Provisions The Consultant will update special provisions for the project resulting from City review. 4.3 Opinion of Probable Construction Cost The Consultant shall prepare an opinion of probable construction cost for the projects. The cost estimates shall be based on representative major project elements and recent bid information. The Consultant shall budget and review bid items and quantities for each City CIP number associated with the project. 4.4 Project Manual Preparation The Consultant shall prepare a draft project manual for review. 4.5 Quality Control Review Involve ongoing quality control input from the Project Team and the Consultant's senior technical staff throughout the development of preliminary plans and documents for each project segment including roadway and traffic phasing. The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the check plan set to the Project Team. Review the check plan set for technical accuracy, as well as for general constructability and conformance with the project design criteria. -11- 4.6 Deliverables 1. Electronic set of 90% plans 2. Cover sheet with designer initials and reviewer initials after completion of Quality Control 3. Electronic copy of City 60% design comments and how each comment was addressed 4. Cost Opinion 5. Special Provisions 6. Unit Price Bid Items, in Excel format 7. Notice of Intent and Public Notice for NPDES permit 5.0 Final Plans (100%) After approval from the City of the Check Plans developed under Task D.4.0, the Consultant shall proceed with the development of Final Plans for the project. Upon completion, the design plans will be 100% complete. The submittal of final plans shall be completed on or before the schedule as outlined in Attachment B. 5.1 Incorporate Comments from Check Plan Review The Consultant will respond to comments resulting from the Check Plan Review. Recommended modifications will be incorporated into the final plan set. 5.2 Opinion of Probable Construction Cost Prepare opinion of probable construction cost for the project. Final cost opinion shall include all project elements. Quantity takeoffs will be developed for the final cost estimate. Published cost opinion should be rounded to the nearest $10,000. 5.3 Preparation of Project Manual Under this task, the Consultant will prepare a project manual specific to the construction requirements for the project. The project manual will include front-end documents, supplementary conditions, and special provisions as required by the City of Iowa City. TASK E - Assessments 1.0 Assessment Services The Consultant is prepared to assist with Assessment Services but none are included in this contract. TASK F - Lettinu Services 1.0 Letting Services The work tasks to be performed or coordinated by the Consultant during the Bid Period -12 - Services are based on the bid lettings for one project and shall include the following: 1.1 Deliverables Hard Copies: 1. 1 (one) print -ready Project Manual with the Cover and Certifications sealed only by Consultant — not signed or dated 2. 1 (one) print -ready Plan Set with cover sheet sealed only by consultant — not signed or dated 3. 6 (six) Project Manual Covers and Certification originally signed, sealed and dated by Consultant 4. 6 (six) Plan Set cover sheets originally signed, sealed and dated by Consultant's Design Engineer and Professional Land Surveyor 5. Completed permits and/or applications for water, sanitary sewer and NPDES. Electronic Copies (uploaded to ftp site) 1. Complete Project Manual in pdf format 2. Complete Plan Set in pdf format 3. Notice to Bidders in Word format 4. Notice of Public Hearing in Word format 5. Unit Price Bids, in Excel format 6. Unit Price Work, in Excel format 7. Plan quantity tabulations, in Excel format 1.2 Plan Clarification and Addenda The bid lettings shall be administered by the City of Iowa City. The Consultant shall assist the City during the bid periods in answering questions regarding the design intent. The Consultant shall address questions presented by the City and prepare addendum for distribution by the City. 1.3 Recommendation of Award The Consultant shall review the bids for each project following the public openings and provide the City with recommendations of award regarding the construction contracts. This task includes preparation of the Breakdown by Funding Source and Recommendation to Award in Excel format. rwcv /�—!`..nc4rnr4inn PhasP 1.0 Construction Phase The work tasks to be performed by the Consultant during construction include the following: 1.1 Pre -Construction Meeting The Consultant shall attend a pre -construction meeting scheduled and coordinated by the City. -13- 1.3 Plan Interpretation during Construction The Consultant will be available to discuss the project design with the City's project manager and the Contractor during the construction phase, at the City's request. Inquiries during the construction period relating to design Standard of Care items will be addressed by the Consultant under this contract. It is understood the City will provide on-going construction observation and administration services during the construction period and will inquire with the Consultant on an as -needed basis. Consultant will review project submittals. Inquiries concerning items outside this scope (i.e. unforeseen underground conditions/facilities, constructability, etc.) will require a contract amendment for Consultant services signed by both parties. The design Standard of Care items are defined as services performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same professional discipline currently practicing under similar circumstances at the same time and in the same or similar locality. 1.4 Site Visits The Consultant shall perform five (5) site visits during construction to review construction progress and general conformance to the plans and specifications. Site visits shall be initiated by the City for specific construction related items. 1.5 Reestablishment of Monuments After completion of construction, and at the direction of the City, the Consultant shall perform field survey as required to verify which monuments found during the original survey were disturbed or removed during construction. All disturbed or missing monuments shall be reset at their original location and a Monumentation Preservation Certificate in accordance with Iowa Code Section 355.6A shall be prepared and filed with the Johnson County Recorder. All costs associated with this item are additional services and will be coordinated with the City prior to completing the work. The fee for this service varies by the number of monuments reestablished. II. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Proposed Schedule Milewfnne I Task Completion Kick-off Meeting Research existing information Aug -19 Aug -19 Work Plan Preparation Aug -19 Field Investigations Sep -19 Draft Functional Design & Public or Stakeholder Meeting Oct -19 Finalize Functional Design Nov -19 -14- 30% Plan Preparation, City Review & Comment Dec -19 Utility Coordination Meeting Jan -20 60% Plan Preparation, City Review & Comment Mar -20 Public Meeting and Individual Property Meetings Apr -20 Acquisition Documents to City May -20 90% Plan Preparation, City Review & Comment Sep -20 Public Meeting and Individual Property Meetings Oct -20 City Completes Acquisitions Dec -20 100% Plans and Contract Documents Jan -21 Bid Letting (Local Letting) Feb -21 Start Construction Apr -21 Limited Construction Period Services 111. Compensation for Services The total hourly, not -to -exceed fee for all services and expenses under this Agreement is $560,000. The associated task estimates are included below. The individual task fee amounts may be more or less than that listed but the total fee will not be exceeded except by supplemental agreement. Milestonq I TaskComple,' TaskA - Contract Management APprox Fee $70,000 $97,000 Task B — Field Investigations Task C - Functional Design $25,000 Task D - Plan Design Development $328,000 Task F - Letting Services $10,000 Task G - Construction Phase $30,000 Total Not -to -Exceed Fee $560,000 IV. 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. -15- 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 "lump sum" amount listed in Section III. 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 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 state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. 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. -16- N. Upon signing this Agreement, Consultant acknowledges 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. Indemnification. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives -17 - notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. Consultants obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. 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. NEM For the City By: Title: Mayor Date: August 6, 2019 Attest: For the reonsultant By: Title: Business Unit Leader Date: 7-24-2019 Approved by: J City Attomeys Office -7-0 - 15 Date Item Number: 6.w. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and McClure Engineering Company to provide engineering consultant services for the Benton Street Rehabilitation Project. Prepared By: Jason Reichart, Senior Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Ashley Monroe, Assistant City Manager Fiscal Impact: $201,050.00, from the Benton Street Rehabilitation Project account #S3947 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: This agreement authorizes McClure Engineering Company to provide engineering consultant services for the Benton Street Rehabilitation Project. The goal of this project is to improve the pavement condition of Benton Street by repairing existing pavement deficiencies and increasing surface smoothness with an asphalt overlay. Background /Analysis: The length of the project corridor extends along Benton Street from Mormon Trek Boulevard to 150' east of Benton Drive, which is approximately 6,550 feet. The pavement in this area is a 33 - foot Portland Cement Concrete (PCC) roadway with approximately two 13 -foot travel lanes (one in each direction) and 3 -foot painted shoulders. The City has completed a diamond grinding project within this section of Benton Street to try and address rideability issues however the existing pavement is in poor condition, with joint deterioration becoming an increasing issue for much of the corridor. Sidewalk facilities exist along both sides of Benton Street, including curb ramps at most intersections but many of the curb ramps do not meet current ADA requirements. The City issued a Request for Proposals to provide professional engineering services for a number of projects, including the Benton Street Rehabilitation Project. McClure Engineering Company was selected based on their experience on projects of similar type and size. The Benton Street Rehabilitation Project includes a crack and seat of the existing pavement with a hot mix asphalt (HMA) overlay, ADA sidewalk improvements, and traffic and pedestrian signal modifications along the project corridor, as well as water main improvements from George Street to Greenwood Drive. The total budget for the Benton Street Rehabilitation Project is $2,810,000. ATTACHMENTS: Description Resolution Agreement l Lo Prepared by: Jason Reichert, Public Works. 410 E. Washington St., Iowa City, IA 52240; (319)356-5416 Resolution No. 19-211 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and McClure Engineering Company to provide engineering consultant services for the Benton Street Rehabilitation Project Whereas, the City of Iowa City desires to improve the pavement condition of Benton Street by repairing the existing pavement deficiencies and increasing surface smoothness with an asphalt overlay; and Whereas, the Benton Street Rehabilitation Project includes a crack and seat of the existing pavement with a hot mix asphalt (HMA) overlay, ADA sidewalk improvements, and traffic and pedestrian signal modifications from 150 feet east of Mormon Trek Boulevard to Benton Drive, and water main construction from George Street to Greenwood Drive; and Whereas, the City of Iowa City desires the services of a consulting firm to prepare preliminary and final design for construction of the Benton Street Rehabilitation Project; and Whereas; the City has issued a Request for Proposals for consultant services for the Benton Street Rehabilitation Project; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with McClure Engineering Company to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with McClure Engineering Company; and Whereas, funds for this project are available in the Benton Street Rehabilitation Project account #53947. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant 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 Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Passed and approved this 6th day of August '2019 Mayor aAo rove n Attest: it City Clerk City Attorney's Office Resolution No. 19-211 Page 2 It was moved by Cni a and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Consultant Agreement This Agreement, made and entered into this 6th day of August, 2019 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and McClure Engineering Company, of North Liberty, Iowa, hereinafter referred to as the Consultant. Whereas, the City desires to improve the pavement condition of Benton Street from 150 feet east of Benton Drive to Mormon Trek Boulevard; and Whereas, the City has completed a diamond grinding project within this section to address rideability issues; however, the existing pavement is in poor condition, with joint deterioration becoming an increasing issue for much of the corridor; and Whereas, the Benton Street Rehabilitation Project includes a crack and seat of existing pavement with a hot mix asphalt (HMA) overlay, ADA sidewalk improvements, and traffic and pedestrian signal modifications along the corridor, as well as water main improvements for George Street to Greenwood Drive; and Whereas, the City issued a Request for Proposals to provide to provide professional engineering services for a number of projects, including the Benton Street Rehabilitation Project; and Whereas, the City selected McClure Engineering Company based on their experience on projects of similar type and size; 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 I. Scope Of Services Consultant agrees to perform the services described in Attachment A, attached and incorporated herein, for the City, and to do so in a timely and satisfactory manner. 11. Time Of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The schedule of work to be performed shall conform to the schedule set forth in Attachment B, attached and incorporated herein. -2 - Ill. 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 "lump sum" 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 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 state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. 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. J. 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 -3 - 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 acknowledges 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. Indemnification. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. -4- P. Insurance The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care. 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. 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. -5 - IV. Compensation For Services In consideration of the services, work, equipment, supplies, or materials provided herein, the City agrees to pay the Consultant the following Hourly Not -To -Exceed Fee, including design contingency, and any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment C, attached and incorporated herein. A summary by -task and total of the fees is shown below. Rehabilitation of Benton Street with Crack and Seat and HMA Overlay 1. Project Management $ 8,400.00 2. Data Acquisition, Preliminary Design, and Acquisition Plats' $ 83,600.00 3. Final Design $ 92,250.00 4. Letting and Construction $16,800.00 Total Not to Exceed $201,050.00 `Assumed 10 Permanent Easements and 10 Temporary Easements Consultant shall bill City monthly for services and reimbursable expenses. For The City [-or I ne consu ant By: / / By: Title: Mayor Title: Project Manaaer Date: August 6, 2019 Attest: Approved by: Cj City Attorney's Office Date McClure Engineering Co. MEC# 190001 Attachment "A"- Scope Of Services Benton Street Rehabilitation Benton Street Rehabilitation From 150 feet East of Benton Drive to Mormon Trek Boulevard Iowa City, Iowa Iowa City, Iowa The work to be performed by the Consultant under this agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to complete the roadway improvement plans for the project. The Project includes the rehabilitation of Benton Street from 150 feet east of Benton Drive to Mormon Trek Boulevard. The rehabilitation methods will be crack and seat of the existing pavement with an HMA overlay. The project includes upgrades to curb ramps and traffic signals to meet ADA requirements and reconstruction of water main along Benton Street from George Street to Greenwood Drive. The Design Services to be provided with this contract include full design of the roadway including roadway corridor redesign, ADA compliance improvements at curb ramps, traffic signal modifications, water main design and general plan preparation. The total length of the final design plans is approximately 6,550 LF. The scope of services to be performed by the Consultant shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following tasks: Project Management 1.01. Kick-off Meeting and Field Review with Owner During this meeting the Consultant will review and complete the Team Charter to identify Project Development Team members and responsibilities. The Consultant will also ask a series of pre -developed questions known as a Design Decisions Review. These questions relate to typical issues that appear on these types of projects and prevent unnecessary rework later. The Consultant will develop and submit to the City design criteria to be used in the developing the improvements. Criteria will conform to the Iowa Department of Transportation (DOT) Design Manual and will be in English units. The criteria to be addressed include: Functional classification and design type Design speed and Regulatory speed • Design vehicles for intersection design • Widths of travel lanes, parking areas and right-of-way • Horizontal clearance • Provisions for pedestrians and/or bicycles • Utility corridor locations The Consultant will prepare a brief technical memorandum documenting the proposed criteria. The memorandum will be reviewed, revised, and approved by the City of Iowa City prior to proceeding with subsequent tasks. S:\ENG\REICHART\Benton Street Rehabilitation\Consultant Agreement\Final\Benton Street Agreement- Page 1 Attachments 7-31-2019 - 3.docx McClure Engineering Co. MEC# 190001 Benton Street Rehabilitation Iowa City, Iowa 1.02. Periodic Client Meetings Maintain communications with the Project Development Team and various other designated representatives. The project development team will include the City of Iowa City Engineering Department and McClure Engineering Co. Meet to review progress and to discuss specific elements of the project design (anticipated meetings include Kickoff Meeting, Plan and Right- of-way meeting, Design Review Meeting with Utility Companies, and additional meetings as required to obtain approval of City of Iowa City Project Manager. The meetings will also serve to promote a dialog between the various entities, improve the decision-making process, and expedite design development. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, it is assumed that the meetings will be attended by one (1 or 2) staff members of the Consultant. 1.03. Utility Coordination Meetings The Consultant will conduct meetings with individual utility companies to address specific conflicts. It is anticipated that there will be two (2) meetings per each utility with representatives of the various utility companies. The first will be to advise of the nature and extent of the improvements and any potential conflicts with existing or proposed utility systems, and the second will be preliminary/final design review and coordination meetings. 1.04. Neighborhood and Property Owner Meetings The Consultant shall attend and develop overall corridor project presentation boards for (1) Presentation / Open House format Design meetings with the project neighborhood. Meeting to be held at an available public location near the project site for property owners. 1.05. Internal QAIQC Reviews Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. 1.06. Monthly Budget Tracking, Invoicing, and Reporting The project manager will be responsible for staff scheduling and coordination, project communications, monthly progress reporting and invoicing and other important elements of the project. The project design duration is assumed to be eleven (11) months to Final Plan Submittal to Iowa Department of Transportation. Deliverables: • Contract for Consulting Services • Team Charter • Design Criteria Memo • Meeting Minutes • Monthly Invoices • Monthly Progress Reports 2. Data Acquisition and Preliminary Design 2.01. Document Research This task includes a thorough search of CITY, County and State records to review all surveys of record pertaining to the survey / project corridor, including County Auditor's Subdivisions S:\ENG\REICHART\Benton Street Rehabilitation\Consultant Agreement\Final\Benton Street Agreement- Page 2 Attachments 7-31-2019 - 3.docx McClure Engineering Co. MEC# 190001 Benton Street Rehabilitation Iowa City, Iowa Plats, original government surveys, early surveys made by County Surveyors, all irregular land survey and road establishment records. Copies of such records are to be included in the project file for future reference. The City shall provide aerial photographic and other available mapping of the Project area. 2.02. Topographic Survey The Consultant shall perform field tasks required to collect full topographic survey within the project corridor and proposed drainage areas deemed necessary to complete the project. Larger drainage areas may be supplemented by LIDAR data. Control points will be established for use with construction staking. 2.03. Utility Survey The Consultant shall perform utility surveys. Contact utility owners of record or the "one call" representative, request that buried utilities be marked in the field and obtain existing utility maps. Establish coordinates and elevations (if possible) for utilities that fall within the limits of the project and are visible or have been marked on the ground by the utility owner. This task consists of a field survey indicating the location of utilities within the existing right-of- way for the project. The Consultant shall field locate utility locations established by others; excavating to expose buried utilities is not part of this contract. Utilities to be surveyed include phone, gas, fiber optic, water main, overhead/underground electrical, sanitary sewer and storm sewer (including power poles, pedestals, valves and manholes). This includes establishing manhole and intake elevations for existing sanitary sewers, storm sewers and culverts. 2.04. Right -of -Way Surveys The Consultant shall perform right-of-way surveys along both sides of the project corridor. The right-of-way surveys shall be in-depth legal surveys for which easement exhibits may be developed. This task also includes obtaining sufficient field data to locate or establish property lines affected by the project to enable the preparation of the improvement plans. This includes locating section corners, property pins, and visible lines of occupation such as fences, field divisions or any other lines, indicating possession. All property pins within the project corridor that are missing shall be documented. A diligent effort must be made to recover existing land corner monuments necessary to describe the right-of-way along the project corridor. The task includes incorporation of property lines, right-of-way lines, and ownership of properties affected by the project into the base mapping for the project. The base mapping will identify the owners and approximate boundaries of all appropriate parcels within the survey limits. Also included is resetting boundary or easement pins that are removed with the project, as well as monumentation of new boundary limits. S:\ENG\REICHART\Benton Street Rehabilitation\Consultant Agreement\Final\Benton Street Agreement- Page 3 Attachments 7-31-2019 - 3.docx McClure Engineering Co. MEC# 190001 Benton Street Rehabilitation Iowa City, Iowa 2.05. Horizontal and Vertical Alignment Task involves further development of the functional alignments within the project limits. 2.06. Corridor Model Task involves further development of the corridor model to improve site conditions. Surface and underground utility elements will be incorporated. 2.07. ADA Intersection Improvements Task involves redesigning sidewalk ramps to incorporate current PROWAG and Iowa DOT design standards for ADA compliance. If needed curb -return vertical profiles and finished grade elevations will be developed and refined under this task. 2.08. Traffic Signal Modifications Task involves evaluation of existing traffic signals and controls and modification plans to ensure traffic signals meet ADA requirements. 2.09. Utility Design (Water) Task includes design of the removal and replacement of the existing water main along Benton Street from George Street to Greenwood Drive. No projections, calculations, or modeling of flows are included, except by separate amendment to this contract. 2.10. Preliminary EOPC Prepare a preliminary opinion of probable construction cost for each block of intersection and a total anticipated project cost. Detailed quantity takeoffs will be developed for the preliminary cost estimate and a smaller contingency amount will be included. Determine method for bidding two (2) blocks as a whole, alternate items or separate bid packages. Deliverables: • Research Documents in PDF format • Topo, Utility, and Property Surveys in AutoCAD format • Preliminary EOPC • Four (4) sets of Preliminary Plans at 11 x 17 size using Iowa DOT plan standards • PDF S:\ENG\REICHART\Benton Street Rehabilitation\Consultant Agreement\Final\Benton Street Agreement- Page 4 Attachments 7-31-2019 - 3.docx McClure Engineering Co. MEC# 190001 Benton Street Rehabilitation Iowa City, Iowa 3. Final Design The Consultant will respond to comments resulting from the Preliminary Plan Review. Recommended modifications will be incorporated into the final plan set. 3.01. Final Plans Final modifications of the sheets as listed above. 3.02. Construction Easements and Exhibits The CONSULTANT shall prepare right of way, permanent easement and temporary easement plats, and legal descriptions for property rights to be acquired for the project. For estimating purposes, we have assumed a total of ten permanent easements and ten temporary easement plats. Plats will be billed at the following rates, per plat: • Right of Way Acquisition Plat $1800/plat • Permanent Easement Plat $1500/plat • Temporary Easement Plat $1200/plat The easements -plats, and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. This task also consists of staking the easement locations for purposes of right-of-way acquisition negotiations. The staking survey includes the marking of key easement location points in order to visualize the locations in the field and shall also include marking of existing property lines locations. For the purpose of this agreement, easements will be staked one (1) time. 3.03. Easement Exhibits Task includes final modifications of the easement exhibits after owner negotiations have commenced. 3.04. Bid Items and Quantities Task includes final determination of bid items and quantities for incorporation into the construction documents. 3.05. Specifications Task includes final development of Estimate Reference Information and/or special provisions for incorporation into the construction documents. 3.06. Contract Documents Task includes all documents necessary for an Iowa DOT bid letting. 3.07. Final Engineers opinion of Probable Cost Task includes final completion of engineer's opinion of probable construction cost breakdown for each block and for the total project. Detailed quantity takeoffs will be included and the contingency amount will be removed. S:\ENG\REICHART\Benton Street Rehabilitation\Consultant Agreement\Final\Benton Street Agreement- Page 5 Attachments 7-31-2019 - 3.docx McClure Engineering Co. MEC# 190001 Benton Street Rehabilitation Iowa City, Iowa 3.08. Permits The Consultant will assist the City in preparing applications for permits from governmental authorities that have jurisdiction to approve the design of the project and participate in consultations with such authorities, as necessary. The Consultant shall prepare the following documents for the project • NPDES General Permit #2 for storm water discharge • Iowa DNR Water Supply Construction Permits Any fees for construction permits, licenses or other costs associated with permits and approvals shall be the responsibility of the City. The Consultant shall provide technical criteria, written descriptions and design data for the City's use in filing the applications for permits. The Consultant shall prepare the permit applications and other documentation. Deliverables: • Right of Way Acquisition Plats • Preliminary Easement Exhibits • Final Easement Exhibits • Four (4) sets of Final Plans at 11 x 17 size using Iowa DOT plan standards • Finished grade surface in Civil 3D XML format (if requested) • One (1) electronic PDF format copy of all bid documents • Electronic design base files compatible with AutoCAD 2018 • As Built Drawings 4. Letting and Construction 4.01. Plan Clarification and Addenda The bid letting shall be administered by the Iowa DOT. The Consultant shall assist the Iowa DOT during the bid periods in answering questions regarding the design intent. The Consultant shall assist the Iowa DOT in preparing addenda as appropriate to interpret, clarify or expand the bidding documents. 4.02. Letting, Bid Tabs, and Award Recommendation The Consultant shall have a representative present when the bids and proposals are opened and shall advise the City on the responsiveness of the bidders. The Consultant shall prepare the tabulation of bids, and prepare the necessary contract documents for the project. The City will award the contract, 4.03. Preconstruction Meeting The Consultant shall attend a preconstruction meeting for the project with contractors, suppliers, utility companies and City staff. It is anticipated that the City will perform construction administration and observation services. 4.04. Contractor Questions During Construction The Consultant shall answer design interpretation questions from City's Project Manager and Contractors, including Technical Submittal Review and Request for Information. S:\ENG\REICHAR7\Benton Street Rehabilitation\Consultant Agreement\Final\Benton Street Agreement- Page 6 Attachments 7-31-2019 - 3.docx McClure Engineering Co. MEC# 190001 Benton Street Rehabilitation Iowa City, Iowa 4.05. Record Drawings This task consists of preparation of construction record drawings defining the actual location of improvements and fixtures. 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's Resident Construction Observer. Deliverables: • Contract Addenda, as required • Tabulation of Bids • Letter Recommending Award of Contract • One (1) reproducible copy of the record drawings in PDF format ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized in a written amendment to this agreement, the Consultant shall furnish or obtain from others the following services: 1. Geotechnical Investigation 2. Sanitary main, lateral and service design 3. Structural design 4. Traffic projections 5. Landscaping design 6. Right-of-way negotiation and acquisitions 7. Report of record ownership and liens (title searches) 8. Preparation of environmental evaluation and documentation 9. Eminent domain proceedings 10. Relocation assistance 11. Right-of-way closing/recording services 12. Condemnation services 13. Construction period services (administration, observation, and survey) 14. Construction testing services Any additional services or modifications to this Agreement shall be in writing and executed prior to commencement of any such additional services. S:\ENG\REICHART\Benton Street Rehabilitation\Consultant Agreement\Final\Benton Street Agreement- Page 7 Attachments 7-31-2019 - 3.docx McClure Engineering Co. MEC# 190001 Attachment "B" -Schedule Benton Street Rehabilitation Benton Street Rehabilitation From 150 feet East of Benton Drive to Mormon Trek Boulevard Iowa City, Iowa Iowa City, Iowa The Consultant shall complete the following phases of the Project in accordance with the schedule shown; assuming contract approval by the City Council on Aug. 6, 2019 and execution of the contract by city officials by Aug. 13, 2019. The project schedule meets the submittal dates for an Iowa DOT November 17, 2020 bid letting date. Phase/Milestone Approximate Completion Date Contract Approval August 6, 2019 Kickoff Meeting with City Staff August 13, 2019 Complete Field Survey August 30, 2019 Concept Statement Submittal to Iowa DOT November 12, 2019 Plan and ROW Review Meeting with City December 15, 2019 Design Review Meeting with Utility Companies December 22, 2019 ROW, Easement Plat Submittal to the City January 15, 2020 May 12, 2020 Preliminary Plans Submittal to Iowa DOT Check Plan Submittal to Iowa DOT July 7, 2020 ROW, Easement Acquisition Complete July 15, 2020 Final Plan Submittal to Iowa DOT August 18, 2020 Iowa DOT Bid Letting November 17, 2020 Construction April 2021— October 2021 Project Closeout Winter 2021 If notice to proceed is given at a later date, time of completion shall be extended accordingly. S:\ENG\REICHART\Benton Street Rehabilitation\Consultant Agreement\Final\Benton Street Agreement- Page 8 Attachments 7-31-2019 - 3.docx McClure Engineering Co. MEC# 190001 Benton Street Rehabilitation Iowa City, Iowa Attachment "C" -Standard Rates Benton Street Rehabilitation From 150 feet East of Benton Drive to Mormon Trek Boulevard Iowa City Iowa McClure Engineering Company Hourly Rate Schedule (Effective for duration of this contract) Personnel Hourly Rate Administrative........................................................................................................................... $70.00 ClientLiaison..........................................................................................................................$180.00 Engineer1...............................................................................................................................$110.00 EngineerII..............................................................................................................................$140.00 EngineerIII.............................................................................................................................$170.00 EngineerIV............................................................................................................................$210.00 ProjectManager I...................................................................................................................$170.00 ProjectManager II..................................................................................................................$195.00 ProjectCoordinator..................................................................................................................$90.00 PiI......................0...........0...................................$245.00 rncipa.......................................................... SeniorPrincipal......................................................................................................................$295.00 CommunityPlanner I..............................................................................................................$135.00 CommunityPlanner II.............................................................................................................$225.00 LandscapeArchitect I.............................................................................................................$100.00 LandscapeArchitect II............................................................................................................$130.00 EngineeringTech I...................................................................................................................$85.00 EngineeringTech II................................................................................................................$100.00 EngineeringTech III...............................................................................................................$120.00 EngineeringTech IV...............................................................................................................$150.00 LandSurveyor I......................................................................................................................$130.00 LandSurveyor II.....................................................................................................................$160.00 On -Site Representative I (OSR 1)...........................................................................................$105.00 On -Site Representative II (OSR 11).........................................................................................$145.00 CrewChief(CC).....................................................................................................................$120.00 CrewMember(CM).................................................................0....... 0........................................$90.00 Intern.......................................................................................................6..........................$70.00 SurveyCrew..........................................................................6.6..............................................$200.00 Equipment 3DScanner per Scan...............................................................................................................$30.00 UAVper Flight........................................................................................................................$125.00 SonarBoat.............................................................................................................................$125.00 Miscellaneous Expenses SurveyVehicle Mileage...................................................................................................... $0.70/Mile Automobile Mileage (at current IRS rate)......................................................................... $0.545/Mile % Printing........................................................................................................ At Cost + 10 Survey Supplies (Hubs, Lath, Paint, Nails, etc.)...................................................At Cost+ 10% Out -of -Pocket Expenses (Meals, Hotels, etc.) ................................................ At Cost+ 10% S:\ENG\REICHART\Benton Street Rehabilitation\Consultant Agreement\Final\Benton Street Agreement- Page 9 Attachments 7-31-2019 - 3.docx Item Number: 6.x. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution authorizing acceptance of STBG Funds from the Iowa Department of Transportation and authorizing the Mayor to sign the Project Agreement for the American Legion Road Improvements Project Prepared By: Scott Sovers, Assistant City Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost for this project is $9,022,000 available in the American Legion Rd -Scott Blvd to Taft Ave account #S3854 Recommendations: Staff: Approval Commission: N/A Attachments: Agreement Resolution Executive Summary: This agreement authorizes the City to accept Surface Transportation Block Grant Funding (STBG) from the Iowa Department of Transportation for the American Legion Road I mprovements Project. The project includes reconstructing American Legion Road (Scott Boulevard to Taft Avenue) from a rural to an urban roadway with sidewalks. The project also includes on street bike lanes, construction of a single lane roundabout at the American Legion Road and Scott Boulevard Intersection, a pedestrian underpass near the new Hoover School and new public utilities (storm sewer and water main). The Metropolitan Planning Organization (MPO) approved Transportation Improvement Program (TIP) FY 20-23 includes funding for the project in the amount of $3,608,000. The project is planned to be bid in early 2020 with construction following in 2020-2021. Background /Analysis: American Legion Road is currently a rural roadway (one -lane in either direction) with ditches. To support projected growth within the southeast quadrant of the City, the roadway and associated infrastructure needs upgrading to current minor arterial design standards. Identifying this future need, in 2014, the city prepared functional design plans forAmerican Legion Road to establish design parameters, identify preliminary right-of-way needs, review options for intersection improvements and to prepare an overall engineer's option of probable project costs. These documents will act as a baseline for the project as it progresses through preliminary and final design. ATTACHMENTS: Description Agreement Resolution October 2018 IOWA DEPARTMENT OF TRANSPORTATION Federal -aid Agreement for a Surface Transportation Block Grant Program Project Recipient: Iowa City Project No.: STP -U-3715(666)--70-52 Iowa DOT Agreement No.: 6-19-STBGU-016 CFDA No. and Title: 20.205 Highway Planning and Construction This is an agreement between the 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 Recipient has received Federal funding through the Surface Transportation Block Grant (STBG) Program. STGB 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, applicable statutes, and administrative rules, the Department agrees to provide STBG funding 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: 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 will be the Local Systems Project Development Engineer, Christy VanBuskirk, and the Eastern Region Local Systems Field Engineer, Kent L. Ellis. The Recipient's contact person shall be the City Engineer. 3. The Recipient shall be responsible for the development and completion of the following described STBG project: PCC Pavement - Grade and Replace, on American Legion Road, from Scott Boulevard east 1.1 Miles to Taft Avenue 4. 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. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from STBG funds. The portion of the project costs reimbursed by STBG funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated in the Johnson County Council of Governments current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. 6. The Recipient shall pay for all project costs not reimbursed with STBG funds. 7. If the project described in Section 3 drops out of the Johnson County Council of Governments current TIP or the approved current STIP prior to obligation of Federal funds, and the Recipient fails to reprogram the project in the appropriate TIP and STIP within 3 years, this agreement shall become null and void. 8. The Recipient shall let the project for bids through the Department. Page 2 9. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 10. It is the intent of both parties that no third party beneficiaries be created by this agreement. 11. This agreement and the attached Exhibit 1 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. By. Title of city official City Signature Block Date certify that I am the City Clerk of Iowa City, and 20 that , 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 day of Signed City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Administration By. Kent L. Ellis, P.E. Local Systems Field Engineer Eastern Region 20 Date 120 Date 20 Page 3 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: https://www.iowadot.gov/local_systems/ publications/im/lpa_ims.htm. The Recipient shall follow the 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 II 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 2 CFR 200.501 "Audit Requirements," a non -Federal entity expending $750,000 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. Auditee responsibilities are addressed in Subpart F of 2 CFR 200. 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 costs 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: i. 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. ii. The Recipient shall comply with the requirements of I.M. 5.010, DBE Guidelines. 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 Page 4 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 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 allow the 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. c. Upon receiving FHWA Authorization, the Recipient must show federal aid funding activity to receive the programmed amount authorized for the project. If there are no funding activity for nine or more months after the previous activity, the remaining unused programmed amount will be de -obligated from the project and there will be no further federal aid reimbursement issued for the project. If the recipient knows in advance that funding activity will not occur for the nine months, the Contract Administrator needs to be notified to determine if programming of fund can be adjusted or other options can be explored. 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. 3.330, Federal -aid Participation in In -House Services. b. If Federal reimbursement will be requested for construction performed by employees of the Recipient, the Recipient shall follow the procedures in I.M. 6.010, Federal -aid Construction by Local Agency Forces. c. 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 200. 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. If approved, the approved indirect cost rate shall be incorporated by means of an amendment to this agreement. Page 5 4. Design and Consultant Services a. The Recipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). 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 a qualifications -based selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.310, 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. 3.020, Concept Statement Instructions, 4.030, Environmental Data Sheet Instructions, 4.020, NEPA Class of Action, and 4.120, Cultural Resource Regulations. 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. 4.170, Farmland Protection Policy Act. 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. 4.130, 404 Permit Process, 4.140, Storm Water Permits, 4.190, Highway Improvements in the Vicinity of Airports or Heliports, and 4.160, 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. Right -of -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.M. 3.600, Right -of -Way Acquisition, and the Department's Right of Way Bureau 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. Page 6 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. 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 Department's 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: Prepare and submit the PS&E and other contract documents to the Department for review and approval in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, 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. 5.030, 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. 5.120, 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. 5.050, Project Development Certification Instructions. The project shall not receive FHWA Authorization for construction or be advertised 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 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 Page 7 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. 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/IM/navigation/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. 6.000, 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 do 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. Page 8 10. Project Close-out. a. Within 30 days of completion of construction or other activities authorized by this agreement, the Recipient shall provide written notification to the Department. The Recipient shall follow and request a final audit, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid, Federal -aid Swap, and Farm -to -Market Projects. Failure to comply with the procedures will result in loss of federal fund, reimbursed funds shall be returned and a possible suspension may be placed on the Recipient from receiving federal fund on future projects until the Recipient has demonstrated responsible management of federal funds on roadway projects. b. For construction projects, the Recipient shall provide a certification by a professional engineer, architect, or landscape 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. Prepared by: Scott Sovers, Assistant City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 Resolution No. 1 Q_912 Resolution authorizing acceptance of STBG Funds from the Iowa Department of Transportation and authorizing the Mayor to sign the Project Agreement for the American Legion Road Improvements Project Whereas, the Iowa Department of Transportation uses Surface Transportation Block Grant (STBG) funds for construction, reconstruction, rehabilitation, resurfacing, restoration and operational or safety improvement projects on public roads; and Whereas, the MPOJC awarded $3,608,000 in STBG funding for the American Legion Road Improvements; and Whereas, this project is currently programmed in the Federal Fiscal Year (FFY) 2020-2023 Transportation Improvement Program (TIP) and will be bid early 2020 with construction following in 2020 through 2021; and Whereas, projects utilizing STBG funds are eligible for 80% reimbursement of all authorized and approved eligible Project activities; and Whereas, the City of Iowa City wishes to accept funding for the American Legion Road Improvements Project. Now, therefore, be it resolved by the Council of The City of Iowa City, Iowa, that: 1. The Mayor is authorized to sign and the City Clerk to attest the Iowa Department of Transportation Federal -aid Agreement for surface Transportation Block Grant Program Project No. STP -U-3715(666} -70-52 in a form approved by the City Attorney. Passed and approved this 6th day of August 2019 M o� ro ed by� Attest City Clerk City Attorney's Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were Ayes: P Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.y. ®4 CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an agreement by and between the City of Iowa City and HR Green, Inc., of Cedar Rapids, Iowa to provide engineering consultant services for the Riverfront Crossings District Drainage Study. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $80,000 available in the Stormwater Management account #77770110 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Agreement Executive Summary: This agenda item will approve a contract with HR Green, Inc. for a stormwater drainage study in the Riverfront Crossings District. Background /Analysis: The patchwork of stormwater infrastructure in the Riverfront Crossings District has proved to be insufficient for handling stormwater runoff, resulting in persistent nuisance flooding issues in some areas. From a drainage perspective, the area is challenged by a highly impervious watershed, steep to flat topography, and aging and sparse intakes within the urban area. A drainage study of the area from Burlington Street to Benton Street, between the Iowa River and Ralston Creek, is needed to pinpoint the deficiencies in the current stormwater system and propose potential solutions to alleviate localized flooding problems. The scope of work will include system mapping and research, limited field survey to supplement available records, hydraulic modeling and performance evaluation of the existing stormwater system, identification of recommended improvements including both green and gray infrastructure, preparation of budget level cost estimates, and a report to document the findings. Project Timeline: The study and final report is estimated to take approximately 10 months to complete. ATTACHMENTS: Description Location Map Resolution Agreement ______________ I I I I I Downtown District I I I I I I �iL,E LI -1 L-11 E -U r- =C�� HD L -PI I , n,- mill I ^; —_—. University— 1 District I f III { Central Crossings 7 f 1 l fel Gilbert District I F1 P _ I I West RiverfranY tg - r� ! II S- G Yr f 1 � 1 M,07/' I � 4 L_L_1J E f -M k --9111 I , n,- mill I ^; —_—. University— 1 District I f III { Central Crossings 7 f 1 l fel Gilbert District I F1 P _ I I West RiverfranY tg - r� ! II S- G Yr f 1 � 1 M,07/' L'� Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5436 Resolution No. 19-213 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an agreement by and between the City of Iowa City and HR Green, Inc., of Cedar Rapids, Iowa to provide engineering consultant services for the Riverfront Crossings District Drainage Study. Whereas, the City desires the services of a qualified firm to provide professional engineering services for the Riverfront Crossings District Drainage Study; and Whereas, a stormwater study of the area from Burlington Street to Benton Street between the Iowa River and Ralston Creek will be conducted to identify insufficiencies that may be present in the existing stormwater conveyance systems; and Whereas, potential green and gray infrastructure upgrades and/or modifications, including cost estimates, will be identified and included in a final report; and Whereas, the City issued a request for proposals (RFP) to private engineering firms interested in performing the design of this Project; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, HR Green, Inc. was selected based on qualifications and price; and Whereas, funds for this project are available in the Stormwater Management Operations fund Account#77770110. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. 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 Consultant's Agreement. 3. The City Manager is authorized to execute amendments to this contract as they may become necessary. Passed and approved this6th day of August 2019 Ma or rov by Attest: I 1 City Clerk City Attorney's Office Resolution No. t e-213 Page 2 It was moved by Cole adopted, and upon roll call there were: Ayes: and seconded by Teague the Resolution be Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Consultant Agreement This Agreement, made and entered into this 6th day of August 2019 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and HR Green, Inc., of Cedar Rapids, Iowa, hereinafter referred to as the Consultant. Whereas, the City desires the services of a qualified firm to provide professional engineering services for the Riverfront Crossings District Drainage Study; and Whereas, a stormwater study of the area from Burlington Street to Benton Street between the Iowa River and Ralston Creek will be conducted to identify insufficiencies that may be present in the existing stormwater conveyance systems; and Whereas, potential green and gray infrastructure upgrades and/or modifications, including cost estimates, will be identified and included in a final report; and Whereas, the City issued a request for proposals (RFP) to private engineering firms interested in performing the design of this Project; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, HR Green, Inc. was selected based on qualifications and price; and Whereas, funds are available in the Stormwater Operations fund. 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. I. Scope of Services Consultant agrees to perform the following services for the City. Project Understanding The patchwork of stormwater infrastructure in the Riverfront Crossings District has proved to be insufficient for handling stormwater runoff, resulting in persistent nuisance flooding issues in some areas. From a drainage perspective, the area is challenged by a highly impervious watershed, steep to flat topography, and aging and sparse intakes within the urban area. A drainage study of the area from Burlington Street to Benton Street, between the Iowa River and Ralston Creek, is needed to pinpoint the deficiencies in the current stormwater system and propose potential solutions to alleviate localized flooding problems. The scope of work will include system mapping and research, limited field survey to supplement available records, hydraulic modeling and performance evaluation of the existing stormwater system, identification of recommended improvements including both green and gray infrastructure, preparation of budget level cost estimates, and a report to document the findings. -2 - This Scope of Services is based on the following assumptions: • The drainage model will be built from available data, including City -provided UDAR and GIS storm sewer data, previous storm sewer mapping and models by others, City -provided record drawings from prior projects, and limited new survey. • The City will provide all available stormwater calculations and design data. The Consultant will review this outside data for reasonableness, but will not be liable for the accuracy of this provided data. • The study will not include infrastructure condition assessments nor hydraulic modeling of individual intake capacities, which may have the potential to cause additional flooding issues. These issues may be considered for critical areas in a future study that builds on this work. The scope of services to be performed by the Consultant shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following tasks: Proiect Tasks A. Project Administration A.1 Develop Detailed Work Plan Prepare written instruction for project staff, providing background, names of contacts, communications procedures, responsibilities, schedule and budget information for the project. Establish a detailed project schedule indicating critical dates, milestones, and deliverables. Prepare a detailed work plan with specific staff assignments, by task, corresponding to the schedule. A.2 Coordination with the City Maintain communications with the City. Meet with the City staff to review progress and to discuss specific elements of the project. The meetings will also serve to review schedules and project goals, establish initial design parameters, promote a dialog, and improve the decision-making process. Assume one kickoff meeting, one meeting following existing conditions modeling, and one meeting following delivery of the draft technical memo containing proposed modifications and cost estimates, for a total of three (3) meetings. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, it is assumed that the meetings will be attended by two (2) staff members of the Consultant. A.3 Coordination with Stakeholders Contact private property owners identified by the City within the study area to gather information on specific issues and impacts to adjacent properties. The City will facilitate this communication by providing contact information for affected property owners. AA Project Management Provide on-going project management for the duration of the project. This will include interoffice meetings, typing of interoffice memoranda and minutes of meetings, interoffice administration and coordination of the project, and coordination, monitoring and communicating with project sub -consultants. Provide budget and schedule management. Maintain the system for monitoring progress and expenditures to allow monthly tracking. Prepare and submit monthly progress reports outlining the following: • Activities during the reporting period • Activities planned for the following month • Problems encountered and recommended solutions • Overall status -3- A.5 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. B. Data Collection and Survey B.1 Base Mapping Consultant will build an SDE ArcGIS database of the existing stormwater system infrastructure based on City -provided GIS shapefile data, AutoCAD linework from the University East Campus study, and as -built plan sets from prior construction projects. This database will serve as the basemap for the hydraulic model, along with provided WAR surface data and other available mapping. Consultant will provide the base mapping to the City for review and discuss areas where additional field survey may be needed for the modeling effort. Consultant will confer with City regarding survey needs prior to authorizing survey work. It is assumed the City's review of the base mapping will be completed within two weeks. B.2 Survey After reviewing the compiled base mapping, as well as flooding complaints and anecdotal reports of stormwater issues from local property owners, Consultant will identify data gaps for the modeling effort and discuss survey needs with the City. A sub -consultant retained by Consultant will perform the limited survey services for the project. The mapping data will utilize the Iowa South State Plane Coordinate System. Elevations will be based upon NAVD88. All units will be in feet. Perform survey of existing storm sewer infrastructure (structure location, pipe type, diameter and inverts, stormwater basin details) within the study area as needed to supplement data previously provided by the City. A survey allowance of up to $5000 has been assumed for this effort. If provided data is determined to be inadequate for modeling street conveyance and ponding, basic street (crown, gutter, top of curb) and rail (rail and toe of ballast) survey can be collected where required to supplement the data, for an additional fee. C. Drainage Modeling and Recommendations C.1 Existing Conditions Develop drainage basin data and hydrology model input parameters for existing conditions within the study area. Hydrology inputs will be made at public storm structures. Runoff from private development will be input where it enters the public storm sewer system. Create a 1 D/2D stormwater model for the study area from the stormwater base mapping and other available data. Include in the model existing above- and below -ground storm conveyance routes and ponding areas within the City right-of-way. Model the 1-, 2-, 5-, 10-, 25-, 50- and 100 -year return period storm events using Atlas 14 rainfall data. Complete a review of the drainage model to assess input parameters and assumptions for consistency with generally accepted standards of practice and model set up and results for reasonableness. If available data exists, calibrate the model to actual storm events. Review model results. Identify locations where conveyance is capacity -restricted and where surcharge ponding or other drainage issues may negatively impact public or private infrastructure. C.2 -4- Prepare a draft Technical Memorandum which will include a narrative summary of the storm sewer modeling assumptions, inputs, and results and inundation maps for the modeled scenarios. Meet with City staff to review the draft Technical Memorandum. Incorporate feedback received from the City at the review meeting into the final Technical Memorandum. Proposed Conditions After identifying deficiencies in the existing system, develop potential stormwater infrastructure upgrades that could be made to alleviate flooding impacts, with a consideration for both green and grey infrastructure solutions. Evaluate potential solutions for feasibility a stormwater model to determine their impact. results for reasonableness. id constructability and test them within the Complete a review of the model set up and Develop cost estimates for proposed solutions that are shown to alleviate flooding issues. Expand the draft Technical Memorandum to discuss the scope, impact, and cost of potential upgrades. Taking into account feasibility, impact, and costs, recommend a slate of proposed improvements to alleviate the flooding issues within the study area. Meet with City staff to discuss the recommended improvements and gather feedback before preparing a final Technical Memorandum with the results of the study to be used as a guide for future improvements. Additional Services The following services are not included in this Agreement. If authorized under a new Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1. Topographic survey services. 2. Geotechnical services. 3. Preparation of permit applications. 4. Environmental field studies and preparation of environmental documents. 5. Funding application preparation and management. 6. Design services. 7. Material testing and certification services. 8. Construction services. City Responsibilities The City shall furnish or obtain from others the following services: 1. Provide available mapping, planimetrics, digital terrain model, record drawings, plats, exhibits, and relevant reports pertaining to drainage within the study area. 2. Participate in all meetings and project reviews and provide written comments. 11. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Specific dates shown below are approximate, to be determined and scheduled with City staff during the course of the project. Project kick-off meeting 1 week from Notice to Proceed Base Mapping and Survey 4 weeks from Notice to Proceed Existing Conditions Tech Memo for City Review 10 weeks from Notice to Proceed Draft Final Tech Memo for City Review 16 weeks from Notice to Proceed Final Study Report Submittal 2 weeks from receipt of Comments -5- 111. Compensation for Services The Consultant shall be compensated for the above scope of services on an hourly basis in accordance with the Hourly Fees and Charges Schedule, attached hereto and incorporated herein by this reference. The total cost of services shall not exceed $80,000.00 IV. 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 "lump sum" amount listed in Section III. 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 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 state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. 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. Invoice for Consultant's services shall be submitted on a monthly basis. The City agrees to tender the Consultant all fees within 30 days. If Consultant fails to perform Services in manner consistent with professional standard of care, payment for those services will not be made until the Consultant re -performs any Services not meeting this standard in the time required by City. If such deficiencies are not corrected in a timely manner, the City may cause the same to be corrected and deduct costs incurred from Consultant's compensation. 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 acknowledges 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 represents that, to the best of Consultant's knowledge, 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. Indemnification. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. `2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against liability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and -7 - includes the City of Iowa City, Iowa, its Mayor, City Council members, employees, and volunteers. P. Insurance 1. The Consultant agrees at all times to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. 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 ME 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: August 6, 2019 Attest: 4XYLe- ^q For the, Cnsultan�fA,- Y Ti 0 - Date: 30 , 20 14 Approved City Attorney's Office Date Item Number: 10.d. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org August 6, 2019 Resolution Approving the Preliminary and Final Plat of The Crossings Phase Three Subdivision, Iowa City, Iowa. ATTACHMENTS: Description Staff Report with Attachments Supplemental Memo to P&Z Letter to P&Z from Shuttleworth & Ingersoll Information Submitted to P&Z from Shuttleworth & Ingersoll Staff Response to Traffic Concerns Response from Fire Dept. Illustrative Exhibit Preliminary Plat Final Plat Planning and Zoning Commission Minutes (06.06.2019) Planning and Zoning Commission Minutes (06.20.2019) Resolution To: Planning and Zoning Commission |iem:GUB194 The Crossings - Phase 3 GENERAL INFORMATION: Requested Action: Purpose: Location: LOC8tk}n Map: Size: STAFF REPORT Prepared by: Ray Hekner,Associate Planner and Jade Pederson, Planning Intern Date: June 6 1h 2019 Paradigm ProLLC 3U55Locust Ridge Rd North Liberty, |A52317 nandynliU8r@onnoiiCOnn Kelly Bec |er 1S17SGilbert Street Iowa City, |A5224O Approval of preliminary plat Resubdivision 0fLot 6and C)uUOtHO{Phase 2and opart ofLots 1 and 2ofBlock 3ofCook, Sargent, and OUvvney'SAddition GVVcorner ofE1mStand GGilbert 8t . .�"� � �r-'-- ^ � �� &�� ,� �' \� / �o-E1 u»` � .,. 4.. . . 0.83 acres Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: K Commercial, Intensive Commercial (CI -1) North: CI -1 — Intensive Commercial CC -2 — Community Commercial South: CI -1 — Intensive Commercial East: CI -1 — Intensive Commercial CC -2 — Community Commercial West: CI -1 — Intensive Commercial P1 — Neighborhood Public RFC -SG — Riverfront Crossings -South Gilbert Riverfront Crossings - South Gilbert District Riverfront Crossings May 6, 2019 (Completed Application Date) June 20, 2019 The applicant, Randy Miller, has requested preliminary plat approval for The Crossings, Phase Three, an approximately 0.80 -acre, 1 -lot mixed-use subdivision located on the southwest corner of E. 1St St. and S. Gilbert St. The subdivision is intended to facilitate the redevelopment of the subject property according to the Riverfront Crossings form -based code. The subject property consists of one lot, that will include a resubdivision of Lot 6 and Outlot H of Phase Two, in addition to a newly purchased 0.20 -acre parcel that will be incorporated into this subdivision and The Crossings Development. The 0.20 -acre parcel was recommended for rezoning to Riverfront Crossings South Gilbert (RFC -SG) zone, and is currently being evaluated by the City Council to approve the rezoning. The subdivision will continue efforts from Phase Two, and establish a new lot and block pattern to create an urban, mixed-use neighborhood next to the new Riverfront Crossings Park. Upon approval of the preliminary plat by the Planning and Zoning Commission, the applicant will pursue simultaneous approval of the preliminary and final plat from Council. The applicant has chosen not to use the Good Neighbor Policy for this preliminary plat application. A Good Neighbor Meeting was held during the first phase of The Crossings rezoning back in January of 2015. ANALYSIS: Zoning: The portion of the subject property that consists of Lot 6 from Phase Two was rezoned to Riverfront Crossings — South Gilbert zone in 2016. As stated above, the new 0.20 -acre portion of the subject assemblage is undergoing Council approval to rezone to a RFC -SG zone. This zone is intended for high intensity mixed-use development in buildings with active ground floor uses opening onto pedestrian -friendly streetscapes. The zoning allows high density residential development and a mix of commercial uses appropriate to an urban neighborhood, including retail, restaurant, and office uses. Compliance with Comprehensive Plan: The subject properties are located in the South Gilbert Subdistrict of Riverfront Crossings. The master plan highlights the defining features of this subdistrict, including the potential for mixed-use buildings along a more pedestrian -oriented Gilbert Street and buildings that front on tree -lined pedestrian streets that provide views and access to the new riverfront park. As a condition of the 3 Phase Three rezoning, the City requested that a 40' wide strip of land (shown as Outlot "A" in the preliminary plat) be dedicated to the City to help create a more pedestrian -oriented S. Gilbert St. corridor. The submitted preliminary plat builds upon previously approved lot and block patterns from Phase Two, and provides for dedication of land for a more pedestrian -oriented street network to support the proposed redevelopment of these properties according to the Riverfront Crossings Master Plan. Subdivision design: The subdivision design allows for the proposed mixed-use building to front S. Gilbert St. Outlot "A" will allow for the continuation of future S. Gilbert St. improvements that have been conditioned through past rezonings on the properties to the south, and along most of the Lot 1 S. Gilbert St. frontage. To make Lot 1 in Phase Three more uniform, a portion of Outlot "H" from Phase Two will be incorporated into Lot 1 in Phase Three. This adjustment will take the remainder of land from Outlot "H" in Phase Two, and create a new outlot called Outlot "B" in Phase Three. Outlot "B" will carry forward the same utility and access easements that were approved for Outlot "H" in Phase Two. The developer will be responsible for constructing 8' wide sidewalks along the S. Gilbert St. and E. 1 St St. frontages. These sidewalks may be installed as a part of a larger City project to improve the S. Gilbert Street corridor according to goals of the Riverfront Crossings Master Plan. There will not be parking along the E. 1 st St. frontage, where the sidewalk is shown on the preliminary plat. Parking may be allowed at the time the property to the north redevelops. An existing driveway entrance along S. Gilbert St. will be closed off, to allow for a continuous block of uninterrupted commercial frontage along S. Gilbert St., between E. 1 st St. and E. 2nd St. The proposed development will have vehicular access from E. 1St and 2nd Streets, and from a previously approved private alley that will connect these two streets. Traffic Implications: One of the primary goals of the Riverfront Crossings Plan is to improve the public realm, the public spaces along the streets and public open spaces to create a safe, walkable and pleasant environment for high density residential living. The intent with The Crossings subdivision is to repair the street grid by extending 2nd Street and eventually 1 st Street and allowing only essential driveways. The plat illustrates a driveway on the north side of Lot 1 that will provide access to the planned mixed-use building. The location and design of this proposed driveway will be reviewed by the City prior to final plat to ensure that it meets traffic safety and circulation standards. Neighborhood Open Space: The Neighborhood Open Space Requirements require approximately 0.06 -acre of dedicated open space or fees in lieu of for the newly acquired portion of Lot 1 that includes residential dwelling units. Final calculation of the open space requirement and fee based on the cost of construction of the open space improvements along the Ralston Creek will be determined at the time of final plat. Floodplain: About half of the newly acquired portion of subject property is located within the 500 -year floodplain. Compliance with the City's floodplain management ordinance will be required at site plan review. The subject property has no other sensitive areas. Utilities: Public Works staff has determined that stormwater management upgrades to the area from Phases One and Two of The Crossings subdivision, along with existing water and sewer infrastructure, will be sufficient to service the proposed development associated with Phase Three of the subdivision. C! NEXT STEPS: Pending recommendation of approval of the preliminary plat from the Planning and Zoning Commission, the City Council will consider approval of the preliminary and final plats. The mixed- use building that will be located on Lot 1 will be subject to administrative Design and Site Plan Reviews. STAFF RECOMMENDATION: Staff recommends approval of SUB194, a preliminary plat of The Crossings Phase Three, an approximately 0.83 -acre, 1 lot, mixed-use subdivision located at the southwest corner of E. 1 I St. and S. Gilbert St. ATTACHMENTS: 1. Location Map 2. Zoning Exhibit 3. Preliminary Plat Approved by: :1). st+.' Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services MW KIRKWOOD / T— 4 Iff ^l E 1ST ST- . p go IF 9 E 2ND ; ok r _ co 17 IC oil �n 9 I 0 r _ An application submitted by Paradigm Properties LLC for preliminary plat approval for The Crossings Phase 3, a 0.63 -acre, 1 -lot subdivision located at the SW E 3RD sr� f corner of E 1st St and S Gilbert St CITY OF IOWA CITY w d 1 * jW ,1" a PRELIMINARY PLAT AND SENSITIVE AREAS PLAN THE CROSSINGS PHASE THREE A RESUBDIVISION OF LOT 6 AND OUTLOT H OF THE CROSSINGS PHASE TWO AND A PART OF LOTS 1 AND 2 OF BLOCK 3 OF COOK, SARGENT AND DOWNEY'S ADDITION IOWA CITY, IOWA an i� 0 4 10 20 30 40 GRAPHIC SCALE IN FEET 1"=40' PLAT PREPARED BY: OWNER/APPLICANT: APPLICANT'S ATTORNEY: MMS CONSULTANTS INC. PARADIGM PROPERTIES, LLC. TIMOTHY S. GRADY 1917 S. GILBERT STREET 3855 LOCUST RIDGE RD NE 222 S. LINN STREET IOWA CITY, IA 52240 NORTH LIBERTY, IA 52317 IOWA CITY, IA 52240 DESCRIPTION - PRELIMINARY PLAT Beginning at the Southeast Corner of Lot 6 of The Crossings Phase Two, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 141 of the Records of the Johnson County Recorder's Office; Thence S88°3743"W, along the South Line of said Lot 6, and the South Line of Outlot "H" of said The Crossings Phase Two, a distance of 118.00 feet, to the Southwest Corner of said Outlot "H"; Thence N01 °00'12"W, along the West Line of said Outlot "H", a distance of 283.56 feet, to the Northwest Corner thereof; Thence N88°40'16"E, along the North Line of said Outlot "H", the North Line of said Lot 6, and the North Line of the Tract of Land Conveyed by Warranty Deed, as Recorded in Book 5657, at Page 875 of the Records of the Johnson County Recorder's Office, 158.00 feet, to the Northeast Corner thereof, and the Northeast Corner of Block 3 of Cook Sargent and Downey's Addition, in accordance with the Recorded Plat thereof; Thence S01 °00'12"E, along the East Line of said Conveyed Tract, and the East Line of said Block 3, a distance of 79.64 feet, to the Southeast Corner of said Conveyed Tract; Thence S88°40'16"W, along the South Line of said Conveyed Tract, 40.00 feet, to the Northeast Corner of said Lot 6; Thence S01 °00'12"E, along the East Line of said Lot 6, a distance of 203.84 feet, to the Point of Beginning. Said Tract of Land contains 36,640 square feet (0.84 Acre), and is subject to easements and restrictions of record. ED [:)LOCK:AH`Q� 2, OOKpE 7AMID rl nnVVrrKJrfWi //AnnH 7Hnr� I PLAT/PLAN APPROVED by the City of Iowa City City Clerk Date: UTILITY EASEMENTS, AS SHOWN HEREON, MAY OR MAY NOT, INCLUDE SANITARY SEWER LINES, AND/OR STORM SEWER LINES, AND/OR WATER LINES : SEE CONSTRUCTION PLANS FOR DETAILS. �'I I f I �I TREET THE CROSSINGS PHASE THREE IOWA CITY, IOWA k rA � W 2 O N U r` RIVFRrRONT CROSSINGS PARK M IN I xl - I � pl I _ { rLI�. KIRKWOQDAVE I I I EiSTST I m I �rN E 2ND ST I I E 3RD ST LOCATION MAP NOT TO SCALE am M FkA !9 CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date Revision 05-24-19 PER CITY REVIEW -JDM 05-30-19 CITY STAFF COMMENTS -JDM PRELIMINARY PLAT AND SENSITIVE AREAS PLAN THE CROSSINGS PHASE THREE A RESUBDIVISION OF LOT 6 AND OUTLOT H OF THE CROSSINGS PHASE TWO AND A PART OF LOTS 1 AND 2 OF BLOCK 3 OF COOK, SARGENT AND DOWNEY'S ADDITION IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date: 04-25-19 Designed by: STANDARD LEGEND AND NOTES KJB - PROPERTY &/or BOUNDARY LINES Drawn by: — — - CONGRESSIONAL SECTION LINES ------------- - RIGHT-OF-WAY LINES — - - - — - - - — - - - — - EXISTING RIGHT-OF-WAY LINES KJB — - CENTER LINES Project No: — - EXISTING CENTER LINES - LOT LINES, INTERNAL - LOT LINES, PLATTED OR BY DEED — — — — — — — — - PROPOSED EASEMENT LINES ------------ - EXISTING EASEMENT LINES -ON - BENCHMARK (R) - RECORDED DIMENSIONS 22-1 - CURVE SEGMENT NUMBER -EXIST- -PROP- - POWER POLE - POWER POLE W/DROP - POWER POLE W/TRANS - POWER POLE W/LIGHT $ $ - GUY POLE # - LIGHT POLE OO - SANITARY MANHOLE - FIRE HYDRANT s �Oo � - WATER VALVE OD ® - DRAINAGE MANHOLE ❑ - CURB INLET X X - FENCE LINE ( - EXISTING SANITARY SEWER (( - PROPOSED SANITARY SEWER - EXISTING STORM SEWER :< - PROPOSED STORM SEWER W-- WATER LINES E - ELECTRICAL LINES T - TELEPHONE LINES G - GAS LINES - - - - - - - - - - - - CONTOUR LINES (1' INTERVAL) - PROPOSED GROUND - EXISTING TREE LINE EXISTING DECIDUOUS TREE & SHRUB - EXISTING EVERGREEN TREES & SHRUBS THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE APPROVAL OF THIS DOCUMENT. am M FkA !9 CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date Revision 05-24-19 PER CITY REVIEW -JDM 05-30-19 CITY STAFF COMMENTS -JDM PRELIMINARY PLAT AND SENSITIVE AREAS PLAN THE CROSSINGS PHASE THREE A RESUBDIVISION OF LOT 6 AND OUTLOT H OF THE CROSSINGS PHASE TWO AND A PART OF LOTS 1 AND 2 OF BLOCK 3 OF COOK, SARGENT AND DOWNEY'S ADDITION IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date: 04-25-19 Designed by: Field Book No: KJB Drawn by: Scale: JDM 1 "=40' Ghecked by: Sheet No: KJB Project No: IOWA CITY 10456-002 of: 1 (.'frami� mom CITY CITY OF IOWA CITY CITY OFIOWA CITY 1\/1 E M O RA N D u M UNESCO CITY of LITERATURE 'j� j j Date: June 20, 2019 To: Planning and Zoning Commission From: Ray Heitner, Associate Planner Re: Supplemental Memo to SUB19-04 Background This memo is being written to provide some additional context for the scheduled continued discussion on SUB19-04, an application for a preliminary plat for a resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and Downey's Addition. The subject area is located at the southwest corner of E. 1 st St. and S. Gilbert St., in the Riverfront Crossings South Gilbert Subdistrict. At the June 6, 2019 Planning and Zoning Commission meeting, a neighbor (Aero Rental) to the subject property brought legal counsel to the meeting to bring several items to the Commission's attention. Commissioner Baker requested that the concerns be submitted to staff in writing. Staff has not received any written correspondence; however, the following summarizes the concerns expressed at the June 6 meeting: - Property owner feels that the City is pushing it out of the area and the development activity in the area has significantly damaged the property owner. - The private alley parallel to S. Gilbert St. shown on the plat provides no connection to E. 1 s' Street. - An existing sanitary sewer easement along Ralston Creek, a portion of which is on the Aero Rental property, has been torn up since September 2018. There are open trenches, fences have been removed, and this activity has significantly disturbed Aero Rental's business. - Concerns related to municipal infrastructure being able to support the intense development. - The popularity of the area has caused parking issues. There is limited on -street parking in the area and the property owner is concerned of others parking on its site. Upon hearing these items, the Commission deferred the preliminary plat application to June 20, 2019. With this memo, staff intends to outline the history of the subject property and subject development, and highlight what items the Commission is required to consider in its evaluation of a preliminary plat application. The memo will also outline staff's response to concerns brought up by Aero Rental's legal counsel that are topical to staff and the Commission's evaluation of the subject preliminary plat application. Development and Application History The subject area will be the third phase of The Crossings development. Incremental stages of this development have been presented to the City since 2015. A rezoning of the balance of the development area from Intensive Commercial (CI -1) and Neighborhood Public (P-1) to Riverfront June 14, 2019 Page 2 Crossings South Gilbert (RFC -SG) in October 2016 (shown in blue in Figure 2) allowed for the development area to conform to the envisioned uses and building forms detailed in the South Gilbert Subdistrict of the Downtown and Riverfront Crossings Master Plan. This zone is intended for high intensity mixed-use development in buildings with active ground floor uses along S. Gilbert Street opening onto pedestrian -friendly streetscapes. The zoning allows a mix of residential and commercial uses appropriate to an urban neighborhood, including retail, restaurant, and office uses. The maximum height permitted without height bonuses is 6 stories. A final plat of Phase Two of The Crossings Development was approved by the City Council in July of 2017. With the approval of the rezoning and plat that occurred in 2017, the developer can build the lot and street network that is shown in Figure 1. Note that the approved final plat from 2017 shows the private north -south alley terminating at the Aero Rental Property. A rezoning of 227 E. 11 St. (shown in orange in Figure 2), was recommended for approval by the Planning and Zoning Commission to the City Council on May 16, 2019. The subject preliminary plat intends to incorporate 227 E. 1st St. into The Crossings development. The applicant must rezone 227 E. 1St St. to build the intended mixed-use structure on the lot, but does not have to replat the lot to locate the planned structure on the lot. Figure 1 June 14, 2019 Page 3 Figure 2 Active Preliminary Plat Application The current preliminary plat application for Phase Three of The Crossings development attempts to incorporate the newly acquired lot, 227 E. 1 It St., into the previously approved Lot 6 from Phase Two of The Crossings development. Provided that the rezoning application for 227 E. 1St St. is approved by the City Council; the developer can build a building on the lot that is in compliance with the Riverfront Crossings zoning regulations. Staff Analysis of Land Subdivision Code Application to SUB19-4 As stated above, the subject preliminary plat application involves the inclusion of a small parcel of land (0.16 acres after right-of-way dedication) to a much larger development that has already been approved. ]',-1 ' Of the concerns expressed at the June 6 public meeting, the one item relevant to the preliminary I'plat discussion is the termination of the private '� L alley at the Aero Rental property line. Staff finds that the previously approved internal street '* ��. network for the development will provide sufficient �' "` �~' access and circulation. While staff knows that the north -south alley cannot connect to E. 1St St. without an access agreement in place, the inclusion of 0.16 -acres of land on to the previously approved lot is not enough to require a connection from the north -south alley on to E. 1 It St. Lastly, approval of the preliminary plat will allow for the provision of public improvements in the way of 8' wide sidewalks along the S. Gilbert St. and E. 1St St. frontages. Installation of these sidewalks will be required at the time of construction of the planned mixed-use building on the subject lot. Recommendation Staff recommends approval of SUB19-04, a preliminary plat of The Crossings Phase Three, an approximately 0.83 -acre, 1 lot, mixed-use subdivision located at the southwest corner of E. 1 st St. and S. Gilbert St. Approved by: *I`� anielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services �)huttleworth L ATTORNEYS AT LAW • ESTABLISHED 1854 June 17, 2019 VIA EMAIL Planning and Zoning Commission City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Anne-russet@iowa-city.org Re: Input on The Crossings, Phase Three Dear Members of the Planning and Zoning Commission: At the meeting held on June 6, 2019, I was asked to put my clients' comments and concerns regarding the above -referenced subdivision application in writing for the consideration of the Commission. As I mentioned at the meeting, while my clients understand that their property is located within the Riverfront Crossing District and that the above -referenced subdivision application is consistent with the comprehensive plan for that District, they are nevertheless concerned about subdivision moving forward at this time. This concern is based upon the lack of sufficient municipal infrastructure to handle the development and the ongoing problems with the existing development that have had a negative impact on my clients' property. First and foremost, the subdivision as designed funnels traffic attempting to access Lot 1, The Crossings, Phase Three, over and across my clients' property. The Staff Report notes that the subdivision will "establish a new lot and block pattern to create an urban, mixed use neighborhood next to the new Riverfront Crossings Park"; that Outlot B will "carry forward the same utility and access easements that were approved" and that the "proposed development will have access from East 1St and 2,d Streets, and from a previously approved private alley that will connect these two streets." The "previously approved private alley" is Outlot B. The problem is that Outlot B does not have access to 1St Street without going over and across my clients' property. East 1St Street only extends 120 feet past Gilbert Street and dead -ends into my clients' property. This is somewhat difficult to discern when looking at the preliminary plat for The Crossings, Phase Three but is clearly illustrated by the attached Exhibit A, which is a printout from the Johnson County Auditor's website. The subdivision plat for The Crossings, Phase Three clearly shows that the eastern most line of Outlot B is 128 feet from Gilbert Street. Thus, there is quite simply no way to access Outlot B, the intended access point and component of the desired block pattern, without encroaching on my clients' property. Shuttleworth & Ingersoll, P.L.C. 327 Second Street, Ste. 300 Coralville, IA 52241 • PO Box 2107 Cedar Rapids, IA 52406-2107 ph (319) 365-9461 • fax (319) 365-8443 • www.shuttleworthlaw.com Shuttleworth & Ingersoll, P.L.C. June 17, 2019 Page 2 This is particularly concerning because the Staff Report also notes that "an existing driveway entrances along S. Gilbert St. will be closed off, to allow for a continuous block of uninterrupted commercial frontage along S. Gilbert St." Thus, this proposed development, which the Developer has indicated will incorporate about an additional 175 residential units with an unspecified amount of commercial units, clearly and unequivocally anticipates traveling over my clients' property for access purposes. This is clearly not permissible. City staff argues that the alley intended to be located on Outlot B has previously been approved and that the access and utility easements located in Outlot "H" for Phase Two have also previously been approved. While that may be true, that does not abrogate the Commission's responsibility to make an independent decision at this juncture as to whether this subdivision application, on its own merits, should be approved. Furthermore, at the time The Crossings, Phase Two was approved, there was an intervening property owner. There was no lot within The Crossings, Phase One or Two that had frontage on 1St Street. Furthermore, to the best of my clients' knowledge, there were no immediate plans to construct a building with an additional 175 residential units and an unspecified amount of commercial units that were clearly and expressly intended to obtain access to their units over and across my clients' property. Second, other aspects of the municipal infrastructure necessary to support the development also do not exist at this time. Street improvements to Gilbert Street are contemplated but not yet complete. The City has noted with concern the number of entrances on to Gilbert Street for more than 20 years and has, in fact, commissioned studies on the problems and potential solutions to traffic problems and safety concerns associated with the South Gilbert Street Corridor. In fact, the entrance to this property from South Gilbert Street is scheduled to be closed in connection with this development yet, the intended block pattern of alternate streets does not exist. There is insufficient parking for the already existing uses. The fire hydrant installed as part of The Crossings Phase Two is not operational as intended. My clients understand there are problems with the water main that has been installed as it is not functioning as intended. Thus, further development of the area at this time isnot warranted. Finally, my clients are concerned about the continued adverse impact upon their property of the development. There is a sanitary sewer easement in favor of the City running across the rear of my clients' property. However, this easement requires the City and its assignees to "promptly backfill any trench made by it." It also guarantees my clients the right to continue to use the easement areas as long as that use does not interfere with the City's easement rights. Despite those facts, the easement area as well as areas adjacent thereto have been dug up since last September. My clients' fence and concrete has been removed since September as well. My clients have not had the use of their property for approximately 9 months, while the City and its assignee attempt to install the water main and address all of the associated problems that have arisen in connection therewith. Please see attached photographs that depict the area in late May. Since that time and after the meeting held on June 6"', the Applicant did install an orange plastic fence along the boundary of its building site and take steps to insure that the construction activity did not encroach on to my clients' property. Nevertheless, my clients' fence remains Shuttleworth & Ingersoll, P.L.C. 327 Second Street, Ste. 300 Coralville, IA 52241 • PO Box 2107 Cedar Rapids, IA 52406-2107 ph (319) 365-9461 • fax (319) 365-8443 • www.shuttleworthlaw.com Shuttleworth & Ingersoll, P.L.C. June 17, 2019 Page 3 down, its concrete has not been replaced and the work associated with the relocated water main is not complete. Finally, some Commission members also expressed frustration that my clients were raising their objection at this late date and wondered why they had not raised those concerns earlier. Admittedly, it would have been preferable if they had done so. However, hind sight is 20/20. My clients' concerns have magnified over time. At the time the comprehensive plan was first developed, the City represented that it would work with existing businesses and that redevelopment of the area would take years. That has not turned out to be the case. My clients were told that the redeveloped areas would have adequate parking for their new uses on site. That has not turned out to be the case either and parking for the new uses has steadily begun to encroach more and more on my clients' property. The work in the easement area did not feel objectionable when it started but as time has worn on and the trench remains open and the area remains muddy and unuseable, my clients have become more and more concerned. And most importantly, it was only upon reading the Staff Report in connection with this Application that my clients became aware that next phase of this development was being designed in such a manner that access was to be obtained over and across my client's property. That is exactly why the City's ordinances require approval at multiple steps along the way. Just because The Crossings Phase Two or the rezoning was approved does not mean that my clients have lost the ability to raise their concerns about this Application. Each step of the process requires independent review and approval. In short, my clients do not support approval of The Crossing, Phase Three at this time. While the Riverfront Crossings Park District Plan contemplates subdivisions such as this, the comprehensive plan also indicates that the City should utilize tools or implement strategies to help existing businesses remain in the area or assist them to find new locations that better meet their needs. It is not an acceptable alternative to simply drive my clients and their business of more than 50 years out of the area through the uncompensated taking of my clients' property on both a short term and long term basis. Once the appropriate municipal infrastructure is in place to support the development without imposing that burden on my clients and their property, then such a subdivision would be appropriate. KHF:ram Enclosure Vqy Truly Yours, KIRSTEN H. FREY Shuttleworth & Ingersoll, P.L.C. 327 Second Street, Ste. 300 Coralville, IA 52241 • PO Box 2107 Cedar Rapids, IA 52406-2107 ph (319) 365-9461 • fax (319) 365-8443 • www.shuttleworthlaw.com is r f n r� J J C 1 LLI O C t W 1 w t�j @..E-� E-4 m F. w a$ m �.m o 0 m '�',i 1N3811�J W � w o 1� o e a o fi :u� = c� ,`Y 2,o _ o .j• � � NM � y �� Y cr / lnI i w F= m � Cri i rf J WiL � J 0 w - - __----—_ • • • W F W IL vi ---- — --- — • • w n t' na u — t� i7 J �I ur t i — J J W M O E -- • • • W O CL r 0N cc rl LJ a) cl" • • — __ __ --- — _ — _ - _ — —I - • iL LO [� c r O f O II J � J U W LO C O CC • W O f O ci cc LL L O u .i Ct •I. CL EXHIBIT d D D •i ° O ri v CL 3O Page 1 of 4 EXHIBIT F1. FILED 00 BOOK PAGE .a c� SANITARY SEWER EASEMENT AGREEMENT 95 JUN —9 PM '1: 52 This Agreement is made by and between Aero Rental, Inc., a corporati nd Ll, d M. Baumgartner and Ruth V. Baumgartner, husband and wife, hereinafter 0 afd� City of Iowa City, Iowa, a municipal corporation, hereinafter CITY. RECORDER JOHHSOII CO„ IOWA NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: i For the sum of One Dollar and other valuable consideration, receipt of which is hereby }� . acknowledged, OWNER hereby grants and conveys to the CITY, an easement for purposes iof excavating for and the installation, replacement, maintenance and use of such water main, r '' ? sanitary sewer lines, pipes, mains and conduits as the CITY shall from time to time elect for conveying sewage together with all necessary appliances and fittings for use in connection t with said lines and adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and acrosa the premises designated as Sanitary Sewer Easement No. �;•.! j 1 and No. 2 and legally described on the plat attached hereto as Exhibit A and incorporated by reference (hereinafter "easement areas"). OWNER further grants to the CITY the following rights in connection with the easement: 1. The right to grade said easement areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as the CITY may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement areas and on either side of said easement areas which now or hereafter in :. the opinion of the CITY may be a hazard to the sanitary sewer lines, or may interfere with the exercise of the CITY's rights hereunder in any manner. The CITY shall promptly backfill any trench made by it, The CITY shall indemnify the OWNER against any loss and damage which shall be caused by the exercise of any said ingress or egress, construction, use or maintenance rights by the CITY or its agents or employees in the course of their employment, except for any loss or damage which may be occasioned by a diminution in business during the temporary use of the easement areas for repairs and/or maintenance. The CITY shall not be responsible for maintaining the easement !;;`'';• areas. The OWNER reserves a right to use said easement areas for purposes which will not interfere with the CITY's full enjoyment of its rights hereby granted; provided that the OWNER shall+ not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement areas; or substantially add to the ground cover of said easement area, The OWNER hereby covenants with the CITY that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof, This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land, 1911 ?AGE 294 Book: 19141:'R.age. 294 Seq: 1 Page 2 of 4 -2- SIGNED this day of 1995, AProroo )d By Com? L` .'r--�----s cZ�r City Attorney's Office ,3-.Z k 9s STATE OF IOWA ) tiss: JOHNSON COUNTY) AERO C. By: --� Loyd M. Baumgartner, President r J4) Loyd M. Baumgartnor, iusband CITY OF IOWA CITY, IOWA By: Susan M. Ho witz, Mayor By: �J��t•2i 2i 9f'a�u% Pvhrian K. Karr, City Clerk GORC'ORATE SEAL On this„, day of 1995, before me, the undersigned, a Notary Public in and for said State, personallypeared Lloyd M. Baumgartner, to me personally known, who being by me duly sworn did ay that he is the President of AERO RENTAL, INC., the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Lloyd M. Baumgartner as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. W,JOANNHBRADY Expa e No(!Public in and for State of Iowa 191,1 ?pct 295 :294 Seq: 2`: Page 3 of 4 •1 -3 STATE OF IOWA } JOHNSON COUNTY ) On this �2� day of aa,,, , 1995, before me, the undersigned, a Notary i Public in and for said County, in sai State, personally appeared Lloyd M. Baumgartner and Ruth V. Baumgartner, husband and Wvlf a, to me known to be the Identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. ljo"Ne ""y° Nota y Public in and for the Oate of Iowa STATE OF IOWA I )ss: �. JOHNSON COUNTY On this Z day of J'"�, 1995, before me, the undersigned, a Notary Public r••;• in and for the State of Iowa, personally appeared -Susan M. Horowitz and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the is ' • . seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. y E. MoCHRI87Y :{ - Notary Mblic in and for the to of Iowa •, I \mar�•mlaero.ees ' t { • is 1911 'rc= 256 ,, Book: 1914.•!age: 294 Seq: 3 Page 4 of 4 I 1 z z g rasa W�Cs�ty I ( p & N0H •E 4� � o•> y t �.ppaSJ'2Y I "j'! (T' Iia •.y a,�yG� ,r�. i t i,4`Q N Oa11b2 Eµ -s•+: �' ""yt' `� l— DUBUQUE i I r _.iiT�!• �idr i,Toi c.._.V ° 1 t S1TiEET '! 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HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Mike Hensch, Ann Freerks, Phoebe Martin, Mark Signs, Jodie Theobald MEMBERS ABSENT: Max Parsons STAFF PRESENT: Sara Hektoen, Karen Howard, Bob Miklo OTHERS PRESENT: Randy Miller, Kevin Hanick, Mary Bennett, Alicia Trimble, Helen Buford, Ginalie Sawim RECOMMENDATIONS TO CITY COUNCIL: By a vote of 6-0 the Commission recommends approval of SUB16-00013, a preliminary plat of The Crossings, an approximately 8.49 -acre, 7 lot, mixed-use subdivision located west of Gilbert Street, between 1st Street and Highway 6, contingent upon resolution of any deficiencies or discrepancies on the preliminary plat. By a vote of 6-0 tho Commission recommends approval of REZ16-00008 an application submitted by Kevin Hanick for a rezoning of approximately 10.26 acres from Interim Development Single Family (ID -RS) to Low Density Multifamily (RM -12) zone for property located north of Scott Boulevard between Hickory Heights Lane and First Avenue with a maximum of 60 units. By a vote of 6-0 the Commission recommends approval of Table 58-4: Sign Specifications and Provision in the CB -2, CB -5 and CB -10 Zones as listed in Staff Report. Freerks called the meeting to order at 7.:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There were none DEVELOPMENT ITEM SUB16-00013 : Discussion of an application submitted by 1201 Gilbert, LLC, 1225 Gilbert, LLC and 1301 Gilbert, LLC for a preliminary plat of The Crossings, a 7 -lot, 8.54 -acre commercial subdivision located west of Gilbert Street, between 1 *t Street and Highway 6. Howard showed a map of the properties and stated that they were recently rezoned to Riverfront Crossings South Gilbert and include the former Pleasant Valley Garden site, the building currently being repurposed for Big Grove Brewery, and the current Alexander Lumber property. The submitted preliminary plat creates a new lot and block Planning and Zoning Commission March 2, 2017— Formal Meeting Page 2 of 12 pattern and provides for dedication of land for a more pedestrian -oriented street network to support the proposed redevelopment of these properties according to the Riverfront Crossings Master Pian. The property is divided into seven lots, lot 'I will encompass the former Pleasant Valley Garden site and is proposed to contain a mixed-use building that will front on Gilbert Street and Highway 6. Lots 1, 2, 5, and 6 will have primary frontage along Gilbert Street. Lots 3 and 4 will have primary frontage along the private pedestrian street portion of 2nd Street and along the public Ralston Creek pedestrian street, represented as Outlet A and B. Lots 3 and 4 will contain multl-family buildings. 2nd Street will be platted as a private street (Outlet G) and will provide vehicular access from Gilbert Street west to a north -south private alley shown as outlois F and H, on the plat. The portion of 2nd Street west of the private alley will be platted according to the private pedestrian street standards in the Riverfront Crossings form - based code. The vehicular portion of 2nd Street will have an 80 -foot ROW to allow for angled or perpendicular on -street parking. The pedestrian street portion of 2nd Street will be 60 feet wide and include a 20 -foot wide sidewalk that will also serve as a fire lane for emergency vehicle access. This pedestrian street will also provide a public pedestrian route to the new Riverfront Crossings Park and to the public trail system along Ralston Creek. The 1st phase of improvements to Riverfront Crossings Park will commence this summer and include trail connections across Ralston Creek at Highway 6 and aligned with the new 2°" Street pedestrian street. Lot 7 has primary frontage on the Ralston Creek pedestrian street, but will likely need to rely on the extension of ist Street, which will be located on the abutting property to the north and outside the boundaries of this subdivision, to provide adequate emergency vehicle access. Development of lot 7 will be restricted until adequate emergency vehicle access can be provided. Howard noted that with regards to compliance with the Comprehensive Plan, Staff believes that this subdivision does comply and is compatible with the future vision of this neighborhood and will likely be a catalyst for further development in the area. The proposed street design meets both the conditional zoning agreement and the Riverfront Crossings Plan. The developer will dedicate outlots C, D, and E along Gilbert Street so that adequate ROW is provided for pedestrian improvements to support the increase in residential density anticipated with this subdivision. ,New sidewalks and street trees will be required within the public ROW as properties redevelop along Gilbert Street or may be installed as a part of a larger City project to improve the Gilbert Street corridor according to the goals of the Riverfront Crossings Master Plan. Ralston Creek is a regulated stream corridor and a 30 -foot stream corridor buffer is required. This buffer (Outlets A and B), will be dedicated to the City and developed as a pedestrian street according to the Riverfront Crossings form -based development code. The developer will be required to provide the trail, sidewalks, streets, alley and other subdivision infrastructure (with the exception of the trail along Highway 6 which is part of the City's park improvement project)_ One of the goals of the Riverfront Crossings Plan is to improvement street corridors for all modes of transportation. One of the ways to improve traffic circulation and safety, including safety for pedestrians and bicyclists is to close unnecessary driveways along arterial street corridors, such as Gilbert Street. The proposed subdivision will result in fewer driveways along Gilbert Street and the new rear alley will provide for cross access between development lots within the subdivision. Howard also noted that the right -in / right -out driveway shown on the concept plan for the subdivision does not meet the City's access management standards. The City has a process to consider exceptions to these rules under certain circumstances. The City Engineer's cfFce has not yet reviewed this request. Howard then discussed that subdivisions usually trigger a neighborhood open space fee. The formula is based on residential density of the underlying zoning district. Since in the Riverfront Planning and Zoning Commission March 2, 2017-- Formal Meeting Page 3 of 12 Crossings zoning districts residential density is not explicitly stated, staff will need to consider how this ordinance applies prior to the final plat of the subdivision. The developer is dedicating approximately 0,5 acres of land with the dedication of the 30 -foot buffer area along the east side of Ralston Creek. In addition, the developer will be constructing a 60 -wide pedestrian street (approximately .33 acres) that will provide public access and open space amenities along a main route to the new Riverfront Crossings Park. Final calculation of the open space requirement and any required fee will be determined at the time of final plat. Howard stated that the applicant has provided stormwater management calculations that indicate that there will be no net increase in stormwater run-off with the redevelopment of the subdivision. In addition, the developer has agreed to include green infrastructure within the 2nd Street pedestrian street, along Highway 6, and along the Ralston Creek pedestrian street to improve water quality before run-off enters Ralston Creek to meet the goals of the Riverfront Crossings Master Plan to use stormwater best management practices to control and cleanse. run-off and to protect Ralston Creek and restore it as a naturally functioning waterway. All necessary storm sewer easements shall be delineated on the final plat. Staff received the most recent revision of the preliminary plat too late for detailed review by engineering and legal staff. However, as only minor discrepancies remain, staff recommends approval of SUB16-00013, a preliminary plat of The Crossings, an approximately 8.49 -acre, 7 lot, mixed-use subdivision located west of Gilbert Street, between 1st Street and Highway 6, contingent upon resolution of any deficiencies or discrepancies. Signs asked if lot 7 would remain open space or is there future development potential there. Howard stated the developer is still exploring what type of building might fit on this lot, but it will not be open space. Signs then questioned on lot 2, behind the brewery, he recalled a mention of an outdoor service area extending all the way to the creek. Howard said that 30 feet from the top of the creek bank is being dedicated to the City of Iowa City as a buffer area, which will be designed as a pedestrian street with a public trail, trees, and pedestrian -scaled lighting. The outdoor service area will be on the private property (lot 2) and will extend up to the new Ralston Creek pedestrian street. Signs also asked about driveway access to Lot 1. He remembered that in an earlier concept there was a new right -out driveway shown from lot 1 directly to Highway 6 and asked whether the developer intended to pursue that option. Theobald asked about the sidewalks on Gilbert Street, noting there is a temporary sidewalk where Big Grove is being developed, but the rest of the sidewalk won't be constructed until the rest of the area is developed. Howard explained that typically in a subdivision the developers don't put the sidewalks in until the building are built. In the case of the brewery, the City has agreed to allow them to continue to use the front parking area with the addition of a temporary sidewalk until Gilbert Street is improved. Freerks opened the public hearing. Randy Miller (representing the subdivision) answered the question from Signs about an exit from Lot 1 onto Highway 6. Miller explained that concept has been abandoned because it is a challenge to get the Iowa DOT to approve such an exit and it is also very expensive. The DOT Planning and Zoning Commission March 2, 2017 — Formal Meeting Page 4 of 12 will only approve if needed due to expected traffic volumes and Miller did not believe that the building being built on Lot 1 would generate enough traffic for the DOT to approve the exit. Hensch asked about the right-inlright-out driveway shown in outlot C. Miller stated that for a mixed use building like what is planned for lot 1, it is important to have a right in/right out driveway to access the commercial businesses there. Signs asked if there is still a potential for a building on the back of Lot 2 in the area along Highway 6. Miller said they are exploring that option, but it would be one of the last buildings they focus on. Freerks closed the public hearing. Hensch moved for approval of SUB16-00013, a preliminary plat of The Crossings, an approximately 8.49 -acre, 7 lot, mixed-use subdivision located west of Gilbert Street, between 1st Street and Highway 6, contingent upon resolution of any deficiencies or discrepancies on the preliminary plat. Martin seconded the motion. Freerks noted that this area appears to be developing in the right direction. Theobald did share her concern about outlot C and the right-in/right-out access drive, and the difficulty of getting out of there and back onto Gilbert Street. She noted that it was problematic for the Pleasant Valley Nursery to have a curb cut in this location. Howard noted that the driveway will not be approved with the plat. This right -in / right -out drive will be reviewed according to the City's access management standards. A vote was taken and the motion carried 6-0. ZONING ITEM REZ16-00008 Discussion of an application submitted by Kevin Hanick for a rezoning of approximately 10.26 acres from Interim Development Single Family (ID -RS) to Low Density Multifamily (RM -12) zone for property located north of Scott Boulevard between Hickory Heights Lane and First Avenue. Miklo noted that the Commission recommended approval of the rezoning of approximately 90.26 acres located north of Scott Boulevard between Hickory Heights Lane and First Avenue from Interim Development (ID -RS) to Low Density Multifamily (RM -12), conditioned on general compliance with the concept plan showing 54 dwelling units, and it will be on the City Council agenda next week. Staff recommended the condition of 54 dwellings because with the RM -12 zoning it could be up to a 100 unit structure, however with the sensitive areas that it would be difficult to achieve that density without extensive grading of the steep slopes and woodland removal. The applicant has requested a modification to the condition to increase the number of units from 54 to 60. The additional units would be created by converting some to the 2 -bedroom units to 1- bedroom units. The overall exterior design and building placement is not proposed to Planning and Zoning Commission March 2, 2017 -- Formal Meeting Page 5of12 change and it would not impact any of the wooded ravine area. Staff recommends approval of the update as it is in the spirit of the original application. Hensch asked if nothing has changed other than the interior layout and Miklo confirmed that is correct. Freerks opened the public discussion. Kevin Hanick added that in developing this project they are still working on the exact floor plans and working with the individual buyers. The conclusion they've come to is that the first two buildings built will convert two units with two bedrooms and a study into two one - bedroom units. This will not affect the footprint of the building, they just realized they didn't have a one -bedroom product and feel they need to include that in their complex. Hensch asked if this change was due to market analysis and Hanick confirmed that when talking with people there is a market for one -bedroom units. Freerks asked that the change is stating from 54 units to 60 units and is wondering if it would be better to have language about a range so the applicant doesn't have to come back if there are future changes regarding units, but that would not impact building footprint. Miklo said that this will allow the applicant to do anything up to 60 units. Freerks closed tho public discussion. Theobald moved to approve REZ16-00005 an application submitted by Kevin Hanick for a rezoning of approximately 10.26 acres from Interim Development Single Family (ID -RS) to Low Density Multifamily (RM -12) zone for property located north of Scott Boulevard between Hickory Heights Lane and First Avenue with a maximum of 60 units. Martin seconded the motion. Dyer noted the adding of one -bedroom units is a good idea. A vote was taken and the motion carried 6-0. CODE AMENDMENTS: 1. Consider an amendment to Title 14, Zoning Code, Chapter 5, Site Development Standards, Article B: Sign Regulations, to allow fascia (building) sign size in the C13-2, C13-5, and CB - 10 Zones to be based on the length of the sign wall. Freerks noted that additional information regarding this item was distributed to the Commission earlier in the day. Howard agreed stating that the images that were supposed to accompany the staff memo were inadvertently omitted from the packet and were forwarded by email. The images provided an example of how the proposed amendment would address signage on a proposed building in Riverfront Crossings, the new Hilton Garden Inn. Howard noted that in October of 2016, The Planning and Zoning Commission considered and approved several amendments to the Iowa City Sign Regulations in order to Planning and Zoning Commission March 2, 2017 — Formal Meeting Page 6 of 12 better implement the recommendations of the Downtown District Storefront and Signage Guidelines and to bring the sign code into compliance with a U.S. Supreme Court decision regarding the regulation of signage. This was a significant revision of the sign code regulations. The new standard for fascia (wall) signs in the downtown area was based on best practices for storefront commercial buildings, which make up the preponderance of buildings in the Central Business Zones. On a typical mixed-use storefront building, wall signs are typically located on the ground level building fagade above the storefront windows. Since buildings are typically built lot line to lot line with little or no side or rear walls visible, the sign allowance was based on the width of the street -facing wall. Prior to the recent updated sign code, the fascia sign allowance was 15% of the sign wall area. With larger, taller buildings becoming more prevalent downtown, there was concern that this standard could allow very large signs on multi -story buildings. The new standard (which was recommended by the design consultants who wrote the Downtown District Storefront and Signage Guidelines) is 1.5 times the length of street facing facade. However, there are proposed buildings and buildings under construction in the Central Business Zones and in Riverfront Crossings that are not typical storefront buildings with only one visible street- facing treetfacing wall. For example, the Hilton Garden Inn at 328 S_ Clinton Street will abut an alley and is taller than adjacent buildings, making visible side elevations that are suitable for fascia signage. Other buildings that could be affected by this limitation are the Chauncey (currently under construction at 404 E. College Street), and The Park@ 201, 201 E. Washington Street. Howard shared renderings of the Hilton Garden Inn to show signage needs. In light of these issues, Howard stated that Staff discussed possible solutions. A simple solution would be to have each side of a building considered separately, with the new standard of 1.5 times the length of the wall apply to each wall rather than just the street - facing wall. In addition, some clarifying language would be added to the provisions for fascia signs to ensure that the location provisions for these types of signs relate to the specific location of the sign. This allows for each building wall to be treated separately (similar to the previous standard) but still controls the size so that overly large signs and signs not proportional to the building wall are eliminated as a possibility. The storefront buildings typical to the downtown area would not be affected by this change but it would allow for adequate and proportional signage on those buildings with more than one visible wall even if those walls are not street facing. Staff recommends that Table 5B -4: Sign Specifications and Provision in the CS -2, CB -5 and CB -10 Zones, its amended asfollows: Fascia Signs 1.5 times the length No longer than 90% of the ettee#-fasiRg of the length of the fiq nn e building f•,,.ade „ R e.8AGI wail. sign wall, sign band, or storefront, whichever is most applicable. Back lit cabinet signs, where the entire face is illuminated, are prohibited. Planning and Zoning Commission March 2, 201.7— Formal Meeting Page 7 of 12 Internally illuminated plastic trip cap letter forms are prohibited. Hensch asked if buildings on corners that want signage on both the front and the side, would this amendment limit their ability. Howard replied it actually increases their ability for signage. Each wall would have a separate sign allowance. Freerks asked about the lighting since the buildings are elevated. Howard said the lighting standard is the same regardless of height and sign size. Freerks opened the public hearing. Mary Bennett (1107 Muscatine Avenue) came forward to speak about the deterioration of the historic neighborhoods and some of these signs (such as on the bank on south Clinton Street) can been seen from quite some distance. The amount of light these signs cause is enormous and should be reconsidered. Pretty soon Iowa City will be full of towers of buildings with signs on all four sides and it will cause people to lose sight of the beauty and character of the city, especially the downtown district. There should be discussions on how bright the signs should be and what it will look like it. Will it obstruct the view of the Old Capital Dome, which should remain the focal point of the City. Freerks closed the public hearing. Hensch moved to approve Table 5113-4: Sign Specifications and Provision in the CB - 2, C13-5 and CB -90 Zones as listed in Staff Report. Signs seconded the motion. Hensch noted that with regards to sign changes he is concerned about what the causation may be and the lighting issue is real and needs attention in future planning. Signs asked staff about the sign on the Midwest One bank (south Clinton Street) and agrees that it is quite large, and does it meet the proposed standards being discussed this evening. Dyer remembered asking Jann Ream and thought she said that it met the standard. Both Howard and Miklo did not know for sure, but would check and report back at the Commission's next meeting. Hektoen noted that this amendment is just about fascia signs, not about rooftop signs. Signs and Dyer noted the Midwest One sign is a fascia sign as weal. Miklo said that sign was installed prior to the most recent amendments being established, so it might be larger than what is permitted today. Dyer asked what the difference was between the remote LED letterset illuminated from inside and intemaily illuminated plastic trim -cap signs, which are prohibited. Howard said there are technical differences and the plastic trim cap letters are larger and bulkier so are more appropriate for auto -oriented street and highway situations rather than the pedestrian - scaled signs more appropriate to the downtown area. Freerks stated she understands progress and things changing but feels it is important to keep an eye on these things so that there doesn't become sign pollution, or take away from Planning and Zoning Commission March 2, 2017 — Formal Meeting Page 8 of 12 the Iowa City charm. A vote was taken and the motion carried 6-0. 2. Consideration of amendments to Title 14, Zoning Code, Chapter 5, Site Development Standards, Article A. Off Street Parking and Loading, to allow the parking requirement to be reduced by the Building Official in certain circumstances, and to allow modification to the structured parking placement standards for non-commercial uses, Miklo stated that in conjunction with the potential development of the parking lot north of City Hall and the preservation of the Unitarian Church, the Council asked Staff to look into this amendment to allow more flexibility in waiving parking for residential uses in a situation like this. Miklo noted in the proposal when an historic landmark is part of the project and the proposal is to preserve that landmark, this amendment would give the Building Official the ability to waive parking requirements that would otherwise be needed for residential development. Miklo stated there are other criteria the Building Official would look at, such as proximity to grocery stores, public parking or transit. An earlier draft would have allowed the amendment under broader circumstance but that was thought perhaps too broad so it has been changed to only apply for preservation of a landmark. Miklo stated the second amendment is related to a liner building around a parking structure. Right now in the 013-5 zone the Code states that the first 30 feet of the property has to be devoted to something other than parking (so there is not parking right up against the street). There is a provision in the recent adopted C13-5 amendments that allows some waiver of that, but this amendment would go further to clarify that it doesn't apply for residential uses. This code requirement is meant to ensure a minimum depth -for commercial uses facing the street, by ensuring any ground -level parking is at least 30 That back from the setback line. Staff is recommending approval of these two amendments. Freerks noted her concern about these amendments, understanding the concept but thinks there needs to be tighter. She reviewed the City Council minutes where this was discussed to try to better understand as well. Freerks questions why this would not be under the purview of the Board of Adjustment, instead of the Building Official. It should be done in the public arena, as some things have impact on the neighbors and should have public comment. Freerks stated she has other concerns and perhaps to defer this item would be best. Hensch asked what the advantage this revised process versus how it is currently handled. Miklo stated that the current process would not allow a complete waiver of the parking, so the Council wanted to provide more incentive to preserve a landmark. Hensch asked if one had to go through the Board of Adjustment, how long would that process take. Miklo said from the time the application is submitted, it is generally a 30 -day process. Freerks questioned that the way the amendment is written, it seems that someone in'a CB -5 could purchase a historical structure and have additional other land and be able to say they will keep the historic structure but state they will have no parking on the other land they will develop. Hektoen said it must all be part of one project, Freerks noted there is no limit Planning and Zoning Commission March 2, 2017 — Formal Meeting Page 9 of 12 stated, it is open ended, as to how much parking can be waived. Freerks also asked if there is a plan for mitigation such as bike parking and/or cover for a bus stop. Miklo said one of the criteria the Building Official would look at is if there are things such as Zip Cars, public transportation, or some means to address the lack of parking. Freerks noted there are five bullet points in the amendment, the first is preservation of historic landmark, which is in the end recommendation as a must, but then it is followed by four other bullet points. She asked if those all must be met as well. Hektoen said this amendment only applies if it is in relation to preservation of a historic landmark designation. Therefore the other bullet points are factors the Building Official will take into consideration if the historic preservation is met. Freerks opened the public discussion Alicia Trimble (Director of Friends of Historic Preservation) is here to speak in favor of this idea and in the case of the Unitarian Church waiving the parking was the only way to save that historic building. Her one concern as a citizen, separate from her job, she is always uncomfortable when power is taken out of a commission or committee and given to one person. Trimble agrees with Freerks that the wording of the amendment could use some tightening so it is clear what the conditions are but overall this is a good idea to have the ability waive all the parking if it is absolutely necessary to save a landmark. Helen Buford stated her main concern is suddenly introducing into an ordinance the right of someone internally to have jurisdiction over a decision that should be in the power of the community and be allowed public address. Mary Bennett (9107 Muscatine Avenue) appreciates the Commissions understanding that this amendment takes away from community involvement. It allows a City staffer to have unlimited and arbitrary power and if someone wishes to appeal the decision would have to pay a fee to do so, which also limits the ability of a property owner or neighbor to make a complaint. Bennett acknowledges that it is all in the language, language is very powerful. In the current Code, it says in specific terms that it will "preserve and protect its historic aesthetic cultural attributes" and that is much more than one building being an historic landmark. It is also important to recognize the surrounding area of that landmark and the context in which it exists. One precious building could be disturbed and therefore ruined of its historical value by something next door. Bennett shared a concern about the density of development currently underway in Iowa City and that is going to create a lot of pressure on the existing parking. She acknowledged that people have long tried to make Iowa City more pedestrian, but the cars are still here, and it is actually very treacherous with this high density to walk in certain areas. Additionally with the high density everyone will be fighting for limited parking spaces. Bennett views this as a 40 year setback to historic preservation of this town and all the old houses that are not in landmark status will be attacked once this provision is enacted. So it should not just be about preservation of an historic landmark, but conservation of aesthetics of the community. This is a very short sided solution to one very specific problem. Ginalie S%Amim (9024 Woodlawn Avenue) is the chair of the Historic Preservation Commission and has two remarks. One, there is no getting around the problem of parking in Iowa City. Secondly, she appreciates the Commission looking at this carefully and working with City Staff on this, but as stated the City Council asked the City Staff to work Planning and Zoning Commission March 2, 2017 — Formai Meeting Page 10 of 12 more closely with the developer to try to come up with a better solution for the development and they did. Saving this landmark church is important to the historic preservation of Iowa City. Freerks closed the public discussion. Signs moved to defer this item until the next meeting. Martin seconded the motion. Freerks requested the following information from Staff prior to the next meeting discussing this item: • A map of areas this amendment could affect, with historic and potential historic structures noted on the map. • She stated she is interested in the Board of Adjustment taking care of these items, not just having it be the decision of the Building Official. These things need to have public input. • She asked if there could be limitations in numbers or percentages on parking spaces, as a governor on this for impact. • The language in the amendment needs to be more clearly stated on what criteria needs to be met for the waiver. • Need for mitigation, bike racks, bus stops, etc. ;k Need clarification on how this fits in with the Downtown/River-front Crossings parking plan. Howard noted that this is covered under the Downtown/Riverfront Crossings parking plan and typically a developer would pay a fee in lieu of parking. The fees are then used to support public parking structures. Freerks stated then with this amendment there would be no fees and therefore could result in a lack of funds to the City. Hensch stated his concern is that Iowa City is a community that wants to have lots of citizen participation and he doesn't want to do anything to impede that. Signs asked if an exception like this cannot be made under current regulations.. Miklo confirmed it cannot_ The Board of Adjustment could waive parking for the building itself, but not for adjacent buildings without charging the impact fee which then may make it financially unfeasible to save.the church building. Martin agreed that it is a concern to have this decided by just the Building Official and having the Board of Adjustment conversation is worth exploring. Theobald agreed. Additionally would like to know what the City is looking at for future parking issues. Freerks noted that with the recent walkability session they all attended, there were ideas (such as rideshare within buildings or bus passes as part of leases) so there are options out there and need to be explored before just taking away parking. Dyer noted her concern is with the amount of development, the current parking structures are not enough to support it. Miklo suggested having the Director of Transportation Services come talk to the Commission about the City's parking/transportation plans and goals. He said it may not be possible to Planning and Zoning Commission March 2, 2017 —f=ormal Meeting Page 11 of 12 schedule that for the next meeting, but we could do it as work session when we have a light agenda. A vote was taken and the motion for deferment carried 6-0. CONSIDERATION OF MEETING MINUTES. FEBRUARY 2 2017 Hensch moved to approve the meeting minutes of February 2 2017 Signs seconded the motion. A vote was taken and the motion passed 6 -0 - PLANNING AND ZONING INFORMATION: None. ADJOURNMENT: Theobald moved to adjourn. Martin seconded. A vote was taken and motion carried 6-0. XXcm I X X X Lu � xxxxxXx �XXXxxxx T ui ,Xxxxxxx CXXXbXXx r rxXxxxox r a E�Ixxxoxxx r axxxXXXx T" X X x x X X X IXx>Cxxxx Irl 1�!xx0xxx LLI h� X x x x X X Xxxxxxx rn 9"x6xxxxx o X X X X X x x r xxXxx i x 4T xXXX [ X ti mXxXxo ; x � i z m X o Q Y O Y -) V�tcn IL Yi2 Oz LL dW •F .. 00 3 CD (n fn ID LD (a 03 -L cs CD N u N co 3 0 N L i co FA W c� fU N N w cO N 0.7 Q O J N (O fA K 19 saw co 'kn a ,I 1 � 1 � 3 wr �, %� Date: June 28, 2019 CITY OF IOWA CITY MEMORANDUM To: Geoff Fruin; City Manager From: Kent Ralston; Transportation Planner Re: The Crossings Phase Three — Traffic Concerns J:kq, % Late Handouts Distributed (Date) At their June 20, 2019 meeting, several members of the Planning & Zoning Commission raised concerns with respect to the additional traffic generated from The Crossings Phase III development and its effect on overall traffic circulation. The Phase III preliminary/final plat application would incorporate the lot currently known as 227 E. 1st Street into the previously approved Phase 1111 final plat approved by Council in July 2017 (attached). The estimated build- out of the previously approved rezoning and final plat is (217) 1 -bedroom units. With the addition of 227 E. 151 St., the applicant estimates an additional (6) 1 -bedroom units. Using the Institute of Traffic Engineers Trip Generation Manual (90"' Edition), staff estimates that the total traffic generated by the additional (6) units would only add approximately 33 trips per day to/from the site; for a total of approximately 1,200 trips per weekday from tots 3, 4, 6, and 7. For comparison, Highland Avenue (just south of the development) had approximately 3,700 trips per day entering/existing Gilbert Street in 2010 (Iowa DOT). In 2018, Gilbert Street had an average daily traffic count of approximately 13,900 near E. 11, Street and approximately 15,600 near Hwy 6 (Iowa DOT). Given that the theoretical capacity of a four -lane arterial street is conservatively more than 26,000 trips per day, the additional traffic generated by the development alone will not over -burden Gilbert Street as currently constructed. Because the development cannot access E. 151 Street at this time, all trips generated from Lots 3,4,6 and 7 will necessarily use E. 2n, Street or the previously approved public access easement to a driveway on lot 2 for ingress/egress to Gilbert Street. While it would be preferable for the development to also have access to E. 111 Street, the existing two access points should provide adequate traffic circulation until the additional connection can be made. The development (as proposed) would also close an existing driveway between E. 15t and E. 2"d Streets on Gilbert Street. Closing and consolidating driveways along Gilbert Street will improve vehicle, bicycle, and pedestrian level -of -service and safety by minimizing the number of conflict points. Closing and consolidating driveways and acquiring additional right-of-way will also allow for flexibility of future reconstruction of this portion of Gilbert Street to include on -street parking and dedicated left -turn lanes as envisioned by the adopted Riverfront Crossings Master Plan, and allow for dedicated on -street bicycle facilities to be contemplated. Maintaining or adding private driveways along the corridor would severely limit these opportunities with future reconstruction. Given the information provided above, staff identifies no major transportation impacts by the proposed Crossings Phase III development. Iowa City Fire Department 410 E. Washington Street — Iowa City, IA 52240-1821 Phone: 319.356.5260 www.icgov.org To: Geoff Fruin, City Manager From: Brian Greer, Fire Marshal Date: 6/28/19 Subj: Memo re The Crossings Phase 3 At a meeting on June 27, 2019 regarding The Crossings- Phase 3 rezoning, the topic of fire department access to the proposed building(s) was presented. While this question would be answered when the site plan is reviewed, looking at the Illustrative Exhibit of The Crossings - Phase Three, it appears that access to the building on Lot 7 and other proposed buildings on the exhibit meet adopted codes of Iowa City related to fire apparatus access roads. This is only a preliminary response related to the subject using the attached exhibit, and a more detailed review of the site plan would follow when rezoning is approved. The fire department currently has no issue related to access as shown on the exhibit and reserves the right to review and make a final decision when a more complete site plan is available. ILLUSTRATIVE EXHIBIT THE CROSSINGS - PHASE THREE IOWA CITY, IOWA G:\10456\10456-002\11 M M S CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsuItants.net Date Revision ILLUSTRATIVE EXHIBIT THE CROSSINGS - PHASE THREE IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC Date: 04-18-19 Designed by: Field Book No: KJ B Drawn by: Scale: JDM 1"=50' Ghecked by: Sheet No: 1 Project No: IC 10456-002 of: 1 PRELIMINARY PLAT THE CROSSINGS PHASE THREE A RESUBDIVISION OF LOT 6 AND OUTLOT H OF THE CROSSINGS PHASE TWO AND A PART OF LOTS 1 AND 2 OF BLOCK 3 OF COOK, SARGENT AND DOWNEY'S ADDITION IOWA CITY, IOWA an i� 0 4 10 20 30 40 GRAPHIC SCALE IN FEET 1"=40' 111 11 II X111, j1 1 1111 �I I 1 III 1 IIIIIII' I r1j1/ 111/11 1111�1 /X111 1111, 1III!I Ill%111IIII 111111111111,. 11111�1/1I �I a � / 1 11 1111111 1/11 1111 1 1 1 1 1111111 I � 1111 GO 1 1 CID I I I I I i l 111 1 1 I I I 1 1 1 II I i I� PLAT PREPARED BY: OWNER/APPLICANT: APPLICANT'S ATTORNEY: MMS CONSULTANTS INC. PARADIGM PROPERTIES, LLC. TIMOTHY S. GRADY 1917 S. GILBERT STREET 3855 LOCUST RIDGE RD NE 222 S. LINN STREET IOWA CITY, IA 52240 NORTH LIBERTY, IA 52317 IOWA CITY, IA 52240 DESCRIPTION - PRELIMINARY PLAT Beginning at the Southeast Corner of Lot 6 of The Crossings Phase Two, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 141 of the Records of the Johnson County Recorder's Office; Thence S88°3743"W, along the South Line of said Lot 6, and the South Line of Outlot "H" of said The Crossings Phase Two, a distance of 118.00 feet, to the Southwest Corner of said Outlot "H"; Thence N01'00'1 2"W, along the West Line of said Outlot "H", a distance of 283.56 feet, to the Northwest Corner thereof; Thence N88'40'1 6"E, along the North Line of said Outlot "H", the North Line of said Lot 6, and the North Line of the Tract of Land Conveyed by Warranty Deed, as Recorded in Book 5657, at Page 875 of the Records of the Johnson County Recorder's Office, 158.00 feet, to the Northeast Corner thereof, and the Northeast Corner of Block 3 of Cook Sargent and Downey's Addition, in accordance with the Recorded Plat thereof; Thence S01 °00'12"E, along the East Line of said Conveyed Tract, and the East Line of said Block 3, a distance of 79.64 feet, to the Southeast Corner of said Conveyed Tract; Thence S88°40'16"W, along the South Line of said Conveyed Tract, 40.00 feet, to the Northeast Corner of said Lot 6; Thence S01°00'12"E, along the East Line of said Lot 6, a distance of 203.84 feet, to the Point of Beginning. Said Tract of Land contains 36,640 square feet (0.84 Acre), and is subject to easements and restrictions of record. ED [:)LOCK:ARGE 12 COOKP =r Amn rl nnVVrrK\flrfW, /AnnH 7Hnr� I PLAT/PLAN APPROVED by the City of Iowa City City Clerk Date: UTILITY EASEMENTS, AS SHOWN HEREON, MAY OR MAY NOT, INCLUDE SANITARY SEWER LINES, AND/OR STORM SEWER LINES, AND/OR WATER LINES : SEE CONSTRUCTION PLANS FOR DETAILS. THE CROSSINGS PHASE THREE IOWA CITY, IOWA � I I � W VJ �- Cy J I Z In :5 I I a 0 9� U � � I- N I r I r KIRKWOOD AVE i E 1STSTST I RIVERrRONT F I CROSSINGS 1 c PARK W r m J rN E 2ND ST rrr.� E 3RD ST Ems_, " — LOCATION MAP NOT TO SCALE am M FkA !9 CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date Revision 05-24-19 PER CITY REVIEW -JDM 05-30-19 CITY STAFF COMMENTS -JDM PRELIMINARY PLAT THE CROSSINGS PHASE THREE A RESUBDIVISION OF LOT 6 AND OUTLOT H OF THE CROSSINGS PHASE TWO AND A PART OF LOTS 1 AND 2 OF BLOCK 3 OF COOK, SARGENT AND DOWNEY'S ADDITION IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. STANDARD LEGEND AND NOTES Date: 04-25-19 - PROPERTY &/or BOUNDARY LINES Designed by: — — - CONGRESSIONAL SECTION LINES ------------- - RIGHT-OF-WAY LINES — - - - — - - - — - - - — - EXISTING RIGHT-OF-WAY LINES Scale: — - CENTER LINES 2H10� Z7 �� — - EXISTING CENTER LINES 1"=40' - LOT LINES, INTERNAL Sheet No: - LOT LINES, PLATTED OR BY DEED — — — — — — — — - PROPOSED EASEMENT LINES ------------ - EXISTING EASEMENT LINES $r - BENCHMARK (R) - RECORDED DIMENSIONS 22-1 - CURVE SEGMENT NUMBER -EXIST- -PROP- - POWER POLE - POWER POLE W/DROP - POWER POLE W/TRANS - POWER POLE W/LIGHT $ $c - GUY POLE # - LIGHT POLE O - SANITARY MANHOLE �o - FIRE HYDRANT s �Oo � - WATER VALVE OO ® - DRAINAGE MANHOLE iiw ❑ - CURB INLET X X - FENCE LINE ( - EXISTING SANITARY SEWER (( - PROPOSED SANITARY SEWER - EXISTING STORM SEWER :< - PROPOSED STORM SEWER W - WATER LINES E - ELECTRICAL LINES T - TELEPHONE LINES G - GAS LINES - - - - - - - - - CONTOUR LINES (1' INTERVAL) - PROPOSED GROUND - EXISTING TREE LINE EXISTING DECIDUOUS TREE & SHRUB - EXISTING EVERGREEN TREES & SHRUBS THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE APPROVAL OF THIS DOCUMENT. am M FkA !9 CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date Revision 05-24-19 PER CITY REVIEW -JDM 05-30-19 CITY STAFF COMMENTS -JDM PRELIMINARY PLAT THE CROSSINGS PHASE THREE A RESUBDIVISION OF LOT 6 AND OUTLOT H OF THE CROSSINGS PHASE TWO AND A PART OF LOTS 1 AND 2 OF BLOCK 3 OF COOK, SARGENT AND DOWNEY'S ADDITION IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. L___-___-_ Date: 04-25-19 Designed by: Field Book No: KJB Drawn by. Scale: 2H10� Z7 �� JDM 1"=40' Checked b KJB Sheet No: Project No: IOWA CITY — 10456-002 of: 1 W FOR COUNTY RECORDER'S USE ,� 0 5 25 50 GRAPHIC SCALE IN FEET 1 "=50' Notes on this plat are not intended to create any vested private interest in any stated use restriction or covenant or create any third party beneficiaries to any noted use restriction or covenant. :.AIH, \ I(), —nu/\lug—uniF.,l1 >//'/i, l'1 /_5/ ill Pd LOCATION: SUBDIVIDER: i PARADIGM PROPERTIES LLC 3855 LOCUST RIDGE ROAD NE NORTH LIBERTY, IOWA 52317 SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL SUBDIVIDER'S ATTORNEY: TIMOTHY S. GRADY MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. i 222 S. LINN STREET O / LAND SURVEYOR: / embossed with "MMS" ) JAMES E. LICHTY P.L.S / MMS CONSULTANTS INC. PARADIGM PROPERTIES LLC i 3855 LOCUST RIDGE ROAD NE IOWA CITY, IOWA, 52240 / PHONE: 319-351-8282 DOCUMENT RETURN INFORMATION: - LOT LINES, INTERNAL DATE OF SURVEY: LAND SURVEYOR — — — — — — — — 04-22-2019 ----------------- _ EXISTING EASEMENT LINES, PURPOSE NOTED (R) - RECORDED DIMENSIONS ( - MEASURED DIMENSIONS C22-1 - CURVE SEGMENT NUMBER / / / i / / / / / LOCATION: SUBDIVIDER: A PORTION OF BLOCK 3 OF COOK, SARGENT, AND DOWNEY'S ADDITION, AND LOT 6 OF THE CROSSINGS PHASE TWO, IN THE NORTHEAST QUARTER OF THE PARADIGM PROPERTIES LLC 3855 LOCUST RIDGE ROAD NE NORTH LIBERTY, IOWA 52317 SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL SUBDIVIDER'S ATTORNEY: TIMOTHY S. GRADY MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. • 222 S. LINN STREET O IOWA CITY, IOWA 52240 LAND SURVEYOR: PROPRIETOR OR OWNER: embossed with "MMS" ) JAMES E. LICHTY P.L.S - CUT "X" MMS CONSULTANTS INC. PARADIGM PROPERTIES LLC 1917 SOUTH GILBERT STREET 3855 LOCUST RIDGE ROAD NE IOWA CITY, IOWA, 52240 NORTH LIBERTY, IOWA 52317 PHONE: 319-351-8282 DOCUMENT RETURN INFORMATION: - LOT LINES, INTERNAL DATE OF SURVEY: LAND SURVEYOR — — — — — — — — 04-22-2019 ----------------- � a 10 Fall 0 il will'all I THE CROSSINGS PHASE THREE -- I oL 0 C K 2 00 �° D C�00�9 �SQ�C�� QUID DOMHEVIS ADINTUM IOWA CITY, JOHNSON COUNTY, IOWA EAST I ST STREET N88'40'16"E 158.00' 30.100' 88.00 �� C,)40.00' NORTHEAST CORNER OF oO ftANP OF GOOK, SARGENT, C3 L) W cJo AND DOWNIN6'6 ADDITION TO p OT v J IOWA CITY, IOWA EXISTING 15.0 I A �`? _ m W^ o 0T 7 I– WARRANTY DEED A5 G) O 0 0o O p UTILITY EASEMENT I n REWORDED IN PEEP 5657 rr1 O n M AT PAGE 875 OF THE n m oo N REGGRDS OF THE O – v —� O m OI r- JOHNSON COUNTY j m RECORDER"S OFFICE m y CIS m N �I� I� Oo (� 12 N w O 1 cW° N 40.00'(R)(M) THE C�0SS��GS °'- i1 coC: � S88'40'16"W 00 VU PHASE TM URI - 10 o PD IN IN ACCORDANCE WITH THE PLAT THEREOF O I - L RECORDED IN PLAT BOOK 61 AT PAGE 141 OF O THE RECORDS OF THE Ja1-IN50N Ca/NTY �� I O — - RECORDER'S OFFICE LOT N z rn-------- vv �A��} I o I � LOT 1 L 24,948 SF O 0.57 AC �� 0 cc= N N \r -V o 00 it UTILITY 1 TY EASEMENT LOT � 10F 88.00' BEGINNING 30!00 118.00'(R)(M) S88'37'43"W -------------- -,----------------------; --- T- I I OUTLOT ILII 1 I II iI UTEXISTING 15.0" I ILITY EASEMENT EAST 20 THE C FD)088�[MGS F , I � I I I I ' PHASE TM0 LOT 3 IN ACCORDANCE WITH THE PLAT THEREOFLOT 5 RECORDED IN PLAT POCK 61 AT PAGE 141 OF I THE REGORP" OF THE JOHNSON COUNTY RECORDER'S OFFICE L_EGEN D AND NOTES - CONGRESSIONAL CORNER, FOUND ® - CONGRESSIONAL CORNER, REESTABLISHED - CONGRESSIONAL CORNER, RECORDED LOCATION • - PROPERTY CORNER(S), FOUND (as noted) O - PROPERTY CORNERS SET (5/8" Iron Pin w/ yellow, plastic LS Cap embossed with "MMS" ) ® - CUT "X" - PROPERTY &/or BOUNDARY LINES - CONGRESSIONAL SECTION LINES - - - — - - - — - - - - RIGHT-OF-WAY LINES - CENTER LINES - LOT LINES, INTERNAL - LOT LINES, PLATTED OR BY DEED — — — — — — — — — — EASEMENT LINES, WIDTH & PURPOSE NOTED ----------------- _ EXISTING EASEMENT LINES, PURPOSE NOTED (R) - RECORDED DIMENSIONS ( - MEASURED DIMENSIONS C22-1 - CURVE SEGMENT NUMBER UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS I CERTIFY THAT DURING THE MONTH OF APRIL, 2019, AT THE DIRECTION OF PARIDIGM PROPERTIES, LLC, A SURVEY WAS MADE UNDER MY SUPERVISION OF A PORTION OF BLOCK 3 OF COOK, SARGENT, AND DOWNEY'S ADDITION, AND LOT 6 AND OUTLOT "H" OF THE CROSSINGS PHASE TWO, IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Southeast Corner of Lot 6 of The Crossings Phase Two, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 141 of the Records of the Johnson County Recorder's Office; Thence S88°37'43"W, along the South Line of said Lot 6, and the South Line of Outlot "H" of said The Crossings Phase Two, a distance of 118.00 feet, to the Southwest Corner of said Outlot "H"; Thence N01°00'12"W, along the West Line of said Outlot "H", a distance of 283.56 feet, to the Northwest Corner thereof; Thence N88°40'16"E, along the North Line of said Outlot "H", the North Line of said Lot 6, and the North Line of the Tract of Land Conveyed by Warranty Deed, as Recorded in Book 5657, at Page 875 of the Records of the Johnson County Recorder's Office, 158.00 feet, to the Northeast Corner thereof, and the Northeast Corner of Block 3 of Cook Sargent and Downey's Addition, in accordance with the Recorded Plat thereof; Thence S01 °00'12"E, along the East Line of said Conveyed Tract, and the East Line of said Block 3, a distance of 79.64 feet, to the Southeast Corner of said Conveyed Tract; Thence S88°40'16"W, along the South Line of said Conveyed Tract, 40.00 feet, to the Northeast Corner of said Lot 6; Thence S01 °00'12"E, along the East Line of said Lot 6, a distance of 203.84 feet, to the Point of Beginning. Said Tract of Land contains 36,640 square feet (0.84 Acre), and is subject to easements and restrictions of record. I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I a ly licensed Professional Land Surveyor under the laws of th.QQt of Iowa. .• cv JAMES E. <<,_ JAMES E. EIGHTYv =� P.L.S. N 2 UCM =� _ 13287 _ 1ic n e r n wall d e ber 31, 20 /ianinm0ilmlio� ae r s eets covered by this seal: SEAL Signed before me this ----- day of --------- ,20--_ . Notary Public, in and for the State of Iowa. _ PLAT/PLAN APPROVED by the City of Iowa City City Clerk Date: UTILITY EASEMENTS, AS SHOWN HEREON, MAY OR MAY NOT, INCLUDE SANITARY SEWER LINES, AND/OR STORM SEWER LINES, AND/OR WATER LINES; SEE CONSTRUCTION PLANS FOR DETAILS. UTILITY EASEMENTS, AS SHOWN HEREON, ARE ADEQUATE FOR THE INSTALLATION AND MAINTENANCE OF THE FACILITIES REQUIR- ED BY THE FOLLOWING AGENCIES: MIDAMERICAN ENERGY CO. Date: CENTURYLINK Date: MEDIACOM Date: 20— TOTAL AREA 36,640 SF 0.84 AC RA RA !9 CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date I Revi51on 05-28-2019 PER CITY REVIEW - RLW 05-29-2019 PER CITY JEL - RLW FINAL PLAT THE CROSSINGS PHASE THREE A PORTION OF BLOCK 3 OF COOK, SARGENT, AND DOWNEY'S ADDITION, AND LOT 6 AND OUTLOT H" OF THE CROSSINGS PHASE TWO, IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date: 04-24-2019 Designed by: Field Book No: KJB Drawn by: Scale: RLW 1 "=50' Ghecked by: Sheet No: JEL Project No: IOWA CITY 10456-002 of: 1 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION J U N E 6, 2 019 — 7:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: STAFF PRESENT: Sara Hektoen, Ray Heitner, Anne Russett OTHERS PRESENT: Randy Miller, Kirsten Frey, Lloyd Baumgartner, Greg McDonald, Sandy Steil, Keith Wiggan CASE NO. SUB19-4: Applicant: Paradigm Properties LLC Location: Southwest corner of E. 1 st Street and S. Gilbert Street An application submitted by Paradigm Properties LLC for a Preliminary Plat for a resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and Downey's Addition located at the southwest corner of E. 1 st Street and S. Gilbert Street. Heitner began the staff report with an aerial map of the project site as well as a current zoning map of the subject properties, noting the area in the northeast currently zoned as CI -1 is in the process of being rezoned into Riverfront Crossings — South Gilbert District. Heitner noted this proposal is the third phase of The Crossings development, and the parcel is currently undergoing rezoning to Riverfront Crossings — South Gilbert District. This subdivision will combine this newly acquired lot with Lot 6 and Outlot H from Phase Two of the development and the properties to the south and the west were rezoned to Riverfront Crossings — South Gilbert District in 2015 and 2016. Heitner noted there are some conditions on the rezoning that is in process right now as stated by the Planning and Zoning Commission are: 1. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2. The developer shall dedicate 40' of right-of-way along the west side of the S. Gilbert St. frontage to the City. Heitner stated the subject project is in the Riverfront Crossings — South Gilbert District and the Comprehensive Plan states this area is to be used for higher density development, ideally consisting of mixed-use buildings fronting along South Gilbert Street. He showed a view of the preliminary plat to show it is one lot straddled by two outlots. Outlot A is part of the 40' right-of- way dedication, Outlot B (termed as Outlot H in Phase Two) will contain a north/south alley to provide access to the mixed use building on Lot 1. This subdivision is a continuation of efforts from Phase 2 incorporating the lot at 221 East 1St Street, per the Downtown and Riverfront Crossings Master Plan 8' wide sidewalks are required along the South Gilbert Street and East 1St Street frontages. Parking along East 1 St Street will not be allowed until more right-of-way is acquired on the north side, it was noted on the preliminary plat the existing driveway off South Gilbert Street will be closed off to traffic and will create a continuous block between East 15t and East 211 Streets. Heitner noted there is a neighborhood open space requirement which calls for 0.06 acres of open space or fees in lieu. Staff recommends approval of SUB19-4, an application submitted by Paradigm Properties LLC for a Preliminary Plat for a resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and Downey's Addition located at the southwest corner of E. 1st Street and S. Gilbert Street. Next steps: pending recommendation of approval of the preliminary plat from the Planning and Zoning Commission, the City Council will consider approval of the preliminary and final plats. Dedication of right-of-way off East 1st Street will be required at final platting. The mixed- use building that will be located on Lot 1 will be subject to administrative Design and Site Plan Reviews. Dyer asked if the Commission is approving the preliminary plat how can Council approval the final plat without the Commission seeing the final plat. Russett noted Council will not approve the final plat until they receive a recommendation from Planning & Zoning of the preliminary plat and will act on the preliminary plat and final plat together. Hensch asked if staff anticipated any substantial changes from the preliminary plat to the final plat. Russett confirmed they do not. Hensch opened the public hearing. Randy Miller (Paradigm Properties, LLC) came forward to answer questions. Dyer asked if they are proposing to build a third apartment building and a commercial building on Gilbert Street. Miller replied it would be a mixed-use, commercial and residential. Dyer noted from the diagram the Commission received there is no idea where the buildings will be located. Miller said the buildings will be similar to what is constructed now at 1301 Gilbert Street, where Pleasant Valley Nursery was. Dyer noted frustration to not see any images of buildings when these applications come before the Commission. Miller noted they are just asking for the rezoning/preliminary plat at this time and the building will be discussed at the design review per Code. Dyer noted the Commission is the only representatives of the public that can look at a building plan and should be awarded that opportunity. Kirsten Frey (Attorney with Shuttleworth & Ingersoll) is speaking on behalf of Lloyd and Ruth Baumgartner who own the property known as Aero Rental and her clients have been in business more than 50 years in the Iowa City community helping the community members in this area celebrate birthdays, weddings, graduations, home remodeling, etc. and have enjoyed the opportunity to do so. They have recently begun to feel there business in not welcome in Iowa City partially because of the rezoning of this area has made it clear the area will be redeveloped as part of the Riverfront Crossings area and a business of their type is no longer envisioned as part of that area. Frey noted her clients are not naive, they understand the community development process, they understand the Comprehensive Plan process and what went in to all the development of that process, however the development of the Comprehensive Plan does not require businesses to move out immediately, it doesn't require them to stop doing their business and in fact the Comprehensive Plan specifically indicates the City and developers should implement tools and strategies to help existing businesses remain in the area until such time they choose to leave, or if they choose to leave to help assist them to find new properties for their businesses. Frey stated that has not been done in this situation. The City and the developers who are helping the City implement their vision for the area hasn't assisted or enabled her client to continue its businesses readily and the development in this area has significantly damaged her client. As a result Frey is here on behalf of her clients to resist this application at this time. They recognize in time the area will be developed in this manner but they have significant concerns about the subdivision approval right this minute. It is important to note looking at this subdivision plat East 1St Street is not a through street, East 1St Street terminates 40 yards past the Gilbert Street right-of-way. It only goes in 120 feet. Beyond that is property owned by the Baumgartner's. Frey notes this is important because Outlot B which is referenced as the existing area where easements will go through and access will be achieved cannot be accessed without crossing her client's property. Additionally, a lot of the development that has occurred in this area has used an existing easement, sanitary sewer easement, the City owns down by the creek. The difficulty for her client is that easement was given to the City for the maintenance of their utilities, it was not to be used for redevelopment of the entire area. This is significant because the easement requires the City to repair and fill in any trenches and fills as soon as possible, it requires them to replace any disturbances they utilize as quickly as possible, and allows her client to have the full use of his property limited only by the City's rights. The difficulty with this is the easement area has been torn up since September of last year, there have been open trenches in the area for over 10 months, there has been concrete on her client's property that has been removed, there have been fences removed, the area has been significantly disturbed for a significant length of time which has adversely impacted her client's business and ability to do business on their property. All of this has been done with no compensation provided to her client. Frey feels the Commission needs to be aware of this and if this development intends to proceed some provisions need to be made or required that don't entitle a developer to utilize her client's property for its benefit without compensation to her client. Frey noted it is also significant for the Commission to understand her client's business does involve equipment in the area and her client has significant safety concerns regarding the lack of fencing and lack of concrete as they are driving semi -trucks and forklifts without fences or barriers in the area. Lastly Frey mentioned is her client's significant concern regarding the safety intentions of this intensive of development without the municipal infrastructure in place to support it. Clear back in 1998 the City issued a South Gilbert Street Commercial Corridor Traffic Safety Study which indicated the South Gilbert Street area was a significant safety concern with respect to traffic and was concerned about the number of accesses onto South Gilbert Street and the density of the uses. Frey recognizes and acknowledges as part of the subdivision plan staff indicates they will be closing on access point onto South Gilbert Street, but this will be a significant dense property in an area that does not have the infrastructure to handle it at this time. There is no on -street parking in the area, the City has indicated there will be no on -street parking on East 1 sl Street, and that leads her client to believe parking will take place on his property. This will happen because it is not clear to many that East 1 sl Street ends 120 feet in, but also because her client already deals with cars parking in the area from as far away as the brewery. If significantly more apartments are added and more density before having the adequate infrastructure to handle those parking needs, her client's business will continue to be adversely affected. Frey noted her client understands the development in this area in this manner is probably inevitable, he realizes it is going to happen, but it seems appropriate, prudent, and required by the Comprehensive Plan, that it be done in a way that recognizes the rights of existing business owners and features be put in place so that businesses that are a very valuable and important part of this community are not driven out for the sake of some more apartments. Baker asked if these concerns were expressed to staff before. Frey noted that yes her clients have participated in conversations about this area. Hensch asked if the Baumgartner's have been in touch with City staff to address the issues about the open trenches and broken concrete on the property. Frey stated they have and also acknowledge this was a difficult winter that maybe made things go a little bit slower than they otherwise might have. She stated her client commented that the City staff they have dealt with, and the developer staff they have dealt with, have been pleasant people, they enjoy working with them, they don't have any personal animosity or bias with any of the individuals, they just feel like they are bearing the brunt and the negative impact. Signs asked for clarification on the map where the easement area is located. Frey shared a map of the area. Lloyd Baumgartner (owner, property Aero Rental) is here with his wife Ruth and daughter Becky. He noted they have a winter home in Arizona and by the time they got back to Iowa the notices the City sent out were not seen in time to attend the last meeting regarding the rezoning. He stated he is really concerned about the safety factor on Gilbert Street because in 1998 there was a big study and it showed all the problems and noted all the accidents Baumgartner said they were proactive and hired a contractor to cut the corner of his building off so people could see around it. He stated they love the City and are proud to be part of the community. Baker noted it is a lot of information to take in and asked Frey to submit a written version of the concerns for the Commission to review. He noted he isn't comfortable voting on this issue tonight. Baker also would like to know if these issues have been discussed with staff, what the responses were. Dyer asked who took the fence down. Frey said it was taken down for better access to the easement area to do work in that area. Martin asked if staff has record of the communication they may have had with the Baumgartner's. Russett said she has not had any discussions with Frey, assumes she spoke with the Department of Public Works. Frey noted she was just retained by her clients yesterday so she has not spoken to anyone in the City. Miller responded to some of the statements, noting he felt blindsided, as they have been in contact on a weekly basis, the fence they took down was actually put up by the City and while they took it down temporarily they are ready to put it back up and repave everything. With the high water the Public Works would not let them finish the project. That link is removing the pipes for the new park and for the City part of the project, not his development. It is an easement and that is what it is designed for. He added East 1St Street will not go through Outlot B because it would have to cross their property and they will not be doing that. Miller said they have been working with staff on this project and is very surprised to hear the concern now. Hensch asked if Miller has heard any of the complaints raised tonight before. Miller replied no, any complaints they were ever made aware of they immediately rectified. Dyer asked if they held a Good Neighbor Meeting. Miller said they did hold one on Phase 1 of the project but not on this phase because there had been no prior objections. Greg McDonald has the building on the corner of Kirkwood and Gilbert across from Aero Rental and wanted to note the mention of parking is an issue for the area. He asks that they make sure the parking is adequate for this development. He has 52 parking places in his parking lot, and he has had people parking in his lot to walk down to Big Grove. He said to introduce that many more apartments with no street parking anywhere in the area is a problem. He already has a problem with other apartments in the area that charge so much per month for parking that the students are just parking in his lot. He just wants to make sure discussion is had on adequate parking. There is nowhere to park except on private property. Miller noted that all the residents of the apartment buildings have parking in their buildings, underground, and the lot where Alexander Lumber was had 70 spaces, when they finish with the last phase there will still be 66 spaces. He also noted there is actually street parking on the east side off Gilbert Street on 1St and 2nd Streets. Miller notes he provides parking for his structures, if there are complaints regarding parking at a certain business that should be addressed with that business. Hensch closed the public hearing. Baker moved to recommend approval of SUB19-4, an application submitted by Paradigm Properties LLC for a Preliminary Plat for a resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and Downey's Addition located at the southwest corner of E. 1st Street and S. Gilbert Street. Signs seconded the motion. Hensch asked if the parking proposed with this new development complies with the City Code. Russett stated it will be required to comply before final site plan is approved. Russett is not sure what the exact requirement is but since this area is in the southern part of Riverfront Crossings the parking ratio is a bit higher than when it is closer to downtown and there are no opportunities for reductions through payment of fees in lieu. Dyer stated the point about parking there now is well taken, that parking area any evening is full, so visitors to these apartment buildings will not have space to park. Martin acknowledged the parking issues was discussed at the rezoning application as well and the comment about municipal infrastructure first is well received. She added there has been a lot brought to the Commission's attention that gives her pause and not wanting to make a decision tonight. Signs agreed and noted he has been concerned about parking all throughout the phases of this development. He is also very concerned about East 1St Street and the outlot and the funneling of traffic will be problematic. Baker agrees and wants to take some time to digest all the information received this evening. Dyer noted she went to Red Ginger last weekend and there was no place to park in the Red Ginger lot but Red Ginger was not full. Townsend noted her concern was the access on and off Gilbert Street, it is a very busy street and intersection at all times of the day. Hektoen noted this application is at the platting stage, not the zoning stage, the Commission does not have the authority to require things such as additional parking. However concerns regarding circulation are within the realm of the Subdivision Code. Hensch noted this is the third time the Commission has seen a development in this area, parking is a concern but is being addressed by the Code, during a construction process everything is messy, things are done yet so it may be cramped, but plans are in place to resolve most if not all these issues. He added there are improvements planned for South Gilbert Street, although unsure of when. He is sympathetic to the Baumgartner's and has been a customer many times, it is tough when someone comes forward the day of a meeting and expects everything to stop. Notices were sent, it's unfortunate they were out of state, but that is the process. What the Commission is being asked tonight is to approve a map and Hensch feels it is straightforward. The issues with parking or use of the area should be addressed with City Council. Parsons agrees with Hensch, as long as the developer meets Code and required parking for his development they cannot hold this project for parking concerns the developer cannot control. Martin acknowledged their points but stated she cannot ignore the new information received this evening. Yes it was received late in the process but it should be discussed and staff given a chance to reply and help find resolutions. Hensch noted the sense of the Commission is to deny this application and wondered what the next step would be. Hektoen stated the applicant could still move forward with the application to Council. Hensch feels that even with the new information received this evening, it does not change the facts of the application and even if the applicant is willing to defer there is no new information that will change the facts of the application. Signs noted he has voted in favor of the past applications with his reservations regarding parking, but his biggest issue with this application is the alley on Outlot B only having one exit. That alley is drawing from potentially three or four buildings. Signs feels they have seen drawings in the past that showed that north/south alley exiting out to the street, but since it won't that is concerning to him. Having all those cars in this development using just one driveway will not work. Russett noted with the current plat approved for this area Outlot H (now being named Outlot B) goes all the way up to the Baumgartner's property and dead ends there. The lack of connection that is concerning has always been there. Baker said he asked for more time and information because the information presented this evening as an objection to the subdivision was a new perspective to him he has not able to be fully absorbed factually. It quite possibility may not change his view on the application once absorbed but feels there is a justification for taking the time to confront the issues raised this evening by the objector. Dyer also noted no Good Neighbor Meeting was held. Hensch asked if Miller objected to a deferral. Miller noted he would not be happy, he would not have bought the Grooming Den. Also Lot 1 is already approved so he can put up a building there right now. This plat was just to better bring the whole area together and not leave the little corner off by itself. Baker moved to withdraw his motion. Signs seconded the withdrawal. Baker moved to defer this application to the June 20, 2019 meeting. Signs seconded the motion. Parsons doesn't feel the deferral is necessary and none of the facts of the application will change in the two week period. Hensch agreed. A vote was taken with four in favor (Baker, Signs, Martin, Dyer) and three dissenting (Parsons, Hensch, Townsend) to defer this time until the June 20 meeting. MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION J U N E 20, 2019 — 7:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: Mike Hensch STAFF PRESENT: Wendy Ford, Sara Hektoen, Ray Heitner OTHERS PRESENT: Randy Miller, Kirsten Frey, Bob Saunders RECOMMENDATIONS TO CITY COUNCIL: By a vote of 4-2 (Dyer and Martin dissenting) the Commission recommends approval of application submitted by Paradigm Properties LLC for a Preliminary Plat for a resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and Downey's Addition located at the southwest corner of E. 1st Street and S. Gilbert Street. CASE NO. SUB19-4: Applicant: Paradigm Properties LLC Location: Southwest corner of E. 1st Street and S. Gilbert Street An application submitted by Paradigm Properties LLC for a Preliminary Plat for a resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and Downey's Addition located at the southwest corner of E. 1st Street and S. Gilbert Street. This application is a continuation form the June 6, 2019 meeting. Heitner began the staff report with the question of what should the Commission and staff be evaluating when looking at these preliminary plats. Referencing Title 15 of the Municipal Code they need to evaluate conformance to the Comprehensive Plan, as best as possible to apply targets from the Code such as street, circulation objectives, looking at connections with sidewalks and trails and other pedestrian connections, conformance with block and lot sizes that are appropriate for the area, open space requirements and basic public utilities. Heitner showed an aerial view of the subject property. He noted one of the points raised at the last meeting regarding this application was the issue of traffic circulation given development in the area. Outlot B in the Phase Three plat shows a north/south alley intended to provide circulation for the development. The alley in Outlot B will only connect to E. 1St Street with approval to the neighbors to the north, the Baumgartners dedicating that connect as a public right-of-way or establishing an access easement at that connection point. The alley was approved during the Phase Two platting for the subdivision and the reason why it was built out to the northern property line was to help plan for potential future access if the property to the north were to ever redevelop. The applicant has shared he estimates including the newly acquired lot and the existing Lot 6 would add about six one - bedroom units to the development. Heitner stated given this information and that the alley was already approved in Phase Two plat staff finds the traffic circulation provided by the preliminary plat is adequate to meet the needs of the proposed subdivision. Staff finds the application is consistent with the Comprehensive Plan, the streets and circulation are adequate, there are sufficient pedestrian connections, the proposed lot size is appropriate for the envisioned development, the neighborhood open space requirement would be satisfied with a fee -in -lieu land dedication, and adequate utilities exist to serve this development. Staff recommends approval of SUB19-04 an application submitted by Paradigm Properties LLC for a Preliminary Plat for a resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and Downey's Addition located at the southwest corner of E. 1st Street and S. Gilbert Street. Next steps, pending approval from this Commission the application would go forward to Council for simultaneous approval of both preliminary and final plat and then administrative site plan and design review by staff and then onto permitting. Parsons asked if the easement to 1 at Street was needed before this development could move forward or could it move forward without the easement. Heitner stated it can proceed without the easement. Parsons noted then the only way to access 1St Street would be to go south through Outlot H. If the easement doesn't happen, how will people in this development access Gilbert Street. Heitner said they would go south through Lot 1 and access Gilbert via 2nd Street. Baker stated the attorney's letter states "the previously approved private alley through Outlot B is Outlot B does not have access to 1St Street without going over and across her client's property". And then in the staff report it states there is no access to 1St Street without an access agreement in place and there is no requirement the neighbors agree to the easement. So Baker notes by approving this plat tonight doesn't mean that access will be available to the developer. Signs asked where the exit to a public street is from this property. Hektoen stated it will be designed to funnel the traffic south to the existing E. 2nd Street (Outlot G in Phase One and Two). Baker asked if the curb cut south of E. 1St Street onto the development property will remain. Heitner said it is uncertain. Baker noted if it does not remain there would be no access to the development property off E. 1 st Street. Heitner confirmed that was correct. Baker asked who makes the decision on the curb cut. Hektoen said it would be part of the site plan review but right now there is not a plan to have access to Lot 1 from E. 1St Street. Signs noted in the staff report they note the approval of the plat from 2017 shows the private alley terminates at the Aero Rental property, it also shows every other access to Gilbert Street terminates at an outlot, so he is still questioning where all the traffic from those apartment buildings and retail space will access Gilbert Street from. Hektoen said all the traffic will access Gilbert Street from 2nd Street. Signs is not seeing that indicated on the plat. Hektoen stated there is a public access easement dedicated for the access. Signs stated the building on the lot will be a very large building and it appears the access will be blocked by the building. Hektoen said it will not, Outlot B will connect with Outlot G and that is vehicular access point to Gilbert Street. Signs stated then if the traffic is to flow out Outlot G onto Gilbert Street, is that then the only access for the entire development. Heitner confirmed that is correct. Signs noted that would be hundreds of apartments plus businesses all using just one access point. Parsons opened the public hearing. Randy Miller (Paradigm Properties, LLC) came forward to answer questions. He noted the development is just following the City's Comprehensive Plan, Riverfront Crossings. To the south there are actually three additional access points onto Gilbert Street, the City didn't want multiple access points. The access point on E. 1 at Street will be vacated and the building will block that access point. Signs asked if there are traffic signals planned at the E. 2nd Street access point. Miller stated there is not. Dyer asked how many apartments will be in the location, the two buildings currently under construction plus the new one. Mr. Miller stated that he was approved to build 258 units from his TIF agreement, but that he has chosen to build just 223 (1) -bedroom units on the four buildings that will comprise 1121, 1131, 1141, and 1201 S. Gilbert St. There are 261 parking spaces within these complexes and an additional 66 parking spaces on the outside of the complexes for a total of 327 parking spaces on the site. Per the Comprehensive Plan they will be connecting to the pedestrian and bicycle traffic and the right-of-way to the park. Parsons asked how many units will be in the new building. Miller said that building was originally drafted as 63 units but it might be six less and be 57 with no access to E. 1St Street. He bought a $400,000 lot to give 1/3 of it away to the City for right-of-ways. Martin asked about the traffic circulating within the development. Miller said it is what is noted in the Comprehensive Plan. Hektoen stated with arterial streets such as Gilbert Street the City wants to minimize the number of curb cuts. Heitner said one of the goals of form -based plans like Riverfront Crossings, it to minimize points of conflict and points of access on busier streets and to divert the volume to interior spaces. Signs noted that way back to the original plans shown for this overall area it was shown that the north/south access would be an alleyway onto E. 1St Street. Hektoen said that is the intention in the future. Signs asked if Miller has had any discussions with the property owners to the north regarding gaining an access or easement through their property to get to E. 1St Street. Miller replied he had not. Baker asked if they need that north access to develop this project and Miller reiterated he does not, they have planned the development with the E. 2nd Street access point. If he gets the access he could build a building with the additional six units, but if not then he will build the 57 unit building. Kirsten Frey (Attorney with Shuttleworth & Ingersoll) is speaking on behalf of Lloyd and Ruth Baumgartner who own the property to the north known as Aero Rental. Frey wanted this opportunity to address the Commission regarding a couple of issues. She had sent a written correspondence to the Commission and wanted the Commission to note the City's position that access on E. 1 sl Street for this subdivision is not required at this time is a shift. That is not what the original staff report indicated, the original staff report indicated the access to Lot 1 would be achieved from E. 1St Street and from the north/south alley known as now Outlot B. The City is now taking a very different position than they took in the original staff report to this Commission two weeks ago. Frey believes this is in part due to the concerns she raised on behalf of her clients. Frey believes it was an oversight on the part of the City to not realize they would have to cross the Baumgartner's property to have that north/south alley access to E. 1 st Street. One of the significant concerns they have regarding this subdivision is the differences in the subdivision plat for Lots 1 and 2 and the current one for Phase III. One of the differences is the current subdivision has property that is currently directly adjacent to E. 1St Street, the prior subdivision did not, there was no lot with frontage on E. 1St Street. Frey believes that difference is significant because the public, and the 200 residents that will live there, are going to assume, like the City did, that they can access E. 1st Street using that alley. That will put them directly over her client's property. They also have significant concerns about 223 unit owners and all the commercial traffic being funneled south. As that gets congested the traffic will head north to what they believe is a public right-of-way when it is not. Mr. Miller's comments about having a signal at the 2nd Street intersection or a nice bus stop is well taken. This development is moving faster than the municipal infrastructure can support. It is also significant to note the minutes from the original review and consideration of the Planning & Zoning Commission of The Crossings Phase I and Phase II it is noted in the staff report "the submitted preliminary plat creates a new lot and block pattern and provides for dedication of land from the pedestrian oriented street network to support the proposed development of these properties according to the River Front Crossings Master Plan". Frey noted that is consistent with the City's position today. What is inconsistent is the remainder of the staff report which indicates in part "Lots 1, 2, 5 and 6 will have primary frontage along Gilbert Street and access onto Gilbert Street". Frey noted it is significant because Lots 1, 2, 5 and 6 includes the now Lot 1 of Phase III. So when the Commission approved Phase I and Phase II it had Outlot H, which is now Outlot B, they were told what is now Lot 1 would be accessing directly onto Gilbert Street. This plan tonight is a change, it will no longer access directly onto Gilbert Street and will exit through Outlot B. In addition the staff report also notes "Lot 7 (on the west side of Outlot B) has primary frontage on the Ralston Creek pedestrian walkway but will likely need to rely on the extension of 1st Street which would be located on the abutting property to the north and outside the boundaries of the subdivision to provide adequate emergency vehicle access. Development of Lot 7 will be restricted until adequate emergency vehicle access can be provided." Frey feels the Commission needs to understand that at the time Phase I and Phase II were approved the Planning and Zoning Commission was told that what is now Lot 1 would be accessing directly onto Gilbert Street and Lot 7 would not be developed until 1st Street was a public right-of-way and extended. Therefore the City's argument that the prior approval of this subdivision means all they doing is adding 0.16 acres and not changing anything is not accurate. At the time the original plan was approved her client's had reason to believe the development that had occurred on what is now Lot 1 would not be accessing 1st Street and would not be accessing through Outlot B. They also had reason to believe the development on Lot 7 wouldn't happen until 1st Street was extended. Again, the development is preceding the municipal infrastructure. Frey believes any reasonable person looking at this development and looking at where 1 sl Street is, has to conceded people will use 1st Street to get to their property even if that means traversing over her client's private property. Baker asked if the assumption is Outlot B will be paved and ready to use, but not have legal access to 1st Street. Frey said if it is to be the funnel for the entire 223 units being built on Lot 1 she is unsure what the surface will be. Hektoen noted that only 63 units will be built on Lot 1. Baker said legally the development cannot use the access through Outlot B unless Frey's clients grant access. Frey agree legally that is correct. Baker acknowledged however if they did pave it regardless of whether the access has been granted there is the likelihood residents would use it. Baker asked why they don't just block the property at that point. Frey agreed they could obtain City approval to block the access and incur significant expense to put in a barrier of some type. Hektoen stated on private property City approval would not necessarily be needed. Hektoen also stated the applicant could speak to putting something at the northern edge of Outlot B. Frey noted whether it could be blocked or not — it was noted in the approval of Phase I and Phase II that access to 1st Street was necessary for fire access so blocking it would be an issue. Baker noted fire access is another issue, the complaint of the Baumgartner's is the use of that access which will cross their property but that access can be blocked. The objection can be mitigated without the Commission disapproving this application. Frey responded while that is a significant objection to this development, it is not the only objection. There are still the concerns about the amount of traffic from the development being funneled down to one access point, that is not controlled, and is inconsistent with the Planning & Zoning Commission's approval of Phase I and Phase II. Baker asked if the access through 2nd Street have a discernable negative consequence to Frey's clients. Frey believes so, from a community member standpoint. Does it adversely affect their personal property rights, no. Baker also questioned the public access point and asked how staff responds to knowing 1St Street cannot be used for public services access is that a problem. Heitner stated every application for plat is circulated among several departments, no comment was made regarding point of access from fire, the assumption being because it was approved as part of Phase II the incorporation of this lot may not add a substantial amount of traffic. Baker asked if there was any comment based on the fact that 1 st Street would not be an access point. Dyer noted usually where there is a dead-end street there has to be a fire turnaround. Signs asked if Frey believed her client had any interest in negotiating an easement or some access to the north/south alleyway. Frey acknowledged they recognize they may need to do so, and there is always the option for the City to condemn 1 st Street, her client's believe at least then they would be compensated for their property rather than people using it with no compensation. Signs noted as he drove through the area and he has assumed through this entire process, as also shown in the graphic he has seen in this entire process, access to 1 st Street would be possible. Looking at the area it would not be hard to reconfigure the area so her clients would have their access to their property and the alleyway could connect to E. 1St Street. Signs encourages them to explore this as the developer has already spent a lot of money to obtain that last little piece of property at the City's request. Frey said her client recognizes the Comprehensive Plan and the goals, and wants to make sure it is understood they do not have objection to Mr. Miller, the concern is they cannot use her client's property to funnel the subdivision traffic without compensating them for the use and also believe the development is out -pacing the municipal infrastructure. The Gilbert Street improvements need to be done, 2nd Street intersection needs a traffic signal, there needs to be a bus stop, etc. to mitigate the impact on surrounding property owners. Signs does not disagree. Bob Saunders (Iowa City resident) had spent 25 years on Johnson County Planning and Zoning Commission, stated that he did not like how the City's Planning and Zoning Commission does not review final plats, and suggested that the Commission members demand that the City Council consider an amendment to the subdivision code to allow the Commission to review final plats and site plans. He also noted in his dealings with the City on developments in the Fringe Area Agreement the City has hammered the County on developments to have multiple access points, this development does not have multiple access points. He also noted the traffic on South Gilbert Street during AM or PM rush hour the traffic is backed up all the way from Highway 6 to Aero Rental. To add 250 units, and even 50 or 60 cars wanting to leave the development, they are not all going to want to go right. If the City is planning major road changes than those need to be completed before dumping more traffic on streets that cannot handle the traffic at this time. Saunders noted zoning is forever and if parcels of this property get sold off in the future to other owners there would need to be an easement across this development so everyone can access the one city street out. Finally, with question on parking, while there might be sufficient parking for all the residential units, what about the development's ability to park the anticipated demand for the ground floor commercial spaces on site. The parking for commercial differs on types of commercial and at this time they are clueless on what the need is when they don't know what the commercial properties will be. Hektoen noted the preliminary plat the Commission sees is essentially the same as the final plan the Council will see. Frey asked Heitner about circulating the plat to the fire department and other areas and received no comments back about the access issues. She wants to know if that circulation was done before or after there were representations in the staff report that access would be available over 1St Street and Outlot B. Heitner said it was circulated before the June 6 staff report was written, but the notion amongst all staff was there would not be access onto E. 1St Street. Frey noted the staff report submitted shows there would be. Hektoen said the staff report was crafted after, when a plat is received it is circulated to all departments to gather comments and it is from those comments the staff report is drafted. Frey believes that looking at the plat staff presumed they could access this lot across Outlot B because that is what the staff report said was going to happen. Her point to the Commission is if the City staff presumed that, it is fair to assume the fire and police departments may have also. Miller stated it must have been a misinterpretation because it has never been the developer's intention to extend north to 1St Street as it is someone else's property. Additionally to drive over it is impossible, and when the building gets built there will be a sidewalk and the driveway will be closed and for the protection of his tenants they will likely put up barriers at the end of the alleyway until access could be granted. Baker asked about the commercial property parking requirements and if types of businesses and the requirements are written into the Code. Heitner confirmed that. Miller noted per the Code requirements they have more than required spots, they could reduce the parking they are allocating significantly. He always builds more parking than required on his projects because it what the tenants want. They also try to rent to commercial tenants that have staggered traffic patterns (morning, afternoon, evening) because it is better for the commercial tenants. Baker feels the issue of the effect on the northern neighboring property can be mitigated, the overall access issue and public safety access is what is concerning. It is clear in the minutes from 2017 they were going to rely on the extension of 1St Street to provide adequate emergency vehicle access. Baker asked again, if the review of this plat was based on the assumption 1St Street would be available for access for public safety vehicles. Heitner said that access was specifically for Lot 7. Miller noted they are in the early stages of discussing development of Lot 7 which will be reviewed by the fire department at time of that development. Miller added with his development they are having a lot less density than what was projected in the Comprehensive Plan. Baker asked again about the access points, not just the 2nd street one, but other further south. Miller stated they were not allowed to have another access point, this is what was set up with the infrastructure with Riverfront Crossings. The City wanted their access to align with 2nd Street for the public access and access to the park. Signs noted that using the access to the south would require access across two other property owners' properties. Miller confirmed that was the plan in the Comprehensive Plan — someone eating dinner at Red Ginger could go all the way north to 2nd Street to access Gilbert Street if they chose to. Hektoen stated there are public access easements across all the properties so in terms of conveyance it would be subject to that restriction. Signs asked if there was a public access easement across the front of Big Grove. Hektoen said the easement borders Lot 1, the north/south alleys that have been platted as well as Outlot G. Frey responded to the comments on the reference to the minutes regarding the approval process for Phase I and Phase II that specifically reference the fire concern applied to Lot 7 not to Lot 6. Her argument is the same concern now applies to Lot 1 because in Phase I and Phase 11 what is now Lot 1 was specifically contemplated to access Gilbert Street directly and had direct access to Gilbert Street and no longer does and now accesses its property through Outlot B, so the fire access point argument should be the same to Lot 1 as it was to Lot 7. Hektoen noted that Lot 1 has frontage along Gilbert Street and obviously when any site plan comes in fire does get involved, there is a distance requirement that fire has to have a hydrant within 250 feet and because they have frontage along Gilbert Street that gives them a whole lot of room to access the building for fire protection. Dyer said if they go in through Outlot B they can't get back out because there is no place to turn around. Hektoen noted the site plan review process will address those questions and concerns, Lot 7 is in site plan review right now. Signs stated if the Commission is to base their decisions on what is presented at the time, if a fire truck was to drive in on the 2nd Street entrance, turn north on the alleyway to go put out a fire on the west side of Lot 1 there is no turnaround. Hektoen said it is unsure at this point how those sites are being developed. Signs said as indicated on the Phase III plan they approved on May 16 there is no turnaround. Parson stated the Fire Chief would have to approve the site plan before it is finalized. Signs reiterated that they are making a decision with not knowing the outcome and will never see the plan again before it goes to Council. Dyer said the Subdivision Code does say there needs to be a hammerhead at the end of dead end streets, and that is in cases of just a few houses. Hektoen said with single family lots there is not the same internal circulation opportunities as with a large complex like this. Parsons closed the public hearing. Signs moved to recommend approval of an application submitted by Paradigm Properties LLC for a Preliminary Plat for a resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and Downey's Addition located at the southwest corner of E. 1st Street and S. Gilbert Street. Baker seconded the motion. Parsons noted this has been a long discussion regarding a preliminary plat, but with a lot of useful information. In the end what the Commission is really deciding is whether to allow the additional six one -bedroom units because the developer can start do the development with 57 units rather than 63 without this application. He agrees and hopes the utilities and access need improvement and hopes that will happen in the near future, he also hopes an agreement will come so that Outlot B can access 1St Street that would significantly improve some of the issues brought up tonight. Parson will support this recommendation and have some faith and trust Council as the steps move forward. Martin asked if there was interest in amending the motion to include the need for a traffic signal at 2nd Street. Hektoen said that can be done at rezoning stage but not preliminary plat. Martin stated that when the rezoning was approved she believed there would be an exit point on 1St Street and 2nd Street. Signs agreed and noted on the Phase III exhibits they approved it clearly illustrates a corner there. Townsend suggested the two owners, Aero Rental and developer discuss their options and come up with something that will give the development access to 1St Street. She feels that would solve the biggest problem. Signs agrees but also feels the City needs to be part of that conversation and action. He feels the owners would likely grant the access and they of course need to be compensated for it. Townsend feels the 200+ tenants will use Aero Rental as customers as it is walking distance to their homes, so it would be a win/win for both sides. Dyer objects to the slide that is putting the pressure on the Baumgartner's, they can do what they want with their property, and it is inappropriate. It is putting pressure on them to make this possible. Signs shared the graphics from the packet the Commission received when they decided upon the rezoning of Phase III and the graphics clearly show a third access point from 1St Street. He also shared the final plats for The Crossings Phase I and Phase II and he goes back to the logic while it may be the intent that it would always end at the property line, there appears to be the image of it connecting to 1 st Street. Finally because this hinges on the fact the Commission approved Phase III, again the representation he saw in that approval shows a curved curb cut, parking spaces on the north side of the building that park off of 1St Street. Yes, as staff noted it is not on the lot line but there is the indication the access will be there. Signs is frustrated with the level of detail on the reports, he really believed there would be third access point (the 1St Street access) and now there is not. With regards to parking, the developer has over -met the requirement which is not an issue, the issue is circulation and access. Signs also noted he feels there is an easy solution to work with the owners to come up with an easement or solution. Baker wondered if the conversation regarding a signal at 2nd Street is even feasible considering the distance of 2nd Street from Kirkwood Avenue. Heitner said the transportation planning staff would have to look into that. The effect on the Aero Rental property is a nonfactor because they control their own destiny for that, it is the other issues he has pause with. His inclination is they need more answers, for example is it possible for Outlot B to be configured in such a way that one would not need access over the Aero Rental property to access 1 st Street. Signs said that would create a driveway right next to a city street corner, which probably isn't best. Baker said there could be a short frontage street there. Signs agreed there are some unanswered questions however will vote in favor as he doesn't want to hold Mr. Miller's development up, he has done everything he has needed to do. Baker agrees but questions if the issues raised this evening can be solved at the next level. Parsons acknowledged Council will take it up. Signs doesn't like that they are pawning these decisions off to Council, which is what this Commission is here for. Signs is willing to approve based on the assumption Mr. Miller will block off the access and/or the Aero Rental folks will block off the access, operating in good faith that with the site review by staff there will be a hammerhead somewhere for the fire truck to turnaround, and go on record chastising the process because it is extremely frustrating. A vote was taken and the motion passed 4-2 (Dyer and Martin dissenting). 0 Prepared by: Ray Heitner, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (SUB19-04and SUB19-05) Resolution No. 19-214 Resolution Approving the Preliminary and Final Plat of The Crossings Phase Three Subdivision, Iowa City, Iowa. Whereas, the owner, Paradigm Properties, L.L.C. filed with the City Clerk the preliminary and final plats of The Crossings Phase Three Subdivision, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: BEGINNING at the Northeast corner of Outlot "E" of The Crossings Phase Two, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 61, at Page 141, in the Records of the Johnson County Recorder's Office; Thence S88°40'16"W, along the North line of said Outlot "E", and the North line of Lot 6 of said The Crossings Phase Two, 119.91 feet; Thence N01 °02'38"W, along said North line of Lot 6, and the East line of Outlot "H" of said The Crossings Phase Two, 79.64 feet, to the Northeast corner thereof, and the Northwest corner of Lot 2, Block 3, Cook Sargent and Downey's Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 16, at Page 84, in the Records of the Johnson County Recorder's Office; Thence N88040'16"E, along the North line of said Lot 2, and the North line of Lot 1, Block 3 of said Cook Sargent and Downey's Addition, 119.97 feet, to the Northeast corner thereof; Thence S01000'12"E, along the East line of said Lot 1, a distance of 79.64 feet, to the said POINT OF BEGINNING, containing 0.22 acre, (9,552 square feet), more or less, and subject to easements and restrictions of record. Whereas, the City releases Lot 6 and Outlot H from the requirements of the Phase 1/II Subdivider's Agreement, and said lot and outlot will be subject to the requirements of the Phase III Subdivider's Agreement as Lot 1 and Outlot B. Whereas, the Neighborhood and Development Services Department and the Public Works Department examined the proposed preliminary and final 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, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners; and Whereas, said final plat is found to conform with Chapter 354, Code of Iowa (2019) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The said preliminary and final plats located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said Resolution No. 19-214 Page 2 subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 6th day of August , 20 19 Mior Approved by Attest: City Clerk City Attorney's Office It was moved by aims and seconded by salih the Resolution be adopted, and upon roll call there were Ayes: X X X X X X X pcdInamplateslCombinetl Preli m_antl Fl nal Plat - Resolution.doc. doc Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 11. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution authorizing conveyance of 225 and 229 N. Gilbert Street to Public Space One. Prepared By: Erika Kubly, Neighborhood Services Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval I •uu My 0111111100/_1 Attachments: purchase agreements resolution Executive Summary: The City purchased the two homes from Mercy Hospital with the intention of preserving the two structures and were originally considered for the UniverCity program. With the goal of preserving the homes, the City pursued approval of a historic landmark designation for both. Due to the location of the homes and the surrounding commercial uses, the City wanted to determine the demand for retail, office and community arts and culture uses for these properties. After a Request for Proposals was released to the community, Public Space One responded and signed a purchase agreement to acquire both homes as community art space for exhibitions, education and other events as well as a community print studio and individual artist studios. Background /Analysis: The City purchased the homes for $435,000 ($185,000 for 225 N. Gilbert and $250,000 for 229 N. Gilbert) and will sell the homes for $471,355 ($203,177 and $268,178 respectively). Much like the UniverCity program, the buyer pays for the initial purchase price and all carrying costs such as taxes, interest, utilities, and lawn maintenance. The combined assessed value of the homes is $470,120. The City will provide downpayment assistance of $116,000 ($58,000 per home). Public Space One preferred downpayment assistance over direct rehabilitation assistance to allow it to acquire the properties for $355,355. The non-profit organization intends to rehabilitate both homes. The purchase agreements are attached to the resolution and provide that the City has the right of first refusal for 15 years, meaning that If Public Space One wishes to sell either house, the City has the right to purchase for the same price. Additionally, because of the $58,000 in down payment assistance, the purchase agreement provides that the City will receive 25% of the net sale proceeds if the house is sold during the 15 years (and the City does not exercise its right to purchase it). 225 North Gilbert Street is a vernacular home with Folk Victorian detailing originally built in 1904. While the original front porch has been removed, and the rear porch partially enclosed, the exterior trim and millwork exhibit typical cottage treatment found in Iowa City Folk housing. 229 North Gilbert Street is a Queen Anne Victorian built in 1897. While existing vinyl siding obscures many of the Victorian details, the house remains mostly unaltered both inside and out. On the interior, historic wallpaper in good condition exists alongside original trim and stained glass windows. The house was built by prominent local builder, Jacob Hotz, and featured in a promotional publication titled, the Commercial Magazine, in 1898. The homes are located in an area surrounded by commercial uses. The renovated homes will be an asset to the neighborhood as well as support arts and culture in our community. ATTACHMENTS: Description purchase agreements resolution Drafted by: Susan DuIek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319/356-5030 PURCHASE AGREEMENT TO: City of Iowa City, Iowa (herein "Seller" or "City") Public Space One (herein "Buyer") hereby offers to buy, and the undersigned Seller, by its acceptance of this Agreement, agrees to sell the real property situated in Iowa City, Johnson County, Iowa, locally known as 225 N. Gilbert Street, Iowa City, Iowa and legally described as The according to recorded plat thereof, together with all the Seller's right, title and interest in all buildings and improvements, if any located on the above-described real estate, and subject to any easements and appurtenant servitudes for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions and modifications, except for the Permitted Exceptions, as defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to as the "Property" The Property shall be conveyed with good, clear and marketable title, subject to the following Permitted Exceptions: 1. Zoning and building laws and ordinances; and 2. covenants, restrictions, reservations and easements of record approved by Buyer. In consideration of the covenants and obligations contained herein, the Seller and Buyer agree as follows: 1. PURCHASE PRICE. The Purchase Price for the Property shall be $203,177, to be paid in full at the time of closing, all title objections being corrected to show marketable title. 2. REAL ESTATE TAXES. Seller shall pay the prorated share, based upon the date of closing, of the real estate taxes for the fiscal year in which closing occurs, due and payable in the subsequent fiscal year, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative tax rollback and real estate tax exemptions that may be applicable to and used for the calculation of taxes payable in the fiscal year commencing July 1, 2019. If, at the time of closing, the tax rate has not been certified, then the most current certified tax rate shall be used. 3. SPECIAL ASSESSMENTS. Seller shall pay all installments of special assessments which have been certified to the Johnson County Treasurer for collection before the Closing date. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing, shall be paid by Buyer. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Buyer through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Buyer. 4. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. Seller agrees to maintain existing insurance until closing or possession, whichever first occurs. Buyer may also insure the Property prior to closing or possession. The Property shall be preserved in its present condition, ordinary wear and tear excepted, and Seller shall deliver it intact at the time the Buyer takes possession. Prior to the Buyer taking possession, Seller shall promptly give written notice to the Buyer of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Buyer {00285238} shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the Buyer shall have the option to either 1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property; or 2) terminate this Agreement effective immediately. 5. POSSESSION AND CLOSING. If Seller timely performs all obligations, possession of the Property shall be delivered to Buyer on August 12, 2019, and any adjustments of rent, insurance, taxes, interest and all charges attributable to the SelIer's possession shall be made as of the date of closing. Closing shall occur after approval of title by Buyer's attorney and vacation of the Property by Seller. Seller agrees to permit Buyer to inspect the Property within 48 hours prior to closing to assure that the premises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. b. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached, such as: fencing, gates, bushes, trees, shrubs and plants. 7. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to Buyer's attorney for examination. It shall show merchantable title in Seller in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either partyrescinds the Agreement after giving ten days written notice to the other party. The abstract shall become the property of Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or their assignees. 8. SURVEY. Buyer, at Buyer's expense, may have the Property surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. If the survey is required under Chapter 354, Buyer shall pay the cost thereof. 9. CONDITION OF PROPERTY. Buyer may, at its sole expense, have the Property inspected by a person or persons of its choice to determine if there are any structural, mechanical, plumbing, electrical, environmental, or other deficiencies on the Property. In the event any structural, mechanical, plumbing, electrical, environmental, or other deficiencies are discovered on the Property and the cost to remove them is in excess of $2,000.00, Buyer shall have the option to terminate this Agreement effective immediately. In the event the cost to remedy the structural, mechanical, plumbing, electrical, environmental, or other deficiencies on the Property is $2,000.00 or less, the cost to remove them shall be borne solely by Buyer. 10. ENVIRONMENTAL MATTERS. (a) Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks Iocated on the Property, the Property does not contain levels of radon gas, asbestos or urea -formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the Property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal (00285238) sites, hazardous wastes or substances, or underground storage tanks. (b) Buyer may, at its expense, within 10 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property and the cost to remove them is in excess of $5,000.00, Buyer shall have the option to terminate this Agreement effective immediately. In the event the cost to remove the hazardous materials, substances, conditions or wastes on the Property is $5,000.00 or less, the cost to remove them shall be borne solely by Buyer. 11. DEED. Upon payment of the purchase price, Seller shall convey the Property to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by Buyer. 12. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 13. REMEDIES OF THE PARTIES. A. If Buyer fails to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to them. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 14. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or by certified mail return receipt requested, addressed to the parties at the following addresses: Seller, City of Iowa City, City Clerk, 410 E. Washington, Iowa City, Iowa 52240; Buyer, % David Bright, 425 E. Oakdale Blvd. Suite 201, Coralville, IA 52241. 15. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 16. CITY COUNCIL APPROVAL. This agreement is subject to approval by the City Council of Iowa City as required by Section 364.7 of the Code of Iowa. 17. RIGHT OF FIRST REFUSAL. During the period from closing to August 1, 2034 ("15 -year period'), Buyer grants to City a right of first refusal to purchase the Property, all upon the same terms and conditions as City has determined that Buyer is prepared to accept from a bona fide purchaser. In the event Buyer receives such a bona fide offer to purchase which Buyer intends to accept, then Buyer {00285238} shall deliver to City written notice of such offer, including a copy of the offer, and stating Buyer's intention to accept the same. City shall have fifteen (15) days from the date Buyer gives notice to City of such bona fide offer within which to notify Buyer that City desires to purchase the Property all upon the same terms and conditions as set forth in the bona fide offer. If City fails to notify Buyer within such fifteen (15) day period of City's intention to purchase the Property on the same terms and conditions as set forth in the bona fide offer, then, in that event, this right of first refusal shall terminate and Buyer shall have the right to sell the Property to the bona fide offeror upon the terms and conditions set forth in the bona fide offer. In the event that Buyer does not sell the Property to the bona fide offeror, and that transaction is abandoned, then this right of first refusal shall be reinstated as to subsequent offers received by Buyer during the 15 -year period. 1f City does elect to exercise City's right of first refusal to purchase the Property on the same terms and conditions as set forth in a bona fide offer, then, in that event, Buyer shall in fact be obligated to perform as set forth in the bona fide offer according to the same terms and conditions as set forth in the bona fide offer. This right of first refusal shall expire at the end of the 15 -year period if the same has not sooner been exercised by City. 18. 229 N. GILBERT ST. This Agreement is contingent on the parties entering into a purchase agreement for 229 N. Gilbert Street, Iowa City, Iowa and City conveying to Buyer 229 N. Gilbert Street, which is legally described as: The North Fifty Feet of Lot One (1), Block Fifty -Eight (58), in Iowa City, Iowa, according to the recorded plat thereof. 19. FORGIVEABLE LOAN/RE-SALE. If Buyer sells the Property during the 15 -year period either to City as provided in Paragraph 17 herein, or to a bona fide purchaser, Buyer shall pay City at closing twenty-five percent (25%) of the net sale proceeds but in no event to exceed $58,000, which reflects the $58,000 in financial assistance provided by City to Buyer to acquire and rehabilitate the Property. Net sale proceeds means the sale price less Buyer's primary loan pay-off, real estate taxes, transfer tax, and any broker's commission. At or before closing, Buyer shall execute a promissory note for said forgivable loan and grant to Seller a mortgage, which will be junior to Buyer's primary mortgage, to secure said note. 20. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted and delivered to Seller on or before 2019, at _.m., this Agreement shall be null and void and all payments made shall be returned immediately to Buyer. This Offer is presented to the Seller on 2019. BUYER-PUBLI PACE ONE BY: tt Accepted this "" day of J4 C 2019 at Geo ruin City Man r (SELLER) {DD285238} Drafted by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319/356-5030 PURCHASE AGREEMENT TO: City of Iowa City, Iowa (herein "Seller" or "City") Public Space One (herein "Buyer") hereby offers to buy, and the undersigned Seller, by its acceptance of this Agreement, agrees to sell the real property situated in Iowa City, Johnson County, Iowa, locally known as 229 N. Gilbert Street, Iowa City, Iowa and legally described as The according to recorded plat thereof, together with all the Seller's right, title and interest in all buildings and improvements, if any located on the above-described real estate, and subject to any easements and appurtenant servitudes for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions and modifications, except for the Permitted Exceptions, as defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to as the "Property". The Property shall be conveyed with good, clear and marketable title, subject to the following Permitted Exceptions: 1. Zoning and building laws and ordinances; and 2. covenants, restrictions, reservations and easements of record approved by Buyer. In consideration of the covenants and obligations contained herein, the Seller and Buyer agree as follows: 1. PURCHASE PRICE. The Purchase Price for the Property shall be $268,178, to be paid in full at the time of closing, all title objections being corrected to show marketable title. 2. REAL ESTATE TAXES. Seller shall pay the prorated share, based upon the date of closing, of the real estate taxes for the fiscal year in which closing occurs, due and payable in the subsequent fiscal year, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative tax rollback and real estate tax exemptions that may be applicable to and used for the calculation of taxes payable in the fiscal year commencing July 1, 2019. If, at the time of closing, the tax rate has not been certified, then the most current certified tax rate shall be used. 3. SPECIAL ASSESSMENTS. Seller shall pay all installments of special assessments which have been certified to the Johnson County Treasurer for collection before the Closing date. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing, shall be paid by Buyer. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Buyer through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Buyer. 4. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. Seller agrees to maintain existing insurance until closing or possession, whichever first occurs. Buyer may also insure the Property prior to closing or possession. The Property shall be preserved in its present condition, ordinary wear and tear excepted, and Seller shall deliver it intact at the time the Buyer takes possession. Prior to the Buyer taking possession, Seller shall promptly give written notice to the Buyer of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Buyer {002852391 shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the Buyer shall have the option to either 1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property; or 2) terminate this Agreement effective immediately. 5. POSSESSION AND CLOSING. If Seller timely performs all obligations, possession of the Property shall be delivered to Buyer on August 12, 2019, and any adjustments of rent, insurance, taxes, interest and all charges attributable to the Seller's possession shall be made as of the date of closing. Closing shall occur after approval of title by Buyer's attorney and vacation of the Property by Seller. Seller agrees to permit Buyer to inspect the Property within 48 hours prior to closing to assure that the premises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached, such as: fencing, gates, bushes, trees, shrubs and plants. 7. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to Buyer's attorney for examination. It shall show merchantable title in Seller in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. The abstract shall become the property of Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or their assignees. 8. SURVEY. Buyer, at Buyer's expense, may have the Property surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. If the survey is required under Chapter 354, Buyer shall pay the cost thereof. 9. CONDITION OF PROPERTY. Buyer may, at its sole expense, have the Property inspected by a person or persons of its choice to determine if there are any structural, mechanical, plumbing, electrical, environmental, or other deficiencies on the Property. In the event any structural, mechanical, plumbing, electrical, environmental, or other deficiencies are discovered on the Property and the cost to remove them is in excess of $2,000.00, Buyer shall have the option to terminate this Agreement effective immediately. In the event the cost to remedy the structural, mechanical, plumbing, electrical, environmental, or other deficiencies on the Property is $2,000.00 or less, the cost to remove them shall be borne solely by Buyer. 10. ENVIRONMENTAL MATTERS. (a) Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos or urea -formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the Property is not subject to any Iocal, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal {002852391 sites, hazardous wastes or substances, or underground storage tanks. (b) Buyer may, at its expense, within 10 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property and the cost to remove them is in excess of $5,000.00, Buyer shall have the option to terminate this Agreement effective immediately. In the event the cost to remove the hazardous materials, substances, conditions or wastes on the Property is $5,000.00 or less, the cost to remove them shall be borne solely by Buyer. 11. DEED. Upon payment of the purchase price, Seller shall convey the Property to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by Buyer. 12. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 13. REMEDIES OF THE PARTIES. A. If Buyer fails to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to them. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 14. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or by certified mail return receipt requested, addressed to the parties at the following addresses: Seller, City of Iowa City, City Clerk, 410 E. Washington, Iowa City, Iowa 52240; Buyer,% David Bright, 425 E. Oakdale Blvd. Suite 201, Coralville, IA 52241. 15. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 16. CITY COUNCIL APPROVAL. This agreement is subject to approval by the City Council of Iowa City as required by Section 364.7 of the Code of Iowa. 17. RIGHT OF FIRST REFUSAL. During the period from closing to August 1, 2034 ("15 -year period"), Buyer grants to City a right of first refusal to purchase the Property, all upon the same terms and conditions as City has determined that Buyer is prepared to accept from a bona fide purchaser. In the event Buyer receives such a bona fide offer to purchase which Buyer intends to accept, then Buyer {002852391 3 shall deliver to City written notice of such offer, including a copy of the offer, and stating Buyer's intention to accept the same. City shall have fifteen (15) days from the date Buyer gives notice to City of such bona fide offer within which to notify Buyer that City desires to purchase the Property all upon the same terms and conditions as set forth in the bona fide offer. If City fails to notify Buyer within such fifteen (l 5) day period of City's intention to purchase the Property on the same terns and conditions as set forth in the bona fide offer, then, in that event, this right of first refusal shall terminate and Buyer shall have the right to sell the Property to the bona fide offeror upon the terms and conditions set forth in the bona fide offer. In the event that Buyer does not sell the Property to the bona fide offeror, and that transaction is abandoned, then this right of first refusal shall be reinstated as to subsequent offers received by Buyer during the 15 -year period. If City does elect to exercise City's right of first refusal to purchase the Property on the same terms and conditions as set forth in a bona fide offer, then, in that event, Buyer shall in fact be obligated to perform as set forth in the bona fide offer according to the same terms and conditions as set forth in the bona fide offer. This right of first refusal shall expire at the end of the 15 -year period if the same has not sooner been exercised by City. 18. 225 N. GILBERT ST. This Agreement is contingent on the parties entering into a purchase agreement for 225 N. Gilbert Street, Iowa City, Iowa and City conveying to Buyer 225 N. Gilbert Street, which is legally described as: The North 55 feet of the South 100 feet of Lot One and the East 10 feet of the South 60 feet of Lot 2, all in Block Fifty -Eight, in Iowa City, Iowa, according to the recorded plat thereof. 19. FORGIVEABLE LOANME-SALE. If Buyer sells the Property during the 15 -year period either to City as provided in Paragraph 17 herein, or to a bona fide purchaser, Buyer shall pay City at closing twenty-five percent (25%) of the net We proceeds but in no event to exceed $58,000, which reflects the $58,000 in financial assistance provided by City to Buyer to acquire and rehabilitate the Property. Net sale proceeds means the sale price less Buyer's primary loan pay-off, real estate taxes, transfer tax, and any broker's commission. At or before closing, Buyer shall execute a promissory note for said forgivable loan and grant to Seller a mortgage, which will be junior to Buyer's primary mortgage, to secure said note. 20. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted and delivered to Seller on or before '2019, at m., this Agreement shall be null and void and all payments made shall be returned immediately to Buyer. This Offer is presented to the Seller on 2019. BUYER- LI PACE ONE BY: Accepted this �l ¢� day of Jk Geoff Fruin City (SELLER) 2019 at ( `' . M. {00285239} a Submitted to Council by John Englebrecht Public Space One (PS1) is Iowa City's artist -led, AAA community -driven contemporary art center, home of the Iowa City Press Co-op andVVV The Center for Afrofuturist Studies. POSS/fibUTr We are creating a new space for possibilities in two historic houses at 225 and 229 N Gilbert in Iowa City's northside neighborhood! Learn more and join us: r•jr ='= www.publicspaceone.com/home FILED �S„�41lgar't V' rL' -.ceR�MEN i. ri,r�ccnow:v art AUS 5G-103 City Clerk Iowa City, Iowa W L(0ME/!/ Q, Ho /1 E F°R , i 6r 11 f oSsIB E rI,r -I AFRO Tl'�is7 �TL'Dft gRTI sjt j TuD1OS NOME (7ALt tk) � owncirY aAf4�;l1-! o�T�0. PRS SS Cone C 1HER Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 3565030 Resolution No. 19-215 Resolution authorizing conveyance of 225 and 229 N. Gilbert Street to Public Space One. Whereas, the City purchased the single-family homes at 225 and 229 N. Gilbert St. as part of the UniverCity program; Whereas, due to the location of the homes and the surrounding commercial uses, staff wanted to determine the demand for retail, office and community arts and culture uses for these properties; Whereas, after a Request for Proposals was released to the community, Public Space One responded and signed the attached purchase agreements contingent on Council approval to acquire both homes as community art space for exhibitions, education and other events as well as a community print studio and individual artist studios; Whereas, the sale price is $203,177 for 225 N. Gilbert and $268,178 for 229 N. Gilbert (for a total of $471,355), which is based on the price the City paid to acquire the homes ($185,000 for 225 N. Gilbert and $250,000 for 229 N. Gilbert for a total of $435,000) plus the City's expenses incurred since acquisition (e.g., taxes, interest, utilities, and lawn maintenance); Whereas, in consideration for the City providing downpayment assistance of $116,000 ($58,000 per home), for 15 years the City will have the right of first refusal and the right to 25% of the net sale proceeds if the house is sold (and the City does not exercise its right to purchase it); Whereas, the renovated homes will be an asset to the neighborhood as well as support arts and culture in the community; and Whereas, following the public hearing on the proposed conveyance, the City Council approves the attached purchase agreements and finds that the conveyance is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 225 and 225 N. Gilbert Street, 2. The City Attorney is hereby authorized to deliver said warranty deeds and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 6th day of August 2019. M or / Approved by - Attest:4 914 Ian City Clerk City Attorney's Office Resolution No. 19-215 Page 2 It was moved by Mims and seconded by Cole Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton nm Item Number: 17. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT August 6, 2019 Resolution approving the Long -Term Deer Management Plan for the Years 2019 to 2024, rescinding Resolution No. 19-167, and authorizing the City Manager to sign an agreement with White Buffalo, Inc. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Ashley Monroe, Assistant City Manager Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: No Recommendation Commission: N/A Attachments: Resolution Deer management plan Executive Summary: The deer management plan attached to the resolution provides that the City shall request authorization from the Natural Resources Commission (NRC) to sharp shoot in the upcoming winter and shall request authorization for a bow hunt in the following four fall/winters. Members of the NRC have indicated that they will not approve a winter of sharpshooting unless the City engages in a meaningful bow hunt the following four years. Background /Analysis: The NRC is a 7 -person statewide board that approves deer management in urban areas. The members are appointed by the Governor and confirmed by the Senate. The Dept. of Natural Resources is the staff support to the NRC. Staff made two requests in 2018 to manage the deer population by sharpshooting over multiple years, and the NRC denied both requests. The 2018 requests were similar to the 11 requests approved between 1998 and 2009. Council discussed this issue at the April 23 formal meeting. Staff stated that they did not believe that the NRC would approve a plan unless it included bow hunting and that it likely would approve a plan consisting of one year of sharpshooting followed by four years of bow hunting. At the June 18 meeting Council approved a 5 -year deer management plan in Resolution No. 19- 167 that provided the City would seek authorization from the NRC to sharp shoot on two occasions in the winter of 2019-2020 and would request authorization to bow hunt if necessary to maintain the deer density of 10 deer per acre. At the July 11 meeting of the NRC, the City's plan was not approved by a vote of 5-2. The Mayor and City Manager engaged in a 90 -minute discussion with the commissioners about the City's proposed plan. Council member Teague and Ass't. City Attorney Dulek also attended the meeting. During the July 11 meeting, NRC members indicated that they would approve a plan that included one year of sharpshooting if it was followed by four years of meaningful bow hunts. The plan attached to the resolution provides for sharp shooting on two occasions in 2019-2020. The plan further provides that the City shall request a bow hunt in the following four fall/winters and the bow hunt shall have a minimum duration of 30 days. The exact parameters of the bow hunts will be submitted to the NRC in the future and will include the geographic location of the bow hunts and the appropriate number of tags. In addition to providing that the City shall request bow hunts for four years, there are two other substantive changes to the plan approved on June 18. One change is that the deer density has been increased from 10 to 25 deer per square mile. In the previous years when NRC approved a sharp shoot, the density was initially at 35 deer per square mile and then 25 deer per square mile. In both 2018 requests, the City listed a density of 25. Staff was of the misunderstanding that the NRC would only approve a plan that had a density of 10. However, the Commissioners indicated on July 11 that the density was a local decision. DNR staff did state that the deer density needs to be close to 10 if the goal is to protect vegetation. The other change is that there is a new Section entitled "Continued Monitoring and Evaluation." At the July 11 meeting, the Commissioners indicated that they wanted assurance from the City that it would continuously monitor and evaluate the deer management efforts in the future. Although some of the action steps were included in the June 16 plan, the current plan expands those steps. If approved, the plan will be forwarded to the NRC for consideration at its August 8 meeting. If the NRC approves the plan, the resolution also authorizes the City Manager to enter into an agreement with White Buffalo, Inc. for sharpshooting next winter. Beginning the winter of 1999- 2000 and continuing annually through 2009-2010 (with the exception of the winter of 2002- 2003), the City contracted with White Buffalo, Inc. to sharp shoot. The contract amount will exceed the $150,000 spending authority of the City Manager's authority and so requires Council approval. ATTACHMENTS: Description resolution deer management plan Accept Correspondence from Betty White [Staff response included] Prepared by Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 19-216 Resolution approving the Long -Term Deer Management Plan for the Years 2019 to 2024, rescinding Resolution No. 19-167, and authorizing the City Manager to sign an agreement with White Buffalo, Inc. Whereas, the Iowa Natural Resources Commission is authorized to approve deer management in urban areas, Whereas, the Iowa Natural Resources Commission has requested that the City have a long-term deer management plan (i.e., 5 -year); and Whereas, the attached deer management plan is a 5 -year plan to manage the City's deer population with one year of sharpshooting and four years of bow hunting along with five years of non -lethal activities; and Whereas, Council previously approved a 5 -year plan in Resolution No. 19-167, which the Iowa Natural Resources Commission did not approve and which should be rescinded accordingly; and Whereas, the City Manager should be authorized to enter into a contract with White Buffalo, Inc. for sharpshooting deer in the winter of 2019-2020 to implement the attached plan. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: 1. The attached Long -Term Deer Management Plan for the Years 2019 to 2024 is approved. 2. The City Manager is authorized to submit the deer management plan to the Iowa Natural Resources Commission for approval. 3. Resolution No. 19-167 is rescinded. 4. Upon the direction of the City Attorney, the City Manager is authorized to sign a contract with White Buffalo, Inc. for sharpshooting in the winter of 2019- 2020 to implement the attached plan. Passed and approved this 6th day of August 2019. M OR Approved by: � �� ATTEST: cCL�,�� -K - ( -'s CIT ERK ( City Attorney's Office Resolution No. 19-216 Page 2 It was moved by Mims and seconded by Cole the Resolution be adopted, and upon roll call there were: AYES: NAYS: I\:1,06N F Cole Mims Salih Taylor Teague Thomas Throgmorton IOWA CITY LONG-TERM DEER MANAGEMENT PLAN FOR THE YEARS 2019 TO 2024 (Approved by City Council in Resolution No. 19-216 on August 6, 2019) 1. Sharpshooting in the Winter of 2019-2020 Pursuant to 571 Iowa Admin. Code 105.5, the City shall request Natural Resources Commission approval of an urban deer management zone during the winter of 2019-2020. Additionally, the City shall request that the special harvest be conducted under the following conditions: 1. The deer management area is defined as all public and private land within the corporate limits as designated by the City Council. Property owners will need to provide the City with permission. 2. The number of deer to be killed will bring the deer to a density of less than 25 deer per square mile. 3. It will be conducted solely by professional wildlife biologists trained as sharp shooters. 4. Bait may be used to attract deer to select sharpshooting locations. All baiting will be discontinued immediately and all remaining bait shall be removed if a CWD (chronic waste disease) positive test result is confirmed. If no CWD positive test result is confirmed, all bait will be removed at the end of the sharp shooting effort. 5. The deer carcasses will be individually identified (i.e., tagged) and transported whole (i.e., not field dressed) to a locker. All deer ages 1 year and older will be frozen and tested for chronic waste disease and held in individual containers until CWD test results are known. The City will enter into a contract with Iowa Dept. of Natural Resources for CWD testing and all costs will be borne by the City. The contract will contain further testing details. 6. After receiving a "not detected" CWD test result, all deer meat will be distributed free of charge at local food banks. If there is a positive CWD test, the carcass will be properly disposed of. 7. All antlers will be sawed off above the pedicle and turned over to the Iowa Dept. of Natural Resources. The locker will keep the hides. 8. Deer sharp shooting activities may occur on two separate occasions from December 1, 2019 through March 31, 2020. 11. Bow Hunting in the Fall/Winters 2020-2024 Pursuant to 571 Iowa Admin. Code 105.5, the City shall request Natural Resources Commission approval of an urban deer management zone during the fall/winters of 2020-2024. The duration of the bow hunt shall be a minimum of 30 days. 2. The parameters of the bow hunt shall be developed following discussions with Dr. Garner and DNR Depredation Biologists, including the designated geographic boundaries and appropriate number of tags. The parameters shall be provided to the NRC by May 2020. 3. A request for an urban deer bow hunt shall be submitted to the NRC by May of the years 2020-2023 for the following fall/winters. III. Continued Monitoring and Evaluation from 2019 to 2024 Monitoring and evaluating the deer management efforts (both lethal and non -lethal) shall occur on a continuing basis and shall include the following: 1. Conducting an annual aerial survey in conjunction with the DNR to determine the density level of deer per acre and providing the result to the NRC. 2. Monitoring the trends over the years with the evaluation criteria to include: winter helicopter aerial deer surveys (estimate of minimal number of deer and their distribution), tracking of total deer harvest including the number of licenses sold and percent harvest success (estimate of deer abundance based on effort and success), deer/vehicle collisions and property damage complaints. An annual report containing an evaluation of these criteria will be provided to the NRC similar to the Polk County Controlled Bow -Hunt 2018-2019 Deer Report. 3. Reviewing whether 25 deer per mile is the appropriate density level. 4. Scheduling an annual City staff review of this plan specifically and evaluation of the deer population management generally. 5. Providing for public input: a. Developing a web page to accept complaints and suggestions. b. Scheduling an annual listening session for members of the public to address City staff on deer management including this plan. c. Placing a deer management update on a City Council agenda annually to allow members of the public to address City Council. IV. Non -Lethal Deer Related Activities through July 2024 Below are a series of activities Iowa City is committing to provide, consider and develop. These activities are based, in part, on successful non -lethal tools used in Mentor, Ohio, Austin, Texas, and Rochester Hills, Michigan. "Provide" means placing the information on the City's website, having hard copies available upon request, and having selected hard copies available at City Hall, the library, and other locations. Note that these activities will begin before sharpshooting. Deer -proof Fencing Provide Images of deer -proof fences for gardens & other landscaping materials. Consider Amending the City Code to decrease the restrictions on residential fences between 6 and 8 feet in height. Landscaping & Gardening 3. A request for an urban deer bow hunt shall be submitted to the NRC y of the years 2020-2023 for the following fall/winters. Monitoring and eva sting the deer management efforts (both lethal an non -lethal) shall occur on a continuing basis nd shall include the following: 1. ConductingXt al aerial survey in conjunction w' the DNR to determine the density leveper acre and providing the re It to the NRC. 2. Monitoring ts over the years with the ev ation criteria to include: winter helicopter ar surveys (estimate of min' al number of deer and their distribution)of total deerhavestin ding the number of licenses sold and percent harc s (estimate of deer ndance based on effort and success), deer/vehiclens nd property dam a complaints. An annual report containing an evaluatiose c 'teria will be pr vided to the NRC similar to the Polk County Controlled Bow -Hunt 201 -2019 Dee 3. Reviewing whether 25 de er acr 4. Scheduling an annual City st ff re ie' deer population management era 5. Providing for public input: a. Developing a web page t ac ept b. Scheduling an annual li tening e staff on deer manage ent inclu i c. Placing a deer man ement upd. members of the pu lic to address IV. Below are a series of: activities are based, in and Rochester Hills, N having hard copies av, Hall, the library, and of Deer -proof the appropriate density level. of this plan specifically and evaluation of the complaints and suggestions. asion for members of the public to address City ig this plan. to on a City Council agenda annually to allow kity Council. ionIowa City is committing o provide, consider and develop. These on successful non -lethal to6ks used in Mentor, Ohio, Austin, Texas, gan. "Provide' means placing t e information on the City's website, de upon request, and having sel cted hard copies available at City locations. Note that these activiti s will begin before sharpshooting. ages of deer -proof fences for gardens & other Amending the City Code to decrease the restrictions between 6 and 8 feet in height. & Gardening materials. fences 0. PrnvidP • Information on deer feeding patterns, deer resistant perennials, netting, "scare - based devices (such as wind chimes with the middle striker removed so it only triggered if the deer move them), repellants and decoy plants. • Information on barriers in the form of vegetation (such as hedges and thorny bushes to discourage deer from entering). Consider • Establishing a deer resistant garden as a demonstration project. Deer -Vehicle Accidents Awareness & Prevention Prnvide Maps showing deer vehicle accidents so residents know where to be alert to the presence of deer and where and when drivers are more likely to encounter deer. Educational information for drivers, such as: if you see one deer, there are likely others; deer often come out of roadside ditches or tall growth/unmowed areas, at dusk and dawn, during October -December (rut and hunting seasons), and during May/June (fawns); and defensive driving techniques (such as use of high beams at night, reducing inside vehicle lighting, and watching for deer "eyeshine" by roadsides). Cnnsider • Reducing speed limits in high deer traffic areas. • Installing seasonal signage in high traffic corridors during rut and hunting season. • Installing Strieter-Lite reflectors, white flags along roadways, roadway sensors to warn of animals in road ahead, and strobe lights and sounds to warn deer of approaching cars. • Requiring deer resistant plants in City right of way. • Designing new streets or re -landscaping streets with deer attraction in mind. • Installing roadside fencing and adding fencing to overpasses and underpasses. Additional Educational Activities Provide • Links to resources from government, academia, and non -profits on deer management such as ISU Extension, Iowa Dept. of Natural Resources, and the U.S. Humane Society. • Suggestions for how to behave around deer (such as do not approach a deer with fawn or with a dog on a leash). Develop • "Deer" contact person in the neighborhood associations to assist with disseminating information. • Use of utility bill inserts for various deer related education 3 Other Actions Consider • Amending City Code to prohibit intentional feeding of deer. • Expanding natural areas in the community that also serve as safe environments for wildlife Potential Partnerships Develop • Partners to assist in implementing the plan including Iowa City Master Naturalists, Project Green, Iowa City Gardeners Facebook group, Iowa City Deer Friends, local landscaping companies, local fence companies, and University of Iowa. 4 Kellie Fruehling From: Geoff Fruin Sent: Friday, July 19, 2019 2:10 PM To: 'Betty White'; Council Subject: RE: DEER Ms. White, Thank you for your email. The City is currently working to obtain the required permit from the State of Iowa to reduce our deer population. We expect to begin that process this upcoming winter season. Thanks again for sharing your feedback. We hope you will notice a change in the coming year. Sincerely, Geoff Fruin City Manager -----Original Message ----- From: Betty White [mailto:bgwhite6o@msn.com] Sent: Friday, July 19, 2019 12:07 PM To: Council <Council@iowa-city.org> Subject: DEER Hello, I feel that I need to let you know of my frustration with Deer in my garden. This is the third year that we have had extensive damage to our plantings of perennials. We have Deer coming and going all day and at night. They eat all of our Daylilies and Hosta flowers as well as general munching of other plants. I am a Nurse and do worry about Deer tics in my garden. I have some immune issues and can not handle Lyme disease. I think this is a health issue for many citizens of Iowa City. I live in the City not out in the country. I did not expect Wildlife looking in my window while enjoying my garden. At one point we had 14 Deer in our yard at one time. Please consider a solution to this problem. Thank you for your time. Betty A White Sent from my iPad i-7 Kellie Fruehlin ,c i,11juja!s uistriDuteu From: Mark McMullen <mcmullenmf@gmail.com> Sent: Tuesday, August 06, 2019 6A7 AM To: Council Subject Deer Reduction Plan (Date) To all council members- I live at 5 White Oak Place in Iowa City(corner of Foster and White Oak Place). We moved to Iowa City 9 years ago. Each year we have seen the deer damage to our landscape and neighbor's landscape increase. This past winter was terrible. We have spent over $l000 dollars replacing damaged plants. The deer ate plants they have never touched before. Our home borders the Peninsula Neighborhood. Many plantings in that area have been extremely damaged/destroyed making a really pretty neighborhood much less attractive. I like deer, but the population is out of control and there are no natural predators. My wife and I have had many near -collisions with deer on the streets near our home. Please come up with a plan! Thank you, Mark McMullen 5 White Oak Place Iowa City moi- 1-1 Late Handouts Distributed Kellie Fruehlin From: pat@pckamath.com Sent: Tuesday, August 06, 2019 4:02 PM (Date) To: Council Subject: Long-term deer management plan Attachments: Long-term deer management plan; Long-term deer management plan I am writing to you to express my deep concern about the sharpshooting provisions in the long-term deer management plan. The plan has several issues which I believe will lead to trouble for this community; therefore I urge you to DISSAPPROVE it and go back to the drawing board. As I see it, the issues are: 1. Attempting to reduce the population to a density of 10 deer per square mile is ridiculously limited and not achievable, and offers an excuse to continue lethal weapons being used to meet that standard. 2. Notice provision to the public as to their right to refuse permission to allow hunting on their lands and the time the actual hunts occur are not specified. 3. Restrictions from the use of lethal instrumentalities (arrow or bullets) moving over private property are not specified. I for one cannot understand why a deer eating my plants or wandering in my yard is more of a danger to my wellbeing, my safety, or my beloved pet using my back yard for exercise. I hate the idea of even "professional wildlife biologists trained as sharpshooters" running around with guns, scopes, bait or bows and arrows. Do I have the right to stop these "experts" from shooting off the walkway across my property where myself, or my dog are exercising? What guns are they using, and what is the lethal range of the missile they shoot. Item Number: 18. 'r AL CITY OF IOWA CITY =� COUNCIL ACTION REPORT August 6, 2019 Resolution authorizing the Mayor to sign and the City Clerk to attest to an agreement between the City of Iowa City and Nelson Nygaard Consulting Associates Inc. for the contracting of transit planning services for a comprehensive transit operations analysis and a 28E cost-sharing agreement between the City of Iowa City, the City of Coralville, and the University of Iowa. Prepared By: Darian L. Nagle-Gamm, Transportation Services Director Reviewed By: Ashley Monroe, Assistant City Manager Geoff Fruin, City Manager Fiscal Impact: The cost of the study is $225,666 with Iowa City being responsible for $146,683 (65%) while Coralville will contribute 10% and the University of Iowa will contribute 25%. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Consultant Agreement 28E Agreement Executive Summary: On August 6th, the City Council will consider authorizing an agreement with transportation planning firm Nelson -Nygaard Consulting Associates for a Comprehensive Operations Analysis (COA) of Iowa City's transit system. The resolution will also authorize a cost -share agreement with the City of Coralville and the University of Iowa, the City's partner transit agencies within the metro area. The COA will include a review of all routes, stops, hours of operation (including Sunday service), service areas, frequency of service, policies, and fares/passes including an analysis of a zero -fare system within Iowa City. All components of the study will be informed by a robust data collection and public engagement process. The study will also consider emerging transportation technologies and solutions to help address current and future transportation challenges, strategies to improve coordination between local agencies, and will culminate in a set of service recommendations and associated costs to help guide decision making. Background /Analysis: The City Council's 2018-2019 Strategic Plan calls for the City "to undertake a comprehensive assessment of Iowa City's public transit system and to implement changes to assure that the service best meets the needs of the entire community." In order to meet the goals of the recently adopted Climate Action plan and Strategic Plan objectives, staff worked with the Council in the fall of 2018 to articulate the following vision for the transit system: Iowa City Transit is a sustainable, reliable, equitable, and safe transportation option that welcomes and connects all riders with economic and community opportunities seven days a week. Iowa City Transit will double 2018 ridership levels by 2028 through policy and investments that target and expand our level of service and eliminate barriers to access, potentially including the elimination of fares. As new buses are procured, Iowa City Transit will begin the conversion to electric. These are lofty goals that will require creative thinking and innovation in order to enhance the transit system so that it meets the needs of a greater number of residents and visitors. Staff and City Council will no doubt face difficult decisions upon completion of the study, particularly in terms of developing funding streams to accomplish these goals. That said, without significant investment in transit the City will fall short of the goals articulated here and within the Climate Action Plan, which calls for a shift of 55 percent of vehicle trips with sustainable options such as public transportation, bicycle, or pedestrian trips by 2050 in order to reach greenhouse gas emission goals. Following the approval of the agreements, staff will host a kick-off meeting with the consultant team and the study will begin in earnest after the University and School District are in session this fall. The study is expected to take the greater part of the next twelve months to complete due to the complexity and depth of analysis. As such, staff will provide periodic updates throughout the process. ATTACHMENTS: Description Resolution Consultant Agreement 28E Agreement Paul D. Pate pit OF AOR Ny W Secretary of State State of Iowa J4 AY 6 PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: } z FILED 28E 0 City of Iowa City City Johnson Party 2 Agreement LL M511954 Party 3 0 Other Johnson 0 LL 8/27/2019 12:03:03 PM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: *Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 410 Public Transit (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Cost-sharing agreement between the City of Iowa City, the City of Coralville, and the University of Iowa for the comprehensive transit operations analysis by Nelson Nygarrd Consulting(Res 19-217) Item 4. The duration of this agreement is: (check one) ❑Agreement Expires mindefinite Duration [mm/dd/yyyyl Item 5. Does this agreement amend or renew an existing agreement? (check one) m NO ❑ YES Filing # of the agreement: (Use the fling number of the most recent version fled for this agreement) The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Fruehling FIRST Name Kellie Title City Clerk Department City Clerk Email kellie-fruehling(a)iowa-city.org Phone 319-356-5041 Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 City of Coralville City Johnson Party 3 University of Iowa Other Johnson Party 4 Party 5 *Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 410 Public Transit (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Cost-sharing agreement between the City of Iowa City, the City of Coralville, and the University of Iowa for the comprehensive transit operations analysis by Nelson Nygarrd Consulting(Res 19-217) Item 4. The duration of this agreement is: (check one) ❑Agreement Expires mindefinite Duration [mm/dd/yyyyl Item 5. Does this agreement amend or renew an existing agreement? (check one) m NO ❑ YES Filing # of the agreement: (Use the fling number of the most recent version fled for this agreement) The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Fruehling FIRST Name Kellie Title City Clerk Department City Clerk Email kellie-fruehling(a)iowa-city.org Phone 319-356-5041 )Z Prepared by: Darian Nagle-Gamm; Transportation Services, 335 Iowa Ave., Iowa City, IA 52240 (319) 356-5156 Resolution No. 19-217 Resolution authorizing the Mayor to sign and the City Clerk to attest to an agreement between the City of Iowa City and Nelson Nygaard Consulting Associates Inc. for the contracting of transit planning services for a comprehensive transit operations analysis and a 28e cost-sharing agreement between the City of Iowa City, the City of Coralville, and the University of Iowa. Whereas, the Iowa City City Council's 2018-2019 Strategic Plan calls for the City to undertake a comprehensive assessment of the current public transit system and implement changes to assure that the service best meets the needs of the entire community.; and Whereas, it is in the mutual interest of the City of Iowa City, the City of Coralville, and the University of Iowa to encourage the use of public transit and have a high -functioning and well -coordinated transit system; and Whereas, Iowa City, Coralville, and the University of Iowa desire to perform a comprehensive transit operations analysis for the three -agency transit system; and Whereas, after soliciting proposals from consultant firms the parties have selected Nelson Nygaard Consulting Services, Inc., to provide the analysis and have agreed that Iowa City will enter into a consultant agreement with Nelson Nygaard for performance of the comprehensive analysis for a not -to - exceed fee of $225,666; and Whereas, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and Whereas, the parties have negotiated a 28E Agreement for the contracting of the transit Comprehensive Operations Analysis for each agency's system, a copy of which is attached and incorporated herein. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 2. The attached 28e agreement for cost sharing of transit planning services between the City of Iowa City, Iowa, the City of Coralville, and the University of Iowa is hereby approved in substance, and the Mayor is hereby authorized to execute and the City Clerk to attest to a 28e agreement for consulting services. 3. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E. Passed and approved this 61 day of August, 2019. l -TT , Mayor ' Approved by Resolution No. 19-217 Page 2 Attest: C , �x - 0 1 City Clerk City Attorney's Office It was moved by Salin and seconded by Taylor the Resolution be adopted, and upon roll call there were: AYES: NAYS; ABSENT: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Transit Comprehensive Operations Analysis Consultant Agreement This Agreement, made and entered into this 6th day of Aueust , 2019 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and NelsonlNygaard Consulting Associates, Inc, a California corporation, hereinafter referred to as the Consultant. Whereas, the City of Iowa City seeks to improve its transit system through a Comprehensive Operations Analysis (COA) in partnership with the City of Coralville and the University of Iowa; and Whereas, the City desires the services of a consulting firm to perform the COA including a thorough review of all routes, stops, schedules, fares, transfer policies; including a robust public input process and prioritized recommendations, and other items as noted in the scope of services; and Whereas, the City issued a request for qualifications (RFQ) asking private agencies to submit statements of qualifications in performing tasks associated with this COA; and Whereas, Submittals were received from consulting firms and evaluated by a selection committee; and Whereas, NelsonlNygaard Consulting Associates, Inc. was selected based on qualifications such as project approach, key personnel, and previous experience; and Whereas, funds for the study have been made available in the Transit Operations — Fixed Routes — Other Professional Services fund. 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. I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely manner on a mutually agreed upon schedule. Task 1 — Project Management a. Conduct a kickoff meeting with agency staff and other relevant stakeholders b. Perform site visits/bus rides with agency staff to evaluate key elements of the transit system: transfer points, stations and stops, key travel corridors, activity centers, and residential developments. c. Facilitate a minimum of (4) Technical Advisory Committee meetings, with additional meetings as required. Topics to include: i. Project goals, existing conditions, and discussion of tradeoffs. Gather and present findings from data collection activities, stakeholder input, market analysis, and public involvement activities. Facilitate and report the results of tradeoff surveys. ii. Initial Scenarios — Present draft scenarios/alternatives to improve the existing transit system and address the goals and objections set in previous meetings and address operational issues in the systemwide review. iii. Initial Preferred Scenario(s) — To review and provide feedback on the initial preferred scenario. iv. Final Preferred Scenario(s) — To present the final preferred scenario and the overall findings of the draft report prior to approval. -2 - Host project meetings with the Iowa City project manager on a bi-weekly basis. Monthly management level progress reports listing areas of concern and actions, updating statuses for each milestone, and providing updates on project 2. Task 2 - Data Collection a. Collect all necessary data in order to perform a robust comprehensive operations analysis of the three -agency system. b. Gather stop -level boarding and alighting data for the City of Iowa City, City of Coralville. Gather stop -level boarding data for the University of Iowa. c. Perform an on -board passenger survey to inquire about demographics, fare payment, transfer patterns, and desired transit system improvements or unmet needs. d. All data collection to be performed weekdays on Tuesday, Wednesday, or Thursdays while the University of Iowa and Iowa City Community School District is in session. e. Gather and review on-time performance data, historical and recent ridership data, route schedules and operator assignments, an inventory of all fixed -route stops, an inventory of the vehicle fleet, list of all recent service changes, annual operating budgets, public feedback regarding service, service agreements, and all applicable GIS data. 3. Task 3 - Public Participation a. Clearly identify stakeholder opinions and key service issues b. Host public a minimum of (2) public meetings using interactive methods such as tradeoff or preference surveys. c. Engage the public with the `Design Your Transit System" web -based tool to allow users to design their own system given a set level of financial resources to assist in prioritization of service and capital investments. d. Use web -based surveys to solicit feedback from riders and non -riders. e. Facilitate stakeholder engagement (key individuals or community groups) with a goal of understanding operating conditions, needs, challenges, issues and guidance for the future. f. Student -specific outreach to include open house -style drop-in sessions on campus, targeted surveys, or online outreach coordinated with University officials. g. Seek input from transit operators and supervisory staff on system h. Develop multi -pronged approach to reach out to underserved populations. i. Ensure as equitable of feedback as possible from diverse income levels and racial backgrounds and adjust public input strategies as necessary. j. Perform outreach to large student housing complexes that currently provide private bus shuttles to see if coordination with public transportation would better serve residents and the community. 4. Task 4 - Existing Conditions a. Undertake a review of these and other comprehensive plans: i. Iowa City Downtown & Riverfront Crossings Master Plan (2013) ii. Iowa City Comprehensive Plan (2013) and sub -district plans (various) iii. Iowa City Climate Action Plan (2018) iv. Iowa City Downtown and Pedestrian mall Streetscape Plan Update (2014) v. Iowa City Public Works Master Plan (2016) vi. Iowa City Bicycle Master Plan (2017) vii. University of Iowa Campus Master Plan (2006) viii. Coralville Community Plan (2014) ix. Coralville West Land Use Area Master Plan (2016) x. MPO of Johnson County Transportation Development Plan (2014) -3 - xi. MPO of Johnson County Future Forward 2045 Long Range Transportation Plan (2017) b. Perform development review by studying relevant adopted plans and policies and/or interviews with municipal or University staff related to current and future development of high-density, multi -family complexes, major employers, and campus buildings. c. Perform market analysis to evaluate area population, employment, and socio- economic characteristics and identify major activity centers and determine transit demand by subarea using census block group data. Represent the data and transit propensity using high-quality GIS based maps and graphics. d. Perform route analysis by using manually collected data to assess the location and frequency of ridership on every route, trip, and stop creating scorecards for each route, producing ridership reports, load profile reports, trip summary reports, and running time reports in high quality GIS -based maps that are easy to interpret by all stakeholders. e. Identify existing service gaps and opportunities by using the market analysis and existing services analysis including access to essential services such as housing, employment, healthcare, schools/education, and recreation. Specifically focus on how to better meet the needs of the community and ensure that traditionally - underserved populations have access to essential services. f. Identify opportunities to improve connectivity between agencies, including better ways to coordinate in corridors that have overlapping routes. g. Review of City and CAMBUS service to adjacent neighborhoods with student and UI employee populations, including analysis of potential gaps in service to and from the University campus. This includes routes and days/times of service. h. Review of night and weekend CAMBUS service routes, stops and service levels to determine if the right locations are being serviced and if stops are still necessary and utilized. 5. Task 5— Service Scenarios and Recommendations a. Scenarios should be over a short (5 year) to mid-term (15 year) period. b. Scenarios should take into consideration both the current location of the Iowa City Transit Facility (1200 S. Riverside Drive), and also the future proposed location on the northeast corner of Gilbert Street and McCollister Boulevard. c. Scenarios should consider University class start/end times and shift times for major employers. d. Develop mutually agreed upon number of service scenarios for agencies, key stakeholders, and the public to review. Consultants will review and keep in mind current, historic, and projected resource availability, to ensure that the recommendations are realistic, implementable, and cost effective. e. Recommend services changes and alternatives shall include: i. Different service structures (new routes) ii. Route realignments iii. Changes to service frequencies iv. Revised service timeframes (if applicable) v. Service to new areas vi. Identification of service vehicle types, when appropriate vii. Strengths and weaknesses of each service scenario are considered and discussed. f. Develop route -level alignments with alternative major transfer/interchange location(s) at Court Street Transportation Center or other identified location. g. Host workshop with staff from all agencies during the development of initial scenarios to ensure adequate feedback. M h. Develop frequency levels for proposed services and projected ridership levels and vehicle type. i. For the City of Iowa City and the University of Iowa, identify desired expanded levels of service including hours of operation (including expanded evening/night services and Sunday service), frequencies of routes and other improvements or recommendations that do not fit within existing fiscal constraints that could be pursued with additional resources. Help develop strategies to fund these recommendations including annual operating cost estimates on a route -by -route basis. j. Identify innovative transit solutions to complement fixed route services and provide coverage where gaps in service exist or service hours. Study should consider emerging technologies and solutions to help address current and future transportation challenges. k. Identify conceptual cost estimates for equipment and facilities associated with proposed changes. I. Utilize the Government Alliance on Race and Equity (GARE) Racial Equity Toolkit or similar strategy as a framework for evaluating racial equity impacts and ensuring the benefits or potential drawbacks of a reimagined transit system are equitably distributed. m. Develop preferred alternative(s) and implementation plan i. Provide route -level and systemwide implementation guidance for the preferred alternative(s) ii. Provide a prioritized implementation plan 6. Task 6 — Fare Analysis a. Establish analysis goals b. Review of fares and passes and identification of opportunities for improved interagency coordination c. Review of interagency transfers/transfer policies and provide recommendations for improved coordination. d. Evaluate potential for standardized fare structure across the region including: i. Common fare purchase and collection procedures ii. Standardized pass structure and fare discounts iii. Evaluate integrated fare technology application e. Evaluate potential for zero -fare system for the City of Iowa City, including the projected impacts to ridership and routes, and also labor and capital requirements necessary to support projected increases in ridership. f. Review of possible ticketless/mobile ticketing solutions. g. Develop fare model and fare scenarios evaluating ridership and revenue impacts associated with potential fare structures. h. Analyze if strategies will achieve ridership, farebox recovery, operating cost per boarding, and other desired goals. i. Develop recommended fare integration strategy 7. Task 7 - Capital Planning a. Evaluation of passenger facilities and amenities, including recommendations for improvements of bus stop spacing, shelter design and amenities, stop placement and/or pedestrian improvements. b. Evaluation of the location and use of the current downtown interchange including pedestrian access, operation feasibility, bus capacity, traffic flow, traffic impacts, available use of public right-of-way, and cost implications of redesigning existing downtown routes to access the facility. c. Evaluation of use of the Court Street Transportation Center (or alternative site) as the downtown interchange location. -5 - Preliminary transit facility needs and location analysis for the University of Iowa. Evaluation of the capital impacts of a zero -fare transit system in terms of fleet, facility, and infrastructure requirement for Iowa City. Evaluation of capital, rolling -stock, and infrastructure needs to transition Iowa City's and the University of Iowa's fleet to electric: i. Provide overview of current technology, including discussion of current vehicle ranges and charging options. ii. Provide high-level analysis of capital, operational, and maintenance costs associated with electric vehicles compared with standard diesel vehicles. iii. Outline the 20 -year implications of capital, operating, and maintenance costs for diesel buses versus electric buses. iv. Consider potential routing modifications, charging station locations, and an overview of routes with the highest potential for electric bus operation. v. Evaluate the use of electric buses on Iowa Avenue between Riverside Drive and Madison Street due to the low clearance (10 foot 5 inch) of the Iowa Avenue Railroad Bridge. Determine if alternative routes or strategies exist for this critical transit corridor. Discussion of autonomous' technology's potential impact on transit service. Time of Completion The Consultant shall complete the following phases of the Comprehensive Operations Analysis in accordance with the attached schedule. 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 "lump sum" 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 exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. IM 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. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. 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 as set forth in the Scope of Services. 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. RESERVED The City agrees to tender the Consultant all fees in a timely manner in no event later than thirty (30) days following receipt by City of an acceptable invoice for services provided in the prior month, 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 acknowledges 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 damages resulting from the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000 per claim and aggregate. -7 - IV. Compensation for Services Consultant shall be compensated for the services identified herein in an amount not to exceed $225,666 on an HOURLY basis in accordance with the Hourly Fees and Charges, attached hereto and incorporated herein by this reference. Consultant will invoice the City for services on a monthly basis. Any Additional Services performed by Consultant shall be compensated at the relevant hourly rate shown on the attached Hourly Fees and Charges, but only where such services are agreed to by written amendment to this Agreement. V. Miscellaneous A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standard of care for consultants providing similar services under similar circumstances in a similar geographic location. 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 theCity By:_��/ Title: Mayor Date: August 6, 2019 Attest: pwlloime\mnse fm For the Cons ani By: Title: FI+J / NVq-"CKL rata• 8[ OSS/R-O 1 q Approved 2 City Attorney's Office �-i - M Date Hourly Fees and Charges Prepared by: Darian Nagle-Gamm, Director of Transportation Services, 410 E. Washington Street, Iowa City, IA 52240 (319) 356- 5030 Chapter 28e agreement between the City of Coralville, the University of Iowa and the City of Iowa City regarding a comprehensive transit operations analysis. This agreement is made by and between the City of Coralville, Iowa, a municipal corporation, hereinafter referred to as "Coralville", the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "Iowa City" and the University of Iowa. Whereas, Coralville, University of Iowa and Iowa City desire to perform a comprehensive transit operations analysis for the three -agency transit system., hereinafter referred to as the "COX; and Whereas, after soliciting proposals from consultant firms the parties have selected Nelson Nygaard Consulting Services, Inc., hereinafter referred to as "Nelson Nygaard" to provide the analysis and have agreed that Iowa City will enter into a consultant agreement with Nelson Nygaard for performance of the comprehensive analysis for a not -to -exceed fee of $225,666; and Whereas, the parties have agreed to share the costs of said consultant agreements in proportion to the services that each jurisdiction requires; and WHEREAS, pursuant to Chapter 28E of the Code of Iowa (2019), Iowa City, Coralville and the University of Iowa desire to enter into an agreement outlining their respective duties and responsibilities regarding said COA. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Purpose. The purpose of the agreement is to fix the financial responsibilities of each party. II. Consideration. The mutual consideration herein is the undertaking of the Project and execution of this agreement by the parties. III. No separate legal entity. No separate legal entity is created by this Agreement. The City Council of each City will administer the City's duties hereunder. IV. Consulting Services. 1. Consultant Agreement. The parties have solicited proposals from numerous consultant firms which are qualified and capable of providing transit system comprehensive operation analyses including data collection, public participation, existing conditions analysis, develop service scenarios and recommendations, perform fare analysis, and perform capital planning. The parties have selected the consulting firm of Nelson Nygaard. Iowa City shall enter into a consultant agreement with Nelson Nygaard for said services in a form acceptable to all parties. Pursuant to said agreement Nelson Nygaard will be compensated for services identified therein on an hourly basis with invoices to be submitted monthly. The total fee for all services shall not exceed $225,666. Financial responsibility for payment of consulting services for the COA shall be as follows: Iowa City: 65% of consulting fee Coralville: 10% of consulting fee University of Iowa: 25% of consulting fee No party shall be responsible for fees in excess of its allocated percentage of said not -to - exceed fee unless the party has approved the additional services and costs for the same in writing. 2. Payment of invoices and reimbursement to Coralville. Pursuant to said consultant agreement between Nelson Nygaard and the City of Iowa City, Nelson Nygaard will invoice the City monthly. After payment, Iowa City shall present an invoice to Coralville and the University of Iowa for reimbursement based on the share reflected in subparagraph (1) above. Coralville and the University of Iowa shall reimburse Iowa City within 30 days of receipt of the invoice. Dated this day of 20 / CITY OF IOWA CI CITY OF CORALVIL James Throgmorton, Mayor John Ld , Mayor ATTEST: � n ATTEST: ie Fruehli g)City / ay \ TFydrston Johnson, City Attorney's Office NIVERSITY OF David Kieft-,�3usKess Manager ATTEST: Rod LeKnertz, Senior Vice PresKent UNIVERSITY OF IOWA'S ACKNOWLEDGEMENT STATE O WA ) )ss: JOHNSON COUNTY On this day of 03, before me, the State of Iowa, personally appeared d Kieft and being by me duly sworn, did say that t ai e President respectively, of the Universit owa foregoing instrument, that no seal has n procur was signed on behalf of said corp tion by authority David Kieft and, Rod Lehne s such officers acknc be the voluntary act and d of said corporation, by it STATE OF IOWA ) ) ss: JOHNSON COUNTY ) un igned, a Notary Public in and for the d Lehnertz to me personally known, who, Business Manager and the Senior Vice the corporation executing the within and >y the said corporation; that said instrument o ' s Board of Directors; and that the said wledg the execution of said instrument to and by the oluntarily executed. Notary Public in and for the State My commission expires; Iowa City's Acknowledgement On this inA day of >�C� .G(S 201 �, before me, the undersigned, a Notary Public in and for the State of I"a, personally appeared James Throgmorton and Kellie Fruehling, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that James Throgmorton and Kellie Fruehling acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. Notary Public in and for State of Iowa My Commission expires: ` la D invoices to be submitted monthly. The totai fee for ali services shall not exceed $225,666. Financial responsibility for payment of consulting services for the COA shall be as follows Iowa City: 65% of consulting fee Coralville: 10% of consulting fee University of Iowa: 25% of consulting fee No party shall be responsible for fees in excess of its allocated percentage of said not -to - exceed fee unless the party has approved the additional services and costs for the same in writing. 2, Payment of invoices and reimbursement to Coralville. Pursuant to said consultant agreement between Nelson Nygaard and the City of Iowa City, Nelson Nygaard will invoice the City monthly. After payment, Iowa City shall present an invoice to Coralville and the University of Iowa for reimbursement based on the share reflected in subparagraph (1) above. Coralville and the University of Iowa shall reimburse Iowa City within 30 days of receipt of the invoice. this day of / 2019. ITY OF IOWA CITY ATTEST: ruehling, City , Mayor tJIVIV S(`I-T-'Y�-�O�F IOWA avid Kief$, Business M ager ATTES f Rdd Lehne , enior Vice President CITY OF CORALVILLE John Lundell, Mayor ATTEST: Thcrst�n Johnson. City Clerk UNIVERSITY OF IOWA'S ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this q46 day of Sul.. , 2019, before me, the undersigned, a Notary Public in and for the State of Iowa, personally apeared David Kieft and, Rod Lehnertz to me personally known, who, being by me duly sworn, did say that they are the Business Manager and the Senior Vice President respectively, of the University of Iowa the corporation executing the within and foregoing instrument, that no sea: has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said David Kieft and, Rod Lehnertz as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. N14faryiPublic in and fo he State of Iowa My 0.8commission expires: Z' iyI2OzI Ml JAsiGAnUNE ® r' TR 8 y CwrvMssion Humbw 7714#S, . � mbsiaae F t. Iowa City's Asknovgi adgement STATE OF IOWA ) 1 ss JOHNS LINTY 1 On this day of __ Public in and for the State o wt Fruehling, to me personally known, < Mayor and City Clerk, respectively, foregoing instrument is the corporate and sealed en benalf of the corpo Throgmorion and Kellie Fruel i voiuntary'act and deed and the unta vol intarty executed. _,2019. before personally appeared . i`who. being by my me, t c,—z7fidersigned, a Notary Fko's— Throomorton and Kellie sweet, did say that they are the of the„v of a City, Iowa; 'that the seal affixed to the seal of c ation, and that the instrument was signed at by aulhonty is City Council; and that James acknowledged the execu of the instrument to be their iry act and deed of said municipa rporat o.n, by it and them A Notary Public in and for the State of Iowa My Commission expires: Coralville's Acknowledgement STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this �"1 day of ��` 2019, before me, the undersigned, a Notary Public in and for the State of Iowa, Wsonally appeared John Lundell and Thorsten Johnson, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Coralville, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that John Lundell and Thorsten Johnson acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. KEVIN D. OLSON 1 A Notary Public in and for the State of Iowa Commission Number 727324 My Commission expires: My Comj si n Expires br+ Item Number: 19. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution declaring a climate crisis and requesting immediate and accelerated action to address the climate crisis and limit global warming to 1.5 degrees Celsius Prepared By: Ashley Monroe, Assistant City Manager Reviewed By: Simon Andrew, Assistant to the City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This resolution declares recognition of a climate crisis, sets new, higher community carbon emissions targets to reach by year 2030 and 2050, emphasizes a desire to coordinate the City's efforts to accomplish carbon emission reduction and Climate Action and Adaptation Plan goals with utilities, education institutions, and other governments, and requires the issuance of a report recommending specific actions to meet the enhanced goals. The report will be prepared by staff within 100 days of resolution approval and presented to Council for public comment. Background /Analysis: City Council's July 2, 2019 Work Session focused on the City's approach to the implementation of the Climate Action and Adaptation Plan. Staff gave an update on progress since the Plan's adoption in September 2018. The presentation also provided current and trending data about citywide carbon emissions and the level of emissions reduction efforts needed by local utilities, the University of Iowa, and the community at -large, to meet current or proposed carbon reduction goals. Council discussed the feasibility of requests made by the Climate Action Advisory Board and a group of local climate strikers including the declaration of a climate emergency, and adopting the Intergovernmental Panel on Climate Change (IPCC) targets to reduce citywide carbon emissions 45% by 2030 and reach "net -zero" emissions by 2050. Council's discussion resulted in a decision to consider a resolution declaring a climate crisis, adopting the I PCC's higher emissions reduction targets, and requiring a staff -generated report of Plan -inspired actions tailored to meet the urgency of achieving new emissions reduction targets. Details of the draft resolution were discussed at the July 16, 2019 Work Session and the final version of that resolution is attached for consideration. ATTACHMENTS: Description Resolution la Prepared by: Ashley Monroe, Assistant City Manager, 410 E Washington St., Iowa City, IA 52240 (319) 356-5010 Resolution 19-218 Resolution declaring a climate crisis and requesting immediate and accelerated action to address the climate crisis and limit global warming to 1.5 degrees Celsius. Whereas, Climate change is an urgent unfolding crisis that presents a serious threat to global stability and human existence; and Whereas, The City of Iowa City developed a Climate Action and Adaptation Plan, approved in September 2018, to achieve the Council -set targets matching the Paris Agreement for a citywide carbon emissions reduction of 25-28% from 2005 levels by 2025 and 80% by 2050; and Whereas, The Climate Action and Adaptation Plan notes that the majority of Iowa City's carbon emissions are sourced from fossil -fueled energy production by utilities and the University of Iowa; and Whereas, In October 2018, the Intergovernmental Panel on Climate Change (IPCC) issued a special report on the impacts of global warming and the need to reduce global greenhouse gas emissions well before 2030 to hold warming to 1.5 degrees Celsius; and Whereas, To stay within 1.5 degrees Celsius, the IPCC report indicates that global net human - caused emissions would need to fall 45% from 2010 levels by 2030 and reach "net zero", offsetting carbon emissions with carbon removal, by 2050; and Whereas, In 2018, the United States' Fourth National Climate Assessment made clear that climate change will wreak havoc across the United States, and the current pace and scale of national climate action is not sufficient to avert substantial damage to the economy, environment, and human health over the coming decades; and Whereas, According to the Urban Sustainability Directors Network Climate in the Heartland Report, Iowa City, like the Iowa City metropolitan area and the state of Iowa, is already suffering impacts of climate change and the expectation that damaging weather events, including average annual temperatures exceeding the hottest years of historical temperature ranges, increased spring and summer rainfall, excessive daily rainfall frequency, growing season length, and temperature of heat waves, cold waves, and summertime nights will continue and grow more severe if global greenhouse gas emissions are not significantly reduced; and Whereas, Climate change will continue to impact the affordability of basic human necessities such as food, housing, healthcare, transportation, and energy, adding additional pressure on persons and families of low-income and challenging Iowa City's goal of fostering an inclusive, just, and sustainable community for all; now, therefore be it Resolved, That the City Council hereby declares a state of climate crisis, given that the crisis poses a serious and urgent threat to the well-being of Iowa City, its inhabitants, and its environment; and, be it Further Resolved, Iowa City adopts the IPCC targets of a 45% reduction in carbon emissions by 2030 and reaching "net -zero" by 2050; and, be it Resolution No. 19-218 Page 2 Further Resolved, Iowa City will continue to coordinate its efforts with local municipalities, energy utilities, education institutions, as well as other local, regional, and state governments to accelerate actions to rapidly reduce greenhouse gas emissions from fossil fuels, such as gasoline, diesel and natural gas, refrigerants, and other sources; and, be it Further Resolved, That the City Council directs the City Manager's Office to develop and deliver a report within 100 days, recommending ways to accelerate Iowa City's climate actions consistent with new reduction targets; and, be it Further Resolved, That City Council intends to schedule a presentation of and opportunity for public comment on these strategies to achieve goals for emission reductions; and, be it Further Resolved, That Iowa City's climate mitigation and adaptation planning, policy, and program delivery shall ensure a just transition for all its people; and, be it Further Resolved, That as Iowa City works on climate mitigation it shall continue to advance climate adaptation efforts to address unavoidable current and future climate change impacts; and, be it Finally Resolved, That City Council will work with the City Manager's Office to develop a budget that enables urgent climate action in the near term, while ensuring a climate resilient future for Iowa City in the long term. Passed and approved this 6th day of August 2019 M or Attest: UZI City Clerk 4 It was moved by Cole and seconded by adopted, and upon roll call there were: AYES: x NAYS: A p v by 1 City Attorney's Office / ! Salih the Resolution be ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 20. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT August 6, 2019 Resolution approving a purchase agreement for Lot 10, Lindemann Subdivision, Part Eight for landbanking for future affordable housing Prepared By: Tracy Hightshoe, Neighborhood & Development Services Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: $204,000; Budgeted in the Affordable Housing Fund, Land Banking Set - Aside Recommendations: Staff: Approval 1 •iiii •I ►Gl Attachments: Resolution Executive Summary: The City annually reserves 25% of the funds allocated to the Affordable Housing Fund for land banking purposes. Communities typically use land banking to acquire, hold, manage and develop properties such as vacant and abandoned buildings to transition them to productive uses such as affordable housing developments. The City has been investigating possibilities to acquire lots on the open market or available upon subdividing residential land. Currently, there is $845,500 available for land banking purposes. The City has identified a lot in Lindemann Subdivision Part Eight for purchase. The City proposes to purchase Lot 10 from Rollins Pass Development LLC for $204,000. The lot, which can accommodate six townhomes, meets the City's criteria for purchase under the land banking set- aside. Upon the purchase of this lot, $641,500 would remain available for land banking purposes. Background /Analysis: The subdivision consists of 77 single family and townhome lots. The unit price of land for each townhome under this purchase is $34,000. With this purchase, approximately 8% of the proposed homes in the subdivision would be reserved for affordable housing. The City Council established guidelines to determine what land is appropriate to acquire with land banking funds. The process includes a careful analysis of the following nine factors to determine if a site is appropriate for affordable housing. 1. Comprehensive Plan: The site is in the City's Growth Area and is designated for future residential development in the Comprehensive Plan. The Northeast District Plan indicates the area is appropriate for single family residential uses with townhomes near Lower West Branch Road. The subdivision design, which includes a mix of single family lots, multifamily townhome units, and an outlot for wetland preservation and open space, is consistent with the concept for this area shown in the plan. 2. Zoning: The site is zoned for residential development as a Planned Development Overlay Medium Density Single Family (OPD8) development. The OPD plan proposes six townhome lots on Lot 10. 3. Proximity to planned or existing transit: The site will be served by public transit. The City's Eastside Express route currently has a stop at York Place and Brentwood Lane which is within 400 feet of the proposed units. 4. Proximity to neighborhood services: The proposed units are less than'/4 mile from Frauenholtz- Miller Park, and they will be within easy and safe walking distance of the neighborhood commercial district southeast of Rochester Avenue and Scott Boulevard. The units will have access to trails including the Lindemann subdivision greenway and the side path on Lower West Branch Road SE. Students in this subdivision will attend the new Hoover School at the intersection of American Legion Road and Barrington Road, which is approximately 1.1 miles away. 5. Pre -Development Costs: Utility installation is expected through the private development of the site with the rest of the subdivision. Costs to bring utilities to the site are expected to be reasonable, and there are no other known barriers to development, such as environmental contamination and/or an inability to be serviced by utilities. 6. Floodplain: The subdivision contains wetlands and a stream corridor to the west in the area identified as Outlot A. None of the residential lots are in the floodplain. 7. Acquisition of blighted structure/nuisance: The proposed lots are currently a greenfield site and would not be considered blighted or a nuisance. 8. Project leverage: While not subject to the annexation policy that was recently adopted, the goal of the annexation policy was that within each new residential development, 10% of the homes would be affordable. With the acquisition of this lot and development of six affordable townhomes, approximately 8% of this new subdivision would be affordable. At some point, the City may wish to combine this lot with other land to attract a Low Income Housing Tax Credit development or the City could develop this lot independently as affordable housing in collaboration with an area affordable housing provider. 9. Other factors. The site complies with the Affordable Housing Location Model. Based upon the aforementioned analysis, staff recommends acquiring this lot for future affordable housing development. ATTACHMENTS: Description resolution %� Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 3565030 RESOLUTION NO. 19-219 Resolution approving a purchase agreement for Lot 10, Lindemann Subdivision, Part Eight for landbanking for future affordable housing. Whereas, staff has negotiated a purchase agreement with the owner of Lot 10, Lindemann Subdivision, Part Eight for $204,000 contingent on City Council approval; Whereas, the property is an empty lot and will be used for landbanking for future construction of affordable housing; and Whereas, six townhouses may be built on the property. 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 City Manager is authorized to execute all documents necessary to purchase the property in accordance with the purchase agreement for the purpose of landbanking for the future construction of affordable housing. Passed and approved this 6th day of August , 2019. ap / z �_ Ma or C Attest: Approved: V } t & r S City Clerk City Attorney's Office Resolution No. 19-210 Page 2 It was moved by Mims and seconded by Salih the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Mims x Salih x Taylor x Teague x Thomas x Tbrogmorton