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2021-07-27 Resolution
Item Number: 7.b. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT July 27, 2021 Resolution approving an agreement with the Downtown District to allow the sale, consumption, and possession of beer and wine during the Farm to Table Dinner on a City street. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: none Recommendations: Staff: Approval Commission: N/A Attachments: resolution agreement Executive Summary: The City Code allows private entities to sell alcohol on City streets by agreement. This resolution approves an agreement allowing the Downtown District to sell beer and wine during the Farm to Table dinner on August 19. The agreement, which is attached to the resolution, is substantially similar to previous ones. The Farm to Table location is shown on Exhibit A to the agreement. Background /Analysis: ATTACHMENTS: Description resolution agreement Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 21-197 Resolution approving an agreement with the Downtown District to allow the sale, consumption, and possession of beer and wine during the Farm to Table Dinner on a City street. Whereas, section 4-5-3D of the City Code allows private entities to sell and their customers to consume and possess alcohol in a city park and on public right-of-way under limited circumstances; and Whereas, Downtown District would like to be able to sell beer and wine in a demarcated area on a City street during the Farm to Table Dinner; and Whereas, it is in the City of Iowa City's interest to execute the attached agreement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to sign the attached agreement and any needed amendments. Passed and approved this 27th day of July 2021. Approved Attest: Ci y Clerk \ City Attou It was moved by 'Taylor and seconded by salih Resolution be adopted, and upon roll call there were: Ayes X X X X X X X Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Office — 07/21/2021 the -(,6 Drafted by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240;319/356-5030 2021 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND WINE DURING THE FARM TO TABLE DINNER This Agreement is made between Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District ("District") and the City of Iowa City, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS, District is an "authorized entity" as that term is defined in section 4-5- 3D of the City Code; WHEREAS, District has applied for a license to sell beer and wine during the Farm to Table dinner; and WHEREAS, the parties wish to enter into an agreement to allow District to sell beer and wine and to allow persons to possess and consume beer and wine under limited circumstances on downtown City streets. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. In consideration for District's promises herein, the City agrees to allow District control from 4:00 pm to 9:00 pm on August 19, 2021 over an area on North Linn St. as shown on the diagram which is attached, marked Exhibit A, and incorporated herein ("Farm to Table authorized site" or "authorized site„) for purposes set forth herein. District must allow members of the public not participating in the event to walk through the Authorized Site on the sidewalk. 2. Term. This agreement shall be in effect only on August 19, 2021. 3. Access. District shall take all reasonable steps to ensure that only persons over twenty-one (21) years of age have access to beer and wine. 4. License. This agreement is void if District does not have a license to sell beer and wine on the Farm to Table authorized site on August 19, 2021. 5. Sale of Beer/Wine and Alcohol Restrictions. District shall only sell beer and wine to a person who is over twenty-one (21) years of age. District acknowledges that the authorized sites are subject to all applicable alcohol restrictions in the City Code. 6. Advertisement. District shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior and exterior tent walls. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized sites without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. District shall be solely responsible for collecting all debris and trash from the authorized sites, and the City shall then remove the debris and trash. If District fails to do so and if City staff has to collect the debris and trash from the authorized sites, District may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. No Smoking. Smoking is prohibited by City Code in City Plaza, aka the ped mall, but not in the alleys. Smoking is also prohibited by City Code on the sidewalk to the east of the Iowa City Public Library. Additionally, the use of electronic cigarettes is prohibited in these two areas. Electronic cigarette means vapor product as defined in Section 453A.1 of the Code of Iowa (2021). 10. Toilet Facilities. Toilet Facilities shall be available at High Ground Cafe, Brix, and Goosetown Cafe. 11. Anchoring and Drilling. District shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 12. Fencing. The authorized site shall be enclosed by fencing as approved by the City. 13. Insurance. a) Premises Insurance. On August 19, 2021, District shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. District shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. District shall notify the City 1 week before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shoo Insurance. On August 19, 2021, District shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2021) in the amount of $1,000,000 (one million dollars). District shall provide 1 week notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsement. District shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit B, which is attached and incorporated herein. 15. Indemnification. District shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, or possession of beer on the authorized site. 2 16. Non -Discrimination. District shall not discriminate against any Parson in wrq*yment or public accommodation because of race, religion, color, creed, gender identity, sex. national origin, sexual orientation, mental or physical disability. mental status or age. 'Employment" shall include but not be limited to hiring, accepUng, registering, classllying, promoting, or rcfertfng to employment 'Public accommodation' shall include but rwl be limited to Providing goods. services, faciities. Privileges and advantages to the Pubic. 17. Termination. The CRy may terminate this agreement upon written notice for violation of any provision of this agreement. 16. Assignment and Suble in . District shall not assign or sublet this agreement without prior written approval of the City 19. Entire Agreement This constitutes the whole agreement between the parties, and may be modified in writing only, duty signed by the parties At Dated. this .._..._.__ day of July. 2021 IOWA CITY AND IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT P By-, Nancy Bird. Executive Director THE CffY F ITY GeqlrFruin, Cky Manager Gy Attorneys 04Ice C/) U a fi a .! i7_ cn � o J. ll oLai •, 1 • �'� • N ° 1 . — ' mm1 ted, `� `� y _; I -M W `d 1 ' y 6 D. of . f I S i N ' 00 ,ate 3>1,6 I Era 9 n� o IBJ ' - E m W 1 Minn St N Linn St If 0,4 Q) F= d - ,8 E oCL 0 0 m m- G.% (n N m• .rCp�_ - daa hY Fn: �.3 0 U) I� JwO N. FiY 0 i .. - ul ¢ W W cy • Z. • t K � 1 � Cr w . 4,4x.4:.7 EXHIBIT B Governmental Immunities Endorsement 1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa, agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Item Number: 7.c. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT July 27, 2021 Resolution approving an agreement with Summer of the Arts, Inc. to allow the sale, consumption, and possession of beer and wine on City streets during the Iowa Arts Festival. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: none Recommendations: Staff: Approval Commission: N/A Attachments: resolution agreement Executive Summary: The City Code allows private entities to sell and their customers to consume and possess alcohol on public right-of-way. This resolution approves an agreement with Summer of the Arts, Inc. to be able to sell beer and wine in a demarcated area on Iowa Ave. during Arts Fest on Aug. 13-15. The agreement is substantially similar to previous ones. The location is shown on Exhibit A to the agreement. Background /Analysis: ATTACHMENTS: Description resolution agreement Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 21-198 Resolution approving an agreement with Summer of the Arts, Inc. to allow the sale, consumption, and possession of beer and wine on City streets during the Iowa Arts Festival. Whereas, section 4-5-31D of the City Code allows private entities to sell and their customers to consume and possess alcohol in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; and Whereas, Summer of the Arts, Inc. would like to be able to sell beer and wine in a demarcated area on a City street during the Iowa Arts Festival; and Whereas, it is in the City of Iowa City's interest to execute the attached agreement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to sign the attached agreement and any needed amendments. Passed and approved this 27th day of July 2021 KWbR Approve7-� J ) ATTEST: Y �' CIT CLERK City Attney's Office - 07/22/2021 It was moved by Taylor and seconded by Resolution be adopted, and upon roll call there were: Ayes: Nays: X X _X X X X Absent: Salih Bergus Mims Salih Taylor Teague Thomas Weiner the 1. _., [IV 2021 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND WINE ON CITY STREETS DURING IOWA ARTS FESTIVAL This Agreement is made between Summer of the Arts, Inc. ("SOTA") and the City of Iowa City, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS, SOTA is an "authorized entity" as that term is defined in section 4-5-3D of the City Code; WHEREAS, SOTA has applied for a license to sell beer and wine during the Iowa Arts Festival ("Arts Fest") in downtown Iowa City; and WHEREAS, the parties wish to enter into an agreement to allow SOTA to sell beer and wine and to allow persons to possess and consume beer and wines under limited circumstances on downtown City streets. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. In consideration for SOTA's promises herein, the City agrees to allow SOTA control over the area at the intersection of Clinton Street and Iowa Avenue as shown on the diagram which is attached, marked Exhibit A, and incorporated herein ("Arts Fest authorized site" or "authorized site") during the Term of this agreement. 2. Term. This agreement shall commence at 5:00 pm on August 13, 2021 and shall expire at 4:00 pm on August 15, 2021. More particularly, alcohol may only be sold and possessed on the authorized site during the following hours: August 13 from 5:00 pm to 11:00 pm; August 14 from 12:00 noon to 11:00 pm, and August 15 from 12:00 noon to 4:00 pm. 3. Access. SOTA shall take all reasonable steps to ensure that every person on the authorized site has a stamp or wrist band for entry or is an employee of, an independent contractor of, or volunteer for SOTA and shall exclude any person who is not. 4. License. This agreement is void if SOTA does not have a license to sell beer and wines on the Arts Fest authorized site on August 13 to August 15, 2021. 5. Sale of Beer and Alcohol Restrictions. SOTA shall only sell beer and wine to a person who is over twenty-one (21) years of age. SOTA acknowledges that the authorized site is subject to all applicable alcohol restrictions in the City Code including Section 4-5-8 of the Iowa City City Code that restricts entry to those over twenty-one (21) years of age after 10:00 p.m. with limited exception. 6. Advertisement. SOTA shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior tent wall. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized site without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. SOTA shall be solely responsible for collecting all debris and trash from the authorized site, and the City shall then remove the debris and trash. If SOTA fails to do so and if City staff has to collect the debris and trash from the authorized site, SOTA may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. No Smoking. Smoking is prohibited in the authorized site, and SOTA shall post a no -smoking a sign at the front entrance to the authorized site and two signs inside the authorized site. The signs shall comply with Iowa Code Section 142D.6 (2021). Additionally, the use of electronic cigarettes is prohibited. Electronic cigarette means vapor product as defined in Section 453A.1 of the Code of Iowa (2021). 10. Temporary Toilet Facilities. SOTA shall provide at its sole cost the temporary toilet facilities shown on Exhibits A, including two (2) that are handicap accessible. 11. Occupancy and Exits. The maximum occupancy load of the Arts Fest authorized site is 246. SOTA is solely responsible for maintaining the occupancy limit. SOTA shall post a sign with the maximum occupancy load inside the authorized site. SOTA shall maintain two (2) exits in the authorized site and post "exit" signs at both exits, with the location and size of the signs to be approved by the City Fire Department. Each exit must be a minimum 36 inches in width. 12. Anchoring and Drilling. SOTA shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 13. Fencing. The authorized site shall be enclosed by fencing as approved by the City. 14. Fire Lane. SOTA shall maintain a fire lane of twenty feet (20') between the outside fence and the vendors across the street, unless approved by the Fire Code Official. 15. Insurance. a) Premises Insurance. On August 13 through August 15, 2021, SOTA shall carry comprehensive general liability insurance for bodily injury and property damage on the Arts Fest authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. SOTA shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. SOTA shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance, On August 13 through August 15, 2021, SOTA shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2021) in the amount of $1,000,000 (one million dollars). SOTA shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsement. SOTA shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit B, which is attached and incorporated herein. 16. Indemnification. SOTA shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized site or sale, consumption, or possession of beer and wine on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, or possession of beer and wine on the authorized site. 17. Non -Discrimination. SOTA shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 18. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 19. Assignment and Subletting. SOTA shall not assign or sublet this agreement without prior written approval of the City. 20. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. Dated, this ZQ day of July, 2021. SUMMER OF THE ARTS, INC. By: Lisa J. Bar�(s THE CITY OF IOWA CITY By: Gp ff Fruin, City Manager Approv SuARTSR 0 EXHIBIT A 2021 Iowa Arts Festival BEVERAGE GARDEN DIAGRAM snn P P P P P I 1 IOWA AVENUE JI FWD VENVORS I 1330 SFDEWALK LEGEND „gym, i IOR R¢yding• ��� mm ivshxvbvs MPH so T.,d- �® oo©❑©■■■■■■■■■■■■■ % Pdntal utiles 6J..Nw•P.Bu�baM $iJ[wnlb M1n Twt Fme+j ervinp em L N �nnp poly IMkn ..__._ Niphlemv 4�e wN',s IOWA AVENUE JI FWD VENVORS I LEGEND „gym, i IOR R¢yding• ��� Il ivshxvbvs JP"RuwJ Taplo6chein T.,d- % Pdntal utiles 6J..Nw•P.Bu�baM $iJ[wnlb M1n Twt Fme+j ervinp em L N �nnp poly IMkn ..__._ Niphlemv 4�e wN',s VODD VI'NDOKS � ,u I n.m:ow:,p Y Ponupdiio EXHIBIT B Governmental Immunities Endorsement 1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa, agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Item Number: 7.d. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT July 27, 2021 Resolution authorizing the City Manager to sign a one-year extension of the listing agreement with Lepic-Kroeger Realtors for the Iowa City Industrial Campus. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: none Recommendations: Staff: Approval Commission: N/A Attachments: resolution agreement Executive Summary: The Iowa City Industrial Campus is a City -owned industrial use site on 420th Street. In 2015 the City Council approved a one-year listing agreement with Lepic-Kroeger, Realtors to sell the lots. The agreement has since been extended each year, and this resolution extends it again until July 15, 2022. Background /Analysis: The Iowa City Industrial Campus is a City -owned 173 acre industrial use site on 420th Street. In 2015 the City Council approved a one-year listing agreement with Lepic-Kroeger, Realtors to sell the lots. The City sold Lot 2 (approximately 11.2 acres) to Alexander Lumber, Inc. in 2018. The listing agreement has since been extended each year, and this resolution would extend it again until July 15, 2022. The sales commission has remained 6% since the agreement was initially signed. The benefits to the City of having a listing agreement with a real estate company are that commercial realtors are connected to numerous networks that can be helpful in linking prospective buyers with sellers, they can prepare and distribute promotional materials including videos, and they are knowledgeable about the latest market trends. ATTACHMENTS: Description resolution Agreement Prepared by: Susan Dulek. Asst City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030 Resolution No. 21-199 Resolution authorizing the City Manager to sign a one-year extension of the listing agreement with Lepic-Kroeger Realtors for the Iowa City Industrial Campus. Whereas, the 420TH Street Industrial Park is a 173 -acre shovel -ready industrial use site, which is now known as Iowa City Industrial Campus; and Whereas, in Resolution No. 15-229, the City Council approved a one-year listing agreement with Lepic-Kroeger, Realtors to sell lots at the Iowa City Industrial Campus; and Whereas, in Resolution No. 16-235, the City Council extended the term by one year to July 15, 2017; and Whereas, in Resolution No. 17-244, the City Council extended the term again by one year to July 15, 2018; and Whereas, in Resolution No. 18-206, the City Council extended the term again by one year to July 15, 2019; and Whereas, in Resolution No. 19-220, the City Council extended it until July 15, 2020; and Whereas, in Resolution No. 20-174, the City Council extended it until July 15, 2021; and Whereas, it is in the best interest of the City to extend the term again by one year to July 15, 2022. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: The City Manager is authorized to sign the attached amendment to the Commercial Listing Agreement to extend the term to July 15, 2022. Passed and approved this 27th day of July _'2021. Mayr Attest: V City Clerk Approved,! City Adorrney's Office (Sue Dulek — 07/14/2021) -1,J Resolution No. 21-199 Page 2 It was moved by Taylor and seconded by the Resolution be adopted, and upon roll call there were: Ayes: Nays x Absent: Salih Bergus Mims Salih Taylor Teague Thomas Weiner rtK Iowa City Area Association of REALTORS® - Listing Status Change/Correction Form Property Address 4749 420th St -Iowa City Industrial Park, Iowa City, IA MLS # See Exhibit A Listing Office LKR Listing Agent Jeff Edberg I Carmen Krueger Price See Exhibit A CONTINGENCY (AC) (Active Status) (Accepted Offer Subject to Contingencies) Contingent Date (Purchase Agreement Date) SOLD STATUS (Closing Taken Place) Selling Office Selling Agent Buyer's Last Name Sale Price Transaction Value (If Sale, Selling Price. If Lease, Total Valuc.) Lease Value (Per Foot or Per Month) Lease Term Sales Terms: F[ Cash 0 Lease FE Other ❑❑ VA Pending Date Closing Date (Select One) ❑❑ Conventional ❑ Exchange H FHA ❑Q Private Party Contract PRICE CHANGE Change Price to REALTOR® & Seller Signatures Required Below ❑❑ ENTERED BY AGENT PENDING (Status) (Days on Market Calculated from List Date to Pending Date) Pending Date WITHDRAWAL/CANCELLATION ❑ Listing is Withdrawn REALTOR® & Seller Signatures Required Below ❑ Listing is Cancelled Designated REALTOR® & Seller Signatures Required Below EXTENSION Listing Expires This Date See Exhibit A Extend Expiration Date to see Exhibit REALTOR® & Seller Signatures Required Below BACK ON THE MARKET (Not to Be Used to Activate an Expired Listing) Listing is Back on Market Listing Expiration Date Use this area below to make changes to the text of a listing. If changes are extensive, use a profile sheet to indicate changes. Signatures of Sellers' Signal REALTOROa's Signature / WITHDRAWAL -It is also hcr6 a that. days after the expinn to listing any exter and said original listing or extension hereof sha be in full 7—fr' zo2/ P, - Z - Zo zl t mts of the original listing, or any extension thereof, or is sold within Zd in said listing, then this withdrawal agreement shall be absolutely void This is a withdrawal from the service, NOT a cancellation of the listing. Rvsd 4109 uocu6ign tnvelope IU: su[uaaHu-nosti-vuo�-esuan-a000�avaouvo Exhibit A Address: 4748 420' St Address: Lot 3 MLS #: 202005732 Price: $1,944,905 Listing Expires This Date: 7/15/2021 Extend Expiration to This Date: '7115I2o2Z Address: Lot MLS #: 202005733 Price: $639,216 Listing Expires This Date: 7/15/2021 Extend Expiration to This Date: -7/151mz Address: Lot 5 M LS #: 202005734 Price: $585,010 Listing Expires This Date: 7/15/2021 Extend Expiration to This Date: 7/15l20ZZ Address: Lot 6 MLS #: 202005735 Price: $632,749 Listing Expires This Date: 7/15/2021 Extend Expiration to This Date: -7/1612o2Z Address: Lot 7 MLS M 202005736 Price: $652,248 Listing Expires This Date: 7/15/2021 Extend Expiration to This Date: 711512,22 Certificate Of Completion Envelope Id: 3D2D49AD65364C5CBD9B963529093046 Subject: Please DocuSign: Extension 420th St- Geoff Fruin.pdf Source Envelope: Document Pages: 2 Signatures: 0 Certificate Pages: 5 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original Holder: Jeffrey Edberg 7/13/2021 10:36:10 AM jeff@icrealestate.com Signer Events Signature Geoff Fruin geoff-fruln@iowa-city.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/13/2021 12:22:08 PM ID: b3d534ff-5134-07bf-aclb-db5ebfcad5ed In Person Signer Events Signature Editor Delivery Events Status Agent Delivery Events Status Intermediary Delivery Events Status Certified Delivery Events Status Carbon Copy Events Status Avery Reitzler avery@icrealestate.com COPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carmen Krueger COPIED Carmen@icrealestate.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeffrey Edberg jeff@icrealestate.com 12/30/2015 Lepic Kroeger Realtors Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign COPIED DocuSign- Status: Delivered Envelope Originator: Jeffrey Edberg 2346 Mormon Trek Blvd Iowa City, IA 52246 jeff@icrealestate.com IP Address: 98.159.124.204 Location: DocuSign Timestamp Sent: 7/13/2021 10:39:06 AM Viewed: 7/13/2021 12:22:08 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 7/13/2021 10:39:06 AM Sent: 7/13/2021 10:39:06 AM Sent: 7/13/2021 10:39:07 AM Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signature Signature Status Hashed/Encrypted Security Checked Payment Events Status Electronic Record and Signature Disclosure Timestamp Timestamp Timestamps 7/13/2021 10:39:07 AM 7/13/2021 12:22:08 PM Timestamps ❑lec[ronlo Recoru wim JIyriumIv VISWUSUIC uealea vu. 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By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify Lepic Kroeger Realtors as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Lepic Kroeger Realtors during the course of my relationship with you. Item Number: 7.e. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT July 27, 2021 Resolution authorizing the City Manager to sign an agreement with Tailwind Iowa City, LLC for the bulk sale of bus passes. Prepared By: Darian Nagle-Gamm; Transportation Services Director Reviewed By: Geoff Fruin; City Manager Sue Dulek; Assistant City Attorney Fiscal Impact: $190,080 in annual revenue for the Transit Fund Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: Tailwind Iowa City, LLC ("Tailwind") owns a multi -family residence with approx. 900 tenants at 2401 Highway 6 known as The Quarters. Tailwind's tenants include many University of Iowa and Kirkwood students. Tailwind desires to discontinue its private bus service, and this resolution approves a 3 -year agreement for the purchase of 900 annual bus passes. Background /Analysis: As part of the Iowa City Area Transit Study, discussions were held with community stakeholders including the University of Iowa, Kirkwood Community College, and large residential housing complexes that primarily serve student populations. It was noted that improved public transportation service to the Kirkwood / Lower Muscatine Avenue corridor, Kirkwood Community College, and the University of Iowa would be a benefit for residents, businesses, and the schools. A recommendation followed to develop a high -frequency transit route to serve the Lower Muscatine Avenue / Kirkwood Avenue corridor which would provide direct service to Bon Aire, The Quarters, Iowa City Marketplace, Kirkwood Community College, and the University of Iowa. In the summer of 2021, the City of Iowa City reached a three-year agreement with Tailwind Iowa City, LLC, the owner/manager of The Quarters residential housing development, to purchase 900 annual bus passes and provide direct, high -frequency transit service to the development via the 5 — Lower Muscatine / Kirkwood route effective August 2nd, 2021. The public transportation service will replace the private transportation service the agency currently provides. Transit service on the 5 — Lower Muscatine / Kirkwood route will run every 20 minutes during the daytime, and every 40 minutes evenings and weekends. Hours of operation will be 6:00 AM — 10:40 PM Monday — Friday, and 7:00 AM — 7:00 PM on Saturdays. A Sunday service two-year pilot will be available starting in late 2021 or early 2022 and will mirror the Saturday schedule. The agreement will provide $190,080 in annual revenue for the Transit Fund. ATTACHMENTS: Description resolution agreement Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 21-200 Resolution authorizing the City Manager to sign an agreement with Tailwind Iowa City, LLC for the bulk sale of bus passes. Whereas, Tailwind Iowa City, LLC ("Tailwind") owns a multi -family residence with approximately 900tenants at 2401 Highway 6, Iowa City, Iowa known as The Quarters; and Whereas, Tailwind's tenants include many University of Iowa and Kirkwood Community College students; and Whereas, Tailwind has provided its tenants with a private bus service and desires to discontinue said service but also provide its residents a transit amenity; and Whereas, Tailwind desires to purchase from the City annual bus passes for its tenants and has negotiated the attached agreement for said bulk purchase. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to sign the attached Agreement between the City of Iowa City and Tailwind Iowa City, LLC and amendments thereto. Passed and approved this 27th day of July 2021. '_K� M r Appr ed by 7 City AttoKneys Office (Sue Dulek — 07/21/2021) It was moved by Taylor and seconded by Salih Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Bergus X Mims X Salih _X Taylor X Teague X Thomas X Weiner the AGREEMENT between THE CITY OF IOWA CITY AND TAILWIND IOWA CITY, LLC This Agreement is entered into in Iowa City, Iowa between the City of Iowa City, Iowa, a municipal corporation, ("City") and Tailwind Iowa City, LLC ("Tailwind"). WHEREAS, the City operates a public bus service; WHEREAS, Tailwind owns a multi -family residence with approximately 900 tenants at 2401 Highway 6, Iowa City, Iowa ("The Quarters); WHEREAS, Tailwind's tenants include many University of Iowa and Kirkwood Community College students; WHEREAS, Tailwind has provided its tenants with a private bus service and desires to discontinue said service but also provide its residents a transit amenity; WHEREAS, the City sells annual bus passes to the University of Iowa for its students for $240 per year; and WHEREAS, Tailwind desires to purchase from the City annual bus passes for its tenants. NOW, THEREFORE, the City and Tailwind agree as follows: 1. Term The term of this Agreement is August 1, 2021 through July 31, 2024. 2. Bulk Purchase Tailwind shall purchase nine hundred (900) annual bus passes from the City at the rate of $240 each. The parties acknowledge that not all Tailwind tenants will use the pass, and the City agrees to discount the fee by twelve percent (12%) to account for the underutilization of the passes. The total annual purchase price is $190,080 to be paid in twelve (12) equal installments of $15,840. Tailwind shall make monthly payments on or before the first day of the month beginning August 1, 2021. Payment shall be made as directed on the City's monthly invoice. 3. Transit Stop The City shall have a transit stop along the frontage road directly to the north of The Quarters beginning August 2, 2021 on the "5 -Lower Muscatine/Kirkwood" route. Tailwind shall use all reasonable efforts to remove snow and ice along the transit route located within the Quarters to ensure that the bus is able to travel between Hollywood Blvd. and the frontage road. The City will remove snow and ice from the transit stop consistent with its policy for removing snow and ice from all transit stops. Tailwind may, but is not obligated to, remove snow and ice from the transit stop. 4. Renewal By mutual agreement the City and Tailwind may renew this Agreement. The rate of the annual pass will be negotiated in good faith. 5. Default and Notice In the event that the City or Tailwind determines that the other has defaulted in the performance of its obligations hereunder, the City or Tailwinds 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, or an action for alternative relief. 6. Effect of Termination When this Agreement is terminated, the City shall no longer be obligated to have a transit stop on the frontage road adjacent to The Quarters. 7. Notice 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. Mailed notices shall be deemed to be received by the party to whom directed when they are postmarked. 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 Tailwind Iowa City, LLC: %The Tailwind Group 530 S. Front Street, Suite 100 Mankato, MN 56001 8. Severability If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 9. Assignment Neither Tailwind nor the City shall assign this Agreement without the consent of the other party. 10. 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. 11. Entire Agreement/Amendment 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, between them. This Agreement may not be modified or amended in any manner except in writing. Dated this CITY OF IOWA CITY day of July, 2021. By: z GeQf Fruin, City Manager TAILWIND IOWA CITY, LLC By: ;5i Brandon Smith, Vice President Approved: �'ti-4i City Attorney's Office Item Number: 7.f. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT July 27, 2021 Resolution authorizing the City Manager to submit a Resource Enhancement and Protection (REAP) grant application for Ryerson's Woods Park and to sign a grant agreement if awarded. Prepared By: Juli Seydell Johnson, Director of Parks & Recreation Reviewed By: Sue Dulek, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: The total cost of the woodland restoration work is $220,000. $200,000 is being request from the REAP Grant. The remaining $20,000 will be paid from the City's Climate Sequestration Grant and Natural Areas Operating Funds. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Grant Application Executive Summary: The Iowa Department of Natural Resources administers Resource Enhancement and Protection (REAP) grants for development/enhancement of land for the purpose of outdoor recreation. The grant application process requires Council approval of a grant submission. Following the priorities of the 2017 Natural Area Plan, staff wishes to submit an application for Ryerson's Woods Park. Background /Analysis: Ryerson's Woods State Preserve Park is a 49 -acre City park established in 1985. The park received REAP funding in 1992 for initial development of trails and user amenities. This project will build on volunteer and staff efforts to preserve and enhance park woodlands, vegetation and user amenities. The project elements draw from pervious studies by University researchers and consultants to restore and enhance the park's woodlands and provide interpretive opportunities to the public about the uniqueness of this site. The City has received REAP grant funding for the past four years to complete ecological restorations at Hickory Hill Park (2 grants), Terry Trueblood Recreation Area, and Whispering Meadows Wetlands Park. The work follows prioritization and recommendations of the 2017 Natural Areas Plan. ATTACHMENTS: Description 2021 REAP Grant Application resolution N D IOWA DEPARTMENT OF NATURAL RESOURCES - j EAD Resource Enhancement and Protection �w REAP GRANT APPLICATION Email application to tammie.krausman@dnr.iowa.gov by August 151h by 4:30 P.M. Please use the following format for the electronic application: • Application should be one file (including all appendices, letters, etc.), saved as a pdf. • Name file: ApplicantName.Shortprojectname.FY17.pdf • File cannot exceed 20MB or 20,480KB. Compressed pdfs will be accepted. 1. GRANT PROGRAM ❑ Private/Public Open Space ❑ County Conservation ® City Parks and Open Spaces (For Private/Public - Name of DNR Field Staff involved in project: ) 2. APPLICATION CONTACT APPLICANT: City of Iowa City CONTACT PERSON: Juli Seydell Johnson EMAIL: Juli-sjohnson@iowa-city.org TELEPHONE: 319-356-5104 APPLICANT MAILING ADDRESS: 220 S. Gilbert St. CITY & ZIP CODE: Iowa City 52240 PROJECT 911 ADDRESS (if available): 2961 Old Highway 218 SE COUNTY: Johnson County LATITUDE/LONGITUDE COORDINATES: 41°37'03.4"N 91°32'43.3"W (To find Lat/long Coordinates: Go to Google Map. Right -click on the primary public access point for the project. Select What's here? In the search box at the top of the page, the coordinates will appear.) 3. PROJECT DESCRIPTION & COSTS a. TITLE: Ryerson's Woods State Preserve Ecological Enhancement & Restoration b. PROJECT SUMMARY: (Maximum of 75 words summarizing the REAP Grant request) Ryerson's Woods State Preserve is a 49 -acre City park established in 1985. The preserve received 1992 REAP funding for initial development of trails and amenities. On September 24th, 2014 Ryerson's Woods received State Preserve designation. This project will build from volunteer and staff efforts to preserve and enhance park vegetation and amenities. The project elements draw from previous studies by University researchers and consultants to restore and enhance park resources and provide interpretative opportunities. c. TYPE OF PROJECT AND COSTS: (For activities associated with this grant request only). ❑ Land acquisition* Costs related to land acquisition: $ ❑ Development Costs related to development: $ Ecological Enhancement ® Other, please describe: and Restoration Costs related to other activities: $ $200,000.00 AMOUNT OF REAP GRANT REQUESTED: $ d. Amount of local or match money*: $20,000.00 *25% minimum match is required for Private/Public Program only. No match is required for city and county Brants. 4. PROJECT TIMELINE a. Is the project a portion of a larger, overall project to be implemented over a multi-year period? ❑ No ® Yes, Number of years: 5 b. ESTIMATED PROJECT DATES Start: January 2023 Completion December 2024 Estimated overall cost: $220,000.00 06/2016 cmc 1 DNR Form 542-0279 5. ACQUISITION SCHEDULE (Acquisition Projects Only) Code* Parcel Number on Map or Photo # of Acres Estimated Date of Acquisition Average Price Per Acre Estimated Value of Land Acquisition without incidentals Estimated Value of Existing Improvements to be Acquired Total Cost TOTAL TOTAL Parcels & Acres Appraisal Costs *Code: Survey Costs Other Incidental Costs 1. Negotiated Purchase Grant Total Land Acquisition Cost 2. Condemnation 3. Donation Overall Cost per Acre Including Incidental 6. SIGNATURES Upon signing in the space provided below, the applicant agrees to conform with the requirements in the following two paragraphs pertaining to ADA/Section 504 accessibility guidelines and civil rights assurance. (City and County Projects Only) ASSURANCE OF COMPLIANCE WITH AMERICANS WITH DISABILITIES AND CIVIL RIGHTS ACTS I, the undersigned, certify that the City of Iowa City has reviewed Section 504 of the Rehabilitation Act of 1975, Title II of the American with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, and the Iowa Civil Rights Act of 1965, each Act as amended, and agrees to abide by all requirements from the Acts, associated regulations, guidance documents, and to any other related requirement imposed by federal or state law or the Iowa Department of Natural Resources, related to this project. Applicant -Recipient further agrees and gives full assurance that it will immediately take any and all measures necessary to effectuate the referenced laws and shall not, on the basis of race, color, creed, national origin, age, physical or mental ability, sex, sexual orientation, gender identity, religion, or retaliation, allow any person to be excluded from participation in, be denied the benefits of, or otherwise subject to discrimination under or from any project or activity undertaken by the Applicant -Recipient for which the Applicant -Recipient receives REAP grant dollars or other assistance from the Iowa Department of Natural Resources. This assurance is binding on the Applicant -Recipient, its successors, transferees, and assignees, and the person or persons whose signature appears below are authorized to sign this assurance on behalf of the Applicant -Recipient. Applicant's Signature and Date PRIVATE/PUBLIC GRANTS ONLY Applicant's Signature and Date Applicant's Title Applicant's Title 06/2016 cmc 2 DNR Form 542-0279 CITY COUNCIL OR COUNTY CONSERVATION BOARD APPROVAL (City and County Projects Only) I, the undersigned, certify that the city council of Iowa City has on the date of reviewed this proposed project and approved its submittal for Resource Enhancement and Protection (REAP) grant consideration. Signature of Mayor or County Conservation Board Chair Date COUNTY RESOURCE ENHANCEMENT COMMITTEE REVIEW/COMMENTS (Required for all grants) I, the undersigned, verify that the Johnson County Resource Enhancement Committee reviewed the proposed project for which this application is submitted. If the committee provided comments, a summary of those comments has been signed and dated by me and attached to this application. Signature of Chair, County Resource Enhancement Committee Date For information on County REAP Committees, visit the REAP County Committee webpage. MINORITY IMPACT STATEMENT (Required for all grants) Pursuant to 2008 Iowa Acts, HF 2393, Iowa Code Section 8.11, all grant applications submitted to the State of Iowa which are due beginning January 1, 2009 shall include a Minority Impact Statement. This is the state's mechanism to require grant applicants to consider the potential impact of the grant project's proposed programs or policies on minority groups. Please choose the statement(s) that pertains to this grant application. Complete all the information requested for the chosen statement(s). ® The proposed grant project programs or policies could have a disproportionate or unique positive impact on minority persons. • Describe the positive impact expected from this project: The trail surface of the lower loop will be topdressed with gravel fines and compacted to restore original ADA route. • Indicate which group is impacted: ❑ Women ❑ Latinos ❑ American Indians ® Persons with a Disability ❑ Asians ❑ Alaskan Native Americans ❑ Blacks ❑ Pacific Islanders ❑ Other ❑ The proposed grant project programs or policies could have a disproportionate or unique negative impact on minority persons. • Describe the negative impact expected from this project: • Present the rationale for the existence of the proposed program or policy: • Provide evidence of consultation of representatives of the minority groups impacted: • Indicate which group is impacted: ❑ Women ❑ Latinos ❑ American Indians ❑ Persons with a Disability ❑ Asians ❑ Alaskan Native Americans ❑ Blacks ❑ Pacific Islanders ❑ Other ❑ The proposed grant project programs or policies are not expected to have a disproportionate or unique impact on minority persons. Present the rationale for determining no impact: I hereby certify that the information on this form is complete and accurate, to the best of my knowledge: Applicant's Signature and Date Applicant's Title DEFINITIONS "Disability" as defined in Iowa Code § 15.201(12)"b"(1) means "with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of physical or mental impairment that substantially limits one or more of the major life activities of the individual, or being regarded as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of the individual. "Disability" does not include any of the following: 06/2016 cmc 3 DNR Form 542-0279 (a) Homosexuality or bisexuality. (b) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identify disorders not resulting from physical impairments, or sexual behavior disorders. (c) Compulsive gambling, kleptomania, or pyromania (d) Psychoactive substance abuse disorders resulting from current illegal use of drugs. "Major life activity" as defined in Iowa Code section 15.102(12)"b"(2) includes "functions such as caring for one' self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working." "Minority Persons" as defined by Iowa Code section 8.11(2)"b" means "individuals who are women, persons with a disability, African Americans, Latinos, Asian or Pacific Islanders, American Indians, and Alaskan Native Americans." 7. GRANT NARRATIVE The outline below must be followed exactly. Use exact headings and reference numbers in the order presented in the outline. This section will be used by the REAP Review and Selection Committee for scoring purposes. 1. Project Location Ryerson's Woods State Preserve is situated between Hwy 218, Exit 89, Old Hwy 218 and the Johnson County Fairgrounds. The address of the 49 -acre park is 2961 Old Hwy 218 SE (Exhibit 1, Location Map). The park is a dedicated State Preserve owned and managed by the City of Iowa City with a unique location just outside City limits. One of the oldest intact woodlands in the region, Ryerson's Woods is a gem within a 15 -minute drive of the majority of the population of Johnson County. Many visitors enjoy the spring ephemeral plants and unique species which have drawn University scholars and plant enthusiasts dating back further than its acquisition as a City park in 1985. Proximity to Hwy 218 and an exit also make the park easily accessible to regional visitors and passersby while inviting visitors entering Iowa City from the south. II. Project Description The proposed project focuses on restoring and enhancing the native vegetation of approximately 46 acres of the 49 -acre Ryerson's Woods State Preserve experiencing pressure from invasive non-native woody and herbaceous plants. These impairments were assessed in the Ryerson's Woods Management Brief that was included in Appendix B of the City of Iowa City Natural Areas Inventory and Management Plan (2017). These threats were also noted in the Management Plan for Ryerson's Woods State Preserve (2014) created in association with the State Preserve dedication. The project builds from considerable efforts by staff and volunteers over the past decade to remove invasive species. The project will also repair and improve amenities that were part of the 1992 REAP grant project that established public access to Ryerson's Woods. This work with include repair or replacement of lower loop trail surface, small footbridges, and benches/picnic tables. Other improvements will include overlook deck enhancements and additions of interpretative panels and wayfinding to replace the original trailhead map. Project components have been determined and divided among segments of the park. The park segments align with the segments enumerated in the 2014 Management Plan for Ryerson's Woods. These segments include: Northwest Old Field, Southwest Old Field, Wooded Upland, East Slope, Borrow Pit, Ravine & Overlook, and Entry & Lower Loop. Removal of invasive and aggressive species is a constant across all segments of the project with the Northwest Old Field requiring the most attention in this regard. Tasks in addition to invasive woody species removal (predominately Japanese Honeysuckle) will include: • Understory establishment in the Southwest Old Field and along the rim of the Borrow Pit. These areas have been altered by farming and highway construction activities and will benefit from reintroduction of native understory tree, shrub and herbaceous species to complement the rebounding overstory. Volunteers and staff 06/2016 cmc 4 DNR Form 542-0279 will complete the seedling planting once undesirable species have been mitigated. Funding for this portion will be part of the match and come from grant funds designated for carbon sequestration. • Removal of undesirable trees and shrubs that make up most of the Northwest Old Field. This area has been colonized by woody species since it was last farmed prior to 1985. Years of farming removed any valuable woodland species and open grown century oaks offer clues to the savanna heritage of this portion of the park. For those reasons this area will be returned to a prairie savanna state with tree removal and prairie seeding efforts. This will also add much needed diversity to the habitat mosaic of the park and surrounding land. • Removal of hazard trees in the Wooded Upland as well as a few in the Southwest Old Field and East Slope. These areas were impacted by the Derecho August 10, 2020. Stable portions of storm damaged trees safely away from trails will be left standing for habitat. • Replacement and repositioning of benches will occur along the trail system. Original benches and picnic tables sited well off the trail will be moved adjacent to the trail and replaced with benches of our standard park style. • Phragmites at the Entry will be treated in initial efforts toward eradication. • At the Entry and Lower Loop, fencing will be added to the edge of the parking area to direct visitors to the main trail and away from social trails. Other natural deterrents will be added to block off social trails in this area. III. Development Plan, Project Boundary Map and Aerial Photo Exhibit 2 includes an overview map and subsequent segment highlight sheets with segment specific pictures and work descriptions. Segments are named and identified to correspond with the Management Plan for Ryerson's Woods (2014). Additional assessments and overviews of the park can be found in the Iowa City Natural Areas Inventory and Management Plan (2017). IV. Project Benefits, Needs, Justification and Urgency Local Plans. The proposed project draws deeply from recommendations of the 2014 Management Plan for Ryerson's Woods State Preserve, the 2017 City of Iowa City Natural Areas Inventory and Management Plan (https://bit.IV/3B9rxpt), and the 2017 Iowa City Park Master Plan (https://bit.IV/3wlNsR1). The first two plans include ecological assessment data and specific ecological restoration recommendations via management briefs for the park while the latter provides a broader scale view of the park and its place in the park system. The Natural Areas Inventory and Management Plan and Park Master Plan both fostered public involvement and the State Preserve Management Plan was developed through University research and volunteer efforts. All plans highlight the immediate need to fund ecological restoration efforts in Ryerson's Woods in order to preserve the features that elevate it to State Preserve status and to maintain recreational access. State and County Plans. The project also supports goals, visions and recommended actions of several county and statewide plans. Three of the most important are listed below (Johnson County REAP, SCORP, Iowa Wildlife Action Plan). In particular, the project addresses multiple priorities and goals of the 2013 SCORP. Johnson County REAP Plan. Johnson County's REAP plan includes a priority of "Protect and preserve remaining woodland and wetland areas within urban boundaries." The restoration efforts proposed in this application restore and protect the integrity of the high-quality woodland that earned Ryerson's Woods its State Preserve status. This application also supports the goal of "Restore wildlife habitat in wetland, woodland and marginal soil areas." The project restoration efforts support healthy woodland, prairie and savanna ecosystems which form a mosaic of habitat in which 06/2016 cmc 5 DNR Form 542-0279 diverse wildlife can thrive. The targeted forested ecosystem is particularly valuable due to its rarity on the landscape. As a secondary benefit, the woodland restoration will improve the visitor experience and enhance opportunities for environmental education and passive nature enjoyment. 2013 SCORP (State Conservation and Outdoor Recreation Plan) Enhancing and restoring Ryerson's Woods State Preserve provides a unique opportunity to teach, promote and grow outdoor recreation opportunities near a large population center. As one of the most accessibly located State Preserves, Ryerson's Woods is within reach of many who may not have access to other natural areas. This project will uniquely contribute to the SCORP priorities and goals as follows: Priority 2 (SCORP pp 30-33). Create places to go in Iowa that exemplify best practices in natural resource conservation while providing a variety of opportunities for outdoor recreation. Goal 1. Preserve, enhance and protect statewide water and land resources while specifically targeting connections (habitat and lineal greenbelts) regionally and locally to ensure a greater protection of Iowa's open spaces. This project continues the native ecosystem restoration and enhancement efforts in Ryerson's Woods completed to date and will contribute to long-term, sustainable protection of an important urban open space that includes significant diversity of species rare in Iowa's remaining woodlands. Improving the aesthetics and ecology of the woodland will make the area more enticing to users and enhance its use by wildlife. • Goal 2. Encourage public agencies and local governments to protect the parks and natural areas within their jurisdiction. Accomplishing major restoration and enhancement through REAP funds will provide a firm foundation for the ongoing protection and maintenance of this significant open space by the City—greatly increasing the likelihood of maintaining this urban treasure in a high-quality state in perpetuity while fostering increased support by stakeholders. Goal 3. Provide assistance to local communities and governments to improve the quality and revitalize the recreational use of priority water bodies. This project indirectly supports quality of local streams and the Iowa River watershed through improved woodland understory including robust ground flora that will reduce erosion that impairs water quality. The severe slopes found in the ravine segment of Ryerson's Woods have great potential to benefit from native understory protection throughout the park. Goal 4. Provide high-quality, safe and affordable recreational opportunities that meet the demands, needs and diversity of experiences Iowans desire. Ryerson's Woods serves a diverse urban population by providing affordable access to outdoor recreation opportunities. The Iowa City Council has adopted a strategic goal to "Advance Social Justice and Racial Equity". The location of Ryerson's Woods and its designation as a State Preserve also attract regional and statewide visitors. Priority 3 (SCORP pp 36-38). Encourage collaboration and planning efforts to encourage outdoor recreation. Goal 1: Invest in sound local and regional planning, including the integration of outdoor recreation, health and natural resources conservation and protection, as well as to provide a comprehensive and diverse vision. This project will further years of efforts to protect Ryerson's Woods while also making it accessible to the public. Without woodland restoration and enhancement, recreational and educational use will stagnate or perhaps decrease. With habitat improvement and revitalization of site amenities, we predict enhanced engagement by the volunteer groups, school groups, and local nature enthusiasts. • Goal 3: Bring together agencies, stakeholders, users and private sector business to focus on linear trails (hard, soft and wet surfaces) to develop sound comprehensive planning for a high-quality trails system in Iowa. Woodland restoration and enhancement in partnership with repair and revitalization of site amenities is expected to make existing trails more enticing and increase the base of recreationists who form a connection to the park. • Goal 4: Develop tools to assist local entities in building a constituency that supports and is active in outdoor recreation efforts. Ryerson's Woods has a long-standing history of attracting volunteerism and investment 06/2016 cmc 6 DNR Form 542-0279 from the research community. Volunteers who visit the park have often shared stories of return visits to share their experience with others. A large-scale habitat restoration effort will foster this support by demonstrating the City's commitment to healthy, sustainable ecosystems and thus, the City's commitment to stakeholders. Priority 4 (SCORP pp 40-42): Promote outdoor recreation as a means to achieve a healthier lifestyle, enhancing the quality of life for all Iowans. • Goal 2. Collaborate with existing Healthy Iowans, state and county initiatives to promote outdoor recreation and increase participation. Iowa City is a Blue Zone and Iowa Healthy Hometown designated community. Ryerson's Woods State Preserve supports these efforts by providing a local, accessible and inviting space for outdoor exercise and outdoor recreation skill development. Iowa Wildlife Action Plan The following vision elements and conservation action strategies are supported by the project as it improves the diversity and sustainability of woodland habitat in Ryerson's Woods through restoration and enhancement. With the control of invasive non-native plant species and predicted increase in diversity of native plants, wildlife habitat is expected to improve as well in response to the greater variety of plant species providing food, cover and breeding sites. Vision Element: By 2030 Iowa will have viable wildlife populations that are compatible with modern landscapes and human social tolerance. • Conservation Strategy/Action: Focus on protection, restoration, reconstruction, connection and enhancement of native plant communities and wildlife habitats. Vision Element: By 2030 Iowa will have healthy ecosystems that incorporate diverse, native habitats capable of sustaining viable wildlife populations. • Conservation Strategy/Action: Use the Plan as a tool for private lands and public land natural resource protection, management and restoration efforts. Vision Element: Diverse wildlife communities will be developed on public and private lands and waters through the use of adaptive ecological management principles. • Conservation Strategy/Action: Develop and implement management plans on public and privately -owned lands and waters that promote biodiversity and improve the status of species of greatest conservation need. • Conservation Strategy/Action: Expand and create local habitat working teams to implement the plans on private and public lands and waters. Provide these teams and private contractors' incentives for equipment. • Conservation Strategy/Action: Develop and implement a statewide strategy to eradicate invasive species. As restoration proceeds, the park will not only support a greater diversity of wildlife but will also be more accessible and attractive to visitors who come to view and enjoy wildlife through bird -watching and other passive nature -based recreation. This will address an aspect of the following vision element. More Iowans will participate in wildlife -associated recreation, and all Iowans will have access to publicly owned recreation areas to enjoy wildlife in its many forms. V. Environmental, Economic and Social Impacts of Project The proximity of Ryerson's Woods combined with its State Preserve worthy features provide opportunity for local, regional and statewide visitors to enjoy low barrier recreation opportunities in their city, region and state. Ryerson's Woods serves as a welcoming natural area at a major entrance point on the south side of Iowa City as well as the southern end of the 1-380 Corridor. The restoration efforts in this plan will enhance and preserve the character of the park and maintain its welcoming environment in a busy gateway location. The project will have positive environmental impacts through restoration of diverse plant communities providing habitat for a wide 06/2016 cmc 7 DNR Form 542-0279 variety of wildlife. The resulting increase in plant and wildlife habitat health is expected to attract more visitors and may also strengthen and revive volunteer and research connections the park has benefited from in the past. Additional visitors and research appeal would also have a positive economic impact bringing tourism, recreation and research dollars into the park and surrounding area. VI. Historical, Archaeological and Architectural Features/Impacts An archaeological survey was completed in 1992 under the direction of the Office of the State Archaeologist. The survey included pedestrian, shovel, and Seymore auger tests. One "prehistoric site of indeterminate cultural affiliation" was noted in the results of the survey. At that time, it was also determined the then planned and subsequently completed park development, which this project stays within the boundaries of, could occur without impacting site deposits. Interpretative panels included in this project will provide opportunity to enumerate the history of the site and teach visitors of it's natural and cultural significance. VII. Local Participation This grant application is based upon results and recommendation of three plans representing months of work leading up to as well as after Ryerson's Woods designation as a State Preserve in 2014. The plans include the Management Plan for Ryerson's Woods State Preserve (2014), City of Iowa City Natural Areas Inventory and Management Plan (2017), and the Iowa City Park Master Plan (2017). The latter included input from an estimated 500 residents, including 50 partner/service groups. Participation was through stakeholder meetings, on-line comments, public open house, Parks Commission meetings and City Council meetings and work sessions. All planning efforts were completed with significant outreach and public input including specific efforts to reach minorities and underserved populations including the use of a Social Equity Toolkit. Ryerson's Woods has also been the site of many volunteer service project outings over the years. Recent volunteer projects have introduced University of Iowa students from Environmental Sciences, Medicine and the Greek system to the park. Other individuals regularly remove garlic mustard as they view spring ephemerals and have been successful is almost completing keeping the invasive species out of the park. Ryerson's Woods has also been a longtime favorite research location for University professors and students studying Botany and Geology. Through their research efforts and backing, Ryerson's Woods was able to achieve State Preserve status. VIII. Considerations Given to Minorities, Elderly and Disabled The trail surface of the Lower Loop trail will be returned to an accessible standard so those with mobility impairments can enter and enjoy the wooded area of the park. This will restore a feature constructed with funding from the 1992 REAP Grant that provided initial public access to the park. IX. Itemized Costs The proposed funding for this project includes $200,000.00 in REAP Grant requests and $20,000.00 from other sources ($19,111.67 from Carbon Sequestration Grant funds associated with City participation in a carbon sequestration pilot program study). Recent investments in the park achieved a one -acre expansion of the prairie and new park entry signage in 2019 and 2020 respectively totaling a combined $10,636.00. Project Component Description Project Cost REAP Request Total Remove woody Remove primarily $100,000.00 $86,000.00 $86,000.00 invasive/undesired honeysuckle from 46 acres ($14,000 is + Match species 1/3 densely populated and match) 2/3 sparsely invaded Control woody Control invasive woody $25,000.00 $25,000.00 $25,000.00 invasive/undesired species after removal with 06/2016 cmc 8 DNR Form 542-0279 species cut stump herbicide and treatment of re -sprouts Remove hazard trees Remove 25 hazard trees $12,000.00 $12,000.00 $12,000.00 near trails Treat invasive Make initial efforts toward $2,000.00 $2,000.00 $2,000.00 Phragmites management/eradication of Phragmites near park entry (4 treatments of .25 -acre patch) Install native woodland Plant 1,000 native $3,000.00 $0.00 Match understory seedlings tree/shrub seedlings in SW (Match) Old Field and at rim of Borrow Pit (volunteer planting event) Seed native woodland Seed SW Old Field with $3,000.00 $0.00 Match understory native herbaceous plants (Match) (2.5 acres) Seed native savanna Seed NW Old Field with $8,000.00 $8,000.00 $8,000.00 native savanna after undesirable woody species have been controlled (5.5 acres) Replace aging benches Replace 6 benches and 3 $10,000.00 $10,000.00 $10,000.00 picnic tables with 9 benches moved adjacent to main trails to reduce trail system spurs and social trails Replace aging overlook Replace the weathered and $8,000.00 $8,000.00 $8,000.00 structure aging overlook structure without increasing beyond existing trail and overlook footprint (approx. 10x25 ft) Add interpretative Add 6 interpretative panels $20,000.00 $20,000.00 $20,000.00 panels in conjunction with bench replacements Restore accessible Restore the accessible $2,000.00 $2,000.00 $2,000.00 lower loop trail surface aggregate surface of the .2 - mile lower loop trail Add parking lot fencing Construct natural material $10,000.00 $10,000.00 $10,000.00 fence on edge of parking lot to encourage entry on main trail and reduce social trail use/creation (350 linear ft) Replace aging lower Replace 2 foot bridges (both $2,000.00 $2,000.00 $2,000.00 loop trail foot bridges approx. 4x10 ft) Construction planning, Construction mobilization, $15,000.00 $15,000.00 $15,000.00 oversight, facilitation oversight and and documentation documentation 06/2016 cmc 9 DNR Form 542-0279 X. Public Communications The City of Iowa City will communicate this project to the public using the following methods: • Posting the project materials and timeline on the City Website. • Announcement of the project and progress updates through City social media including highlighting the REAP Grant funding • Public meetings with the Park Commission and City Council to approve the grant application and award, as well as the contract and acceptance of the work. • Posting of project plans and updates including the REAP logo in the display case at Robert A. Lee Recreation Center. • Permanent posting of REAP signage at the entry of Ryerson's Woods State Preserve. • REAP grant history and recognition on interpretive panel included in project plans. • Recognition of the REAP funding at a proposed volunteer project day to plant understory seedlings in the Southwest Old Field Section of the park. XI. Agreements and Easements The City of Iowa City owns and maintains Ryerson's Woods State Preserve. As a State Preserve it is held in permanent trust by the State of Iowa. Pursuant to the State Preserve guidelines, no new development is proposed in this project beyond improving, by bringing back to a maintained state, the amenities that already exist in the park. XII. County Resource Enhancement Committee Comments Prior to submittal, the county Resource Enhancement Committee must approve grant applications and the Chairperson must sign the application in Section 6. A summary of comments by the County REAP Committee should be included in this section. 8. PROJECT SCORING CRITERIA (weight factors in parentheses) Make sure that all criteria are addressed in the application. Private/Public Open Space Grant Level of significance (3) Resource representation (3) Level of threat (3) Relationship to existing public land (3) Relationship to state, local and regional plans (3) Rare or unique species or communities (2) Public benefits (2) Tourism and economic development (1) Geographic distribution (1) Multiple use potential (1) Available funds relative to project costs (1) Quality of public communications plan (1) County Conservation Relationship to state local and regional plans (4) Quality of site and/or project (3) Public demand or need (2) Project uniqueness (2) Urgency of proposed action (2) Multiple benefits to be provided (2) Economic benefits to local, regional or state area (1) Quality of public communications plan (1) City Parks and Open Spaces Relationship to state local and regional plans (4) Quality of site and/or project (3) Public benefit served (2) Local support (2) Environmental benefits (2) Quality of public communications plan (1) 06/2016 cmc 10 DNR Form 542-0279 For more information about REAP Grants, visit: http://www.iowadnr.gov/Environment/REAPIREAPGrants.aspx Contact for all grants: Tammie Krausman, REAP Coordinator Tammie.KrausmanRi dnr.iowa.gov (515) 725-8443 06/2016 cmc 11 DNR Form 542-0279 NW OLD FIELD 4 p 11 An Ryerson's Woods State . n: Forest PreSel'e - ;r r� BORROW PIT OVERLOOK RAVINE Pp WOODED'UPLAND ; SHELTER ■ ■ EAST SLOPE PARKING SW OLD FIELD 0 RYERSON'S WOODS STATE PRESERVE NORTHWEST OLD FIELD SEGMENT 5.5 ACRES I - REMOVE AND TREAT INVASIVE/AGGRESSIVE SHRUBS - REMOVE AND TREAT UNDESIRABLE YOUNG COLONIZING TREES - PROTECT DESIRABLE TREE REGENERATION -PROTECT MATURE TREES AT EDGE OF OLD FIELD - SEED WITH PRAIRIE SAVANNA SEED MIX - PRAIRIE WILL BE VISIBLE FROM HWY 218 AND ADD VALUETOTHE HABITAT MOSAIC - LITTLE/NO ORIGINAL WOODLAND UNDERSTORY REMAINS AFTER YEARS OF AGRICULTURE USE - REMOVE AND TREAT INVASIVE/AGGRESSIVE SHRUBS - REMOVE AND TREAT UNDESIRABLE AND HAZARD TREES - PROTECT DESIRABLE TREE REGENERATION - ESTABLISH NATIVE WOODLAND UNDERSTORY - REMOVE BENCH AND REPLACE WITH BENCH AND INTERPRETATIVE PANEL ADJACENT TO TRAIL ■ do PA SHELTERn ■ • EAST SLOPE PARKIN( RIO � -' y`�a- �y hey �sC A. �F���"•':� .k _ _ya-, '�"`•�yJ f; mss; °'x [' 3�Srg" " t h . ~ 't�;�` :� t"`�� X Jb 2A,. v i it •i -..S � ,y, -x - REMOVE AND TREAT _ ppow— INVASIVE SHRUBS - PLANT SEEDLINGS TO ARMOR RIM OF SLOPES BORROW PIT - PROTECT DESIRABLE TREES AND UNDERSTORY -ADD INTERPRETATIVE PANEL AND BENCH FIELD OVERLOOK ; I RAVINE ; I ♦ ♦ � a�• I j _• �♦ i i M1= B RYERSON'S WOODS STATE PRESERVE ENTRY & LOWER LOOP TRAIL SEGMENT 3.6 ACRES - REMOVE AND TREAT INVASIVE SHRUBS AND PHRAGMITES AT ENTRY -REPLACE BENCHES/TABLE AND INSTALL WAYFINDING - IMPROVE TRAIL DRAINAGE AND FOOT BRIDGES - INSTALL FENCE ON EDGE OF PARKING TO LIMIT SOCIAL TRAILS Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 21-201 Resolution authorizing the City Manager to submit a Resource Enhancement and Protection (REAP) grant application for Ryerson's Woods Park 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; and Whereas, the grant process requires City Council approval of a grant submission; and Whereas, City staff would like to apply for a $200,000 grant for woodlands restoration at Ryerson's Woods Park; 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 Ryerson's Woods Park. 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 27th day of July, 2021. N46�a or Attest: City A orney's Office (Sue Dulek — 07/20/2021) It was moved by Taylor and seconded by salih Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner the Item Number: 7.g. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT July 27, 2021 Resolution approving agreement between ALPLA, Inc., and the City of Iowa City. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: The $250,000 grant will be funded by internal loan to be repaid from Heinz Road Urban Renewal Area tax increment Recommendations: Staff: Approval Attachments: Resolution Grant Agreement Executive Summary: ALPA, Inc. has applied for a $250,000 Energy Efficiency Grant for a project to replace all existing interior and exterior lighting with LED fixtures and bulbs and to replace two existing chillers and two existing free -cooling systems with one new Trane chiller with integrated free -cooling. The total eligible project cost of $603,179 can be matched 50/50 with the City's grant program up to $250,000 max. This project will be funded by the available tax increment in the Heinz Road Urban Renewal Area. Background /Analysis: The LED lighting system is estimated to use 43% less energy and provide annual savings of $42,600 including savings gained by cooler lights reducing the need for air conditioning and the lower energy bills required to light the plant. The new chiller and cooling system will replace four pieces of equipment with one, reducing both energy and maintenance costs. The 25% less energy to run the new chiller and cooling system is estimated to save the company $14,152 annually. On August 6, 2019, Council declared a Climate Crisis and called on staff to accelerate action to address the climate crisis and limit global warming. To that end, Council adopted the I PCC (Intergovernmental Panel on Climate Change) targets of a 45% reduction in carbon emissions by 2030 and reaching "net -zero" by 2050. Amendment #2 to the Heinz Road Urban Renewal Area created energy efficiency incentives for business and industry located within the urban renewal area. The goal of the program is to provide incentives to industry to improve energy efficiency, reduce carbon emissions required to power their plants and help the City achieve a 45% reduction in carbon emissions by 2030. The Heinz Road Urban Renewal Area was established in 2002 to attract new business, boost business retention and expansion, and retain and attract new jobs to the area. Since then, the taxable valuation of the area has increased by more than $21 million, and is now creating an unused available tax increment of more than $640,000 each year. Tax increment comes from taxes paid by property owners in this industrial area and is the source for the matching funds on qualified industrial energy efficiency improvements. ATTACHMENTS: Description Resolution Grant Agreement Fee, I111H11 llllll 021110977 Illlllllll III11 III11 I41i11411111111 lull Illll lull llll Illl K1ndI: REGEEN SLION Recorded: 08/06/2021 at 10Pe.:59:69 W'1 Johnson roun10(IaWae cDrd 8 KIM Painter County Recorder 86268 PG583-590 STATE OF IOWA } ) SS JOHNSON COUNTY } I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 21-202 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th day of July 2021, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 30th day of July 2021. I/ I� KelliK. Fruehling is City Clerk fires 410 EAST WASHINGTON STREET* IOWA CITY, IOWA 52240-1826 a (319) 356-5000 o FAX (319) 356-5009 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Resolution No. 21-202 Resolution approving agreement between ALPLA, Inc., and the City of Iowa City. Whereas, the City has adopted an urban renewal plan (the "Urban Renewal Plan") that contemplates the use of tax increment financing to assist industrial users located in the urban renewal area in efforts to reduce their carbon emissions; and Whereas, the Urban Renewal Plan is described in Amendment No. 2 to the Heinz Road Urban Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant to Resolution 20-186, on August 4, 2020 and recorded in Book 6091, Page 38-48, in the records of the Johnson County, Iowa Recorder; and Whereas, Borrower, an industrial user within the Urban Renewal Area, has applied for this assistance to fund improvements to its Facility that are anticipated to reduce its carbon emissions; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Agreement by and between the City of Iowa City Iowa and ALPLA, Inc., is in the public interest of the residents of Iowa City; and Section 2. That said Agreement is consistent with and authorized by the Urban Renewal Plan and all applicable State and federal laws including, but not limited to, Iowa Code Chapters 15A and 403; and Section 3. That the Mayor is authorized and directed to execute the attached Agreement in a form approved by the City attorney, and the City Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk; and Section 4. That the Mayor and the City Clerk be and are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City's performance as provided therein; and Section 5. That the City Clerk be directed to certify and record the resolution at ALPLA, Inc.'s, expense; and Section 6. That the City Manager is hereby authorized to administer the terms of the Agreement. PASSED AND APPROVED this 27th day of July , 2021. T'r A� ay r Resolution No. 21=202 Page 2 City Clerk ` J APPROVED: J City Attorr y-07/21/2021 It was moved by Taylor and seconded by the Resolution be adopted, and upon roll call there were: Salih Ayes: Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner -2- Prepared by Wendy Ford, Econ. Dev Coordinator, 410 E. Washington St., Iowa City, IA 52240, 319-356-5248 Energy Efficiency TIF Grant Agreement This Grant Agreement is hereby made by and between ALPLA Inc., an Iowa limited liability company ("Borrower") whose address is 2258 Heinz Road, Iowa City, Iowa 52240, and the City of Iowa City, Iowa, a municipal corporation whose address is 410 East Washington Street, Iowa City, Iowa ("City"). Whereas, the City of Iowa City has adopted an urban renewal plan that contemplates the use of tax increment financing to assist industrial users located in the urban renewal area in efforts to reduce their carbon emissions; and Whereas, said plan is described in Amendment No. 2 to the Heinz Road Urban Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant to Resolution 20-186, on August 4, 2020 and recorded in Book 6091, Page 38-48, in the records of the Johnson County, Iowa Recorder; and Whereas, Borrower, an industrial user within the Heinz Road Urban Renewal Area, has applied for this assistance to fund improvements to its facilities that are anticipated to reduce its carbon emissions; and Whereas, the City is willing to assist Borrower in funding a portion of the actual project costs, as further described below. Now, therefore, for the consideration described herein, the parties agree as follows: 1. Project: Borrower intends to replace all existing interior and exterior lighting with LED fixtures and bulbs and to replace two existing chillers and two existing free -cooling systems with one new Trane chiller with integrated free -cooling at the property legally described below by November 1, 2021, at a total cost of $603,179. The LED lighting system is estimated to use 43% less energy and provide annual savings of $42,600 including savings gained by cooler lights reducing the need for air conditioning and the lower energy bills required to light the plant. The new chiller and cooling system will replace four pieces of equipment with one, reducing both energy and maintenance costs. The 25% less energy to run the new chiller and cooling system is estimated to save the company $14,152 annually. Legal description: Real property located in the County of Johnson, State of Iowa, and legally described as follows: Lot 4, BDI Second Addition to Iowa City, Johnson County, Iowa, as filed in Book 19, Page 80 of the Johnson County Recorder's Office; and Lot 1, BDI Fifth Addition to Iowa City, Johnson County, Iowa, as filed in Book 29, Page 74 of the Johnson County Recorder's Office. 2. Economic Development Grant: In the event Borrower timely completes the Project described above and provides the City with evidence of invoices paid to contractors for Construction Costs in amounts that are equal to or exceed $500,000, then the City shall grant Borrower $250,000, subject to the terms and conditions of this agreement. In no event shall the City's contribution toward this project exceed 50% of the total project cost, up to a maximum of $250,000 ("Principal Amount"), Should the project cost be less than the projected $603,179, the City's contribution will be limited to 50% of the actual Construction Costs. Construction Costs are defined as the cost for the equipment and installation of the equipment as detailed in the attached quote. 3. Source of Grant Funds Limited: Funds for this Economic Development Grant shall come from the Heinz Road Urban Renewal Tax Increment Fund. 4. Maintenance, Operation and Reporting: Borrower agrees to construct, maintain, and operate the Project in excellent working condition in a manner consistent with the energy efficiencies described above for a period of three years. Borrower must submit to the City three (3) annual reports detailing the monthly energy usage and energy costs incurred for the above- described property compared to the monthly energy usage and energy costs incurred in the year before the Project was constructed. This comparison is material to the City's determination of whether the Project is being maintained and operated in accordance with this agreement. These reports shall be due annually on November 1. 5. Repayment Term: Borrower shall not be obligated to make payments toward the Principal Amount so long as Borrower satisfies the obligations described in Paragraphs 1 and 3 above. 6. Interest: No interest shall accrue on the Principal Amount during the term of this loan. 7. Release: The City shall forgive this Matching Grant on or about November 1, 2024, upon a determination made in its sole discretion that Borrower has satisfied the terms of this Agreement and issue a release to be recorded in the Johnson County Recorder's office at Borrower's expense. 8. Default and Remedy: If Borrower does not timely complete, maintain and operate the improvements as required herein, for three years from the completion of the Project, the Principal Amount shall be immediately due and payable 60 days after the City mails written notice to Borrower to cure the default at the address listed above and Borrower's failure to cure said default. The City reserves the right to pursue any other remedy available to it at law or equity to collect the amount then due. 9. Representations and Warranties: Borrower represents and warrants: (a) It is a company duly organized and validly existing under the laws of the State of Iowa and registered to do business in the State of Iowa and have all requisite power and authority to develop and construct the Project, to carry on their businesses as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement; (b) This Agreement has been duly and validly authorized, executed and delivered by the Borrower and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of Borrower enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally; (c) Neither Borrower nor any person or entity with an ownership interest of more than 25% of Borrower have been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. 10. Contractor Labor Law Compliance: Borrower acknowledges that the City of Iowa City will not contract with nor provide any economic development incentives to any person or entity who has participated in wage theft by violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act (FLSA) or any comparable state statute or local ordinance, which governs the payment of wages. Misclassification of employees as independent contractors is a violation of the FLSA and is included in the definition of wage theft. Borrower agrees that it will require, in any construction contract for the Project the following written provisions, proof of which must be provided to City prior to the start of construction: a) Agreement by the General Contractor to comply with all state, federal and local laws and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the internal Revenue Code; b) Agreement by the General Contractor to provide to the Borrower and the City no later than the filing of an application for issuance of a building permit, the names and addresses of each subcontractor and the dollar value of the work the subcontractor is expected to perform; C) Demonstration by the General Contractor that it has the capacity to meet all performance, and labor and material payment, bonding requirements relative to the Project. d) Providing to the City a certificate by the General Contractor's insurer that it has in force all insurance coverage required with respect to construction of the Project, including $1,000,000 Commercial General Liability Insurance and Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. e) Demonstration by the General Contractor that it has required all subcontractors to agree, in writing, that the subcontractor will comply with all state, federal and local laws and administrative rules and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code. 11. Indemnification: Borrower releases the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, "Indemnified Parties") from, covenant and agree that the Indemnified Parties shall not be liable for, and agree to indemnify, defend and hold harmless the Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about, or resulting from any defect in, the Project or Borrower's property described in Paragraph 1 above. 12. Covenant: This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Agreed to on this 20 day of ULY , 2021. Borrower: City: ,(ice By: Christian Karg, Bruce Teague, Mayor Director of Manufacturing Attest: / Kellie Fruehling, City Clerk Approved by: G City Attorney Office CITY ACKNOWLEDGMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this' day of � 1 20� before me, the undersigned, a Notary Public in and for the State of Iowa, pers�peared$n ep TQQc4 as Mayor, and 115 PJ Ii Q frudil'i r Q as City Clerk, of the City of Iowa City, Iowa. J ALL - Notary Public in and for the tate of Iowa My commission expires: CHRISTINE OLNEY Commission Number 808232 �� MY Commission Expires BORROWER ACKNOWLEDGEMENT STATE OFACc� ) — UvUUU )SS COUNTY OF ) This instrument was acknowledged before me on this day of ATLA 2021, by a rte i jA /tai as ALPLA Inc.. Honry County, Georgia Notary Public Notary Public Stacy Pisarik ,A ' My commission Expires 620/2023 Item Number: 7.h. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT July 27, 2021 Resolution accepting the work for the City Park Adventure Playground Project. Prepared By: Melissa Clow, Special Projects Administrator 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 has been completed by All American Concrete, Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications. The Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office. • Project Estimated Cost: $ 400,000.00 • Project Bid Received: $ 458,795.50 • Project Actual Cost: $ 509,908.35 The project included 10 change orders, which included abandonment of a yard hydrant, shelter purchase, adjustment of retaining wall backfill, new water service connection for Shakespeare Theater, removal of a sanitary sewer manhole, revised sidewalk locations, revised equipment locations, additional railing and other related work. Background /Analysis: A new adventurous and inclusive play area developed in City Park is intended to provide a community -wide draw to City Park and replace the City Park Carnival Rides that were removed in 2018. The new playground is located on the site of the former zoo, which is a hillside linking upper and lower City Park. The scope of work for this project included removal of an existing building and retaining wall, as well as installation of poured -in-place play surfacing, retaining walls, play equipment, shelter, sidewalk, entry sign, benches, trash and recycling receptacles, picnic tables, electric services, lighting and site landscaping. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT July 21, 2021 City Clerk Iowa City, Iowa Re: City Park Adventure Playground Project Dear City Clerk: � r gnii; KIP AL - �` 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 construction of the City Park Adventure Playground Project has been completed by All American Concrete, Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications prepared by Hitchcock Design Group of Naperville, Illinois. The required Performance, Payment and Maintenance bond is on file in the City Clerk's office. The project was bid as a lump sum contract and the final contract price is $509,908.35. There were -10 change -or extra work orders -for -the -project -described -below: 1. Modify contract from a lump sum agreement to unit price agreement. $0.00 2. Abandon yard hydrant located within the paving area on the southeast $825.00 side of the project. 3. Purchase and deliver Coverworx Shelter. $11,885.50 4. Replace SG 200 geo-grid behind Walls 3 and 4 with no fines $5,610.00 concrete, filter fabric and dowel bars. 5. Tap existing water main and install new service connection to $4,785.00 abandoned service to provide water to the Shakespeare Theater. 6. Move embankment slide, including removal and replacement of two $759.00 bottom footings and posts. 7. Remove existing sanitary manhole located within the shelter pad. $2,900.00 8. Adjust location of seed saver table. $610.50 9. Sidewalk revisions to regrade and compact areas in new sidewalk $14,365.75 locations, adjust sidewalk alignment to the restroom, and concrete sidewalk and stair removal. 10. Addition of upper, west railing and dismantle embankment slide $9.372.10 platform due to sidewalk elevation changes. I recommend that the above -referenced improvements be accepted by the City of Iowa City, Sincerely, Jason Havel, P.E. City Engineer Prepared by: Melissa A. Clow, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5413 Resolution No. 21-203 Resolution accepting the work for the City Park Adventure Playground Project Whereas, the Engineering Division has recommended that the work for construction of the City Park Adventure Playground Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated June 27, 2019, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the City Park Adventure Playground account # R4356;and Whereas, the final contract price is $509,908.35. 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 27th day of July 2021 May ') Approved by Attest: VI AXI, A City lark City Aft net's Office - 07/22/2021 It was moved by 'Taylor and seconded by salih the Resolution be adopted, and upon roll call there were: Ayes r:1 Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 71 AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT July 27, 2021 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2021 Summer Sidewalk Repair Project. Prepared By: Kim Sandberg, Program Assistant Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $88,965.00 available in the Sidewalk Operations account #22710220 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the 2021 Summer Sidewalk Repair Project. Four (4) bids were submitted prior to the July 20, 2021 deadline: Feldman Concrete All American Concrete Quality Construction Services TK Concrete Engineer's Estimate Dyersville, IA West Liberty, IA Eldridge, IA Pella, IA $ 88,965.00 $ 124,064.00 $ 142,432.00 Non -Responsive Bid $100,000 Staff recommends awarding the contract to Feldman Concrete of Dyersville, Iowa. Background /Analysis: As part of the City's Sidewalk Inspection Repair Program, Iowa City is divided into ten sections, and scheduled sidewalk inspections and repairs occur on a rotating ten-year schedule. Each year for the scheduled section, staff inspects sidewalks to identify sidewalk panels in need of repair. Following the inspections, adjacent property owners are notified of the need for repairs, and given the opportunity to have the repairs completed. If the repairs do not occur by the spring of the following year, the City bids a project to repair any remaining sidewalk panels that have not been repaired. Costs for the repairs are then billed to the adjacent property owner. In some locations, sidewalk panel damage is attributed to roots from right-of-way trees, public utility settlement or other City -owned assets. In these cases, the City covers the cost of the sidewalk repairs. Project Timeline: Construction Start: August 2021 Estimated Completion: November 2021 ATTACHMENTS: Description Resolution Prepared by: Kim Sandberg, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5139 Resolution No. 21-204 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2021 Summer Sidewalk Repair Project. Whereas, Feldman Concrete of Dyersville, Iowa, has submitted the lowest responsible bid of $88,965.00 for construction of the above-named project; and Whereas, funds for this project are available in the Sidewalk Operations account # 22710220; 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 City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project is hereby awarded to Feldman Concrete of Dyersville, Iowa, 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 27th day of July , 2021 11 Ma Approved by Attest City Llerk I ITCity Atto eys Office - 07/22/2021 It was moved by Taylor adopted, and upon roll call there were: Ayes: X X X X X X X Nays: by salih the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 7.j. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT July 27, 2021 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Glendale Park Improvements Project. Prepared By: Ethan Yoder, Civil Engineer Reviewed By: Jason Havel, City Engineer Juli Seydell Johnson, Parks and Recreation Director Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $178,000.00 available in the Glendale Park Improvements account #R4366 Recommendations: Staff: Approval AGO, 171.2►/_1 Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the Glendale Park Improvements to McComas-Lacina Construction LC of Iowa City, Iowa. This project generally includes new playground equipment, site grading, sidewalk from the entrance to the playground, and a shelter. Background /Analysis: This project will include demolition of the existing play areas and proposed improvements of grading, pavements, shelter, seeding and associated work. Alternate #1 includes the contractor installing play equipment and play surfacing. Alternate #2 is the additional cost for widening the sidewalk from 5' to 6' width. The construction cost estimate for the base bid project was $151,000.00, and three (3) bids were received ahead of the July 21, 2021 bid letting: Company Base Bid Amount Alternate #1 Alternate #2 McComas-Lacina Construction LC. $174,000.00 No Bid $4,000.00 All American Concrete Inc. $219,800.00 $31,000.00 $3,800.00 Tricon General Construction, Inc. $247,600.00 $28,900.00 $3,200.00 Based upon the bids received, staff recommends awarding the Base Bid Project and Alternate #2 to McComas-Lacina Construction LC of Iowa City, IA Project Timeline: Award Date — July 27, 2021 Construction Start — August 2021 Estimated Construction Completion — October 2021 ATTACHMENTS: Description Resolution Prepared by: Ethan Yoder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)3565145 Resolution No. 21-205 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Glendale Park Improvements Project Whereas, McComas-Lacina Construction LC of Iowa City, Iowa has submitted the lowest responsible bid of $178,000.00 for construction of the above-named project; and Whereas, the bid includes the base bid and Alternate #2; and Whereas, funds for this project are available in the Glendale Park Improvements account # R4366;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 City Council of the City of Iowa City, Iowa, that: The contract for the construction of the above-named project for the base bid plus #2 is hereby awarded to McComas-Lacina Construction LC, 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 the contract for construction of the above-named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 27th day of July 2021 I Ma Approved b E___. Attest: 4Qlerk City Attey's Office - 07/22/2021 It was moved by Taylor and seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes: X X X X Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner 1 Item Number: 7.k. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT July 27, 2021 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Petsel Place Storm Sewer Improvements Project. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $198,229 available in the Petsel Place Storm Sewer Improvements account # M3636 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the Petsel Place Storm Sewer Improvements Project. Three (3) bids were submitted prior to the July 20, 2021 deadline: Bockenstedt Excavating, I nc. All American Concrete, Inc. Boomerang Corp. Engineer's Estimate Iowa City, IA $198,229.00 West Liberty, IA $226,953.00 Anamosa, 1 A $256,757.00 $220,000.00 Staff recommends award of the contract to Bockenstedt Excavating, Inc. of Iowa City, Iowa Background /Analysis: The existing storm sewer pipe at the west end of Petsel Place has reached the end of its useful life. Additionally, the pipe is undersized and the street is susceptible to nuisance flooding. This project will reconfigure the pavement and storm sewer infrastructure to current standards and will help alleviate nuisance flooding. Project Timeline: Construction Start: August, 2021 Estimated Completion: November, 2021 ATTACHMENTS: Description Resolution Prepared by: Ben Clark, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5436 Resolution No. 21-206 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Petsel Place Storm Sewer Improvements Project. Whereas, Bockenstedt Excavating, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $198,229 for construction of the above-named project; and Whereas, funds for this project are available in the Petsel Place Storm Sewer Improvements account # M3636; 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 City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project is hereby awarded to Bockenstedt Excavating, Inc. of Iowa City, Iowa, 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 27th Attest : City It was moved by Taylor adopted, and upon roll call there were: Ayes: X X X X X X X day of July , 2021 Mayo Approved by City Attorp(ey's Office — 07/22/2021 Nays: seconded by salih Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Item Number: 7.1. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT July 27, 2021 Resolution rejecting bids received on July 13, 2021 for the Lower City Park and Kimball Road Storm Sewer Improvement Project and setting a new date for receipt of bids for the rebidding of the Lower City Park and Kimball Road Storm Sewer Improvement Project, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Melissa Clow, Special Projects Administrator Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Funding for this project is available in the Iowa City Gateway account #S3809 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item rejects the bids received for the Lower City Park and Kimball Road Storm Sewer Improvement Project and sets a new date for receipt of bids for rebidding the project. Two (2) bids were submitted prior to the July 13, 2021 deadline: Company Bid Amount Boomerang $317,299.90 All American Concrete, Inc. $398,710.52 Engineer's Estimate $250,000.00 Because the lowest responsive bid submitted exceeded the Engineer's Estimate and staff believes cost savings may be realized by rebidding the project, staff recommends that Council reject the bid and set a new date for receipt of bids for rebidding the project on August 11, 2021. Background /Analysis: In Lower City Park, the existing corrugated metal pipe that carries runoff from the area and drains the City Park Pool has rusted out and is no longer functioning. Low spots have developed and are holding water after heavy rains. On Kimball Road, there are no storm sewer intakes upstream of the Gilbert Street intersection. During heavy rains, stormwater runoff is flowing down the hill from the east and jumping the curb onto the sidewalk, causing erosion issues and leaving debris on the sidewalk and in the ADA curb ramp. The new intakes will capture much of this water before it can reach the intersection. The private drive north of Kimball Road was constructed to match the drainage ditch east of the Dubuque Street sidewalk and to stay within the federal NEPA limits of the Iowa City Gateway project. The constructed dip causes the homeowners cars to bottom out and holds debris where stormwater runoff passes over it. ATTACHMENTS: Description Resolution -I Late Handouts Distributed:* ' __�- 2,_?- 2I Prepared by: Melissa Clow, Special Projects Administrator, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5413 (Date) Resolution No. Resolution rejecting bids received on July 13, 2021 for the Lower City Park and Kimball Road Storm Sewer Improvement Project and setting a new date for receipt of bids for the rebidding of the Lower City Park and Kimball Road Storm Sewer Improvement Project, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, two bids were received prior to the July 13, 2021 deadline for the Lower City Park and Kimball Road Improvement Project and the low bid exceeded the Engineer's Estimate by 26.9%; and Whereas, the Department of Public Works recommends that the Council reject all bids and set a new date for receipt of bids. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1, All bids received on July 13, 2021, for the Lower City Park and Kimball Road Storm Sewer Improvement Project, are rejected. 2. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 3. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 1 Vday of August, 2021. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Assembly Room at The Center, 28 S Linn Street, or Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 17th day of August 2021, or at a special meeting called for that purpose. 4. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. Passed and approved this day of 2021 Attest: City Clerk Mayor Approved by City Attorney's Office Prepared by: Melissa Clow, Special Projects Administrator, Public Works, 410 E. Washington St., Iowa City, IA 52240 Resolution No. Resolu 'on rejecting bids received on July 13, 2021 for a Lower City Pa and Kimball Road Storm Sewer Improve nt Project and set 1 a new date for receipt of bids for th/redding of the Lower Cit Parkand Kimball Road Storm Seprovement Project,dire tingCity Clerk to post notice to b, and fixing time and plac for receipt of bids. Whereas, two bids were rel Kimball Road Improvement and prior to the July 13, 2021 deAdline for the Lower City Park and t and the low bid exceede the Engineer's Estimate by 26.9%; Whereas, the Department of Public new date for receipt of bids. Now, therefore, be it resolved by the City rouncil of 1. All bids received on July 13, 2021, Improvement Project, are rejected. the Council reject all bids and set a City of Iowa City, Iowa, that: City Park and Kimball Road Storm Sewer 2. The City Clerk is hereby authorized a d dl cted to post notice as required in Section 26.3, not less than 13 days and not more han 4 days before the date of the bid letting, which may be satisfied by timely postingotice on he Construction Update Network, operated by the Master Builder of Iowa, an he Iowa Le ue of Cities website. 3. Sealed bids for the above -nam d project are to be eceived by the City of Iowa City, Iowa, at the Office of the City Clerk, t the City Hall, be? 3:00 p.m. on the 10th day of August, 2021. At that time, the bids ill be opened by the ity Engineer or his designee, and thereupon referred to the C' y Council of the City of to a City, Iowa, for action upon said bids at its next regular Jecial ting, to be held at the Ass bly Room at The Center, 28 S Linn Street, or Emma J.at Hall, City Hall, Iowa City, 1 wa, at 6:00 p.m. on the 17`" day of August 2021, or at a s meeting called for that purpo e. 4. If City Council does of meet in person due to the health nd safety concerns from COVID-19, the cou cil meeting will be an electronic m eting using the Zoom Meetings. For in f rmation on how to participate in the ectronic meeting, see www.icgov.ori; I ncildocs or telephone the City Clerk at (319X356-5043. Passed and approved Attest: City Clerk day of Mayor Approved by City Attor ey's Office — 07/22/2021 -0 Prepared by: Melissa Clow, Special Projects Administrator, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5413 Resolution No. 21-207 Resolution rejecting bids received on July 13, 2021 for the Lower City Park and Kimball Road Storm Sewer Improvement Project and setting a new date for receipt of bids for the rebidding of the Lower City Park and Kimball Road Storm Sewer Improvement Project, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, two bids were received prior to the July 13, 2021 deadline for the Lower City Park and Kimball Road Improvement Project and the low bid exceeded the Engineer's Estimate by 26.9%; and Whereas, the Department of Public Works recommends that the Council reject all bids and set a new date for receipt of bids. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. All bids received on July 13, 2021, for the Lower City Park and Kimball Road Storm Sewer Improvement Project, are rejected. 2. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 3. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 11th day of August, 2021. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Assembly Room at The Center, 28 S Linn Street, or Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 17th day of August 2021, or at a special meeting called for that purpose. 4. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. Passed and approved this 27th day of July 2021 Mayo(. Approved by /. Attest: ACitylerk City Attorney's ffice — 07/27/2021 Resolution No. 21-207 Page 2 It was moved by Taylor and seconded by adopted, and upon roll call there were: Nays: Salih Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Item Number: 7.m. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT July 27, 2021 Resolution rejecting bids received on July 8, 2021 for the Nevada Avenue Sanitary Sewer Replacement Construction Project and setting a new date for receipt of bids for the rebidding of Nevada Avenue Sanitary Sewer Replacement Construction Project, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Joe Welter, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Funding for this project is available in the Nevada Avenue Sanitary Sewer Replacement Account Number V3147 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item rejects all bids received on July 8, 2021, for the Nevada Avenue Sanitary Sewer Replacement Project. An addendum will be issued to set a new date for receipt of bids (August 31, 2021) and revise the construction schedule (April —August 2022). One (1) bid was submitted prior to the July 8, 2021 deadline: Company Bid Amount Bockenstedt Excavating, Inc. $561,098.50 Engineer's Estimate $462,000.00 Because the lowest responsive bid submitted exceeded the Engineer's Estimate and staff believes cost savings may be realized by rebidding the project, staff recommends that Council reject the bid and set a new date for receipt of bids for rebidding the project on August 31, 2021. Background /Analysis: The existing sanitary sewer system, along the back yards of the residential properties between Nevada Avenue and Regal Lane from Lakeside Drive to Whispering Meadow Drive, has a variety of deficiencies. Rehabilitation of the existing pipes is not possible. Approximately 960 linear feet of new ten -inch and eight -inch pipe will be installed to replace the existing deficient pipe, and sanitary sewer services will be reconnected to the new main. The areas excavated for installation will be restored with pavement or seeding. Fences will be restored to the edge of existing permanent utility easements, which will provide a twenty -foot wide grassed corridor for future maintenance or repair activities. ATTACHMENTS: Description Resolution 4t7ry-V Late Handouts Distributed Prepared by: Joe Welter, Senior Engineer, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. Date) Resolution rejecting bids received on July 8, 2021 forte Nevada Avenue Sanitary Sewer Replacement Construction Project and setting a new date for receipt of bids for the rebidding of Nevada Avenue Sanitary Sewer Replacement Construction Project, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, bids were received on July 8, 2021, for the Nevada Avenue Sanitary Sewer Replacement Project; and Whereas, one bid was received that exceeded the amount available in the project fund; and Whereas, the Public Works Department recommends that Council reject the bid, issue an addendum, set a new date for receipt of bids, and revise the construction schedule; and Whereas, funds for this project are available in the Nevada Avenue Sanitary Sewer Replacement, Account Number V3147. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. All bids received on July 8, 2021, for the Nevada Avenue Sanitary Sewer Replacement Project are rejected. 2. An addendum shall be issued to the Project for the Nevada Avenue Sanitary Sewer Replacement Project, approved by resolution on June 15, 2021, to revise the project schedule. 3. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 4. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 5. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 3151 day of August, 2021. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held either at the Assembly Room at The Center, 28 S Linn Street, Iowa City, Iowa, or Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, at 6:00 p.m. on the 711 day of September, 2021, or at a special meeting called for that purpose. If City Hall is closed to the public due to the health and safety concerns from COVID-19, sealed bids may still be delivered in person on Mondays through Fridays 8:00 am to 5:00 pm. The person delivering the sealed bid may come to the front lobby of City Hall, 410 East Washington Street, Iowa City, Iowa, and upon arrival telephone the City Clerk at (319) 356-5043. 6. If City Council does not meet in person due to the health and safety concerns from COVID- 19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. Passed and approved this Attest : City Clerk It was moved by adopted, and upon roll call there were: Ayes: day of 2021 Mayor Approved by City Attorney's Office and seconded by Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Prepared by: Joe Welter, Senior Engineer, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. Resolution rejecting bids received on July 8, 2021 for theNeva A enue Sanitary Sewer Replacement Construction Projec nd set 'ng a new date for receipt of bids for the rebidding of evada Ave a Sanitary Sewer Replacement Constructio Project, directi City Clerk to post notice to bidders, and fi ' g time and place fo receipt of bids. Whereas, bids were r ceived on July 8, 2021, for the Nevada Aven Sanitary Sewer Replacement Project; and Whereas, one bid was Whereas, the Public Works for receipt of bids; and Whereas, funds for this project Account Number V3147. that exceeded the amount a/ailable in the project fund; and recommends thpf Council reject the bid and set a new date in thoevada Avenue Sanitary Sewer Replacement, Now, therefore, be it resolved by the C1ty Cokfncil of the City of Iowa City, Iowa, that: 1. All bids received on July 8, 202\andirected evada Avenue Sanitary Sewer Replacement Project are rejected. 2. The City Clerk is hereby au orizto post notice as required in Section 26.3, not less than 13 days an not mdays before the date of the bid letting, which may be satisfied by time postinhe Construction Update Network, operated by the Master Builder of I a, and tgue of Cities website. 3. Sealed bids for the,.Above-named project are be received by the City of Iowa City, Iowa, at the Office of th City Clerk, at the City Hall, fore 3:00 p.m. on the 10th day of August, 2021. At that ti e, the bids will be opened by he City Engineer or his designee, and thereupon ref red to the City Council of the City f Iowa City, Iowa, for action upon said bids at its ne regular meeting, to be held at the As embly Room at The Center, 28 S Linn Street,or ma J. Harvat Hall, City Hall, Iowa City, owa, at 6:00 p.m. on the 171 day of August 20 1, or at a special meeting called for that pu ose. 4. If City unci) does not meet in person due to the health d safety concerns from COVID- 19, t council meeting will be an electronic meeting Ing the Zoom Meetings. For infor ation on how to participate in the electronic meeting, a www.icgov.org/councildocs or lephone the City Clerk at (319) 356-5043. Passed and approved this day of Mayor `p-0 Attes It wa; adopt i be Oft Prepared by: Joe Welter, Senior Engineer, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 21-208 Resolution rejecting bids received on July 8, 2021 for the Nevada Avenue Sanitary Sewer Replacement Construction Project and setting a new date for receipt of bids for the rebidding of Nevada Avenue Sanitary Sewer Replacement Construction Project, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, bids were received on July 8, 2021, for the Nevada Avenue Sanitary Sewer Replacement Project; and Whereas, one bid was received that exceeded the amount available in the project fund; and Whereas, the Public Works Department recommends that Council reject the bid, issue an addendum, set a new date for receipt of bids, and revise the construction schedule; and Whereas, funds for this project are available in the Nevada Avenue Sanitary Sewer Replacement, Account Number V3147. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. All bids received on July 8, 2021, for the Nevada Avenue Sanitary Sewer Replacement Project are rejected. 2. An addendum shall be issued to the Project for the Nevada Avenue Sanitary Sewer Replacement Project, approved by resolution on June 15, 2021, to revise the project schedule. 3. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 4. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 5. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 31st day of August, 2021. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held either at the Assembly Room at The Center, 28 S Linn Street, Iowa City, Iowa, or Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, at 6:00 p.m. on the 70 day of September, 2021, or at a special meeting called for that purpose. If City Hall is closed to the public due to the health and safety concerns from COVID-19, sealed bids may still be delivered in person on Mondays through Fridays 8:00 am to 5:00 pm. The person delivering the sealed bid may come to the front lobby of City Hall, 410 East Washington Street, Iowa City, Iowa, and upon arrival telephone the City Clerk at(319)356-5043. Resolution No. 21-208 Page 2 6. If City Council does not meet in person due to the health and safety concerns from COVID- 19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. Passed and approved this 27th day of July '2021 Ma Approved by Attest City Jerk City Attorn y's Office - 7/27/2021 It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: Nays: salih the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 7.n. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT July 27, 2021 Resolution accepting the work for the City Hall Boiler and BAS Improvements Project. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Kumi Morris, Facilities Manager 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: The City Hall Boiler and BAS Improvements Project has been completed by RMB Co., Inc., of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Shive- Hattery, Inc. of Iowa City, Iowa. The Engineer's Report and Performance and Payment Bond are on file with the City Clerk. Project Estimated Cost Project Bid Received Project Actual Cost $487,000.00 $525,067.00 $562,419.74 There was a total of three (3) change orders that included installing or replacing missing duct work, faulty control valves, sensors and pump starters. Background /Analysis: City Hall's boiler system was designed to cycle between two boilers for longevity and redundancy of the system. The existing system had been in operation since 1992 and was operating on one boiler. One boiler was completely non -operational and the remaining, functioning boiler, was estimated to have 3 to 4 years of life remaining. With the complete replacement of the boiler system, overall efficiencies are expected to be dramatically increased and redundancy will be added for emergency situations. This project also included work related to the temperature controls system. The previous temperature controls system was primarily a mix of standalone pneumatically controlled systems and outdated Direct Digital Controls systems, all of which were limited from the standpoint of energy management and asset management capabilities. The controls upgrades integrate the existing HVAC systems into the City's Niagara based Building Automation System (BAS). These upgrades are expected to result in reductions in energy consumption and energy cost as well as reduced maintenance costs. From the MidAmerican report that outlines the performance measures and incentives, from the base information, by upgrading the boilers and BAS at City Hall, the City should see approximately: • Annual electric savings of 51,994 kWh • Annual natural gas savings of 5,666 Therms • Annual cost savings for City Hall should be around $5,613.00 • Simple payback (with the rebate) is 6.8 years In addition, the City also received an energy savings rebate in the amount of $11,905 for the project. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT July 20, 2021 City Clerk Iowa City, Iowa RE: City Hall Boiler and BAS Improvements Project Dear City Clerk: r 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 construction of City Hall Boiler and BAS Improvements Project has been completed by RMB Co., Inc., of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Shive-Hattery, Inc. of Iowa City, Iowa. The project was bid as a unit price contract and the final contract price is $562,419.74. There was a total of three (3) change or extra work orders for the project as described below: 01 Replace control valves and missing duct work $12,628.27 02 Replace solid state pump starters, sensors, valves $22,768.17 03 Add thermostatic actuated control valve $1,956.30 Total $37,352.74 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Ben Clark, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 21-209 Resolution accepting the work for the City Hall Boiler and BAS Improvements Project Whereas, the Engineering Division has recommended that the work for construction of the City Hall Boiler and BAS Improvements Project, as included in a contract between the City of Iowa City and RMB Co., Inc., of Iowa City, Iowa, dated August 21, 2019, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the City Hall account # R4129; and Whereas, the final contract price is $562,419.74. 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 27th day of July , 2021 May Attest: City lerk It was moved by 'Taylor and seconded by adopted, and upon roll call there were: Ayes: HI Nays: Approved by City A orney's Office - 07/22/2021 salih the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner -T. n AMENDMENT NO. 1 TO THE MAY 18, 2021, CONSULTANT AGREEMENT CITY OF IOWA CITY BIENNIAL BRIDGE INSPECTION AND MASTER PLAN 2021 WHEREAS, a Consultant Agreement was entered into between the City of Iowa City, Iowa (City), and Calhoun -Burns & Associates, Inc., (Consultant) dated May 18, 2021, to assist in 2021 Bridge Inspections and SIIMS Updates, Review of Oversized Load Ratings and the certified Load Rating Reports and Calculations; and WHEREAS, the consultant has completed much of the work to inspect Iowa City's bridges; and WHEREAS, it has been determined that the Burlington Street Bridge is classified as a National Highway System (NHS) Bridge and requires a more detailed Element Level Inspection that will necessitate the use of a snooper truck; and WHEREAS, a more detailed inspection of the Iowa Avenue Bridge is also recommended by the Consultant, also using the snooper truck; and WHEREAS, the City and Calhoun -Burns & Associates, Inc. now desire to amend the May 18, 2021 Consultant Agreement to include Additional Services to complete Bridge Inspection — Biennial Inspection Services. NOW THEREFORE, it is mutually agreed to amend the original Consultant Agreement as follows: Section I, Scope of Services, is hereby amended by adding the following services: A. Bridge Inspection — Biennial Inspection 5. Perform Element Level inspection of the Burlington Avenue Bridge No. 17-031720 via snooper truck and augment the Routine inspection of the Iowa Avenue Bridge No. 19-501180 via snooper truck. II. Section II, Time of Completion, is hereby amended by changing: The Consultant shall complete Sections I.A.1 and I.A.2 Bridge Inspection — Biennial Inspection field inspections and update to SIIMS by August 31, 2021. III. Section III, Compensation for Services, is hereby amended by changing A.1 Inspect 52 Bridges per Attachment A fee from $14,200.00 to $19,700.00. The total cost of services, including reimbursable expenses, shall be amended from $54,700 to $60,200. IV. All other provisions of the May 21, 2021 Consultant Agreement not specifically amended herein shall remain in full force and effect. FOR THE CITY FOR THE CONSULTANT IBy: //'� By: 3��- 1 �- Geoff ruin Michael A. Vander Wert, P. E. Title: City Manager 7/zr-17t Title: President Date: '7�y�w�/ Approved by: G City Att ney's Office Date 7/ 22-/ 2.o -2--I Item Number: 7.o. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT July 27, 2021 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest Amendment No. 1 to the May 18, 2021 agreement by and between the City of Iowa City and Calhoun -Burns and Associates, Inc. to provide engineering consultant services for the Biennial Bridge Inspection and Master Plan 2021 Project. Prepared By: Melissa Clow, Special Projects Administrator Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $5,500 available in the Annual Bridge Maintenance and Repair Project account # S3910 Recommendations: Staff: Approval Commission: N/A Attachments: Amendment Resolution Executive Summary: The City entered into an Agreement with Calhoun -Burns and Associates to perform field inspections and prepare documentation for the Biennial Bridge Inspection and Master Plan 2021 Project. It has been determined that a more detailed Element Level Inspection is required for the Burlington Street and Iowa Avenue bridges, which requires the use of a snooper truck which was not included in the original agreement. Amendment No. 1 has been negotiated to include an increase of $5,500 to cover the costs of the additional inspections and equipment. The total amount of the Agreement will now be $60,200.00, which exceeds the City Manager's approval authority and requires City Council approval. Background /Analysis: The City is required by Federal law to make maintenance inspections of all bridges located within City limits. An Agreement was negotiated with Calhoun -Burns and Associates to provide consulting engineering services to inspect 52 City -owned vehicular bridges, prepare and submit the bridge inspection documents, complete Load Rating Analysis for 24 of those bridges, and review oversized load requests as necessary. The City Manager approved the original Consultant Agreement per the City's Purchasing Policy. ATTACHMENTS: Description Resolution Amendment to Agreement Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5413 Resolution No. 21-210 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest Amendment No. 1 to the May 18, 2021 agreement by and between the City of Iowa City and Calhoun -Burns and Associates, Inc. to provide engineering consultant services for the Biennial Bridge Inspection and Master Plan 2021 Project. Whereas, the City of Iowa City, hereinafter "City', entered into an Agreement with Calhoun -Burns and Associates, Inc., hereinafter "Consultant", on or about May 18, 2021, to perform field inspections and prepare required documentation for all vehicular bridges in accordance with the National Bridge Inspection Standards(NBIS) guidelines for the Biennial Bridge Inspection and Master Plan 2021 Project; and Whereas, the City Manager approved the original Consultant Agreement per the City's Purchasing Policy; and Whereas, the total amount now exceeds the City Manager's approval authority; and Whereas, it has been determined that the Burlington Street Bridge is classified as a National Highway System (NHS) Bridge and requires a more detailed Element Level Inspection that will necessitate the use of a snooper truck; and Whereas, a more detailed inspection of the Iowa Avenue Bridge is recommended by the Consultant, also using the snooper truck; and Whereas, the City and Consultant have negotiated Amendment No. 1 to the Agreement to provide said additional consulting services; and Whereas, it is in the public interest to enter into said Amendment No. 1 to the Agreement with Consultant; and. Whereas, funds for this project are available in the Annual Bridge Maintenance and Repair Project, account # S3910; Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Amendment No. 1 to the Agreement, attached hereto, is in the public interest and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Amendment #1. 3. The City Manager is authorized to execute future amendments to this contract as they may become necessary. Resolution No. 21-210 Page 2 Passed and approved this 27th day of July 2021 r -ea Ma Attest: City Clerk It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: Nays: Approved/by G City Atto ney's Office - 07/22/2021 salih the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner AMENDMENT NO. 1 TO THE MAY 18, 2021, CONSULTANT AGREEMENT CITY OF IOWA CITY BIENNIAL BRIDGE INSPECTION AND MASTER PLAN 2021 WHEREAS, a Consultant Agreement was entered into between the City of Iowa City, Iowa (City), and Calhoun -Burns & Associates, Inc., (Consultant) dated May 18, 2021, to assist in 2021 Bridge Inspections and SIIMS Updates, Review of Oversized Load Ratings and the certified Load Rating Reports and Calculations; and WHEREAS, the consultant has completed much of the work to inspect Iowa City's bridges ; and WHEREAS, it has been determined that the Burlington Street Bridge is classified as a National Highway System (NHS) Bridge and requires a more detailed Element Level Inspection that will necessitate the use of a snooper truck; and WHEREAS, a more detailed inspection of the Iowa Avenue Bridge is also recommended by the Consultant, also using the snooper truck; and WHEREAS, the City and Calhoun -Burns & Associates, Inc. now desire to amend the May 18, 2021 Consultant Agreement to include Additional Services to complete Bridge Inspection — Biennial Inspection Services. NOW THEREFORE, it is mutually agreed to amend the original Consultant Agreement as follows: I. Section 1, Scope of Services, is hereby amended by adding the following services: A. Bridge Inspection — Biennial Inspection 5. Perform Element Level inspection of the Burlington Avenue Bridge No. 17-031720 via snooper truck and augment the Routine inspection of the Iowa Avenue Bridge No. 19-501180 via snooper truck. Section II, Time of Completion, is hereby amended by changing: The Consultant shall complete Sections I.A.1 and I.A.2 Bridge Inspection — Biennial Inspection field inspections and update to SIIMS by August 31, 2021. III. Section III, Compensation for Services, is hereby amended by changing A.1 Inspect 52 Bridges per Attachment A fee from $14,200.00 to $19,700.00. The total cost of services, including reimbursable expenses, shall be amended from $54,700 to $60,200. IV. All other provisions of the May 21, 2021 Consultant Agreement not specifically amended herein shall remain in full force and effect. FOR THE CITY By: Geoff Fruin Title: City Manager Date: FOR THE CONSULTANT By: Michael A. Vander Wert, P. E. Title: President Date:7���/ Approved by: City Attorney's Office Date Item Number: 7.p. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT July 27, 2021 Resolution authorizing the City of Iowa City to apply for membership in the Iowa Municipalities Workers' Compensation Association (IMWCA). Prepared By: Melissa Miller, Revenue & Risk Manager Reviewed By: Dennis Bockenstedt, Finance Director Geoff Fruin, City Manager Fiscal Impact: $665,734 from Employee Benefits and Risk Management Funds Recommendations: Staff: Approval Commission: N/A Attachments: IMWCA Agreement Resolution Executive Summary: At the July 27, 2021 City Council meeting, consideration will be given to a resolution authorizing the City to apply for membership in the Iowa Municipalities Workers' Compensation Association (I MWCA), a Chapter 28E association. Funding for this insurance is in the Employee Benefits and Risk Management funds. Background /Analysis: In the Spring of 2021, the City's insurance broker sent out requests for proposals for workers' compensation insurance for the City of Iowa City. After reviewing proposals from the existing excess carrier and IMWCA, the City decided to select IMWCA as the City's workers' compensation carrier effective 6/26/21. This resolution, as required by IMWCA, authorizes the City to apply for membership in the Iowa Municipalities Workers Compensation Association, (I MWCA), a Chapter 28E association. The I MWCA was formed in 1981 according to Chapter 28E of the Code of Iowa. The initial effort to organize was coordinated by the Iowa League of Cities in response to numerous cities having their coverage canceled by standard insurance carriers. I MWCA began offering coverage to cities July 1, 1981. The program was restructured in 1987 to allow counties to join the association and in the 1990s, other 28E entities and political subdivisions were deemed eligible participants. Administrative services for the IMWCA continue to be provided by Iowa League of Cities staff members who understand the unique challenges faced by local governments. Today, the predominant number of cities, counties and other governmental organizations in Iowa choose I MW CA for coverage of more than 70,000 employees. ATTACHMENTS: Description I MWCA Agreement resolution IMWCA Iowa Municipalities Workers' Compensation Association COVERAGE MEMORANDUM And RESTATED 28E AGREEMENT Iowa Municipalities Workers' Compensation Association (IMWCA) Coverage Memorandum In return for timely payment of required premiums, and subject to all terms of this Workers' Compensation Coverage Memorandum (Memorandum), Iowa Municipalities Workers' Compensation Association (Association) agrees with the Participant as follows: General Section A. The Memorandum This Memorandum includes at its effective date the Information Page and all endorsements and schedules listed therein. This Memorandum sets forth the coverage that the Association agrees to provide to the Participant (the employer named in Item 1 of the Information Page) with respect to workers' compensation and employers' liability claims of the Participant incurred during the year set forth in Item 2 of the Information Page (Coverage Year). This Memorandum sets forth certain agreements and other understandings between the Participant and the Association. All agreements relating to this coverage are stated in this Memorandum. The Information Page will be revised annually each Coverage Year by the Association to reflect coverage, premiums, endorsements and other information applicable during such Coverage Year. The Association will provide the Participant with a copy of a revised Information Page prior to the beginning of each corresponding Coverage Year. B. Who Is Covered The Participant is covered if the Participant is an employer named in Item 1 of the Information Page. C. Workers' Compensation Law Workers' Compensation Law is the workers' compensation law and occupational disease law of each state or territory named in Item 3A of the Information Page. It includes any amendments to that law which are in effect during this Coverage Year. It does not include the provisions of any law that provides non -occupational disability benefits. D. State State refers to any state of the United States of America and the District of Columbia. E. Locations This Memorandum covers all of the Participant's workplaces listed in Item 1 of the Information Page and all other workplaces in states listed in Item 3A. Part One - Workers' Compensation Coverage A. How This Coverage Applies This workers' compensation coverage applies to bodily injury by accident or bodily injury by disease. Bodily injury includes injury resulting in death. 1. Bodily injury by accident must occur during the Coverage Year. 2. Bodily injury by disease must be caused or aggravated by the conditions of the Participant's employment. The employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the Coverage Year. B. The Association Will Pay The Association will pay promptly, when due, the benefits required of the Participant by the workers' compensation law. C. The Association Will Defend The Association has the right and duty to defend at its expense any claim, proceeding, or suit against the Participant for benefits payable by this coverage. The Association has the right to investigate and settle these claims, proceedings, or suits. The Association has no duty to defend a claim, proceeding, or suit that is not defined by this coverage. D. The Association Will Also Pay The Association will also pay the following costs in addition to other amounts payable under this coverage as part of any claim, proceeding, or suit the Association defends. 1. Reasonable expenses incurred at the Association's request, but not loss of earnings. 2. Premiums for bonds to release attachments and for appeal bonds in amounts up to the amount payable under this coverage. 3. Litigation costs taxed against the Participant. 4. Interest on a judgment as required by law until the Association offers the amount due under this coverage. 5. Expenses the Association incurs. E. Other Coverage The Association will not pay more than its share of benefits and costs defined by this coverage and other insurance or self-insurance. Subject to any limits of liability that may apply, all shares will be equal until the loss is paid. If the coverage or any insurance or self-insurance is exhausted, the shares of all remaining coverage will be equal until the loss is paid. -3- F. Payments the Participant Must Make The Participant is responsible for any payments in excess of the scheduled benefits provided by the workers' compensation law, including payments required in the event: 1. of the Participant's serious and willful misconduct; 2. the Participant knowingly hires an employee in violation of law; 3. the Participant fails to comply with a health or safety law or regulation; or 4. the Participant discharges, coerces, or otherwise discriminates against any employee in violation of the workers' compensation law. If the Association makes any payment in excess of the regularly scheduled benefits provided by the workers' compensation law on the Participant's behalf, the Participant will reimburse the Association within 30 days of payment. G. Recovery From Others The Association owns the Participant's rights and the rights of persons entitled to the benefits of this Coverage to recover the Association's payments from anyone liable for the injury. The Participant will do everything necessary to protect those rights for the Association and to help the Association enforce them. H. Statutory Provisions These statements apply in states where they are required by law: 1. The Association requires notice of the injury when the Participant receives notice. 2. The Participant's default, bankruptcy, or insolvency of the Participant will not relieve the Association of its duties under this coverage after an injury occurs. 3. The Association is directly and primarily liable to any person entitled to benefits payable by this coverage. Said persons may enforce the Association's duties as may an agency authorized by law. Enforcement may be against the Association or against the Participant and the Association. 4. Jurisdiction over the Participant is jurisdiction over the Association for purposes of the Workers' Compensation Law. The Association is bound by decisions against the Participant under the law, subject to the provisions of this Memorandum that are not in conflict with that law. 5. This coverage conforms to the parts of the Workers' Compensation Law that apply to: a. benefits payable by this coverage; and b. special taxes, payments into security or other special funds, and assessments payable by the Association under the law. 6. Terms of this coverage that conflict with the Workers' Compensation Law are hereby changed by this statement to conform to that law. Nothing in these paragraphs relieves the Participant of its duties under this Memorandum. Part Two - Employers' Liability Coverage A. How This Coverage Applies This Employers' Liability Coverage applies to bodily injury by accident or bodily injury by disease. Bodily injury includes injury resulting in death. 1. The bodily injury must arise out of and in the course of the injured employee's employment by the Participant. 2. The employment must be necessary or incidental to the Participant's work in a state or territory listed in Item 3A of the Information Page. 3. Bodily injury by accident must occur during this Coverage Year. 4. Bodily injury by disease must be caused or aggravated by the conditions of the Participant's employment. The employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during this Coverage Year. 5. If the Participant is sued, the original suit and any related legal actions for damages for bodily injury by accident or by disease must be brought in the United States of America, its territories or possessions, or Canada. B. The Association Will Pav The Association will pay all sums the Participant legally must pay as damages in the event of bodily injury to its employees, provided the bodily injury is covered by this Employers' Liability Coverage. The damages the Association will pay, where recovery is permitted by law, include damages: 1. for which the Participant is liable to a third party by reason of a claim or suit against the Participant by that third party to recover the damages claimed against such third party as a result of injury to the Participant's employee; 2. for care and loss of services; 3. for consequential bodily injury to a spouse, child, parent, brother or sister of the injured employee; provided that these damages are the direct consequence of bodily injury that arises out of and in the course of the injured employee's employment by the Participant; and 4. because of bodily injury to the Participant's employee that arises out of and in the course of employment, claimed against the Participant in a capacity other than as employer. C. Exclusions This coverage excludes: 1. liability assumed under a contract. This exclusion does not apply to a warranty that the Participant's work will be done in a worker -like manner; 2. punitive or exemplary damages because of bodily injury to an employee employed in violation of law; -5- 3. bodily injury to an employee while employed in violation of law with the Participant's actual knowledge or the actual knowledge of any of the Participant's executive officers; 4. any obligation imposed by a workers' compensation, occupational disease, unemployment compensation or disability benefits law, or any similar law; 5. bodily injury intentionally caused or aggravated by the Participant; 6. bodily injury occurring outside the United States of America, its territories or possessions, or Canada. This exclusion does not apply to bodily injury to a citizen or resident of the United States of America or Canada who is temporarily outside these countries; 7. damages arising out of the discharge of, coercion of, or discrimination against any employee in violation of law. D. Association Will Defend The Association has the right and duty to defend, at its expense, any claim, proceeding, or suit against the Participant for damages payable by this coverage. The Association has the right to investigate and settle these claims, proceedings, and suits. The Association has no duty to defend a claim, proceeding, or suit that is not defined by this coverage. The Association has no duty to defend or continue defending after the Association has paid its applicable limit of liability under this coverage. E. The Association Will Also Pay The Association will also pay the following costs in addition to other amounts payable under this coverage as part of any claim, proceeding, or suit the Association defends. 1. Reasonable expenses incurred at the Association's request, but not loss of earnings. 2. Premiums for bonds to release attachments and for appeal bonds in amounts up to the limit of the Association's liability under this coverage. 3. Litigation costs taxed against the Participant. 4. Interest on a judgment as required by law until the Association offers the amount due under this coverage. 5. Expenses the Association incurs. F. Other Coverage The Association will not pay more than its share of damages and costs defined by this coverage and other insurance or self-insurance. Subject to any limits of liability that apply, all shares will be equal until the loss is paid. If the coverage or any insurance or self-insurance is exhausted, the shares of all remaining coverage, insurance, and self-insurance will be equal until the loss is paid. well G. Limits of Liability The Association's liability to pay for damages is limited. The Association's limits of liability are shown in Item 3B of the Information Page. They apply as explained below. 1. Bodily InjM by Accident. The limit shown for bodily injury by accident -each accident is the maximum the Association will pay for all damages included by this coverage because of bodily injury to one or more employees in any one accident. Bodily injury by accident does not include disease unless it results directly from bodily injury by accident. 2. Bodily InjM by Disease. The limit shown for bodily injury by disease -memorandum limit is the maximum the Association will pay for all damages defined by this coverage and arising out of bodily injury by disease, regardless of the number of employees who sustain bodily injury by disease. The limit shown for bodily injury by disease -each employee is the maximum the Association will pay for all damages because of bodily injury by disease to any one employee. Bodily injury by disease does not include disease that results directly from bodily injury by accident. 3. The Association will not pay any claims for damages after the Association has paid the applicable limit of the Association's liability under this coverage. H. Recovery From Others The Association owns the Participant's rights to recover the Association's payment from anyone liable for an injury defined by this coverage. The Participant will do everything necessary to protect those rights for the Association and to help the Association enforce them. I. Actions Against the Association There will be no right of action against the Association under this coverage unless: 1. the Participant has complied with all the terms of this Memorandum; and 2. the amount the Participant owes has been determined with the Association's consent, or by actual trial and final judgment. This coverage does not give anyone the right to add the Association as a defendant in an action against the Participant to determine the Participant's liability. -7- Part Three - Other States' Coverage A. How This Coverage Applies This Other States' Coverage applies only if one or more states are shown in Item 3C of the Information Page. 2. If the Participant begins work in any one of those states and is not insured or is not self-insured for such work, this Memorandum will apply as though that state were listed in Item 3A of the Information Page. 3. The Association will reimburse the Participant for the benefits required by the workers' compensation law of that state if the Association is not permitted to pay the benefits directly to persons entitled to them. B. Notice Advise the Association at once if the participant begins work in any state listed in Item 3C of the Information Page. Part Four - Participant's Duties if Injury Occurs Advise the Association at once if an injury occurs that may be covered by this Memorandum. Other duties of the Participant are listed below. 1. Provide for immediate medical and other services required by the workers' compensation law. 2. Provide the Association or its agent with the names and addresses of the injured persons and witnesses and other information the Association may need. 3. Provide the Association within ten days all notices, demands, and legal papers related to the injury, claim, proceeding, or suit. 4. Cooperate and assist the Association as it may request in the investigation, settlement, or defense of any claim, proceeding, or suit. 5. Do not interfere with the Association's right to recover from others. 6. Do not voluntarily make payments, assume obligations, or incur expenses, except at the Participant's own cost. Kim Part Five - Payment of Claims and Expenses The Participant specifically agrees that it acknowledges and understands that this Association exists for the purpose of allowing all Participants to comply jointly with the requirements of Chapter 87, Code of Iowa, requiring employers to cover workers' compensation claims of employees. The Participant specifically acknowledges and understands that all Participants who have pooled the risks of their workers' compensation liability will be responsible for their pro -rata shares of any claims or expenses which the Association is required to pay to the extent the claims and expenses exceed the Association's resources which are available to pay such claims. The provisions of the restated agreement of the Association together with its bylaws and rules shall be applicable in determining the respective obligations of the Association and the Participants for paying claims and expenses. Part Six - Amount of Premium A. The Association's Manuals All premiums for the coverage under this Memorandum will be based on the Association's manuals derived from the National Council on Compensation Insurance (NCCI) rules, rates, rating plans, and classifications. The Association may revise its manuals periodically to reflect NCCI changes affecting this Memorandum. B. Classifications The Participant's estimated premium schedule referred to in Item 5 of the Information Page shows the rate and premium basis for certain business or work classifications. Classifications were assigned based on an estimate of the exposures the Participant would incur during the Coverage Year. If the Participant's actual exposures are not properly described by those classifications, the Association will assign proper classifications, rates, and premium bases at the time of audit. C. Remuneration Remuneration is the most common premium basis. Premium on each work classification is determined by multiplying a rate times a premium basis. This premium basis includes payroll and all other remuneration paid or payable during the Coverage Year for the services of - 1. f 1. all the Participant's officers, employees, designated volunteers as shown by endorsement, and others engaged in work covered by this Memorandum; and 2. all other persons engaged in work that could make the Association liable under Part One (Workers' Compensation Coverage) of this Memorandum. If the Participant does not have payroll records for these persons, the contract price for their services and materials may be used as the premium basis. This paragraph, Part 6, C2, will not apply if the Participant gives the Association proof that the employers of these persons lawfully secured their workers' compensation obligations. -10- D. Premium Payments The Participant will pay all premiums when due. The Participant will pay the premium even if part or all of a workers' compensation law is not valid. E. Audit The Participant will allow the Association to examine and audit all the Participant's records related to this Memorandum. These records include ledgers, journals, registers, vouchers, contracts, tax reports, payroll and disbursement records, and programs for storing and retrieving data. The Association may conduct the audits during regular business hours during this Coverage Year and within three years after this Coverage Year ends. Information developed by audit will be used to determine final premium. Insurance rate service organizations have the same rights as the Association under this provision. F. Final Premium The premium shown on the Information Page, schedules, and endorsements is an estimate. The final premium will be determined after completion of the annual audit. If the final premium is greater than the estimated annual premium the Participant paid to the Association, the Participant must pay the Association the balance within 30 days of receipt of the notice from the Association of such additional premium. If the final premium is less than the estimated annual premium, the Association will refund the balance to the Participant within 30 days after the final premium is computed. The final premium will not be less than the highest minimum premium for the classifications covered by this Memorandum. G. Records The Participant will retain records of information needed to compute annual premium. The Participant will provide the Association with copies of those records when requested. - 11 - Part Seven - Conditions A. Inspection The Association has the right, but is not obliged, to inspect the Participant's workplaces at any time. The Association's inspections are not safety inspections. They relate only to the insurability of the workplaces and the premiums to be charged. The Association may give the Participant reports on the conditions the Association finds. The Association may also recommend changes. While suggested changes may help reduce losses, the Association does not undertake to perform the duty of any person to provide for the health or safety of the Participant's employees or the public. The Association does not warrant the Participant's workplaces are safe or healthful or that they comply with laws, regulations, codes, or standards. Insurance rate service organizations have the same rights as the Association under this provision. B. Transfer of the Participant's Rights and Duties The Participant's rights or duties under this Memorandum may not be transferred without the Association's written consent. C. Cancellation The Participant may cancel this Memorandum at the end of any Coverage Year by giving at least 60 days written notice to the Association prior to the end of the Coverage Year. In addition, if the Participant cancels this Memorandum before the end of its term as set forth in Item 2 of the Information Page, the Participant shall pay a premium in accordance with the National Council on Compensation Insurance (NCCI) Rules and Regulations (Rule X, Section D Premium Determination - Cancellation by the Insured). 2. The Association may cancel this Memorandum at any time if the Participant fails to make timely payment of premiums required by the Association or fails to comply with the rules or regulations of the Association. The Association must mail or deliver to the Participant 30 days written notice stating when the effective date of cancellation. Mailing this notice to the Participant at the mailing address set forth in Item 1 of the Information Page is sufficient to prove notice. 3. The coverage will end on the day and hour stated in the cancellation notice. 4. In no event shall cancellation of the Memorandum release or relieve the Participant from its obligation set forth in Part 5 of this Memorandum nor shall it release the Participant from paying any premium due and owing to the Association. D. Sole Representative The Participant first named in Item 1 of the Information Page will act on behalf of all insureds to change this Memorandum, receive return premium, and give or receive notice of cancellation. -12- VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE ENDORSEMENT This endorsement adds Voluntary Compensation Coverage to this Memorandum. A. How This Coverage Applies This coverage applies to bodily injury by accident or bodily injury by disease. Bodily injury includes injury resulting in death. 1. The bodily injury must be sustained by an employee included in the group of employees described in the Schedule. 2. The bodily injury must occur in the course of employment necessary or incidental to work in a state listed in the Schedule. 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen temporarily away from those places. 4. Bodily injury by accident must occur during this Memorandum Period. 5. Bodily injury by disease must be caused or aggravated by the conditions of the Participant's employment. The employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during this Memorandum Period. B. The Association Will Pay The Association will pay an amount equal to the benefits that would be required of the Participant if the Participant and its employees described in the Schedule were subject to the workers' compensation law shown in the Schedule. The Association will pay those amounts to the persons who would be entitled to them under the law. C. Exclusions This coverage excludes: 1. any obligation imposed by a workers' compensation or occupational disease law or any similar law; and 2. bodily injury intentionally caused or aggravated by the Participant. D. Before the Association Pays Before the Association pays benefits to the persons entitled to them, they must: 1. release the Participant and the Association, in writing, of all responsibility for the injury or death; 2. transfer to the Association their right to recover from others who may be responsible for the injury or death; and 3. cooperate with the Association and do everything necessary to enable the Association to enforce the right to recover from others. -13- If the persons entitled to the benefits of this coverage fail to perform the above requirements, the Association's duty to pay ends at once. If said persons claim damages from the Participant or from the Association for the injury or death, the Association's duty to pay ends at once. E. Recovery From Others If the Association makes a recovery from others, the Association will keep an amount equal to its expenses of recovery and the benefits the Association paid. The Association will pay the balance to the entitled persons. If the persons entitled to the benefits of this coverage make a recovery from others, they must reimburse the Association for the benefits the Association paid them. F. Employers' Liability Coverage Part Two (Employers' Liability Coverage) applies to bodily injury covered by this endorsement as though the state of employment shown in the Schedule were shown in Item 3 of the Information Page. Notes: 1. Use this endorsement to provide voluntary compensation coverage pursuant to the applicable rules found in the National Council on Compensation Insurance (NCCI) Basic Manual for Workers' Compensation and Employers' Liability Insurance. 2. Use Voluntary Compensation Maritime Endorsement to provide Voluntary Compensation Coverage under the applicable program and rule found in the NCCI Manual. 3. Work in a monopolistic fund state should not be included in the Schedule unless employers' liability coverage is provided in that state by the Employers' Liability Coverage Endorsement. 4. Various uses of this endorsement are illustrated below. Schedule Designated Workers' Employees State of Employment Compensation Law All officers and Any state shown in The state where the employees not Item 3A of the injury takes place subject to the Information Page Workers' Compensation Law All domestics, Utah Utah farm, and agricultural workers All partners of Kansas Kansas the insured partnership -14- Longshoremen's and Harbor Workers' Compensation Act Coverage Endorsement This endorsement applies only to work subject to the Longshoremen's and Harbor Workers' Compensation Act in a state listed on the Schedule. This Memorandum applies to that work exactly as if that state were listed in Item 3A of the Information Page. The definition of workers' compensation law includes the Longshoremen's and Harbor Workers' Compensation Act (33 USC Sections 901-950) and any amendment to that Act that is in effect during this Memorandum Period. This endorsement does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act or the Nonappropriated Fund Instrumentalities Act. Schedule Longshoremen's and Harbor Workers' Compensation Act State Coverage Percentage IA If any The rates for classifications with code numbers not followed by the letter "F" are rates for work not ordinarily subject to the Longshoremen's and Harbor Workers' Compensation Act. If this Memorandum covers work under such classifications, and if the work is subject to the Longshoremen's and Harbor Workers' Compensation Act, those non -F classification rates will be increased by the Longshoremen's and Harbor Workers' Compensation Act Coverage Percentage shown in the Schedule. Notes: The Longshoremen's and Harbor Workers' Compensation Act is a federal workers' compensation law that applies to workers in maritime employment, including longshoremen, harbor workers, shipbuilders, shipbreakers, and ship repairers. It does not apply to masters or crews of vessels or persons unloading vessels under 18 tons net. See the applicable rule found in the National Council on Compensation Insurance (NCCI) Basic Manual for Workers' Compensation and Employers' Liability for additional details. 2. Use this endorsement to provide workers' compensation coverage and employers' liability coverage for work subject to the Longshoremen's and Harbor Workers' Compensation Act in any state, including a monopolistic state -fund state. 3. Coverage is provided in a state by naming the state in the Schedule. 4. The following entry may be typed or printed in the Schedule to provide coverage in Item 3A states: "Each state named in item 3A of the Information Page. " 5. The following entry may be typed or printed in the Schedule to provide coverage in Item 3A and 3C states: "Each state named in item 3A and 3C of the Information Page. " -15- Restated Agreement of the Iowa Municipalities Workers' Compensation Association Iowa Municipalities Workers' Compensation Association, an association organized and existing under the provisions of Iowa Code Chapter 28E and all amendments thereto, with all the rights, powers and privileges vested in and conferred upon such an association under the laws of the State of Iowa, hereby adopts, executes and acknowledges the following Restated Agreement of Iowa Municipalities Workers' Compensation Association. ARTICLE I. Name—Place of Business Section 1. The name of this association is Iowa Municipalities Workers' Compensation Association. Section 2. The principal place of business of this association is located in Des Moines, Polk County, Iowa, and the principal address of the association is: 317 Sixth Avenue, Suite 800, Des Moines, Iowa 50309-4122. ARTICLE II. Purposes—Powers—Members Section 1. The purpose of this association is to allow Iowa municipalities to comply jointly with the provisions of Iowa Code Chapter 87 by pooling the risks of their workers' compensation and related employer liability. Section 2. In order to carry out these purposes, the association shall exercise and enjoy all of the powers, privileges and authority exercised or capable of exercise by a municipality of this state, in meeting its obligations under Iowa Code Chapter 87 including, but not limited to, the power to issue bonds, notes or other obligations on behalf of participating municipalities or to otherwise assist in the issuance by such municipalities of such obligations; to make funds available to provide programs of risk sharing, insurance and risk management services in connection with workers' compensation claims and to assist municipalities in establishing financial reserves for such purposes; provided, however, that nothing herein shall prevent any of the parties hereto from separately exercising any such powers, privileges or authority. This association shall have no power to levy taxes. Section 3. Membership in this association shall be limited to Iowa municipalities, which term for purposes of this Agreement includes all cities and counties of the state of Iowa and any other political subdivision which may be authorized by the provisions of Iowa Code Section 87.4 to join an association comprised of cities or counties, or both, which have entered into an agreement under Chapter 28E to establish a self-insurance program for the payment of workers' compensation benefits. Any municipality may apply for membership in the association. The association, in its full discretion, shall accept or reject each application. ARTICLE III. Effective Date—Termination--Disposal of Assets Section 1. The effective date of this Restated Agreement shall be the date this Restated Agreement is filed with the Secretary of State of Iowa and recorded with the county recorder in Polk County and with the county recorder of each county in which a member is located. Section 2. This Agreement becomes effective as to any other municipality on the date the application of the municipality to become a member is approved by the association and a copy of such approved application and of the resolution of the governing body of the municipality authorizing such application is filed with the secretary of state and is recorded with the county recorder in the county in which the municipality is located; a copy of this Agreement shall also be recorded in said county if said Agreement has not previously been recorded. Section 3. This Agreement shall continue in effect until terminated by the Board of Trustees. This Agreement may not be terminated and the association may not dissolve or liquidate unless all debts and obligations of the association have been paid in full, or provision for such payment in full has been made, in accordance with the appropriate debt instruments, and unless all contracts and agreements entered into by the association have been complied with or performed. Section 4. Upon termination of this Agreement, any assets of the association not required to be maintained in a reserve for the payment of claims, debts or obligations, and any assets remaining after all claims, debts and obligations have been settled and disposed of, shall be returned to the participating municipalities pursuant to the rules of the association. Section 5. Any municipality may withdraw from this association in accordance with the rules of the association. No municipality may withdraw unless all of its debts and obligations to the association have been paid in full, or provision for such payment in full has been made, and unless it has complied with and performed all contracts and agreements with the association. Section 6. The membership of a municipality may be cancelled by the association in accordance with its Bylaws and rules. ARTICLE IV. Board of Trustees Section 1. The business and affairs of this association shall be managed and conducted by a Board of Trustees consisting of such number as may be designated in the Bylaws of the association. The members of the Board of Trustees shall be elected by the participating municipalities, pursuant to procedures designated in the Bylaws of the association. Section 2. A Trustee shall receive no compensation for serving as a Trustee of the association. Section 3. A Trustee and any officer of the association, as a condition of accepting said office, shall be reimbursed by the association for expenses actually and necessarily incurred in serving as a Trustee. A Trustee shall not be personally liable for a claim based upon an act or omission of the Trustee performed in the discharge of the Trustee's duties, except for acts or omissions which involve intentional misconduct or knowing violation of the law or for a transaction from which the Trustee derived an improper personal benefit. A Trustee shall be indemnified against expenses actually and necessarily incurred in connection with the defense of any action, suit or proceeding in which the Trustee is made a party by reason of having been or being a Trustee or officer of the association, unless such action, suit or proceeding involves one of the exceptions noted above. ARTICLE V. Execution of Documents Section 1. Deeds, mortgages, contracts, conveyances and other instruments creating, conveying, granting or releasing any interest in real estate and all other instruments or contracts having or requiring the acknowledgement of this association shall be sufficiently executed if signed by two of its officers as defined in the Bylaws. Section 2. The Bylaws of the association or a special resolution of the Board of Trustees may provide for other methods of execution of any instruments referred to in this Article V. Section 3. This association shall not have a seal. ARTICLE VI. Meeting--Officers—Bylaws Section 1. This association shall have an annual meeting and may have such other and special meetings at such times and places, and with such notice as is provided in the Bylaws. Section 2. This association may have such officers and assistant officers as may be deemed necessary by the Board of Trustees and the number, manner of selection or election, term of office and other related matters shall be provided in the Bylaws. Section 3. The association may adopt Bylaws and rules for the regulation and management of the affairs of this association not inconsistent with these Articles or the laws of the State of Iowa. ARTICLE VII. Financing—Administration Section 1. The association may finance this joint undertaking through: a) the issuance on behalf of the municipalities of bonds, notes or other obligations, b) payments from its members, c) the money earned from the lawful investment of the proceeds of such bonds, notes, obligations or contributions, and d) all other monies which shall be received by the association in connection with the administration of its operations. Section 2. The board shall approve a budget for the coming year based on anticipated receipts from all sources and anticipated expenses including reserves required to be maintained during the coming year. Section 3. The association may use its funds to pay all lawful expenses of the association, and shall make all payments which it considers reasonable in carrying out its purposes, including but not limited to: the payment of any bonds, notes or other obligation of the association, and interest and premium, if any; direct payments of workers' compensation claims; the payment of premiums for insurance and reinsurance policies; the establishment of such reasonable reserves as it may be required to maintain; and the expenses incurred in carrying out its purposes. Section 4. In accordance with its rules, the association shall be obligated to return to the participating municipalities the excess of premium contributions and other income over costs, expenses, losses, and such reasonable reserves as may be required to be maintained by applicable law, or by the Board of Trustees. Section 5. The association shall establish rules for the payment of workers' compensation benefits and related employer liability claims against any participating municipality. Each participating municipality agrees to comply with these rules, and further agrees that the association, its administrator, and service agent will have full authority to handle, investigate and dispose of all claims for workers' compensation and related employer liability made against the municipality. Section 6. The association shall appoint an administrator. The administrator shall have power and authority to implement the policy of the association and to supervise its activities and funds, pursuant to applicable state and federal laws, rules, regulations and contractual arrangements. The administrator shall be entitled to such fees for its services as may be agreed to by the association and the administrator. Section 7. The association may appoint a service agent to advise the administrator in all manners relating to the supervision of its activities and funds, including but not limited to determining the amount of annual premium contributions required to be made by the participating municipalities; handling, investigating and disposing of claims against the participating municipalities; advising the administrator on the proper establishment and maintenance of necessary reserves; recommending the proper amount of reinsurance; providing reports and accounting necessary to be filed with an applicable agency; and presenting programs to the members relating to the elimination of safety hazards. The service agent shall be entitled to such fees for its services as may be agreed to by the association and the service agent. Section 8. The association shall obtain excess insurance coverage or provide proof that adequate funds are available to cover losses, in accordance with applicable laws, rules and regulations. Section 9. Each participating municipality agrees that, to the extent permitted by Iowa law and unless otherwise provided for in the rules or by contract with the association, it will be responsible for its pro -rata share of any workers' compensation or related employer liability claims which exceed the association's resources available to pay such claims. Section 10. In the event the association pays any claims against a municipality, the association shall be subrogated to the extent of such payment to all the rights of the municipality against any person or other entity legally responsible for such loss, and the municipality agrees to render all reasonable assistance to effect recovery. Section 11. The liability of the association to the employees of any participating municipality shall be specifically limited to such obligations as are imposed by law against any municipality for workers' compensation and related employer liability. ARTICLE VIII. Appropriate Action Section 1. This Restated Agreement correctly sets forth the provisions of the Agreement of the association as heretofore and hereby amended; has been duly adopted by the association; and supersedes the original Agreement and all amendments thereto. ARTICLE IX Amendment Section 1. This Restated Agreement may be altered, amended or repealed and a new Agreement may be adopted by the Board of Trustees provided that before any change becomes effective, it must first be filed in the manner provided for filing this Restated Agreement. IF Prepared by: Melissa Miller, Revenue & Risk Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5065 Resolution No. 21-211 Resolution authorizing the City of Iowa City to apply for membership in the Iowa Municipalities Workers' Compensation Association (IMWCA) Whereas, the Iowa Municipalities Workers' Compensation Association, a Chapter 28E association, has been established as a group self-insurance program, for the purpose of providing coverage for workers' compensation and related employer liability to Iowa cities, counties, and 28E entities; and Whereas, the City of Iowa City desires to become a member of the Association, a self-insured group, in order to obtain coverage for workers' compensation, related employers' liability, and Chapter 411 medical only coverage. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to execute the documents necessary for the City of Iowa City to apply for membership in the Iowa Municipalities Workers' Compensation Association. Passed and approved this 27th day of July , 2021. 0,1,04 Approved b Attest: =-P Cit Clerk City Attdmeys Office (Sue Dulek — 07/20/2021) It was moved by Taylor and seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Bergus X Mims X Salih X Taylor X Teague X Thomas X Weiner Item Number: 7.q. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT July 27, 2021 Resolution accepting the dedication of right-of-way adjacent to McComas Homestead, Johnson County, Iowa. Prepared By: Sara Hektoen, Assistant City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No Impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Plat Executive Summary: The City has acquired a portion of right-of-way adjacent to this property for its American Legion Road public improvement project. A portion of the American Legion Road right-of-way is currently held by the County in easement. This dedication is being made to clean up title to the right-of-way. Background /Analysis: ATTACHMENTS: Description Resolution Accepting ROW Dedication Right of Way Acquisition Plat - Johnson County, Iowa Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 21-212 Resolution accepting the dedication of right-of-way adjacent to McComas Homestead, Johnson County, Iowa. Whereas, owners Robert F. McComas and Anna D. McComas have applied to Johnson County for approval of the McComas Homestead final plat, a resubdivision of Lot 1, Lacina Farmstead, located south of American Legion Road and east of Arlington Drive; and Whereas, the City has acquired a portion of right-of-way adjacent to this property for its American Legion Road public improvement project; and Whereas, a portion of the American Legion Road right-of-way is currently held by the County in easement; and Whereas, this dedication is being made to clean up title to the right-of-way; and Whereas, Staff has reviewed this right-of-way dedication and finds it acceptable. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The dedication of the property described in the attached plat as public right-of-way, in the form of a warranty deed approved by the City Attorney's Office, is hereby accepted, approved and authorized. 2. Upon direction of the City Attorney, the City Clerk shall record any and all documentation necessary to effectuate this transfer in the Johnson County Recorder's office at Owner's expense. Passed and approved this 27th day of July , 2021. MAYOR 0 Approved by ATTEST: � � ' � � CITY CLERK City AttorrXys Office - 07122/2021 Resolution No. 21-212 Page 2 It was moved by Taylor and seconded by Resolution be adopted, and upon roll call there were: Ayes: x x x x x x Nays: Absent: Salih Bergus Mims Salih Taylor Teague Thomas Weiner the FCR COUNTY RECORDER'S USE W 1J: Locnrlom aE¢uesE A PORTION OF I, CUP FARWOEAF LYING r' R05EnLr MCCO'vIN'PORTION OR 4725 AMGION ROPD 6ESouiHE OF INENORI HWEST¢UARTER OF 111E ORN.G1PONORTHRANGE CMITIES OF RECTION ie, I OWNS"' r9 PROPRIMERIDIANOHNSON S WEST, OF I HE FIFTH AMID , COUNTY, IOOR ROBERCMCC IRIN4]25 II�IIl!tt�ID�ak_ t I)lf d1II IIVUPT man AMCION'CAP 9EIANDBURV1 IOWA GRnArPS,"He OR NOWOTNY PLS DOCUMRNINFORhEPON. ATTORNEY UM9(:ONSULTAN IS INC, .1 SOUTH OIOCR1 STREET IFA. ' �muee ��. 0 O Co', IOWA, 52240 PHONE'. 3+,3514]82 SUOUNTU'ER'6 ATTORNEY, PATE OF 9lIRVEY JOSEPH C, INOUE 22➢N MAIN STREET.9UfiE690 DAVENPORT,IOWA 82901 �99L2i RIGHT- OF -WAY ACQUISITION PLAT JOHNSON COUNTY, IOWA LEGEND AND NOTES - PROPERtt Y/m BOUNDARY LINES - CONGRESSIONAL SECTON LINES -WAY LINES - CENTER LINES LOT CARE, PLOTTED OR BY DEED ---------- EASEMENT LINES, MDTN & PURPOSE NOTED EXISTING EASEMENT. LINES, PURPOSE NOTED (E) - RECORDED DIMENSIONS (N( - MEASURED DIMENSIONS UNLESS NOTED D,ERWM ALL DMNSICRS ARE IN Per AND HUNDREDHS N TABLEtItLEONLEYELIAW 1 LkFOUNDNUMENTATIG PLASTIC_^APIYELLOW O PGJOI�`IDJJ�JO PIF.STIC LS CAPTM'9 p II�IIl!tt�ID�ak_ t I)lf d1II IIVUPT man '1 �. N ML011 AIY-E NF'1 T'£ RAT 1- .10 oto as So in `i aJ R$� w w`T ate' AT F eT cr ca mTv rre erg' en CYE Ii:- GRAPHIC SCALE IN FEET I ® IFA. ' �muee ��. i � t ND211 44 w �36 to RIGHT- OF -WAY ACQUISITION PLAT JOHNSON COUNTY, IOWA LEGEND AND NOTES - PROPERtt Y/m BOUNDARY LINES - CONGRESSIONAL SECTON LINES -WAY LINES - CENTER LINES LOT CARE, PLOTTED OR BY DEED ---------- EASEMENT LINES, MDTN & PURPOSE NOTED EXISTING EASEMENT. LINES, PURPOSE NOTED (E) - RECORDED DIMENSIONS (N( - MEASURED DIMENSIONS UNLESS NOTED D,ERWM ALL DMNSICRS ARE IN Per AND HUNDREDHS N TABLEtItLEONLEYELIAW LkFOUNDNUMENTATIG PLASTIC_^APIYELLOW PIF.STIC LS CAPTM'9 UU1LL11i1 U.. Q � r Point of Bi ping EASEMENT IDENTIflCATIUN TABLE LABEL DESCRIPTION G SYTI 1R`1ITOFWAYACDUION 9 DCOO11RAT PARE 491 I EXISTING PLRMANENTD1W.1, EASEMENT SUCCESS AT PAGE 421 Q9 EgSTING TEMPONARYCDNSTRFICTION EASE MENi a00K 01a0 AT PA0E428 DESCRIPTION A PORTION OF LOT 1 OF LACINA FARMSTEAD LYING WITHIN A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18. TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Northeast Comer of Lacina Farmstead, in accordance with the Plat thereof Recorded in Plat Book 33 at Page 146 of the Records of the Johnson County Recorders Office; Thence S00"4629"E. along the East Line of said Lacina Farmstead, 35.77 feet, to the Northeast Corner of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 6015 at Pages 291-292 of the Records of the Johnson County Recorder's Office; Thence N68°03'12"W, along the North Line of said Conveyed Parcel, 668,66 feet, to a Point on the West Line of said Lacina Farmstead; Thence NO2'11'44"W, along said West Line, 36.16 feet, to the Northwest Corner of said Lacina Farmstead; Thence S68TTE12"E, along the North Line of said Lacina Farmstead, 669.64 feet, to the Point of Beginning. Said Right -of -Way Acquisition contains 22,082 square feet, and is subject to easements and restrictions of record. I hereby certify that the land surveyldg dowmant was prepared and the relokeC aurvey Wolk was Performed Uy me or under y direct am personal A44ev"I'm gad that I am a duly Ilaeneed Poor. Wood[ Land PRL surveyor UlUnderkM1e h i of the $tate of Iowa. .. LZ _R-90 2041 RICHARD R, NONUT�` RICHARD I. so- pLs. Iowa Ti No. 17916 NONOTNT '9a PENN My license renewal data IN Oarzmdar 31, 20—f SEAL P geS or RMAW Halimed by Ho seat I M M CIVILENGINEERS LAND PLANNERS LAND SURVEPORS LANDSCAPE ARCHFECTS ENVIRONMENTAL SPECIALISTS 1817 5. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 WVJW,(I1n15COrISultanf5.Pat Date Fevblon 07-08-2021 PER RRN RENEW -ROW ACQUISITION PLAT RIGHT-OF-WAY A PORTION OF.ACYNA FRUMA EPC LYIUC AUHIN A PONT ION OF THE NP -RAWEST CHEF ER OF HE SOUTHEAST QUARTER or SO, ITS 10 ION IR79NORT. RANGES WEST OF IHE HYTI PRINCIPAL MhMam JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Dote` 07-07-2021 PeeRead Gy: Field Eaok Ib: GLL 1307 CIPPRE I some: RLW P=100' Ghe "Ad a Shot No= RRN 1 PraJeck No: IC 9319-003 or. 7 Item Number: 7.r. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT July 27, 2021 Resolution to revise human services Legacy Aid to Agencies funding allocations for Fiscal Year 2022, July 1, 2021 - June 30, 2022. Prepared By: Brianna Thul, Community Development Planner Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Director Fiscal Impact: No Impact Recommendations: Staff: Approval 1 •uu .111111►/_1 Attachments: Resolution FY22 Revised Legacy Aid to Agencies Funding Allocation Executive Summary: The City annually budgets financial aid to human service agencies serving Iowa City residents. The FY22 Legacy Aid to Agencies allocations, adopted by Council on May 4, 2021, allow for a prorated increase in allocations for Legacy Agencies. The Housing and Community Development Commission (HCDC) approved a request from the Agency I mpact Coalition to suspend the FY22 Legacy Agency application process due to COVI D-19 and renew FY21 funding allocations on a prorated basis depending on the City's approved FY22 budget. HCDC reviewed and formulated a funding recommendation for Emerging Agencies at their March 11, 2021 meeting and the recommendations were adopted by Council May 4, 2021. This budget revision impacts Legacy funding distributions only. Background /Analysis: FY22 funding for Legacy agencies adopted by City Council on May 4, 2021 must be revised to reflect the approved budget. The City has a total FY22 budget of $719,250 for public service funds. This amount includes $124,000 in CDBG funds. Of the total funds available, $689,250 is available for Legacy agencies after HCDC allocated $30,000 to Emerging Agencies. Emerging Agencies were awarded funding based on an HCDC recommendation following a competitive funding round, rather than a prorated budget. The CDBG budget in the Annual Action Plan is correct, but the prorated amounts for the Legacy Agencies were not accurately adjusted for the increased amount of funding available and need to be revised. The net impact is an approximate increase of 4.8% for each Legacy agency over the FY21 allocation. The revised allocation for Legacy Agencies is attached as Exhibit A. ATTACHMENTS: Description resolution Revised Legacy Aid to Agency Allocation rJ t Prepared by: Brianna Thul, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319-356-5230 Resolution No. 21-213 Resolution to revise human services Legacy Aid to Agencies funding allocations for Fiscal Year 2022, July 1, 2021 — June 30, 2022. Whereas, the City of Iowa City budgeted for aid to local human services agencies; and Whereas, assistance to human services agencies who serve low-income residents of the Iowa City is considered a benefit to the community as a whole; and Whereas, a resolution allocating $688,500 to Legacy Agencies in the FY22 budget was passed and approved May 4, 2021 in Resolution No. 21-123; and Whereas, the amount of Community Development Block Grant funds available for public services has increased from the initial estimate; and Whereas, the Council approved budget allows for a prorated increase in the allocations for FY22 Legacy Aid to Agencies based on the Housing and Community Development Commission's July 16, 2020 recommendation to renew FY21 Legacy Agency funding allocations. Now, therefore, be it resolved by City Council of the City of Iowa City, Iowa, that: 1. The Legacy Aid to Agencies funding allocations, Exhibit A, revises the allocations in Resolution No. 21-123 and is hereby adopted. 2. The City Manager is hereby authorized to execute agreements for Aid to Agencies with the organizations identified in Exhibit A. Passed and approved this 27th day of July 2021. Approved /b Attest: P G Cit' Clerk City At rney's Office (Sue Dulek — 07/22/2021) Resolution No. 21-213 Page 2 It was moved by Taylor and seconded by salih the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner Exhibit A: FY22 Revised Legacy Aid to Agencies Funding Allocation Agency FY22 Allocation 4 C's Community Coord. Child Care $26,119 Arc of Southeast Iowa $20,895 Big Brothers / Big Sisters $26,119 Crisis Center of Johnson County $72,402 Domestic Violence Intervention Program $52,000 Free Lunch Program $18,805 HACAP $26,119 Horizons, A Family Service Alliance $45,968 Inside Out Rentry Community $41,839 Iowa City Free Medical/Dental Clinic $26,119 Iowa Valley Habitat for Humanity $26,119 Neighborhood Centers of JC $57,000 Pathways Adult Day Health Center $26,119 Prelude Behavioral Services $41,788 Rape Victim Advocacy Program $26,119 Shelter House $88,808 Table to Table $32,387 United Action for Youth $34,525 Total: $689,250 Item Number: 7.s. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT July 27, 2021 Resolution authorizing the City Manager to sign a Memorandum of Understanding with the Housing Trust Fund of Johnson County for the contribution and use of $500,000 for affordable housing. Prepared By: Tracy Hightshoe, Neighborhood & Development Services Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Affordable Housing Fund (budget line item 25490190) Recommendations: Staff: Approval Commission: N/A Attachments: Housing Trust Fund Request Resolution FY22 MOU Executive Summary: City Council will consider adoption of a resolution to authorize the City Manager to enter into a Memorandum of Understanding with the Housing Trust Fund of Johnson County for $500,000 for affordable housing at their July 27, 2021 meeting. Background /Analysis: At the September 20, 2016 City Council work session, the City Council approved the distribution of funds for the Affordable Housing Fund. Under the approved distribution plan, 50% of funds available will go to the Housing Trust Fund of Johnson County (HTFJC) for affordable housing projects in Iowa City. The FY22 budget for the Affordable Housing Fund is $1,000,000. Upon execution of the Memorandum of Understanding, the HTFJC will be issued payment of $500,000. At the August 6, 2019 City Council work session, the Council approved removing the Housing Trust Fund of Johnson County from the Aid to Agency annual funding cycle and allowing them a 5% administrative fee on funds allocated to them through the Affordable Housing Fund. On June 30, 2021 HTFJC submitted the attached request to raise the amount for administration from 5% to 8% to reflect the increased costs to administer these funds. In addition to increased annual salary and benefit expense, the City is substantially increasing the number of units each year that require monitoring through the affordability period which can be up to 30+ years. Due to the increasing obligations and cost to provide these services, staff is recommending approval. Under this MOU, affordable housing is defined as housing, either owner -occupied or rental, that serves households under 80% of the Area Median Income (AMI). In general, the HTFJC prioritizes rental projects that assist households under 60% AMI and many projects serve households under 30% AMI. A Memorandum of Understanding for these funds will be entered between the City and HTFJC. As directed by City Council, any projects awarded funding through the HTFJC must be in compliance with the City's Affordable Housing Location Model, as amended annually. The MOU will also require quarterly reporting to Neighborhood Services which identifies projects awarded funding, income levels served, and fund balance and an Annual Report to be provided to City Council. The Annual Report is typically provided in August for the prior fiscal year. ATTACHMENTS: Description Housing Trust Fund of Johnson County Request resolution FY22 MOU Agreement HcusingTrust Fund Johnson County Housing Trust Fund of Johnson County 26 E. Market Street #123 Iowa City, IA 52245 Mailing Address: PO Box 2446, Iowa City, IA 52244 Email: emccabe@htfjc.org Website: www.htfjc.org Office: 319.358.0212 & ,d of Dfrect s Date: June 30, 2021 To: Geoff Fruin, City Manager Bob a v o r s k y , President From: Ellen McCabe, Executive Director rte, state senator,, Re: Administrative Allowance Proposal 370 District The Housing Trust Fund of Johnson County (HTFJC) is fortunate to partner with the City of Iowa City as we are both focused on creating and C r is s y C a n g a n e lli, preserving housing that is affordable. President Elect Shpe1 far hawse The City of Iowa City provided a 5% allowance to HTFJC for administrative expenses during the past two years. In contrast, most of our other existing funders provide an administrative allowance to help John Warren, Wa gar er cover essential expenses in the range of 10% to 15%. Tie &rem antw' CPAs The Trust Fund conducted an analysis of the costs associated with providing the full range of services necessary to encourage the Rod Sullivan, secrefa:r^y development of affordable housing as well as manage funding activities Jar Carty Board of tied to the creation and preservation of housing that is affordable. Our business expenses are out pacing our administrative allowance. HTFJC HTFJC is unique in that we are ongoing stewards of the majority of the Simon Andrew, 7A9, we make via the Revolving Loan Fund. The benefit of being able to reinvest prior funds awarded comes with a tangible cost that is not present under a framework that simply grants funds for affordable housing. Jerry Anthony, ive si #y of -row, The Trust Fund is currently servicing $3.6 million in loans for affordable &'�aa X g4vivwi housing for people with low incomes located in Iowa City (tied to 36 planniv properties) and we have awarded an additional $2,074,115 (tied to 11 properties) for affordable housing within Iowa City that will be drawn in the months to come. Molly Miller, Bills Awg and Trust n"P9)TJ As indicated in our FY20 annual report, HTFJC's contribution in Iowa City extends well beyond the $700,000 City of Iowa City Affordable Housing Fund annual allocation. The Trust Fund secured and invested an Kirsten Frey, additional $284,396 in affordable housing within the City of Iowa City in SJu�##1eanr#Ir IrVrsall FY20. And, nine of ten awards HTFJC made in FY21, totaling $2,137,115 (not including $380,000 in LIHTC funding), will be located in Iowa City. Steve Gordon, A Awagearnt HTFJC proposes that in recognition of our work to assist developers through the entire lifecycle of affordable housing projects, including Ellen Habel, Cl #y of compliance with affordability requirements for up to 30 plus years, that Caralville the administrative allowance available increase to 8% beginning in FY22. Our request reflects the increases in costs we have experienced and those Rachel K ilb u r g , City of we anticipate in order to maintain the business functions of the IMM7 Cl #y organization. Increasing the administrative allowance will both build the capacity of the organization while ensuring that a competitive compensation package is available to attract and retain qualified leadership. Again, we appreciate the opportunity to carry out our mission of increasing the stock of safe and affordable housing through our partnership with the City of Iowa City. Please let me know if you have any questions about this proposal. Prepared by: Tracy Hightshoe, NDS Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 21-214 Resolution authorizing the City Manager to sign a memorandum of understanding with the Housing Trust Fund of Johnson County for the contribution and use of $500,000 for affordable housing. Whereas, the City Council desires to fulfill its goal to increase the units of affordable housing in Iowa City, in part, by contributing $500,000 to the Housing Trust Fund of Johnson County, Inc.; and Whereas, the funds should be used to serve households under 80% of median income, the units should be located within the corporate limits of Iowa City, and the site should comply with the Affordable Housing Location Model, as amended annually; and Whereas, the attached Memorandum of Understanding sets forth the parameters of how the funds are to be used. 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 Memorandum of Understanding. Passed and approved this 27th day of July 2021. Ma Approved b Attest: *jtylerk City Attney's Office (Sue Dulek - 07/2012021) It was moved by Taylor and seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes x Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner C Prepared by: Tracy Hightshoe, NDS Director, 410 E. Washington St., Iowa City,}tA 52240,3191356-5244 MEMORANDUM OF UNDERSTANDING Re: CITY'S CONTRIBUTION TOWARD AFFORDABLE HOUSING This Memorandum of Understanding is entered into by and between the City of Iowa City, a municipal corporation ("City"), and Housing Trust Fund of Johnson County, Inc. ("Trust Fund") in Iowa City, Iowa. WHEREAS, the City desires to contribute $500,000.00 to the Trust Fund to support affordable housing; and THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. The City will contribute $500,000.00 ("funds") to the Trust Fund to support affordable housing by September 15, 2021. 2. The Trust Fund will use the funds for affordable housing projects as follows: a. All units assisted must serve households under 80% area median income. The project itself may have units designated for higher incomes, but the units assisted by the funds must serve households under 80% area median income. b. The projects must be located within the corporate limits of Iowa City. c. The sites must be in compliance with the City's Affordable Housing Location Model, as amended annually. d. Quarterly reports must be provided to the City Neighborhood Services Coordinator following the completion of each funding round until all funds have been allocated and all units are occupied by eligible households. An annual report must be submitted by August 1, 2022 for FY22 (July 1, 2021 to June 30, 2022). The reports must include the following information on each project: 1) Address and developer; 2) Amount of funds allocated; 3) Description of development, such as 12-plex or 20 -unit tax project for seniors; and 4) Status of construction 5) Rent limitations as detailed in funding agreements with grant/loan recipients. e. Up to 8% of funds ($40,000) may be used for administrative expenses. Dated, this �day ofAegak,2021, CITY OF IOWA CITY, IOWA By: Geoff F titin City Manager HOUSING TRUST FUND OF JOHN V N COUNTY) INC. By. s Ellen McCabe Executive Director Item Number: 71 AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT July 27, 2021 Resolution authorizing the Mayor to sign and City Clerk to attest a Chapter 28E agreement with Johnson County and University of Iowa for a joint forensic analysis team ("J -FACT"). Prepared By: Denise Brotherton, Capt. Police Dept. Reviewed By: Geoff Fruin, City Manager Dustin Liston, Police Chief Fiscal Impact: none Recommendations: Staff: Approval Commission: N/A Attachments: resolution agreement Executive Summary: The Police Dept., Sheriff's Office, and the University Dept. of Public Safety have taken steps in their respective agencies to invest in specialized training and equipment for digital and cyber evidence examination and collection. This resolution approves an agreement among these three entities to join their capabilities and resources while sharing skills, equipment, knowledge, and revenue. The Board of Supervisors approved it on June 8. Background /Analysis: The fiscal and operational needs of the Iowa City Police Department's digital forensic lab would best serve the City and the community byjoining with the Johnson County Sheriff's Office and the University of Iowa Dept. of Public Safety as a joint digital forensic lab. This would allow the sharing of equipment, expenses, caseloads and knowledge between the agencies and the examiners who perform the examinations. Over the past five years the cost of software and equipment needed to perform digital forensics has steadily increased. In 2016 the annual subscription costs for software was approximately $7,150. Subscription costs for FY 2022 has risen to more than $56,000. This cost includes software and equipment owned by the Johnson County Sheriff's Office that is routinely used by Iowa City Police Department. Internet crimes against children cases have also increased dramatically over the past five years. In 2016 the Iowa City Police Department received 2 child exploitation "cybertip" referrals from the National Center for Missing and Exploited Children. In 2020 the number of cybertips received had risen to 23, and for the first half of calendar year 2021, 16 cybertips have been received. Also, cases involving violent crimes have increased. In 2016, the Iowa City Police computer forensic lab processed devices for 0 homicide and attempted murder cases and 5 weapons cases. In 2020, the Iowa City Police digital forensic lab processed devices for 8 homicides and attempted murders cases, and 24 weapons cases. For the first half of calendar year 2021, the forensic lab has processed 5 homicide and attempted murder cases and 17 weapons cases. The total number of digital items received by the Police Dept. in 2016 by the digital forensic lab was 367. The total number in 2020 was 603. For the first half of calendar year 2021 it is 447. With the steady increase in caseload and cost, it would be beneficial to the residents of Iowa City and Johnson County if the Police Dept. combined with the Johnson County Sheriff's Office and the University of Iowa Department of Public Safety to share resources, personnel and funds by implementing a joint forensic lab where the digital forensic examiners from these agencies can work and collaborate together from one location under the name of J -FACT (Joint Forensic Analysis Cyber Team). It should be added that the creation of J -FACT does not require any additional funds by the City of Iowa City. ATTACHMENTS: Description resolution agreement tE OFr� Iowa Secretary of State ytP rvq FILED 321 East 12th Street „ Filing Date: 081051202112:04 PM Des Moines, IA 50319 ff jlt �;�� <� Filing Number: M513963 sos.lowa.gov 28E Agreement Full Legal Name Organization Type County Party 1 JOHNSON COUNTY SHERIFFS OFFICE County Johnson Party UNIVERSITY OF IOWA DEPARTMENT OF State Agency Johnson PUBLIC SAFETY Party IOWA CITY POLICE DEPARTMENT City Johnson Participants 140 - Criminal Investigation Service Type TO PROVIDE AND ADMINISTER DIGITAL AND FORENSIC CYBER ANALYSIS AND INVESTIGATIVE SERVICES FOR LAW ENFORCEMENT AGENCIES, UNDER THE TERMS, LIMITATIONS AND CONDITIONS AS SET OUT IN THIS AGREEMENT. Purpose Indefinite Duration Johnson-Co-J-FACT-28E-Agreement.pdf Upload Scanned Agreement Contact Person: (Optional) BRAD Contact First Name KUNKEL Contact Last Name SHERIFF Job Title JOHNSON COUNTY SHERIFFS OFFICE Department bkunkel@johnsoncountyiowa.gov Email Address 1 319-356-6020 Phone Number Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 21-215 Resolution authorizing the Mayor to sign and City Clerk to attest a Chapter 28E agreement with Johnson County and University of Iowa for a joint forensic analysis team ("J -FACT"). Whereas, the number of criminal investigations with a digital or cyber nexus continues to grow at a rapid pace with digital forensic evidence often being a key component; and Whereas, the City Police Dept., the Johnson County Sheriff's Office, and the University of Iowa Dept. of Public Safety have taken steps in their respective agencies to invest in specialized training and equipment for digital and cyber evidence examination and collection; and Whereas, it is beneficial and efficient for the City, Sheriff's Office and University Dept. of Public Safety to join their capabilities and resources while sharing skills, equipment, knowledge, and revenue; and Whereas, the City, Sheriff and University Dept. of Public Safety have negotiated the attached 28E agreement for a joint forensic analysis team ("J -FACT'), which has been approved by the Johnson County Board of Supervisors; 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 Mayor is hereby authorized to sign and the City Clerk to attest the attached the 28E Agreement between Johnson County, The University of Iowa, and the City of Iowa City for the Creation and Operation of the Joint Forensic Analysis Cyber Team ("J -FACT'). The City Manager is further authorized to sign amendments to the agreement. Passed and approved this 27th day of Approved by City Atto y's Office - 07/20/2021 Resolution No. 21-215 Page 2 It was moved by Taylor and seconded by Salih the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner 28E AGREEMENT BETWEEN JOHNSON COUNTY, THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, IOWA FOR THE CREATION AND OPERATION OF THE JOINT FORENSIC ANALYSIS CYBER TEAM ("J -FACT") THIS AGREEMENT pursuant to Chapter 28E, Code of Iowa, is made and entered into by and between Johnson County, Iowa (through the Johnson County Sheriff's Office), the University of Iowa (through the UI Department of Public Safety), and the City of Iowa City (through the Iowa City Police Department), hereinafter referred to collectively as the "Parties". WHEREAS, the UI Department of Public Safety and the Iowa City Police Department operate within Johnson County and, together with the Johnson County Sheriff's Office, provide police protection and law enforcement services within their respective jurisdictions; and WHEREAS, the number of criminal investigations with a digital or cyber nexus continues to grow at a rapid pace with digital forensic evidence often being a key component; and WHEREAS, the Parties have taken steps in their respective agencies to invest in specialized training and equipment for forensic digital and cyber evidence examination and collection to further their mission; and WHEREAS, the Parties recognize the benefit and efficiency ofjoining their capabilities and resources to better serve the public and collaborate while sharing skills, equipment, knowledge, and revenue; THEREFORE, the Parties agree as follows: 1. Title. To conduct joint and cooperative digital and cyber investigative action, the Parties hereby establish a "Joint Forensic Analysis Cyber Team" ("J -FACT"). 2. Terni/Duration. This Agreement shall be effective upon approval by all parties and filing with the Iowa Secretary of State as provided in Section 28E.8 of the Iowa Code (2021). Johnson County is responsible for filing the initial agreement as well as any periodic reports required by the Iowa Secretary of State. The initial term of this Agreement shall be three (3) years, commencing on the date of filing with the Iowa Secretary of State, and shall renew automatically for succeeding terms of three (3) years each on the same terms and conditions as contained in this Agreement, unless written notice is given by one party to the other parties at least ninety (90) days prior to the expiration of any term oftheir intention not to renew the Agreement, and otherwise unless terminated in the manner provided below. 3. Purpose. Pursuant to Chapter 28E, Code of Iowa, the Parties do hereby agree that the purpose of this Agreement is to provide and administer digital and forensic cyber analysis and investigative services for law enforcement agencies, under the terms, limitations and conditions as set out in this Agreement. No separate legal or administrative entity is created by virtue of this Agreement. 4. Personnd Traininy, E ui ment and Facilities. The Parties agree each individual agency shall supply personnel, equipment, and other available resources in support of each officer appointed to the Joint Forensic Analysis Cyber Team. In furtherance of this agreement, the Parties agree each individual agency shall be responsible for providing specialized digital forensic training to their respective officers participating in J -FACT operations as resources permit. Initial J -FACT operations will principally be located in the University of Iowa's Multi - Tenant Facility located at 2541 Crosspark Road, Coralville, Iowa, with security -enabled internet/network connections furnished by the University of Iowa at its sole cost. 5. Personnel god )Equipment. Each Party agrees to supply their personnel assigned to J - FACT during routine operation. However, should a pressing need or emergency arise within the jurisdiction of any of the participating agencies which conflicts with service of assigned officers with the J -FACT, said agency may recall such personnel and equipment or any part thereof for the duration of the pressing need or emergency. All equipment provided by the Parties to J - FACT remains the exclusive property of that party. 6. Authority of Participating Officers. A peace officer employed by any of the parties to the Agreement shall have the full power, authority, and jurisdiction as a peace officer to investigate and examine any evidence submitted from within the jurisdictional boundaries of the Parties; or in acting pursuant to a related investigation. The purpose of this Agreement is to recognize the guidelines, terms and conditions set forth in Iowa Code Section 28D relating to the interchange of federal, state, and local government employees, and the Parties' signatory hereby adopt and acknowledge as a working agreement among them the terms of Chapter 28D. 7. Supervision. The Parties agree personnel assigned to J -FACT are subject to the management and supervision within their respective agency. Any personnel assigned to J - FACT, regardless of rank, shall not be subordinate to another. 8. Reimbursements for Costs. The Parties shall not be required to reimburse the other members of this Agreement for the cost of providing the services set forth in this Agreement. Each Party shall pay its own costs, including but not limited to wages and salaries including overtime, benefits, MFPRSI, IPERS, equipment, equipment repairs, and material for training and response. The Parties shall all make reasonable contributions to the ongoing operational and training expenses of J -FACT. Any personal property or department equipment provided for use in the joint undertaking described herein shall be owned by the Party or parties that acquired such personal property or equipment. Each Party shall independently finance and budget for its participating officers' activities under this Agreement. No real or personal property will be purchased, held, or disposed of in the performance of this Agreement; said property shall remain the property of the participating agencies or the individual officers, as appropriate. In the event that the Agreement is terminated, any department equipment or personal property used in the john undertaking shall be retained by the Party that acquired said equipment or property. 4. Revenue .Apportionment. The Parties may agree to assess reasonable reimbursement fees for digital forensic services provided by the J -FACT to law enforcement agencies who are not participants in this Agreement. The Parties agree the disposition of reimbursement revenue shall be allocated 40% to Johnson County, 30% to the University of Iowa, and 30% to the City of Iowa City. Johnson County shall administer the billing, collection and disbursement to the other Parties of reimbursement fees. Johnson County shall disburse allocations of reimbursement revenue to the University of Iowa and City of Iowa City twice per fiscal year, no later than June 30 and January 30. 10. Termination. The Agreement may be terminated by mutual agreement of the Parties. Participation in this Agreement may be terminated by any one party upon providing 90 -days' advance written notice to the other Parties, in which case this Agreement shall remain in effect as to any non -terminating agencies. 11. Administration. The J -FACT shall be overseen, and the Parties' duties and responsibilities herein shall be coordinated, by the representatives of each Party's respective law enforcement agency, to wit the Johnson County Sheriff on behalf of Johnson County, the Director of Public Safety on behalf of the University of Iowa, and the Iowa City Police Chief on behalf of the City of Iowa City. This shall include the regular consultation and coordination among such designees as to provision of adequate resources to the J -FACT. 12. Policy, J -FACT Personnel are subject to the policies and procedures provided by their individual member organizations. J -FACT may establish laboratory policies or obtain accreditation from a third party upon unanimous agreement among the Agreement Administrators. J -FACT, assigned officers and participating agencies shall adopt and/or follow such operational security and other measures as are necessary and prudent to safeguard the methods and results of the team's analyses and investigations. 13. Notices. Notice to Johnson County must be in writing and addressed to: Johnson County Sheriff, PO Box 2540, 511 S Capitol St., Iowa City, Iowa 52242. Notice to the University of Iowa must be in writing and addressed to University of Iowa Director of Public Safety, 808 University Capitol Centre, 200 S Capitol St., Iowa City, Iowa 52242. Notice to the City of Iowa City must be in writing and address to Iowa City Chief of Police, 410 E Washington St., Iowa City, IA 52240. Notice is sufficient if delivered by ordinary mail. 14. Liability Each Party shall bear the liability and/or cost of damage to its equipment and the death of or injury to its personnel caused by itself, regardless of the location of the incident. Nothing herein is intended to alter any of the parties' ultimate responsibilities for their employees under Iowa law, including liability for or immunity from third -party claims. Each Party hereto hereby expressly waives all claims of whatever type or nature, except for gross negligence or intentional misconduct, against the other agencies and their personnel, which may arise out of the performance of this Agreement. To the extent permitted by Iaw, all the powers, duties, right, and privileges and immunities from liability which surround the activities of the J - FACT when performing its functions within the public agencies' territorial limits or for other agencies responsive to such requests for assistance, shall apply to the activities of the J -FACT, team members, other peace officers or employees, or agencies while furnishing assistance outside their territorial limits under the terms of this Agreement. 15. Waiver. The waiver by any Party of any covenant or condition of this Agreement shall not thereafter preclude such Party from demanding performance in accordance with the terms of this Agreement. 16. Severability. If a provision shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the Parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 17. Amendments. This Agreement represents the entire agreement of the Parties. This Agreement is not intended to supersede any prior agreements between participating agencies or prevent any of the Parties from adopting other agreements relating to cooperative law enforcement activities. Any amendments must be in writing and unanimously approved by the Agreement Administrators. 18. Anplieable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa and applicable federal law. 19. Entire Agreement. This Agreement sets forth all of the covenants, promises, agreements, and conditions between Johnson County, the University of Iowa and the City of Iowa City concerning the Joint Forensic Analysis Cyber Team, and there are no other covenants, promises, agreements or conditions, either oral or written, between them. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the Parties. 20. Authority. Each of the undersigned declares and certifies they had been authorized by their respective executive or governing body to execute this Agreement on behalf of the Parties to this Agreement. IN WITNESS HEREOF, the parties have executed this Agreement on the dates given below. [signature pages follow] JOHNSON COUNTY SIGNATURE PAGE for 28E AGREEMENT BETWEEN JOHNSON COUNTY, THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, IOWA FOR THE CREATION AND OPERATION OF THE JOINT FORENSIC ANALYSIS CYBER TEAM ("J -FACT") This agreement was approved by official action of the Johnson County Board of Supervisors in official session on the of day of , 1_" j l 1 2021. For: JOHNSON COUNTY, IOWA By: Pat H "den, Chairperson DATE: % t� /a County Sheriff: X4 4� 7 1-;y.2 CITY OF IOWA CITY SIGNATURE PAGE for 28E AGREEMENT BETWEEN JOHNSON COUNTY, THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, IOWA FOR THE CREATION AND OPERATION OF THE JOINT FORENSIC ANALYSIS CYBER TEAM ("J -FACT") This agreement was approved by official action of the City Council of Iowa City in official session on the 27th day of July '202L For: the CITY OF IOWA CITY, IOWA By: --- B 'c eague, Mayor DATE: _ 7127/21 Attest: City Clerk Approved: City Attorney's Office: UNIVERSITY OF IOWA SIGNATURE PAGE for 28E AGREEMENT BETWEEN JOHNSON COUNTY, THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, IOWA FOR THE CREATION AND OPERATION OF THE JOINT FORENSIC ANALYSIS CYBER TEAM ("J -FACT") For: the UNIVERSITY OF IOWA m DA'Z'E: t - 03 • b ®i-1 David W. KfeR Business Manager University Of {owa Director, Dept. of Public Safety:. >ns 28E AGREEMENT BETWEEN JOHNSON COUNTY, THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, IOWA FOR THE CREATION AND OPERATION OF THE JOINT FORENSIC ANALYSIS CYBER TEAM ("J -FACT") THIS AGREEMENT pursuant to Chapter 28E, Code of Iowa, is made and entered into by and between Johnson County, Iowa (through the Johnson County Sheriff's Office), the University of Iowa (through the UI Department of Public Safety), and the City of Iowa City (through the Iowa City Police Department), hereinafter referred to collectively as the "Parties". WHEREAS, the UI Department of Public Safety and the Iowa City Police Department operate within Johnson County and, together with the Johnson County Sheriff's Office, provide police protection and law enforcement services within their respective jurisdictions; and WHEREAS, the number of criminal investigations with a digital or cyber nexus continues to grow at a rapid pace with digital forensic evidence often being a key component; and WHEREAS, the Parties have taken steps in their respective agencies to invest in specialized training and equipment for forensic digital and cyber evidence examination and collection to further their mission; and WHEREAS, the Parties recognize the benefit and efficiency of joining their capabilities and resources to better serve the public and collaborate while sharing skills, equipment, knowledge, and revenue; THEREFORE, the Parties agree as follows: 1. Title. To conduct joint and cooperative digital and cyber investigative action, the Parties hereby establish a "Joint Forensic Analysis Cyber Team" ("J -FACT"). 2. Term/Duration. This Agreement shall be effective upon approval by all parties and filing with the Iowa Secretary of State as provided in Section 28E.8 of the Iowa Code (2021). Johnson County is responsible for filing the initial agreement as well as any periodic reports required by the Iowa Secretary of State. The initial term of this Agreement shall be three (3) years, commencing on the date of filing with the Iowa Secretary of State, and shall renew automatically for succeeding terms of three (3) years each on the same terms and conditions as contained in this Agreement, unless written notice is given by one party to the other parties at least ninety (90) days prior to the expiration of any term of their intention not to renew the Agreement, and otherwise unless terminated in the manner provided below. 3. Purpose. Pursuant to Chapter 28E, Code of Iowa, the Parties do hereby agree that the purpose of this Agreement is to provide and administer digital and forensic cyber analysis and investigative services for law enforcement agencies, under the terms, limitations and conditions as set out in this Agreement. No separate legal or administrative entity is created by virtue of this Agreement. 4. Personnel, Training, Equipment and Facilities. The Parties agree each individual agency shall supply personnel, equipment, and other available resources in support of each officer appointed to the Joint Forensic Analysis Cyber Team. In furtherance of this agreement, the Parties agree each individual agency shall be responsible for providing specialized digital forensic training to their respective officers participating in J -FACT operations as resources permit. Initial J -FACT operations will principally be located in the University of Iowa's Multi - Tenant Facility located at 2501 Crosspark Road, Coralville, Iowa, with security -enabled internet/network connections furnished by the University of Iowa at its sole cost. 5. Personnel and Equipment. Each Party agrees to supply their personnel assigned to J - FACT during routine operation. However, should a pressing need or emergency arise within the jurisdiction of any of the participating agencies which conflicts with service of assigned officers with the J -FACT, said agency may recall such personnel and equipment or any part thereof for the duration of the pressing need or emergency. All equipment provided by the Parties to J - FACT remains the exclusive property of that party. 6. Authority of Participating Officers. A peace officer employed by any of the parties to the Agreement shall have the full power, authority, and jurisdiction as a peace officer to investigate and examine any evidence submitted from within the jurisdictional boundaries of the Parties, or in acting pursuant to a related investigation. The purpose of this Agreement is to recognize the guidelines, terms and conditions set forth in Iowa Code Section 28D relating to the interchange of federal, state, and local government employees, and the Parties' signatory hereby adopt and acknowledge as a working agreement among them the terms of Chapter 28D. 7. Supervision. The Parties agree personnel assigned to J -FACT are subject to the management and supervision within their respective agency. Any personnel assigned to J - FACT, regardless of rank, shall not be subordinate to another. 8. Reimbursements for Costs. The Parties shall not be required to reimburse the other members of this Agreement for the cost of providing the services set forth in this Agreement. Each Party shall pay its own costs, including but not limited to wages and salaries including overtime, benefits, MFPRSI, IPERS, equipment, equipment repairs, and material for training and response. The Parties shall all make reasonable contributions to the ongoing operational and training expenses of J -FACT. Any personal property or department equipment provided for use in the joint undertaking described herein shall be owned by the Party or parties that acquired such personal property or equipment. Each Party shall independently finance and budget for its participating officers' activities under this Agreement. No real or personal property will be purchased, held, or disposed of in the performance of this Agreement; said property shall remain the property of the participating agencies or the individual officers, as appropriate. In the event that the Agreement is terminated, any department equipment or personal property used in the joint undertaking shall be retained by the Party that acquired said equipment or property. 9. Revenue Apportionment. The Parties may agree to assess reasonable reimbursement fees for digital forensic services provided by the J -FACT to law enforcement agencies who are not participants in this Agreement. The Parties agree the disposition of reimbursement revenue shall be allocated 40% to Johnson County, 30% to the University of Iowa, and 30% to the City of Iowa City. Johnson County shall administer the billing, collection and disbursement to the other Parties of reimbursement fees. Johnson County shall disburse allocations of reimbursement revenue to the University of Iowa and City of Iowa City twice per fiscal year, no later than June 30 and January 30. 10. Termination. The Agreement may be terminated by mutual agreement of the Parties. Participation in this Agreement may be terminated by any one party upon providing 90 -days' advance written notice to the other Parties, in which case this Agreement shall remain in effect as to any non -terminating agencies. 11. Administration. The J -FACT shall be overseen, and the Parties' duties and responsibilities herein shall be coordinated, by the representatives of each Party's respective law enforcement agency, to wit the Johnson County Sheriff on behalf of Johnson County, the Director of Public Safety on behalf of the University of Iowa, and the Iowa City Police Chief on behalf of the City of Iowa City. This shall include the regular consultation and coordination among such designees as to provision of adequate resources to the J -FACT. 12. Policy. J -FACT Personnel are subject to the policies and procedures provided by their individual member organizations. J -FACT may establish laboratory policies or obtain accreditation from a third party upon unanimous agreement among the Agreement Administrators. J -FACT, assigned officers and participating agencies shall adopt and/or follow such operational security and other measures as are necessary and prudent to safeguard the methods and results of the team's analyses and investigations. 13. Notices. Notice to Johnson County must be in writing and addressed to: Johnson County Sheriff, PO Box 2540, 511 S Capitol St., Iowa City, Iowa 52242. Notice to the University of Iowa must be in writing and addressed to University of Iowa Director of Public Safety, 808 University Capitol Centre, 200 S Capitol St., Iowa City, Iowa 52242. Notice to the City of Iowa City must be in writing and address to Iowa City Chief of Police, 410 E Washington St., Iowa City, IA 52240. Notice is sufficient if delivered by ordinary mail. 14. Liability. Each Party shall bear the liability and/or cost of damage to its equipment and the death of or injury to its personnel caused by itself, regardless of the location of the incident. Nothing herein is intended to alter any of the parties' ultimate responsibilities for their employees under Iowa law, including liability for or immunity from third -party claims. Each Party hereto hereby expressly waives all claims of whatever type or nature, except for gross negligence or intentional misconduct, against the other agencies and their personnel, which may arise out of the performance of this Agreement. To the extent permitted by law, all the powers, duties, right, and privileges and immunities from liability which surround the activities of the J - FACT when performing its functions within the public agencies' territorial limits or for other agencies responsive to such requests for assistance, shall apply to the activities of the J -FACT, team members, other peace officers or employees, or agencies while furnishing assistance outside their territorial limits under the terms of this Agreement. 15. Waiver. The waiver by any Party of any covenant or condition of this Agreement shall not thereafter preclude such Party from demanding performance in accordance with the terms of this Agreement. 16. Severability. If a provision shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the Parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 17. Amendments. This Agreement represents the entire agreement of the Parties. This Agreement is not intended to supersede any prior agreements between participating agencies or prevent any of the Parties from adopting other agreements relating to cooperative law enforcement activities. Any amendments must be in writing and unanimously approved by the Agreement Administrators. 18. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa and applicable federal law. 19. Entire Aereement. This Agreement sets forth all of the covenants, promises, agreements, and conditions between Johnson County, the University of Iowa and the City of Iowa City concerning the Joint Forensic Analysis Cyber Team, and there are no other covenants, promises, agreements or conditions, either oral or written, between them. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the Parties. 20. Author i . Each of the undersigned declares and certifies they had been authorized by their respective executive or governing body to execute this Agreement on behalf of the Parties to this Agreement. IN WITNESS HEREOF, the parties have executed this Agreement on the dates given below. [signature pages follow] JOHNSON COUNTY SIGNATURE PAGE for 28E AGREEMENT BETWEEN JOHNSON COUNTY, THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, IOWA FOR THE CREATION AND OPERATION OF THE JOINT FORENSIC ANALYSIS CYBER TEAM ("J -FACT") This agreement was approved by official action of the Johnson County Board of Supervisors in official session on the q day of f , 2021. For: JOHNSON COUNTY; IOWA By: Pat He�den, Chairperson DATE: 7f l,2 aLzz CAI �• . r County Sheriff�Z�- 7 - �d� CITY OF IOWA CITY SIGNATURE PAGE for 28E AGREEMENT BETWEEN JOHNSON COUNTY, THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, IOWA FOR THE CREATION AND OPERATION OF THE JOINT FORENSIC ANALYSIS CYBER TEAM ("J -FACT") This agreement was approved by official action of the City Council of Iowa City in official session on the day of 72021. For: the CITY OF IOWA CITY, IOWA Bruce Teague, Mayor DATE: Attest: City Clerk Approved: City Attorney's Office: UNIVERSITY OF IOWA SIGNATURE PAGE for 28E AGREEMENT BETWEEN JOHNSON COUNTY, THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY, IOWA FOR THE CREATION AND OPERATION OF THE JOINT FORENSIC ANALYSIS CYBER TEAM ("J -FACT") For: the UNIVERSITY OF IOWA Rod Lehnertz Senior Vice President for Finance & Operations DATE: Attest: Director, Dept. of Public Safety: Item Number: 8.a. �r p- CITY OE IOWA CITY www.iogov.org July 27, 2021 Motion setting a public hearing on August 17, 2021 on an ordinance vacating approximately 6,098 square feet of public right-of-way running north from Lafayette Street and east of S. Dubuque Street and on a resolution to dispose of the property to Gilbane Development Company. (VAC20-0003) F1AIF_TO:ILTA 121zIII & I Description Staff Report with Attachments Public Hearing Notice Resolution of Intent Draft Ordinance Purchase Agreement To: Planning & Zoning Commission Item: VAC20-0003 700 S. Dubuque Vacation GENERAL INFORMATION: Applicant: Requested Action: Purpose: Location: Location Map: Size: Existing Land Use and Zoning: STAFF REPORT Prepared by: Ray Heitner, Associate Planner Date: July 1, 2021 Gilbane Development 7 Jackson Walkway Providence, RI 02903 267-256-4520 Mapt@Gilbaneco.com Vacation public right-of-way To accommodate redevelopment County Seat Addition, Block 18, at the northeast corner of South Dubuque and Lafayette Streets. Approximately 0.14 acres Commercial and multi -family residential, RFC -CX, Riverfront Crossing — Central Crossings Surrounding Land Use and Zoning File Date: 45 -Day Limitation: BACKGROUND INFORMATION: North: RFC -CX, Riverfront Crossing - Central Crossings South: CI -1, Intensive Commercial East: CC -2, Community Commercial West: Institutional Public (P-2); RFC -CX, Riverfront Crossing - Central Crossings; CI - 1, Intensive Commercial December 10,2020 N/A Gilbane Development has applied to vacate an alley that separates the properties located at 700- 730 South Dubuque Street from the apartment building at 220 Lafayette Street. Gilbane is acquiring all of these lots and intends to redevelop them as one development spanning the alleyway. Gilbane previously applied to rezone these properties to Riverfront Crossings -Central Crossings (RFC -CX). The Commission recommended approval of that application at its December 17, 2020 meeting, and Council approved the same on February 2nd, 2021, subject to a conditional zoning agreement that required certain Ralston Creek stream bank restoration activities and the dedication of a sanitary sewer easement in a location to be determined by the City Engineer. ANAI Y.qI.q• The following factors are to be considered in evaluating a vacation request: a) Impact on pedestrian and vehicular access and circulation; b) Impact on emergency and utility vehicle access and circulation; c) Impact on access of adjacent private properties; d) Desirability of right-of-way for access or circulation needs; e) Location of utilities and other easements or restrictions on the property; and f) Any other relevant factors pertaining to the specific requested vacation. a) Vehicular and pedestrian circulation and access to private property: The alley contains no sidewalk or other formal means of pedestrian access or circulation. The alley provides vehicular access to parking areas along the west and north sides of the apartment building at 220 Lafayette Street and the east (rear) side of the businesses fronting 700-730 S. Dubuque Street. The applicant has indicated that it will be acquiring all of these properties, but until the buildings are vacated, the alley will still be needed for vehicular circulation and access. b) Emergency and utility and service access: The International Fire Code requires that fire apparatus access roads be located within 150' of any facility or building that is served under the jurisdiction (IFC (2018) 503.1.1). Since the approximate distance between S. Dubuque Street and the western wall of 220 S. Lafayette Street is 185', fire apparatus access to the existing alley is necessary to provide fire protection to the building at 220 Lafayette Street until it is demolished. The alley is currently used for gas and electric service lines. A utility easement should be retained for these utilities until the adjacent properties are vacated and utilities no longer used. A sanitary sewer main runs through the middle of the existing alley and serves other properties in the neighborhood, not just the adjacent land the applicant intends to redevelop. A sanitary sewer easement should be retained for this utility until the sanitary sewer main is relocated to a new easement area dedicated to the City at no cost, as required by the conditional zoning agreement. c) Impact on access of adjacent private properties: The applicant intends to redevelop all adjacent private property as one development project. These adjacent properties were collectively rezoned to RFC -CX subject to a conditional zoning agreement. As described above, the vacation will impact access to the existing buildings, though they will all continue to have right-of-way frontage along public streets. The proposed right-of-way vacation will not impact access to any other nearby properties. d) Desirability of right-of-way for access or circulation needs: The applicant wishes to use right-of-way for development of a multi -family residential building with access off S. Dubuque Street and E. Lafayette Street. Upon redevelopment according to their plans, the existing alley will not be necessary for any future access or circulation needs. e) Location of utilities and other easements or restrictions on the property: Private utilities have been contacted and asked to identify if they have and facilities within the subject right-of-way. The subject right-of-way contains gas and electric utilities and a City sanitary sewer main. Easements for these uses must be retained as described above. The applicant intends to establish new easement areas upon redevelopment so that the property is served by all necessary private and public utilities. f) Any other relevant factors pertaining to the specific requested vacation: Although the applicant intends to acquire the adjacent property, there are currently numerous owners of the adjacent land. In order to avoid creating an ownership interest in yet another private entity, Staff will recommend to the City Council that it not convey the alley to the applicant until they are the titleholder to all adjacent land and that the buildings are no longer occupied to ensure that access to the adjacent properties is not impacted. RI IMMARY• Staff recommends vacation of this alley, contingent upon the retention of an access easement, private utility easement and sanitary sewer easement for so long as the adjacent property is occupied. While this alley currently serves as an important corridor for traffic circulation and utilities, the alley is not necessary for traffic or utilities according to the applicant's redevelopment plans. NEXT STEPS: Upon recommendation by the Planning and Zoning Commission, the proposed vacation will be reviewed by the City Council. The City Council will not only discuss the vacation, but also the conveyance of this land to the applicant for fair market value. STAFF RECOMMENDATION: Staff recommends the approval of VAC20-0003 a vacation of the Block 18, County Seat Addition public alley right-of-way adjacent to 220 Lafayette Street, subject to a utility easement, access easement, and sanitary sewer easement as described in this report and in forms approved by the City Attorney's office. ATTACHMENTS: 1. Location Map 2. Vacation Plat Approved by. Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services --4 r es 6 f An application submitted by Axiom Consultants, on behalf of Gilbane Development, to request the vacation of the public right-of-way for approximately 0.14 acres of property in order to aquire this portion of the right-of-way and add it to the adjacent property. I t i .��®41 CITY OF IOWA CITY % i h ■OW -a es 6 f An application submitted by Axiom Consultants, on behalf of Gilbane Development, to request the vacation of the public right-of-way for approximately 0.14 acres of property in order to aquire this portion of the right-of-way and add it to the adjacent property. I t i .��®41 CITY OF IOWA CITY IOWA INTERSTATE RAILROAD N89° 22'53"E 150.00' 89° 09' 53"E 19.84' o N00° 50' 07"W 16.84' S87° 33'44"E 116.89' 00 vo Lu oo Lu Lu LLJ C) D V) Co rl 000 \O O M N m w u1 � r- '� I to LL J fav O ;--1 00 Ln vei�aC��p�\6p� o o o e O P`� N 0 e ( \eP eP� z I zo L r, ROW VACATION N Q z 0.14 ACRES 1 0 1 -- 000 Lu IDZ� /000 vp� o eP N� S89° 21'34"W 148.59' S89° 21'3411W LAFAYETTE STREET 20.01' N00° 52' 18"W S89° 21'34"W 91.10' 40.00' CRANDIC RAILROAD sos � 1— 228 S DUBUQUE ST E BENTON ST LEGAL DESCRIPTION A 20 FOOT WIDE ALLEY IMMEDIATELY ADJACENT TO LOT 5 THRU LOT 8 IN BLOCK 18, IN THAT PART OF IOWA CITY, IOWA, LAID OFF BY THE COMMISSIONERS OF JOHNSON COUNTY, IOWA, AS THE COUNTY SEAT OF JOHNSON COUNTY, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 1 & 2, PAGE 253, DEED RECORDS OF JOHNSON COUNTY, IOWA, AS SHOWN ON THE RIGHT OF WAY VACATION EXHIBIT. A�jSHEETTITLE: DESIGN PROFESSIONAL: PROWELCHIER NO.:R.O.W. VACATION EXHIBIT 190173 0 30 60 DATE ISSUED: Om12/07/2020NSULTANTS PROJECT NAME SHEET NUMBER CURRENT REV: WWW.AXIOM-CON.COM 1 (319)519-6220 S. DUBUQUE STREET DEVELOPMENT 1 OF 1 NOTICE OF PUBLIC HEARING Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on an ordinance vacating approximately 6,098 square feet of public right-of-way and on a resolution to dispose of the property to the applicant in said city at 6:00 p.m. on the 17th day of August, 2021, said meeting to be held in either the Assembly Room in The Center, 28 S. Linn Street Iowa City, Iowa, or Harvat Hall in City Hall, 410 E. Washington St., Iowa City, Iowa at 6:00 p.m. on the 17th day of August 2021, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. Copies of the proposed ordinance are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa, which is currently closed to the public because of the coronavirus. Copies are available by telephoning the City Clerk at 319/356-5043 or emailing kellie-fruehling(a iowa- city.orq. Kellie Fruehling, City Clerk Prepared by: Ray Heitner - Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5238 Resolution No. Resolution of intent to consider the vacation and proposed conveyance of approximately 6,098 square feet of right of way running north from Lafayette Street east of S. Dubuque Street to Gilbane Development Company and setting a public hearing thereon for August 17, 2021. Whereas, the City Council is considering a resolution vacating an approximately 6,098 square feet portion of right-of-way running north from Lafayette Street and east of S. Dubuque Street; and Whereas, Gilbane Development Company intends to use the conveyed area for a future multi- family residential development on the conveyed right-of-way and the adjacent properties of 700, 710, 720, and 730 S. Dubuque Street and 220 Lafayette Street; and Whereas, at its meeting on July 1, 2021, the Planning and Zoning Commission recommended approval of the vacation, contingent upon the retention of an access easement, private utility easement, and sanitary sewer easement for so long as the adjacent properties are occupied, and a new sanitary sewer has been built in a location accepted by the City; and Whereas, Staff recommends approval of the vacation and conveyance, subject to retention of the said easements, given that the right-of-way will not be necessary for access or use upon redevelopment; and Whereas, in the event that Council approves the vacation, it is in the public interest to convey the vacated right-of-way by quit claim deed to Gilbane Development Company for fair market value; and Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: The City Council does hereby declare its intent to consider the vacation and conveyance of approximately 6,098 square feet of right-of-way to Gilbane Development Company via quit claim deed for $121,960.00. 2. A public hearing on said proposal should be and is hereby set for August 17, 2021, at 6:00 p.m. in the Assembly Room at The Center, 28 S. Linn Street, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law with the costs assessed to the applicant. Passed and approved this day of 2021. MAYOR Resolution No. Page 2 Approved by ATTEST: City Attorney's Office CITY CLERK Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; (VAC20-0003) Ordinance No. Ordinance vacating approximately 6,098 square feet of public right-of- way running north from Lafayette Street east of S. Dubuque Street and authorizing conveyance to Gilbane Development Company (VAC20- 0003) Whereas, Gilbane Development Company, the buyer of 700, 710, 720, and 730 S. Dubuque Street and 220 Lafayette Street, has requested that the City vacate and convey to the applicant approximately 6,098 square feet portion of right-of-way running north from Lafayette Street east of S. Dubuque Street to facilitate redevelopment of said right-of-way and said adjacent properties; and Whereas, this portion of right-of-way does contain sanitary sewer and private utilities; and Whereas, the right-of-way is currently necessary for adequate fire department access to said adjacent properties; and Whereas, staff recommends vacation of the right-of-way, contingent upon the retention of an access easement, private utility easement, and sanitary sewer easement for so long as the adjacent properties are occupied, and a new sanitary sewer has been built in a location accepted by the City. Whereas, at its meeting on July 1, 2021, the Planning and Zoning Commission recommended approval of the vacation, subject to the retention of said easements. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Vacation. The City of Iowa City hereby vacates that portion of public right-of-way described as follows: A 20 FOOT WIDE ALLEY IMMEDIATELY ADJACENT TO LOT 5 THRU LOT 8 IN BLOCK 18, IN THAT PART OF IOWA CITY, IOWA, LAID OFF BY THE COMMISSIONERS OF JOHNSON COUNTY, IOWA, AS THE COUNTY SEAT OF JOHNSON COUNTY, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 1 & 2, PAGE 253, DEED RECORDS OF JOHNSON COUNTY, IOWA, AS SHOWN ON THE RIGHT OF WAY VACATION EXHIBIT. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20 Mayor: Ordinance No. Page 2 Approved by: Attest: City Clerk City Attorney's Office PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made and entered into as of the date last written below between the City of Iowa City, Iowa ("Seller") and Gilbane Development Company ("Buyer"). In consideration of the covenants and agreements contained herein, the parties agree as follows: 1. PREMISES. Seller shall sell to Buyer and Buyer shall purchase from Seller certain real estate property in Iowa City, Johnson County, Iowa, consisting of approximately 6,098 square feet of an alley running north from Lafayette Street east of Dubuque Street (exact location shown on the attached Exhibit "A"), including all fixtures that integrally belong to, are specifically adapted to or a part of the real property, whether attached or detached (the "Real Estate"). The Real Estate is being conveyed free of liens and encumbrances but subject to zoning and other ordinances, covenants of record and easements of record. 2. PURCHASE PRICE AND MANNER OF PAYMENT. The total purchase price ("Purchase Price") to be paid for the Real Estate shall be the sum of One Hundred Twenty- one Thousand Nine Hundred and Sixty Dollars ($121,960.00). The Purchase Price shall be paid by certified check or by wire transfer of funds at the time of closing as provided herein. 3. REAL ESTATE TAXES. Seller shall pay the prorated amount of real estate taxes and special assessments levied against the Real Estate and the improvements thereon up to the Closing Date and any unpaid real estate taxes payable in prior years, as a credit to the Buyer at closing. Buyer shall pay all subsequent real estate taxes after, and including, the date of the Closing Date. The proration of taxes shall be based on taxes from the first day of July prior to closing to the date of closing based upon the last known actual net real estate taxes payable according to public records. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of closing, such proration shall be based on the current levy rate, assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the assessor's records on the date of possession. 4. SPECIAL ASSESSMENTS. A. Seller shall pay in full at time of closing all special assessments which are a lien on the Real Estate as of the Closing Date. B. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, and all development assessments, including those for which assessments arise after closing, shall be paid by Seller. C. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Seller through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Seller. D. Buyer shall pay all special assessments which become a lien on the Real Estate after the Closing Date. 5. CONTINGENCIES. This offer is contingent upon the following items: A. Buyer obtaining approval for the vacation of the alley located across the Real Estate from the Iowa City Planning and Zoning Commission, subject to reasonable restrictions to accommodate any existing uses. If Buyer has not obtained a written approval for vacation of the alley from the Iowa City Planning and Zoning Commission by August 1, 2021, the Buyer may rescind this Agreement by giving written notice to the Seller. B. Buyer obtaining approval for the vacation of the alley located across the Real Estate from the City of Iowa City Council, subject to reasonable restrictions to accommodate any existing uses. If Buyer has not obtained a written approval for vacation of the alley from the City of Iowa City Council by September 1, 2021, the Buyer may rescind this Agreement by given written notice to the Seller. C. The parties hereto acknowledge that the alley is currently used for a public sanitary sewer main; that the property is governed by a conditional zoning agreement requiring the Buyer to shall dedicate, at no cost to the City, a sanitary sewer easement, in a location to be determined by the City Engineer, and in a form of agreement acceptable to the City Attorney's Office. This offer is, therefore, contingent upon Buyer satisfying said obligation and obtaining approval from the City of Iowa City of construction plans to relocate the sanitary sewer main currently located within the Real Estate. Buyer further acknowledges that until the existing sewer is decommissioned, and the new sewer main accepted by the City Council, it will be necessary for the City to maintain a sanitary sewer easement over said alley. D. Buyer closing on the real estate surrounding the Real Estate as shown on Exhibit "A". E. Buyer confirming that, as of the date of closing, all buildings purchased by Buyer as set forth on Exhibit "A" have been vacated. F. The City Manager is signing this Agreement contingent upon a resolution by the City Council approving this Agreement. If this Agreement is declared null and void under any of the above contingencies, any Earnest Money payment shall be promptly returned to Buyer. 6. ABSTRACT AND TITLE. Seller, at Buyer's expense, shall obtain an abstract of title to the Real Estate, continued through thirty (30) days prior to the Closing Date and deliver it to Buyer's attorney for examination. The abstract of title shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. 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. Buyer shall not be entitled to rescind unless it has given Seller a reasonable opportunity to produce marketable title. 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. The abstract shall be obtained from an abstracter qualified by the Title Guaranty Division of the Iowa Housing Finance Authority. Nothing in this paragraph shall relieve Seller from the obligation to convey merchantable title to Buyer at the time of the Closing Date. 7. POSSESSION AND CLOSING DATE. The closing on this transaction and transfer of possession of the Real Estate shall occur on a date agreed upon by the parties within thirty (30) days of the Buyer releasing the contingencies set forth in paragraph five (S) above, ("Closing Date"), subject to Buyer's and Seller's full performance of their respective obligations under this Purchase Agreement and the satisfaction of the conditions herein. Closing shall be at such time and place as the Buyer and Seller shall agree, or otherwise at 1:00 p.m. at the office of the Buyer's attorney. This transaction shall be considered closed upon the delivery of the title transfer documents to Buyer and Seller's receipt of all funds then due at closing from Buyer under this Agreement. 8. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Real Estate prior to the closing. In the event of substantial damage prior to closing, this Agreement shall be null and void unless Buyer chooses to complete the transaction as set forth below or unless otherwise agreed in writing by the Buyer and Seller. The Real Estate shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the Closing Date or within 30 days after the Closing Date, in which event the closing and transfer of possession shall be reasonably delayed, up to 30 days, in order to allow completion of the repairs and restoration. Provided, however, in the event of substantial damage or destruction that cannot be repaired by the Closing Date or within 30 days thereafter, Buyer shall have the right to complete the closing and to have the Seller apply as much of the insurance proceeds as are necessary to prepare and restore the Real Estate. Until the Closing Date, Seller agrees to maintain existing insurance coverage on the Real Estate and Buyer may purchase additional insurance. 9. ENVIRONMENTAL MATTERS. 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 Real Estate, the Real Estate does not contain levels of radon gas that require remediation under current governmental standards, and Seller has done nothing to contaminate the Real Estate with hazardous wastes or substances. Seller warrants that the Real Estate 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 sites, hazardous wastes or substances, or underground storage tanks. Seller shall also provide Buyer with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the Real Estate unless disclosed here: None. 10. NOTICE. Notices required, permitted or otherwise given under this Agreement shall be in writing and shall be deemed effective if given to the individuals named below. Notice shall be deemed given upon receipt of personal service, or upon mailing when mailed by first class mail, certified with restricted delivery, return receipt requested, email transmission, or facsimile, to the address provided below: To Buyer: Gilbane Development Company c/o Joseph Moreland 120 East Washington Street Iowa City, Iowa 52240 And Molly M. Stolmeier Gilbane Development Company 5670 Liberton Court Dublin, Ohio 43107 Via Facsimile: (614) 718-2811 Via Email: mstolmeieraa giibaneco.com To Seller: City of Iowa City, Iowa c/o Sara Greenwood Hektoen 410 E. Washington St. Iowa City, Iowa 52240 11. DEED. Upon payment of the Purchase Price at the time of closing, Seller shall convey the Real Estate to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real Estate, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 13. 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. In the event any development cost to be paid by Seller is not complete and paid for at the time of the purchase of the Real Estate, a reasonable portion of the Purchase Price shall be placed in escrow to be applied to the development costs that are to be paid by Seller. 14. ASSIGNMENT. Buyer reserves the right to assign this Agreement to another entity, provided such assignee assumes, in writing, the obligations of Buyer hereunder. Buyer will remain as an obligated party if such an assignment is made. 15. 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 it. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to thein, and the prevailing parties shall be entitled to obtain judgment for costs and attorney fees. 16. GENERAL PROVISIONS. The following general provisions govern this Agreement: A. No waivers. The waiver by either party hereto of any condition or the breach of any tenn, covenant or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. B. Time of essence_ Time is of the essence in this Agreement. C. Governing law. This Agreement is made and executed under and in all respects to be governed and construed by the laws of the State of Iowa. D. Invalidity. If for any reason any term or provision of this Agreement shall be declared void and unenforceable by any court of law or equity it shall only affect such particular term or provision of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto. E. Cg=l,ete agreement. All understandings and agreements heretofore existing between the parties are merged into this Agreement that alone fully and completely expresses their agreement. This Agreement may be changed only in writing signed by both of the parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deed delivered to Buyer at closing. 17. ADDITIONAL PROVISIONS. The following additional provisions will govern this Agreement: in the event that the sanitary sewer main has not been relocated, with the new sewer main commissioned and the old sewer main decommissioned, then this conveyance shall be subject to a sanitary sewer easement agreement, in a form approved by the City Attorney, which shall remain in effect until the new sanitary sewer main is constructed and accepted by the City Council by resolution. SELLER: City of Iowa City, Io i By: Geoff FEAK, City Manager Date: ,, / - F - C" 2 i BUYER: Gilbane Dev p nt an By: Russ6 W. Broderic , Senior Vice President Date: % - Z l 2 Item Number: 8.b. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT July 27, 2021 Resolution setting a public hearing for August 17, 2021, on a proposal to convey a single-family home located at 322 Douglass Court. Prepared By: Brianna Thul, Community Development Planner Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Director Fiscal Impact: The assessed value of 322 Douglass Court at the time of purchase was $102,920. The sales price of the home is $134,000. There will be no impact on the general fund for ongoing operating expenses. Recommendations: Staff: Approval 1 •OZ • I ► /G1 Attachments: 322 Douglass Court Before and After Photos Resolution Executive Summary: On July 27, 2021 City Council will set a public hearing for August 17, 2021 to consider a resolution authorizing the conveyance of 322 Douglass Court as part of the UniverCity Neighborhood Partnership Program. Once this home is sold, this will be the 70th home sold under the program. Background /Analysis: Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 322 Douglass Court for $134,000. The City purchased the home for $100,000. City funds were used to rehabilitate and sell the home to an eligible homebuyer. Renovations include kitchen and bathroom updates, new roof, new wiring throughout including the electrical service, new siding, interior trim, and flooring. The renovations also incorporated items to increase the energy efficiency of the home including a 96% efficient furnace, electric water heater, and Energy Star rated windows and exterior doors. Built in 1955, this house has 832 square feet of living space, includes three bedrooms, one bathroom and is located within walking distance of multiple bus stops and Benton Hill Park. This home is located in a neighborhood where there is a mix of owner -occupied and rental properties. The renovated home will be an asset to the neighborhood and community. Staff recommends approval of the resolution to authorize the conveyance of 322 Douglass Court as part of the UniverCity Neighborhood Partnership program ATTACHMENTS: Description 322 Douglass Court Before and After Photos resolution Before Renovations 40 322 Douglass Court Before and After Photos UniverCity Program ■ r ■ After Renovations e Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 21-216 Resolution setting public hearing for August 17, 2021, on a proposal to convey a single-family home located at 322 Douglass Court. Whereas, the UniverCity Neighborhood Partnership Program is a project to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and Whereas, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and Whereas, the City purchased and rehabilitated a single-family home located at 322 Douglass Court, Iowa City; and Whereas, the City has received an offer to purchase 322 Douglass Court for the principal sum of $134,000; and Whereas, this sale is conditioned on the family securing adequate financing for the purchase of the home. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City Council does hereby declare its intent to convey the home located at 322 Douglass Court, Iowa City, Iowa, for the sum of $134,000. 2. A public hearing on said proposal should be and is hereby set for August 17, 2021, at 6:00 p.m. either at the Assembly Room at The Center, 28 S. Linn Street, Iowa City, Iowa, or Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or at a special meeting called for that purpose. 3. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. Passed and approved this 27th day of July _'2021. Resolution No. 21-216 Page 2 Approved by / G City Attorney' Office (Sue Dulek — 07/21/2021) It was moved by Taylor and seconded by adopted, and upon roll call there were: AYES: NAYS: Salih the Resolution be ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 8.c. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT July 27, 2021 Resolution setting a public hearing on August 17, 2021 on project manual and estimate of cost for the construction of the Muscatine Avenue Pedestrian Crossing Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Marri VanDyke, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $88,000 available in the Muscatine Ave Pedestrian/Transit Amenities account #T3065 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: This item begins the bidding process for the Muscatine Avenue Pedestrian Crossing Project, which includes installing an accessible mid -block crosswalk with pedestrian refuge area on Muscatine Avenue between Wade Street and Williams Street, and construction of pedestrian circulation areas for the installation of new bus shelters. The bus stops will also implement electrically -conductive concrete pavement. Background /Analysis: This project will provide a north -south pedestrian crosswalk in a heavily traveled commercial corridor in which there are very few ADA crosswalks. An MPOJC study identified this location as ideal for a mid -block crosswalk coupled with a pedestrian refuge island. As part of the project, new transit shelters will be installed to further improve pedestrian safety and amenities. Iowa State University researchers are developing electrically -conductive pavement (ECON) for the purpose of keeping roadways clear of ice and snow. ECON is made up of cement, sand, rocks, and one percent carbon fiber. Stainless steel electrodes are spaced evenly within the slab and connected to a power supply. When powered on, the electrodes and carbon fiber conduct electricity, causing the pavement to heat up. Test slabs have been implemented at the Des Moines International Airport and at the Iowa Department of Transportation headquarters south parking lot in Ames, Iowa. The City of Iowa City expressed interest in using ECON for the bus stops in the Muscatine Avenue Pedestrian Crossing Project. The ISU research team assisted in developing the plans and specifications needed for bidding purposes. Successful implementation is expected to result in more efficient and cost-effective snow removal, increased pedestrian safety, and a spurred interest in the innovative technology. Project Timeline: Set Public Hearing — July 27, 2021 Hold Public Hearing —August 17, 2021 Bid Letting — September 14, 2021 Award Date — September 21, 2021 Construction — Fall 2021 — Spring 2022 ATTACHMENTS: Description Location Map Resolution Location Map Muscatine Avenue Pedestrian Crossing Project � JXf { Project V + I nr �4inn G �l cj,30 9E � 230223 _ 30 - .,tom �� .�' •:.:xR r#,'�Y'i� x}•7.7 �} ' •.I I •. 1017 � • F 4 ?? 18 222[1] � JXf { Project V + I nr �4inn Prepared by: Marti VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)3565044 6 G Resolution No. 21-217 Resolution setting a public hearing on August 17, 2021 on project manual and estimate of cost for the construction of the Muscatine Avenue Pedestrian Crossing Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the Muscatine Ave Pedestrian/Transit Amenities account #T3065. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. A public hearing on the project manual and estimate of cost for the construction of the above- mentioned project is to be held either at the Assembly Room at The Center, 28 S Linn Street, Iowa City, Iowa, or Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa on the 17"' day of August, 2021, at 6:00 p.m., or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. 3. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 4. A copy of the project manual and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 27th day of July 2021 Ll�= ( to Ma Approved by Attest: L/ City lerk City Attor y's Office - 07/22/2021 It was moved by Taylor and seconded by salih the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague Thomas _x x Weiner Item Number: 8.d. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT July 27, 2021 Resolution setting a public hearing on August 17, 2021 on project manual and estimate of cost for the construction of the Second Avenue Bridge over South Branch of Ralston Creek Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Melissa Clow, Special Projects Administrator Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost for this project is $890,000.00 and will be funded by the Second Avenue Bridge Reconstruction account #S394 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: The Second Avenue Bridge over South Branch of Ralston Creek Project includes the removal of the existing two-lane concrete bridge and replacement with a new two-lane bridge designed to meet local and state guidelines for traffic and pedestrians, and aesthetics to improve and enhance the neighborhood views of the creek. This work will allow for improved streambank stabilization upstream and downstream of the new bridge, including channel reconstruction to the north to improve creek hydraulics and prevent further erosion. A new, five-foot sidewalk on the east side of Second Avenue will connect the existing sidewalk south of F Street to the Court Hill Trail on the north side of the bridge. The bridge itself will have two 13'-0" travel lanes, a traffic barrier rail separating pedestrians from vehicles and five-foot walks on both sides, allowing for a future sidewalk extension on the west side of Second Avenue. Existing dead-end water main to the north and south of the bridge will be connected through the new bridge deck, storm sewer improvements and abandonment of existing sanitary sewer that is no longer in use will also be completed with the project. Background /Analysis: The 2019 biannual bridge inspection rated the deck and super structure of the Second Avenue bridge in serious condition and replacement was recommended. The streambank channel is also noted as having widespread minor damage with bank slump. The deck is spalling, has cracks and delamination is occurring. The bridge is posted with a 10 -ton weight embargo due to its current condition. Currently, there is also no traffic barrier separating pedestrians from vehicles. Impacts to Creekside Trail will be minimized as much as possible during construction, utilizing a temporary travel surface or a marked detour route. Project Timeline: Set Public Hearing: July 27,2021 Hold Public Hearing: August 17, 2021 Bid Letting: September 21, 2021 Award Project: October 5, 2021 Construction: Fall 2021 — Fall 2022 ATTACHMENTS: Description Location Map Resolution 0 GRAPHIC SCALE 50 100 Feet 'r � = I I I I � PROPOSED REMOVE AND R PL, CE i STORM SEWER yR EXISTING TRAIL x X RALSTON CREEK 7-0 RJM�VE 'AND REPLACE PROPOSED �EXISTING BRIDGE WATER MAIN i �- - L --L - PROPOSED STREAMBANK I . Is STABILIZATI .04 ui > PROPOSED C) SIDEWALK N II I� L-7 .41 Imo, r � - _ . _,: _ F STREET 7 J PROJECTDATE 03/15/2 1 DRAWING TITLE Shoemaker 2ND AVENUE BRIDGE DRAWN GFS PUBLIC MEETING h Haaland OVER RALSTON CREEK CHECKED GFF T www.shoemaker-haaland.com APPROVED GFF 319-286-8888 1 PROJECT NO. 19090 CITY OF IOW Prepared by: Melissa Clow, Engineering Division, 410 E. Washington St, Iowa City, IA 52240,(319)356-55413 8GGA J Resolution No. 21-218 Resolution setting a public hearing on August 17, 2021 on project manual and estimate of cost for the construction of the Second Avenue Bridge over South Branch of Ralston Creek Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the Second Avenue Bridge Replacement account # S3949. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. A public hearing on the project manual and estimate of cost for the construction of the above- mentioned project is to be held either at the Assembly Room at The Center, 28 S Linn Street, Iowa City, Iowa, or Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa on the 17th day of August, 2021, at 6:00 p.m., or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. 3. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 4. A copy of the project manual and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 27th day of July 2021 Mayor Approved b Attest: City Clerk City Attofneys Office - 07/22/2021 It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: Nays: Salih the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner July 27, 2021 ATTACHMENTS: Description Competitive Quotation Memo Item Number: 9.a. r �NX=r CITY OF IOWA CITY N. �n� MEMORANDUM Date: July 20, 2021 To: Geoff Fruin, City Manager From: Jason Havel, City Engineer _-T-A14 Re: Competitive Quotation Results 2021 City of Iowa City Parking Garages Maintenance and Repair Competitive quotations for the 2021 City of Iowa City Parking Garages Maintenance and Repair Project were opened on June 17, 2021 and the following quotes were received: Western Waterproofing Co. West Des Moines, IA $ 129,064.00 Bi -State Masonry Rock Island, IL $ 141,509.00 Engineer's Estimate $ 108,000.00 The project generally includes concrete repair, weld tie repair, sealant replacement, and other miscellaneous items at the Capitol Street and Dubuque Street Parking Garages, Public Works and Engineering recommended and the City Manager awarded the contract to Western Waterproofing Co. of West Des Moines, Iowa. The project will be funded with Account #T3004. Beer Creek Storm Sewer Repair Competitive quotations for the Beer Creek Storm Sewer Repair Project were opened on June 11, 2021 and the following quotes were received: All American Concrete West Liberty, IA $ 68,203.00 Dennis Spencer Construction Tiffin, IA $ 86,190.00 Engineer's Estimate $ 44,000.00 The project will remove and replace existing damaged storm sewer pipe, intakes and manholes on the Beer Creek Storm Sewer located in the alley on the north side of the City -owned parking lot in the 300 Block of East Market Street, Public Works and Engineering recommended and the City Manager awarded the contract to All American Concrete of West Liberty, Iowa. The project will be funded with Account #M3631. Item Number: 13. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT July 27, 2021 Resolution approving project manual and estimate of cost for the construction of the Transit Maintenance Facility Bus Charging Stations Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Scott Sovers, Assistant City Engineer Reviewed By: Darian Nagle-Gamm, Transportation Services Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $210,000, available in the Transit Replacement Reserves — Buses account #71810280 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the Transit Maintenance Facility Bus Charging Stations Project. The project generally includes a new electrical utility service and associated electrical distribution equipment at the Transit Maintenance Facility for supplying power to electric bus charging equipment. Background /Analysis: In 2020, the City of Iowa City was awarded $3,017,280 in Low -No Program grant funding to procure four (4) Proterra ZX5 40 -foot Battery Electric Buses, three (3) dual 180 kW chargers and associated infrastructure improvements required to charge the vehicles. Each charging station is capable of charging two buses at the same time, allowing for additional expansion at our current location. The bus charging station project will include coordination with MidAmerican to upgrade our current utilities infrastructure to support the stations required to charge the new buses, and installation of the equipment. The electric bus chargers and associated equipment can be moved to another location should a new transit facility be constructed. The project manual and estimate of cost for the Transit Maintenance Facility Bus Charging Stations Project have been filed in the Office of the City Clerk for public examination. Project Timeline: Public Hearing — July 27, 2021 Bid Letting —August 10, 2021 Award Date —August 17, 2021 Construction Start Date — August 30, 2021 Construction Final Completion Date — October 29, 2021 ATTACHMENTS: Description resolution jS Prepared by: Scott Sovers, Asst. City Engineer, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5142 Resolution No. 21-219 Resolution approving project manual and estimate of cost for the construction of the Transit Maintenance Facility Bus Charging Stations Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Transit Replacement Reserves - Buses account # 71810280. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 10`h day of August, 2021. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held either at the Assembly Room at The Center, 28 S Linn Street, Iowa City, Iowa, or Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa at 6:00 p.m. on the 17�h day of August, 2021, or at a special meeting called for that purpose. If City Hall is closed to the public due to the health and safety concerns from COVID-19, sealed bids may still be delivered in person on Mondays through Fridays 8:00 am to 5:00 pm. The person delivering the sealed bid may come to the front lobby of City Hall, 410 E. Washington St., Iowa City, Iowa, and upon arrival telephone the City Clerk at 319/356-5043. 5. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. Resolution No. 21_219 Page 2 Passed and approved this 27th day of 2021. Kms- 1-1—° N Mayo Attest: City Jerk Approved b City Att meys Office (Sue Dulek — 07/20/2021) It was moved by Taylor and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 14, r CITY OF IOWA CITY llf COUNCIL ACTION REPORT July 27, 2021 Resolution approving project manual and estimate of cost for the construction of the Orchard Street Reconstruction Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared Marri VanDyke, Civil Engineer By: Late Handouts Distributed Reviewed Jason Havel, City Engineer By: Ron Knoche, Public Works Director Geoff Fruin, City Manager _ -7 _ Z Fiscal $1,220,000 available in the Orchard Street Reconstruction Project -t Impact: account #53954 Date Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: This item begins the bidding process for the Orchard Street Reconstruction Project, which includes pavement reconstruction between Benton Street and Highway 1, sidewalk infill along the east side of Orchard Street, and water main, storm sewer, and sanitary sewer improvements. Background 1 Analysis: Orchard Street has deteriorated beyond the point of rehabilitation, and full reconstruction is necessary between Benton Street and US Highway 1. Sidewalk infill will also be completed along the east side, south of Douglass Street. New water main and storm sewer will be installed south of Douglass Street, and new sanitary sewer will be installed north of Douglass Street. Project Timeline: Hold Public Hearing - July 27, 2021 Bid Letting - August 1-&11, 2021 Award Date - August 17, 2021 Construction - August 2021 - September 2022 ATTACHMENTS: Description Location Map Resolution Item Number: 14. CITY OF IOWA CITY qr COUNCIL ACTION R ORT July 27, 2021 Resolution proving project manual and estimat/ofc t for the construction o theOrchard Street Reconstructiot, establishing amount of bid s curity to accompany each bid, dCity Clerk to post notice to biddersnd fixing time and place for rbids. Prepared By: Marri\W/ Civil Engineer Reviewed By: Jasoity EngineerRon ublic Works Dir ctorGeoffy ManagerFiscal Impact: $1,22ilable in th rchard Street Reconstruction Project account #S39Recommendations: Staff:Com/A Attachments: Location Map Resolution Executive Summary: This item begins the biddin process for the c includes pavement reconstr tion between Bentot east side of Orchard Stre , and water main, storm Bac round /Analy s: \ Orcharkgd Street ha deteriorated beyond the point of necessary betwee Benton Street and US Highway 1. S the east side, so th of Douglass Street. New water main Douglass Stre t, and new sanitary sewer will be installed P roject Hold P lic Hearing — July 27, 2021 Bid tting —August 10, 2021 Award Date —August 17, 2021 Construction —August 2021 — September 2022 ATTACHMENTS: Description Street Reconstruction Project, which and Highway 1, sidewalk infill along the and sanitary sewer improvements, tation, and full reconstruction is infill will also be completed along -m sewer will be installed south of Douglass Street. Location Map Resolution Location Map Orchard Street Reconstruction Project A, Prepared by: Mard VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5044 Resolution No. 21-220 Resolution approving project manual and estimate of cost for the construction of the Orchard Street Reconstruction Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Orchard Street Reconstruction Project account # S3954. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 111h day of August, 2021. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held either at the Assembly Room at The Center, 28 S Linn Street, Iowa City, Iowa, or Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, at 6:00 p.m. on the 17'' day of August, 2021, or at a special meeting called for that purpose. If City Hall is closed to the public due to the health and safety concerns from COVID-19, sealed bids may still be delivered in person on Mondays through Fridays 8:00 am to 5:00 pm. The person delivering the sealed bid may come to the front lobby of City Hall, 410 E. Washington St., Iowa City, Iowa, and upon arrival telephone the City Clerk at 319/356-5043. 5. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. Resolution No. 21-220 Page 2 Passed and approved this 27th day of July 2021. �ieGL May ro Approved by Attest: City Jerk City Atto ey's Office — 07/19/2021 It was moved by Thomas and seconded by Taylor the Resolution be adopted, and upon roll call there were Ayes x Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 15. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT July 27, 2021 Resolution approving the preliminary operational budget for the the Ad Hoc Truth and Reconciliation Commission that runs from July of 2021 through December of 2021. Prepared By: Stefanie Bowers, Human Rights Coordinator Reviewed By: Sue Dulek, First Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: Preliminary Operational Budget is $337,500 from July 2021 - December 2021. Recommendations: Staff: No Recommendation Commission: The Ad Hoc Truth & Reconciliation Commission approved this preliminary operational budget at its meeting of July 8, 2021 by a vote of 8-0 (Commissioner Daniels not present). Attachments: Resolution Preliminary Operational Budget (July 1, 2021 - December 31, 2021) Executive Summary: This resolution approves the preliminary operational budget submission for the Ad Hoc Truth & Reconciliation Commission from July 1, 2021 - December 31, 2021. The budget is submitted pursuant to Resolution 20-228 that established the Ad Hoc Commission. Background /Analysis: On September 16, 2020, the City Council established the Ad Hoc Truth & Reconciliation Commission (see Resolution 20-228) to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/ or renaming public spaces and/ or rights of way in honor of the Black Lives Matter movement. As part of Resolution 20-228, the Ad Hoc Truth & Reconciliation Commission (TRC) is required to recommend to City Council a preliminary operational budget for funds needed to carry out the charges of the TRC beyond what existing City staff, programs, and services can provide. The City Council committed to allocate City funds of $1,000,000 to support Resolution 20-159, which includes a variety of initiatives, among them the Ad Hoc Truth & Reconciliation Commission. ATTACHMENTS: Description resolution Preliminary Budget Kellie Fruehling From: AJ <fivecaloriebanjo@yahoo.com> Sent: Sunday, July 25, 201 5:35 PM To: *City Council Late Handouts Distributed Subject: TRC compensation -7 - 24, - Z-1 t (Date) RI$K Dear City Council, I am writing to encourage the City Council to approve the request from The TRC's proposed budget to pay the Commissioners. This is an important precedent to set as it not only directly shows how our Iowa City values marginalized voices who create the time and and are vulnerable publicly (with the most to lose) in sharing their voice, experience, expertise and ideas, but it also sets and invites an example paving the way for MORE folks to consider engaging speaking up, out and doing important and very (re)traumatizing, necessary WORK that only they can shed light on. Furthermore, it sets an example to other communities looking to explore how to actually elevate voices that for far too long have not and have not been allowed to speak. A challenge I have often times heard different city departments express is gaining feedback from marginalized populations—the TRC is a vehicle that could actually directly assist with this ongoing challenge. And, like any new solution it needs to be invested in if it's going to become a sustainable opportunity and resource that offers the valuable information the City seeks. This mean a paying people for their valuable insight and time. There are SO many people who do incredible things and don't get paid. There are also many who try and fail and do get paid. I can imagine for the TRC Commissioners the amount of courage it takes and commitment to put so many other things in their lives on hold, jeopardize the family -work -sanity balance to be the folks to do the heavy lifting. I've witnessed and experienced myself how those marginalized individuals in iowa City over the years not getting paid (or not getting paid enough!) often times burnout, feel under appreciated and leave the community, sometimes offend those others trying to do the work (but who simply are unable to relate) and have negative backlash and take the brunt of the effect. The way we in Iowa City express value cannot be in just a plaque, trophy, certificate or medal. It cannot be simply a pat on the head, shoulder or back. It cannot be a high -five, "good job", or "great work". No longer can value be given only with verbal or public recognition, it must be in the form of investment, commitment and if its a new path or new behavior it WILL be controversial and possibly uncomfortable especially for those accustomed to being in power or those used to and accepting of "how it's always been". We need to change. We need to do things differently and better. In my opinion, it'll feel weird, uncomfortable or different because it is. Paying people to do the TRC Commission work they are already willing and wanting (and quite frankly only ones qualified) to do is an investment in the sustainability of the change we SAY we seek and want to elevate and support in Iowa City. We've never done this before— paying commissioners, and I believe THAT 180 degree turn means we are heading in a very different direction from our norm and familiar and should be the direction of unknown that we embrace and invest in because it is not more of the same things that we already know and understand are not working. Please consider voting to approve and support this ad hoc commission's work through supporting their budget as that act alone is direct action to investing in truth and reconciliation and creates new spaces for new voices to be able to bring their own truth into the awareness and light that is often not been a safe or reliable place that authentically and sustainably exists in our community. Those spaces that do exist have never looked anything like the make up of this brave TRC Commission, and I for one of Iowa City's South District residents am inspired and empowered, I feel less alone knowing our City will put its money where its mouth is and directly act in alignment with our verbally expressed commitment of sustainable, authentic inclusivity. This is an opportunity we cannot afford to miss as it is an investment, a very powerful public investment in the very fabric of our values here in Iowa City, Iowa. Thank you for your time and consideration. Respectfully, Angie Jordan Sent from Yahoo Mail for Whone Kellie Fruehling From: Temple Hiatt <templehiatt@yahoo.com> Sent: Sunday, July 25, 2021 10:05 PM To: *City Council Late Handouts Distributed Subject: RE: TRC Stipend -7- 24 - 2I i (Date) Dear City Council members, I am writing in support of the Ad Hoc Truth & Reconciliation Commission's budget request to include a stipend for each Board Member. My initial response, like many, was that's simply not something we've done. Then again, if we want to truly achieve something we've never done before, we need to DO something we've never done before. I don't know the members well, but I have had many interactions with Eric Harris. I value Eric Harris and the contributions he continues to make in our community. I value his lived experiences, his voice, and the relationships he has developed within the South District. Some may suggest that once one Commission receives a stipend, they all should. I don't think so, but ultimately, that decision will be up to the Council and I trust you to make those decisions. The TRC is a very unique Commission, with a specific purpose that needs to be accomplished within a specific time frame. We need people of color who are valued within our community and who are willing to be vulnerable to do the work of the TRC. If paying these Board Members is what we need to do to eliminate a barrier that keeps an Eric Harris or a Wangui Gathua on this Commission, we should do it wholeheartedly and without hesitation. Sincerely, Temple Hiatt SIS Kellie Fruehling From: Jay Honohan <honohan@hebblaw.com> Sent: Tuesday, July 27, 2021 10:31 AM To: *City Council Late Handouts Distributed Subject: TRC request -7-2T-z-1 t (mate) Fxisrc Mr. Mayor and Iowa City Council apologize for not attending the Council meeting tonight. My wife and I are still concerned about Covid and going to places where unvaccinated people may be present. First my bona fides for those who do not know me. I have served on three ad hoc committees when Neal Berlin was City Manager. l have served on the Senior Center Commission for 18 years, 17 as chairman. I prepared and filed the tax exemption IRS forms for the Friends of the Center the Senior Center Foundation and served as President for 17 years. I have also been a volunteer attorney at the Senior Center once a month for 19 years. I have never been compensated nor ever expected to be compensated for my efforts. I volunteered to help my peers and Iowa City. No brag just facts. Members of the Planning and Zoning, the Parks and Recreation Commission, the Airport Commission, and the Human Rights Commission it is my understanding have never been compensated for their efforts. When it was formed it was my understanding that the TRC members appointed were volunteering in their role as members of TRC to help assist the City Council in implementing some changes in Iowa City along racial lines. oppose the proposed TRC request for a salary and meeting payments. think it unwise and out of character for Iowa City Commissions and not in line with the communities volunteer history. Jay H. Honohan 1510 Somerset Ln Iowa City, Iowa 52240 (319) 338-6990 Kellie Fruehling From: vollenj9@aol.com Sent: Tuesday, July 27, 2021 11:51 AM Late Handouts Distributed To: *City Council Subject: Paying a commission. (Date) ARI!S� Dear Council Members, I was reading in today's Press Citizen that the commission that was appointed to oversee the police department is asking to be paid for meetings they have. They are even asking for back pay for some members. These are voluntary appointments and they do not have to serve. These are not city jobs that they had to apply for. Also, there are 27 other commissions that are not receiving any pay for the work they do. This would be a bad precedent for the city to set. I urge you to vote no on this spending request. Sincerely, John Vollenweider Brown Deer Place 1500 1 st. Ave. Apt. 46 Coralville, Iowa 52241 Kellie Fruehlina From: kate Moreland <katemoreland21 @gmail.com> Sent: Tuesday, July 27, 2021 12:02 PM Late Handouts Distributed To: *City Council Subject: TIBC Vote Good afternoon, (Date) I am writing in support of the compensation request for the TRC commission members. The work of this commission is incredibly important to our overall community's future. We are asking our marginalized community members to work to correct systemic racial injustice that they themselves have been victims of. I would also be in support of reviewing the policy for other commission if appropriate. It understanding there are county commissions where members are compensated already. I encourage the council to approve these funds to show commitment to this critical work, recognize them for their commitment and allow for them to be supported to do this critical and transformative work. Kate Moreland This email is from an external source. Handout From Bennet Brown at Council Mtg Traffic StoDs 2018 Each dot = 1 ICPD officer Stop 1000- 0 U1 4- 0 i- aj E 500- s per year vs. Racial Disparity • i 0 FL , JUL 2 i 2021 City Clerk Iowa City, Iowa •* 0 • 1 0 * • 0, o 2 4 Officer is X times more likely to stop driver if Black. At heavy black lire, officer's stops match traffic demographic Source: adapted from Figure 8, Iowa City police Traffic Study, June 2019. • w 0 FL , JUL 2 i 2021 City Clerk Iowa City, Iowa •* 0 • 1 0 * • 0, o 2 4 Officer is X times more likely to stop driver if Black. At heavy black lire, officer's stops match traffic demographic Source: adapted from Figure 8, Iowa City police Traffic Study, June 2019. Deferred to 8/17/21 Prepared by: Stefanie Bowers, Human Rights Coordinator, Office of Equity & Human Rights, 410 E. Washington St., Iowa City, IA 52240 (319)356-5022. Resolution No. Resolution approving the preliminary operational budget for the Ad Hoc Truth and Reconciliation Commission that runs from July of 2021 through December of 2021. Whereas, the City Council established the Ad Hoc Truth and Reconciliation Commission on September15, 2020; and Whereas, the Ad Hoc Truth and Reconciliation Commission is required to recommend to City Council a preliminary budget for funds needed to carry out the charges of the TRC beyond what existing City staff, programs, and services can provide; and Whereas, the Ad Hoc Truth and Reconciliation Commission approved this preliminary budget submission at its meeting of July 8, 2021 by a vote of 8-0. Now, therefore, be it resolved that the City Council of the City of Iowa City hereby approves the preliminary budget for the Ad Hoc Truth and Reconciliation Commission attached hereto that runs from July 2021 through December 2021. Passed and approved this day Mayor Attest: City Clerk 2021. Approved by City Att ey's Office — 07/22/2021 It was moved by and seconded by adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be i5. Expenses General Budget July Aug Sept Oct Nov Dec Totals[through December 2021) 9000 „ $40 $22.500 $22,500 Q iiiiiCommission Stipentl ($1000/persoNmontA) 1 $9.0001 9,000 $9,000 $9,000 $9,000 ODO $51,000 QQQQ Faclitator $6,00 $6,000 $6,000 $6,0006000 , $30,000,$ Experts/Training 1 $18,00 $18,00 1 $36100 ndeercbir�oatrYaa $3,0 $3,5001 $3,500 $3,5 $17,500300 wxaapnerbl $00 $3,500 $3,500 $3,500 $3,600 $17,500 Q Transportation for[Necessary] participants $500 $500 $500 $500 $500 $2,500 Backpay for'pre.TRC pause' Commissioners $500 per meeting attended $27,000 $27000 Q Backpay for 'post -TRC pause"Commissioners $23,000 $23,000 OwrY To1N $59.000 $10,500 310.500 $23.500 $22.500 $22.500 5207.500 Subcommittee Budget Outlirw $0 $10.000 $30,000 $30.000 $30.ODO $30.000 Q Researcher Pay $2,000 $2,0007S30.DWS30 0 $8,000 Q Collaboratum/Consultants $2,000 $2,0000 $8,000 Q Materials/Miscellaneous $1,000 $1,000 $1,00000 $5,000 Transportation for[Necessary) Participants $1,000 $1,000 $1,00000 $5,000 ❑ 7 $0 Cl 7 50 Subcommitee Budget Total ryomWMagswoarwuan.00aammmw� $10,000 $30.000 $30.00000 5150,Y00' Housing, Policing, Healthcare, Sustainability Item Number: 17. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT July 27, 2021 Resolution assessing $300.00 civil penalty against Liquor Downtown Prepared By: Kathleen Thornton, Admin. Sec'y City Attorney's Office Reviewed By: Eric Goers, City Attorney Geoff Fruin, City Manager Fiscal Impact: non Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Iowa Code section 453A.22(2) provides that, after a hearing, a civil penalty shall be assessed when an employee of a retailer violates Iowa Code Section 453A.2(1) by selling or providing tobacco to a minor. This hearing is the time designated for the Council to consider whether to assess such a civil penalty against Liquor Downtown, 315 S. Gilbert Street, Iowa City. The civil penalty for a first violation within a two-year period is $300.00. Background /Analysis: ATTACHMENTS: Description Resolution Prepared by: Eric Goers, Assistant City Attomey, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 21-221 Resolution assessing $300.00 civil penalty against Liquor Downtown Whereas, on June 16, 2021 an employee of Liquor Downtown, 315 S. Gilbert Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and Whereas, at the time of the violation, Liquor Downtown was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2) and §453A.47A(11), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice; and Whereas, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Liquor Downtown and at said hearing the City Council heard the facts of the violation and the arguments of the retailer, if any; and Whereas, this violation is the first such violation of an employee of Liquor Downtown within a two year period to be considered by the City Council under Iowa Code §453A.22(2). Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council, after notice and hearing, pursuant to Iowa Code §453A.22(2) and §453A.47A(11) hereby imposes a civil penalty in full, and if the civil penalty is not timely paid any applicable permit held by the retailer shall automatically be suspended for a period of (14) days, in addition to the $300.00 civil penalty. Be it further resolved, that the City Clerk will forward a copy of this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this 27thay of July 2021. ( CO- 4Ydr Approved by Attest: C I 10 (16 '0" Cit Clerk J City Attor ey's Office - 07/22/2021 Resolution No. 21-221 Page No. 2 It was moved by salih and seconded by Weiner Resolution be adopted, and upon roll call there were: Ayes: Nays: x Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the