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HomeMy WebLinkAbout2014-03-04 ResolutionPrepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 14-42 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Caliente Night Club, Inc. - 171 Hwy 1 West Passed and approved this 4th day of March , 2C 14 MAYOR Approved by ATTEST:/� if",. CITY CLERK City Attorney's Office It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton ' 01-0444- 4c(4) 0303-0�� 4c(6) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 14-43 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: Casey's General Store X63322 — 1904 Broadway St. Passed and approved this 4th day of March ATTEST:_����,, CITY CLERK 20 14 Ai��. MAYOR Approved by City Attorney's Office It was moved by Dobyns and seconded by Pa Resolution be adopted, and upon roll call there were: the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton ""a'. - T- mo`� Prepared by: Ron Knoche, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 14-44 RESOLUTION ACCEPTING THE WORK FOR THE BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT STP -U-3715(651)--70-52 WHEREAS, the Engineering Division has recommended that the work for construction of the Butler Bridge Pedestrian Trail Project STP -U-3715(651)--70-52, as included in a contract between the City of Iowa City and Peterson Contractors, Inc. of Reinbeck, Iowa dated October 6, 2011, 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 Butler Bridge Pedestrian Trail account # R4217; and WHEREAS, the final contract price is $906,150.31. 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 4th day of March 20 1 _. ATTEST: CITY bi-ERK MAYOR Approved by 4City�Altorney's Office It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: Pweng/masters/acptwork. doc 2/14 NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton WP�AX., N.��� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT February 13, 2014 City Clerk Iowa City, Iowa Re: Butler Bridge Pedestrian Trail Project Dear City Clerk: I hereby certify that the construction of the Butler Bridge Pedestrian Trail Project has been completed by Peterson Contractors of Reinbeck, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project was bid as a unit price contract and the final contract price is $906,150.31. There were a total of four (4) change or extra work orders for the project as described below: 1. Guardrail Replacement $ 17,510.00 2. Additional Erosion Control $ 3,153.40 3. Adjustments to Contract Quantity Items ($334.15) 4. Adjustments to Contract Quantity Items ($270.00) TOTAL $ 20,059.25 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, c2— Ronald R. Knoche, P.E. City Engineer pweng/masters/eng rpt. doc 4d(2) Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 14-45 RESOLUTION ACCEPTING THE WORK FOR THE 2012 IOWA RIVER POWER DAM REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2012 Iowa River Power Dam Repair Project, as included in a contract between the City of Iowa City and Lambourne Diving Service of Mechanicsville, Iowa, dated August 28, 2012, 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 Dam Repair account # 3278; and WHEREAS, the final contract price is $51,774.00. 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 4th day of March , 20j_4_. ATTEST: CITY Z,LERK MAYOR Approved by F City Attorney's Office It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Pweng/masters/acptwotk.doc 2/14 ENGINEER'S REPORT February 12, 2014 . , ®4 p:rlu �L CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org City Clerk Iowa City, Iowa Re: 2012 Iowa River Power Dam Repair Project Dear City Clerk: I hereby certify that the construction of the 2012 Iowa River Power Dam Repair Project has been completed by Lambourne Diving Service of Mechanicsville, Iowa in substantial accordance with the plans and specifications prepared by the Shoemaker & Haaland Engineers. This project was bid as a unit price contract and the final contract price is $51,774.00. There were no change orders for the project. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng/masters/engrpt doc 4d(3) Prepared by: Jason Reichart, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416 RESOLUTION NO. 14-46 RESOLUTION ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT CONTRACT #9 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Asbestos Abatement Contract #9 Project, as included in a contract between the City of Iowa City and ECCO Midwest, Inc. of Inver Grove Heights, Minnesota, dated August 28, 2013 be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the CDBG account # D0813; and WHEREAS, the final contract price is $10,000.00. 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 4th day of March 12014 MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office, yy It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x Pweng/masters/acptwork. doc 2/14 NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton ENGINEER'S REPORT February 13, 2014 � .®4 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org City Clerk Iowa City, Iowa Re: CDBG Demolitions Project - Contract #9 Dear City Clerk: I hereby certify that the CDBG Asbestos Abatement - Contract #9 Project has been completed by ECCO Midwest, Inc. of Inver Grove Heights, Minnesota in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project final contract price is $10,000.00. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng/masters/engrpt. doc r CITY OF IOWA CITY ®�•� MEMORANDUM To: Tom Markus, City Manager From: Wendy Ford, Economic Development Coordinator Date: Feb. 21, 2014 Re: Resolution approving Real Estate listing agreement for Industrial Park `3- 4:�a- 4d(4) immmoom Introduction In November, we solicited proposals for Real Estate Broker Services to market and sell lots at the 420th Street Industrial Park. We received five responses to the request. Background A staff committee of Jeff Davidson, Sue Dulek and I evaluated the responses and consulted with you on the merits of each and negotiation points to make the final selection. Solution Binswanger's proposal was strong because they only work with industrial properties and clients, and thus, have an established network of clients and brokers around the nation. They agreed to a 7% commission if they alone were responsible for the sale, or an 8% commission, which would be split if the sale was due to the contact or work of another area realtor. Recommendation Staff recommends approval of a 12 month Real Estate listing agreement with Binswanger. Prepared by: Wendy Ford, Eco. Dev. Coord., 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 14-47 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A LISTING AGREEMENT WITH BINSWANGER MIDWEST OF ILLINOIS, INC. TO SELL LOTS IN THE 420TH STREET INDUSTRIAL PARK. WHEREAS, the City purchased 173 acres of land in 2007 contiguous to the existing industrial park zone; and WHEREAS, the City has invested in the infrastructure and documented all manner of data relevant to the certification of the land as a shovel -ready industrial park; and WHEREAS, it is in the best interest of the City of Iowa City to enter into a listing agreement with Binswanger Midwest of Illinois, to sell the parcels in the park for industrial development, 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 City Manager is authorized to sign a listing agreement with Binswanger Midwest of Illinois, Inc., having its headquarter offices at Two Logan Square, Fourth Floor, Philadelphia, PA 19103. 2. Upon the direction of the City Attorney, the City Manager, or designee, is further authorized to sign documents related to the listing and the sale, such as acceptance of an offer contingent on Council approval, the lead disclosure statement, agency disclosure form, and the ground water hazard statement. Passed and approved this 4th day of March 2014. IVA FAY �- ATTEST: 2ha,,6"a� e -)e� IT CLERK Approved by c) d L�--/ City Attorney's Office Resolution No. 14-47 Page 2 It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton EXCLUSIVE LISTING AGREEMENT THIS AGREEMENT, by and between BINS WANGER MIDWEST OF ILLINOIS, INC., having its corporate headquarters address at Two Logan Square, Fourth Floor, Philadelphia, Pennsylvania 19103 ("Agent"); and CITY OFF IOWA CITY, having an address at 410 East Washington Street, Iowa City, Iowa 52240 (*'Owner"). Intending to be legally bound hereby, Agent and Owner agree as follows: I . Exclusive Right to Sell. Agent is hereby given the sole and exclusive right to list and offer for sale for the Owner's account the land owned by Owner situated in IOWA CITY, IOWA known as Iowa City Industrial Park and Wind Energy Supply Chain Campus; consisting of approximately 173 acres of land (all or any part of which is hereinafter referred to as the "Property'), provided that Agent agrees by listing and otherwise, to use its best efforts to sell the Property until this Agreement is terminated as herein provided. 2. Term. This Agreement shall be for a term of twelve (12) months, beginning from the last date of execution ofthis Agreement by Agent or by Owner, and shall terminate on such date unless extended in writing by Owner. After the termination ofAgent's exclusive right, Agent's authority shall continue as to those entities with whom Agent has communicated in the offering of the Property for sale so that if subsequent to such termination, but not more than twelve (12) months thereafter, an agreementof sale is entered into on the Property by any such entity, or by any person, firm or corporation in which or in whom there is an interest, relationship or connection with such entity, whether by Agent or by Owner directly or by any other agent, or person whomsoever,a full Commission as hereinafter defined shall be paid to Agent at the time ofthe closing of the sale; if such purchaser is included in a written list of prospective purchasers provided to Owner within 10 days of termination of this Agreement ("Protected Prospect".) 3. Listing Price. Agent is authorized to offer the Property for sale at a gross purchase price to be approved by Owner within thirty (30) days of the date of this Agreement, in cash or upon other such prices, terms and conditions as Owner may from timed) time approve in writing. 4. Commission. IF THE PROPERTY IS SOLD, OR IF A PURCHAS AGREEMENT IS EXECUTED PRIOR TO THE TERMINATION OF THIS AGREEMENT BUT THE CLOSING OF THE SALE DOES NOT OCCUR UNTIL AFTER SUCH TERMINATION (OR AFTER SUCH TERMINATION AS HEREINABOVE SET FORTH REGARDING PROTECTED PROSPECT), NO MATTER BY WHOMSOEVER THE PROPERTY MAY BE SOLD, OR SUCH PURCHASER PROCURED, WHETHER BY AGENT OR BY OWNER DIRECTLY OR BY ANY OTHER ENTITY WHATSOEVER, THEN, IN ANY SUCH EVENT, OWNER AGREES THAT AGENT SHALL HAVE EARNED A COMMISSION AT THE TIME OF THE CLOSING OF THE SALE AND OWNER AGREES TO PAY TO AGENT A SALE COMMISSION OF SEVEN PERCENT (7%) OF THE GROSS AGGREGATE PURCHASE PRICE; PROVIDED, HOWEVER, THAT IF A CO -BROKER IN ADDITION TO AGENT IS INVOLVED, THERE SHALL BE AN ADDITIONAL ONE PERCENT (I %) OVERRIDE PAYABLE ON THE SALE OF THE PROPERTY (the "Commission"). 4.1 All Commissions under this Agreement shall be considered earned at the time ofthe closing the sale. Commissions shall be due and payable at the timeof closing on a sale. Upon closingof sale of the Property, the party responsible for closing is hereby authorized and directed by Owner and Agent to deduct the 13-088 (cte) 1 02/06/2014 Commissions from the proceeds of stle and pay same to Agent. 5. Marketing. Agent is hereby authorized to place an available sign on the Property which Owner agrees shall be the only such sign permitted on the Property during the term of this Agreement. 5.1 Agent is hereby authorized to publicize any transaction related to this Agreement using Owner's logo, if any. 6. Owner's Obligations. Any and all proposed sale agreements shall be made in Owner's name and upon the terms and conditions acceptable to Owner both as to legal for n and substance. Agent shall have the right to cause to be inserted therein provisions setting forth the Commissionsto be paid to Agent as provided for in this Agreement, or as may hereafter be agreed upon by Agent and Owner, and Owner shall furnish Agent with copies of all such agreements promptly upon their execution. In the event that Agent engages counsel to collect any sums due to Agent hereunder, or to enforce any of the provisions hereof, then Owner agrees to reimburse Agent, upon demand, for all reasonable fees, costs and other incidental expenses, including, but not limited to, attorneys' fees and costs, whether or not a suit is instituted. 6.1 Owner represents and warrants to Agent that Owner has the legal right to sell the Property. Owner agrees that each agreement of sale entered into will include a provision stating that the purchaser has bought the Propertywithout reliance upon any representation of Owner or Agent except as explicitly set forth therein. 6.2 During the term of this Agreement all inquiries made to Owner pertaining to the Property shall be referred to Agent, and Owner agrees not to negotiate with any prospective purchaser except through Agent. 7. Environmental Disclaimer. Owner acknowledges and agrees that (i) Agent is not an expert in environmental matters and that Agent has not made nor has been asked to make and shall not make any representations and warrantieswith respect to the environmental conditions or suitabilityof the Property; (ii) any obligation which may exist with regard to compliance with statutes, ordinances and regulations relating to the environmental conditions is Owner's sole responsibility;(iii) if required by law, Owner will immediately (a) notify Agent of any knowledge of any matters of environmental concern, (b) give such information to a potential buyer or tenant, and (c) report such information to the appropriate governmental authority; (iv) Owner will indemnify, defend and hold Agent harmless against any claims, demands and liabilities, including attorney's fees and costs arising from or related to the environmental condition of the Property; and, (v) the provisions of this Paragraph shall survive the termination of this Agrernent. 8. FIRPTA. Under Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations issued thereunder, the purchaser of the Property may be required to withhold up to ten percent (10%) of the Purchase Price of the Property unless Owner provides the purchaser with a "nonforeign certificate' indicating that Owner is not a foreign person for purposes o$he Internal Revenue Code. Agent maybe subject to liability if Owner issues a false "nonforeign certificate". Owner hereby agrees to indemnify and hold Agent harmless from liability for any tax, penalty, interest or other charge imposed upon Agent by, through or under Owner resulting from Owner's actions or Owner's agents' actions. 9. Dual Agency Owner acknowledges that the Agent may present the Property for sale to a potential purchaser who is also represented by the Agent. In such event, the Agent will disclose such 13-088 (cte) 2 02/06/2014 arrangement to the Owner. 10. Representation. Owner and Agent will disclose to any prospective buyer that Agent represents Owner. IL Non -Discrimination. OWNER AND AGENT AGREE THAT THE PROPERTY WILL BE OFFERED FOR SALE AND WILL BE SOLD WITHOUT REGARD TO RACE, COLOR, RELIGIOUS CREED, SEX, ANCESTRY, AGE, NATIONAL ORIGIN, DISABILITY OR FAMILIAL STATUS.. Agent shall not discriminate against any person in employmentor public accommodation because of race, religion, color, creed, gender identity, sex, national orgin, sexual orientation, mental or physical disability, marital status, or age. "Employment" shall include but not limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not limited to providing goods, services, facilities, privileges and advantages to the public. 12. Definitions. The term "Gross Aggregate Purchase Price" shall mean the full cash consideration plus any principal amount of all mortgages and other I iens on the Property, whether created by the purchaser in Owner's favor, or subject to which the purchaser accepts title to the Property. In the case of a trade of properties or other items other than cash, the fair market value of such property or other items traded for the Property shall also be included in the term "gross aggregate purchase pricd'. The term "Protected Prospect" shall mean those entities with whom Agent has communicated in the offering of the Property for sale. 13. Miscellaneous. This Agreement and the representations and warranties contained herein shall be binding upon Agent and Owner and their respective successors and assigns. Agent may assign Agent's rights and obligations under this Agreement to one or more affiliates of Agent upon Owner's written approval, which shall not be unreasonablywithheld. 13.1 This Agreement and the terms hereof constitute the entire agreement between Owner and Agent and no modification or amendment shall be effective unless and until made in writing and signed by both Owner and Agent. 13.2 This Agreement shall be governed by and construed under the laws of the State where the Property is located without giving effect to conflict of law rules and principles, and the parties hereto agree to the exclusive jurisdiction of the District Court in Johnson County, Iowa and the United States District Court for the Southern District of Iowa for the resolution of any claims or disputes arising out of or relating to this Agreement. 13-088 (cte) 3 02/06/2014 Agent and Owner shall acknowledge their approval of this Agreement by signing in the space provided below and acknowledge receipt of the Real Estate Agency Relationships Disclosure attached hereto and made a part hereof pursuant to section 543B of the Iowa Code and Owner returning to Agent at least one (1) fully executed counterpart hereof. OWNER: C A CITY By: - Tit omas M. Markus, City Manager Date: ?,/ L/ AGENT: BINSW rFt✓ ID ILLINOIS, INC By: Daniel F. Cul en, Ex 1v Vice President Date: Z ( l App'd BY .,ity Attorney's Office 13-088 (cte) 4 02/06/2014 r 03-04-14 -=Z, -4 CITY OF IOWA CITY 4d(5) MEMORANDU M Date: February 27, 2014 To: Tom Markus, City Manager From: Doug Boothroy, Director, Housing and Inspection Services and Steven . Rackis, Housing Administrator Re: Memorandum of Understanding with the Iowa Department of Administrative Services State Accounting Enterprise (DAE/SAE) for participation in the Income Offset program. Introduction: The U.S. Department of Housing and Urban Development (HUD) is under a Presidential mandate to reduce income and rent errors in its rental housing assistance programs. The Improper Payments Information Act of 2002 (Public Law No: 107-300) further requires the annual measurement and reporting of erroneous federal payments. Background: When participants in the Housing Choice Voucher (HCV) and Public Housing programs do not report income and cause an overpayment of rental subsidy, HUD allows the Housing Authority to terminate assistance (HCV only), begin eviction proceedings (Public Housing only), enter into repayment agreements for the overpaid subsidy, or pursue litigation to recover excess subsidies. HUD allows the Housing Authority to retain recovered excess subsidies. However, if the Housing Authority takes no action to recover excess subsidies, HUD requires the Housing Authority to return to HUD all amounts that constitute an overpayment of subsidy. The Iowa City Housing Authority enters into repayment agreements with program participants to collect overpaid subsidy due to non -reporting of income. Although the repayment agreements only require participants pay $20/month to remain in compliance, some participants stop making payments. Litigation costs staff time and money and does not guarantee compliance or recovery of excess subsidy, leaving termination of assistance or eviction as the only option for the Housing Authority to compel participant compliance. Discussion of Solution: Section 8A.504 of the Code of Iowa created the Income Offset Program that allows the State of Iowa to collect money owed to the State after a good faith attempt is made to collect debts owed. The Income Offset Program was expanded to allow the State to enter into agreements with political subdivisions. The State requires proof a good faith attempt was made to collect debts owed and charges a minimal fee ($7.00 per each offset). The State requires the Housing Authority to send written notification to the debtor that an offset is going to occur and explain the Housing Authority's and debtor's rights and responsibilities. If overpayments can be collected through the offset program (e.g., tax returns, lottery winnings, Iowa Treasure Hunt) the Housing Authority will have another more reliable option to enforce its repayment agreements other than terminating assistance (HVC) or evicting tenants (public housing). February 24, 2014 Page 2 Recommendation: Authorize the City Manager to sign a Memorandum of Understanding with the State of Iowa so the Iowa City Housing Authority may participate in the Income Offset program 1�1 4 ( 5 ' Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. 14-48 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE IOWA DEPT. OF ADMINISTRATIVE SERVICES STATE ACCOUNTING ENTERPRISE (DAS/SAE) FOR PARTICIPATION IN THE INCOME OFFSET PROGRAM BY THE HOUSING AUTHORITY. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) is under a Presidential mandate to reduce income and rent errors in its rental housing assistance programs; WHEREAS, the Improper Payments Information Act of 2002 (Public Law No. 107-300) further requires the annual measurement and reporting of erroneous federal payments; WHEREAS, if participants in the Housing Choice Voucher (HCV) and Public Housing programs do not report income causing an overpayment of rental subsidy, HUD allows the Housing Authority to terminate assistance (HCV only), begin eviction proceedings (Public Housing only), enter into repayment agreements for the overpaid subsidy, or pursue litigation to recover excess subsidies; WHEREAS, HUD allows the Housing Authority to retain recovered excess subsidies; WHEREAS, if the Housing Authority takes no action to recover excess subsidies, HUD requires the Housing Authority to return to HUD all amounts that constitute an overpayment of subsidy; WHEREAS, the Housing Authority enters into repayment agreements with program participants to collect overpaid subsidy due to non -reporting of income; WHEREAS, although the repayment agreements only require participants to pay $20/ nonth to remain in compliance, some participants stop making payments; WHEREAS, litigation costs staff time and money and does not guarantee compliance or recovery of excess subsidy, leaving termination of assistance or eviction as the only effective option for the Housing Authority to compel participant compliance; WHEREAS, Section 8A.504 of the Code of Iowa created the Income Offset Program that allows the State of Iowa to collect money owed to the State after a good faith attempt is made to collect debts owed; WHEREAS, the Income Offset Program was expanded to allow the State to enter into agreements with political subdivisions; WHEREAS, the State requires proof that a good faith attempt was made to collect debts owed and charges a minimal fee ($7.00 per each offset); WHEREAS, the State requires the Housing Authority to send written notification to the debtor that an offset is going to occur and explain the Housing Authority's and debtor's rights and responsibilities; and WHEREAS, if overpayments can be collected through the offset program, the Housing Authority will have another option to enforce its repayment agreements other than terminating assistance (HVC) or evicting tenants (public housing). Resolution No. 14-48 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to sign a Memorandum of Understanding with the State of Iowa so the Iowa City Housing Authority may participate in the Income Offset Program. Passed and approved this 4th day of ATTEST: CITY -CLERK March , 2014. MAYOR Approved by City Attorney's Office Resolution No. 14-48 Page 3 It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton /No // .-:- MEMORANDUM OF UNDERSTANDING between The Iowa Department of Administrative Services State Accounting Enterprise pand f for Participation in the INCOME OFF ET PROGRAM SECTION 1. Identity of the Parties. The parties to this Memorandum of Understanding (MOU) are the Iowa Department of Administrative Services, State Accounting Enterprise (DAS/SAE), and The City of Iowa City _(Public Agency). SECTION 2. Purpose. The purpose of this MOU is to set forth the terms and conditions between DAS/SAE and Public Agency for reimbursement of offsetting liabilities owed to Public Agency as authorized in Iowa Code section 8A.504 and 11 Iowa Administrative Code 40, et seq. SECTION 3. Eligibility. To be eligible for offset, both the debt ("debt' means the liability owed to the Public Agency by a member of the public), and the claim ("claim" means the liability owed by the Public Agency to a member of the public), shall be in the form of a liquidated sum due, owing and payable. All applicable remedies with regard to such a debt and claim must be exhausted or the time frame for exhaustion must have expired as a condition precedent for eligibility to participate in the offset program. SECTION 4. Compensation. 4.1 Fee. The parties agree that in exchange for participation in the offset program, DAS/SAE shall charge a fee of seven dollars ($7.00) (the "fee") to the Public Agency to which the debt is owed for each individual debt that is placed in the offset program. The fee is to recover costs incurred by DAS/SAE in administering the offset program. 4.2 Deduction when Debt is Offset. If a debt is offset by DAS/SAE under this program, the fee will be deducted from the gross proceeds collected through offset. The fee will be charged for each individual offset event related to an individual debt. 4.3 Billing upon Termination. Following written notice of termination of this MOU, as provided in Section 7 below, DAS/SAE shall be entitled to compensation. DAS/SAE shall submit an invoice and proof of claim to the Public Agency within sixty (60) days of the receipt of the written notice of termination as required under Section 7 below. RECEIVED FEB 0 4 2015 Page l of 5 llemorandann of Understanding 6.2 Formatting Requirements of Debtor Lists. The Public Agency shall provide the list of debtors it wishes to place into the offset program in a format and type prescribed by DAS/SAE. 6.3 Proof of Liability. Public agencies may only place debts into the offset program if the debts are legally enforceable. To establish enforceability the debt shall have been confrmed by mutual agreement of the parties or have been reduced to a final judgment or final agency determination that is no longer subject to appeal, certiorari, or judicial review, or has been affirmed through appeal, certiorari, or judicial review. 6.4 Notification of Changes. The Public Agency shall notify DAS/SAE within thirty (30) calendar days of any changes in the status of a debt to the state. 6.5 Semi -Annual Certification. The Public Agency shall provide on at least a semi-annual basis, certification of the liability file as prescribed by DAS/SAE. 6.6 Debtor Notification. The Public Agency shall comply with 11 IAC 40.4 when sending notifications to the debtor under this MOU which shall occur within ten (10) calendar days from the date Public Agency was notified by the DAS/SAE of a potential offset. 6.7 Payment of Residual Funds to Debtor. It is the responsibility of the Public Agency to reimburse the debtor for the difference between the amount of liability payable and the amount of the claim payable to the debtor. 6.8 Appeal Process. The Public Agency shall develop an appeal process for debtors notified of the placement of their debt into the offset program and intent to offset after notification of a potential offset event which shall include notice to the debtor and an opportunity for the debtor to contest the amount of the debt through a contested case procedure under Iowa Code chapter 17A or a substantially equivalent process. SECTION 7: Termination. This MOU shall remain in full force and effect until terminated or cancelled by written notice of the party wishing to cancel the MOU. Each party agrees to provide the other party with a sixty (60) day written notice of any intent to terminate this MOU. SECTION 8: Confidentiality of Information, Information shared between DAS/SAE and the Public Agency shall be deemed confidential pursuant to Iowa Code section 8A.504(2)(b) and shall be disclosed only to the extent necessary to sufficiently identify the debtor(s) liable to the public agency. Identifying information is to be used only for the purpose of participation in the offset program. SECTION 9: MOU Administration. 9.1 Compliance with the Law. The parties, their employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, rules, Page Sof 5 RECEIVED FF6 0 4 2M Memorandum of Understanding 1f to DAS/SAE: Calvin McKelvogue, Chief Operating Officer Department of Administrative Services — State Accounting Enterprise 1305 East Valnut Hoover State Office Building, Level 3 Des Moines, IA 50319 If to Public Agency. Steven J. Rackis Authorized Representative 410 E Washington Street Mailing Address Iowa City, Iowa 52240 City, State, Zip Code If a party changes its designated person and/or address hereunder, such change shall be in writing as provided herein. 8.9 Severability. If any provision of this MOU is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this MOU. Section 9. Execution This MOU is fully executed by the following signatures: IOWA DEPARTMENT OF ADMINISTRATIVE SERVICES: Date of AdMnistrative Services SIGNATURE OF AUTHORIZED REPRESENTATIVE OF PUBLIC AGENCY: Date Citv of Iowa Cit Public Agency Tnm Mask+rc h 4 Printed Name of Authorized Representative qty �l r AJi, tz /1"") Title Page Sof 5 RECENED FFR 0 4 2015 Kellie Tuttle From: Steven Rackis Sent: Thursday, February 05, 2015 9:53 AM To: Kellie Tuttle Subject: DAS-SAE Income Offset Program On March 4, 2014, City Council passes Resolution 14-48, authorizing the City Manager to sign a Memorandum of Understanding (MOU) between The Iowa Department of Administrative Services State Accounting Enterprise (DAS-SAE) and the City of Iowa City for participation in the Income Offset Program. The City Manager signed the MOU on March 4, 2014, and I sent the MOU to DAS-SAE on March 5, 2014. Subsequent to the submission of the MOU to DAS-SAE, I was advised by DAS-SAE that their attorneys would be revising the MOU and no MOU would be accepted until this process was complete. In December 2014, I received the revised MOU and shared the document with Sue Dulek. Sue Dulek advised me that is was ok for the City Manager to sign to new MOU, Geoff Fruin signed the MOU on December 23, 2014. City of Iowa City UNESCO CITY OF LITERATURE Celebrating 175 Years 1 MEMORANDUM OF UNDERSTANDING The Iowa Department of Administrative Services State Accounting Enterprise and for in the INCOME OFFStT PROGRAM SECTION 1. Identity of the I The parties to this Memoranc Administrative Services, State SECTION 2: Term The terms and existence of this gree dissolved as hereinafter provide SECTION 3: Purpose The purpose of this MOU is set forth the t Agency for the reimburse nt for offsetting is to set forth the terms d conditions as e 11 Iowa Administrative ode 40. ing (MOU) are the Iowa Department of rise (DAS/SAE), and shall be perpetual unless terminated or and conditions between DAS/SAE and kiies owed to Agency. This agreement iced in Iowa Code section BA.504 and To be eligible for offso, both the debt ("debt" means th liability owed to the State by the member of the publi , and the claim ("claim" means the(iability owed by the State to the member of the pub c), shall be in the form of a liquidate sum due, owing and payable. All applicable re dies with regard to such a debt and cl ' must be exhausted or the time frame fore austion must have expired as a condition l5kecedent for offset. SECTION 4: ompensation The parties a ree to the following compensation package: DA S AE shall charge a fee of seven do ars ($7.00) to the Agency to which the debt is ow d for each individual offset. Th fee is to recover costs incurred by DAS/SAE in ad 'nistering the offset program. , he fee will be deducted from the gross proceeds colle \et ough offset. DAS/SAE' shall periodically review the costs of administering thprogram. Proposed adjustments to the specified fee shall require an addendbe mutually agreed,upon by both parties, be in writing, and appended to this MOU Memorandum of Understanding N 5. DAS/SAE'S Responsibilities • Offset liabilities owed to Agency by implementing an offset rogram for ency, developed and managed by DAS/SAE in accor� ce with Iowa C qe chapter 8A and 11 Iowa Administrative Rules 40. • Shall here to the Accountable Government Act requi ments, attached and identifie as Exhibit A, and incorporated into this MO y this reference. SECTION 6: Agency Responsibilities • Develop an maintain a system for reportin debts and claims eligible for offset to D\ASE at Agency's expense. • Provide to DAS/ E a list of debtors a format and type prescribed by DAS/SAE. • Notify DAS/SAE that the debt has een established through notice and an opportunity to be heard. \ • Notify DAS/SAE within thirty0) calendar days of any changes in the status of a debt to the state. • Provide on at least a s mi-ann I basis, certification of the liability file as prescribed by DAS/SA . • Send notification to he debtor within en (10) calendar days from the date Agency was notifigd by the DAS/SAE a potential offset. The notice shall comply with 11 IAC 40.4. SECTION 7: 7.1: Termination Upbn Notice. Following a sixty (60 calendar day written notice, either party may ter}}��inate this MOU in whole or in part ithout the payment of any penalty or incurring�ny further obligations. Following termin ion upon notice, DAS/SAE shall be entitled compensation, upon submission of i il s and proper proof of claim, for servicy provided under this MOU to Agency up to d including the date of termination. SECTIONS 8f15: Intentionally left blank SECTION It: MOU Administration 16.1 q6mpliance with the Law. The parties, their employees, agents, and subcont/`actors shall comply with all applicable federal, state, and loca laws, rules, ordinan'bes, regulations and orders when performing the services under this MOU, inclu��ng without limitation, all laws applicable to the prevention of discri 'nation in emp yment and the use of targeted small businesses as subcontractors ors ppliers. Th parties, their employees, agents and subcontractors shall also comply ith all fe eral, state and local laws regarding business permits and licenses that in be required to carry out the work performed under this MOU. Page 2 of 6 Memorandum of Understanding 16.2 mendments. This MOU may be amended in writing from time to time b mutual consent of the parties. All amendments to this MOU must /inwritinand fully executed the parties16.3 Third arty Beneficiaries.There are no third party beis MOU. However, thisOUisintended tobenefit the people and goveState of Iowa as well as AS/SAE and Agency. 16.4 Assignment and Delegation. This MOU may not p6 assigned, transferred or conveyed in whole o in part without the prior written cons t of the other party. For the purpose of construing his clause, a transfer of a cont' ng interest in Agency shall be considered an assignor t. 96.5 Use of Third Parti The DAS/SAE ac owledges that Agency may contract with third parties for the pert mance of any of ency's obligations under this MOU. All subcontracts shall be subject o prior appro v by DAS/SAE. Agency may enter into these contracts to complete the roject prov' ed that Agency remains responsible for all services performed under this M U. AlIrstrictions, obligations and responsibilities of Agency under this MOU shall also pe subcontractors. DAS/SAE shall have the right to request the removal of a sub r from the MOU for good cause. 16.6 Integration.This MOU repre enI the entire MOU for offset between the parties. The parties shall not rely on any r prase tation that may have been made which is not included in this MOU. 16.7 Headings or Caption The paragrap headings or captions used in this MOU are for identification purpo es only and do n t limit or construe the contents of the paragraphs. 16.8 Not a Joint Ve ure. Nothing in this MO shall be construed as creating or constituting the relati ship of a partnership, joint ve tura, (or other association of any kind or agent and pri cipai relationship) between the p 'ties hereto. - Each party shall be deemed to be an ii ependent contractor contracting fo services and acting toward the mutual benefits a ected to be derived herein. No part unless otherwise specifically provided for hereft has the authority to enter into any cont ct or create an obligation or liability on behaj of, in the name of, or binding upon another arty to this MOU. 16.8 Jointd Several Liability. If Agency is a joint entity, consisting of more than one individu I, partnership, corporation or other business orga ' ation, all such entities shall be joi by and severally liable for carrying out the activities nd obligations of this MOU, and or any default of activities and obligations. 16.10 S ersades Former Contracts or Agreements. This MOU s persedes all prior Contra s or Agreements between the DAS/SAE and Agency for the se ices provided in conne ion with this MOU. Page hof 6 Memorandum of Understanding 16.11 Waiver. Except as specifically provided for in a waiver signed by duly authori ed represe tatives of the DAS/SAE and Agency, failure by either party at any ti a to require p ormance by the other party or to claim a breach of any provision oft MOU shall not b construed as affecting any subsequent right to require perform ce or to claim a br'a 16.12 Notice 16.12.1 An nd all notices, designations, consents, offers acceptances or any other commun ation provided for herein shall be given in riting by registered or certified mail, return receipt requested, by receipted Pnd delivery, by Federal Express, courier o other similar and reliable carrier ich shall be addressed to each party as set fo h as follows: If to DAS/SAE: Calvin McKelvogu$, Chief Department of Admit` 1305 East Walnut Hoover State Office BI Des Moines, IA 50319 ff to Agency., Mailing Officer s — State Accounting Enterprise 16.12.2 Each sah notice shall be deemed to have 16.12/.2.1 At the time it is actually received; or, 2.2.2 Within one (1) day in the case of overhight hand delivery, courier or services'such as Federal Express with guaranteed next day delivery; or, \ 16.12.2.3 Within five (5) days after it is deposited the USS. Mail in the case of registered U.S. Mail. \ From time to time, the parties may change the name and ad ess of a party designated to receive notice. Such change of the de 'gnated person shall be in writing to the other party and as provided herei . Page 4 of 6 Memorandum of Understanding 16.umulative Rights. The various rights, powers, options, elections and remedi of an arty provided in this MOU, shall be construed as cumulative and not one of em is exclu 've of the others or exclusive of any rights, remedies or priorities allowe either party by�w, and shall in no way affect or impair the right of any party to rsue any other equit6ple or legal remedy to which any party maybe entitled as long many default remains in any way unremedied, unsatisfied or undischarged. / 16.14 Severabil[ty. If any provision of this MOU is determined by court of competent Jurisdiction to bei alid or unenforceable, such determination sh not affect the validity or enforceability of a other part or provision of this MOU. 16.16 Time is of the E ence. Time is of the essence wi respect to the performance of the terms of this MOU. \ 16.16 Authorization. Each\party to this MOU re resents and warrants to the other party that: \ 16.16.1 It has the right\ower ancj/authority to enter into and perform its obligations under this MOU. 16.16.2 it has taken all requl¢06 action (corporate, statutory or otherwise) to approve execution, delivery 60 performance of this MOU, and this MOU constitutes a legal, valid and in g obligation upon itself in accordance with its terms. 16.17 Successors in Interes . All the ter provisions, and conditions of the MOU shall be binding upon and in a to the benefit f the parties hereto and their respective successors, assigns and leg representatives. 16.18 Obligations Bey nd MOU Term. This MO shall remain in full force and effect until terminated or can Iled pursuant to this MOU. II obligations of the DAS/SAE and Agency incurred or Oisting under this MOU, as o termination or cancellation, will survive the terminZrts. n, or conclusion of this MOU. 16.19 Counterp The parties agree that this MOU ha been or may be executed in several counter arts, each of which shall be deemed n original and all such counterparts sh II together constitute one and the same instru ent. 16.20 Additional Provisions. The parties agree that if an Add ndum, Rider or Exhibit is attached ereto by the parties, and referred to herein, then the me shall be deemed incorpora d herein by reference. 16.21 urther Assurances and Corrective Instruments. The parti agree that they will, fr in time to time, execute, acknowledge and deliver, or cause be executed, ack wledged and delivered, such supplements hereto and such further struments as ma reasonably be required for carrying out the expressed intention of this OU. Page 5 of 6 Memorandum of Understanding 16.22 Delay or Impossibility of Performance. DAS/SAE shall not be in default under this QU if performance is delayed or made impossible by an act of God, flood, fire or similar vents. In each such case, the delay or impossibility must be beyond the control and with • ut the fault or negligence of DAS/SAE. 16.23 Confidentia ity. The parties shall institute procedures to ensure that adequate safeguards are est blished to provide protection against unauthorized access of disclosure of all infor tion received pursuant to and in accordance with this MMU. The parties agree to advise II personnel who routinely utilize any or all informa)i n obtained pursuant to this MOU th t said information shall be utilized only for thepurpose of the offset and not for any oth r purpose, and of DAS/SAE's requlrement;;"�to maintain the confidentiality of said inform tion. BpbppbYYpB Btl YtlptltlYppb pbb Ybb bpppp eppBYp pBtl Yp Yb//b/p/p/0 Cby pp an man manetltl Yp Yppp Yl Mike Carroll, DAS Director I\ Date IA Department of Administrative Services / City Manager Title Authorized Page 6 of 6 If --14 . , r0A CITY OF IOWA CITY 4d�6) Ift MEMORANDUM Date: February 27, 2014 To: Tom Markus, City Manager From: Chad Dyson, Superintendent of Recreation Re: Amending consulting contract with Neumann Monson phase II of City Park Pool ADA Remodel Project. Introduction: This resolution will amend the contract between the City and Neumann Monson Architects for phase II consulting services for the City Park Pool ADA Remodel Project. History/Background: The compensation for phase II consulting services with Neumann Monson is based on 9% of construction cost plus reimbursable expenses for permits, printing, plan services and mailing services. Phase II services are not to exceed $28,000 without written consent for the City and an amendment to the contract. The accepted base bid from Condor Construction totaled $529,000. Project bid alternates that were not accepted totaled $65,000. These were taken through the bidding phase and eliminated from the construction administration services. Neumann Monson design fee for the unselected alternates is 7.2%. Discussion of Solution: Amend contract for 9% of construction costs of $529,000 equaling $47,600, plus 7.2% of $65,000 for alternates designed and eliminated equaling $4,700, The total amended contract compensation for phase II consulting services equals $52,300. Financial Impact: Consulting Services Construction Costs Total Project Cost Phase I (design) Phase II (construction) Printing/Reimbursable Total $22,000 $52,300 $9,000 $83,300 $529,000 $612,300 Approved CIP budget of $650,000 as project number R4321. Recommendation: Approve the amended contract as outlined in the Resolution. Prepared by: Kumi Morris, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5044 RESOLUTION NO. 14-49 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN NEUMANN MONSON ARCHITECTS OF IOWA CITY, IOWA AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES DURING CONSTRUCTION OF THE CITY PARK POOL ADA RENOVATIONS AND IMPROVEMENTS PROJECT. WHEREAS, the City released a Request for Proposals and selected Neumann Monson Architects for the study and phase I work for the City Park Pool ADA Renovations and Improvements Project, and this first phase of work is now complete; and WHEREAS, the phase II services included the completion of bid documents along with contract and project administration through construction; and WHEREAS, the City received bids and awarded a contract for construction of City Park Pool ADA Renovations and Improvements Project; and WHEREAS, it is desirable for Neumann Monson Architects to provide construction phase architectural and engineering services during construction of the City Park Pool ADA Renovations and Improvements Project; and WHEREAS, City staff has negotiated an Agreement with Neumann Monson Architects to provide said services; and WHEREAS, the City council deems it in the public interest to enter into the negotiated agreement with Neumann Monson Architects for Architecture and Engineering Consultant Services during construction of the project; and WHEREAS, funds for this project are available in the City Park Masterplan and Pool Upgrade account # 4321. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement 3. The City Manager is authorized to execute amendments to this contract as they may become necessary. Passed and approved this 4th day of March 120 14 MAYOR ATTEST: �Z9i1� CITY LERK pweng\masters\ConsultAgt. doC App�-y i City Allrney's is --- Resolution No. 14-49 Page 2 It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 4th day of March 2014 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Neumann Monson PC, of Iowa City. Iowa , hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City wishes to renovate the City Park Pool Facilities to provide an ADA accessible aquatic feature for young children, enhance picnic areas and provide an improved deck space; and, WHEREAS, the City desires to retain the Consultant, an architectural firm registered in the State of Iowa, to perform the schematic design through construction administration for the existing facility; and, WHEREAS, the City sent out a Request for Proposals, received four proposals from qualified firms, performed a competitive review and selected Neumann Monson Architects to conduct the Phase I design work for this project for a lump sum fee of $22,000.00 and Phase II design work for this project for a fee of 9% of construction costs; and, WHEREAS, the Phase I Schematic Design through Phase II Bidding phases are complete and project costs have been determined for the future facility; and WHEREAS, funds for this project are available in the City Park Masterplan and Pool Upgrades Project account #4321 and, WHEREAS, the City desires to retain the Consultant, an architectural firm registered in the State of Iowa, to perform the Phase II work through Construction Contract Administration for the new facility; and NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Phase I of Consultant Provided Services. 1. Schematic Design Phase a. The Consultant shall meet with City staff, the City Council and other community groups to confirm design criteria and discuss project elements. b. The Consultant shall prepare preliminary drawings for discussion, including site plans, floor plans, elevations, sections (2) and miscellaneous amenities for the Project. c. The Consultant shall prepare drawings and other documents which depict several alternative concepts which satisfy program, schedule and budget requirements and make a recommendation to the City as to the most -2 - appropriate and/or ranking of the alternatives. Consultant shall rigid mount one set of drawings for public presentation. d. The consultant shall prepare a colored concept drawing indicating the accepted concept and provide drawings indicating the features that will be included such as fixtures, splash pad features, picnic area features, etc. Phase II of Consultant Provided Services 1. Construction Document Phase a. Based on the final design resulting from the Schematic Design Phase documents prepared by the Consultant and any adjustments in the scope or quality or budget of the Project authorized by the City, the Consultant shall prepare for approval by the City, Construction Documents consisting of drawings and specifications setting forth in complete detail the requirements for the construction of the Project. b. Drawings shall be completed in an electronic format AutoCAD program approved by the City. Electronic data shall be transferred to the City on disks. In addition, plots of all drawings shall be given to the City. c. A hard copy master set of specifications shall be given to the City. d. The Consultant shall prepare a final construction cost estimate. e. The Consultant shall assist the City in preparing and filing approval documents required of government agencies with authority over the Project. Consultant shall provide one rigid mounted set (24" x 36") of colored drawings, with shades and shadows, and building elevations for presentation to the City Council. 2. Bidding or Negotiation Phase: a. The Consultant shall assist the City in obtaining bids or negotiated proposals for the project which includes but is not limited to holding a prebid conference, preparation and distribution of addenda, responding to contractor inquiries, documentation of plan holders, distribution of plan sets, approval of substitutions, conducting bid opening, providing bid analysis, and providing a recommendation of contract award. b. The Consultant shall assist the City in preparing and awarding the contracts for construction. 3. Construction Contract Administration Phase a. The Consultants' construction review and site observation responsibilities begin with the City Council award of contract and end with the -final payment 30 days after formal City Council acceptance of work. b. The Consultant shall visit the site at intervals necessary to become familiar with the progress and quality of work and to determine in general if the -3 - work is being performed in a manner indicating that the work, when completed, will be in accordance with the contract documents. From the beginning of footing and foundation construction through the 'Certificate of Substantial Completion', site visits shall be at intervals appropriate to the stage of construction, and in addition, upon reasonable request of the City. c. The Consultant shall not be required to be continuously on site. d. The Consultant shall as necessary, but no less than once weekly, keep the City informed on the progress and quality of work and endeavor to guard the City against defects and deficiencies in the work. e. The Consultant shall respond in writing to the City if information, surveys, and testing reports given to the Consultant have questionable reliability, and/or an outcome beyond those disclaimers given in such information, surveys, and reports. The Consultant shall at all times have access to the work in progress, unless specifically denied in writing by the City. g. The Consultant shall review the Contractor's "Application for Payments" and make recommendations on the amounts to be paid. h. The Consultant shall have authority to reject work that does not conform to the contract documents and with the mutual consent of the City may require additional tests and inspections be conducted to insure contract document compliance of questionable components. The Consultant shall prepare and process all required "Field Instructions" and "Change Orders" and review and approve or take other appropriate action on Contractor submittals in a timely manner (within ten (10) working days or less) so as not to delay construction, but such review and approval shall be for the limited purpose of checking for conformance with the information provided and the design concept expressed in the signed documents. The Consultant shall have no control over or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Project, since these are solely the Contractor's responsibility under the Contract for Construction. The Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents. The Consultant shall not have control over or charge of acts or omissions of the Contractor, Subcontractor or their agents or employees, or any other persons performing portions of the Project. Except as may otherwise be provided in the Agreement or other contract documents, or when direct communications have been specially authorized, the City and Contractor shall communicate through the Consultant. Communications by and with the Consultant's consultants shall be through the Consultant. C. Detailed project work by the Consultant in the project scope is to include: a. Remove Wading Pool Area, and creation of an alternative aquatic feature a. Demolition plans for removal of wading pool area b. Design of alternative water feature with an approved product supplier c. Review of mechanical system and design to comply with IDPH for alternative aquatic features d. Possible signage and outdoor lighting e. Conforms to ADA accessible requirements f. Slip resistant surface g. Include energy efficiencies and sustainable materials in design h. Cost estimate b. Pool Deck Increase for non -swimmer capacity and separate Family picnic area a. Review the existing site and area within chain-link fence b. Site survey G. Provide options and designs for expanding the non -bathing area for public users d. Make recommendations for Architectural finishes and aesthetics e. Integrate existing pool into the design f. Develop designs that are sensitive to the existing Park landscape and trees g. Review public access and circulation h. Address pedestrian pathways and defined areas of use through the design i. Way -finding signage j. Review visibility and site lines for lifeguard and Recreation staff k. Use vandal resistant materials I. Review existing mechanical systems m. Review of health and life safety elements in regard to pool design n. Reuse of existing pool filter systems o. Recommend furniture, fixtures and equipment for redesigned areas p. Include energy efficiencies and sustainable materials in design D. The City agrees as follows: 1. The City shall provide information regarding special equipment and system requirements of the Project. 2. The City shall provide an updated budget including construction cost, City costs, and contingencies. 3. The City shall designate a staff representative as the primary contact for the consultant to coordinate any City response required of inquiries by the Consultant. City decisions and responses will be rendered in a timely manner. 4. The City shall furnish all tests, inspections, and reports required by law or the contract document. 5. The City shall promptly, in writing, inform the Consultant of any Project deficiencies discovered by the City during its normal review of the progress of work. 6. If the City requires certification of any portion of the Project work by the Consultant, the language of such certification shall be submitted to the Consultant for review and mutual approval at least 14 days prior to execution. �'2 II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Phase I - August 19, 2013 - September 16, 2013 Phase 11 - September 16, 2013 — April 30, 2014 Construction Documents: September 23, 2013 — October 27, 2013 Bidding: November 15, 2013 — December 19, 2013 • Award: January 7, 2014 • Construction: January 8, 2014— April 30, 2014 III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 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. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be made available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. W -Z H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Phase I — Basic Services: Lump sum fee of $22,000 (Twenty-two thousand dollars). Phase II — Basic Services: Lump sum fee not to exceed $52,300 (Fifty-two thousand three hundred dollars) plus reimbursable expenses for permits, printing, plan services and mailing services at 1.1 times cost. The $52,300 total the lump sum fee is derived from: a. The Lump sum fee is derived from 9% of the Construction Contract cost of $529,000, a total that equals $47,600. b. The bids for the alternates that were not selected totaled $65,000. Those alternates were taken through the bidding phase, but not through into the Construction Administration phase. The design fee for the unselected alternates will -7 - be only 80% of the 9% cost of those alternates (or 7.2%), and 7.2% of $65,000 is $4,700. Additional services as requested will be paid on a time and material basis or a lump sum as mutually agreeable, by written consent from the City. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited or received. FOR THE CITY By: Title: Matthew Hayek, Mayor Date: March 4, 2014 / ATTEST: pw\forms\con sag mt. frm FOR -THE CON ULTANT Title: Date: -3/7 I'`Z-,e2 1.41 Approved by: City Att rney s ffice Date 03-04-14 4e(1) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 14-50 RESOLUTION SETTING PUBLIC HEARING FOR MARCH 25, 2014, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 303 WEST BENTON STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 303 West Benton Street, Iowa City; and WHEREAS, the City has received an offer to purchase 303 West Benton Street for the principal sum of $140,000 (the amount the City paid to acquire the home), plus' the "carrying costs", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 303 West Benton Street, Iowa City, Iowa, also known as part of Lot 1 of Plat of Irregular Survey in School Lot 5, Section 16, Township 79 North, Range 6 West, for the sum of $140,000, plus the "carrying costs". 2. A public hearing on said proposal should be and is hereby set for March 25, 2014, 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. 14-50 Page 2 It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Passed and approved this 4th day of March , 2014. MAYOR ATTEST: illi JQ.�.r� CITY'CLERK Approved by City Attorney's Office Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St, Iowa City, IA; 319-356-3239 (CPA12-00006) RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN TO AMEND THE SOUTHWEST DISTRICT PLAN TO CHANGE THE LAND USE DESIGNATION OF PROPERTY LOCATED WEST OF MORMON TREK BOULEVARD, NORTH OF WESTWINDS DRIVE (WALDEN SQUARE) FROM NEIGHBORHOOD COMMERCIAL TO GENERAL COMMERCIAL. (CPA12-00006) WHEREAS, the Iowa City Comprehensive Plan serves as a land -use planning guide by illustrating and describing the location and configuration of appropriate land uses throughout the City, provides notification to the public regarding intended uses of land; and illustrates the long range growth area limit for the City; and WHEREAS, if circumstances change and/or additional information or factors come to light, a change to the Comprehensive Plan may be in the public interest; and WHEREAS, the Walden Square is located on Mormon Trek Boulevard near the intersection with Benton Street and is a major travel and commuter corridor; and WHEREAS, given its locational convenience, the commercial center draws customers from the entire southwest side of Iowa City in addition to the immediate neighborhoods; and WHEREAS, the established streets, trails, and sidewalks that serve the commercial center safely support vehicle, bike, and pedestrian accessibility; and WHEREAS, the commercial center is nearly fully developed and includes a number of long- established uses, including a grocery store, bank, and drug store, coffee shop; and restaurants; and WHEREAS, some established retail and office uses within the commercial center wish to expand beyond the maximum square footage allowed in the Neighborhood Commercial zone; and WHEREAS, the established development more closely conforms to the requirements in the Community Commercial zone in terms of building setbacks and location of parking; and WHEREAS, the change in land use designation from Neighborhood Commercial to General Commercial and a proposed rezoning to Community Commercial is not anticipated to generate additional traffic along this corridor; and WHEREAS, the Planning and Zoning Commission has reviewed this amendment and determined that circumstances have changed to the extent that an amendment to the comprehensive plan is warranted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The land use designation for Walden Square shall be changed from Neighborhood Commercial to General Commercial in the Iowa City Comprehensive Plan and the Southwest District Plan. Passed and approved this day of , 20_ MAYOR: Approved by: 6a 6b Resolution No. Page 2 ATTEST: CITY CLERK AA tii OIOAA W -71771i &(w - City Attorney's 0ffi8e21n'1, I C:\Users\SHektoen\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EIUIY9HP\CPA Resolution Walden Square.doc Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St, Iowa City, IA; 319-356-3239 (CPA12-00006) RESOLUTION NO. A RESOLUTION APPRO NG AN AMENDMENT TO THE COMPREHENSIVE PLAN TO AMEND THE SOUTHWEST VISTRICT PLAN TO CHANGE THE L ND USE DESIGNATION OF PROPERTY LOCATED EST OF MORMON TREK B ULEVARD, NORTH OF WESTWINDS DRIVE (WALDE SQUARE) FROM NEIGHBOR OOD COMMERCIAL TO GENERAL COMMERCIAL. (CPA -00006) WHEREAS, the Iowa City Compr ensive Plan serves illustrating and describing the location an configuration of aI City, provides notification to the public reg rding intended u; range growth area limit for the City; and WHEREAS, if circumstances change and/ additional inf change to the Comprehensive Plan may be in th ublic intere WHEREAS, the Walden Square is located on ormon with Benton Street and is a major travel and commu r corri WHEREAS, given its locational convenience, th co E the entire southwest side of Iowa City in addition to the ' me WHEREAS, the established streets, trails, and side alk: safely support vehicle, bike, and pedestrian accessibilit ; c WHEREAS, the commercial center is nearly fully evel established uses, including a grocery store, bank, an drug and as land -use planning guide by pro riate land uses throughout the :s of land; and illustrates the long or factors come to light, a It; and ek Boulevard near the intersection ; and rcial center draws customers from 9iate neighborhoods; and that serve the commercial center WHEREAS, some established retail and offic uses with expand beyond the maximum square footage al wed in the and I and includes a number of long - re, coffee shop; and restaurants; e commercial center wish to Ihborhood Commercial zone; WHEREAS, the established development ore closely conform to the requirements in the Community Commercial zone in terms of buil ng setbacks and locati of parking; and WHEREAS, the change in land use des' nation from Neighbonc�o Commercial to General Commercial and a proposed rezoning to C mmunity Commercial is not nticipated to generate additional traffic along this corridor; and WHEREAS, the Planning and Zoning ommission has reviewed this ame dment and determined that circumstances have ch ged to the extent that an amendment o the comprehensive plan is warranted. NOW, THEREFORE, BE IT RES CITY, IOWA, THAT: The land use designatio for Commercial to General C mer District Plan. VED BY THE CITY COUNCIL OF THF'' w YW I ?`S - 4c") - r - Walden Square shall be changed gZN ' bod ial in the Iowa City Comprehensive Pla� tl ust 0 Passed and approved this/ day of MAYOR: 20 Approved by: v Resolution No. Page 2 ATTEST: CITY CLERK N r*+ caa M. ca 47 C:\Users\SHektoen\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\EIUIY9HP\CPA Resolution Walden Square.doc 0 Marian Karr From: Duane Musser <D.musser@mmsconsultants.net> Sent: Wednesday, February 19, 2014 11:39 AM To: Bob Miklo; Michael Pugh; Delisa Baker; John Moreland; Denny Gannon; Marian Karr Subject: Final Plats - Windsor West Pt 3 & Stone Bridge Pt 8 The applicant has requested that both of these final plats be deferred until the March 25th council agenda. Please confirm this is acceptable by city staff. Thanks Duane A. Musser Partner — Landscape Architect Office: (319) 351-8282 Mobile: (319) 631-2701 d.mussergmmsconsultants.net www.mmsconsultants.net This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB13-00025) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF WINDSOR WEST - PART THREE, IOWA CITY, IOWA. WHEREAS, the owner, Arlington Development, Inc., filed with the City Clerk the final plat of Windsor West — Part Three, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Northwest Corner of Windsor West - Part One, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson County Recorder's Office; Thence N00°26'53"W, 1195.68 feet, to a Point on the South Line of Highland Woods, in accordance with the Plat thereof Recorded in Plat Book 46, at Page 160 of the Records of the Johnson County Recorder's Office; Thence N89°51'33"W, along said South Line, 97.13 feet, to the Southwest Corner of said Highland Woods; Thence N35°54'34"E, along the Northerly Line of said Highland Woods, 12.80 feet; Thence N55058'00"E, along said Northerly Line, 88.16 feet, to the Northeast Corner of Auditor's Parcel 2012-024, in accordance with the Plat thereof Recorded in Plat Book 56, at Page 298 of the Records of the Johnson county Recorder's Office; Thence S37°33'55"E, along the East Line of said Auditor's Parcel 2012-024, a distance of 59.81 feet; Thence S00°26'53"E, along said East Line, 12.59 feet, to the Southeast Corner thereof, and a Point on the South Line of said Highland Woods; Thence S89°51'33"E, along said South Line, 429.44 feet, to the Northwest Corner of Windsor West - Part Two, in accordance with the Plat thereof Recorded in Plat Book 57, at Page 46, of the Records of the Johnson County Recorder's Office; Thence S18°39'22"E, along the West Line of said Windsor West - Part Two, a distance of 187.93 feet; Thence Southwesterly, 59.19 feet, along said West Line on a 550.00 foot radius curve, concave Southeasterly, whose 59.16 foot chord bears S68015'39"W; Thence S24049'19"E, along said West Line, 187.49 feet; Thence S40°59'01 "W, along said West Line, 279.12 feet; Thence N89°42'53"E, along said West Line, 77.11 feet; Thence S27056'38"E, along said West Line, 335.19 feet, to the Northern most Corner of Lot 19 of said Windsor West - Part One; Thence S58038'32"W, along the North Line of said Windsor West - Part One, a distance of 123.28 feet; Thence S64°47'51"W, along said North Line, 97.88 feet; Thence S29°58'18"W, along said North Line, 104.37 feet; Thence S21019'51"E, along said North Line, 96.33 feet; Thence S89033'07"W, along said North Line, 234.39 feet; Thence S00°26'53"E, along said North Line, 29.14 feet; Thence S89°33'07"W, along said North Line, 130.00 feet, to the Point of Beginning. Said Tract of land contains 12.47 Acres (543,042 square feet), and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2013) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, Resolution No. Page 2 IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The City shall accept dedication of the outlots upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of , 2014. MAYOR ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: pcd/templates/Final Plat - Resolution (2).doc.doc NAYS: Approved by City Attorney's Office and seconded by ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton the Resolution be Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 (SUB14-00006) RESOLUTION NO. 14-51 RESOLUTION APPROVING FINAL PLAT OF LEXINGTON GREEN, IOWA CITY, IOWA. WHEREAS, the applicant, Parsons Properties, with the consent of the owners, Cynthia E. Parsons and Gary A. Klinefelter, filed with the City Clerk the final plat of Lexington Green, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of Block 8 in Manville Addition, as recorded in Plat Book 1 - Page 149 and as shown on Retracement Plat recorded in Plat Book 58 - Page 72, being the same realty described in Book 5157 - Pages 36, 37, Johnson County Recorder's Office, described as follows: Commencing at the SW corner of said Block 8 as marked by a'/2" steel CaPin #8295; thence N 01°41'08" W - 100.00 feet (recorded north - 100 feet) along the west line of said Block 8 to a '/2" steel CaPin #8295, marking the Point of beginning; Thence N 01'41'08" W - 220.00 feet (recorded north - 220 feet) along the west line of said Block 8 to a'/2" steel CaPin #8295; Thence N 88°14'30" E - 149.48 feet (recorded east - 150 feet) to a'/2" steel CaPin #8295; Thence S 01°37'15" E - 219.74 feet (recorded south - 220 feet) to a Mag Nail in asphalt; Thence S 88°08'30"W - 149.23 feet (recorded west - 150 feet) to the Point of Beginning. Said Parcel contains 32,839 sf or 0.75 acre. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2013) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. 14_51 Page 2 Passed and approved this 4th day of March .2014. MAYOR Approved by Ci y Attorney's Office , j It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x NAYS: pcd/templates/SUB14-00006 Final Plat - Resolution. doc.doc ABSENT: ABSTAIN: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton x STAFF REPORT To: City Council Prepared by: Bailee McClellan, Planning Intern Item: SUB14-00006 Lexington Green Date: March 4, 2014 GENERAL INFORMATION: Applicant: Parsons Properties 123 North Linn Street, Suite 300 Iowa City, IA 52245 (319)337-9659 cparsons@icialaw.com Contact: Gary Klinefelter 1131 East Washington Street Iowa City, IA 52245 (319)337-9659 cparsons@icialaw.com Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 60 Day Limitation Period: BACKGROUND INFORMATION: Final plat approval Development of a three -lot residential subdivision 220 Lexington Avenue 32,838 square feet (0.75 acres) Vacant lot (RS -5) North: Residential (RS -5) South: Residential (RS -5) East: Residential (RS -5) West: Residential (RS -5) Residential 2 to 8 dwelling units per acre City Park (NW2) February 4, 2014 April 5, 2014 The applicant, Parsons Properties, has submitted a final plat for a three -lot, 0.75 -acre residential subdivision located at 220 Lexington Avenue. The preliminary plat was approved on November 25, 2013. 2 The final plat of Lexington Green is in general compliance with the approved preliminary plat and subdivision regulations. Legal papers are currently being reviewed by staff. It is anticipated that these documents will be approved prior to the March 4th Council Meeting. Neighborhood parkland or fees in lieu of: The Neighborhood Open Space Plan identifies the proposed subdivision as part of the City Park Neighborhood Open Space District (NW2). The City's Neighborhood Open Space Ordinance requires the dedication of 770 square feet of property or fees in lieu of. Given the small size of open space required, staff recommends that fees be paid in lieu of open space dedication. The fee will be equivalent to the value of 770 square feet of property. This requirement should be addressed in the legal papers for the final plat. Infrastructure Fees: At the time of final plat approval the application will be required to pay $395 per acre for water main extension fees. STAFF RECOMMENDATION: Staff recommends approval of SUB14-00006, a request for final plat approval of a three -lot, 0.75 - acre residential subdivision located at 220 Lexington Avenue subject to the approval of legal papers by the City Attorney. ATTACHMENTS: 1. Location Map 2. Final Plat Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development Na C a R �• m O o• G o�� HUTCHINSON Y \� b m �3m R 71 y g E E`e 3$ R d z �� p C tl 4 i`� R y b a Ep $ y,? o q 6 p €€ pyo (F S E § r 51 o@: o s Z r o�� HUTCHINSON Y \� AVE I �ga Y WE� �l d go J — Z �Q 1 W Z LLJJ cr Z VQ0_ Z C~'3YU ZUQ J m 8 r W 81Y _------- --C 4 eD.�o LEXINGTON _ AVENUE I 8 �3m AVE I �ga Y WE� �l d go J — Z �Q 1 W Z LLJJ cr Z VQ0_ Z C~'3YU ZUQ J m 8 r W 81Y _------- --C 4 eD.�o LEXINGTON _ AVENUE I , O O O O O 4 74 m D Item REZ14-00001: Discussion of an application submitted by for a final plat of Lexington Green, a 3 -lot, .75 -acre residential subdivision located on Lexington Avenue. PCD Scale; 1"=100' CITY OF IOWA CITY O Lj ,,t I L r )f Y iij FFx y 111.. •� J � *41 A SITE LOCATION: Lexington Green SUB14-00006 LEXINGTON GREEN -FINAL PLAT BLOCK 8 - MANVILLE ADDITION IOWA CITY, IOWA 47 QWIi�fH.lf mv� • anw�wawv 3 y ® .ununexm. i 1d a� W z n' Q' I........n....r. .wr.....r....r w w: 'mnn w. 11=1 ® • ',, ^ .•...o.w....... � ' � � rv.xa...,unr.w•.r^^".uw..�amaerwn..•..�....uw.•. . � � • n .w. w • u. .rx . nr ® i l��•ai. �nL� g w.ux anr.vn r.w..n.ax rvrx•win b ....wrwv.w...am. •r..a wry u.... ww.. b t2 NI"N.I•W.aa�.11• 3 tlm.f i^ rs.n:uW.n rvounrawnaw ©rA P w.w,•n,.n .nr.r w.n •rxr.uuxwu.. © b ...r.....r. n................mn... _ • � � UJf3 ' d 9819 of e - 8 S Ana _fn.�La�W.yia. .. .�.M. W •" me wn.rcuo-,•n.,un FIRCLRLLT -a PRELIMINARY . .. _ o EWNW' STREET n..r...r.x.u..ru.n ..�..-........ ........ Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 14-52 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1034 EAST BURLINGTON STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 1034 East Burlington Street, Iowa City; and WHEREAS, the City has received an offer to purchase 1034 East Burlington Street for the principal sum of $212,000 (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 $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on February 18, 2014, the City Council adopted a Resolution proposing to convey its interest in 1034 East Burlington Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1034 East Burlington Street, legally described as part of part of Lot 24 in J & J Warren Clark's Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 14-52 Page 2 It was moved by Dickens adopted, and upon roll call there were: AYES: NAYS and seconded by Dobyns the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Passed and approved this 4th day of March , 2014. MAYOR ATTEST: a � � CIT LERK Approved by <i a 15 - y City Attorney's Office RESOLUTION AUTHORIZING CONVEYANCE OF A �$INGLE FAMILY HOME LOCATED AT 1034 EAST BURLINGTON STREET. / WHE the UniverCity Neighborhood Partnership Pr gram is a joint effort between the University of a and the City to encourage home own ship and reinvestment in designated neighborhoods su unding the University of Iowa; and WHEREAS, the City pur ases rental units located i designated neighborhoods surrounding the University of Iowa, rehab ' ates them, and then s s them to income -eligible buyers; and WHEREAS, the City purchased a rehabilitated single family home located at 1034 East Burlington Street, Iowa City; and WHEREAS, the City has received an offer purchase 1034 East Burlington Street for the principal sum of $212,000 (the amount the t aid to acquire the home), plus the "carrying costs" of approximately $ , which ar all co incurred by the City to acquire the home, maintain it and sell it, including abstractiVUeitan;d' nd recor fees, interest on the loan to purchase the home, mowing and snow removal, ereal esta taxes, and any costs in excess of $50,000 to repair and rehabilitate the ho WHEREAS, this sale would provide fordable housing in a design a area surrounding the University of Iowa; and WHEREAS, on February 18, 201 the City Council adopted a Resolution proposing to convey its interest in 1034 East Bur' gton Street, authorizing public notice of the proposed conveyance, and setting the dat and time for the public hearing; and WHEREAS, following the pu is hearing on the proposed conveyance, the City Council finds that the conveyance is in the/public interest. NOW, THEREFORE, BYT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Upon the dire Ion of the City Attorney, the Mayor and the City Clerk are authorized to execute a wa anty deed conveying the City's interest in 1034 East Burlington Street, legally described as part of part of Lot 24 in J & J Warren Clark's Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. r. -a C= P i P 1 —!C3 <r 4 rn M N Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA iab (314) 356100 c1z RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A �$INGLE FAMILY HOME LOCATED AT 1034 EAST BURLINGTON STREET. / WHE the UniverCity Neighborhood Partnership Pr gram is a joint effort between the University of a and the City to encourage home own ship and reinvestment in designated neighborhoods su unding the University of Iowa; and WHEREAS, the City pur ases rental units located i designated neighborhoods surrounding the University of Iowa, rehab ' ates them, and then s s them to income -eligible buyers; and WHEREAS, the City purchased a rehabilitated single family home located at 1034 East Burlington Street, Iowa City; and WHEREAS, the City has received an offer purchase 1034 East Burlington Street for the principal sum of $212,000 (the amount the t aid to acquire the home), plus the "carrying costs" of approximately $ , which ar all co incurred by the City to acquire the home, maintain it and sell it, including abstractiVUeitan;d' nd recor fees, interest on the loan to purchase the home, mowing and snow removal, ereal esta taxes, and any costs in excess of $50,000 to repair and rehabilitate the ho WHEREAS, this sale would provide fordable housing in a design a area surrounding the University of Iowa; and WHEREAS, on February 18, 201 the City Council adopted a Resolution proposing to convey its interest in 1034 East Bur' gton Street, authorizing public notice of the proposed conveyance, and setting the dat and time for the public hearing; and WHEREAS, following the pu is hearing on the proposed conveyance, the City Council finds that the conveyance is in the/public interest. NOW, THEREFORE, BYT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Upon the dire Ion of the City Attorney, the Mayor and the City Clerk are authorized to execute a wa anty deed conveying the City's interest in 1034 East Burlington Street, legally described as part of part of Lot 24 in J & J Warren Clark's Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Prepared by: Kumi Morris, Engineering Division of Public Works, 410 E. Washington St., Iowa City, IA 52240,(319)356-5044 8 RESOLUTION NO. 14-53 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF COW TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ANIMAL CARE AND ADOPTION CENTER 2014 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; and WHEREAS, funds for this project are available in Animal Shelter in CIP account # Y4422. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 p.m. on the 27"' day of March, 2014. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 1st day of April, 2014, or at a special meeting called for that purpose. Passed and approved this 4th day of March, 2014. ATTEST: CITYCLERK 8 9 /A MAYOR App oved by CA -Y Attorney's Office a/1,� y S:\ENGWRCHIT-1\ProjectsWNIMAL-1\DESIGN-1\FRONTE-1\FRONTE-11Animal Care and Adoption Center 2014 Project Approve Plans & Specs 04 04 2014.doc 2/14 Resolution No. 14-53 Page 2 It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 14-54 RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2015. WHEREAS, a public hearing on the proposed budget for the fiscal year ending June 30, 2015 was held on March 4, 2014, at a regularly scheduled City Council meeting and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The annual budget for the fiscal year ending June 30, 2015, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates, appropriation expenditures, and program allocations for said fiscal year should be and hereby is adopted. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. Passed and approved this 4th day of March '2014. ATTEST:_ A,1 - CIT CLERK Ablah MAYOR Appr� �I-Ko / City Attorney's Office It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: finadm\res\ann1bdgt-2013.doc NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Mg -13 Farm 636.1 Depart Mof Management Adoption of Budget and Certification of City Taxes 52=483 FISCAL YEAR BEGINNING JULY 1, 2014 - ENDING JUNE 30, 2015 The City of: Iowa City County Name: JOHNSON Date Budget Adopted: 3/4/2014 (o.ro1„nm At a meeting of the City Council, held after the public hearing as required by law, as specified above, the proposed budget was adopted as summarized and attached hereto, and tax levies, as itemized below, were approved for all taxable property of this City. There is attached a Long Tenn Debt Schedule Form 703 for the debt service needs, if any. - & Elec With Ga Without Gas 386 As R ............. . eq (319)356-5041 280,790:::::: ss 2.00000 SSMID 2 (w m 35 0�:]:E 67 0 SSMID 3 v4 (B) 36 reA,pwae ewmwr spnantn SSMID4 (A) at 37 .... .... .. ..... 0 County Auditor Date Stamp 0:::: 565 January 1, 2013 Property Valuations SSMID 6 0) le) 556 D :::::;: 566 0 SSMID 7 (A) (s)1177 0:::::: 0 With Gas &Electric Without Gas & Electric Do Not Add ��Dffcialcensus 9,369,444::::::`::`:::`•::::`•: ................ Regular 2a 3,114,066,554 2b 3,067,061,560 0:::: 71 67.862 Total Property Taxes (27+39+40+41) 42 52,393,945 42 51,608,7301;:;::: 72 DEBT SERVICE 3a 3,135,198,128 3b 3,088,193,134 Ag Land 4a 1,597,501 2) Budget hearing notices were published or posted not less than 10 days, nor more than 20 days, prior to the budget hearing. 3) Adopted property taxes do not exceed published or posted amounts. TAXES LEVIED 5) The budget file uploaded to the SUBMIT Area matched the paper copy certified by the city to this office. (counbAva�w) (A) (B) (C) Code Dollar Request with, Property Taxes Sec. Limit Purpose Utility Replacement Levied Rate 384.1 .9.10000 R ular General le .5. 25223,939 241843,199 43- 8.10000 ,..e.,... ..... 34 ( ) :::::.............. - Permissible Levies dOther Permis Non -Voted ..0:::E.44. ... .. . ..... ........... ............... . 12(8) 0.67500 Contract for use of Bridges 0 12(10) 0.95000 Opr & Maint publicly owned Transit 7 2,958,363:::EE1: 2 913,708::;:::: 45 0.95000 12(11) Amt Nec Rent, Ins. Maint of Civic Center 8 0;:;; 46 0 12(12) 0.13500 Opr & Maint of City owned Civic Center 9 0 47 0 12(13) 0.06750 Planning a Sanitary Disposal Project 10 0;:;: as 0 12(14) 0.27000 Aviation Authority (under sec.330A.15) 11 0::: ; 49 0 12(16) 0.06750 Levee Impr. fund in special charter city 13 ::1:::E 0::: 51 0 12(16) Amt Nec Liability, property & self insurance costs 14 910,104::::::: 896 0.29226 12(22) Amt Nec Support of a Local Emerg Mgmt Comm. 462 E E _ 0 : : 465 0 (384> Voted Other Permissible Levies ......... ........ 12(1) 0.13500 InstrumentalNocal Music Groups 1s 0::::::: ss 0 12(2) 0.81000 Memorial Building 16 0::::: 5a 0 12(3) 0.13500 Symphony Orchestra 17 0::::::: 55 0 12(4) 0,27000 Cultural & Scientific Facilities 18 0:;:;::: 56 0 12(6) As Voted County Bridge 19 0:::: 57 0 12(6) 1.35000 Missi or Missouri River Bridge Const. zo 0::'::;: ss 0 12(9) 0.03375 Aid to a Transit Company 21 0 :?:; 59 0 12(17) 0.20600 Maintain Institution received by gift/devise 22 0 ::?: 60 0 12(19) 1.00000 City Emergency Medical District 463 0 :: 866 0 12(21) 0.270Do Support Public Library 23 840,798::::`E: 828,107:?::: s1 0.27000 2ae.22 1.50000 Unified Law Enforcement 24 0 ::: 62 0 Total General Fund Regular Levies (5 thru 24) 25 29,933,204:;::::::::!:::;. 29,481,393:::::;:::;'; 384.1 3.00375 Ag Land 26 4,798 ::::::::::::: 4,798:1:::::.63 3.00375 -Do Total General Fund Tax Levies (25+26) 27 29,938,002!::;::::::::: 29,486,191 :;L Notaaa Special Revenue Levies .... . 384,8 0.27000 Emergency (if general fund at levy limit) 28 O::i:E:?:: 0 E:::: 64 0 384.6 Amt Nec Police &Fire Retirement 29 3,012,023:;`•:::::::::: 2,966,554 ::::::::::::. 0.96723 Amt Nec FICA & IPERS (if general fund at levy limit) 30 2,941,750:: 2,897,361 0.94467 Rules Amt Nec Other Employee Benefits 31 3,274,171 3,224,739::x:::::::::: 1.05141 Total Employee Benefit Levies (29,30,31) 32 9,227,944:?::?'.E' 9,088,654 *1:185 2.96331- Sub Total Special Revenue Levies (28+32) 33 9,227,944:':1:?:? :`: 9,088,654 - & Elec With Ga Without Gas 386 As R ............. . eq SSMID 1 (A> 140,394,837 (a) 140,394,837.34 280,790'1:1:1 280,790:::::: ss 2.00000 SSMID 2 (w m 35 0�:]:E 67 0 SSMID 3 v4 (B) 36 0 :::::: sa 0 SSMID4 (A) at 37 0:::::::69 0 SSMID 5 W (e) 555 0:::: 565 0 SSMID 6 0) le) 556 D :::::;: 566 0 SSMID 7 (A) (s)1177 0:::::: 0 Total SSHID 38 280,790::""" 280,790;:;i::::::::: Do Not Add Total Special Revenue Levies 39 9,508,734:::::::'::::: 9,369,444::::::`::`:::`•::::`•: ................ 384.4 Amt Nec Debt Service Levy 76.10(6) 40 12,947,209 40 12,753,095:::;:;; 70 4.12963 384.7 0.67500 Capital Projects (Capital Improv. Reserve) 41 41 0:::: 71 0 Total Property Taxes (27+39+40+41) 42 52,393,945 42 51,608,7301;:;::: 72 16.70520 COUNTY AUDITOR - I certify the budget is in compliance with ALL the following: Budgets that DO NOT meet ALL the criteria below are not statutorily compliant & must be returned to the city for correction. 1) The prescribed Notice of Public Hearing Budget Estimate (Form 631.1) was lawfully published, or posted 8applicable, and notarized, filed proof was evidenced. 2) Budget hearing notices were published or posted not less than 10 days, nor more than 20 days, prior to the budget hearing. 3) Adopted property taxes do not exceed published or posted amounts. 4) Adopted expenditures do not exceed published or posted amounts in each of the nine program areas, or in total. 5) The budget file uploaded to the SUBMIT Area matched the paper copy certified by the city to this office. (counbAva�w) Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 14-55 RESOLUTION APPROVING THE THREE YEAR FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, AND THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM. WHEREAS, the City Council of the City of Iowa City deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year Financial Plan for operations and a multi-year Capital Improvements Program budget; and WHEREAS, the three-year Financial Plan and multi-year Capital Improvements Program are subject to annual review and revisions; and WHEREAS, a public hearing was held on March 4, 2014, at a regularly scheduled City Council meeting and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of the City of Iowa City does hereby adopt the three-year Financial Plan for the Fiscal Years 2014 through 2016 and the multi-year Capital Improvements Program through Fiscal Year 2018. 2. This Resolution is an expression of the Council's legislative intent for planning future operation and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this 4th day of March , 2014. MAYOR z Approved by ATTEST: CITY CLERK City Attorney's Office finadm\res\finp1an-2013.doc Resolution No. 14-55 Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 03-04-14 r 10 CITY OF IOWA CITY MEMORANDUM Date: February 25, 2014 To: Thomas Markus, City Manager From: Simon Andrew, Administrative Analyst Re: Fiscal Year 2014-2015 Community Event Funding Recommendation Introduction The City of Iowa City's Community Events and Programming budget has financially supported groups that have requested funding for various community events. This General Fund allocation is open to the public every year and often receives funding requests from 10-20 applicants per year. Organizations typically receive their grants starting in the new fiscal year. After applications were received in November 2013, staff convened a review committee comprised of the following members: Simon Andrew, Administrative Analyst Marian Karr, City Clerk Marcia Bollinger, Neighborhood Services Coordinator Cyndi Ambrose, Finance Department Administrative Secretary Nick Schaul, Budget/Management Analyst The committee reviewed applications and compiled a list of questions for each applicant. These questions were then distributed to applicants who were given the option of submitting clarifications in writing or scheduling a fifteen minute meeting with the review committee to discuss their responses in person. These options were presented to applicants based on feedback received after the previous year's application process. Based on program goals as stated in the application letter, City Council Strategic Plan goals, and past funding priorities, the review committee deliberated each request and developed a proposed allocation for Community Event Funding dollars. History/Background After the 2012-2013 fiscal year, Summer of the Arts funding was moved from the Community Event Funding process to the city sponsored event budget request line item. City sponsored event funding also includes the budget for the Fourth of July fireworks display. Both Summer of the Arts and the fireworks display are proposed to be funded in fiscal year 2014-2015 at the same level as fiscal year 2013-2014. Likewise, the Community Event Funding recommended budget is the same as in fiscal year 2013-2014, at $16,200. The committee's discussion was largely framed by questions modified from last year's scoring tool and the program's previous funding history. The committee's recommended funding allocation is below. In one case, it is recommended that funding be predicated on a planning benchmark as denoted on the table below. The committee also recommends that last year's practice of reserving an amount for smaller requests made throughout the year be continued. The reserve amount is recommended to be $1,000. Funding Requests for Community Events & Programs Requested FY2015 Proposed FY2015 Prior Year Funding 319 Music Fest $3,000 $0 N/A 4th Annual Iowa City Area Juneteenth Celebration $1,000 $1,000 $275 Think Bicycles $8,500 Bike to Work Month $1,000 $1,000 Hand Built Bike Exhibition" $3,700 The Community Meal Project $5,000 $0 N/A Harvest Preserve Open House $355 $0 N/A IC/CR Kappa League Program $5,000 $0 N/A Iowa City Community String Orchestra $0 $0 $400 Landlocked Film Festival $3,000 $3,000 $3,000 Mission Creek Festival $0 $0 $4,000 Northside Oktoberfest $10,000 $1,500 $1,000 Public Space One: 52 Weeks (FY14) / WiP5 (FY15) $3,500 $0 $500 Riverside Theatre in the Park 2014 $6,000 $5,000 $5,000 Tree Huggers Program $4,000 $0 N/A Contingency $1,000 $1,025 Community Event/Program Funding $49,355 $16,200 $16,200 *Denotes funding contingent on securing an event site and date The committee thanks and appreciates the applicants for submitting their requests, supplemental information, and/or attending the interviews. While the committee believes all of the applicants' programs and events would be beneficial to the community and likely supported community goals, the committee weighed the breadth and scope of each project and ultimately determined, in the committee's opinion, which events best aligned with the program's goals. Recommendation The committee recommends approval of the proposed budget with funding to be distributed after the beginning of the 2014-2015 fiscal year. r0 Prepared by: Simon Andrew, Administrative Analyst, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010 RESOLUTION NO. 14-56 RESOLUTION ALLOCATING THE COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEAR ENDNING JUNE 30, 2015 WHEREAS, a public hearing was held on the proposed budget for the fiscal year ending June 30, 2015 on March 4, 2014, and public comments were received; and WHEREAS, the annual budget for the fiscal year ending June 30, 2015 for Community Events and Program funding was set at $16,200; and WHEREAS, the City Council directed staff to review all applicants for community events funding and forward those recommendations to the City Council for review; and WHEREAS, the following table highlights the recommended dollar amounts and organizations to receive funding in fiscal year 2015: Community Events & Programs Proposed Budget FY2015 4th Annual Iowa City Juneteenth Celebration $1,000 Think Bicycles Bike to Work Month $1,000 1St Annual Hand Built Bicycle Exhibition $3,700 Landlocked Film Festival $3,000 Northside Oktoberfest $1,500 Riverside Theatre in the Park $5,000 Contingency $1,000 Community Event/Program Funding $16,200 NOW, THEREFORE, BE IT RESOLVED that the Iowa City City Council hereby approves the recommended allocations. Passed and approved this 4th day of March 20 14 Ap ved by ATTEST: �n�4a�� k •� ' /AI CITY LE -IR City Attorney's Office Resolution leo. 14-56 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton NOTICE TO BIDDERS CITY HALL POLICE AND FIRE DEPARTMENT HVAC REPLACEMENT PROJECT 2014 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 2:30 P.M. on the 3rd day of March, 2014. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 4th day of March, 2014, or at a special meeting called for that purpose. The Project will involve the following: The removal and replacement of two McQuay rooftop HVAC units serving the first and second level of the Police Department area and serving the second level of the Fire Department. The work will involve provisions to address pressurization issues in the Police and Fire Departments and an installation of an open platform networked digital controls for all new equipment as well as upgrading the controls for all terminal boxes associated with the replaced HVAC units. There will be a recommended pre-bid meeting held on site, at City Hall, starting at 10:30 a.m. in the Helling Conference room at 410 East Washington Street, on Tuesday, February 25, 2014. All work is to be done in strict compliance with the plans and specifications prepared by Design Engineers, of Cedar Rapids, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1 ) year(s) from and after its com- pletion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: May 4, 2014 Liquidated Damages: $700.00 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 Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone :319-354-5950 Fax:319-354-8973 Toll -Free 800-779-0093 by bona fide bidders. A $ 25.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technigraphics. The fee will be returned if the plans are returned in unmarked and reusable condition within 15 days of Council Award. A separate and nonrefundable $10.00 shipping and handling fee will apply to plans that are sent through postal mail. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of 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 must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Pweng/masters/noticetobidders.doc Prepared by: Kumi Morris, Engineering Division of Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 11 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THV MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COIORACT FOR CONSTRUCTION OF THE CITY HALL POLICE AND FIR DEPARTMENT HVAC REPLACMENT PROJECT 2014. WHEREAS, _ WHEREAS, funds G4707. of has submitte he lowest responsible bid of construction of the above-named project; and fr this project are available in City Hal Other Projects in CIP account # NOW, THEREFORE, B IT RESOLVED BY THE CIT COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the ove-named project is hereby awarded to subject to the ondition that awardee secure adequate performance and payme t bond, insuranc certificates, and contract compliance program statements. 2. The Mayor is hereby auth rizl construction of the above -,n adequate performance and pa program statements. 3. The City Engineer is authorized in the construction of the abovee' Passed and approved this 4th day of ;z ATTEST: CITY CLERK It was moved by adopted, and upon roll AYES: re were: to ign and the City Clerk to attest the contract for pr ject, subject to the condition that awardee secure bond, insurance certificates, and contract compliance ute change orders as they may become necessary project. rch, 20q4. rkw and seconded by NAYS: Approved by City Attorney's Office ABSE the Resolution be Di ens Dob s Hayek Mims Payne Throgmorton S:\ENGWRCHIT-1\Projects\CITYHA-112014CI-1\CITYHA-2\FRONTE-1\Blank- Award Project CITY HALL POLICE AND FIRE DEPARTMENT HVAC REPLACEMENT PROJECT 2014,doc 2/14 Prepared by: Kumi Morris, Engineering Division of Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 14-57 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CITY HALL POLICE AND FIRE DEPARTMENT HVAC REPLACMENT PROJECT 2014. WHEREAS, Day Mechanical Systems, Inc. of Cedar Rapids, Iowa, has submitted the lowest responsible bid of $165,800.00 for construction of the above-named project; and WHEREAS, funds for this project are available in City Hall Other Projects in CIP account # G4707. 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 Day Mechanical Systems, 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 4t" day of March, 2014. A MAYOR ATTEST: CITY C RK It was moved by Payne and seconded adopted, and upon roll call there were: NAYS: City Dobyns ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 3--/ Resolution be S;\ENG\ARCHIT-1\Projects\CIT'HA-1\2014CI-1\CITYHA-2\FRONTE-1\Blank- Award Project CITY HALL POLICE AND FIRE DEPARTMENT HVAC REPLACEMENT PROJECT 2014.doc 3/14 /4( Prepared by: Tom Markus, City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5162 RESOLUTION NO. 14-58 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE NEIGHBORHOOD AND DEVELOPMENT SERVICES DEPARTMENT, PUBLIC WORKS DEPARTMENT, AND CITY MANAGER'S OFFICE AND AMENDING THE CORRESPONDING PAY PLANS. WHEREAS, Resolution No. 13-72, adopted by the City Council on March 5, 2013 authorized budgeted positions in the Planning and Community Development Department, Housing and Inspection Services Department, Public Works Department and the City Manager's Office for Fiscal Year 2014; and WHEREAS, Resolution No. 12-152, adopted by the City Council on April 3, 2012 established a classification and compensation plan for Executive and Administrative employees; and WHEREAS, Resolution No. 12-151, adopted by the City Council on April 3, 2012, established a classification/compensation plan for AFSCME employees; and WHEREAS, the City aims to merge the Planning and Community Development and Housing and Inspection Services Departments into a new Neighborhood and Development Services Department; and WHEREAS, Ordinance No. 14-4574 , adopted by the City Council on March 4, 2014 amended the City Code to change all references to and authority of the Directors of the Planning and Community Development and Housing Inspection Services Department to the Director of the Neighborhood and Development Services Department; and WHEREAS, the creation of the Neighborhood and Development Services Department is intended to improve internal and external communications, streamline workflow procedures, allow for comprehensive approaches to the City Council's strategic plan priority of creating and supporting healthy neighborhoods, and enhance resources dedicated to economic development matters; and WHEREAS, the Assistant to the City Manager position is being reclassified to Assistant City Manager to reflect past City practice and added supervisory responsibilities; and WHEREAS, the Cable TV Administrator position is being eliminated and staff assigned to Cable TV operations will fall under the supervision of the Communications Division in the City Manager's Office; and WHEREAS, the Environmental Coordinator position within the Public Works Department is being renamed to Sustainability Coordinator and assigned to the Neighborhood and Development Services Department to better reflect an industry standard job title and relevant assignment. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Neighborhood and Development Services Department, Public Works Department and the City Manager's Office be amended by: 1. Deleting one full-time Planning and Community Development Director position 2. Deleting one full-time Housing and Inspection Services Director position 3. Deleting one full-time Assistant to the City Manager position 4. Deleting one full-time Cable TV Administrator position 5. Deleting one full-time Environmental Coordinator position 6. Adding one full-time Neighborhood and Development Services Director position 7. Adding one full-time Economic Development Administrator position 8. Adding one full-time Neighborhood Services Coordinator position 9. Adding one full-time Development Services Coordinator position 10. Adding one full-time Sustainability Coordinator position 11. Adding one full-time Assistant City Manager position The Executive and Administrative pay plan be amended by: 1. Deleting the position of Planning and Community Development Director, grade 33. 2. Deleting the position of Housing and Inspection Services Director, grade 33 3. Deleting the position of Assistant to the City Manager, grade 31 4. Adding the position of Neighborhood and Development Services Director, grade 34 5. Adding the position of Economic Development Administrator, grade 32 6. Adding the position of Neighborhood Services Coordinator, grade 31 7. Adding the position of Development Services Coordinator, grade 31 8. Adding the position of Assistant City Manager, grade 34 The AFSCME pay plan be amended by: 1. Deleting the position of Environmental Coordinator, grade 12. 2. Adding the position of Sustainability Coordinator, grade 12 Passed and approved this 4th day of March , 20 14 Avel y ATTEST:��c.��� CITY'CLERK City A rney's i6e\ lI , It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton Prepared by: Tom Markus, City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5162 RESOLUTION NO. 14-58 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE NEIGHBORH OD AND DEVELOPMENT SERVICES DEPARTMENT, PUBLIC WORKS DEPARTMENT, AND CITY MANAGER'S OFFICE AND AMENDING THE CORRESPONDING PAY PLAN;./ WHEREAS, Resolution No. 13-72, adopted by the City Council on March5 013 authorized budgeted positions in Planning and Community Development Depart ent, Housing and Inspection Services Depa ent, Public Works Department an/iheCit anager's Office for Fiscal Year 2014; and WHEREAS, Resolution No. 12-1 adopted by the City Coun, 2012 established a classification and compensation pl for Executive and Adminployees; and WHEREAS, Resolution No. 12-151, adapted by the City Cpluncil on April 3, 2012, established a classification/compensation plan for AF CME employee, and WHEREAS, the City aims to merge the PI Hing an Community Development and Housing and Inspection Services Departments into a ew ighborhood and Development Services Department; and WHEREAS, Ordinance No. 14-4574ADepart he City Council on March 4, 2014 amended the City Code to change all referencesity of the Directors of the Planning and Community Development and Housinervices Department to the Director of the Neighborhood and Development Servnt; and WHEREAS, the creation of the NeWhborhood and D velopment Services Department is intended to improve internal and xternal communica ions, streamline workflow procedures, allow for comprehensive appro ches to the City Coun il's strategic plan priority of creating and supporting healthy neighborh ods, and enhance reso ces dedicated to economic development matters; and WHEREAS, the Assista to the City Manager position i being reclassified to Assistant City Manager to reflect pa City practice and added supervis ry responsibilities; and WHEREAS, the Cc-kle TV Administrator position is being liminated and staff assigned to Cable TV operations wilfall under the supervision of the Commu ications Division in the City Manager's Offi ' and WHEREAS,,the Environmental Coordinator position within t e Public Works Department is being rens ed to Sustainability Coordinator and assigned t the Neighborhood and DeveloprV(ent Services Department to better reflect an indust standard job title and relevant assignment; and WHI�REAS, Ordinance No. , adopted by the City Counl on March 4, 2014 has also changed all references to and authority of the Cable TV Admini trator as appropriate. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL`�F THE CITY OF IOWA CITY, IOWA THAT: \ The budgeted positions in the Neighborhood and Development Services Department, Public Works Department and the City Manager's Office be amended by: 1. Deleting one full-time Planning and Community Development Director position =�®4 �Zmg� CITY OF IOWA CITY 74 MEMORANDUM Date: February 13, 2014 To: City Council From: Tom Markus, City Manager Re: City Staffing Plan Modifications Introduction: As discussed during the January 4, 2014 budget work session, I am requesting City Council approval on several changes to the authorized staffing plan of the City. Such changes will facilitate the merger of the Planning and Community Development Department (PCD) and the Housing and Inspections Services Department (HIS) and will allow for a merging of the Cable TV and Communications Divisions within the City Manager's Office. The merger of the PCD and HIS departments in to a Neighborhood and Development Services Department will improve internal and external communications, streamline workflow procedures, allow for more comprehensive approaches to the City Council's strategic plan priority of healthy neighborhoods, and enhance resources dedicated toward economic development. While the reorganization may lead to changes in the day-to-day activities or physical locations of individual employees' workstations, no layoffs are proposed. Along with this change, I am seeking to rename the City's Environmental Coordinator position to Sustainability Coordinator and shift the position from Public Works to the newly created Neighborhood and Development Services Department. I believe this change will better position the staff to ensure that the focus on sustainability is heightened within our organization in a manner consistent with the City Council's strategic plan. Specifically, I am seeking authorization on the following changes to the City's staffing plan in relation to this department merger: 1. Elimination of the HIS Director position (Grade 33) 2. Elimination of the PCD Director position (Grade 33) 3. Elimination of the Environmental Coordinator position (AFSCME Grade 12) 4. Creation of the Neighborhood and Development Services Director position (Grade 34) 5. Creation of the Economic Development Administrator position (Grade 32) 6. Creation of the Neighborhood Services Coordinator position (Grade 31) 7. Creation of the Development Services Coordinator position (Grade 31) 8. Creation of the Sustainability Coordinator position (AFSCME Grade 12) It is my intent to fill the Neighborhood Development Services Director and Economic Development Administrator positions by appointment. The Neighborhood Services Coordinator and Development Services Coordinator positions will be posted internally per standard city procedures. I am not seeking authorization to increase the number of City employees, and thus as the new positions are filled internally, vacated positions will be left unfilled and eventually will be eliminated from the staffing plan. There will likely be some expenses associated with these changes, however there is existing budget flexibility to accommodate such needs. Upon receiving City Council authorization, I will begin the process of filling these various positions. It is my goal to have the new department fully organized by July 1, 2014. Staff will soon be working through various office modification concepts that may be needed to accommodate the reorganization. It is possible that such changes will continue beyond the July February 13, 2014 Page 2 �. 1� 1St date. Any expenses associated with office reconfigurations will utilize existing bu get authority or will be brought before the City Council for your approval. I am also seeking several changes to the staffing plan in the City Manager's Office. The reclassification of the Assistant to the City Manager position (Grade 31) to Assistant City Manager (Grade 34). This change reflects a continuation of the City's past practice to hire new staff into the Assistant to the City Manager position and give them an opportunity to move up to the Assistant City Manager position. The change is consistent with succession planning efforts and will recognize added supervisory responsibilities that existed with the former Assistant City Manager position that was eliminated in 2011. Included among those responsibilities will be oversight of the Communications, Human Rights and Human Resources operations, as well as other departments or divisions as assigned by the City Manager. Among the initial assignments for the Assistant City Manager position will be oversight of the Neighborhood and Development Services Department. Additionally, the Assistant City Manager will assume the role of the primary legislative liaison for the City. There is no salary increase associated with the reclassification, however the classification change will allow for future growth in salary beyond what the current classification provides. In addition, I am seeking approval to merge the Cable TV and Communications divisions within the City Manager's Office. This change will involve the elimination of the Cable TV Administrator position. Remaining staff in the Cable TV division will fall under the supervision of the Communications division. This change will allow for better coordinated public messaging and additional resource and expertise sharing within the organization. Specifically, I am seeking authorization on the following changes to the City's staffing plan in relation to these City Manager's Office changes: 1. Elimination of the Assistant to the City Manager position (Grade 31) 2. Elimination of the Cable TV Administrator position (Grade 29) 3. Creation of the Assistant City Manager position (Grade 34) All of the above described changes are consistent with discussions from the City Council's budget work sessions. I am confident they will allow staff to better achieve the City's strategic goals in the coming years. EXISTING Library Boa PROPOSED Residents of Iowa City City Council City City Clerk Manager Assistant City • Human Resources • Human Rights Neighborhood _ and Development Services MPo of Iowa City Johnson , Housing County Authority Advisory Airport Boards & pmmi Commissions e' City AttorneyAirport i r Finance Parks & Recreationl -Police-, Fire (Transportation � ��°� _ Services CITY OF IOWA CITY - - -'! 15 MEMORANDUM To: Tom Markus From: Wendy Ford, Economic Development Coordinator Date: February 21, 2014 Re: Resolution for Financial Assistance to Film Scene Introduction Film Scene, the new art -house movie theater in downtown Iowa City, submitted a request for three years of financial assistance to the City Council Economic Development Committee (CCEDC). They seek $35,000, $25,000 and $15,000 in FY15, FY16 and FY17, respectively. The CCEDC met on February 11, 2013 and voted to recommend approval, 3-0. The resolution on the March 4 agenda is to fund a multi-year financial assistance package to Film Scene. History/Background The last time a movie theater operated downtown, it was about 10 years ago in the Old Capitol Mall. Since then, two City commissioned downtown market studies (2007 and 2011) noted that a movie theater was needed downtown. In 2011, Andy Brodie and Andrew Sherburne first approached the City with their plans to open an art -house cinema and were looking for input on locations, possible partnerships and funding opportunities they might investigate. Almost two and a half years later, in November 2013, and after extensive fundraising and awareness building, Scene 1 opened at 118 E. College Street, in a fully renovated 113 year old building that was last home to large "problem" bar. The award winning building is now known as the Packaging & Provisions Building, and Film Scene's neighboring tenants are Velvet Coat and the Steven Vail Art Gallery on the first floor, and Modus Engineering in the formerly vacant second floor. Film Scene founders still have a long term goal of opening two larger theaters in the future building at the corner of Gilbert and College Streets, but Scene 1 is the starting point. A nonprofit 501(c)(3), Film Scene operates with a professional staff guided by a committed Board of Directors. Solution When the corporate theaters closed, an entertainment void was left for students and residents at a time when the major entertainment option, drinking, was becoming more and more problematic due to the lack of a 21 -only law and a proliferation of large drinking venues. Film Scene fills part of that void and supporting it is aligned with at least two of Council's Strategic Planning priorities — engaging in strategic economic development activities and ensuring a strong urban core. Film Scene built a lot of support from the public. They raised over $200,000 through an online fundraiser and in person through Founder's Circle Friend Raising (a $1,000 membership). February 24, 2014 Page 2 They project earnings from earned income (ticket sales and concessions) vs. contributed income (donations) in a ratio similar to other entertainment venues, and thus, are cautious in projecting too much earned income. They are planning to continue to raise funds to ensure ongoing success. The financial assistance they seek from the City will only partially fill the gap remaining in the contributed income portion of their budget. Profit and loss projections over the next 3 years show a net loss of near $179,000, an amount greater than the $75,000 total request of the City. The difference of $104,500 will be financed with debt through year 3 when Film Scene projects it will run its first year in the black. The developer of the Packaging and Provisions Building also received City assistance of $250,000. Those funds were specifically approved to bring the building up to modern standards for roofing, HVAC and elevator. The total renovation project costs to the developer were more than $2 million. The developer is providing a below market rate lease to Film Scene, thus, helping to shoulder some of the costs of ensuring an art -house cinema is located downtown. Recommendation Staff recommends approval of the resolution. The CCEDC unanimously recommended approval of the request at their Feb. 11, 2014 meeting. Film Scene has demonstrated an ability to raise funds on their own and will continue to do so. They have requested a declining amount of funding over three years to help bring them to an eventual self-sustaining financial position. They have not requested their full financial gap, showing their own intent to continue fund- raising and to take on debt to cover operational expenses. They have good operational capacity, a sound Board of Directors, and collaboration with the Bijou. There is demonstrated need for an art -house cinema in the community and supporting it fits with at least two of Council's strategic planning goals. Fiscal Impact We would amend the FY15 Community Development Assistance Funds (10510610-448070) for the first year and budget from the same line in the 2nd and 3rd years. Please feel free to call or email me with questions or comments. MINUTES — Excerpt of Film Scene item, only MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE FEBRUARY 10, 2014 CITY MANAGER'S CONFERENCE ROOM, CITY HALL, 8:00 A.M. Members Present: Susan Mims, Michelle Payne, Matt Hayek Staff Present: Wendy Ford, Tracy Hightshoe, Jeff Davidson, Tom Markus, Steve Long, Eleanor Dilkes Others Present: Taki Mullins (Butter); Adam McLaughlin (Midwest One Bank); Bob Long (MetaCommunications); Dan Cilek (Meta Communications); Aly Brown (Press - Citizen); Andy Brodie (Film Scene); Bill Thomasson (Film Scene); Laura Bergus (Film Scene); Mark Nolte (ICAD); Nancy Quellhorst (Chamber) RECOMMENDATIONS TO COUNCIL: Payne moved to recommend the request for financial assistance from Film Scene per staff recommendation. Hayek seconded the motion. Motion carried 3-0. CONSIDER REQUEST FOR FINANCIAL ASSISTANCE FROM FILM SCENE Ford gave the background on this request. As noted in the packet information, two separate studies have indicated a strong desire for movie theaters in the downtown district. Two years ago, Andy Brodie and Andrew Sherburne approached the Planning Department with plans to start an art house cinema that would fill this void. Staff worked with Brodie and Sherburne to find the right space for this vision. After two years, the two began to work with Marc Moen on the possibility of creating some space in the old Vito's location for an initial venue. By this time, they had formed their board of directors, incorporated as a non-profit and begun to raise funds. Ford noted that Film Scene has been doing well, exceeding some early expectations, but they still require financial assistance. As with many non-profit arts organizations, they count on two sources of income — contributed funds (donations) and earned revenues (ticket sales and concessions). Film Scene's projections are conservative in terms of fundraising and tickets sales, and there will be a deficit for the first three years of operation. Ford noted that Film Scene has requested three years of funding to get them through until they can operate without a deficit. They have requested a declining amount of $35,000 in FY15; $25,000 in FY 16 and $15,000 in FY17. This total of $75,000 would reduce Film Scene's projected deficit of $179,000 at the end of the three-year period, and also require a combination of additional fundraising and for them to obtain an operating line -of -credit from their bank. Ford noted that movie -going is an activity that helps to fill an entertainment void downtown. She recalled for Members the rehab improvements made to the building, and the assistance the developer received, specifically for replacing the roof, the HVAC system, and adding an elevator in view of the future potential for the building as a non -alcohol entertainment, retail and office venue in the ped mail. She noted the developer, in turn, is helping Film Scene by providing a below-market rent rate for them. Ford also referenced two the Council's strategic planning priority goals of having a vibrant urban core and engaging in strategic economic development activities, and said that supporting this request is aligned with City Council's Strategic Planning Priorities. Andy Brody then addressed the Members. He said that they have been pleased with the success of Film Scene so far. Film Scene has been open full-time for almost three months now, and they have been averaging more than 40 people per show, and as of this morning, have sold 5,770 tickets since MINUTES — Excerpt of Film Scene item, only Page 2 opening full-time. He added that they now anticipate 25,000 admissions in their first year of being open full-time, about 7,000 more than their original projections. Brody noted that they have a predominantly non -student membership program where members pay an annual fee and receive $5.00 admission to all regular programming. Normally tickets are $8.50 each, with a $7.50 price for a matinee, $6.50 for seniors 60+, and $6.50 for University of Iowa students. They also hope to extend this discount to Kirkwood College students in the future. Brody noted that about 700 to 800 of the admissions were U of I students. The IndieGoGo (a web -based crowd sourcing) Campaign netted around 225 members and a fundraising total of $91,000. So far more than 900 individuals have made contributions to Film Scene through either the social media campaign or through the Founder's Circle campaign and Film Scene has over 350 annual paying members currently. Brody then responded to Members' questions about the jobs at Film Scene. There are currently two full-time and one part-time employee, in addition to six part-time box office staff and four part-time projectionists. Box office and concession staff starts at $7.50 an hour plus tips, and shift managers make $8.00 while projectionists make $10.00 hour. The head projectionist's pay is at $12.50 per hour, with the salary for the executive director is $35,000; $30,000 for the operations director; and $15,000 for the part-time marketing director. Payne asked if the possible minimum wage increase will have much effect on Film Scene, and Brody stated that they have not looked at those numbers yet. Hayek noted that the Board of Directors for Film Scene is packed with talent, adding that this really gives him confidence for their success. He asked about fundraising for the near future and how Film Scene plans to deal with this going forward. Brody responded, noting they plan to increase membership in their $1,000 Founder's Circle level. Mims then asked what impacts are expected if the College/Gilbert Street project moves forward with Marc Moen. Brody noted that they did do a Letter of Intent to be included in the project when it was first being discussed, and added that they hope to have the College/Gilbert project as an expansion of Film Scene, not a replacement. As far as he knows, the developer intends to keep the theater at the College/Gilbert Street location. Brody also spoke to how he hopes to host a film festival one day, and that in concert with the Englert and the eventual Chauncey project, they would be well on their way to being able to host a substantial film festival. Payne asked for an explanation of the difference between Scene 1 and Film Scene. Brody said Scene 1 basically refers to the space at 118 E. College, and Scene 2 would most likely be the next space. It is more of a marketing tool than anything else. With no further discussion, Chairperson Mims asked for a motion. Payne moved to recommend the request for financial assistance from Film Scene per staff recommendation. Hayek seconded the motion. Motion carried 3-0. 15 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 14-59 RESOLUTION OF INTENT TO BUDGET ANNUAL FUNDING FOR FILM SCENE FOR THREE FISCAL YEARS 2015, 2016 AND 2017 WHEREAS, the City of Iowa City has established Strategic Planning Priorities; and WHEREAS, the City's economic development policies are based on the City Council Strategic Priorities; and WHEREAS, two of the five Priorities are engaging in strategic economic development activities and ensuring a strong urban core; and WHEREAS, Film Scene offers a downtown movie theater with a wide variety of programming adding to the diversity of businesses downtown and to the diversity of entertainment options there for the public; and WHEREAS, Film Scene is a non-profit organization having demonstrated broad public support yet requiring additional financing in the initial years to be able to operate without a deficit by year three; and WHEREAS, an economic development grant of $35,000 in FY15, $25,000 in FY16 and $15,000 in FY17 would enable the success of the business; and WHEREAS, funds for this expense would be made available from account 10610510-448020 Community Development Assistance, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is the intent of this City Council that $35,000, $25,000, and $15,000 be budgeted for a grant to FilmScene in each respective fiscal year 2015, 2016 and 2017. Passed and approved this 4th day of March 120 14 . '� - MAYOR App ved by ATTEST: / �. 9i���/ CITY tLERK Ci y Attorney's Office a4__1/,ly Resolution No. 14-59 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton