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Home My WebLink About2011-06-07 ResolutionCR A Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 11-185 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Zombies Tobacco Outlet, LLC, dba Zombies Tobacco Outlet, 318 E. Burlington St. Eric and Nick Vance dba Venomous Glass Works, 1141 E. College St. Paradise Tobacco & Glass Werks, LLC, dba Paradise Tobacco & Glass Werks, 440 A Kirkwood Ave. Passed and approved this z th day of June , 20 11 A4qA- 5-q MAYOR Approved by ATTEST: /104 -�,r tztzT CIT ERK City Attorney's Office t t It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: Bailey Champion X X Dickens Hayek X Mims _X Wilburn X Wright M� M3e Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -186 RESOLUTION SETTING PUBLIC HEARING FOR JUNE 21, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1207 MUSCATINE AVENUE. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -five single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 1207 Muscatine Avenue, Iowa City; and WHEREAS, the City has received an offer to purchase 1207 Muscatine Avenue for the principal sum of $199,000; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 1207 Muscatine Avenue, Iowa City, Iowa, also known as part of Lots 3 and 4, Carson's Subdivision, for the sum of $199,000. 2. A public hearing on said proposal should be and is hereby set for June 21, 2011, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 11 -186 Page 2 It was moved by ('hampi nn and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Dickens the Resolution be x Bailey x Champion x Dickens x Hayek x_ Mims x Wilburn x Wright Passed and approved this 7th day of June , 2011. A,�J- MAYOR ATTEST: C" RK Approved by S ' a S' -it City Attorney's Office M� 06 -07 -11 3e (2L Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -187 RESOLUTION SETTING PUBLIC HEARING FOR JUNE 21, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1551 DICKENSON LANE. WHEREAS, in 1998, the City gave a HOME /CDBG loan to Swenson & Associates to buy three lots to build three homes, including a home at 1551 Dickenson Lane; and WHEREAS, Swenson & Associates was unable to finish the project and deeded all three lots back to the City in lieu of foreclosure in 2000; and WHEREAS, one month later Swenson & Associates deeded 1551 Dickenson Lane to Susan Goodwin with the City's approval, making the City's previous deed a "stray deed "; and WHEREAS, due to oversight, the "stray deed" was never addressed and corrected; and WHEREAS, Susan Goodwin is in the process of selling 1551 Dickenson Lane and the new buyer's attorney has requested that the City issue a warranty deed to address the issue of the "stray deed ". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The City Council does hereby declare its intent to convey a single family home located at 1551 Dickenson Lane, Iowa City, Iowa, also known as Lot 100, Southpointe Addition, Part 5, Iowa City. 2. A public hearing on said proposal should be and is hereby set for June 21, 2011, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 11 -187 Page 2 It was moved by Champion and seconded by Dickens adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Passed and approved this 7th day of June Approved by (�--dS7-(( City Attorney's Office Lk~� MAYOR Bailey Champion Dickens Hayek Mims Wilburn Wright 2011. the Resolution be ATTEST: ` e CIT L -ERK U =3e Prepared by: Dave Panos, Civil Engineer, 410 E, Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 11 -188 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 21, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH MARKET SQUARE PARK IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the North Market Square Improvement Project account #4320. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 21st day of June, 2011, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 7th day of June , 2011. / '•' 1 L X I IN I M ATTEST: City bterk Approved by: + City Attorney's Office 3i 1j Resolution No. 11 -188 Page 2 It was moved by champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: — x x x x x x x wpdata /glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright rUb-07-1 I 3e(4) Prepared by: Ed Moreno, Public Works, Water Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5162 RESOLUTION NO. -189 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 21, 2011, ON AN ORDINANCE AMENDING CITY CODE TITLE 16, CHAPTER 3, CONNECTION TO DISTRIBUTION MAIN, ARTICLE C, SECTION 3, AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING. WHEREAS, the Water Division recommends amending the City Ordinance - Section 16 -3C -3 to address water service maintenance and shutoff issues to multi - family units with only one stop box and multiple meters and to allow more flexibility with regard to the billing for existing multi- family units with no common utility space; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing is to be held on the 21 st day of June, 2011, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa , or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the ordinance is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 7th day of June , 20 11 Mayor Approved by ATTEST: CITrte - RK City Attorney's Office Resolution No. 11 -189 Page 2 It was moved by Champion and seconded by DickenG the Resolution be adopted, and upon roll call there were: AYES: x X x x x x wpdata/glossary/resol ution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by: Eric R. Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -190 RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 21, 2011, REGARDING THE INTENT TO ENTER INTO A LEASE AGREEMENT WITH THE UNIVERSITY OF IOWA. WHEREAS, the City of Iowa City, and the University of Iowa entered into a Lease for 7,995 square feet of space in the basement of the Iowa City Public Library for the period of July 11, 2007 through June 30, 2010, with two 1 -year option periods; and WHEREAS, the University of Iowa wishes to add two additional 1 -year option periods, from July 1, 2012 through June 30, 2013 and July 1, 2013 through June 30, 2014; and WHEREAS, a lease of this period of time requires the holding of a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City does hereby declare its intent to enter into the above - referenced amendment to the lease agreement. 2. A public hearing on said proposed amendment to the lease agreement should be and is hereby set for June 21, 2011 at 7:00 p.m. in Emma Harvat Hall, City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 7th day of Tune , 2011. MAYOR ATTEST: CIT ERK Approved by � 6 City Attorney's Office Resolution No. 11 -190 Page 2 It was moved by Champion and seconded by n; ckens _ the Resolution be adopted, and upon roll call there were: AYES: X x x x x x wpdata /glossary/resolution -ic. doe NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright A4,1y 3f(1) Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5053 RESOLUTION NO. 1 1 —1 91 RESOLUTION NAMING DEPOSITORIES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. University of Iowa Community Credit Union Freedom Security Bank Farmers & Merchants Savings Bank Liberty Bank First American Bank Two Rivers Bank & Trust 500 Iowa Avenue Iowa City, IA 52244 -2240 140 Holiday Rd. Coralville, IA 52241 1550 S. Gilbert St. Iowa City, IA 52240 6400 Westown Parkway Des Moines, IA 50266 1207 Central Avenue Fort Dodge, IA 50501 222 N. Main Street Burlington, IA 52601 Cedar Rapids Bank & Trust 500 1st Ave NE, Ste 100 Cedar Rapids, IA 52401 Same Same Same 205 E College Iowa City, IA 52240 640 Highway 1 West Iowa City, IA 52246 805 22nd Avenue Coralville, IA 52241 Same Passed and approved this 7th day of June , 2011 50,000,000.00 15,000,000.00 15,000,000.00 25,000,000.00 35,000,000.00 10,000,000.00 20,000,000.00 50,000,000.00 15,000,000-00 15,000,000.00 25,000,000.00 35,000,000-00 10,000,000.00 20,000,000.00 AOL MAYOR '�%),, � App ved by /s ATTEST: `l// t2l CITY CLERK City Attorney's Office S: \FIN \TREAS \BRIAN \bank resolution.xls Maximum Balance Maximum Balance Depository in effect under in effect under Name Location of Home Office Local Location prior resolution this resolution U.S. Bank N.A. 800 Nicollet Mall 204 East Washington St. 65,000,000.00 65,000,000.00 Minneapolis, MN 55402 Iowa City, IA 52240 MidWestOne Bank 102 S. Clinton St. Same 35,000,000.00 75,000,000.00 Iowa City, IA 52244 -1700 Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. 25,000,000.00 25,000,000.00 Hills, IA 52235 Iowa City, IA 52240 Regions Bank P.O. Box 387 501 12th Ave, Ste 100 35,000,000.00 35,000,000.00 Memphis, TN 38147 -0001 Coralville, IA 52241 West Bancorporation, Inc. 1601 22nd St., Suite 209 229 South Dubuque 35,000,000.00 35,000,000.00 West Des Moines, IA 50266 Iowa City, IA 52240 Bank of the West P.O. Box 73850 301 S. Clinton St. 75,000,000.00 75,000,000.00 Cedar Rapids, IA 52407 -3850 Iowa City, IA 52240 Wells Fargo Bank, N.A. 666 Walnut St. 112 S Dubuque St 50,000,000.00 50,000,000.00 Des Moines, IA 50309 Iowa City, IA 52240 University of Iowa Community Credit Union Freedom Security Bank Farmers & Merchants Savings Bank Liberty Bank First American Bank Two Rivers Bank & Trust 500 Iowa Avenue Iowa City, IA 52244 -2240 140 Holiday Rd. Coralville, IA 52241 1550 S. Gilbert St. Iowa City, IA 52240 6400 Westown Parkway Des Moines, IA 50266 1207 Central Avenue Fort Dodge, IA 50501 222 N. Main Street Burlington, IA 52601 Cedar Rapids Bank & Trust 500 1st Ave NE, Ste 100 Cedar Rapids, IA 52401 Same Same Same 205 E College Iowa City, IA 52240 640 Highway 1 West Iowa City, IA 52246 805 22nd Avenue Coralville, IA 52241 Same Passed and approved this 7th day of June , 2011 50,000,000.00 15,000,000.00 15,000,000.00 25,000,000.00 35,000,000.00 10,000,000.00 20,000,000.00 50,000,000.00 15,000,000-00 15,000,000.00 25,000,000.00 35,000,000-00 10,000,000.00 20,000,000.00 AOL MAYOR '�%),, � App ved by /s ATTEST: `l// t2l CITY CLERK City Attorney's Office S: \FIN \TREAS \BRIAN \bank resolution.xls Resolution No. 11-191 Page ____L - It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x x —x wpdata/g I ossa ry/resolu tion-ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright =if( Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 11 -192 RESOLUTION ACCEPTING THE WORK FOR THE 2010 MUSCATINE AVENUE WATER MAIN REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2010 Muscatine Avenue Water Main Replacement Project, as included in a contract between the City of Iowa City and Carter and Associates, Inc. of Coralville, Iowa, dated May 18, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Muscatine (2300 -2600 Blocks) account # 3277; and WHEREAS, the final contract price is $392,826.45. 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 7th day of June , 20 11 OR Approved by ATTEST: �. il`" • `�C�1•l�1G CITY-CLERK It was moved by Champion and seconded by adopted, and upon roll call there were: A s Dickens the Resolution be AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek Mims _x_ x Wilburn _ x Wright pweng /res /acptwrk- muscwatermai n.doc r ^` CITY OF IOWA CITY MEMORANDUM Date: May 27, 2011 To: Tom Markus From: Ron Knoche, City Engineer Zx- Re: Final Acceptance of Public Improvements The following are costs associated with the Capital Improvement Projects being presented for acceptance at the June 7th Council meeting: 1) 2010 Muscatine Avenue Water Main Replacement Project Contractor., Carter & Associates, Inc. ❖ Project Estimated Cost: $ 525,000.00 ❖ Project Bid Received: $ 304,760.00 ❖ Project Actual Cost: $ 392,826.45 2) 2010 Storm Sewer Improvements Project Contractor.' Bockenstedt Excavating, Inc. Project Estimated Cost: $ 64,000.00 ❖ Project Bid Received: $ 45,475.00 ❖ Project Actual Cost: $ 43,965.75 3) Parking Ramp Door Replacement Capital Street & Dubuque Street Ramps Contractor.- Selzer Werderitsch ❖ Project Estimated Cost: $ 86,000.00 ❖ Project Bid Received: $ 47,000.00 ❖ Project Actual Cost: $ 61,029.00 4) Mercer Park Aquatic Center Solarium Replacement Project Contractor- Apex Construction ❖ Project Estimated Cost: $ 251,700.00 ❖ Project Bid Received: $ 196,700.50 ❖ Project Actual Cost: $ 205,026.12 cc: Rick Fosse L_3f(3) Prepared by: Brian Boelk, PW /Eng., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5437 RESOLUTION NO. i i -i 9i RESOLUTION ACCEPTING THE WORK FOR THE 2010 STORM SEWER IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2010 Storm Sewer Improvements Project, as included in a contract between the City of Iowa City and Bockenstedt Excavating, Inc. of Iowa City, Iowa, dated December 14, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineering office; and WHEREAS, funds for this project are available in the Stormwater Management account # 7700- 580100; and WHEREAS, the final contract price is $43,965.75. 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 7th day of ATTEST: .fit - -) � + CIT`� RK une A(V 61 4 MAYOR Approved by It was moved by Chamgion and seconded by adopted, and upon roll call there were: 2011 City Attorney's Office 011111 Dickens the Resolution be AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright pweng/ res /acptwork2010stormwtrmgmt.doc =if(4) Prepared by: Kumi Morris, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 11-194 RESOLUTION ACCEPTING THE WORK FOR THE PARKING RAMP DOOR REPLACEMENT CAPITOL STREET AND DUBUQUE STREET RAMPS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Parking Ramp Door Replacement Capitol Street and Dubuque Street Ramps, as included in a contract between the City of Iowa City and Selzer Werderitsch Associates of Iowa City, Iowa, dated April 14, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Capitol Street/Dubuque Street Ramps, Doors and Windows Replacement account #3013 - 510800; and WHEREAS, the final contract price is $61,029. 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 7th day of June '20 11 4A.1 1�� MAYOR Approved by ATTEST: -42 f� CITY tE- RK City Attorney's Office S 3( It It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x X x Pweng /res /acptwork- Parking Ram pDoorReplace. doc 5/11 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright i? 1 A ®�r, !nlM CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 ENGINEER'S REPORT (319) c FAX www.igov.o gov.orFAX May 27, 2011 Honorable Mayor and City Council Iowa City, Iowa Re: Parking Ramp Door Replacement Capital Street & Dubuque Street Ramps Project Dear Honorable Mayor and Councilpersons: I hereby certify that Selzer Werderitsch Associates of Iowa City, Iowa has completed the construction of the Parking Ramp Door Replacement Capital Street & Dubuque Street Ramps Project in substantial accordance with the plans and specifications prepared by Neumann Monson Architects of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $61,029.00. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ron Knoche, P.E. City Engineer SAENG\ARCHITECTURE FILE \Projects \Capitol and Dubuque Street Ramp Door Replacement Project \Engineer's Letter Capitol and Dubuque Street Door Replacment Project for 06 07 2011.doc AA'�t 3f(5) Prepared by: Kumi Morris, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 11 -195 RESOLUTION ACCEPTING THE WORK FOR THE MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Mercer Park Aquatic Center Solarium Replacement, as included in a contract between the City of Iowa City and Apex Construction Company, Inc. of Iowa City, Iowa, dated January 12, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Mercer Pool Solarium Renovation account #4325- 441870; and WHEREAS, the final contract price is $205,026.12. 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 7th day of June 4i3 � MAYOR Approved by 20 11 ATTEST: CIT LERK City Attorney's Office S-f ///( It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X X X X X Pwe ng /res /acptwork- MercerSolari um Replace. doc 5/11 ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright � r IN �Mp CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org May 27, 2011 Honorable Mayor and City Council Iowa City, Iowa Re: Mercer Park Aquatic Center Solarium Replacement Project Dear Honorable Mayor and Councilpersons: I hereby certify that Apex Construction Company, Inc., of Iowa City, Iowa has completed the construction of the Mercer Park Aquatic Center Solarium Replacement Project in substantial accordance with the plans and specifications prepared by Neumann Monson Architects of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $205,026.12. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ron Knoche, P.E. City Engineer SAENG\ARCHITECTURE FILE1Projects\Mercer Park Aquatic Center Solarium Replacement Project\Engineer's Letter Mercer Park Aquatic Center Solarium Replacment Project for 06 07 2011.doc v 6-07-11 3f( Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 11 -196 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT STARBUCKS CORPORATION D /B /A STARBUCKS COFFEE #2855 -IA, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Marc Moen, as landlord, and Starbucks Corporation, d /b /a Starbucks Coffee #2855 -IA, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 228 S. Clinton St., Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2011 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 7th day of June , 2011. MAYOR ATTEST: Q CI CLERK Approved by: City Attorney's Office Resolution No. 11 -196 Page 2 It was moved by Ch amp i on and seconded by Dickens adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion X Dickens Hayek x _ Mims X Wilburn x Wright wpdata /glossa ry/res ol utio n -ic. doe the Resolution be 3f 7 Prepared by: Susan Craig, ICPL, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5232 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE LEASE AGREEMENT WITH THE STATE BOARD OF REGENTS FOR THE UNIVERSITY OF IOWA FOR THE LEASE OF COMMERCIAL SPACE IN THE IOWA CITY PUBLIC LIBRARY BUILDING WHEREAS, the Iowa City Public Library Building at 130 South Dubuque Street contains 7,995 square feet of basement commercial space currently leased by the State Board of Regents for the Use and Benefit of the University of Iowa (hereinafter "University "); and WHEREAS, the University is exercising their option to renew the lease through June 30, 2012; and WHEREAS, the University wishes to amend the lease to provide for additional options to extend the terms of the lease; and WHEREAS, the extensions are for two additional periods of one year each: July 1, 2012 through June 30, 2013 and July 1, 2013 through June 30, 2014; and WHEREAS, it is in the public interest to approve the lease amendment as provided therein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: 1. The lease agreement be amended as attached hereto and made a part is approved as to form and content. 2. The Mayor and City Clerk are authorized and directed to respectively execute and attest the lease amendment. Passed and approved this day of MAYOR ATTEST: CITY CLERK Lib /res /leaseamend -U I.doc 20 Approved by City Attorney's Office Lease -- Amendment No. 1 THIS LEASE AMENDMENT, MADE AND ENTERED INTO THIS day of , 20_, by and between The City of Iowa City (hereinafter called the Landlord) whose address for the purpose of this lease is 123 South Linn Street Iowa City, IA 52240, and the Board of Regents, State of Iowa for the Use and Benefit of the University of .Iowa (hereinafter called the Tenant) whose address for the purpose of this lease is 2660 UCC University of Iowa Iowa City Iowa 52242. That the LANDLORD and the TENANT entered a lease dated 1St day of August, 2007, which was extended to terminate on June 30, 2012. WITNESSETH: Paragraph No. 25 is amended to read: 25. RENEWAL OPTIONS(S). Tenant shall have the option to extend the term of the lease for four 4 additional periods of one (1) year each: July 1, 2010 through June 30, 2011, July 1, 2011 through June 30, 2012, July 1, 2012 through June 30, 2013 and JuIV 1, 2013 through June 30, 2014, under the same terms and conditions except for reasonable rental increases, upon written mutual agreement of the parties, such increase will not to exceed the annual Consumer Price Index (CPI). The CPI factor to be used in computing reasonable rental increases pursuant to this paragraph will be based on the most recent calendar year Consumer Price Index for urban wage earners and clerical workers (U.S. city averages). Tenant shall notify Landlord at least 30 days prior to renewal date of intention to renew. All other terms and conditions of the lease remain unchanged. IN WITNESS THEREOF, the parties hereto have duly executed this lease the day and year first above written. TENANT UNIVERSITY OF IOWA 4 1 2.5 l( I�JAA Date eorge Hollins, University Business Manager LANDLORD CITY OF IOWA CITY 123 So Linn St Lease, Amenciiiit,-,Il ACKNOWLEDGEMENT OF THE CITY OF IOWA CITY Mayor Matthew J. Hayek Attest: City Clerk CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Approved: City Attorney On this day of , 2011, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa ACKN L GEMENT F THE UNIVERSITY OF IOWA Ge rg of ins, University Business Manager UNIVERSITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this � X�� day of r�6 , 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared George Hollins, to me personally known, who being by me duly sworn, did identify himself as the University Business Manager empowered to bind The University of Iowa, and acknowledges the execution of the instrument to be his own voluntary act and deed. Notar)Wdblic in and for the State of Iowa 0 CATHY J. FOUNTAIN A,pS%A( o e Commission Number 750256 M loWP My Commission Expires i2 ^)0 ^I�i linda \leases \ICPL amend 2011 L i8 L Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -197 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AGREEMENTFOR THE PROPERTY LOCATED AT 1105 GILBERT COURT, IOWA CITY, IOWA. WHEREAS, on May 10, 1990, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 1105 Gilbert Court from a Mortgage Agreement recorded March 25, 1991, Book 1213, Page 220 through Page 224 of the Johnson County Recorder's Office. Passed and approved this 7th day of Tune 2011 AN 4 MAYOR ATTEST: CIT LERK ApprQyed by City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _X_ Bailey —_ Champion x Dickens -_ Hayek -- Mims g Wilburn —X Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Johnson County, Iowa Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 1105 Gilbert Court, Iowa City, Iowa, and legally described as follows: Lots t and 2, except the South 50 foot of Lot 2, In Highland Park Addition to Iowa City, Iowa, according to ilia recorded plat thereof, and the south 35 feet, subject to an oasomenl over the North 20 feet of said South 35 feat for driveway purposes, of the following - described tract of real estate, lo-wit Commencing at the Intersocilon of the South lino of Kirkwood Avenue In Iowa City, Iowa, with the West line of Gilbert Street produced South, which point Is 250 feet East and 35 feet South of the centor of Section 15, Township 79 North, Range 6 West of the 5th P M, thence South along the West R O W line of Gilbert Street 300 feet, thence West on a line parallel to the South R O W line of Idrkwood Avenue 169 5 feet to the East fine of the 1110 W line of the Iranslor tracks of the C R I & P Railway Co as now located, thence Northeasterly along said R 0 W line to the point due West of the point of beginning, thence East to the point of beginning from an obligation of the owner, Johnson County, Iowa, to the City of Iowa City represented by a Mortgage Agreement recorded March 25, 1991, Book 1213, Page 220 through Page 224 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: " CIT ERK STATE OF IOWA ) ) SS: JOHNSON COUNTY ) MAYOR Approved by C) City Attorney's Office a-h On this �_ day of -uNF A.D. 20_Zl_, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. 1/ 197, adopted by the City Council on the � day utit F 20/t and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. opus SONDRAE FORT _ Commission Number 159791 �ndst arm eW Myommis JExptres Notary Public in and for Johnson County, Iowa 7if(9 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -198 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND APPENDIX B, PROMISSORY NOTE FOR CONDITIONAL DECLINING BALANCE LOAN FOR THE PROPERTY LOCATED AT 914 BENTON DRIVE, #13 AND 1745 DOVER STREET, IOWA CITY, IOWA. WHEREAS, on February 28, 1996, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 914 Benton Drive, #13 and 1745 Dover Street from a Mortgage and Appendix B, Promissory Note for Conditional Declining Balance Loan recorded March 11, 1996, Book 2047, Page 228 through Page 233, and Book 2047, Page 234 through Page 237 of the Johnson County Recorder's Office. Passed and approved this 7th day of Tune 20_LL_• ATTEST: ,� CITI^GLERK Approved by City Attorney's Office Resolution No. 11 -198 Page 2 It was moved by Champion and seconded by Di rkena the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion x Dickens x Hayek x Mims x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Greater Iowa City Housing Fellowship Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 914 Benton Drive, #13, and 1745 Dover Street, Iowa City, Iowa, and legally described as follows: Unit 914 — 13, Benton Manor II Condominiums, according to the Declaration thereof, recorded in Book 655, Page 370, Miscellaneous Records of Johnson County, Iowa. Lot 65, Village Green South Part Two, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 18, page 67, Plat Records of Johnson County, Iowa. from an obligation of the owner, Greater Iowa City Housing Fellowship, to the City of Iowa City represented by a Mortgage and Appendix B, Promissory Note for Conditional Declining Balance Loan, recorded March 11, 1996, Book 2047, Page 228 through Page 233, and Book 2047, Page 234 through Page 237 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. MAYOR Approved b ATTEST:�art CIT LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 7 day of UAj �--- A.D. 20 it , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ll,dg , adopted by the City Council on the day oP- —,T—. .v 20-11_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o ' , At SONDRAE FORT _ � Commission Number 159791 Sands CaT-�7 My Commission Expires Notary Public in and for Johnson County, Iowa AM- 3 7 ao! U 3f 10 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 1 1 —1 99 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A SECOND MORTGAGE FOR THE PROPERTY LOCATED 1551 DICKENSON LANE, IOWA CITY, IOWA. WHEREAS, on March 20, 2000, the owner executed a Second Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1551 Dickenson Lane, Iowa City, Iowa from a Second Mortgage recorded October 26, 2005, Book 3955, Page 994 through Page 999 of the Johnson County Recorder's Office. Passed and approved this 7th day of June , 20_j_L• MAYOR ,_Approve ATTEST: CITY'CLERK City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (315)356 -5246 Legal Description of Property: see below Mortgagor(s): Susan A. Goodwin Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 1551 Dickenson Lane, Iowa City, Iowa, and legally described as follows: Lot 100, Southpointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa with the street address of 1551 Dickenson Lane from an obligation of the owner, Susan A. Goodwin, to the City of Iowa City represented by a Mortgage Agreement recorded October 26, 2005, Book 3955, Page 994 through Page 999 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CIT RK STATE OF IOWA ) ) SS: JOHNSON COUNTY ) k %% R 10, - �-- �� Approved by _ - a '(( City Attorney's Office On this �_ day of LttiF-- _ , A.D. 20 // ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. fl —( , adopted by the City Council on the 7 -,A day Tuhl E , 20__�L_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Wow SONDRAEFORT Commission Number 159791 My Commission Expires Notary Public in and for Johnson County, Iowa v aoi o - 3f 11 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -200 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 15 REGAL LANE, IOWA CITY, IOWA. WHEREAS, on January 3, 2003, the owner executed two Mortgages with the City of Iowa City to secure a loan; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 15 Regal Lane from two Mortgages, recorded January 10, 2003, Book 3457, Page 216 through Page 220; Book 3457, Page 221 through Page 225 and re- recorded on July 8, 2008, Book 4322, Page 69 through Page 73 of the Johnson County Recorder's Office. Passed and approved this 7th day of June , 20_LL-_. ATTEST: CITY RK Approved by City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s):Lillian Williams Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the following property located at 15 Regal Lane, Iowa City, Iowa, and legally described as follows: Lot 75, Lakeside Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 9, Page 99, Plat Records of Johnson County, Iowa, and subject to easements and restrictions of record. from an obligation of the owner, Lillian Williams, to the City of Iowa City represented a Mortgage recorded January 10, 2003 in Book 3457, Page 216 through Page 220 and a Mortgage recorded January 10, 2003 in Book 3457, Page 221 through Page 225, and re- recorded on July 8, 2008, in Book 4322, Page 69 through Page 73 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CITY RK STATE OF IOWA ) SS: JOHNSON COUNTY ) MAYOR Approved by City Attorney's Office �'h r—�— On this 7 day of V unl� A.D. 20 // before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on b9half of the corporation by authority of its City Council, as contained in Resolution No. 1 -dw , adopted by the City Council on the - 7"'1 day rrF 3-uNw-- , 20 JJ— and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Wow SONDRAEFORT J�mc II. V;M6 z Commission Number 159791 Notary Public in and for Johnson County, Iowa My Commission Expires 7 1 Z o/_-5� All Prepared by: Brian Boelk, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5437 RESOLUTION NO. 11 —201 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BUTLER BRIDGE PEDESTRIAN TRAIL STP -U- 3715(651)-- 70 -52, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, this project will be bid by the Iowa Department of Transportation (laDOT); and WHEREAS, bids will be accepted on August 16, 2011, at 10:00 a.m. by the IaDOT in Ames, IA; and WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the Butler Bridge Pedestrian Trail account # 4217 - 441880. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above -named project shall be in the amount between 5% (five percent) and 10% (ten percent) of bid. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids by the IaDOT for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above -named project are to be received by the IaDOT in Ames, Iowa, (800 Lincoln Way, Ames, IA 50010) before 10:00 a.m. on the 16th day of August, 2011. Thereafter the bids will be opened and announced by the IaDOT, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its regular meeting, to be held at Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 6th day of September, 2011, or at the first meeting held thereafter. Passed and approved this 7th day of June ATTEST: &�jj � Yl ,ri1 CIT1�-r✓� RK Pweng/res/butlerbrdgpedtrail- approve p &S.doc 20 11 /Y %.6= ! MAYOR Approved by City Attorney's Office 5-1311 t I C� Resolution No. 11 -201 Page 2 It was moved by Mims and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion X Dickens x Hayek Y Mims X Wilburn x Wright wpdata /glossary/resolution -ic. doc Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 11 -202 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY 2012 ASPHALT RESURFACING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held. WHEREAS, funds for this project are available in the Pavement Rehabilitation account # 3824- 434710. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the office of the City Clerk at the City Hall, before 2:30 pm on the 24th day of June, 2011. At that time, the bids will be opened by the City Engineer or his designee, and thereupon refered to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 5th day of July, 2010, or at a later date and /or time as determined by the Director of Public Works or designee. Passed and approved this 7th day of June , 2011. Mayor Approved by: ATTEST: City "lerk City Attorney's Office 47-01( Resolution No. 11 -202 Page 2 It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x X x x x wpdata /glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright I Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)ru6 -5030 RESOLUTION NO. :E- < RESOLUTION UTHORIZING CONVEYANCE OF A SINGLE FAMILfkN* LOCATED AT 4 FAIRCHILD STREET. `='=_' — co WHEREAS, the UniverCityk'�eighborhood Partnership Program is a joint effort b9ween the University of Iowa and the City to encourage home ownership and reinvestme in designated neighborhoods surrounding the lboversity of Iowa; and WHEREAS, the City has received k$1.25 million I -Jobs grant to assist i the acquisition and rehabilitation of twenty -five single fa ily homes to provide affordable ousing in designated neighborhoods surrounding the Unive*y of Iowa; and WHEREAS, Resolution 09 -384 authoriz d the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for t e UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitate a single fa ily home located at 408 Fairchild Street, Iowa City; and WHEREAS, the City has received an offer to purc s 408 Fairchild Street for the principal sum of $155,000 (the amount the City paid to acquir the home), plus the "carrying costs" of approximately $7,000, which are all costs incurred t City to acquire the home, maintain it and sell it, including abstracting and recording fee , inter st on the loan to purchase the home, mowing and snow removal, utilities, real estate axes, an any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affor ble housing in a \esignated area surrounding the University of Iowa; and WHEREAS, on May 17, 2011, the y Council adopted a R proposing to convey its interest in 408 Fairchild Street, thorizing public notice of posed conveyance, and setting the date and time for the blic hearing; and WHEREAS, following the p lic hearing on the proposed conveyanceI the City Council finds that the conveyance is in t public interest. NOW, THEREFORE, IT RESOLVED BY THE CITY COUNCIL OF T"' CITY OF IOWA CITY, IOWA, that: \ 1. Upon the irection of the City Attorney, the Mayor and the City Clerk a authorized to execute warranty deed conveying the City's interest in 408 Fairchil Street, legally descri ed as part of Lot 5, Block 50, Iowa City, Iowa. Resolution No. Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by and seconded by the Resolution be adopted, and upon roll II there were: AYES: NAYS: ABSENT: Bailey hampion ickens Hayek Mims Wilburn Wright Passed and approved this Xday , 2011. MAYOR 0 Approved by CITY CLERK City Attorney's Office =7 \ M �. C CD MG 06 -07 -11 G! 8b Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -203 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 408 FAIRCHILD STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -five single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 408 Fairchild Street, Iowa City; and WHEREAS, the City has received an offer to purchase 408 Fairchild Street for the principal sum of $155,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $7,000, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on May 17, 2011, the City Council adopted a Resolution proposing to convey its interest in 408 Fairchild Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 408 Fairchild Street, legally described as part of Lot 5, Block 50, Iowa City, Iowa. Resolution No. 11 -203 Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Bailey and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek X Mims x_ Wilburn X Wright Passed and approved this 7th day of June 12011. Iv — ATTEST:�l�u- CITY,GLERK Approved by City Attorney's Office [/ 13 Prepared by: Marcia Bollinger, Neigh. Services Coord., 410 E. Washington St., Iowa City, IA (319) 356 -5237 RESOLUTION NO. 11 -204 RESOLUTION APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" ( "PIN ") GRANT FUNDS. WHEREAS, the City Council allocated $14,850 for Fiscal Year 2012 for the purpose of funding grants to neighborhood associations so that they could make improvements in their neighborhood; and WHEREAS, the Neighborhood Council, a body representing leaders of the neighborhood associations, has been responsible for: - developing the criteria and format for the grant application, - establishing a method of evaluating the applications, - reviewing and evaluating the applications, - submitting this request to the City Council for their review, and WHEREAS, the Neighborhood Council will be reviewing the progress of the grant activities throughout the year to ensure appropriate expenditure, and WHEREAS, the Neighborhood Services Coordinator will be responsible for ensuring the adequate completion of the projects and authorizing distribution of funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Funds for these "Program for Improving Neighborhoods" ( "PIN ") grants are available in the General Fund, account #453100. 1. The City Council has reviewed the applications and recommendation of the Neighborhood Council for the distribution of funds as outlined in Exhibit A attached hereto and finds the funding of projects shown to be appropriate, so that the commencement of these projects can begin July 1, 2011. 2. The Neighborhood Services Coordinator is authorized to administer the funds by confirming completion of the improvements and approving disbursement of funds. Pass and approved this 7th day of June , 2011. MAYOR Approve ATTEST:' C T ERK City Attorney's Office Resolution No. 11 -20 Page 2 It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x x x X X x x wpdata/glossa ry/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Exhibit A Program for Improving Neighborhoods (PIN) Grant Fiscal Year 2012 Recommendations Amount Recommended Grant Wood Neighborhood Association $1480.00 Roller Skating Sound System Grant Wood Neighborhood Association $1000.00 Grant Wood PTO Family Dinners Grant Wood Neighborhood Association $750.00 Workshops /events at Grant Wood Gym Grant Wood Neighborhood Association $3432.00 Staff for Roller Skating at Grant Wood gym Grant Wood Neighborhood Association $900.00 Roller Skates Grant Wood Neighborhood Association $751.00 Fair Meadows Community Garden Northside Neighborhood Association $4200.00 North Market Square Park Planting Miller Orchard Neighborhood Association $1337.00 Miller Orchard Community Garden Goosetown, Miller Orchard, Grant Wood, $1000.00 Morn ingside /Glendale and Melrose Neighborhood Associations Party in the Park Expansion TOTAL $14,850.00 Prepared by: Marcia Bollinger, Neigh. Services Coord., 410 E. Washington St., Iowa City, IA (319) 356 -5237 RESOLUTION NO. RESO�TION APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPRO NG NEIGHBORHOODS" ( "PIN ") GRANT FUNDS. WHEREAS, the C4 ,Council allocated $14,850 for Fiscal Yea 2012 for the purpose of funding od grants to neighborh associations so that they coul ( make improvements in their neighborhood; and WHEREAS, the Neighborh d Council, a body rep associations, has been respons' le for: - developing the criteria and rmat for the grant - establishing a method of eva ating the applicati - reviewing and evaluating the a lications, - submitting this request to the Cit ouncil for tl( WHEREAS, the Neighborhood Council wi throughout the year to ensure appropriate e) WHEREAS, the Neighborhood Services Coordin completion of the projects and authorizing distrib) ng leaders of the neighborhood it review, and the progress of the grant activities , and will be responsible for ensuring the adequate Hof funds. NOW, THEREFORE, BE IT RESOLVED 614 THE CIY�Y COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: / Funds for these "Program for Improving Fund, account #453100. ( -PIN'J grants are available in the General 1. The City Council has reviewed the pplications and recom endation of the Neighborhood Council for the distribution of fund as outlined in Exhibit A ttached hereto and finds the funding of projects shown to be ap ropriate, so that the commen ement of these projects can begin July 1, 2011. 2. The Neighborhood Services completion of the improveme Pass and approved this ATTEST: CITY CLERK Drdinator is authorized to administer 'I.(ie funds by confirming and approving disbursement of funds. day of MAYOR 1. Exhibit A Program for Improving Neighborhoods (PIN) Grant Fiscal Year 2012 Recommendations Amount ecommended Longfellow Neighborhood Association \� $1220.00 Compost for Neighborhood Gardens �. Grant Wood Neighborhood Association �',� $1000.00 Grant Wood PTO Family Dinners Grant Wood Neighborhood Association $750.00 Workshops /events at Grant Wood Gym Grant Wood Neighborhood Association $3432.00 Staff for Roller Skating at Grant Wood gym Grant Wood Neighborhood Association Roller Skates Grant Wood Neighborhood Associatici $881 Fair Meadows Community Garden Northside Neighborhood Associa on $4200.00 North Market Square Park Planti g Miller Orchard Neighborhoo Association $1467.00 Miller Orchard Community rden Goosetown, Miller O/ions d, Grant Wood, $1000.00 Morningside /Glendal Melrose Neighborhood Associ Party in the Park Expa TOTAL $14,850.00 Marian Karr From: Pam Ehrhardt <pam @lastingpiece.com> Sent: Saturday, May 21, 2011 9:50 AM To: willT @aol.com Cc: Council Will, last Tuesday the City Council voted on an amendment to eliminate Longfellow's PIN grant for compost to be delivered to the neighborhood. Here is a letter I sent out to those residents who had asked to be notified when the compost would be available. I don't know when the next Longfellow newsletter will be going out but if you could put a notice in that the city denied our grant I would appreciate it. Thank you, Pam Dear Neighbors, Last Tuesday the City Council voted 4 to 3 in favor of an amendment to eliminate Longfellow's PIN grant for compost from this year's PIN grant funding. The amendment, offered by Councilman Mike Wright, was based on his complaint that city funds would be used to provide compost for private properties. We, who have worked on the grant, as well as, those residents looking forward to getting compost are very disappointed. We feel the grant meets all the criteria for a "Project for Improving Neighborhoods" (PIN). Mr. Wright and the other three councilpersons voting against our grant had no complaints about the grant for Miller Orchard community garden it received last year and will again this year. The garden is located on private property. Today I received an email from the city seeking volunteers for a newly formed taskforce with the aim to discuss plans to reduce greenhouse gas emissions- making us a "cool city ". So now instead of one truck hauling a load of compost to the neighborhood, we have dozens of Longfellow residents driving clear across town to get their compost - -- that is, if they have access to a truck or trailer or want to make numerous trips filling garbage cans. Is this the city's way to reduce our emissions ?? Last year it was very difficult if not impossible for private citizens to get compost. Landscape companies, with their large dump trucks would get there as soon as compost was available, leaving none for the private citizens. We had hope by having this grant we could even up the odds and compete with the landscapers for the City's compost. For all of you and especially the elderly neighbors who signed up to get compost delivered to their home by volunteers, we are sorry. Sincerely Pam Ehrhardt Pam Ehrhardt 1029 East Court Street Iowa City, Iowa 52240 USA 3 19-351 -6531 L Marian Karr From: Roberts, Cindy <cindy - roberts @uiowa.edu> Sent: Wednesday, May 18, 2011 9:45 AM To: Council Cc: Lei Butters, Chi Man; 'tfox03 @gmail.com'; 'aliciamtrimble @yahoo.com'; 'nbergus @gmail.com'; Marcia Bollinger; 'tmmiddleton_ww @yahoo.com' Subject: Thank You from the Grant Wood Neighborhood Association Dear Mayor Hayek and City Council members, In follow -up to our PIN Grant presentations at the City Council meeting last night, I wanted to thank you for your support and approval of the Grant Wood Neighborhood Association funding requests. Connie: Thank you so much for asking for clarification on the number of skates —my presentation did not make that clear. Ultimately, we will be purchasing 15 additional roller skates in small child sizes of 4, 5,& 6 (3 pairs in each size). The price of each pair ranges $50 - $65. Regenia: Thank you for asking about attendance at our various workshop and events. We've found that creating a "balance" between larger group activities and smaller group offerings help build community connections in different ways. We try to keep in mind that our neighborhood has a variety of residents such as young families, retired individuals, and college students. Though it may not be possible for our activities to reach all interests —we try to have a variety. Of course, events such as the Friday Skate Nights, Pet Care Fair, and Family Fun and Safety Day always bring in bigger numbers. As I mentioned last night, the PIN Grant funds make a such a difference in the activities and services we can provide our neighborhood. As I look back on the past year, we've had a very positive year in the neighborhood for many reasons. Your support helps us continue our efforts. In appreciation, Cindy Rodents cc: GWNA Board members "Serving Our Neighborhood N Making a Difference" Grant Wood Neighborhood Association /GWNA Iowa City, IA GWNA Board as of March 2011 Co- Chairs: Cindy Roberts & (open position) Secretary - Tracy Middleton - tmmiddleton ww @yahoo.com Treasurer - Tom Fox - tfox03Ccbgmaii.com Event Coordinator(s) - open positions Nick Bergus, Newsletter Editor - nbergus a gmail.com Diana Lei - Butters, Website Editor - .chi- Iei(@uiowa.edu Alicia Trimble, Community Garden Coordinator- aliciamtrimble @yahoo.com Cindy Roberts, Communication Coordinator - cindy- roberts @uiowa.edu Marcia Bollinger, Iowa City Neighborhood Services Coordinator - Marcia - Bollinger @ iowa - city.org Prepared by Wendy Ford, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. t t -2o5 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE PERFORMANCE OF CONSULTING SERVICES BY AND BETWEEN THE CITY OF IOWA CITY AND DIVARIS REAL ESTATE, INC., FOR A STRATEGIC ASSESSMENT OF DOWNTOWN IOWA CITY AND RECOMMENDATIONS FOR THE ENHANCEMENT OF RETAIL OPPORTUNITIES. WHEREAS, downtown Iowa City has undergone significant changes in the mix of existing uses, including changes in residential units, office space, retail stores, entertainment and cultural venues; and WHEREAS, the City has invested more than $36 million in downtown in recent years; and WHEREAS, the City has a vested interest in downtown because it serves as a primary gathering and commerce space; and WHEREAS, to achieve greater success in its development, new data demonstrating the economic importance of the college town economy for retail and optimal mixed uses is necessary and appropriate; and WHEREAS, the University of Iowa seeks to partner in the continued development of the downtown area as place of gathering and a recruiting highlight for students and faculty, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement for Professional Services 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 Agreement for the Professional Services with Divaris Real Estate, Inc. Passed and approved this 7th day of June 20 11 . ATTEST: IT ERK Resolution No. 11 -205 Page 2 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpdata/glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services ( "Agreement ") is made this-7—day of ry, 2011 between Divaris Real Estate, Inc. ( "Consultant "), having an office at One Columbus Center, Suite 700, Virginia Beach, VA 23462 and the City of Iowa City, IA ( "Client ") having an office at 410 E. Washington St, Iowa City, IA 52240. In consideration of the mutual promises set forth herein, Client and Consultant agree as follows: 1. CONSULTANT'S SERVICES A. Consultant shall perform the professional services ( "Services ") more fully described in Exhibits A -C attached hereto and by this reference incorporated herein. Consultant shall furnish all labor, materials and supervision necessary to perform the Services. B. The Consultants shall not commit any of the following employment practices and agree to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. C. It is further agreed that no party to this Agreement, including their employees, representatives, subcontractors or agents, shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City. D. Consultant agrees to specifically assign the agreed upon professional services to John Millar, who shall be the primary consultant, and who may utilize personnel qualified and /or suitable to perform the Services. Each person assigned to perform any part of Consultant's obligations hereunder shall be qualified and, if required by law, licensed or certified to perform such obligations. 2. COMPENSATION Client shall compensate Consultant for Services rendered in such amounts as described in Exhibits A and B. Consultant shall bill Client for all travel expenses and cost of materials at direct costs without mark -up. 3. INVOICES AND PAYMENTS A. Not more frequently than once a month Consultant shall invoice Client for its fees, expenses, and costs incurred during that month. Each invoice shall include a Agreement for Professional Services May 2011 Page 2 summary statement of all services performed during the month, with a detailed list of all expenses incurred while performing the Services. B. Client shall pay each invoice within thirty (30) days of receipt. However, if Client objects to all or any portion of any invoice, Client shall so notify Consultant within fifteen (15) days from receipt, give reasons for the objection, and pay that portion of the invoice not in dispute within thirty (30) days of receipt of the invoice. Unless otherwise directed in writing, all invoices shall be submitted for payment to the following address: City of Iowa City, IA. Attn: Wendy Ford Economic Development Coordinator 410 E. Washington St. Iowa City, IA 52240 4. INDEPENDENT CONSULTANT STATUS AND SUBCONTRACTORS Consultant will act solely as an independent contractor in performing the Services, and nothing herein will at any time be construed to create the relationship of employer and employee, principal and agent, partners, or joint venturers between Client and Consultant, or Client's and Consultant's officers, directors, partners, elected officials, managers, employees or agents. Consultant shall be solely responsible for the compensations, benefits, worker's compensation, contributions, withholdings and taxes, if any, of its employees, subcontractors and agents. 5. INDEMNIFICATION, INSURANCE AND THIRD PARTY BENEFICIARIES A. Consultant shall indemnify, defend and hold Client harmless from any and all claims, demands, causes of action, losses, damages, fines, penalties, liabilities, costs and expenses, including reasonable attorney's fees and court costs, sustained or incurred by or asserted against Client or Client's officers, directors, partners, elected officials, managers, employees or agents, in the capacity of a defendant or witness, by reason of or arising out of Consultant's breach of this Agreement or Consultant's negligence, gross negligence or willful misconduct with respect to Consultant's duties and activities within the scope of this Agreement. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance cover the Consultant's liability for the Consultant's negligent acts, errors or omissions to the City in the sum of $1,000,000. B. Except for Consultant's breach of this Agreement or negligence, gross negligence or willful misconduct, Client shall indemnify, defend and hold Agreement for Professional Services May 2011 Page 3 Consultant and its partners, directors, officers, agents, servants and employees (collectively, the "Consultant Indemnitees ") harmless from and against any and all claims, demands, causes of action, losses, damages, fines, penalties, liabilities, costs and expenses incurred in the capacity of a defendant or a witness, and all other costs and expenses (including without limitation attorneys' fees and court costs) to which any of the Consultant Indemnitees may become liable or subject by reason of or arising out of the performance or nonperformance of Consultant's duties and activities within the scope of this Agreement. C. This Agreement shall not be construed to create a duty or liability to any party who is not a signatory party to this agreement, it being the intention of the parties hereto that their duties and obligations are to each other and not for the benefit of or for third party beneficiaries. 6. CONFIDENTIALITY Consultant shall treat as confidential property and not disclose to others during or subsequent to the term of this Agreement, except as necessary to perform this Agreement (and then only on a confidential basis satisfactory to both parties), any information and documents (including without limitation any environmental information, reports, data, or financial information) which may be delivered to Consultant by Client. Nothing above, however, shall prevent Consultant from disclosing to others or using in any manner information that Consultant can demonstrate: A. Has been published and has become part of the public domain other than by acts, omissions or fault of Consultant, their employees, agents, contractors and/or consultants; or, B. Has been furnished or made known to Consultant by a third party (other than those acting directly or indirectly for or on behalf of Consultant or Client) as a matter of legal right without restrictions on its disclosure; or, C. Was in Consultant's possession prior to the date of this agreement and /or prior to the date of disclosure thereof by Client. D. Must be disclosed pursuant to any statute, law, regulation, ordinance, order or decree of any governmental authority having jurisdiction over Consultant or any of its employees, agents, contractors and/or consultants. The foregoing obligations in this Section 6 shall survive for a period of one (1) year from the mutual execution of this Agreement. Agreement for Professional Services May 2011 Page 4 7. TERM AND TERMINATION OF AGREEMENT This Agreement shall remain in full force and effect from the date of its execution until (i) Consultant's completion of the Services; (ii) execution of a development implementation agreement; or (iii) termination of the Agreement pursuant to provision A or B of this Paragraph. Termination of this Agreement shall discharge only those obligations that are executory by either party on and after the effective date of termination. Any right or duty of a party based on either performance or a breach of this Agreement, prior to the effective date of termination, shall survive. A. Client reserves the right to terminate this Agreement at any time upon delivery of written notice to Consultant, even though Consultant is not in default. If Client terminates this Agreement pursuant to this paragraph, Client shall compensate Consultant for all actual expenses and charges outstanding at the time of termination. B. Consultant shall have the right to terminate its obligations pursuant to this Agreement if one of the following conditions exists and it has not been remedied or cured within thirty (30) days of Client's receipt of written notice of such condition: A substantial breach of any material obligation of client under this Agreement; or ii. If Consultant is unable for any reason beyond its control to perform its obligations pursuant to this Agreement in a safe, lawful and professional manner. In Addition to the foregoing rights of termination, Consultant shall have the right to terminate its obligations pursuant to this agreement at any time upon sixty (60) days prior written notice to Client. Upon Consultants termination of its obligations, Client shall pay all actual expenses and charges as of the date of termination, which charges and expenses shall not continue to accrue after Client receives Consultant's notice of termination. C. The termination of this Agreement under the provisions of this Article 7 shall not affect the rights of either party with respect to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights or obligations of either party with respect to liability or claims accrued, or arising out of events occurring or conditions existing, prior to the date of termination, all of which shall survive such termination. Agreement for Professional Services May 2011 Page 5 g. WAIVER A Waiver on the part of the Client or Consultant of any term, provision or condition of this Agreement shall not constitute a precedent or bind either Party to a waiver of any succeeding breach of the same or any other term, provision or condition of this Agreement. 9. ENTIRE AGREEMENT This Agreement, including any Exhibits and any addenda thereto, constitutes the entire Agreement between Consultant and Client. It supersedes all prior or contemporaneous communications, representations or agreements, whether oral or written, relating to the Services set forth in this Agreement. This Agreement may be amended only by a written instrument signed by both parties. The captions in this Agreement are for convenience in identification of the several provisions and shall not constitute a part of this Agreement nor be considered interpretative thereof. 10. ASSIGNMENT This Agreement shall be binding upon the successors or assigns of the parties hereto. However, this Agreement shall not be assigned by either party without first obtaining the written consent of the other. 11. SEVERABILITY Every paragraph, part, term or provision of this Agreement is severable from the others. If any paragraph, part, term or provision of this Agreement is construed or held to be void, invalid or unenforceable by order, decree or judgment of a court of competent jurisdiction, the remaining paragraphs, parts, terms and provisions of this Agreement shall not be affected thereby but shall remain in full force and effect. 12. NOTICES Any information or notices required to be given in writing under this Agreement shall be deemed to have been sufficiently given if delivered either personally or by certified mail (return receipt requested, postage prepaid), to the address of the respective party set forth below, or to such other address for either party as that party may designate by written notice. Agreement for Professional Services May 2011 Page 6 For the Client: Wendy Ford Economic Development Coordinator City of Iowa City 410 E. Washington St. Iowa City, IA 52240 13. GENERAL TERMS For the Consultant: Gerald S. Divans Chief Executive Officer Divaris Real Estate, Inc. One Columbus Center, Suite 700 Virginia Beach, VA 23462 The Consultants agree to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultants pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultants shall not be liable for the City's use of such documents on other projects. Upon signing this agreement, Consultants acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Iowa Code Section 362.5 14. GOVERNING LAW This Agreement shall be governed and interpreted pursuant to the laws of the State of Iowa. IN WITNESS WHEREOF, the Client and Consultant have caused this Agreement to be executed by their duly authorized representatives, as follows: CLIENT: City of Iowa City CONSULTANT: Divan: By: By: Matthew J. Haye , Mayor Title: Attest:ij��ac.�if l ian K. Karr, City Clerk CITY OF IOWA CITY, IA SCOPE OF SERVICE STRATEGIC ASSESSMENT EXHIBIT A Divaris Real Estate, Inc., as assigned to John Millar specifically, will conduct a strategic assessment for Downtown Iowa City, IA. The strategic assessment will analyze and make recommendations for the enhancement of retail opportunities in Downtown Iowa City: A. Downtown Iowa City as a "Central Marketplace" 1) Analyze Iowa City's demographics from a 1, 3, 5, 10, 20 and 30 mile radius; 2) Define the primary and secondary trade areas for Iowa City; 3) Analyze the impact of the University of Iowa's student population on the economy of Iowa City; 4) Analyze the economic impact of "Direct Visitors" spending on the economy of Iowa City from sports events (primarily football and basketball), medical, conference visitors, Carver - Hawkeye Arena events' visitors and student and parent visitors; 5) Analyze the potential impact of aging "Baby Boomers" alumni on Iowa City's retail and residential potential; 6) Determine the impact of all three consumer sectors on the total Iowa City economy and its potential opportunities for retail, entertainment, office and multi - family residential. B. The Current Retail Environment in Iowa City and the Surrounding Area 1) Analyze the existing and future retail competition in the immediate Iowa City Marketplace; 2) Analyze the existing and future retail competition in the Greater Iowa City region (30 -mile radius); 3) Analyze the existing and future retail centers in Des Moines, The Quad Cities and Cedar Rapids; 4) Determine the prospective retailers for Downtown Iowa City. C. Establish Analogues from Other Comparable College Towns 1) Identify other College Towns with similar circumstances, such as a college dominated economy, a regional draw of 30 miles without major city competition, a strong "Baby Boomer" alumni base and a top -fifty 1 -A football program; e.g. Madison, WI; Lincoln, NE; and Urbana - Champaign, IL; These tasks will be conducted remotely via online research. 2) Identify retailer prospects with successful track records in College Towns; these tasks will be conducted remotely via online research. D. Establish a Merchandising Plan for the Downtown Iowa City 1) Determine the amount of supportable retail space for the Downtown Iowa City; 2) Create a master list of potential compatible retailers by merchandise category for Downtown Iowa City; 3) Create an ideal tenant mix for Downtown Iowa City, identifying the best and most compatible retailers for towns- people, students, alumni and direct visitors, including the recommended size and merchandise category of each retailer. II. - Compensation: For the consulting services defined in Sections A -D of this Exhibit "A ", Divaris Real Estate, Inc. will be compensated in the following manner: 1. $10,000 will be paid and submitted with the signed agreement; 2. $10,000 will be paid thirty days after the initial payment above; 3. $10,000 will be paid after the Divaris report is finalized and presented to the City of Iowa City, IA. 4. The parties acknowledge that the sum total to be paid Divaris for its services under this Exhibit "A" shall not exceed $30,000. Client shall pay all travel expenses, which shall not exceed $5,000 for both Exhibits "A" and "B ". III. Travel Expenses: Two face -to -face meetings — a "kickoff' meeting and a final report presentation — will be held with the City of Iowa City at its expense. It is agreed that all other related travel expenses for both Exhibits "A" and "B" will be reimbursed as submitted, however, the parties acknowledge and agree that the sum total for all travel expenses shall not exceed $5,000. Exhibit B Scope of Customer Survey and Research Services I. Background At a time when the City of Iowa City has revised its 21 -and -older bar law, there exists an opportunity to revise the restaurant and retail orientation of Downtown Iowa City into a gathering place for townsfolk, college students, direct visitors and alumni. In order to do this, a detailed customer survey needs to be conducted to determine those merchandise choices that the customers listed above desire. Divaris Real Estate, Inc., as assigned to John Millar specifically, will conduct this detailed customer survey as follows: II. Research Obiectives 1. Provide information to help maximize Downtown Iowa City's potential and to direct the marketing, leasing and redevelopment activities. 2. Establish the profile of Downtown Iowa City's three potential customers - college students, college faculty and townsfolk to understand what they want in the Downtown Area. 3. Compare and contrast the demographic characteristics of the three customer groups. 4. Identify strengths and weaknesses of Downtown Iowa City from the consumer's perspective (for both current customers and non - shoppers). 5. Determine what types of additional stores, services, restaurants or operational changes would build loyalty and frequency among shoppers and non - shoppers. 6. Determine consumer preferences for national retailers and restaurants for Downtown Iowa City. III. Research Methodology A. Consultant will create a questionnaire that will define the customers' demographics, how they shop and what they want in Downtown Iowa City. Consultant will use three different research internet sites to target the three distinct types of consumers in Downtown Iowa City. 1) University of Iowa students. 2) University of Iowa Staff and Faculty. 3) Iowa City and surrounding area residents. IV. Based on the results of consumer surveys, Consultant will integrate the results into the strategic plan developed in Exhibit A: V. Compensation: For the strategic consulting services defined in Exhibit B, Divaris Real Estate, Inc. will be compensated in the following manner: A. $5,000 will be paid upon signing of this Agreement. B. $5,000 will be paid one month after signing of this Agreement. C. $5,000 will be paid after the Divans Real Estate report is finalized no later than thirty (30) days after finalization of same, which total shall not exceed $15,000, exclusive of any travel and/or other expenses, which shall not exceed $5,000 for services under both Exhibit "A" and Exhibit "B ". Exhibit C Additional Requested Services Regarding Retail Recruitment A. Production of a Collateral Package for Use in Recruiting Retail Clients Would Include• 1) Creation of a 4 -page color brochure for mailing and ICSC events. 2) Creation of a complete information package, including 4 -page color brochure for broadcast e-mail to retailers and restaurants. 3) Complete contact list for retailers and restaurants, including tenant representative, tenant's broker (if required by tenant), mailing address, e- mail address and phone numbers. Fee: Not to exceed $5,000 due within thirty (30) days after completion of 1 — 3 above. el AGREEMENT FOR PROFESSIONAL SERVICES This Agreem t for Professional Services ( "Agreement ") is made this day of May, 2011 between Divaris Real state, Inc. ( "Consultant "), having an office at One Columbus Center, Suite 700, Virginia Beach, V 23462 and the City of Iowa City, IA ( "Client ") having an office at 410 E. Washington St, Iowa Ci , IA 52240. In consideration of the mutual promises set forth herein, Client and Consultant agree a follows: 1. CONSULTANT'S'§ERVICES A. Consultant shall perforku the professional services ( "Services ") more full described in Exhibits A -C attached hereto and by this reference incorporated her in. Consultant shall furnish all labor, mateiials and supervision necessary to perfo he Services. B. The Consultants shall not 64mmit any of the following employyment practices and agree to prohibit the following�yactices in any subcontracts. , _ 1. To discharge or refuse to hire\any individual because 9f their race, color, religion, sex, national origin, disability`s age, marital status;' gender identity, or sexual orientation. 2. To discriminate against any individual in teems, conditions, or privileges of employment because of their race, color, reli on, sex, national origin, disability, age, marital status, gender identity, or'�exuaVorientation. C. It is further agreed that no party to this Agre ent, including their employees, representatives, subcontractors or agents, s al� perform contrary to any state, federal, or local law or /thea he ordinances of t e City of Iowa City. D. Consultant agrpecifically as 'gn the agreed upon professional services to John Millar, who she primary nsultant, and �vho may utilize personnel qualified and/or suitable orm the S rvices. Each person assigned to perform any part of Consultant's os here der shall be qualified, and, if required by law, licensed or certified to psuch ligations. 2. COMPENSAT Client shall compensaultant for Services rendered in s ch amounts as described in E xhibits A and B. Co shall bill Client for all travel exp ses and cost of materials at direct costs without rk -up. 3. INVOICU4ND PAYMENTS A. Not kore frequently than once a month Consultant shall invoice Client for its fees, expenses, and costs incurred during that month. Each invoice shall include a Agreement for Professional Services May 2011 Page 2 4. 5. summary statement of all N all expenses incurred while B. Client shall pay each invol objects to all or any portion o fifteen (15) days from receipt, the invoice not in dispute wit] otherwise directed in writing, following address: performed during the month, with a detailed list of iiniz the Services. / within thirty (30) days of receipt. Ho ever, if Client any invoice, Client shall so notify nsultant within ve r easons for the objection, Xday that portion of thrty (30) days of receipt invoice. Unless al invoices shall be submitt payment to the City of Iowa City, IA. Attn: Wendy For Economic Develo me 410 E. Washington t Iowa City, IA 5224 Consultant will act solely as an indepe dent and nothing herein will at any ti be employer and employee, /ions, d ager Client and Consultant, or d Coi elected officials, manageees or responsible for the compenefits, withholdings and taxes, if mploy BENEFICIARIES contractor in performing the Services, nstrued to create the relationship of partners, or joint venturers between ultant's officers, directors, partners, gents. Consultant shall be solely xv rker's compensation, contributions, .es� subcontractors and agents. PARTY A. Consultant all indemnify, defend and hold Client harmless from any and all claims demands, causes of action, los s, damages, fines, penalties, liabilitie , costs and expenses, including re sonable attorney's fees and CO urt sts, sustained or incurred by or assert d against Client or Client's offic s, directors, partners, elected officials managers, employees or /age s, in the capacity of a defendant or witness, by reason of or arising out nsultant's breach of this Agreement or Con ultant's negligence, gross gence or willful misconduct with respect to Consultant's duties and ties within the scope of this Agreement. The onsultant agrees at all times material to this Agreement to have and maintai professional liability insurance cover the Consultant's liability for the nsultant's negligent acts, errors or omissions to the City in the sum of $1,00 000. B. Except for Consultant's breach of this Agreement or 664ligence, gross negligence or willful misconduct, Client shall indemnify, def d and hold Agreement for Professional Services May 2011 Page 3 Consultant and its partners, directors, officers, agent , servants and employees (collectiv ly, the "Consultant Indemnitees ") armless from and against any and all laims, demands, causes of acti , losses, damages, fines, penalties, liabili ies, costs and expenses incurr d in the capacity of a defendant or a witness, nd all other costs and exp nses (including without limitation attorneys' fee and court costs) tow 'ch any of the Consultant Indemnitees may become fable or subject by r son of or arising out of the performance or nonperfo ance of Cons tant's duties and activities within the scope of this Agr ement. C. This Agreement shall not be construed o create a duty or liability to any party who is not a signatory party to is agreement, it being the intention of the parties hereto that their Atie and obligations are to each other and not for the benefit of or for third v v beneficiaries. 6. CONFIDENTIALITY Consultant shall treat as con 'dent pr subsequent to the term of this green Agreement (and then only on a onfidei information and documents includin information, reports, data, financial Consultant by Client. and not disclose to others during or � cept as necessary to perform this *s satisfactory to both parties), any to t limitation any environmental iat n) which may be delivered to Nothing above, howev r, shall prevent Consultant rom disclosing to others or using in any manner i ormation that Consultant can monstrate: A. Has been Xsand/or ished and has become part of the public domain other than by acts, sions or fault of Consultant, t eir employees, agents, contractq consultants; or, \ B. Has en furnished or made known to Consultant a third party (other tha those acting directly or indirectly for or on be alf of Consultant or Clj nt) as a matter of legal right without restrictions on 'ts disclosure; or, C. as in Consultant's possession prior to the date of this agreement and /or prior to the date of disclosure thereof by Client. D. ` Must be disclosed pursuant to any statute, law, regulation, dinance, order or decree of any governmental authority having juri diction over Consultant or any of its employees, agents, contractors and/or onsultants. The foregoing obligations in this Section 6 shall survive for a period �f one (1) year from the mutual execution of this Agreement. Agreement for Professional Services May 2011 Page 4 7. TERM AND TERMINATION OF AGREEMENT This Agreement shall remain in full force and effect from the date of its exe tion until (i) Consultant's completion of the Services; (ii) execution of a dev opment implementation agr ement; or (iii) termination of the Agreement rsuant to provision A or B of his Paragraph. Termination of this Agreement all discharge only those obligatio that are executory by either party on and er the effective date of termination. y right or duty of a party based on eith performance or a breach of this Agreemer% prior to the effective date of term\ tion, shall survive. A. Client reserves the 'fight to terminate this Ag ement at any time upon delivery of written notice to Consultant, eve though Consultant is not in default. If Client termiAutes this Agreem t pursuant to this paragraph, Client shall compensate &Onsultant for 11 actual expenses and charges outstanding at the time of termination. B. Consultant shall have the right td rminate its obligations pursuant to this Agreement if one of the follow' conditions exists and it has not been remedied or cured within thi y (30), days of Client's receipt of written notice of such condition: \\ i. A substantial bre ch of any mater�al obligation of client under this Agreement; or `\\ ii. If Consult is unable for any reason beyond its control to perform its obliga ions pursuant to this Agree\ \ent in a safe, lawful and professional manner. In A dition to the foregoing rights of termination, Consultant shall hav the right to terminate its obligations p4suant to this agreement at/dny time upon sixty (60) days prior writte6iotice to Client. Upon Consultants termination of its obligations Client shall pay all actual expenses and charges as of the date of ermination, which charges and expenses shall not continue to a crue after Client receives Consultant's notice of termination. C. he termination of this Agreement under the provisions of this Article 7 shall not affect the rights of either party with respect to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights or obligations of either party with respect to liability or claims accrued, or arising out of events occurring or conditions existing, prior to the date of termination, all of which shall survive such termination. Agreement for Professional Services May 2011 Page 5 8. 9. 10. 11. 12. WAIVER A Waiver on tl condition of this a waiver of any condition of this AGREE part of the Client or Consultant of any term, rovision or ;reement shall not constitute a precedent or bin either Party to cceeding breach of the same or any other t rm, provision or This Agreement, inclu mg entire Agreement betw en contemporaneous comm i written, relating to the Se be amended only by a wri this Agreement are for con, shall not constitute a part thereof. ASSIGNMENT This Agreement shall be hereto. However, this A first obtaining the written,. SEVERABILITY any Exhibits and any adenda thereto, constitutes the Consultant and Clie t It supersedes all prior or rations, representatio s or agreements, whether oral or ices set forth in th' Agreement. This Agreement may n instrument si ned by both parties. The captions in fence in id tification of the several provisions and o this Agreement nor be considered interpretative of the successors or assigns of the parties not be assigned by either party without Every paragraph, 'art, term or provision of others. If any p agraph, part, term or provisi held to be voi invalid or unenforceable by or( competent j isdiction, the remaining paragra this Agree ent shall not be affected thereby effect. Agreement is severable from the of this Agreement is construed or decree or judgment of a court of parts, terms and provisions of shall remain in full force and An information or notices required to be given in writing under this Agreement s ll be deemed to have been sufficiently given if delivered either personally or by ertified mail (return receipt requested, postage prepaid),�o the address of the respective party set forth below, or to such other address fo� either party as that party may designate by written notice. Agreement for Professional Services May 2011 Page 6 For the Client: For the Consultant: Wendy Ford Gerald S. Divaris Economic Development C ordinator Chief Executive Off er City of Iowa City Divaris Real Esta , Inc. 410 E. Washington St. One Columbus enter, Suite 700 Iowa City, IA 52240 Virginia Bea , VA 23462 13. GENERAL TERMS The Consultants agree to fu ish, upon termination of this Agreement and upon demand by the City, copies all basic notes and s retches, charts, computations, and any other data prepared o obtained by the C nsultants pursuant to this Agreement without cost, and )�ithout restr/71 s or limitation as to the use relative to specific projects cov red under greement. In such event, the Consultants shall not be liable f r the City of such documents on other projects. Upon signing this agreement, Con I / is acknowledged that Section 362.5 of the Iowa Code prohibits a City officer employee from having an interest in a contract with the City, and certifi t at no employee or officer of the City, which includes members of the City C ncil nd City boards and commissions, has an interest either direct or indirec , in this greement, that does not fall within the exceptions to said statutory p ovision en erated in Iowa Code Section 362.5 14. GOVERNING LAW This Agreement shall b governed and interpr ted pursuant to the laws of the State of Iowa. IN WITNESS EREOF, the Client an d Consultant have caused this Agreement to be ecuted by their duly authorized epresentatives, as follows: CLIENT: CO ULTANT: City of Iowa ity Divaris eal Estate, Inc. By: By: Matthew J. t, ayor Name. Sanford M. Cohen Title: Chief erating Officer Attest: Ntwittn K. Karr, City Clerk CITY OF IOWA CITY, IA SCOPE OF SERVICE STRATEGIC ASSESSMENT EXHIBIT A Divaris Real Estate, Inc., as assign d t John Millar, specifically, will conduct a strategic assessment for Downtown p a City, IA. The strategic assessment will analyze and make recommendations for the enhancement of retail opportunities in Downtown Iowa City: A. Downtown Iowa City 1) Analyze Iowa City's de ographics from a 1, 3, 5, 10, 20 nd 30 mile radius; 2) Define the primary and s ondary trade areas for Io a City; 3) Analyze the impact of the niversity of Iowa's st dent population on the economy of Iowa Ci y; 4) Analyze the economic imp a t of "Direct Visi rs" spending on the economy of Iowa City from ports events imarily football and basketball), medical, confere ce visitors, arver - Hawkeye Arena events' visitors and student an parent isitors; 5) Analyze the potential impact o agin "Baby Boomers" alumni on Iowa City's retail and residentia p tential; 6) Determine the impact of all thre consumer sectors on the total Iowa City economy and its potential p ortunities for retail, entertainment, office and mul i -f ily residential. 1) Analyze the existing ad future retail Iowa City Marketpla e• 2) Analyze the existin d future retail co� City region (30--r4fle radius); 3) Analyze the exi ing and future retail cer Quad Cities d Cedar Rapids; 4) Determine t prospective retailers for D C. Establish Analo from Other tion in the immediate in the Greater Iowa in Des Moines, The Iowa City. 1) Identi other College Towns with similar circumstan s, such as a cone e dominated economy, a regional draw of 30 miles thout major city competition, a strong "Baby Boomer" alumni base a a to -fifty 1 -A football program; e.g. Madison, WI; Lincoln, NE; and rbana- Champaign, IL; These tasks will be conducted remotely via online research. � Identify retailer prospects with successful track records in College Towns; these tasks will be conducted remotely via online research. D. Establish a Merchandising Plan for the Downtown Iowa City 1) Determine the amount --of supportable retail space for the Downtown Iowa City; 2) Create a mast list of potential compatible retailers by merchandise category for Do town Iowa City; 3) Create an ideal t ant mix for Downtown Iowa C' y, identifying the best and most com atible retailers for towns -peo le, students, alumni and direct A itors, including the recom ended size and merchandise Cate or of each retailer. II. Compensation: For the consulting services defined in Se ions A -D of t s Exhibit "A ", Divaris Real Estate, Inc. will be compensated in the fol owing ma r: 1. $10,000 will be paid and submitted ith th signed agreement; 2. $10,000 will be paid thirty days after he ' itial payment above; 3. $10,000 will be paid after the Divaris ort is finalized and presented to the City of Iowa City, IA. 4. The parties acknowledge that the s t tal to be paid Divaris for its services under this Exhibit "A" shall not e eed 0,000. Client shall pay all travel expenses, which shall not excee $5,000 r both Exhibits "A" and "B ". III. Travel Expenses: Two face -to -face meetings —a "ki off' meeting an a final report presentation — will be held with the City of Iowa Ci at its expense. It i agreed that all other related travel expenses for both Exhib' s "A" and "B" will b reimbursed as submitted, however, the parties acknowledge and agree that the s total for all travel expenses shall not exceed $5,000. / Exhibit B Scope of Customer Survey and Research Services I. Background At a time when the Cit of Iowa City has revised its 21- -older bar law, there exists an opportuni to revise the restaurant and r ail orientation of Downtown Iowa City in a gathering place for towns olk, college students, direct visitors and alumn In order to do this, a deta' ed customer survey needs to be conducted to etermine those mercha ise choices that the customers listed above de 're. Divaris Real Est e, Inc., as assigned to John Millar specifically, will co duct this detailed stomer survey as follows: II. Research Objectives 1. Provide information to and to direct the marke 2. Establish the profile of D college students, college want in the Downtown A dmi (e Downtown Iowa City's potential ing/and redevelopment activities. m Iowa City's three potential customers - and townsfolk to understand what they 3. Compare and contrast e demog \aphic characteristics of the three customer groups. 4. Identify strengths d weaknesseDowntown Iowa City from the consumer's pers ective (for both cur nt customers and non - shoppers). 5. Determine operational and non -sh N III. Resea types of additional stokes, services, restaurants or ges would build loyalty and frequency among shoppers consumer preferences for natiorl retailers and restaurants for Iowa City. A. onsultant will create a questionnaire that will define the customers' emographics, how they shop and what they wan in Downtown Iowa ity. Consultant will use three different research i ternet sites to target the three distinct types of consumers in Downtown low City. 1) University of Iowa students. 2) University of Iowa Staff and Faculty. 3) Iowa City and surrounding area residents. IV. Based on the results of onsumer surveys, Consultant will integrate the results into the strategic plan de eloped in Exhibit A: V. Compensation: For the strategic consulting services defined in Exh' it B, Divaris Real Estate, Inc. will be compensated in he following manner A. $5,000 will be pai upon signing of is Agreement. B. $5,000 will be pai one month aft r signing of this Agreement. C. $5,000 will be paid fter the Di aris Real Estate report is finalized no later than thirty ( ) days er finalization of same, which total shall not exceed $15, 0, a clusive of any travel and /or other expenses, which shall exceed $5,000 for services under both Exhibit "A" and Exhib' `B ". Exhibit C A. Production of a Uouaterai iracKage im Would Include: 1) Creation of a 4 -page color oche 2) Creation of a complete infor6ti brochure for broadcast e -mail o 3) Complete contact list for retail r; representative, tenant's broker (� mail address and phone numbers Fee: Not to exceed $5,000 1 — 3 above. Use re for mail' g and ICSC events. n /estaurants, , including 4 -page color - td restaurants. a including tenant re y tenant), mailing address, e- thirty (30) days after completion of a DRAFT This Agreement for Professio 1 Services ( "Agreem' nt ") is made this day of May, 2011 between Divaris Real Estate, In (" onsultant "), having an office at One Columbus Center, Suite 700, Virginia Beach, VA 23462 c. an the City of Iowa City, I ( "Client ") having an office at 410 E. Washington St, Iowa City, IA 5224 . In consideration of the mu ual promises set forth rein, Client and Consultant agree as follows: 1. CONSULTANT'S RVICES A. Consultant shall perfo the professional s ices ( "Services ") more fully described in Exhibits A -C attache hereto and by thi reference incorporated herein. Consultant shall furnish all labor, aterials and supe ision necessary to perform the Services. B. The Consultants shall of commit of the following employment practices and agree to prohibit the foll ing practic s in any subcontracts. 1. To discharge or refuse to hire y individual because of their race, color, religion, sex, national origin, d abilit , age, marital status, gender identity, or sexual orientation. 2. To discriminate against individual in terms, conditions, or privileges of employment be/thprimary f t i \ee , color, religion, sex, national origin, disability, age, marital statde id or sexual orientation. C. It is further agreed tp rty Agreement, including their employees, representatives, subors ots, shall perform contrary to any state, federal, or local law or any rdinanthe City of Iowa City. D. Consultant agrees tficalln a agreed upon professional services to John Millar, who s hall brimarult t, and who may utilize personnel qualified and /or suitable to p the Ss. E h person assigned to perform any part of Consultant's obligaereunll be ualified and, if required by law, licensed or certified to perfo h obli. 2. COMPENSATIO Client shall compensate or Exhibits A and B. Cons ltai direct costs without mar -up. 3. xltant for Services rendere in such amounts as described in shall bill Client for all travel xpenses and cost of materials at A. Not more frequently than once a month Consultant shall invoice Client for its fees, expenses, and costs incurred during that month. Each invoice shall include a summary statement of all services performed during the month, with a detailed list of all expenses incurred while performing the Services. Agreement for Professional Services May 2011 Page 2 B. Client shall pay each invoice within thir'k Client objects to all or any portion of a Consultant within fre.Unless 0 5) days from re( and pay that portio he invoice not in receipt of the invoi otherwise di be submitted for pa*ent to the following a City of Iowa City, IA. Attn: Wendy Ford Economic Developmei 410 E. Washington St. Iowa City, IA 52240 / (30) days of receipt. However, if invoice, Client shall so notify I give reasons for the objection, .spute within thirty (30) days of pt, in writing, all invoices shall 4. INDEPENDENT CONSULTANT �$TATUS AND SUBCONTRACTO Consultant will act solely Vions, pendent contractor in performing the Services, and nothing herein will ae be construed to create the relationship of employer and employee, pnd agent, partners, or joint venturers between Client and Consultant, or and Consultant's officers, directors, partners, elected officials, manageyees or agents. Consultant shall be solely responsible for the compeenefits, worker's compensation, contributions, withhol dings and taxes, if employees, subcontractors and agents. 5. INDEMNIFICATIONg XNSURANCE AND THIRD P BENEFICIARIES A. Consultant shah indemnify, defend and hold Client harmless from any and all claims, derands, causes of action, losses, damages, fines, penalties, liabilities, colts and expenses, including reasonable attorney's fees and court costs, ustained or incurred by or asserted against Client or Client's officers, di ectors, partners, elected officials, managers, employees or agents, in t e capacity of a defendant or witness, by reason of or arising out of Consultant's breach of this Agreement or Consultant's negligence, gross negligent or willful misconduct with respect to Consultant's duties and activitie§' °within the scope of this Agreement. The Consultant agrees at all times Material to this Agreement to have and maintain professional liability insurance cover the Consultant's liability for the Consultant's negligent acts, errors or omissions to the City in the sum of $1,000,000. B. Except for Consultant's breach of this Agreement or negligence, gross negligence or willful misconduct, Client shall indemnify, defend and hold Consultant and its partners, directors, officers, agents, servants and employees (collectively, the "Consultant Indemnitees ") harmless from and against any and all claims, demands, causes of action, losses, damages, Agreement for Professional Services May 2011 Page 3 fines, penalties, liabilities, costs and expenses incurred in the capacity of a defendant or a witness, and all other costs and expenses (including wit t limitation attorneys' fees and court costs) to which any of the Con ltant Indemnitees may become liable or subject by reason of or arising o t of the performance or nonperformance of Consultant's duties an d activities within the scope of t*is Agreement. C. This Agreement shal not be construed to create a duty o liability to any party who is not a si natory party to this agreement, it eing the intention of the parties hereto at their duties and obligations re to each other and not for the benefit of r for third party beneficiaries. 6. CONFIDENTIALITY Consultant shall treat as confid ntial property an not disclose to others during or subsequent to the term of this Agreement, a ept as necessary to perform this Agreement (and then only on a nfidential b sis satisfactory to both parties), any information and documents (in luding thout limitation any environmental information, reports, data, or fin cial i ormation) which may be delivered to Consultant by Client. Nothing above, however, shall pre ent Consultant from disclosing to others or using in any manner information t t onsultant can demonstrate: A. Has been published an as be me part of the public domain other than by acts, omissions fault o Consultant, their employees, agents, contractors and/or co sultants; or, B. Has been furnish or made kno to Consultant by a third party (other than those actin directly or indirec y for or on behalf of Consultant or Client) as a ma er of legal right witho t restrictions on its disclosure; or, C. Was in Con ultant's possession prior to he date of this agreement and/or prior to the date of disclosure thereof by C 'ent. D. Must be isclosed pursuant to any statute, lav� regulation, ordinance, order or de ee of any governmental authority \having jurisdiction over Cons tant or any of its employees, agents, contractors and /or consultants. The foreg ng obligations in this Section 6 shall survive for a period of one (1) year from t e mutual execution of this Agreement. Agreement for Professional Services May 2011 Page 4 7. TERM AND TERMINATION OF AGREEMENT This Agreement shall remain in full force and effect from t date of its execution until (i) Consultant's completion of the Services; /don tion of a development implementation agreement; or (iii) termination greement pursuant to provision A or B of this Pa graph. Termination oeement shall discharge only those obligations that e executory by either and after the effective date of termination. Any rig or duty of a party bither performance or a breach of this Agreement, prio to the effective dat nation, shall survive. A. Client reserves the right to terminate is Agreement at any time upon delivery of written notice o Consult t, even though Consultant is not in default. If Client terminat s this reement pursuant to this paragraph, Client shall compensate Co sult for all actual expenses and charges outstanding at the time of to ina on. B. Consultant shall have the righ o terminate its obligations pursuant to this Agreement if one of the fol ng conditions exists and it has not been remedied or cured within irty 30) days of Client's receipt of written notice of such condition: i. A substantial br ach of any Material obligation of client under this Agreement; or ii. If Consultan is unable for any reason beyond its control to perform its obligati s pursuant to this `�greement in a safe, lawful and profession manner. In Addit' n to the foregoing rights of termination, Consultant shall have th right to terminate its obligati(�is pursuant to this agreement at any me upon sixty (60) days prior written notice to Client. Upo Consultants termination of its obligations, Client shall pay all act 1 expenses and charges as of the dale of termination, which '`,,to ch ges and expenses shall not continue accrue after Client re eives Consultant's notice of termination. C. The to ination of this Agreement under the provisions of this Article 7 shall t affect the rights of either party with respect to any damages it has suffe d as a result of any breach of this Agreement, nor shall it affect the rights or obligations of either party with respect to liability or claims accrued, or arising out of events occurring or conditions existing, prior to the date of termination, all of which shall survive such termination. Agreement for Professional Services May 2011 Page 5 8. WAIVER A Waiver on the part of the Client or Consultant of any term, provision or condition of this Agreement shall not constitute a precedent or bind eith r Party to a waiver of any succeeding breach of the same or any other term, p ovision or condition of this Agreement. j 9. ENTIRE AGREEMENT 10. 11. This Agreement, including any Exhibits and any addenda tutes the entire Agreement betwe Consultant and Client. It supers es all prior or contemporaneous comm ications, representations or agree m ts, whether oral or written, relating to the Se ices set forth in this Agreement. his Agreement may be amended only by a writt n instrument signed by both arties. The captions in this Agreement are for conv fence in identification o he several provisions and shall not constitute a part o this Agreement nor e considered interpretative thereof. ASSIGNMENT This Agreement shall be binding upon hereto. However, this Agreement ha first obtaining the written consent o e SEVERABILITY Every paragraph, part, term or rovisi others. If any paragraph7thremaining term or held to be void, invalid nforceab competent jurisdiction, this Agreement shall naffected effect. 12. NOTICES Any information shall be deemed 1 certified mail (n respective party party may desig� e successors or assigns of the parties not be assigned by either party without other. of this Agreement is severable from the ►vision of this Agreement is construed or order, decree or judgment of a court of r raphs, parts, terms and provisions of .rev but shall remain in full force and notices required to be given N ave been sufficiently given if, n receipt requested, postage forth below, or to such other by written notice. writing under this Agreement livered either personally or by Z id), to the address of the ess for either party as that Agreement for Professional Services May 2011 Page 6 For the Client: Wendy Ford Economic Development Coordinator City of Iowa City 410 E. Washington St. Iowa City, IA 52240 13. GENERAL TERMS The Consultants agree to fu i demand by the City, copies and any other data prepared Agreement without cost, and relative to specific projects co Consultants shall not be liable projects. For the Consultant: Gerald S. Divaris Chief Executive Officer Divaris Real Estate, Inc. One Columbus Center, Suite 700 Virginia Beach, VA 23462 sh, upon termination of this AgrVement and upon all basic notes and sketches, c rts, computations, obtained by the Consultants ursuant to this vithout restrictions or limita on as to the use t ed under this Agreemenf. In such event, the r the City's use of sucXdocuments on other Upon signing this agreement, Co Iowa Code prohibits a City office contract with the City, and certifie,, includes members of the City Coui interest either direct or indirect, in exceptions to said statutory provisi 14. GOVERNING LAW This Agreement shall be of Iowa. ultants acknoy(ledged that Section 362.5 of the or employe from having an interest in a that no e ployee or officer of the City, which i it and ity boards and commissions, has an t 's ag ement, that does not fall within the nn a merated in Iowa Code Section 362.5 pursuant to the laws of the State IN WITNESS WHEREO t, the Client and Consultant have caused this Agreement to be executed b their duly autho 'zed representatives, as follows: CLIENT: ONSULTANT: City of Iowa City Di \axis Real Estate, Inc. Attest: J. Hayek, Mayor Marian K. Karr, City Clerk By: e: Gerald S. Divaris Title: CT Executive Officer CITY OF IOWA CITY, IA SCOPE OF SERVICE STRATEGIC ASSESSMENT EXHIBIT A Divaris Real Estate, Inc., as assigned to John Millar specifically, will conduct a strategic assessment for Do town Iowa City, IA. The strategic assessment will analyze and make recom ndations for the enhancement of repil opportunities in Downtown Iowa City: A. Downtown Iowa Cit as a "Central Marketplace" 1) Analyze Io a City's demographics fro a 1, 3, 5, 10, 20 and 30 mile radius; 2) Define the pr ary and secondary tr de areas for Iowa City; 3) Analyze the i pact of the Univers' y of Iowa's student population on the econom of Iowa City. 4) Analyze the ec omic impact "Direct Visitors" spending on the economy of low City from s orts events (primarily football and basketball), medi al, confer ce visitors, Carver - Hawkeye Arena events' visitors stude and parent visitors; 5) Analyze the poten 'al i act of aging "Baby Boomers" alumni on Iowa City's retail d r sidential potential; 6) Determine the impa of all three consumer sectors on the total Iowa City economy and i potential opportunities for retail, entertainment, offi e d multi - family residential. C. 1) Analyze the ex4sting an ti Iowa City M ketplace; 2) Analyze the xisting an d City regio (30 -mile radius 3) Analyze t existing and fu Quad Ci es and Cedar Rap 4) Determ' e the prospective i �ity and the Surrounding Area retail competition in the immediate retail competition in the Greater Iowa retail centers in Des Moines, The for Downtown Iowa City. .ish Ana4aues from Other Com crab Colle e Towns 1) Ide ify other College Towns with 'milar circumstances, such as a col ge dominated economy, a regio 1 draw of 30 miles without m or city competition, a strong "Bab oomer" alumni base and a t p -fifty 1 -A football program; e.g. Ma ' on, WI; Lincoln, NE; and rbana- Champaign, IL; These tasks will e conducted remotely via online research. 2) Identify retailer prospects with successful tra records in College Towns; these tasks will be conducted remotelyXia online research. D. Establish a Merchandising Plan for the Downtown Iowa City 1) Determine the amount of supportable retail space for the Downtown Iowa City; 2) Create a master list of potential compatible retailers by merchandise category for Downtown Iowa City; 3) Create an ideal tenant mix for owntown Iowa City, identifying the best and most compatible re filers for towns- people, students, alumni and direct visitors, ' cluding the recommended si and merchandise category of e ch retailer. II. Compensation: For the consulting services defined in Estate, Inc. will be compensated in the A -D of this Exhibit "A% Divaris Real ing manner: 1. $10,000 will be paid and submitte with the signed agree nt; 2. $10,000 will be paid thirty days a er the initial payment ove; 3. $10,000 will be paid after the Divq ris report is finalized d presented to the City of Iowa City, IA. 4. The parties acknowledge that the s m total to be pai ivaris for its services under this Exhibit "A" shall not ex eed $30,000, i lusive of all travel and /or other expenses. III. Travel Expenses: Two face -to -face meetings — a "kickoff' m eting an a final report presentation —will be held with the City of Iowa City as outlin d herei . It is agreed that all other related travel expenses will be reimbursed as submi ed. owever, the parties acknowledge and agree that the sum total to be paid Divan fo its services under this Exhibit "A ", shall not exceed $30,000 as outlined in Secti I.4 above, inclusive of all travel and/or other expenses submitted for reimburs ent. Exhibit B Scope of Customer Survey and Research Services I. Background At a time when the City of Io there exists an opportunity to Downtown Iowa City into a direct visitors and alumni. I needs to be conducted to d e customers listed above des' e Millar specifically, will co d II. Research Obiectives 1. Provide information to and to direct the marke III. w ity has revised I vise the restaurant ;athering place for to order to do this, a de rmine those merch Divaris Real Est f pct this detailed c t� maximize leasing an 2. Establish the profile of Powntoi college students, colleg faculty want in the Downtown Irea. 3. Compare and contrast customer groups. 4. Identify strengths and we consumer's perspective ( 5. Determine what types of operational changes wou and non - shoppers. 6. Determine consumer Downtown Iowa City ,21-and-older bar law, nd retail orientation of nsfolk, college students, iled customer survey ise choices that the Inc., as assigned to John ner survey as follows: Iowa City's potential nent activities. City's three potential customers - nsfolk to understand what they is characteristics of the three > of Downtown Iowa City from the current customers and non - shoppers). itional stores, services, restaurants or gild loyalty and frequency among shoppers for national retailers and restaurants for A. Consultant will cr ate a questionnaire that will define the customers' demographics, h they shop and what they want in Downtown Iowa City. Consultan will use three different research internet sites to target the three distinct t es of consumers in Downtown Iowa City. 1) Univkrsity of Iowa students. 2) University of Iowa Staff and Faculty. IV. Based on the results of consumer surveys, Consultant will integrate the results into the strategic plan developed in Exhibit A: V. Compensation: For the strategic consulting Inc. will be compensated in A. $5,000 will be B. $5,000 will be C. $5,000 will be no later than thi . shall not exceed expenses. ;rvices defined in Exhib' B, Divaris Real Estate, ie following manner: 3 upon signing of this greement. I one month after sig ing of this Agreement. 3 after the Divaris al Estate report is finalized (30) days after fi lization of same, which total 15,000, inclusiv of any travel and /or other A. Yroctuction of a t- ouaterai razz— , jLuw Would Include• 1) Creation of a 4 -page color broch 2) Creation of a complete informati brochure for broadcast e-mail to r 3) Complete contact list for retailers representative, tenant's broker (if mail address and phone numbers. Fee: Not to exceed $5,000 due 1 — 3 above. is for mailing and ICSC events. package; including 4 -page color ailers and restaurants. id restaurants, including tenant quid by tenant), mailing address, e- thirty (30) days after completion of 15 Prepared by Wendy Ford, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 11 -206 RESOLUTION AUTHORIZING EXECUTION OF A COST SHARING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR PROFESSIONAL SERVICES TO CONDUCT A STRATEGIC ASSESSMENT OF DOWNTOWN IOWA CITY AND MAKE RECOMMENDATIONS FOR THE ENHANCEMENT OF RETAIL OPPORTUNITIES. WHEREAS, the University of Iowa seeks to partner in the continued development of the downtown area as a place of gathering, and WHEREAS, the City has contracted with Divaris Real Estate, Inc. for a strategic assessment of downtown Iowa City along with recommendations for the enhancement of retail opportunities, and WHEREAS, the University values downtown as a recruiting highlight for students and faculty, and WHEREAS, having a vital interest and as a stakeholder in downtown Iowa City, the University has agreed to share in the costs of such study, and WHEREAS, the parties wish to memorialize their agreement to share the costs of the study, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized to execute a cost sharing agreement with the University of Iowa for Professional Services to conduct a strategic assessment of downtown Iowa City and make recommendations for the enhancement of retail opportunities, and said agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. Passed and approved this 7th day of June 12011 ATTEST: CITyfERK Resolution No. 11 -206 Page 2 It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Y Bailey X Champion _x Dickens x Hayek x Mims _x Wilburn x Wright wpdata /glossary/resolution -ic. doc COST SHARING AGREEMENT BETWEEN THE UNIVERSITY OF IOWA AND IOWA CITY, IOWA, IN THE PROFESSIONAL SERVICES AGREEMENT TO CONDUCT A STRATEGIC ASSESSMENT OF DOWNTOWN IOWA CITY AND TO MAKE RECOMMENDATIONS FOR THE ENHANCEMENT OF RETAIL OPPORTUNITIES WHEREAS, the University of Iowa wishes to support the efforts by the City of Iowa City to develop the downtown area as a place for retail operations and entertainment venues; and WHEREAS, the City has contracted with Divaris Real Estate, Inc. for a strategic assessment of downtown Iowa City along with recommendations for the enhancement of retail opportunities; and WHEREAS, the University values downtown as a recruiting highlight for students, faculty and staff; and WHEREAS, having a vital interest and as a stakeholder in downtown Iowa City, the University has agreed to share in the costs of such study; and WHEREAS, the parties wish to memorialize their agreement to share the costs'of the study, In consideration of their mutual promises herein, the University of Iowa ( "University ") and the City of Iowa City, Iowa ( "City ") hereby agree as follows: The City of Iowa City has entered into an Agreement for Professional Services with Divaris Real Estate, Inc. for a strategic assessment of downtown Iowa City along with recommendations for the enhancement of retail opportunities. Understanding that the University values downtown as a recruiting highlight of students, faculty and staff that the University has a vital interest as a stakeholder in downtown Iowa City, the University wishes to participate in sharing of costs of said Agreement. 2. The Parties to this Agreement acknowledge that the City has entered into an Agreement for Professional Services with Divaris Real Estate, Inc., which includes three (3) scope of services modules attached hereto as Exhibits A -C, with the scope of such services not to exceed $50,000, with additional travel and other costs not to exceed a maximum of $5,000. 3. The University hereby agrees to participate in 50% of the cost of such study and recommendations, with the total cost of such participation not to exceed $27,500, or one -half of the total cost of the Agreement for Professional Services as outlined in that Agreement, inclusive of travel costs. 4. The University agrees to pay their portion of the costs of such study within thirty (30) calendar days of receiving an invoice for same from the City, as sent to George Hollins, University of Iowa Business Manager, 2660 University Capitol Center, Iowa City, Iowa. IN WITNESS WHEREOF, the City and University have caused this Agreement to be executed by their duly authorized representatives, as follows: CITY OF IOWA CITY: By: A"A-�h Matthew J. Hayek, ayor Attest: Marian . Karr, City Clerk UNIVERSITY OF IOWA: By: Name: eorge. Hol ms Title: University Business Manager Prepared by: Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5230 RESOLUTION NO. 11 -207 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH NEWCREST FOR ARCHITECTURAL DESIGN SERVICES WHEREAS, Newcrest, DBA Internal Medicine, owner of 2460 Towncrest Drive, Iowa City, Iowa, desires to enter in to an agreement with RDG Planning and Design for fagade enhancement, elevation drawing, and probable costs with a not to exceed cost of $3,000; and WHEREAS, this property is located within the Towncrest Urban Renewal Area and governed by the Towncrest Urban Renewal Plan which authorizes the City of Iowa City to providefinancial incentives to revitalize the commercial and residential properties in the Towncrest neighborhood; and WHEREAS, the City Council finds that the public interest will be served by providing a matching grant for pre - development assistance for architectural services to revitalize the medical office building located at 2460 Towncrest Drive; and WHEREAS, funds for this grant are available in Account #4514 - 458000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to execute and the City Clerk to attest an agreement, in a form approved by the City Attorney, with Newcrest to reimburse 50% (up to $1,500) of their architectural design services contract with RDG Planning and Design. Passed and approved this 7tnday of June , 2011. ATTEST: IT LERK City Attorney's Office Resolution No. 11 -207 Page 2 It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS X x X _ x X X ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright ABSTAIN: x CITY OF IOWA C I T 16 • ®��-� MEMORANDUM Date: May 26, 2011 To: Thomas M. Markus From: Tracy Hightshoe, Community Development Planner Re: Towncrest Financial Incentives At your June 7th Council meeting, there is a resolution authorizing the mayor to enter an agreement with Newcrest (doing business as Internal Medicine) for architectural design services. Newcrest will enter an architectural design service agreement with RDG Planning and Design for their medical offices at 2460 Towncrest Drive for facade enhancement, elevation drawings and probable costs. Funds for this purpose are available in the Towncrest Redevelopment, Community & Economic Development fund (capital project). The Towncrest Urban Renewal Plan was adopted in December of 2010 and funds were also set aside in the capital improvement budget for financial incentives to revitalize existing buildings and encourage new development in the Towncrest Urban Renewal area. These incentives include a matching grant of up to $25,000 for facade improvements, gap financing up to $300,000 for new construction or substantial reconsideration ( "catalyst" projects), and matching grants of up to $25,000 to support pre - development assistance for items such as architectural design, engineering and environmental assessment. At the next City Council Economic Development committee meeting, the committee will consider making a recommendation to Council providing the authority for the City Manager to execute facade improvement and pre - development grants (up to $25,000) for Towncrest projects. Staff recommends that catalyst projects will continue to be reviewed and approved individually by City Council. At your June 7th meeting, we are asking that you consider approval of the Newcrest agreement that will reimburse 50% (up to $1,500) of their architectural design service agreement with RDG Planning and Design. If you have any questions, please feel free to contact me at 356 -5244 or tracy- hightshoe@iowa- city.org. Cc: Jeff Davidson Wendy Ford Steve Long r 17 ®r CITY OF IOWA CITY MEMORANDUM Date: May 11, 2011 To: Tom Markus From: Kent Ralston; Acting Traffic Engineering Planner Re: Item for June 7, 2011 City Council meeting: Proposed traffic calming on Tipperary Road Tipperary Road residents requested that Tipperary Road (between Shannon Drive and Dublin Drive) be considered for the City's adopted Traffic Calming program. The neighborhood has successfull�r completed the required steps as outlined by City Council. A traffic study showed that the 85' percentile speeds were between 32 mph and 33 mph, and traffic volumes between 681 and 804 vehicles per day. Signs were posted along Tipperary Road to solicit public comments about the proposed traffic calming. Comments were also solicited from the City of Iowa City Police, Fire, Transit, and Public Works departments as well as the Johnson County Ambulance Service. No comments were received from these organizations. The attached resolution, if approved, will allow staff to proceed with the installation of speed humps on Tipperary Road between Shannon Drive and Dublin Drive. cc: Tom Markus Dale Helling Jeff Davidson John Yapp Rick Fosse Ron Knoche Marcia Bollinger Kathrvn Johansen From: Kent Ralston Sent: Friday, May 20, 2011 1:27 PM To: Kathryn Johansen Subject: FW: speed bumps Attachments: image003.jpg Kathi — Could you please include this correspondence with the Tipperary Road Traffic Calming materials for the June 7 "' Council meeting. Thanks! Kent Ralston, AICP Assistant Transportation Planner Metropolitan Planning Organization of Johnson County 410 E Washington St., Iowa City, IA 52240 310 356 5253 www 1ccoc ory p t..l From: RYAN NIVER [mailto:ryan.niver @gmail.com] Sent: Friday, May 20, 2011 12:02 PM To: Kent Ralston Subject: speed bumps Kent- I saw the signs around Galway Hills in regards to installing speed bumps. I think this is an awful idea because the speed bumps in Walnut Ridge as well as the current ones on Shannon restrict where I can even drive my car. I know I am a big of a unique situation but I have a chevy corvette and even if I go over the bumps literally at a crawling pace of 2 mph or so they scrape the front of my car. I cannot even travel into walnut ridge where a friend lives or travel on shannon at all. I have to detour over to melrose then take mormon trek to go south vs. cutting through on shannon. Not only that they are a huge nuisance regardless if people even drive fast. I don't think speeders are an issue in the neighborhood anyway since it is a very quiet neighborhood. Either way, a huge vote no on the speed bumps otherwise I guess I'll have to buy a different car so I can take on the off road course that Galway Hills will become. 1 Ryan Niver 743 Tipperary Rd. Kathryn Johansen From: Kathryn Johansen Sent: Wednesday, June 01, 2011 1:53 PM To: Kathryn Johansen Subject: FW: speed humps. From: austin sherlock [mailto:austinsherlock @gmail.com] Sent: Sunday, May 22, 2011 10:59 PM To: Kent Ralston Subject: speed humps. On May 18, 20114:31 PM, "austin sherlock" <austinsherlock@gmail.com> wrote: > i am 17, and attend west high school. i live in the southwest estates. i go > on this street every day, at least twice, the speed humps you put on Shannon > Dr. are irritating enough. that road is an obstacle course. from Rorhet to > Melrose. the road is narrow. and they're always cars parked on the side > making it more confined. also on Shannon it appears that who ever built it > messed up pretty good cause at the end of each street the curb comes out a > good 2 to 3 feet and is rounded. the street is incredibly narrow. there are > two speed humps that shouldn't be there. along with a "raised walk > way" which is ridiculous. i encourage you to see the amount of concrete > missing on the hump. the thing is huge. people bottom out on that thing > constantly even when going 10 mph. with everything, speed humps, raised walk > ways, cars parked, and the curb thing it seems like you are trying to slow > people down? by creating more obstacles. Shannon dr. is a huge hill. i hope > you realize that. its pretty tough to go 25 down a 45 degree slope. the > speed humps now are a problem cause they force people to go extremely slow. > your logic say "there is too much traffic and people are going to fast, so > we'll put speed humps, a raised walkway and jet out the curbs into the > street, and make the road resemble a question mark" i hope you do this for > every road with slight traffic problems.(sarcasm)maybe you should put speed > humps on the interstate cause people speed too much! i am utterly irritated > that someone proposed this idiotic idea. everyone i have talked to agrees > that the speed humps are crazy, the current ones should be removed. please > do not build any more obstacles Kathryn Johansen From: Kathryn Johansen Sent: Wednesday, June 01, 2011 1:53 PM To: Kathryn Johansen Subject: FW: Speed Calming From: Ruth, John H [mailto:jack -ruth @uiowa.edu] Sent: Monday, May 23, 2011 12:05 PM To: Kent Ralston Subject: Speed Calming Kent Please convey my feelings about the speed bumps proposed for Dublin Dr. The profile of the bumps on Shannon Drive should become the norm for speed control bumps on a 25 mph street. They are less of a hazard of losing control than those on Teg Drive and Kimball Road. Please make a second copy of this email and convey it to the city traffic engineer Some effort should be made to make the paralell street, Mormon Trek more user friendly. There is a need for a turn lane into the driveway to Hartig Drug and the convenience store to the south. There also should be standards for commercial driveways entering an arterial street regarding the turn radius. Traffic making a right turn into that street or into the convenience store just south of there must stop before turning if there is another car in the driveway. The same would be the case for a city bus. Using Shannon Drive is not much shorter and is a difficult turn onto Melrose but when coupled with the above problems on Mormon Trek becomes a reasonable option. The raised bike trail crossing of Shannon is doing more to give biking a negative opinion among the motoring public than can be negated with all of efforts of city staff and signs proclaiming that Iowa City is bike friendly. There is no way it is designed for a 25 mph street. It would not be quite so bad if the trail did not obviously end in about 75 yards to the west. John H. (Jack) Ruth 1220 Hunters Run Iowa City, IA 52246 319.337.6295 M-�(T Prepared by: Kent Ralston, Acting Traffic Engineering Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5253 RESOLUTION NO. 11 -208 RESOLUTION AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON TIPPERARY ROAD BETWEEN SHANNON DRIVE AND DUBLIN DRIVE WHEREAS, the City Council has established a traffic calming program for the City of Iowa City for the purpose of considering neighborhood traffic calming projects; and WHEREAS, the residents of Tipperary Road between Shannon Drive and Dublin Drive have gone through the process of considering a traffic calming project according to the City Council's approved procedure; and WHEREAS, a neighborhood survey has been conducted in accordance with the approved traffic calming program, and a 100% majority of the neighborhood has indicated they are in favor of speed humps; and WHEREAS, the City Council finds said proposal to be in the public interest and is consistent with its adopted traffic calming program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposal for the installation of speed humps on Tipperary Road between Shannon Drive and Dublin Drive is hereby approved. 2. City staff is directed to proceed with the installation of speed humps on Tipperary Road. 3. The installation will be reevaluated in one year by neighborhood survey in accordance with the City Council's approved procedure. Passed and approved this 7th day of June MAYOR 20 11 y pproved by ATTEST: 2k,4e Jq� � J CITY'CtERK City Attorney's Office 5-119111 Resolution No. 11 -208 Page 2 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright wpdata /g I ossa ry/resolution -ic. d oc r - ,-.-4� CITY OF IOWA CIT 18 ma Ash, MEMORANDUM Date: May 31, 2011 To: Tom Markus, City Manager From: Michael Moran, Parks & Recreation Directory Re: Contract between the Parks & Recreation Department & DogPAC Introduction: DogPAC has been an integral partner with the Department in the development of the cities dog parks, both in support, monetarily, labor and creating enthusiasm. This is a continuation of the previous contracts with this outside organization and the City. History /Background: The initial contract was for three years. With the development of a second park the contract length was reduced to one year so that we could re- evaluate progress every year. In this year's agreement we have removed the cost sharing portion to the DogPAC group and are designating all of the revenue to the City since they are assuming the cost of the dog park attendants. DogPAC will continue on with maintaining and enhancing the parks. Discussion of Solution: The Parks and Recreation Commission and the board of Directors of DogPAC have both endorsed this contract agreement for another year. Recommendation: The Department recommends adoption and passage of this agreement for one year. M �j � Prepared by: Michael Moran, Parks & Recreation Director, 220 S. Gilbert St., Iowa City, 52240 (319) 356 -5110 RESOLUTION NO. 11-209 RESOLUTION APPROVING AN AGREEEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC FOR JOINT MAINTENANCE OF THE THORNBERRY AND RITA'S RANCH OFF -LEASH DOG PARKS. WHEREAS, the City of Iowa City and Johnson County DogPAC, a private non - profit corporation which advocates for the development of dog parks and other dog activities in and around Iowa City, have cooperated in the construction and maintenance of two off -leash parks and have previously negotiated a shared maintenance and fee - sharing agreement, which has now expired: and WHEREAS, in order to ensure public compliance with the rules and regulations of parks, including dog registration requirements, the City now desires to provide staffing at the parks; and WHEREAS, in order to recover the cost of this additional staffing expense, the parties the attached agreement contemplates that the City will now receive all monies from the dog registration revenue and DogPAC will continue its efforts to maintain and enhance the parks; and WHEREAS, the Parks and Recreation Commission has voted to support this agreement on Wednesday, May 11, 2011, and WHEREAS, the City Council finds it is in the public interest to enter into the attached agreement for the maintenance of the dog parks in a form approved by the City Attorney's Office and the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Mayor and the Clerk are hereby authorized and directed to execute said agreement, and is in the public interest and approved as to form and content. Passed and approved this 7th day of June , 2011. A - MAYOR Approved by ATTEST: i lam% 9� ��2� Z�� 04. elo✓ CITY C-EERK City Attorney's Office It was moved by Aims and seconded by Champion the Resolution be adopted, and upon roll call there were: Resolution No. 11 -209 Page 2 AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DogPAC FOR JOINT MAINTENANCE OF THE THORNBERRY AND RITA'S RANCH OFF -LEASH DOG PARKS WHEREAS, Johnson County DogPAC, Inc. (hereinafter referred to as "DogPAC ") is a non- profit corporation which advocates for the development of dog parks and other dog activities in and around Iowa City, and WHEREAS, the City of Iowa City (hereinafter referred to as "City ") is the owner of the Thornberry Off -Leash Dog Park, located within Peninsula Park, and Rita's Ranch, located within Scott Park, and WHEREAS, DogPAC has been instrumental to the City in raising funds for said dog parks; and WHEREAS, DogPAC and the City desire to set forth in writing their agreement regarding the maintenance of said dog parks, and the parties' respective rights and obligations with respect thereto. NOW, THEREFORE IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Intent: The intent of this agreement is for the City and DogPAC to cooperatively provide dog parks within Peninsula Park and Scott Park. for use by the general public. Further, the intent is to cooperatively maintain these facilities for maximum benefit of both entities. 2. Use: The dog parks will be available for use by the general public, and will be open during regular park hours as established by City Code. DogPAC shall have priority rights for scheduling special events and activities in the dog parks. Said events and activities shall be approved in advance by the City. Maintenance: Except as provided in this agreement, the City shall assume full responsibility and all costs for maintenance and repair of the. dog parks and associated facilities, including routine mowing, snow removal and hauling away litter and the provision of park attendants. DogPAC shall be responsible for maintaining any specialized equipment owned by them and placed on the premises with City approval, for policing the areas on a routine basis to pick up dog feces and other litter, and for placing same in receptacles provided by the City. DogPAC may also, from time to time, organize volunteer activities to assist with maintenance and development of the dog parks. 4. Utility Costs: The City shall pay all utility costs in connection with said dog parks. Codes and Rules: DogPAC agrees to follow and observe all local and state codes, rules and regulations and obtain all necessary permits as may be required. in: conjunction with its activities. 6. Fund Raising: It is understood and agreed that, from time to time, DogPAC may conduct appropriate fund raising activities at the dog parks, with proceeds to benefit DogPAC and /or the dog parks. Said activities shall be scheduled through the City. 7. Fees: DogPAC, as an organization, shall not be required to pay any fees to the City in connection with the rights granted to DogPAC herein. Fees for individual use of the dog parks will be established by joint effort of the City and DogPAC and sbail be approved by the City Council upon recommendation of the Parks and Recreation Commission, as provided in the City Code. Liability Insurance: DogPAC agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever ansing'm regard to its fund raising and other events in the dog parks. DogPAC may be required to provide and pay for liability insurance with respect to its use of said dog parks in an amount established by the City, and, if required, shall provide proof of said liability insurance to the City. The City shall provide hazard insurance at its expense with respect to fixed assets located at the'dog parks. 9. Amendments: The terms of this agreement may be amended at anytime by mutual written agreement between the City and DogPAC. 10. Term & Termination of Agreement: This agreement is in effect for one (1) year from the date it is executed by both parties, and may be renewed by mutual written consent of the parties for an unlimited number of renewal terms of one (1) year each. Either the City or DogPAC may terminate this agreement at any time for good cause. Such termination must be in writing with at least ninety (90) days notice. Termination may also occur upon mutual written agreement of both parties so long as neither party is in default of any of the provisions of this agreement. DATED this 7th day of June 12011. CITY OF IOWA CITY JOHNSON COUNTY DogPAC �> By: / By: L/ MAYOR Attest: ` ' ;" i . CITVI-C —LERK Approved by: City Attorney Office AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DogPAC FOR JOINT MAINTENANCE OF THE THORNBERRY AND RITA'S RANCH OFF -LEASH DOG PARKS WHEREAS, Johnson C my DogPAC, Inc. (hereinafter referred to as "DogPAC ") is a non- profit corporation which dvocates for the development of dog parks and other dog activities in and around Iowa City, and WHEREAS, the City of Thornberry Off -Leash Dog Scott Park, and WHEREAS, DogPAC has WHEREAS, DogPAC and maintenance of said dog p. thereto. Iowa City (hereinafter referred to a$ "City ") is the owner of the Park, located within Peninsula Park, d Rita's Ranch, located within NOW, THEREFORE IT IS 1. Intent: The intent of this dog parks within Peninsula intent is to cooperatively ma instrumental to the City in raving funds for said dog parks; and City desire to set forth in riting their agreement regarding the and the parties' respect e rights and obligations with respect BY THE PAtRTIES AS FOLLOWS: lent is fort City and DogPAC to cooperatively provide and Scott Yark for use by the general public. Further, the these facilities for maximum benefit of both entities. 2. Use: The dog parks will be avail le fa use by the general public, and will be open during regular park hours as established by ity Code. DogPAC shall have priority rights for scheduling special events and activi ' s in the dog parks. Said events and activities shall be approved in advance by the City. 3. Maintenance: Except as provide in th and all costs for maintenance a d repair routine mowing, snow remov and hauli DogPAC shall be responsibl for maintai placed on the premises wit ity approval dog feces and other litter, nd for placing may also, from time to line, organize v development of the dog arks. agreement, the City shall assume full responsibility f the dog parks and associated facilities, including n away litter and the provision of park attendants. maintain any specialized equipment owned by them and f policing the areas on a routine basis to pick up sam in receptacles provided by the City. DogPAC olunt r activities to assist with maintenance and 4. Utility Costs: The CXy shall pay all utility costs in connection with said dog parks. 5. Codes and Rules: DogPAC agrees to follow and obse e all local and state codes, rules and regulations and tain all necessary permits as may required in conjunction with its activities. 6. Fund Raisin : It is understood and agreed that, from time time, DogPAC may conduct appropriate nd raising activities at the dog parks, with proce s to benefit DogPAC and /or the dog pars. Said activities shall be scheduled through the City 7. Fees: YogPAC, as an organization, shall not be required to pay any fees to the City in connection with the rights granted to DogPAC herein. Fees for individual use of the dog parks will be established by joint effort of the City and DogPAC and shall be approved by the City Council upon recommendation of the Parks and Recreation Commission, as provided in the City Code. 8. Liability Insurance: DogPAC agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to it fund raising and other events in the dog pa'' s. DogPAC may be required to provide and ay for liability insurance with respect to its use f said dog parks in an amount established b the City, and, if required, shall provide proof of sa'd liability insurance to the City. The C' y shall provide hazard insurance at its expense with re ect to fixed assets located at the do parks. 9. Amendments: The terms, of this agreement may be mended at any time by mutual written agreement between the Crt nd DogPAC. / 10. Term & Termination of Agre*ent: This date it is executed by both parties, and may parties for an unlimited number of \renewal 1 DogPAC may terminate this agreemei�t,at a in writing with at least ninety (90) day of written agreement of both parties so long she of this agreement. \\ DATED this day of gr ment is in effect for one (1) year from the r renewed by mutual written consent of the rms of one (1) year each. Either the City or time for good cause. Such termination must be ce. Termination may also occur upon mutual ither party is in default of any of the provisions N1I1 CITY OF IOWA CITY JOHNSON 67Y DogPAC By: By: MAYOR /-- Attest: f CITY CLERK Approved by: City Attorney Office 1 City of Iowa City MEMORANDUM DATE: May 23, 2011 TO: Tom Markus, City Manager FROM: Rick Fosse, Public Works Director RE: Sidewalk Cafe Agreement with Chili Yummy, 100 S. Linn Street, Iowa City, Iowa — June 7, 2011 Chili Yummy desires to utilize public right -of -way along Washington Street and Clinton Street and operate a sidewalk cafe adjacent to their restaurant at 100 S. Linn Street. The Sidewalk Cafe Committee discussed this application and has approved the site for operation of a sidewalk cafe. The sidewalk caf6 will be identical to the cafe that was previously approved at this location and utilized by the previous tenant, David's Place. To enable Chili Yummy to operate a sidewalk caf6, staff has drafted a License Agreement between the City of Iowa City and Chili Yummy. This Agreement will allow Chili Yummy to install, operate, and maintain a sidewalk caf6. The agreement expires on February 1, 2012, as do all sidewalk cafe agreements. Staff recommends the authorization of the License Agreement with Chili Yummy, 100 S. Linn Street at the June 7, 2011 council meeting. 06 -07 -11 19 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 11 -210 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT CHILI YUMMY YUMMY CHILI, INC., D /B /A CHILI YUMMY, FOR A SIDEWALK CAFE. WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, University View Partners, as landlord, and Chili Yummy Yummy Chili, Inc., d /b /a Chili Yummy, as tenant, applied for a temporary use of the public right -of -way at 100 S. Linn Street, Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right -of -way, as enumerated in the License Agreement for Temporary Use of Public Right -of- Way (hereinafter "license agreement "). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 7th day of June _,2011 ATTEST: Akai1 2 A CITY CLERK A d b� City Attorney's Office Resolution No. 11 -210 Page 2 It was moved by Bailey and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x X x x x x wpdata /g lossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright City of Iowa City i1 121 & Lei ZEA Z I D DATE: May 26, 2011 TO: Tom Markus, City Manager FROM: Rick Fosse, Public Works Director RE: Sidewalk Cafe Agreement with Joseph's Steakhouse, 212 S. Clinton Street, Iowa City, Iowa — June 7, 2011 Joseph's Steakhouse desires to utilize public right -of -way along Clinton Street to operate a sidewalk cafe adjacent to their restaurant at 212 S. Clinton Street. The Sidewalk Cafe Committee discussed this application and has approved the site for operation of a sidewalk cafe. A sidewalk cafe was previously located at this site in 2004. To enable Joseph's Steakhouse to operate a sidewalk cafe, staff has drafted a License Agreement between the City of Iowa City and Joseph's Steakhouse. This Agreement will allow Joseph's Steakhouse to install, operate, and maintain a sidewalk cafe, The agreement expires on February 1, 2012, as do all sidewalk cafe agreements. Staff recommends the authorization of the License Agreement with Joseph's Steakhouse, 212 S. Clinton Street at the June 7, 2011 council meeting. 20 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 11 -211 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT MONDO'S OF IOWA CITY, INC., D /B /A JOSEPH'S STEAKHOUSE, FOR A SIDEWALK CAFE. WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Maureen Mondanaro, as landlord, and Mondo's of Iowa City, Inc., d /b /a Joseph's Steakhouse, as tenant, applied for a temporary use of the public right -of -way at 212 S. Clinton Street, Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right -of -way, as enumerated in the License Agreement for Temporary Use of Public Right -of- Way (hereinafter "license agreement "). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 7th day of June , 2011. MAYOR �I ATTEST: . V.z�L� CITY LERK Ap d b ,,, , r t l City Attorney's Office Resolution No. 11 -211 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: MAIM x X x x _ x x x wpdata /glossary/resolution- ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 21 1^ ,�.� CITY OF IOWA CITY at MEMORANDUM 1-nas- DATE: May 24, 2011 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: U.S. Highway 6 and Sycamore Street Intersection Improvement Project, Authorization to Acquire Property, June 7, 2011 Introduction: This memo pertains to acquisition of property for the U.S. Highway 6 and Sycamore Street Improvement Project. History / Background: The project scope includes improvements to the intersection of U.S. Highway 6 and Sycamore Street to improve safety by correcting lane alignment issues (north to south) and sight visibility issues (east to west), The intersection signal system is also in need of upgrade. This project will include installation of the following: • One (12' wide) lane to Sycamore Street. The additional lane will begin at Highway 6 and end prior to the access drive to Sycamore Mall. • Right turn lane from Highway 6 to southbound Sycamore Street. • Reconstruction of medians at the Highway 6 and Sycamore Street intersection to improve safety for traffic turning onto Sycamore Street. • New traffic signal system. • New retaining wall along the southwest corner of Sycamore Mall property to allow widening of Sycamore Street. • New 8' wide sidewalk along the east side of Sycamore Street from Highway 6 to Deforest Avenue. Discussion of Solution: Authorization of the acquisition of property for the U.S. Highway 6 and Sycamore Street project will allow the City to obtain construction easements along the east side of Sycamore Street, north of Highway 6. The easements will be used during the construction of a retaining wall and sidewalk along the southwest corner of the Sycamore Mall property and along the east side of Sycamore Street up to Deforest Avenue. Recommendation: Staff recommends adopting the resolution to authorize acquisition of property for the U.S. Highway 6 and Sycamore Street Intersection Improvement Project. cc: Rick Fosse Dave Panos tA �} Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319- 356 -5145 RESOLUTION NO. i 1 - 2.1.2__ RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT. WHEREAS, the City of Iowa City desires to construct the U.S. Highway 6 and Sycamore Street Intersection Improvement Project ( "Project ") which includes new traffic signalization and median reconstruction to improve lane geometry at the U.S. Hwy. 6 and Sycamore Street intersection, a turning lane addition on Sycamore Street (north of U.S. Hwy. 6), and installation of an 8' wide sidewalk along Sycamore Street from U.S. Hwy. 6 to Deforest Avenue, and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate, and maintain the proposed project; and WHEREAS, the City's Consultant, Foth Infrastructure and Environmental, has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. WHEREAS, funds for this project are available in the Sycamore Street - Highway 6 to City Limits account # 3811. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and /or easement for the construction of the ( "Project "), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee, is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed, and /or easement for the construction, operation and maintenance of the Project, The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/ or easements, and offers to purchase property and /or easements. 3. The City Manager or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest all documents necessary to effectuate the purchase of said property Resolution No. 11 -212 Page 2 rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 7th day of June MAYOR Approved by ATTEST: AZ�z��' CITY -E RK It was moved by Wilburn and seconded by adopted, and upon roll call there were: Kelso u City Attorney's Office 5131 1( Dickens AYES: NAYS: ABSENT: X Bailey x Champion X Dickens x_ Hayek x_ Mims x_ Wilburn x_ Wright the Resolution be U6-V1.1 1 r 22 CITY OF IOWA CITY - MEMORANDUM DATE: May 30, 2011 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Cooperative Agreement between the Iowa DOT and City of Iowa City for the North Dodge Street Pedestrian Bridge Over 1 -80 Project, June 7, 2011 Introduction: This item pertains to a cooperative agreement between the Iowa Department of Transportation and City of Iowa City for the construction of the North Dodge Street Pedestrian Bridge Over 1 -80 Project. The cooperative agreement details general responsibility of the Iowa DOT as construction administrator during construction of the Pedestrian Bridge Project. This was required by the Federal Highway Administration (FHWA) due to the construction being within the Interstate 80 right of way. History / Background: This project involves construction of a pedestrian bridge and pedestrian walkway to provide safer pedestrian crossing over Interstate 80 along North Dodge. In addition to a new pedestrian walkway, this project also includes replacement of deteriorated water main and force main along the west side of North Dodge /Highway 1. A previous agreement; Agreement 06 -09- ESP -49 signed by the City and DOT on November 1, 2009 and January 7, 2010 respectively, establish federal funding for the project under an Iowa DOT Economic Stimulus Grant. The Grant provides $1,800,000 of funding toward the project. The total estimated construction cost for the project is $3,213,000. The City's local share of the project will be funded with General Obligation and Revenue Bonds. Discussion of Solution: This cooperative agreement was developed due to a requirement of the FHWA which stipulated that project construction be administered by the Iowa Department of Transportation. Aside from the construction administration of the contract, the cooperative agreement also discusses general responsibility during project design and development. Recommendation: Staff recommends adopting the resolution to approve the Cooperative Agreement between the Iowa Department of Transportation and the City of Iowa City for the North Dodge Street Pedestrian Bridge Over 1 -80 Project. cc: Rick Fosse Dave Panos Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5415 RESOLUTION NO. 11-211 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COOPERATIVE AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF IOWA CITY FOR NORTH DODGE STREET PEDESTRIAN BRIDGE OVER 1 -80 PROJECT [ESIM- 080- 6(285)243-- OS -52]. Whereas, the City of Iowa City, Iowa has negotiated a cooperative agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by reference made a part hereof; and Whereas, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation for reimbursement of costs to construct the North Dodge Street Pedestrian Bridge Over 1 -80 Project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. It is in the public interest to enter into the above - mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. Passed and approved this 7th day of June , 2011. ATTEST: City C erk Mayor Lld, Approved by. City Attorney Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: x X x x x x Wilburn the Bailey Champion Dickens Hayek Mims Wright 723 -7 City of Iowa City MEMORANDUM DATE: May 23, 2011 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: EECBG Water Plant Improvement Projects 2011- awarding quotation On May 17, 2011 competitive quotations for the Energy Efficiency and Conservation Block Grant (EECBG) Water Plant Improvement Projects 2011, were publicly opened and read. Three quotations were received by the City Clerk's Office for the project. Engineer's Estimate: $ 86,250.00 Randall Electric, Inc.: $143,350.00 Price Industrial: $ 147,200.00 Advanced Electrical Services: $ 153,000.00 The purpose of the EECBG is to fund improvements that increase energy efficiency and reduce energy consumption. This is one of many EECBG City facility projects; it involves replacing lighting systems at the Water Plant and is fully financed by the grant. The low quotation was approximately 60% higher than the Engineer's estimate. After a review of the quotations, the increase costs were found to be due to multiple factors: • The Davis Bacon requirements • The EECBG and Energy rebate paperwork requirements • The difficulty of installation of work within the processing plant • Increase in material costs • Fixture cable lowering system in the process area • And the additional cost and time for the Contractor's Orientation Program (COP) training required by OSHA for all contractor's staff working at the Water Plant. All three quotations came in above the competitive quotation threshold of $100,000. And though above the engineer's estimate, the three quotations appear to be competitive as they are relatively close in range. The project will still have a favorable energy payback of 7.9 years; further, the entire construction cost, not just the estimate, will be reimbursed by EECBG financing. The lowest quotation of $143,350.00 is above the City Manager's contract authorization ($ 100,000), the documents were reviewed by the City Attorney's Office and staff was advised to proceed by filing a Resolution to Award the agreement and allowing the Mayor to sign the final contract documents. Recommendation: Awarding the competitive quotation bid to the lowest responsible, responsive bidder, Randall Electric, Inc. of Iowa City, by Council resolution thereby allowing the Mayor to sign the construction agreement and the project to proceed. cc: Rick Fosse, Director of Public Works Ed Moreno, Superintendent of Water Kumi Morris, Architectural Services Coordinator Prepared by: Kumi Morris, Eng. Div., & Brenda Nations, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5044 RESOLUTION NO. i 1 —9 14 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE EECBG WATER PLANT IMPROVEMENT PROJECT 2011. WHEREAS, Randall Electric, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $143,350.00 for construction of the above -named project; and WHEREAS, the original Consultant Engineer's estimate was $86,250.00; and WHEREAS, through a competitive quotation process, three bids were received and although they came in 60% higher than the Consultant's Estimate, the bids appear to be competitive based on the close range in the bid amounts; and WHEREAS, the increased costs are due to Davis Bacon Requirements, EECBG paperwork, difficulty of installation work within process areas and increased material cost; and WHEREAS, the amounts of the submitted bids were above the limit of competitive quotation, and thus the contract award must be approved by the City Council; and WHEREAS, funds for this project are available in the EECBG account # 2310- 435100. 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 Randall Electric, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The Director of Public Works is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 7th day of June 12011. &<A-A- MAYOR ATTEST: 2& CIT LERK pwen g /res /awrd con -ra nda I I E EC BG. doc Approved by City Attorney's Office S 1 Resolution No. 11 -214 Page 2 It was moved by Wright and seconded by Trims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion X Dickens x Hayek x Mims x Wilburn x— Wright wpdata/g I ossa ry/resol utio n4c. doc NOTICE TO BIDDERS GILBERT STREET CORRIDOR GILBERT STREET, FROM BURLINGTON_ STREET SOUTH TO THE RAILROAD OVERPASS Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 26th day of May, 2011, and shall be received in the City Clerk's office no later than said date and time. Sealed propos- als will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat at 7:00 P.M. on the 7th day of June, 2011, or at such later time and place as may then be scheduled. The Project will involve the following Improvements to Gilbert Street: • Hardscape improvements such as pavers • Streetscape improvements including lighting, PCC walks, bike racks and landscaping Project includes: 20 lights, 435 SY of PCC, 2410 SF of PCC Pavers, seventeen (17) trees and other site amenities such as bike racks and perennials All work is to be done in strict compliance with the plans and specifications prepared by Confluence of Iowa City, which has heretofore been approved by the City Council, and is on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. ADVERTISEMENT FOR BIDS AF -1 ay The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor , and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Date: June 14th 2011 Completion Date: August 19"', 2011 Liquidated Damages: $500.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of the Confluence, 9 South Linn Street, Iowa City, Iowa 52240, by bona fide bidders. A $50.00 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: Treasurer of the City of Iowa City, Iowa. "The deposit shall be refunded upon return of the contract documents within fourteen days after award of the project. If the contract documents are not returned within fourteen days after award and in a reusable condition, the deposit shall be forfeited." Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. ADVERTISEMENT FOR BIDS AF -2 The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK ADVERTISEMENT FOR BIDS AF -3 r �,MCG4 CITY OF IOWA. CITY MEMORANDUM Date: June 6, 2011 To: Tom Markus, City Manager From: Ron Knoche, City Engineer_ Re: Gilbert Street Streetscape Project The bid opening for the Gilbert Street Streetscape Project was held on Thursday, May 26th and the following bids were received: Calacci Construction Co., Inc. Iowa City, IA $ 353,649.40 All American Concrete, Inc. West Liberty, IA $ 366,687.65 Tricon General Construction Dubuque, IA $ 395,789.00 Engineer's Estimate $ 283,328.50 Although all three bids were above the estimate, Public Works and Engineering recommends awarding the contract to Calacci Construction Co., Inc. with the intent to reduce the following contract bid items. • Less five (5) light fixtures totaling $41,500. Reducing the number of light fixtures to ten (10). • Less seven hundred and thirty linear feet (730') of electrical feeder totaling $23,360. Reducing the total circuitry to one thousand seven hundred and forty linear feet (1740'). These reductions will eliminate the lighting along the east side of Gilbert Street, between Burlington Street and Ralston Creek. With these reductions, the low bidder remains Calacci Construction Co., Inc. and the revised contract total is $288,789.40. The project will be funded with GO bonds. Cc: Brian Boelk, Sr. Civil Engineer Rick Fosse, Public Works Director yv�g 1 24 Prepared by: Brian Boelk, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5437 RESOLUTION NO. 11 -215 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE GILBERT STREET STREETSCAPE PROJECT. WHEREAS, Calacci Construction Co., Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $353,649.40 for construction of the above -named project; and WHEREAS, funds for this project are available in the Gilbert Street Streetscape account #3815- 434710. 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 Calacci Construction Co., Inc. subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 7th day of June , 20 11 /10XIL-t- �v MAYOR Approved by I GtitGl �,.� ATTEST: ��Y��.� � ��+� --� CIT'OLERK City Attorney's Office S It was moved by Champion and seconded by w-; ¢ht the Resolution be adopted, and upon roll call there were: AYES: —X X X X X —X X Pweng/res/gilbertstscape- awrdcon.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright