HomeMy WebLinkAbout2015-02-23 ResolutionPaul D. Pate
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Secretary of State
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TCRv Of State of Iowa
>j FILED
28E W
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Agreement LL M507890
0 2/24/2015 3:18:15 PM
PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM
Item 1. The full legal name, organization type and county of each participant to this agreement are:
CIILCI VIIICI II
not in Iowa
Item 2. The type of Public Service included in this agreement is: 350 Street and Road Systems
(Enter only one Service Code and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Agreement between the City of Iowa City and Johnson County, Iowa for improvements to a portion of Sycamore
Street. (Res#15-37)
Item 4. The duration of this agreement is: (check one) El Agreement Expires [mm/dd/yyyy] mindefinite Duration
Item 5. Does this agreement amend or renew an existing agreement? (check one)
m NO
❑ YES Filing # of the agreement:
(Use the filing number of the most recent version filed for this agreement)
The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e.
Item 6. Attach two copies of the agreement to this form if not filing online.
Item 7. The primary contact for further information regarding this agreement is: (optional)
LAST Name Tuttle FIRST Name Kellie
Title Administrative Secretary Department Administrative Secretary
Email kellie-tuttle(cDiowa-city.org Phone 319-356-5043
Full Legal Name
Organization Type
*County
Party 1
City of Iowa City
City
Johnson
Party 2
County of Johnson County, Iowa
County
Johnson
Party 3
Party 4
Party 5
CIILCI VIIICI II
not in Iowa
Item 2. The type of Public Service included in this agreement is: 350 Street and Road Systems
(Enter only one Service Code and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Agreement between the City of Iowa City and Johnson County, Iowa for improvements to a portion of Sycamore
Street. (Res#15-37)
Item 4. The duration of this agreement is: (check one) El Agreement Expires [mm/dd/yyyy] mindefinite Duration
Item 5. Does this agreement amend or renew an existing agreement? (check one)
m NO
❑ YES Filing # of the agreement:
(Use the filing number of the most recent version filed for this agreement)
The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e.
Item 6. Attach two copies of the agreement to this form if not filing online.
Item 7. The primary contact for further information regarding this agreement is: (optional)
LAST Name Tuttle FIRST Name Kellie
Title Administrative Secretary Department Administrative Secretary
Email kellie-tuttle(cDiowa-city.org Phone 319-356-5043
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156
RESOLUTION NO. 15-37
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
JOHNSON COUNTY, IOWA FOR IMPROVEMENTS TO A PORTION OF
SYCAMORE STREET
WHEREAS, both the City of Iowa City ("the City") and Johnson County ("the County") are public
agencies as defined by Section 28E.2 of the Code of Iowa (2015); and
WHEREAS, the City and the County recognize that the portion of Sycamore Street located in
Section 26-79-6 of Johnson County, Iowa presently sits in part on County right-of-way, and in part
on City right-of-way; and
WHEREAS, Sycamore Street is within the growth boundary of the City, and serves as a collector
street within the City's street system; and
WHEREAS, the City wishes to improve the roadway from its present rural standard chip seal
surface to urban standard concrete paving with sidewalk on the East side; and
WHEREAS, the County has no objection to said improvements; and
WHEREAS, the City and the County wish to enter into an agreement whereby the County formally
grants the City permission to make said improvements to Sycamore Street, at no expense to the
County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The attached 28E Agreement for improvements to a portion of Sycamore Street
between the City of Iowa City, Iowa and Johnson County, Iowa is hereby approved
and the Mayor is hereby authorized to execute and the City Clerk to attest to the
attached 28E Agreement.
2. The City Clerk is directed to file a copy of said agreement with the Secretary of the
State of Iowa, as required by Iowa Code Chapter 28E.
Passed and approved this 23rd day of February , 2015
MAYOR
ATTEST: &L�
CITY'CLERK
App � d _ j '� _(1_
City Attorney's Office
Resolution No. 15-37
Page 2
It was moved by Mims and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
Dickens the Resolution be
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Drafted by Eleanor Dilkes, City Attorney, 410 E. Washington, Iowa City, Iowa 52240,319-356-5030
28E Project Agreement
Between Johnson County, Iowa and the City of Iowa City, Iowa
for Improvements to a Portion of Sycamore Street
WHEREAS, both the City of Iowa City ("the City") and Johnson County ("the County") are
public agencies as defined by Section 28E.2 of the Code of Iowa (2013); and
WHEREAS, the City and the County recognize that the portion of Sycamore Street located in
Section 26-79-6 of Johnson County, Iowa presently sits in part on County right-of-way, and in part on
City right-of-way; and
WHEREAS, Sycamore Street is within the growth boundary of the City, and serves as a collector
street within the City's street system; and
WHEREAS, the City wishes to improve the roadway from its present rural standard chip seal
surface to urban standard concrete paving with sidewalk on the East side; and
WHEREAS, the County has no objection to said improvements; and
WHEREAS, the City and the County wish to enter into an agreement whereby the County
formally grants the City permission to make said improvements to Sycamore Street, at no expense to the
County.
IT IS NOW AGREED that the City and the County enter into an agreement pursuant to Chapter
28E of the Code of Iowa (2013) providing for cooperative action pursuant to the proposed construction
project and said cooperative actions include the following:
1. PURPOSE AND PROJECT SCOPE: The purpose of this Agreement is for the County to grant
formal permission to the City to improve those portions of Sycamore Street lying on County right-of-way
from Lehman Avenue North to approximately 200 feet south of Langenberg Avenue at the south city
limit line. The improvements shall consist of installations associated with urban design standards. These
installations may include but are not limited to pcc or hma paving, storm sewer and sidewalk.
2. NO SEPARATE LEGAL ENTITY: No separate legal entity is created by this Agreement. The
Johnson County Board of Supervisors shall administer the County's duties and responsibilities herein.
The City Manager of Iowa City shall administer the City's duties and responsibilities herein.
3. CONSIDERATION: The mutual consideration herein is undertaking the improvements to
Sycamore Street. The project costs, in their entirety, will be borne by the City. The County will pay
nothing toward the costs of these improvements.
4. RESPONSIBILITY FOR WORK: The City shall be responsible for obtaining any and all
additional easements needed for the improvement project. The City shall have sole and exclusive
responsibility for the construction work.
5. MAINTENANCE: Maintenance of the subject portion of Sycamore Street and Lehman Avenue,
once the improvements are completed, shall continue to be dealt with as set out in the Road Maintenance
Agreement previously entered into by the City and the County and as hereinafter amended. Sidewalk
installed within the scope of this project in the County, if any, will be cleared and maintained by the City
until such time as it is annexed into the City.
6. FINANCING: The City shall bear all costs associated with this construction project.
7. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by the
Johnson County Board of Supervisors and the City Council of Iowa City, and filed with the Secretary of
State as provided in Chapter 28E.8 of the Code of Iowa (2013).
8. DURATION: This agreement shall continue in force until final acceptance of the work by the
City. Thereafter, the City shall continue to clear and maintain sidewalk, if any, installed within the scope
of this project in the County until such time as it is annexed into the City.
9. NO THIRD -PARTY BENEFICIARIES: Nothing herein is intended to alter the City's and/or
County's ultimate responsibility for their own right-of-way, including liability for or immunity from third -
party claims. Nor is this 28E Agreement intended to create any third -party benefits.
10. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the agreement
shall be in accordance with Chapter 28E of the Code of Iowa (2013) and statutes respecting the rights and
responsibilities of the political subdivisions.
11. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted
to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event
such matters must be submitted to the parties, they shall be submitted specifically to the City Manager of
the City of Iowa City, as representative for the City, and to the Johnson County Engineer, as
representative for the County, who will both make a good faith effort to resolve the dispute.
JOHNSON COUNTY
This agreement was approved by official action of the Johnson County Board of Supervisors in
official session on the Z*�` day of Fz�,- u� , 2015.
J
Patrick Harney, Chairp on
Johnson County Boar of Supervisors
ATTEST;
County Auditor/Designee
CITY OF IOWA CITY
This agreement was approved by official action of the City Council of Iowa City in official
session on the 23rd day of February , 2015 .
ATTEST: 2LXt,-,,
City Clerk/Designee
Matt Hayek, Mayor
City of Iowa City
Approved By
city Attorney's Office
r
3d(2)
CITY OF IOWA CITY-
MEMORANDUM
ITYMEMORANDUM
DATE: February 13, 2015
TO: Tom Markus, City Manager
FROM: Jason Havel, City Engineer -W4ZtX-
RE: Sycamore Street — City Limits to South Gilbert Street, Phase 1
28E Agreement with Johnson County for Improvements to a portion of
Sycamore Street
Introduction:
This agenda item includes a 28E Agreement with Johnson County for the Sycamore Street — City
Limits to South Gilbert Street, Phase 1 Project.
History / Background:
The City Corporate limit line currently runs north / south along the centerline of the Sycamore Street
roadway with City jurisdiction on the west side and County jurisdiction as roadway easement on the
east side of Sycamore. The City and County currently have a 28E maintenance agreement
established that includes responsibility for City maintenance of the Sycamore Street roadway
surface, and east side of Sycamore Street roadway easement.
The County Board of Supervisors has approved this 28E Agreement.
Discussion of Solution:
The proposed 28E Agreement is necessary between the City and County to allow for the City to
install improvements in the County jurisdiction and also to establish City maintenance responsibility
for said improvements. This agreement authorizes the City to construct improvements to Sycamore
Street within the county right-of-way at no expense to the County. The City also agrees to maintain
the 5' wide sidewalk, and maintain turf grass installed within the County right-of-way until the
adjoining property is annexed into the City.
Financial Impact Statement:
The City is funding the roadway improvements with the Sycamore Street Project and ongoing
maintenance responsibilities that are required with this installation as indicated with the agreement.
Johnson County is not required to cost share on any improvements or maintenance of improvements
within the right of way over the portion of Sycamore Street included with this project.
Recommendation:
Staff recommends proceeding with authorization of approving the 28E Agreement between Johnson
County and the City of Iowa City for the Sycamore Street Improvements.
cc: Ron Knoche, Public Works Director
Dave Panos, Senior Civil Engineer
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 15-38
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
ATTEST THE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH
JOHNSON COUNTY, IOWA FOR THE EXTENSION OF THE CITY'S WATER
DISTRIBUTION SYSTEM ON SLOTHOWER ROAD.
WHEREAS, the City desires to extend its water distribution system from Melrose Ave. to Tempe
Place and in order to do so must acquire right-of-way and a temporary construction easement
from Johnson County, Iowa on the east side of Slothower Road; and,
WHEREAS, at its meeting on February 9, 2015 the Council passed resolution No. 15-28
regarding the conditions on which Johnson County agreed to dedicate the right-of-way at no
charge to the City and the County has signed deeds conveying the right-of-way to the City; and,
WHEREAS, Johnson County has also agreed to grant the temporary construction easement to
the City at no charge.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The mayor is authorized to sign and the City Clerk is authorized to attest the
Temporary Construction Easement attached hereto.
Passed and approved this 23rd day of February 12015
A&ddA
MAYOR
A pr ved by
ATTEST:
CITY CLERK City Attorney's Office
Resolution No. 15-38
]Page 2
It was moved by Mims and seconded by
Resolution be adopted, and upon roll call there were:
Dickens the
AYES: NAYS: ABSENT:
x B otchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
Prepared by & Return to: Eleanor Dilkes, City Attorney; 410 E. Washington St.; Iowa City, IA 52240; 319-356-5030
Legal Description: Parcel located in the SWIA of the SETA of Section 12, Twnshp 79 N, Range 7 W, Iowa City,
Johnson County, Iowa.
Grantor(s): Johnson County, Iowa
Grantee(s): City of Iowa City
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
SLOTHOWER ROAD WATER MAIN PROJECT
THIS AGREEMENT, made and entered into by and between Johnson County, Iowa, a municipal
corporation, hereinafter "OWNERS", and the City of Iowa City, Iowa, a municipal corporation,
hereinafter "CITY."
In consideration of their mutual promises herein, OWNERS and CITY agree as follows:
OWNERS state and covenant that they are the owners of certain real estate described on
Exhibit "A" attached hereto, by virtue of legal and/or equitable title, that they are lawfully
seized and possessed of said real estate, and that they have good and lawful right to convey
this easement. OWNERS further agree to indemnify CITY against any and all claims by
tenants or others claiming ownership or possessor rights to the property described on
Exhibit "A".
2. OWNERS do hereby grant and convey to CITY a temporary construction easement in,
over and across that portion of OWNERS' property described and depicted on Exhibit "A"
attached hereto (hereafter "Temporary Easement Area") for the purpose of facilitating
CITY's construction of the Slothower Road Water Main Project (public improvement"),
which grant to CITY shall include necessary grading, excavation, piling of dirt, regrading,
restoration, storage of materials and equipment, and ingress and egress of persons and
equipment to the Temporary Easement Area, as needed to complete said public
improvement.
3. The term of this Temporary Construction Easement will be for the period of time required
by CITY to complete the construction of the public improvement, but in no event shall the
duration of the Temporary Construction Easement extend beyond the date two (2) years
after commencement of construction in the Temporary Easement Area.
2
4. With respect to the Temporary Construction Easement, OWNERS grant the following
rights:
a. CITY shall have the right to make excavations within the Temporary Easement
Area, and to grade as CITY may find reasonably necessary for the construction.
CITY covenants and agrees to protect such excavations during construction; to
promptly fill said excavations following construction; and to hold OWNERS
harmless from third party liability during'said construction.
b. CITY shall promptly backfill any trench made by it, and repair any damages caused
by CITY within the Temporary Easement Area, but excluding the replacement of
trees, shrubs and brush on the Easement Area. CITY shall indemnify OWNERS
against loss or damage which occurs as a result of CITY's negligent acts or
omissions in the exercise of its easement rights herein. Once the Temporary
Easement Area has been restored substantially to its prior condition and except as
expressly provided in this Temporary Easement Agreement, CITY shall have no
further responsibility for maintaining the Temporary Easement Area.
C. CITY shall have the right of ingress and egress to and from the Temporary
Easement Area by such route within the Temporary Easement Area as shall
occasion the least practical damage and inconvenience to OWNERS.
d. CITY shall have the right to trim or remove all structures, trees, brush, and any
other landscaping features which may interfere with the exercise of CITY's rights
pursuant to this Temporary Easement Agreement.
5. CITY covenants and agrees that existing driveways, fences, underground drainage tile or
other site features, with the exception of trees, shrubs and brush, which are removed or
disturbed shall, to the extent reasonably possible, be replaced by CITY to conform with
features or items removed during construction. CITY further agrees that all grassed areas
disturbed by the construction shall be seeded within a reasonable time after construction is
complete.
6. CITY covenants and agrees to remove and stockpile existing topsoil from areas to be
excavated, to be used in the event of any repair. Following installation of the public
improvement, all areas within the Temporary Easement Area which are disturbed will be
graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed
areas, thereby restoring said area substantially to its prior condition, with the exception of
the replacement of trees, shrubs and brush.
7. CITY hereby gives notice of OWNERS' five year right to renegotiate construction or
maintenance damages not apparent at the time of the signing of this easement agreement as
required by §613.52, Code of Iowa (2013).
3
The provisions hereof shall inure to the benefit of and bind the successors and assigns of
the respective parties hereto, shall be deemed a covenant which runs with the land and with
the title to the land, and shall be recorded in the Johnson County Recorder's Office, at
CITY expense.
SIGNED this day of Fck r u 4y- , 2015.
CITY OF IOWA CITY, IOWA
By: z:.
Matthew J. Hayek, Mayor
By:_/�L� ry-tn�
Marian K. Karr, City Clerk
Approved by
City Attorney's Office
STATE OF IOWA
JOHNSON COUNTY
JOHNSON COUNTY, IOWA
By:
Patrick Harney, Chairp on
Johnson County Board of Supervisors
Attest:
Travis Weipert
OWNERS' ACKNOWLEDGEMENT
SS:
On this I 3d-/� day of February, 2015, before me, the undersigned, a Notary Public
in and for said State, personally appeared Patrick Harney, Chairperson of the Johnson County
Board of Supervisors and % ��ye.,�.,d,a J.-,4�� , Johnson County
n
Auditor/Designee, to me knowto be the identical persons named in and who executed the
foregoing instrument and acknowledged that they executed the same as their voluntary acts and
deeds on behalf of and after appropriate legal action was taken by Johnson County, Iowa.
MARK A. KISnER �
° Commission Number 169415
OF
M ommission Expires otary P lic in and for said State and ty
M
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this n- rf� day of 1—e:�2c c����--, 2015, before me, the undersigned, a Notary Public in
and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr,
to me personally known, who being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of said municipal corporation executing the within and foregoing instrument;
that the seal affixed thereto is the seal of said municipal corporation; that said instrument was
signed and sealed on behalf of said municipal corporation by authority of City Council of said
municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged
the execution of said instrument to be the voluntary act and deed and said municipal corporation,
by it and by them voluntarily executed.
_LIE 6`21819
- iins,i°it"'urnber Aires
`6 y,; `` ,' _'r,6y°rms°' EX Notary Public in and for the State of Iowa
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT EXHIBIT
I 44.00 —
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15.00
LEGAL DESCRIPTION
A FIFTEEN FOOT TEMPORARY CONSTRUCTION EASEMENT BEING A PART OF THE
SOUTH 15 FEET OF THE WEST 44 FEET OF AUDITOR'S PARCEL 2003012 RECORDED
IN JOHNSON COUNTY RECORDS AT BOOK 46, PAGE 38 AND BEING LOCATED IN
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 79 NORTH, RANGE 07 WEST OF THE 5TH P.M., CITY OF IOWA CITY,
JOHNSON COUNTY, IOWA. DESCRIBED EASEMENT CONTAINS 660 SQUARE FEET
AND IS SUBJECT TO OTHER EASEMENTS AND RESTRICTIONS OF RECORD.
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EASEMENT EXHIBIT
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Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030
RESOLUTION NO. 15-39
RESOLUTION ACCEPTING THE DEDICATION OF .35 ACRES ALONG
SLOTHOWER ROAD FROM SLOTHOWER FARMS, L.L.C. IN IOWA CITY,
JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT-OF-WAY.
WHEREAS, Slothower Farms, L.L.C. wishes to redevelop certain land it owns near Slothower
Road; and
WHEREAS, pursuant to that site plan approval, whereby a new residential lot was created,
Slothower Farms, L.L.C. agreed to dedicate certain land as public right-of-way to ensure adequate
right-of-way is available to improve Slothower Road to City standards; and
WHEREAS, the City Council finds acceptance of said dedication to be in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
Acceptance of the above -referenced land for public right-of-way, in a form of conveyance
approved by the City Attorney's Office, is hereby approved and authorized.
2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to
attest any and all documentation necessary to effectuate the acceptance of said
dedication, and to record the same at Slothower Farms, L.L.C.'s expense.
Passed and approved this 23rd day of February , 2015.
At�_� 4
MAYOR
Approved by
ATTEST: - .-Z,
CITY C ERK City Attorney's Office/���
Resolution No. 15-39
]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: Michael Moran, Parks and Recreation Director, 220 S. Gilbert St., Iowa City, IA 52240 (319) 356-5100
RESOLUTION NO. 15-40
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE PARKS AND
RECREATION DEPARTMENT BY DELETING ONE -FULL TIME MAINTENANCE WORKER II
— CBD AND ONE SENIOR MAINTENANCE WORKER — CBD POSITION AND ADDING ONE
FULL-TIME MAINTENANCE WORKER II — HORTICULTURE AND ONE FULL-TIME SENIOR
MAINTENANCE WORKER- HORTICULTURE SPECIALIST.
WHEREAS, Resolution No. 14-54, adopted by the City Council on March 4, 2014 authorized
budgeted positions in the Parks and Recreation Department for Fiscal Year 2015; and
WHEREAS, Resolution No. 12-151, adopted by the City Council on April 3, 2012 established a
classification and compensation plan for AFSCME employees; and
WHEREAS, Parks and Recreation has budgeted three fulltime positions relating to the Central
Business District; and
WHEREAS, the Parks and Recreation Department wishes to amend two of the three positions
in title and realignment of their job responsibilities; and
WHEREAS, this change will allow the Department more flexibility in assigning job
responsibilities and create a better service model for the Central Business District and the park
system.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The budgeted positions in the Parks and Recreation Department are amended by:
1. Deleting one full-time Maintenance Worker II — CBD position, AFSCME grade 5.
2. Adding one full-time Maintenance Worker II — Horticulture, AFSCME grade 5.
3. Deleting one full-time Senior Maintenance Worker — CBD position, AFSCME grade 12.
4. Adding one full-time Senior Maintenance Worker- Horticulture Specialist, AFSCME
grade 12.
The AFSCME pay plan be amended by:
1. Adding the position of Maintenance Worker II — Horticulture, grade 5.
2. Deleting the position of Senior Maintenance Worker - CBD, grade 12.
3. Adding the position of Senior Maintenance Worker- Horticulture Specialist, grade 12.
Passed and approved this 23rd day of February _,2015
ATTEST: /'1'h� � -
CITY CORK
ABY 4
r
MAYOR
Approved by
City Attorney's Office
Resolution No.
]Page 2
15-40
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
r
251CITY OF IOWA CITY 3d(6)
MEMORANDUM
Date: February 17, 2015
To: Tom Markus, City Manager
From: Michael Moran, Director of Parks and Recreation
Re: AMENDING POSITIONS IN PARKS AND RECREATION DEPARTMENT
Introduction: Transportation and Parks Divisions have been working together to provide a
better service model for the maintenance and upkeep of the Central Business District and Park
entry ways.
History/Background: Since both divisions serve the immediate area around the Ped Mall and
Downtown Business District, it makes sense to combine forces, staff and resources to provide a
better detailed cleaning and maintenance appearance and service to this area. We can also
combine efforts to contract services to meet the need of providing these services for a longer
period of time during the day to meet all uses in the downtown, morning noon and night.
Discussion of Solution: This resolution provides needed staff changes to provide this new
additional service. No positions will be eliminated or reduced in pay but provide a more accurate
accounting of what they will be doing.
Financial Impact: There is no financial impact to these changes only modifications to position
titles.
Recommendation: Approve and pass these resolutions
Cc. Chris O'Brien Transportation and Parking Services
3d(7)
Prepared by: Ben Clark, PE, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436
RESOLUTION NO. 15-41
RESOLUTION ACCEPTING THE WORK FOR THE ASBESTOS ABATEMENT,
REMOVAL OF MISC. HAZARDOUS MATERIALS AND REMOVAL OF
HOUSEHOLD HAZARDOUS WASTE AT THE CITY OF IOWA CITY NORTH
WASTEWATER TREATMENT PLANT PROJECT.
WHEREAS, the Engineering Division has recommended that the work for the Asbestos
Abatement, Removal of Misc. Hazardous Materials and Removal of Household Hazardous
Waste at the City of Iowa City North Wastewater Treatment Plant project, as included in a
contract between the City of Iowa City and New Horizons Enterprises, Inc. of Lincoln, Nebraska,
dated December 24, 2014, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Engineer's office; and
WHEREAS, funds for this project are available in the North Wastewater Plan Demolition Fund
account # V3142; and
WHEREAS, the final contract price is $25,019.00
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 23rd day of February —,20 15
4
MAYOR
Approved by
ATTEST: E� r,J11er fl�kz .._
CITY bLERK City Attorney's Office a/,.}11S
It was moved by Mims and seconded by
adopted, and upon roll call there were:
Dickens the Resolution be
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
ENGINEER'S REPORT
February 13, 2015
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:Asbestos Abatement, Removal of Misc. Hazardous Materials and Removal of Household
Hazardous Waste at the City of Iowa City North Wastewater Treatment Plant
Dear City Clerk:
I hereby certify that the construction of the Asbestos Abatement, Removal of Misc. Hazardous
Materials and Removal of Household Hazardous Waste at the City of Iowa City North
Wastewater Treatment Plant Project has been completed by New Horizons Enterprises, Inc. of
Lincoln, Nebraska in substantial accordance with the plans and specifications prepared by
Bracke-Hayes-Miller-Mahon, Architects, LLP of Davenport, Iowa.
The project was bid as a lump sum contract and the final contract price is $25,019.00.
1 recommend that the above -referenced improvements be accepted by the City of Iowa City
Sincerely,
ason Havel, P.E.
City Engineer
Prepared by: Doug Hart, Police Captain, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5272
RESOLUTION NO. 15-42
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE POLICE DEPARTMENT
AND THE AFSCME AND ADMINISTRATIVE AND CONFIDENTIAL PAY PLANS BY
DELETING ONEFULL TIME RECORDS SUPERVISOR, ONE FULL-TIME ADMINISTRATIVE
SECRETARY, TWO FULL-TIME POLICE RECORDS CLERKS AND TWO FULL-TIME
SENIOR POLICE RECORDS CLERKS AND ADDING ONE FULL-TIME POLICE
ADMINISTRATIVE COORDINATOR AND FOUR FULL-TIME POLICE RECORDS
TECHNICIANS.
WHEREAS, Resolution No. 14-54, adopted by the City Council on March 4, 2014 authorized
budgeted positions in the Police Department for Fiscal Year 2015; and
WHEREAS, Resolution No. 12-151, adopted by the City Council on April 3, 2012 established a
classification and compensation plan for AFSCME employees; and
WHEREAS, Resolution No. 12-152, adopted by the City Council on April 3, 2012 established a
classification and compensation plan for Administrative and Confidential employees;
WHEREAS, both the Police Records Supervisor and Police Administrative Secretary are retiring
on March 27, 2015; and
WHEREAS, to accommodate changes in staff operations, the Police Department is looking to
consolidate the current positions of Police Records Supervisor and Police Administrative
Secretary; and
WHEREAS, creating one full-time Police Administrative Coordinator which combines the higher
skill level job duties of Police Records Supervisor and Police Administrative Secretary and
merging of these positions will equate to a reduction of $89,183.00/year in salary and benefits
(FY16); and
WHEREAS, to accommodate changes in staff operations, the Police Department is looking to
replace the current positions of Police Records Clerk and Senior Police Records Clerk with
Police Records Technician at pay grade 6; and
WHEREAS, it is estimated that the difference in pay when all Police Records Technicians are
topped out on the current pay scale will be an increase of $7,975.00/year (FY16); and
WHEREAS, the total estimated reduction of the above position changes is $81,208.00; and
WHEREAS, it is in the public's interest to adopt these amendments.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The budgeted positions in the Police Department be amended by:
1. Deleting one full-time Records Supervisor, Administrative grade 24.
2. Deleting one full-time Administrative Secretary, Confidential grade 24.
3. Deleting two full-time Police Records Clerks, AFSCME grade 4.
4. Deleting two full-time Senior Police Records Clerks, AFSCME grade 6.
5. Adding one full-time Police Administrative Coordinator, Confidential grade 24.
6. Adding four full-time Police Records Technicians, AFSCME grade 6.
The Administrative and Confidential pay plan be amended by:
1. Deleting the position Records Supervisor, grade 24.
2. Deleting the position Administrative Secretary, Confidential grade 24.
3. Adding the position Police Administrative Coordinator, grade 24.
The AFSCME pay plan be amended by:
1. Deleting the position of Police Records Clerk, grade 4.
2. Deleting the position of Senior Police Records Clerk, grade 6.
3. Adding the position of Police Records Technician, grade 6.
Passed and approved this 23rd day of February , 20 15 .
MAYOR
Approved b
ATTEST: «. yI/
CITY OLERK City Attorney's Office
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
3d(8)
r4, CITY OF IOWA CITY
MEMORANDUM
Date: February 19, 2015
To: Tom Markus, City Manager
From: Chief Sam Hargadine
Re: Positions in Police Department
Police Administrative Secretary Linda White and Records Supervisor Jo Farnsworth are retiring
on March 27, 2015. To accommodate changes in staff operations, the Police Department is
seeking approval of the following:
1. Elimination of one full-time Police Records Supervisor position.
2. Elimination of one full-time Police Administrative Secretary position.
3. Creating one full-time Police Administrative Coordinator position.
a. This position combines the higher skill level job duties of Police Records
Supervisor and Police Administrative Secretary. Merger of these positions will
equate to a reduction of $89,183.00/year in salary and benefits (FY16).
4. Elimination of two full-time Police Records Clerks positions.
5. Elimination of two full-time Senior Police Records Clerks positions.
6. Creating four full-time Police Record Technician positions.
a. Currently the Records Division is comprised of 2 Records Clerks, 2 Sr. Records
Clerks, and 1 Records Supervisor. Since the job classification process that
occurred in 2007, Records Clerks' job duties have expanded to where they are
currently required to complete the same essential job duties as Sr. Records
Clerks. In the future absence of a Records Supervisor, the Records Clerks will be
required to assume even more of a share of the those duties that will need to
be distributed amongst the remaining Records personnel. To accommodate and
manage this we are proposing that Records Clerks are moved up in job
classification equivalent to Senior Records Clerk and that this job title be
changed to Police Records Technician. It is estimated that the difference in pay
when all Police Records Technicians are topped out on the current pay scale will
be an increase of $7,975.00/year (FY16). Supervisor duties of the records
department will be allocated to the Sergeant assigned to
Planning/Research/Public Information.
The total estimated reduction of the above position changes is $81,208.00
Prepared by: Alec Bramel City Manager Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010
RESOLUTION NO, 15-43
A RESOLUTION ESTABLISHING A COMMUNICATION PROTOCOL FOR ECONOMIC
DEVELOPMENT ACTIVITY IN THE THREE JURISDICTIONS OF IOWA CITY,
CORALVILLE, AND NORTH LIBERTY
WHEREAS, Iowa City is committed to encouraging economic development within its own
jurisdiction and throughout the region; and,
WHEREAS, Iowa City seeks to highlight the region's strengths and focus on maintaining an
attractive environment for business growth and expansion; and,
WHEREAS, it is in the best interest of Iowa City and neighboring jurisdictions to collaborate in
order to mitigate actions that may hurt economic development in a neighboring municipality; and,
WHEREAS, actively recruiting businesses from a neighboring jurisdiction hurts economic growth
in the region as a whole; and,
WHEREAS, inevitably, for various reasons, businesses may seek to migrate from one jurisdiction
to another; and,
WHEREAS, in the event a business does wish to relocate from one participating jurisdiction to
another, engaging in transparent communications promotes long term regional growth; and,
WHEREAS, the Board of Directors of the Iowa City Area Development Group have unanimously
endorsed the Corridor communication protocol.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT:
1. The attached Agreement Establishing a Communication Protocol for Economic
Development Activity in the Three Jurisdictions of Iowa City, Coralville, and North Liberty
is approved;
2. The Mayor is authorized and directed to sign the attached agreement;
3. The agreement shall be forwarded to the Cities of Coralville and North Liberty for
approval.
Passed and approved this 23rd day of
ATTEST: )AR,4, ircJ .
CITY CLERK
February -,20 15
ppr�ived by
City Attorney's Office �—
Resolution No. 15-43
Page 2
It was moved by trims and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
An Agreement Establishing a Communication Protocol for Economic
Development Activity in the Three Jurisdictions of Iowa City, Coralville, and
North Liberty
Purpose
The cities of Iowa City, Coralville, and North Liberty (hereinafter "communities" or "participating
communities") join in the prospect of encouraging economic development within their own jurisdictions
and throughout the region. Working together, these communities seek to highlight the region's
strengths and focus on maintaining an attractive environment for business growth and expansion. The
communities seek to expand business opportunities within their own boundaries, but do not wish to do
so at the expense of those participating in this Communication Plan Agreement. Inevitably, for various
reasons, businesses may seek to migrate from one jurisdiction to another. in such cases, this agreement
outlines a process that seeks to enhance communication and promote equity between the communities.
With the exception of a business on its own initiating with another community a discussion about
relocating, the communities agree that actively pursuing businesses to migrate from one participating
community to another shall be prohibited and practices of performing such actions restricted. The
purpose of this agreement is to:
1. Establish and facilitate interaction between communities to promote economic
development in the region;
2. Express commitment from communities that they will not actively pursue the relocation of a
business that has not independently indicated an interest in moving from one participating
community to another and further not propose or offer incentives to a business in support
of its relocation until the actions set forth in the Economic Development Communication
Plan have been fully satisfied;
3. Establish a process that balances the interests of the business' home community and other
participating communities; and
4. Establish a point of contact within each jurisdiction for communication about economic
development matters.
Definitions
For the purposes of this agreement, "relocation" means the closure or substantial reduction of an
enterprise's existing operations in one participating community and the initiation of substantially the
same operation in another participating community. This agreement does not prohibit an enterprise
from expanding its operations in another participating community provided that existing operations of a
similar nature are not closed or substantially reduced.
For the purposes of this agreement, "expansion" and "consolidation" shall be defined in a manner
consistent with state law.
1
Economic Development Principles
In the interest of promoting economic well-being and growth of our cities, we, the undersigned, agree to
the following principles:
Business Attraction and Retention. The regional economy will grow stronger and be more attractive for
business growth if communities work together on economic development, rather than against one
another. The communities in this agreement seek to grow the regional economy knowing that regional
growth will translate into jurisdictional growth. The communities in this agreement are committed to
attracting new businesses, retaining or expanding existing businesses, and promoting their cities as good
places for business. While business migration will occur, the communities are dedicated to refraining
from actively encouraging business migration from one city to another.
Active Pursuit. The communities agree that when a business has not taken the initiative to express an
interest in moving from one city to another, the communities will not actively pursue that business to
encourage it to relocate. "Actively pursue" means to initiate contact with the business directly, with the
intent of luring the business through cold calls, visits, mail solicitations, marketing, or through a third
party. This does not preclude the communities from marketing themselves as a good place to do
business, generally promoting the benefits of starting, expanding, or locating a business in their city, or
responding to questions and requests for information posed by a business.
If a community provides Incentives for a speculative building or infrastructure, the community agrees to
discourage developers, realtors and others involved with the project from recruiting businesses from the
other participating communities. Moreover, in these cases, each participating community shall develop
an agreement which each community would use with developers, realtors, and others involved with the
project In their respective communities that specifically disallows this type of recruitment. The
communities agree that businesses located in an incubator (designated space for business incubation) or
other similar facilities supported in whole or in part by the Iowa City Area Development Group or the
University of Iowa are not subject to the rules of this agreement when it relates to the relocation of a
business from one of the above described facilities in one participating community to another
participating community.
Economic Development Communication Plan
In the event a business residing in a different community ("the home community") contacts another
community ("the contacted community") to discuss possible relocation or in the event a business
desires to consolidate its operations (already established in two or more of the participating
communities) to the contacted community, whether that contact be directly or through a
representative, the following communication plan will be implemented:
1. The contacted community or its third party representative will advise the business that it
wants to assist the business so that it is successful.
2. The contacted community or its third party representative will ask the business whether it
has advised the home community that it is considering relocation, and if not, whether it
objects to the contacted community advising the home community of the inquiry.
3. if the home community has not been advised and the business does not object, the
contacted community or its third party representative will promptly notify the point of
contact from the home community in writing of the inquiry.
4. If the home community has not been advised and the business does object, the contacted
community or its third party representative will inform the company of the general terms of
this agreement and applicable state law, and that no further discussions regarding
relocation will take place until the home community is notified.
5. The communities or their third party representatives will not propose or offer incentives to
the business in support of its relocation until the home community has approved in writing
that incentives can be used.
6. In the event that participating communities learn of a business considering relocation or
consolidating operations from a participating community to a non -participating community,
it will be the responsibility of those participating communities to inform each other of such.
Priority of this Agreement
The provisions of this agreement cannot be superseded by agreements for confidentiality or other
contracts between a local government or nonprofit economic development organizations and a
business. Local business will be made aware of this agreement immediately upon contacting a local
government about relocating within the participating communities.
Addition of Participants
The communities strongly encourage other communities within the region to join this agreement. Upon
request, the communities will consider the addition of other participating communities.
Point of Contact
For the purposes of this agreement, the points of contacts for the participating communities are as
follows:
1. Iowa City: City Manager,
2. Coralviile: City Administrator.
3. North Liberty: City Administrator.
Term
The agreement shall be effective when the agreement is signed by all communities and shall remain in
effect until terminated in accordance with subparagraph 1 of the General Provisions below.
Non -Substitution
This agreement shall not constitute a "written agreement concerning the general use of economic
incentives to attract commercial or industrial development" for purposes of Iowa Code Section
403.19(9)(a)(1).
General Provisions
1. Termination: Any community can end its participation in this agreement by providing at
least 180 days notice to the other communities. Such termination shall be effective as of
the date stated on such a notice. In the event only one participating community remains,
the agreement shall no longer be in effect.
2. Amendment or Modification: This agreement may be amended or modified by the
participating communities, provided that any such modification or amendment shall only be
effective upon written agreement of all participating communities.
3. Capacity to Execute: The undersigned hereby certifies that all actions necessary to execute
this agreement were taken, and the person executing this agreement is authorized to do so
and has the power to bind the jurisdiction to the terms and conditions herein.
4. No Third -party Beneficiaries. This agreement is not intended to benefit any person or
entity not a party to this agreement and shall not be construed to do so.
5. No Agency Relationship. Nothing herein creates an agency relationship between the
participants and nothing herein authorizes one participant to act as an agent of another
participant or participants.
CITY OF IOWA CITY
Dated this 23rd day of February 20 15
BY: /\
MAYOR rT
ATTEST:
ClTftLERK
CITY OF CORALVILLE
Dated this day of
By:
MAYOR
ATTEST:
CITY CLERK
CITY OF NORTH LIBERTY
Dated this day of.
By:
MAYOR
ATTEST:
CITY CLERK
20
C_ar41,W'l
AfJ
20_
CITY OF IOWA CITY 3d9�
�- MEMORANDUM
Date: February 19, 2015
To: Tom Markus, City Manager
From: Alec Brame[, City Manager Intern
Re: Establishing a Communication Protocol for Economic Development Activity in the
Iowa City Area
The attached agreement establishes a procedure to facilitate positive interaction between the
communities in the Iowa City area in promoting economic development. It is important that
municipalities work collaboratively and transparently in economic development activities and do
not pursue projects that hurt overall growth in the region.
The agreement includes a communication plan for cities to follow in the event that a business
expresses interest in relocating from one community to another. Communities in the agreement
or their third party representatives will not actively pursue the relocation of a business from one
city to another without the approval of the city in which the business currently operates.
The Iowa City Area Development Group Board of Directors Iowa City voted unanimously to
support the communication protocol, noting that, "For our area to be successful, we believe the
various communities all need to be working together to compete for the best jobs and
investment."
While Iowa City seeks to build regional strength as well as its own, it is understood that
businesses and entrepreneurial ventures seek locations based on a variety of factors. The
agreement does not preclude business expansion or migration, but sets forth a process to
enhance communication and promote equity between our communities in these situations.
Staff recommends approving the resolution authorizing and directing the Mayor to sign the
attached agreement.
Iowa C'rt;y Area
Development Group
Extraordinary opportunit',nc
in unexpected places.
To: The Honorable Mayors Hayek, Lundell and Nielsen and the City Councils of
Iowa City, Coralville and North Liberty
Re: Support for Establishing an Inter -Jurisdictional Communication Protocol
for Economic Development
Dear Mayors and City Councilors,
On behalf of the board of directors of the Iowa City Area Development Group,
we express our support for the adoption of the Communication Protocol for
Economic Development among our respective communities. We understand
that a draft of the document has been developed by our respective city
administrators which outlines a process by which a clear standard for
engagement and communication will be agreed to regarding economic
development projects.
For our area to be successful, we believe the various communities all need to
be working together to compete for the best jobs and investment. Competition
among our communities can become a detriment to this goal and create
situations where our communities are pitted against each other.
This agreement does not limit a community from assisting a company during a
location search, but spells out a transparent process which helps the host
community leadership better understand and react when a company may wish
to move. Signing this agreement will enhance the trust and cooperation
between our communities and pave the way for more collaborative approaches
to problem solving and planning. Working together is the best way to benefit
the residents of all communities and our area as a whole.
We urge you to support this vital step towards a strong local economy and
approve the signing of this agreement. It is our hope that your leadership will
encourage the other communities and counties in Iowa's Creative Corridor to
follow in your footsteps and sign on to this agreement as well.
If we can provide any additional information or clarification of our position
publicly, please let us know how we might best serve your needs.
Sincerely,
Tom Goedken, Board Chair
Mark Nolte, President
316 E Court Street, Iowa City, IA 52240 319.354.3939
Prepared by: Alec Bramel City Manager Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010
RESOLUTION NO.
A RESOLUTION ESTABLISHING A COMMUNICATION PROTOCOL FOR ECONOMIC
DEVELOPMENT ACTIVITY IN THE THREE JURICTIONS OF IOWA CITY,
CORALVILLE, AND NORTH LIBERTY
WHEREAS, Iowa, City is committed to encouraging econ-pilic development within its own
jurisdiction and throughout the region; and, ,
WHEREAS, Iowa City `seeks to highlight theregion's rengths and focus on maintaining an
attractive environment for b9siness growth and expansiC h; and,
WHEREAS, it is in the best i rest of Iowa City d neighboring jurisdictions to collaborate in
order to mitigate actions that ma hurt economic d elopment in a neighboring municipality; and,
WHEREAS, actively recruiting
in the region as a whole; and,
WHEREAS, inevitably, for various reasons,
to another; and, /
neighboring jurisdiction hurts economic growth
WHEREAS, in the event a business d es wish to
another, engaging in transparent com nications p
may seek to migrate from one jurisdiction
WHEREAS, the Board of Directorssbf the Iowa City Area
endorsed the Corridor communica on protocol.
from one participating jurisdiction to
long term regional growth; and,
Group have unanimously
NOW, THEREFORE, BE IT RE-%OLVED BY THE CITY COUNCIL\.OF IOWA CITY, IOWA THAT:
1. The attached Agre ment Establishing a Communication, Protocol for Economic
Development Activi in the Three Jurisdictions of Iowa City, Coralville, and North Liberty
is approved;
2. The Mayor is aut rized and directed to sign the attached agreemen ,
3. The agreement shall be forwarded to the Cities of Coralville and orth Liberty for
approval.
Passed and appro ed this day of '20
ATTEST:
CITY CLERK
MAYOR
ved b
-11-/fir
City Attorney's Office
02-23-15
CITY OF IOWA CITY
EMD3d(10)
� RAN D U M
Date: February 19, 2015
To: Tom Markus, City Manager
From: Geoff Fruin, Assistant City Manager
Re: Washington Street and North Pedestrian Mall Design Services
The City Council formally adopted the Iowa City Downtown and Pedestrian Mall Master
Plan in March 2014. One month later, the City Council approved a design services
contract with Genus Landscape Architects (Des Moines, IA). This design contract
focused on advancing master plan concepts on Washington, Dubuque and the
Pedestrian Mall to a schematic design stage. In order to prepare a project for 2016
construction, a construction documentation design services contract with Genus is
needed. Due to poor underground utility conditions, staff is recommending that the
reconstruction of Washington Street, from Clinton to Linn, take top priority. Staff also
feels it prudent to consider the inclusion of the north end of the Pedestrian Mall in this
design contract as the adjacency of the projects may allow for construction efficiencies.
Washington Street
The large 2013 water main break on Washington Street underscored the need for improved
utilities in this corridor. Additionally, the sidewalks on Washington are among the oldest in the
district and in great need of reconstruction. The proposed contract includes targeted interactions
with property and business owners along this corridor, as well with the general public. The
services provided include the preparation of construction documents and bid services. The total
not to exceed design fee for this segment of the project is $286,438.
North Pedestrian Mall
Staff feels that there are compelling construction related reasons to include the North
Pedestrian Mall in this final design services agreement. However, the agreement is drafted in a
manner that does not tie these two projects together should construction need to be delayed on
this component for budgetary or design reasons. The North Pedestrian Mall area includes the
public space from the alley that runs south of Park@201 and Jefferson Hotel buildings to
Washington Street, including Black Hawk Mini Park. The total not to exceed design fee for this
portion of the contract is $162,296.
This portion of the Pedestrian Mall is intended to feature a signature public art piece that was
identified through the master plan process. The Public Art Advisory Commission recently
undertook a request for qualifications (RFQ) process to select an artist to collaborate with
Genus. This process included a general call to artists, the selection of three finalists, and
community presentations. In the end, the committee unanimously endorsed the internationally
renowned Dr. Cecil Balmond (London) for this role. The proposed contract with Genus includes
a $25,000 artist design fee, which will allow Dr. Balmond to develop a concept. It is expected
that this art piece will be significant both in size and budget. It is further anticipated that the
project will need to have an accompanying fundraising campaign in order for it to be realized.
The unknowns of the design development and fundraising for this piece may push this project to
a 2017 construction year. However, if these elements come together in 2015 the project would
be able to be considered in 2016. The contract that is being proposed will take the design all
the way through to the construction document stage.
February 19, 2015
Page 2
Recommendation
Staff recommends proceeding with the proposed design services contract. The contract amount
of $501,234 includes $286,438 for Washington Street, $162,296 for the North Pedestrian Mall,
and up to $52,500 in reimbursable and mock-up fabrication expenses. The contract will further
the implementation of the master plan and allow the city to move forward with critical
infrastructure repairs and upgrades in the downtown district. 2014 and 2015 Capital
Improvement Plan funds are available to cover this expense.
Prepared by Eric R. Goers, Assistant City Attorney, 410 E. Washington, Iowa City, IA 52240, (319) 356-5030
RESOLUTION NO. 15-44
RESOLUTION RATIFYING SETTLEMENT OF IMMINENT LITIGATION.
WHEREAS, James Tandy has filed two workers' compensation petitions with the Iowa Workers'
Compensation Commissioner against the City of Iowa City involving alleged work injuries and
claiming permanent disability; and
WHEREAS, all parties in this matter have arrived at a proposed mediated settlement, subject to
Council approval, and wish to resolve these claims without further administrative action and/or
litigation; and
WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Mr.
Tandy in an amount not to exceed $115,000.00, in full satisfaction of any and all claims which the
claimant and/or parties may have against the City in the above matters, and in consideration of
the claimant's full release, closure and dismissal of all claims, save future medical expenses.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. All workers' compensation claims against the City of Iowa City as filed by James Tandy
should be and are hereby approved for settlement, per the terms of the proposed
mediated settlement agreements, and said settlement, as previously discussed in
executive session on February 23, 2015, is hereby ratified for a total sum not to exceed
$115,000.00, not including future related medical expenses, per the contingencies and
terms outlined in the proposed Settlement Agreements, payable to James Tandy and his
attorney of record, in full satisfaction of any and all claims.
2. City Council for the City of Iowa City hereby approves said settlements as being in the
best interest of the City of Iowa City and the parties involved, ratifies said settlements as
provided by law, and confirms that said settlements are hereby ratified, per the
contingencies and terms outlined in mediation and contingent upon execution of all
appropriate releases, dismissals and file closures from all workers' compensation claims
with prejudice.
Passed and approved this 23rd day of February , 2015.
MAYOR
Approved by
ATTEST:
CITY CLERK City Attorney's Office
Resolution No. 15-44
]Page 3
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
15-45
RESOLUTION SETTING A PUBLIC HEARING ON MARCH 9, 2015 TO
DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR
JULY 1, 2015, THROUGH JUNE 30, 2016, THE PROPOSED THREE-YEAR
FINANCIAL PLAN FOR FY2015-2017, AND ALSO THE MULTI-YEAR CAPITAL
IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2019.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that a public
hearing on said proposal should be and is hereby set for March 9, 2015, at 7:00 p.m. in Emma J.
Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said
meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City
Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to
be published as provided by law, to permit any taxpayer to be heard for or against the proposed
FY2016 Operating Budget and the Proposed FY2015-FY2017 Financial Plan and also the multi-
year Capital Improvements Program through Fiscal Year 2019.
Passed and approved this 23rd day of February 120 15 .
MAYOR
ATTEST: c
CITftLERK
roved by M
. a- i3-/ s
City Attorney's Office
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
finadm\budget\pubhrgFY16. doc
I
.1-= r CITY OF IOWA CITY
MEMORANDUM
Date: February 17, 2015
To: Tom Markus, City Manager
From: Dennis Bockenstedt, Director of Finance
Re: FY2016 Proposed Budget Revisions & Public Hearing
Introduction:
A public hearing will be held March 9, 2015 in consideration of formally adopting the FY2016
Proposed Budget, FY2015-2017 three-year financial plan, and FY2015-2019 five-year capital
improvements program. The budget must be certified by the Johnson County Auditor's office by
March 15, 2015. The attached Notice of Public Hearing and budget summary were made
available to the public on February 17, 2015, as required by state law, to allow for public input.
History/Background:
The proposed budget document was made available to City Council and the general public on
December 19, 2014. Budget sessions were-, then held in January, 2015, during which
department directors presented their proposals and responded to questions from City Council.
The following is a summary of changes from the proposed budget as printed in December 2014.
In brief, the revisions below were to update property taxes and state funded "backfill" of property
tax rollback amounts based on certified property valuations from the Johnson County Auditor's
Office. In addition, there is a correction to increase the internal chargeback of the equipment
division in the wastewater collection system that was overlooked in the budget process.
Financial Impact:
The proposed levy rate for FY2016 is $16.655 per $1,000 of taxable valuation; this is unchanged
from the proposed levy rate presented in December. The FY2016 levy rate represents a (0.30%)
decrease from Iowa City's FY2015 total levy of $16.705 per $1,000 of taxable valuation. Over the
past four years, the City's levy rate has decreased 6.65%.
General Fund Revisions
General Fund changes include: update property taxes and state funded "backfill" of property tax
rollback amounts based on certified property valuations from the Johnson County Auditor's
Office with an increase of $7,630 and $3,000 respectively and increase the funding transfer for
the operation and maintenance of the transit system for the update property taxes and state
funded "backfill" of property tax rollback amount for $1,037.
General Fund
Revenue
Expenditures
Net Effect on
Fund Balance
Revised: Property Tax Estimate
$7,630
$7,630
Revised: State Rollback Backfill
$3,000
$3,000
Revised: Transfers -Out -- Transit Fund
$1,037
($1,037)
Total
I $10,630
$1,037
$9,593
February 17, 2015
Page 2
Special Revenue Fund Revisions
Special Revenue fund changes include: update property taxes and state funded "backfill" of
property tax rollback amounts based on certified property valuations from the Johnson County
Auditor's Office with a decrease of $7,545 and $1,165 respectively and decreasing amount
remitted to ICDD for the updated property taxes and state funded "backfill" of property tax
rollback amounts from the Downtown SSMID of $11,917.
Special Revenue Revenue
Expenditures Net Effect on
Fund Balance
Expenditures
Revised: Property Tax Estimate ($7,545)
($7,545)
$1,037
Revised: State Rollback Backfill ($1,165)
($1,165)
Increase in Equipment Chargebacks
Decrease in remit of SSMID '
($11,917) $11,917
Total
($8,710)
($11,917) $3,207
Enterprise Fund Revisions
Enterprise Fund changes include: increase the funding transfer for the operation and
maintenance of the transit system for the update property taxes and state funded "backfill" of
property tax rollback amount for $1,037 and increasing amount of internal chargeback of the
Equipment Division in the wastewater collection system that was overlooked in the budget
process for $126,999.
Enterprise Fund
Revenue
Expenditures
Net Effect on
Fund Balance
Revised: Transfers -In — General Fund
$1,037
($1,587)
$1,037
Increase in Equipment Chargebacks
$126,999
($126,999)
Total
$1,037
$126,999
($125,962)
Debt Service Fund Revisions
Debt Service Fund changes include: update property taxes and state funded "backfill" of
property tax rollback amounts based on certified property valuations from the Johnson County
Auditor's Office with a decrease of $1,587 and $28 respectively.
Debt Service Fund
Revenue
Expenditures
Net Effect on
Fund Balance
Revised: Property Tax Estimate
($1,587)
($1,587)
Revised: State Rollback Backfill
($28)
($28)
Total
($1,615)
$0
($1,615)
All Funds
Net changes across all funds as compared to the FY16 budget proposed in December, 2014
show an increase in revenues and transfers in of $1,342 and an increase in expenditures and
transfer out of $116,119, The overall net effect is a decrease in fund balance of $114,777.
February 17, 2015
Page 3
All Funds
Revenue
Expenditures
Net Effect on
Fund Balance
General Fund
$10,630
$1,037
$9,593
Special Revenue
($8,710)
($11,917)
$3,207
Enterprise
$1,037
$126,999
($125,962)
Debt Service
($1,615)
$0
($1,615)
Total
$1,342
$116,119
($114,777)
Staff recommendation is to adopt the two resolutions regarding 1) the FY2016 Budget and 2)
the FY2015-2017 Financial Plan and the FY2015 — 2019 Capital Improvement Plan following
the public hearing on March 9, 2015.
Form 631.1 OapaAmsm of Managemml
NOTICE OF PUBLIC HEARING
BUDGET ESTIMATE
FISCAL YEAR BEGINNING JULY 1, 2015 - ENDING JUNE 30, 2016
City of IOWA City Iowa
The City Council will conduct a public hearing on the proposed Budget at 410 E Washington St, City Hall
on 3/9/2015 at 7:00 pm
(Date) xx/xx/xx (hour)
The Budget Estimate Summary of proposed receipts and expenditures is shown below.
Copies of the the detailed proposed Budget may be obtained or viewed at the offices of the Mayor,
City Clerk, and at the Library.
The estimated Total tax levy rate per $1000 valuation on regular property .......... $
The estimated tax levy rate per $1000 valuation on Agricultural land is .. ......... $
16.65519
3.00375
At the public hearing, any resident or taxpayer may present objections to, or arguments in favor of, any part
of the proposed budget.
(319) 356-5041
phone number
Marian K. Karr
City clerwFinance Ofrcees NAME
Budget FY
Re -estimated FY
Actual FY
2016
2015
2014
(a)
(b)
(c)
Other Financing Sources
s80
Revenues ue
., . .52,033,986
.50,046,476
Taxes Levied on Pro
1
51,608,730
Less: Uncollected Property Taxes -Levy Year
21
0
52,033,986
0
51,608,730
0
50,046,476
Net Current Property Taxes
3
Delinquent Property Taxes
41
0
1,020,126
0
652,624
5,101
434,671
TIF Revenues
5
Other City Taxes
6
2,786,289
2,594,500
3,309,480
Licenses & Permits
7
1,515, 312
1,680;852
1,667,327
Use of Money and Property
8
1,935,478
2,402,663
2,018,085
Intergovernmental
9
30,466,252
45,017,425
43,295,775
Charges for Fees & Service
10
43,444,413
42,422,236
42,514,744
Special Assessments
11
979
2,845,586
0
3,619,456
0
6,273,347
Miscellaneous
12
Other Financing Sources
13
13,876,218
13,733,819
22,816,814
Transfers in
14
52,631,247
45,748,712
43,016,079
Total Revenues and Other Sources
15
202,555,886
209,381,017
215,397,899
Ex enditu es & Other Financing Uses
Public Safety
22,668,141
23,013,243
21,555,265
Public Works
171
7,815,170
7,424,280
6,349112
Health and Social Services
18
283,833
303,841
264,333
Culture and Recreation
19
13, 332,011
13, 531,479
12,664,856
Community and Economic Development
20
6,486,418
13,970,140
10,978,652
General Government
21
8,834,822
8,149,602
7,039,143
Debt Service
22
13, 207,838
17 315,399
13,160,156
Capital Protects
23
36,301,340
41,516,396
17,103,180
Total Government Activities Expenditures
24
108,929,573
125,224,380
89;114,697
Business Type/ Enterprises
25
49,057,825
71,807,946
65,443,454
otal ALL Expenditures
26
157,987,398
197,032,326
154,558,151
Transfers Out
27
52,631,247
45 748,712
43,016,079
Total ALL Expenditures/Transfers Out
281
210,618,645
242,781,038
197,574,230
Excess Revenues Other Sources Over
(Under) Expenditures/Transfers Out
29
-8,062,759
-33,400,021
17,823,669
Beginning Fund Balance Jul 1
30
136,906,796
170,306,817
152,483,148
Ending Fund Balance June 30
31
128,844,037
1 136,906,796
170,306,817
Ar -l- F.- 635.1
Adoption of Budget and Certification of City Taxes
FISCAL YEAR BEGINNING JULY 1, 2015 - ENDING JUNE 30, 2016
The City of: Iowa City - - County Name:
JOHNSON
D.p.n-14.f MO -0 -ins -
0
RMAO
Date Budget Adopted: 39/2015
aeatp-,
At a rair,ofirill at ft Cary Courroll,held sitar the public hearing as recitill(rdbY law, as 'PrIcifilidabove. the proposed budget was adopted as summarized and allachodhaelo, and Is% IWI", as hemlled
below, were alipfoved for oil taxable property of this City. There Is attached a Long Twin Debt schedule Form 703 for Owdabi servicer needs. Iferif.
Total General Fund Regular Levies (5 thru 24) 25
3U,24% Z31cl b
41:11 (WW,000
(319) 356-5041
7�7
4 771:*i: ea
3.00375
Total General Fund Tax Levies (25+26) 27
30.254,116 6::
29,604,437 Do Net Add
Special Revenue Levies
..........
Co" Auditor Date Stamp
January 1, 2014 Property Valuations
384's AV Net Police & Fire Retirement 29 ....... ......
. .... ..... .
_ . .........
Amt Nee FICA & IPERS (if general fund at levy limit) 303
. ...
With Gas & Electric
WithouE Gas& Elechic
Last Official CON11rus
Regular
2A
3,146,968,141 2b
3,10fl,172,721
67,862
9,798,1400
9,652,480
DEBTSERVICE
3.
3,180,186,477 3to
3,133,401,051
386 As Req With Gas Elect Without Gas 8 Eleo
Ag Land
4o
1,586,496
2.00000
3 Jet 34 264,683,;:'', -as
SSMID 1 132 341... 17.
...... . '§
SSMID 2 JAI (a) 35
67
as
...........
TAXES LEVIED
SSMID 3 JAI 36
69
SSMID4 JAI let 37
$55
(A)
;�Ii� 565
(C)
Coda
Dollar
0.
560
.......:......-•----._....
Requestwith
Property Taxes
80C
Limit
Purpose......
Utility ReplacementLevied
Total Special Revenue Levies 30 9.917,163
Rate
..........
..................
3041
8.10000
...................... ...........
Regular General levy
........
....... ........ ...................
...
25.490.361
25,111,399
43 8.10000
(384)
..........
.....................
Nort-Voted •Other Permissible Levies
62.033.986!jjijj. 72
16.65519
COUNTY AUDITOR - I certify the budget is in compliance with ALL the following;
12(8)
0.67500
Contract for use of Bridge
6
%
-
44 0-
0.95000
12(10)
0.96000
Opr & Maint publicly owned Transit
745
. .........
0
112(111)
Amt Nee
Rent, Ins. Maint of Civic Center
8ii
..... ii''i
- -------- - ------
40
'6
12(12)
0.13500
Opt & Maint of City owned Civic Center
9
.
47
12(13)
0.06760
Planning a Sanitary Disposal Project
to
48 ..0
.........
0
12(14)
027000
Aviation Authority (under sec.330A.1 5)
49
12(1$1
0.06750
Levee Impr. fund In special charter city
13
'-�_ M
61
52 0.29226
i2i[17�
Anil No.
Liability. property & self insurance costs
14
... . ......
c
0
12(21)
Anil Not
Support of a Local Emerg.Mgmt.Comm .
42
445
(384)
Voted Other Permissible Levies
12(4)
0,13500
Instrumental/Vocal Music Groups
63
i128x)0 )
0.01000
Memorial Building
16
54
12(3)
0.13600
Symphony Orchestra
170::::!:
1111
as
0----
12(4)
0.27000
Cultural & Scientific Facilities
-- .... .....
12(5)
Ali Vol0d
County Bridge
19
......
0
57
68
128)
1,35000
Missi or Missouri River Bridge Const,
20
......... .......... -
iiili�
0
12(0)
0.03375
Aid to a Transit Company
21
... ...
.... 0
59
12(14)
0.20510
Maintain Institution received by gifVdevise
22
60
12(18)
1.00000
city Emergency Medical District
463
. . . ....... -------
ass
12(zo)
0.27000
Support Public Library
23
at 0.27000
0
28r;22
1.5DOGO
Unified Law Enforcement
24
.1
Total General Fund Regular Levies (5 thru 24) 25
3U,24% Z31cl b
41:11 (WW,000
360 3,00316 Ag Land 2a
7�7
4 771:*i: ea
3.00375
Total General Fund Tax Levies (25+26) 27
30.254,116 6::
29,604,437 Do Net Add
Special Revenue Levies
..........
384.0 027000 Emergency (if general fund at levy limit) 28
64 0
384's AV Net Police & Fire Retirement 29 ....... ......
. .... ..... .
_ . .........
Amt Nee FICA & IPERS (if general fund at levy limit) 303
. ...
006,392 ,;;;;;;;;;;,;0.96975
R.I.. A.1 Not Other Employee Benefits 31
Total Employee Benefit Levies (29,30,31) 32
9,798,140
3.11353
Sub Total Special Revenue Levies (28+32) 33
9,798,1400
9,652,480
Valuation
386 As Req With Gas Elect Without Gas 8 Eleo
2.00000
3 Jet 34 264,683,;:'', -as
SSMID 1 132 341... 17.
...... . '§
SSMID 2 JAI (a) 35
67
as
...........
.. ..... .... 0
SSMID 3 JAI 36
69
SSMID4 JAI let 37
$55
. . ........
;�Ii� 565
SSMID 5 0) cal
SSMID 6 461 to 556
0.
560
.......:......-•----._....
. .....
.0
0
SSMID7 (A) fin••
Total ........
36
1.111.
00 Not Add
Total Special Revenue Levies 30 9.917,163
-1
384.4 Anit Nee Debt Service Levy 76.10(6) 40
12,496,232 40
12.312,386 : 70
3.92940
384,7 047500 Capital Projects (Capital Improv. Reserve) 41
41
0 71
0
Total Property Taxes (27+39+40+41) 42_
52,813,221 42
62.033.986!jjijj. 72
16.65519
COUNTY AUDITOR - I certify the budget is in compliance with ALL the following;
ALL the below are not statutorily compliant & must be returned to the city for correction.
Budgets that DO NOT meet criteria
-
1) The prescribed Notice of public mewing Budget Eaftnate (rorm 031,1) was (mwUy pirblhb4 eir posted if applicable. and notarized. Mad proof was evidenced.
2) Budget hoorIng notices; were published or posted not less tharl 10 days, nor more than 20 days. prior to the budget hearing.
a) Adopted pfopeny taxes do not scowl published or posted wristrunis.
41 Adopted topandlurn do not exceed publehird or posted wneenis in each of the fine program mans, or in total,
5) The budget file uploaded to the SUBMIT Areli matched the paper copy cortillod W the city to this office.
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� � 1
2t CITY OF IOWA CITY 3e(2)
CITY IOWAI` �` CITY MEMORANDUM
UNESCO CITY Of LITERATURE
To: Planning & Zoning Commission
From: Jann Ream, Code Enforcement Assistant
Date: January 29, 2015
Re: Discuss a proposed amendment to City Code Section 14-5B `Sign Regulations'
regarding placement, size, and conditions related to portable signs
Background on Portable Sign Issues
Currently, portable signs (typically "sandwich" board type signs) are only allowed on private
property and only in CB (Central Business district/downtown) zones. This has created chronic
enforcement issues and the perception of unfairness for those businesses that do not have an
exterior entrance alcove (private property) or do not have a ground floor storefront.
Portable signs are also allowed in sidewalk cafe areas or attached to the fencing of these areas.
The change in sidewalk cafe policy that allows the cafes to be physically separated from the
store front has created new issues. Because the business owner still has to lease the right of
way between the fenced cafe area and the building wall (in order for the leasehold interest to be
"connected" to the business), it is considered part of the sidewalk cafe which technically allows
the sign on the sidewalk between the building wall and the fenced area. Other business owners
see this and question why these businesses are allowed signage on the sidewalk. This
contributes to the perception of unfairness and selective enforcement. Depending on the
distance between the building wall and the delineated sidewalk cafe area, a sign placed in this
area can constrict the pedestrian walkway. Signs are allowed 6sf per side (can be double sided)
and can be up to 6ft in height.
The placement of portable signs has been problematic and has required significant staff time
trying to gain and keep compliance downtown. In general, most communities allow portable
signs in right of way with regulation; and both business owners and consumers find visible
signage of this type conducive to business.
Summary of proposed placement, height and size standards:
a. Continue to allow portable signs on private property.
b. Allow on City right of way within 30 inches of the front fagade wall or the front property
line.
C. Allow for businesses not on the ground floor to have or share a sign.
d. Require that signs for businesses with sidewalk cafes separated from the building keep
a minimum unobstructed walkway of 8ft.
e. Because the placement standard is being relaxed, reduce maximum height to 4ft but still
allow 6sf of area per side.
January 30, 2015
Page 2
Conditions
Currently, only one non -illuminated sign is allowed per storefront on private property and cannot
block the entrance/exit to any doorway. It must be weighted at the base to provide stability and
moved inside when business is not open. It may be double faced. A sign permit is required.
Proposed conditions (in addition to proposed placement, height and size standards)
a. Do not require permit.
b. When placed on City sidewalk or in City Plaza per proposed standards, a minimum 8ft
clear path must be maintained between the sign and any streetscape amenities, planters
or other obstructions.
C. Sign must be constructed of durable materials and weighted to provide stability in all
weather conditions. External weights separate from the sign itself, such as sandbags are
not permitted.
e. Only one sign per storefront is permitted except as allowed in 'T'.
f. If a storefront contains a separate business not located on the ground floor, one
additional portable sign may be allowed. If there is more than one business not on the
ground floor, those businesses may share a portable sign.
g. Portable signs cannot be directly illuminated.
These amendments have been discussed with the legislative committee and Nancy Bird,
Director of the Downtown District, on two occasions. At the first meeting, Ms. Bird and the
members were amenable with the amendments. At the latest meeting (1/13/15), they advocated
for more comprehensive design regulations per the December, 2014 retail strategy report
prepared for the Downtown District by the consultants, Downtown Works. They expect all
signage (not just portable signs) to be a part of that discussion. However, any new regulations
coming from these discussions is many months away and waiting for these portable sign
amendments will continue the issues that staff would like to address. Even though the portable
sign regulations may get tweaked again when the downtown design standards are addressed,
going forward with these proposed changes now would help address the current issues.
Attached is the final proposed table along with a table showing the changes and current
language.
Staff Recommendation
Staff recommends approval of amending Portable Sign requirements in City Code Section 14-
5B 'Sign Regulations;' Table 513-4 `Sign Specifications and Provisions in the CB -2, CB -5 and
CB -10 Zones' as shown in Table 1, attached.
Approved by:
John Yapp, Devel6pment Services Coordinator
Department of Neighborhood and Development Services
Attachments
January 30, 2015
Page 3
Table 1: Staff recommendation for amending Portable Sign requirements
Table 513-4 from Citv Code Section 14-56
No permit required.
Up to one non -illuminated portable sign is allowed per
storefront. A maximum of one additional sign is allowed
for businesses not located on the ground floor, which
may be for one or more of those businesses.
The sign must be placed 1) on private property or 2)
within or on the fenced delineated area of a sidewalk
cafe or 3) on City right of way within 30 inches of the
front fagade wall and/or front property line of the building
containing the business
6 sq. ft. per sign face.
The sign may not block access to any doorway,
Portable sign
May be double-faced for a
4ft
When placed on City right of way, a clear 8ft path
between the sign and any streetscape amenities,
total area of 12 sq ft.
planters, delineated sidewalk cafe areas or obstructions
must be maintained.
The sign must be moved inside the business when the
business is closed.
The sign must be constructed of durable materials and
weighted to provide stability in all weather conditions.
External weights separate from the sign itself, such as
sandbags, are not permitted.
A maximum of 2 sign faces are allowed per sign. Sign
faces can be separated if placed on fence for sidewalk
cafe.
Time &
25 sq. ft. per sign face.
Signs must not project more than 6 ft. into the public
Temperature signs
May be double-faced for a
—
right-of-way
total area of 50 sq. ft.
Maximum diameter: 9 inches
Barber Poles
Maximum length: 3 ft
3 sq. ft. per sign face
Directional signs
May be double-faced for
—
total area of 6 sq. ft.
Identification &
2 sq. ft.
Up to one of these signs is allowed per building.
Integral signs
No permit is required.
One private flag may be displayed in conjunction with
Flags
—
public flags.
No permit is required.
Quick Vehicle
Allowed for Quick Vehicle Servicing Uses.
Servicing Signs
—
No permit is required.
January 30, 2015
Page 4
Table 2: Comparison of existing to proposed Portable Sign requirements
Table 56-4 from City Code Section 14-56
No permit required.
Up to one nonalluminated portable sign is allowed per
storefront.
leGated-on Felax6
the greund-Aeer- Aesses-RaNesated
ee- the -ground-AeeFA maximum of -Gone additional sign
is-aem4tted allowed for businesses not located on the
ground floor, which may be for one or more of those
businesses aAy One Of these bY6iA966e6 OF Gan be
shared b these bus e, but FPYGt be placed
adqaGeRt .
The sign must is perm tied to be placed 1) on private
property ih, thin 294 At the mp n eRtrARGO or 2) within or
on the fenced delineated area of a sidewalk cafe or 3)
on City right of way within 30 inches of the front fagade
wall and/or front property line of the building containing
6 sq. ft. per sign face.
64
the business
Portable sign
May be double-faced for a
a designated s dewalk safearea-The sign may not
total area of 12 sq ft.
block access to any doorway.
When placed on City right of way, a clear 8ft path
between the sign and any streetscape amenities,
planters, delineated sidewalk cafe areas or obstructions
must be maintained.
The sign must be moved inside the business when the
business is closed.
The SigA FRAt 198 We @hied at the base t9 PFOY do
The sign must be constructed of durable materials and
weighted to provide stability in all weather conditions.
External weights separate from the sign itself, such as
sandbags, are not permitted.
A maximum of 2 sign faces are allowed per sign. Sign
faces can be separated if placed on fence for sidewalk
cafe.
Time &
25 sq. ft. per sign face.
Signs must not project more than 6 ft. into the public
Temperature signs
May be double-faced for a
right-of-way
total area of 50 sq. ft.
Maximum diameter: 9 inches
Barber Poles
—
—
Maximum length: 3 ft
3 sq. ft. per sign face
Directional signs
May be double-faced for
—
—
total area of 6 sq. ft.
Identification &
2 sq ft
Up to one of these signs is allowed per building.
Integral signs
No permit is required.
One private flag may be displayed in conjunction with
Flags
—
—
public flags.
No permit is required.
Quick Vehicle
Allowed for Quick Vehicle Servicing Uses.
Servicing Signs
I No permit is required.
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5230
Resolution No. 15-46
RESOLUTION OF INTENT TO CONSIDER THE PROPOSED EXECUTION
OF A QUIT CLAIM DEED FOR OUTLOT B, BOYD'S FASHIONABLE
ACRES, IOWA CITY, IOWA, AND SETTING A PUBLIC HEARING ON SAID
PROPOSED CONVEYANCE FOR MARCH 9, 2015.
WHEREAS, outlot B, Boyd's Fashionable Acres, was intended to be conveyed
to the adjacent property owner when the plat of said subdivision was approved and
recorded;
WHEREAS, Casey Boyd, L.L.C. in advertently deeded said outlot to the City;
and
WHEREAS, because Outlot B has no public purpose, and because the City
has never taken possession of said Outlot, it is in the interest of the public to
convey any interest the City has in said Outlot back to the developer without
compensation.
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 consider the conveyance of
its interest in Outlot B, Boyd's Fashionable Acres, Iowa City, Iowa, via a quit
claim deed, to Casey Boyd, L.L.C. for $0 in consideration.
2. A public hearing on said proposal should be and is hereby set for March 9,
2015, at 7 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St.,
Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City
Council thereafter as posted by the City Clerk. The City Clerk is hereby
directed to cause Notice of Public Hearing to be published as provided by law.
Passed and approved this 23rd day of February , 2015.
4999::�:S�
MAYOR
ATTEST: ate/
CITYbLERK
Approved by
Z ,
ity Attorney's Office
3e(4)
Resolution No. 15-46
]Page 2
It was moved by Mims and seconded by
Resolution be adopted, and upon roll call there were:
Dickens the
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
Prepared by: Michael Moran, Parks and Recreation, 220 S. Gilbert St., Iowa City, IA 52240, (319)356-5104
RESOLUTION NO. 15-47
RESOLUTION SETTING A PUBLIC HEARING ON MARCH 9, 2015 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE NORMANDY DRIVE RESTORATION
PROJECT—PHASE IIIB, DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
WHEREAS, this project will finish the trail connection between Rocky Shore Drive and
Normandy Drive for use by the neighborhood and the public; and
WHEREAS, funds for this project are available in the CIP account #4178.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 9th day of March,
2015, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 23rd day of February _,20 15
4.z
W A�
•-
ATTEST: %e - rxv�
CITY CLERK
pweng\masters\setph.doc
1111
Approved by
City Attorney's Office
Resolution No. 15-47
]Page 2
It was moved by Mims and seconded by
Resolution be adopted, and upon roll call there were:
Dickens the
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
02-23-15
r
3e(5)
, .-0* CITY OF IOWA CITY
MEMORANDUM
Date: February 17, 2015
To: Tom Markus, City Manager
From: Michael Moran, Director of Parks and Recreation
Re: Normandy Drive Restoration Project
Introduction: This project will finish the trail connection between Rocky Shore Drive and
Normandy Drive for use by the neighborhood and the public.
History/Background: There have been three previous projects to restore the Normandy Drive
area after the 2008 flood, including the Ashton House remodeling project. This will be the last
project completing the restoration of this area as an extension of Lower City Park.
Discussion of Solution: FEMA mandates the amount and type of work that can be done in this
area. No structures can be built and concentration will be on installing a permeable trail for the
last connection of the trail system in the Normandy Drive area.
Recommendation: Approve the public hearing and begin the process of connecting this trail
system.
Fiscal Impact: The additional costs for this area will be on-going maintenance expense for the
cities Park and Recreation Department. This project is budgeted as a CIP project #4178. A REAP
grant budgeted for the Iowa River Corridor Trail project #4160 has been transferred to this
project for $200,000.
Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5410
RESOLUTION NO. 15-48
RESOLUTION SETTING A PUBLIC HEARING ON MARCH 9, 2015 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE SLOTHOWER ROAD WATER MAIN PROJECT,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
WHEREAS, funds for this project are available in the Slothower Road — Melrose Water
Main account #W3215.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 9th day of March,
2015, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 23rd day of February 120 15
Ae%frA
MAYOR
Approved by
d
ATTEST: ' mow' i✓ >
CITY CLERK City Attorney's Office,2 g' �S-
II
Resolution No. 15-48
]Page 2
It was moved by Mims and seconded by
Resolution be adopted, and upon roll call there were:
Dickens the
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
CITY OF IOWA CITY 3e(6)
t Z__ ®l�� M E M O RA N D u M
DATE: February 18, 2015
TO: Tom Markus, City Manager
FROM: Jason Havel, City EngineerSi4
RE: Slothower Road Water Main Project — February 23, March 9 and April 7
Introduction:
The Slothower Road Water Main Project will install new 16 -inch water main along the east side
of Slothower Road, from Tempe Place to Melrose Avenue.
History/Background:
This project will include the installation of a new 16" DIP water main, which will tie into existing
12" water mains located near Tempe Place and along Melrose Avenue. These improvements
will provide a looped system in the area, as the existing water main in these locations terminate
as dead ends.
Discussion of Solutions:
Design of the proposed water main considered the current water system in the area, as well as
anticipated future demands. Currently, the City owns property along Slothower Road that could
be used for a future ground storage reservoir. A decision was made to install a 16" main as part
of the project to allow for future expansion of the water system in the area.
Financial Impact:
The estimated construction cost for this project is $619,000 and will be funded with Water
revenues.
Recommendation:
Staff recommends proceeding with the following schedule for this project:
February 23 — Set public hearing
March 9 — Hold public hearing
April 7 — Award project to contractor
April 2015 thru October 2015 — Construction
Prepared by: Ben Clark, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356- 5436
RESOLUTION NO
15-49
RESOLUTION SETTING A PUBLIC HEARING ON MARCH 9, 2015 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
NORTH PLANT SALVAGE AND DEMOLITION PHASE OF THE IOWA CITY
WASTEWATER TREATMENT PLANT RELOCATION PROJECT, DIRECTING CITY
CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY
ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
WHEREAS, the proposed project is part of a multiphase flood mitigation plan that will permanently remove
structures and public facilities from the path of repetitive flooding; and
WHERAS, The State of Iowa Flood Mitigation Board has approved the use of up to $8.5M of sales tax
increment revenues under Iowa Code chapter 418 for these projects; and
WHEREAS, funds for this project are available in the North Wastewater Plant Demolition account #V3142.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
That a public hearing on the plans, specifications, form of contract, and estimate of cost for the
construction of the above-mentioned project is to be held on the 91h day of March, 2015, at 7:00 p.m.
in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted by the City Clerk.
That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the
above-named project in a newspaper published at least once weekly and having a general
circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing.
That the copy of the plans, specifications, form of contract, and estimate of cost for the construction
of the above-named project is hereby ordered placed on file by the City Engineer in the office of the
City Clerk for public inspection.
Passed and approved this 23rd day of February 120 15 .
ATTEST:
CITY LERK
MAYOR
Approved by
Ci y Attorney's Office
o� 7 r7
Resolution No.
Page 2
15-49
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
02-23-15
CITY OF IOWA CITY 3e(7)
T MEMORANDUM
Date: January 23, 2015
To: Tom Markus, City Manager
From: Ron Knoche, Director of Public Works
Re: North Plant Salvage and Demolition Phase
Iowa City Wastewater Treatment Plant Relocation Project,
Plans, Specifications, Form of Contract and Estimate of Cost
Introduction
Plans, Specifications, Form of Contract and Estimate of Cost for the North Plant Salvage and
Demolition Phase of the Iowa City Wastewater Treatment Plant Relocation Project are
complete. A public hearing and Council approval are necessary to allow the project to move
forward.
History/Background
After the 2008 flood rendered most of the North Wastewater Treatment Plant inoperable, a
multiphase flood mitigation plan was put in place to permanently remove the facility from the
path of repetitive flooding. Operations have been moved from the North Plant and consolidated
at the South Plant. Demolition of the now decommissioned North Plant is the next phase of the
plan.
Discussion of Solutions
The Iowa Flood Mitigation Program (IFMP) is designed to allow cities to capture 70% of future
state sales tax growth to fund flood mitigation projects. An agreement with IFMP Board has
allowed Iowa City to capture up to $8.5 million dollars in future state sales tax growth to pay for
the demolition of the North Wastewater Treatment Plant. The agreement requirements include:
the removal of all structures from the site; constructing 5 acres of wetland; and streambank
stabilization.
Financial Impact
Iowa City will need to bond to pay for the project. The bonds, including finance charges will be
retired using future state sales tax growth. The Engineers Estimate for the North Plant Salvage
and Demolition Phase is $5.5M.
Recommendation
Staff recommends approving the Plans, Specifications, Form of Contract, and Estimate of Cost.
Cc: Ben Clark, Senior Civil Engineer
Jason Havel, City Engineer
Dave Elias, Wastewater Superintendent
Jeff Davidson, Economic Development Administrator
r CITY OF IOWA CITY
�
N iri P Ma
MEMORANDUM
Date: February 18, 2015
To: Tom Markus, City Manager
From: Geoff Fruin, Assistant City Manager
Re: Supplemental Information on the North Wastewater Treatment Plant Control House
On February 23, 2015 the City Council will be asked to set a public hearing on plans,
specifications, form of contract, and estimate of cost for the demolition of all structures on the
former site of the North Wastewater Treatment Plant. In recent weeks, some community
members have expressed an interest in preserving the Control House as a future park amenity.
This memo outlines several of the factors that staff has considered, which ultimately inform our
recommendation to remove this building with all other structures on this property.
Control House History
The Control House was constructed in 1935 as a joint project between the City and the
University of Iowa. Construction funding was also received through the federal Public Works
Administration (PWA), an initiative from the New Deal program. The building measures
approximately 70'6" x 27'6" and is two stories in height with a full basement. A one-story garage
was added to the east side in 1970. It has a Neo -Classical design with a reinforced concrete
structural system, masonry walls and a steel frame roof. The design is reminiscent of many
similar projects from the era and was designed by Currie Engineering, a company that worked
on several wastewater facilities throughout the State of Iowa.
As part of the preparations for this project staff reviewed the demolition plans with the Iowa
State Historic Preservation Office (SHPO). This review concluded with their affirmation of the
City's opinion that the Control House does not appear eligible for listing on the National Register
of Historical Places. That said, staff recognizes the appealing architecture of the structure, the
national significance of the PWA program, and the role that the facility played in the growth of
Iowa City from 1935 to the present day.
2008 Flood Experience
The North Wastewater Treatment Plant property was inundated by the 2008 flood. Included with
this memo are two photographs showing the flood waters throughout the larger property and a
close-up of the southwest corner of the Control House where a sandbag levee was constructed
to protect the building. In this photo you will see pumping equipment that was utilized to remove
flood waters from the basement. Several repairs to the building were required to restore full
operations.
In the photo showing the larger perspective of the property, you can notice the sandbag levee
only extended across the north, east and west sides of the Control House. The south side was
not protected with sandbags because the treatment tanks at the rear of the building were
elevated just above flood waters. When the treatment tanks are removed, the resulting grade
will leave the building isolated and more susceptible to flooding.
After the 2008 floods the City decided to consolidate wastewater operations at its south plant
and decommission the operations at the north plant. At the same time, several structures were
removed in the immediate area including the City's Animal Shelter and the 1937 Iowa National
Guard Armory building. These decisions moved the City closer to realizing its plan to create a
February 18, 2015
Page 2
flood resilient riverfront park. After completion of the approximately $55 million dollar south plant
expansion project, the City officially decommissioned the north plant in 2014.
Iowa Flood Mitigation Program
The Iowa Flood Mitigation Program was signed into law in 2012. The program provides funding
for communities to pursue projects that will mitigate future flooding. The program is facilitated
through a competitive application process that is reviewed by the State Flood Mitigation Board.
At the time the program was created, Iowa City had no funds budgeted for the removal of
structures on the north plant site. It was anticipated that the facilities located at the North
Wastewater Treatment Plant would sit vacant on that site for the foreseeable future.
The City put together a funding application and ultimately was successful in securing $8.5
million in future state sales tax dollars from the Flood Mitigation Board. These funds will partially
offset the costs of demolition, wetland establishment, and targeted river and creek bed
stabilization. The City has already started to incur costs toward this grant amount including
consultant fees, mercury removal and asbestos abatement.
During this process, the City Council formally authorized the application to the State Flood
Mitigation Board, the acceptance of the grant award, and approved a consultant contract for the
development of the demolition plans and specifications. The City cannot preserve the Control
House under the grant agreement with the State Flood Mitigation Board. However, the City can
seek an amendment to the agreement. At this time, staff has no reason to believe that the State
Flood Mitigation Board would not support such an amendment. However, we feel it would be
highly unlikely that they would provide any additional funds for the preservation of the Control
House.
Control House Demolition and Restoration Estimates
Prior to preparing the grant application for the Iowa Flood Mitigation program, the City
contracted with Stanley Consultants to prepare estimates for the North Wastewater Treatment
Plant demolition project. At that time the demolition was estimated at $4,393,000. If the Control
House was to be excluded from the demolition project, the total cost estimate dropped to
$4,331,000, reflecting a savings of $62,000. The relatively small savings illustrates the
complexities of preserving the Control House. The building is connected via piping to the
immediately adjacent tanks and the removal of such tanks would require a more labor intensive
demolition approach.
Specialized demolition on the Control House has already been completed with the removal of
asbestos from the building. If the building was removed from the demolition project, Stanley
Consultants estimated that $554,000 would be required to bring the building to a usable
condition. This expense includes further demolition, new roofing, select window replacement,
HVAC enhancements and miscellaneous repairs. This expense essentially reflects the minimum
investment needed to adequately preserve the building in its current state.
Not reflected in the $554,000 figure are expenses related to transitioning the Control House into
a programmable space for the public. These additional expenses have not been carefully
analyzed as no specific use has been identified. Likely expenses would include new utility
services, flood protection measures, ADA improvements including ramps, upgraded doorways
and an elevator, interior remodeling, restroom expansions, and exterior signage and
landscaping. These expenses would likely be several hundred thousands of dollars. Ongoing
operating expenses have not been estimated at this time.
City Park Experience
In developing a new riverfront park, the City should carefully consider our recent experience at
City Park. City Park has flooded several times since the 2008 flood. In each instance, various
February 18, 2015
Page 3
programming elements and facilities within the park were impacted. Examples include the
closure of the amusement rides, the cancellation of baseball games and tennis matches, and
the cancellation of theatrical performances at the park's signature stage. The staff time involved
with relocating rides, protecting facilities and cleaning up the park are considerable. Sports
organizations are left to find replacement fields and the Riverside Theatre organization
experienced such financial hardships that they have decided not to utilize the outdoor stage in
the coming year.
In response to the seemingly annual flooding events, the City is beginning a new planning
process for City Park and studying options to relocate programmed elements from the park to
more weather -reliable community locations. All of these experiences give staff caution when
considering programmed efforts in a new riverfront park that is being intentionally designed to
take on flood waters. The constant protection and cleanup efforts are not economically
sustainable for the City or any other organization that may ultimately rely on the programmed
space within the park.
Park Planning and Improvement Financing
With the recent City Park experience in mind, the City began initial master planning for the park
that builds upon the ideals expressed in the Riverfront Crossings Master Plan. A draft plan has
been presented to the community and contains numerous aspects that support local foods, arts,
physical activity, as well as natural landscaping and wetland development. Careful consideration
will have to be given to all aspects of the park. For example, the trees that will be planted must
be able to sustain life in submerged conditions and the lighting, pavilion, and play amenities
must all be designed as floodable elements.
While it is important that the community set an initial vision for this park, it is also critical to
remember that the City has not budgeted funds for these park improvements in its five year
capital plan. The flood mitigation grant will likely not cover all of the expenses associated with
the demo, grading, wetland and riverbank obligations that the City has under our agreement
with the State. Prior to pursuing park development, the City will have to identify resources to
restore badly eroded riverbanks, acquire private property contained in the park plan, and
complete the Kirkwood to Capital road project. These are each significant projects on their own
merit and will likely take many years to complete. Therefore, it is likely the future park site will sit
as vacant grassy land for a number of years.
Any structures left after the demolition project will require regular maintenance and upkeep
before they can be effectively incorporated into a park setting. While the City has been
maintaining these buildings for several years, those expenses were covered by the Sewer Fund
and have shifted to the expanded south plant. Any future maintenance efforts will shift to the
General Fund, which will likely face considerable financial pressures in the coming years.
Recommendation
Given all of the considerations outlined in this memo, staff recommends that the City Council
proceed with approval of plans, specifications, form of contract, and estimate of cost for the
demolition of all structures at the former site of the North Wastewater Treatment Plant.
:;#43e C�)
Control House building with sandbag levee protection system during the 2008 flood.
Control House building during the 2008 flood.
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Control House building in context with the 100 -yr. floodplain. Note that
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Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 15-50
RESOLUTION SETTING PUBLIC HEARING FOR MARCH 9, 2015, ON A
PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 711
NORTH GILBERT 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 711 North
Gilbert Street, Iowa City; and
WHEREAS, the City has received an offer to purchase 711 North Gilbert Street for the principal
sum of $218,000 (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:
The City Council does hereby declare its intent to convey a single family home located at
711 North Gilbert Street, Iowa City, Iowa, also known as part of Lot 7, all in Block 53, in
Iowa City, Iowa, for the sum of $218,000, plus the "carrying costs".
2. A public hearing on said proposal should be and is hereby set for March 9, 2015, at 7:00
p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa
City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause
notice of said public hearing to be published as provided by law.
a esoi union No 15--50
—. ............
Page 2
It was moved by..__....._Min,r ._.__.........._.. .._.. and seconded 4�Y...___Die ken _ ....___ the Resolution be
adopted, and upon rolY Call thare� were:
AYES; NAYS°, ABSENT:
-—.._._.. Botchway
Dickens
— —
_..._ ._.... _._._. Dobyns
Hayek
— ... _... —__. Mims_.—. _
M Payne
__.._. ..._._. ....... _._...._ .
---._..... Thr'ogmorton
Passed and approved this _.._...?3rd_ day of __..._._ 1 ebruary 20 15.
MAYORa,
ATTEST
CITYEiFC
Approved by
City Attorney's t7ffNce
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 15-51
RESOLUTION SETTING PUBLIC HEARING FOR MARCH 9, 2015, ON A
PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 429
RONALDS 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 429 Ronalds
Street, Iowa City; and
WHEREAS, the City has received an offer to purchase 429 Ronalds Street for the principal sum
of $223,000 (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
429 Ronalds Street, Iowa City, Iowa, also known as part of Lot 1, Block 51, in Iowa City,
Iowa, for the sum of $223,000, plus the "carrying costs".
2. A public hearing on said proposal should be and is hereby set for March 9, 2015, at 7:00
p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa
City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause
notice of said public hearing to be published as provided by law.
Resolution No. 15-51
Page 2
It was moved by Mims
adopted, and upon roll call there were:
AYES: NAYS:
x _
x _
x
x
x
Passed and approved this 23rd
Approved by
City Attorney's Office
and seconded by Dickens the Resolution be
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
day of February J2015.
ATTEST: X'.
CIT LERK
Paul D. Pate
yPtE of I0
N . W Secretary of State
"AaRr of S y" State of Iowa
r
z FILED
28EW
Agreement LL M507892
0
2/25/2015 4:18:04 PM
PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM
Item 1. The full legal name, organization type and county of each participant to this agreement are:
-tnter -otner it
not in Iowa
Item 2. The type of Public Service included in this agreement is: 370 Other Public Works
(Enter only one Service Code and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Agreement regarding construction of site plan improvements for the south elementary school known as Archibald
Alexander Elementary located at 3571 South Sycamore St and reconstruction of Sycamore St (Res#15-52)
Item 4. The duration of this agreement is: (check one) El Agreement Expires mindefinite Duration
[mm/dd/yyyy]
Item 5. Does this agreement amend or renew an existing agreement? (check one)
m NO
❑ YES Filing # of the agreement:
(Use the filing number of the most recent version filed for this agreement)
The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.aov/28e.
Item 6. Attach two copies of the agreement to this form if not filing online.
Item 7. The primary contact for further information regarding this agreement is: (optional)
LAST Name Tuttle FIRST Name Kellie
Title Administrative Secretary Department Administrative Secretary
Email kellie-tuttle(cDiowa-city.org Phone 319-356-5043
Full Legal Name
Organization Type
*County
Party 1
City of Iowa City
City
Johnson
Party 2
Iowa City Community School District
School District
Johnson
Party 3
Party 4
Party 5
-tnter -otner it
not in Iowa
Item 2. The type of Public Service included in this agreement is: 370 Other Public Works
(Enter only one Service Code and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Agreement regarding construction of site plan improvements for the south elementary school known as Archibald
Alexander Elementary located at 3571 South Sycamore St and reconstruction of Sycamore St (Res#15-52)
Item 4. The duration of this agreement is: (check one) El Agreement Expires mindefinite Duration
[mm/dd/yyyy]
Item 5. Does this agreement amend or renew an existing agreement? (check one)
m NO
❑ YES Filing # of the agreement:
(Use the filing number of the most recent version filed for this agreement)
The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.aov/28e.
Item 6. Attach two copies of the agreement to this form if not filing online.
Item 7. The primary contact for further information regarding this agreement is: (optional)
LAST Name Tuttle FIRST Name Kellie
Title Administrative Secretary Department Administrative Secretary
Email kellie-tuttle(cDiowa-city.org Phone 319-356-5043
CITY OF IOWA CITY 3d(1)
MEMORANDUM
DATE: February 19, 2015
TO: Tom Markus, City Manager
FROM: Jason Havel, City Engineer
RE: Sycamore Street — City Limits to South Gilbert Street, Phase 1
28E Agreement with the Iowa City Community School District for
Improvements to a portion of Sycamore Street
Introduction:
This agenda item includes a 28E Agreement with the Iowa City Community School District for the
Sycamore Street — City Limits to South Gilbert Street, Phase 1 Project.
History / Background:
The ICCSD is currently constructing the Archibald Alexander Elementary School at 3571 Sycamore
Street. In connection with this construction, the ICCSD must complete the improvements identified
on the Major Site Plan for the school approved by the City on July 15, 2014. In addition, to facilitate
vehicular and pedestrian traffic to Alexander Elementary, the City is planning to construct
improvements to Sycamore Street which runs, in part, along the eastern border of the school site.
While the City will be responsible for the construction of the Sycamore Street improvements and the
ICCSD will be responsible for the construction of the Major Site Plan improvements, it is beneficial to
include both improvements in one project for purposes of public bidding and to have one contractor
construct both the improvements to Sycamore Street and the Major Site Plan improvements.
Discussion of Solution:
Plans for the Sycamore Street - City Limits to South Gilbert Street, Phase 1 Project include both the
Sycamore Street improvements and the Major Site Plan improvements. The project has been
divided into Divisions in which the City will be responsible for Division 1 project costs and the ICCSD
will be responsible for Divisions 2A and 2B project costs. In addition, the ICCSD has agreed to pay
33.3% of the actual project costs for 647.18 linear feet of Sycamore Street which abuts the ICCSD
property. The proposed 28E Agreement is necessary between the City and the ICCSD to set forth
the responsibilities of the costs for the project with the City acting as the lead agency for purposes of
construction. This agreement outlines the City's and the ICCSD's respective duties and
responsibilities in connection with the project.
Financial Impact Statement:
The City is funding the roadway improvements with the Sycamore Street Project as included in
Division 1 of the project which is estimated at $2,291,000 and the ICCSD is funding the Major Site
Plan improvements as included in Division 2A and Division 2B of the project estimated at $181,600.
In addition, the ICCSD has agreed to pay 33.3% of the actual project costs for 647.18 linear feet of
Sycamore Street which is estimated at $190,000.
Recommendation:
Staff recommends proceeding with authorization of approving the 28E Agreement between the Iowa
City Community School District and the City of Iowa City for the Sycamore Street Improvements.
cc: Ron Knoche, Public Works Director
Dave Panos, Senior Civil Engineer
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156
RESOLUTION NO. 15-52
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE 28E AGREEMENT BETWEEN THE IOWA CITY COMMUNITY
SCHOOL DISTRICT AND THE CITY OF IOWA CITY REGARDING
CONSTRUCTION OF SITE PLAN IMPROVEMENTS FOR THE SOUTH
ELEMENTARY SCHOOL NOW KNOWN AS ARCHIBALD ALEXANDER
ELEMENTARY SCHOOL LOCATED AT 3571 SOUTH SYCAMORE STREET
AND RECONSTRUCTION OF SYCAMORE STREET
WHEREAS, in connection with the construction of the Archibald Alexander Elementary School
(hereinafter "Alexander Elementary") the ICCSD must complete the improvements identified on
the Major Site Plan for the South Elementary School at 3571 Sycamore Street approved by the
City on July 15, 2014 (hereinafter "Major Site Plan"); and
WHEREAS, to facilitate vehicular and pedestrian traffic to Alexander Elementary the City is
planning to construct improvements to Sycamore Street, which runs, in part, along the eastern
border of said school site; and
WHEREAS, the City will be responsible for the design of the Sycamore Street improvements
and the ICCSD will be responsible for the design of the Major Site Plan Improvements; and
WHEREAS, while the ICCSD will pay for the Major Site Plan Improvements and the City will
pay for the cost of improving Sycamore Street, it is beneficial to include both improvements in
one project for purposes of public bidding and to have one contractor construct both the Major
Site Plan Improvements and the improvements to Sycamore Street; and
WHEREAS, the parties desire to separate the responsibility of costs for the project into Division
1 for City responsible project costs, and Divisions 2A and 2B for ICCSD responsible project
costs;
WHEREAS, the project will be bid to include two separate plan sets that will be part of one
project bid set to be known as the "Sycamore Street - City Limits to South Gilbert Street, Phase
1 Project" (hereinafter "Project") with the City acting as the lead agency for purposes of
construction; and,
WHEREAS, the City needs to acquire right-of-way and temporary construction easements from
the ICCSD in order to complete the Project and the ICCSD needs to acquire right-of-way and
temporary construction easements from the property owner to the North of the school site that
are necessary for the construction of the Project ; and
WHEREAS, the ICCSD and the City wish to enter into an agreement to outline their respective
duties and responsibilities in connection with the Project.
Resolution No. 15-52
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The attached 28E Agreement regarding construction of site plan improvements for the
south elementary school now known as Archibald Alexander Elementary School
located at 3571 South Sycamore Street and reconstruction of Sycamore Street
between the City of Iowa City, Iowa and Iowa City Community School District, Iowa
City, Iowa is hereby approved and the Mayor is hereby authorized to execute and the
City Clerk to attest to the attached 28E Agreement.
2. The City Clerk is directed to file a copy of said agreement with the Secretary of the
State of Iowa, as required by Iowa Code Chapter 28E.
Passed and approved this 23rd day of February —,20 15
Approved by
ATTEST:
CITY CLERK City Attorney's Office
It was moved by Throgmorton and seconded by
adopted, and upon roll call there were:
Dobyns the Resolution be
AYES: NAYS: ABSENT: ABSTAIN:
Botchway X
X Dickens
X Dobyns
X Hayek
X Mims
X Payne
X Throgmorton
28E AGREEMENT
BETWEEN THE IOWA CITY COMMUNITY SCHOOL DISTRICT AND THE CITY OF
IOWA CITY, IOWA REGARDING CONSTRUCTION OF SITE PLAN IMPROVEMENTS
FOR THE SOUTH ELEMENTARY SCHOOL NOW KNOWN AS ARCHIBALD
ALEXANDER ELEMENTARY SCHOOL LOCATED AT 3571 SOUTH SYCAMORE
STREET AND RECONSTRUCTION OF SYCAMORE STREET
THIS AGREEMENT is entered into this 23 day of February , 2015, by and between
the Iowa City Community School District (hereinafter "ICCSD") and the City of Iowa City
(hereinafter "City");
WHEREAS, in connection with the construction of the Archibald Alexander Elementary
School (hereinafter "Alexander Elementary") the ICCSD must complete the improvements
identified on the Major Site Plan for the South Elementary School at 3571 Sycamore Street
approved by the City on July 15, 2014 (hereinafter "Major Site Plan"); and
WHEREAS, to facilitate vehicular and pedestrian traffic to Alexander Elementary the City
is planning to construct improvements to Sycamore Street, which runs, in part, along the
eastern border of said school site; and
WHEREAS, the City will be responsible for the design of the Sycamore Street
improvements and the ICCSD will be responsible for the design of the Major Site Plan
Improvements; and
WHEREAS, while the ICCSD will pay for the Major Site Plan Improvements and the City
will pay for the cost of improving Sycamore Street, it is beneficial to include both improvements
in one project for purposes of public bidding and to have one contractor construct both the Major
Site Plan Improvements and the improvements to Sycamore Street; and
WHEREAS, the parties desire to separate the responsibility of costs for the project into
Division 1 for City responsible project costs, and Divisions 2A and 26 for ICCSD responsible
project costs; and
WHEREAS, the project will be bid to include two separate plan sets that will be part of
one project bid set to be known as the "Sycamore Street — City Limits to South Gilbert Street,
Phase 1 Project" (hereinafter "Project") with the City acting as the lead agency for purposes of
construction; and,
WHEREAS, the City needs to acquire right-of-way and temporary construction
easements from the ICCSD in order to complete the Project and the ICCSD needs to acquire
E
right-of-way and temporary construction easements from the property owner to the North of the
school site that are necessary for the construction of the Project ; and
WHEREAS, the ICCSD and the City wish to enter into an agreement to outline their
respective duties and responsibilities in connection with the Project.
NOW, THEREFORE, for good and valuable consideration the Parties agree to the
following terms, covenants and conditions:
1. PURPOSE. The purpose of this Agreement is to set forth the duties and
responsibilities of each party in connection with the construction of the Project.
2. EFFECTIVE DATE/DURATION. This Agreement will take effect upon execution
by both parties and filing with the Iowa Secretary of State and shall continue in force until final
acceptance of the work by the City and payment by ICCSD of all costs assumed by ICCSD
hereunder.
3. NO SEPARATE ENTITY. No separate legal or administrative entity is created
by this Agreement. The City Manager and the Superintendent shall be responsible for
administering the agreement on behalf of the City and the ICCSD respectively.
4. CONSIDERATION. It is hereby expressly acknowledged by both parties that
construction of and payment for the Project in accordance with the terms and conditions set
forth herein constitutes mutual and sufficient consideration to enter into this Agreement.
5. DESIGN AND CONSTRUCTION OF THE PROJECT.
A. ICCSD agrees to pay total actual project costs for items included in the Project that
are required by the Major Site Plan, which improvements will be included in Division 2A and 2B
of the Project. Based on the Engineers Opinion of Probable Cost from the Responsible Design
Engineer on the project attached hereto as Exhibit "A", the costs of items included in Division 2A
and 2B for the Major Site Plan improvements is estimated to be $225,514.50. Actual project
costs will be determined at the time of acceptance of the project through the Iowa City Council.
The following improvements will be constructed in accordance with the Iowa City Municipal
Design Standards and the Major Site Plan and included in Division 2 of the Project:
1. Daniel Place Construction
a) Includes all items for complete installation including grading, paving,
pavement markings, and surface seeding and sod for Daniel Place Construction
from the extended curb line of Sycamore Street to 480' west.
2. 8' wide Sidewalk and curb ramp installation
a) Includes all related items for grading, paving, and surface stabilization for
complete installation of 8' wide sidewalk along the west side of Sycamore Street
right of way adjoining the ICSSD property. Installation also includes curb ramp
installation at the Daniel Place and Sycamore Street intersection. Installation of
final surface seeding or sod from the west edge of sidewalk into the school site
may be required with this work and included as Division 2A items as necessary.
3
3. Driveway Approach Construction
a) Includes all items for complete installation of driveway aprons. Includes
(1) driveway apron on Daniel Place and (1) driveway apron on Sycamore Street.
4. 8" Water Main Construction
a) Includes all items for complete installation of 8" water main and hydrant
assemblies along the south side of Daniel Place and installation across
Sycamore Street to connect with the existing 16" water main along Sycamore
Street. Installation also includes 6" water main extension from site to connect
with Daniel Place 8" water main. all as shown and detailed with the approved site
plan, and as required by the Iowa City Water Division Standards.
5. Storm Sewer and Subdrain Construction
a) Includes all items for complete installation of storm sewer piping, storm
intakes, and subdrain tile along the completed length of Daniel Place.
B. In addition to sole project cost responsibility for the Major Site Plan Improvements
(Divisions 2A and 213), the ICCSD shall pay a 33.3% cost share of the actual project costs for
the 647.18 linear feet of Sycamore Street that abuts the ICCSD property. The estimated cost of
construction is $1,126.00 per linear foot so the estimated construction cost for that portion of
Sycamore Street abutting the ICCSD property is $242,665.00. Actual project costs will be
determined at the time of final acceptance of the Project through the Iowa City Council.
C. After the City Council's final acceptance of the Project the City shall provide written
notification to the ICCSD of the actual final project costs for Divisions 2A and 2B as set forth at
subparagraph A of this section, and the ICCSD's 33.3% cost share for the 647.18 linear feet of
Sycamore Street that abuts the school site, as set forth at subparagraph B of this section.
Within 30 days of the date of said notification the ICCSD shall make payment to the City for the
actual final project costs shown in the City's written notification.
D. The ICCSD shall be responsible for the design of Daniel Place and adjacent items
within the Daniel Place Right of Way, including but not limited to street and sidewalk paving,
water main, and storm sewer, and said design shall be in accordance with the City Municipal
Design Standards.
E. On or before February 15, 2015, the ICCSD shall convey to City by warranty deed
the property described on the Right of Way Acquisition Plats attached hereto as Exhibits "B" and
"C" at no cost.
F. On or before February 15, 2015, the ICCSD shall grant to City at no cost a temporary
construction easement on the property described on the Temporary Construction Easement
exhibits attached hereto as Exhibits "D" and "E".
G. On or before February 15, 2015 the ICCSD shall acquire, on the City's behalf by
warranty deed, from the property owner to the North of the school site, the right-of-way that is
necessary for Daniel Place, which property is shown on the Right -of -Way acquisition plat
attached as Exhibit "F",
H. On or before February 1, 2015 the ICCSD shall acquire on the City's behalf from the
property owner to the North of the school site, a temporary construction easement on the
4
property described on the Temporary Construction Easement Plat attached hereto as Exhibit
"G" in the form attached hereto as Exhibit "H".
IN WITNESS WHEREOF, the parties have executed this instrument by their lawfully
designated officials as of the date first written above.
CITY OF IOWA CITY
BY:
Matthew J. HlrgLffk
Mayor
ATTEST:24-z-fieevl A•
Marian KaW"
City Clerk
Approved:
City Attorney
Iowa City Community School District
BY:
EXHIBIT "A"
ASSESSOR ID #:1026277003
RIGHT-OF-WAY ACQUISITION PLAT
OWNER OF RECORD: IOWA CITY COMMUNITY SCHOOL DISTRICT
CITY PROJECT #: S3931
SYCAMORE STREET.SE, IMPROVEMENTS CITY
MEC PARCEL #: 02
LIMITS TO SOUTH GILBERT STREET PHASE I
ACQUISITION AREA: 42,044 SQ. FT.
GENERAL LEGEND
389000'24wW
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- — - ROAD CENTER UNE CORNERS FOUND:
- - - - - - ROAD ROW LINE A - SECTION CORNER, TYPE AS NOTED
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THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER KNOWN AS AUDITOR'S PARCEL 2014006 (BOOK 58, PAGE 159)
OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2014006; THENCE ALONG THE EAST LINE OF SAID AUDITOR'S PARCEL
2014006 N01 °01'47pW, 646.48 FEET TO THE NORTH LINE OF SAID AUDITOR'S PARCEL 2014006; THENCE ALONG SAID NORTH UNE
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SAID SOUTH LINE N88°24993E, 66.13 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS 42,044 SQUARE FEET AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. DESCRIBED AREA IS BEING ACQUIRED AS PART OF THE 2014 SYCAMORE STREET
SE IMPROVEMENTS PROJECT.
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE
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TEMPORARY CONSTRUCTION
EASEMENT EXHIBIT
SYCAMORE STREET SE. IMPROVEMENTS CITY
LIMITS TO SOUTH GILBERT STREET PHASE 1
GENERAL LEGEND
EXISTING UNETYPES:
— -- — PROPERTY LINE
— — — -- SECTION UNE
ROAD CENTER UNE
— — — — — ROAD ROW UNE
PROPOSED UNE]YPES 8 HATCH:
ACQUIRED
PARCEL FOR
RIGHT-OF-WAY
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CONSTRUCTION
L . . J EASEMENT
ABBREVIATIONS:
NOW
RIGHT-OF-WAY
BK, PG
BOOK AND PAGE
(R)
-RECORD DISTANCE
YPC
YELLOW PLASTIC CAP
OPC
ORANGE PLASTIC CAP
CORNERS SET:
Q - BOUNDARY CORNER
1/2' REBAR OPC 419828
CORNERS FOUND:
• - SECTION CORNER, TYPE AS NOTED
BOUNDARY CORNER,
5/8' IRON REBAR NO CAP
- BOUNDARY CORNER;
5/8' IRON REBAR,
WHITE PLASTIC CAP 43917
(UNLESS NOTED OTHERWISE)
0 - BOUNDARY CORNER,
5/8' IRON REBAR,
YELLOW PLASTIC CAP 414675
19 - BOUNDARY CORNER;
1/2' IRON REBAR,
ORANGE PLASTIC CAP 417774
0 - BOUNDARY CORNER,
P.K. NAR, NO WASHER
SURVEY NOTES
1. THE EXISTING CENTER LINE OF SYCAMORE STREET SE.,
AS REFERRED TO HEREON, IS DESCRIBED AS:
BEGINNING AT THE CENTER OF SECTION 26 (BOOK
35, PAGE 251) THENCE ON AN ASSUMED BEARING OF
N00°49'47" W, 2,650.66 TO A POINT ON THE NORTH
UNE OF THE NORTHEAST QUARTER OF SECTION 26;
SAID POINT BEING N88°47'24°E, 9.25 FEET FROM THE
NORTH QUARTER CORNER (BOOK 58, PAGE 203).
2. SAID CENTER LINE WAS DETERMINED BY USING MAKADA
SUBDIVISION, SOUTH POINTE ADDITION: PARTS 1-6,
LANGLY SUBDIVISION AND FOUND BOUNDARY
CORNER MONUMENTS.
ASSESSOR ID #: 1026277003
OWNER OF RECORD: IOWA CITY COMMUNITY SCHOOL DISTRICT
CITY PROJECT #: S3931
MEC PARCEL #: 02
TEMPORARY CONSTRUCTION EASEMENT AREA: 16,183 SQ. FT.
YPC #8165
LEGAL DESCRIPTION
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THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M.,
JOHNSON COUNTY, IOWA. DESCRIBED EASEMENT CONTAINS 16,183 SQUARE FEET AND IS SUBJECT TO OTHER EASEMENTS AND
RESTRICTIONS OF RECORD. DESCRIBED EASEMENT IS BEING ACQUIRED AS PART OF THE 2014 SYCAMORE STREET SE IMPROVEMENTS
PROJECT.
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1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE
RANO SVRELATED WORK WAS R` ON
AND THAT AM A DULY LICENSED DBLAND y ME OR
UNDER THE WS OFLTHE STATE OF
FL IOWA.
BRj
SIGNATURE: DATE:
8 DLEY R. GEATER
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2015
PAGES OR SHEETS COVERED BY THIS SEAL: SHEET 1
DATE SURVEYED: 07/08/2014
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EXMIT "H"
Prepared by & Return to: EleanorDillies, City Attorney; 410 E. Washington St.; Iowa City, IA 52240; 319-356-5030
Legal Description:
Grantee(s):
Grantee(s): City of Iowa City
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into by and between and
hereinafter "OWNERS", and the City of Iowa City, Iowa, a municipal
corporation, hereinafter "CITY."
In consideration of their mutual promises herein, OWNERS and CITY agree as follows:
1. OWNERS state and covenant that they are the owners of certain real estate described on
Exhibit "A" attached hereto, by virtue of legal and/or equitable title, that they are lawfully
seized and possessed of said real estate, and that they have good and lawful right to convey
this easement. OWNERS further agree to indemnify CITY against any and all claims by
tenants or others claiming ownership or possessor rights to the property described on
Exhibit "A".
2. OWNERS do hereby grant and convey to CITY a temporary construction easement in, over
and across that portion of OWNERS' property described and depicted on Exhibit "A"
attached hereto (hereafter "Temporary Easement Area") for the purpose -of facilitating
CITY's construction of the Project (public improvement"), which grant to
CITY shall include necessary grading, excavation, piling of dirt, regrading, restoration,
storage of materials and equipment, and ingress and egress of persons and equipment to the
Temporary Easement Area, as needed to complete said public improvement.
3. The term of this Temporary Construction Easement will be for the period of time required
by CITY to complete the construction of the public improvement, but in no event shall the
duration of the Temporary Construction Easement extend beyond the date two (2) years
after commencement of construction in the Temporary Easement Area.
2
4. With respect to the Temporary Construction Easement, OWNERS grant the following
rights:
a. CITY shall have the right to make excavations within the Temporary Easement
Area, and to grade as CITY may find reasonably necessary for the construction.
CITY covenants and agrees to protect such excavations during construction, to
promptly fill said excavations following construction; and to hold OWNERS
harmless from third parry liability during said construction.
b. CITY shall promptly backfill any trench made by it, and repair any damages caused
by CITY within the Temporary Easement Area, but excluding the replacement of
trees, shrubs and brush on the Easement Area. CITY shall indemnify OWNERS
against loss or damage which occurs as a result of CITY's negligent acts or
omissions in the exercise of its easement rights herein. Once the Temporary
Easement Area has been restored substantially to its prior condition and except as
expressly provided in this Temporary Easement Agreement, CITY shall have no
firther responsibility for maintaining the Temporary Easement Area.
C. CITY shall have the right of ingress and egress to and from the Temporary
Easement Area by such route within the Temporary Easement Area as shall
occasion the least practical damage and inconvenience to OWNERS.
d. CITY shall have the right to trim or remove all structures, trees, brush, and any other
landscaping features which may interfere with the exercise of CITY's rights pursuant
to this Temporary Easement Agreement.
5. CITY covenants and agrees that existing driveways, fences, underground drainage tile or
other site features, with the exception of trees, shrubs and brush, which are removed or
disturbed shall, to the extent reasonably possible, be replaced by CITY to conform with
features or items removed during construction. CITY further agrees that all grassed areas
disturbed by the construction shall be seeded within a reasonable time after construction is
complete.
6. CITY covenants and agrees to remove and stockpile existing topsoil from areas to be
excavated, to be used in the event of any repair. Following installation of the public
improvement, all areas within the Temporary Easement Area which are disturbed will be
graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed
areas, thereby restoring said area substantially to its prior condition, with the exception of
the replacement of trees, shrubs and brush.
7. CITY hereby gives notice of OWNERS' five year right to renegotiate construction or
maintenance damages not apparent at the time of the signing of this easement agreement as
required by §6B.52, Code of Iowa (2013).
3
S. provisions hereof shall inure to the benefit of and bind the su
respecave paries hereto, shall be deemed a covenant which runs
title'19 the land, and shall be recorded in the Johnson County j
SIGNED this _, day of 2014.
CITY OF IOW CTTY, IOWA
By:
Matthew J. Hayek, Mayor
By:
Marian K. Kan:, City Clerk
Approved
City Attorney's Office
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this d-7 day of 2014, before me, the gni
t 1c t, ove• e d co and state, personally appeared
own to be the identical persona named in
and foregoing instnumen and admowledged that they executed the same
deed. /7,/ if t A . N"'I i
COLVIN Notary Public in an iyor the
ex
o" I
ors and assigns of the
the land and with the
kes Office, at CITY
d, a Notary Public in qpd
and k1
who executed the within
is their voluntary act and
3
S. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto, shall be deemed a covenant which runs with the land and with the
title to the land, and shall be recorded in the Johnson County Recorder's Office, at CITY
expense.
SIGNED this day of , 2014.
CITY OF IOWA CITY, IOWA OWNERS
0
Matthew J. Hayek, Mayor
By:
Marian K. Karr, City Clerk
Approved by
City Attorney's Office
OWNERS' ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 2014, before me, the undersigned, a Notary Public in and
for the above-named county and state, personally appeared and ,
husband and wife, to me known to be the identical persons named in and who executed the within
and foregoing instrument, and acknowledged that they executed the same as their voluntary act and
deed.
Notary Public in and for the State of Iowa
4
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of . 2014, before me, the undersigned, a Notary Public in and
for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me
peasonally known, who being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said municipal corporation; that said instn meat was signed and
sealed on behalf of said municipal corporation by authority of City Council of said municipal
corporation; and that the said Matthew J. Hayek and Marian X Karr acknowledged the
execution of said inshument to be the voluntary act and deed and said municipal corporation, by it
and by them voluntarily execute&
Notary Public in and for the State of Iowa
Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5149
RESOLUTION NO.
15-53
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND GENUS LANDSCAPE ARCHITECTS,
PC, OF DES MOINES, IOWA TO PROVIDE CONSULTANT SERVICES FOR
THE WASHINGTON STREET AND NORTH PEDESTRIAN MALL PORTIONS OF
THE DOWNTOWN STREETSCAPE PLANNING PROJECT.
WHEREAS, the City previously retained the services of Consultant to prepare a master plan for
Iowa City Downtown and Pedestrian Mall, and also to prepare schematic designs and probable
cost opinions for two blocks of Washington Street, from Clinton Street to Linn Street, one block of
Dubuque Street, from Iowa Avenue to Washington Street, and for the Pedestrian Mall; and
WHEREAS, the City has reviewed the schematic design and probable cost estimates, and
accepted the December 3, 2014 "Downtown Iowa City Schematic Design" for Washington Street,
Dubuque Street and the Pedestrian Mall; and
WHEREAS, based upon the design intent of the approved December 3, 2014 schematic design,
the City now desires to retain the services of Consultant to provide design services including
design development, construction documents, bid phase services, and limited construction
administration services for two blocks of Washington Street, from Clinton Street to Linn Street,
and the North Pedestrian Mall area which includes the public space from the alley that runs
behind the Park@ 201 and Jefferson Hotel buildings to Washington Street, including Black
Hawk Mini Park;
WHEREAS, the City Public Art Advisory Committee has considered the responses it received to a
Request for Qualifications from artists for a public art project to be installed within the North
Pedestrian Mall; and
WHEREAS, the Committee recommended Cecil Balmond, of Balmond Studio, as the preferred
artist, with whom Genus will coordinate for the development of a concept for the work of art; and
WHEREAS, the City desires to construct the improvements in the Spring of 2016 with the option
to bid Washington Street and North Pedestrian Mall separately.
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with
Genus Landscape Architects, PC, to provide said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with Genus
Landscape Architects, PC; and
WHEREAS, funds for this project are available in the CBD Streetscape Project account # P3971.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Consultant Agreement attached hereto is in the public interest, and is approved as to
form and content.
Resolution No. 15-53
Page 2
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant Agreement.
3. The City Manager is authorized to execute amendments to the Consultant Agreement as
they may become necessary.
Passed and approved this 23rd day of February -,20 15
MAYOR
ATTEST: 2&te A41 2e�
CITY CLERK
It was moved by Mims and seconded by
adopted, and upon roll call there were:
AYES:
M
NAYS:
Ap oved by
ity Attorney's Office
Dickens the Resolution be
ABSENT: ABSTAIN:
Botchway _
Dickens
Dobyns
Hayek _
Mims _
Payne
Throgmorton x
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 23rdday of February, 2015, by and between the
City of Iowa City, a municipal corporation, hereinafter referred to as the City and Genus
Landscape Architects, PC, of Des Moines, Iowa, hereinafter referred to as the Consultant.
WHEREAS, the City previously retained the services of Consultant to prepare a master plan for
Iowa City Downtown and Pedestrian Mall, and also to prepare schematic designs and probable
cost opinions for two blocks of Washington Street, from Clinton Street to Linn Street, one block of
Dubuque Street, from Iowa Avenue to Washington Street, and for the Pedestrian Mall; and
WHEREAS, the City has reviewed the schematic design and probable cost estimates, and
accepted the December 3, 2014 "Downtown Iowa City Schematic Design" for Washington Street,
Dubuque Street and the Pedestrian Mall; and
WHEREAS, based upon the design intent of the approved December 3, 2014 schematic design,
the City now desires to retain the services of Consultant to provide design services including
design development, construction documents, bid phase services, and limited construction
administration services for two blocks of Washington Street, from Clinton Street to Linn Street,
and the North Pedestrian Mall area which includes the public space from the alley that runs
behind the Park@ 201 and Jefferson Hotel buildings to Washington Street, including Black
Hawk Mini Park;
WHEREAS, the City Public Art Advisory Committee has considered the responses it received to a
Request for Qualifications from artists for a public art project to be installed within the North
Pedestrian Mall; and
WHEREAS, the Committee recommended Cecil Balmond, of Balmond Studio, as the preferred
artist, with whom Genus will coordinate for the development of a concept for the work of art; and
WHEREAS, the City desires to construct the improvements in the Spring of 2016 with the option
to bid Washington Street and North Pedestrian Mall separately.
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.
TASK 1. DESIGN DEVELOPMENT
OVERVIEW: During design development, Consultant will refine the project's schematic design,
including designing details and selecting materials for the project based on direction given by the
City.
-2 -
Task 1.1 Pre -Design Meetings / Information Gathering Workshops
This task will be a series of meetings and workshops with City representatives and property
owners and business owners to develop the design as it relates to planting areas, circulation, site
furnishings, and parking. A field investigation of existing vaults will be performed with the structural
engineer and civil engineer. The Consultant will meet with representatives from the Fire
Department and City representatives to refine intersection design.
The Consultant team will conduct the information gathering workshops over the course of two
days. There are three parts to the information gathering:
1. Consultants will meet with property owners and business owners (+30 business owners) in
small groups organized by block face to discuss schematic design plan and access.
2. The structural engineer and civil engineer will perform a field investigation of the existing
vaults.
3. Consultant team will meet with City representatives on fire truck access, traffic lights,
intersection design and circulation.
Deliverable: Meeting notes and field reports.
Task 1.2 Kick-off Meeting
Meet with representatives of the City to review information gathered during Task 1.1, establish
communication paths, review and confirm schedule, confirm strategy, objectives, review existing
information, and confirm deliverables. Two separate meetings are anticipated for this Task, one
for the Washington Street component, and another for the North Pedestrian Mall component.
Deliverable: Meeting minutes.
Task 1.3 Development of Design
The development of the design shall include but is not limited to enhanced pedestrian crossing
and intersection design, sidewalks and roadway, curbs, species and size of street trees and
plantings, benches, bicycle racks, wayfinding elements, trash receptacles, utility upgrades, and
street and pedestrian lighting. The design shall meet the requirements of the appropriate urban
design criteria and all criteria for accessible public right-of-ways. The Consultant team shall
provide design and engineering services per the following.
1.3.1 Wayfinding Design Services
Washington Street
Provide wayfinding kiosk drawings and plans including elevations, sections and details, and
fabrication schedules. Three wayfinding kiosks are currently proposed along Washington Street.
The Consultant shall work with local fabricators to coordinate up to two full mock-ups of the kiosk
for City viewing.
Mock-up travel: 1 visit is budgeted for Consultant to review mock-ups and material pairings in
fabrication workshop. Additional visits will be coordinated with site meetings or presentations
where possible.
North Pedestrian Mall
No wayfinding elements proposed at this time for the North Pedestrian Mall, and therefore
development thereof is not included in this Scope of Services.
-3-
1.3.2 Wayfinding Kiosk Mock Up
Costs associated with this task shall be treated as a reimbursable expense to cover contractor
costs (labor and materials) associated with fabrication of sample elements and/or full scale
mockup for Consultant and City review. The actual items to be mocked -up and approximate costs
are to be approved by City prior to the Consultant authorizing work.
1.3.3 Lighting Design Services
Develop the lighting design considering use of light, enhancement of the streetscape, highlights
and accents, and practical criteria such as light levels, fixture and lamp types, visual comfort,
energy efficiency, and maintenance. Provide lighting layout drawings, photometric calculations,
fixture schedules, and catalog fixture sheets.
Washington Street
Roadway and pedestrian scale lighting and illumination of wayfinding kiosks. Presenting options,
making recommendations and specifying electrical needs for holiday lighting shall be included.
Actual purchasing and installation of holiday lighting shall be the responsibility of the City and
coordinated outside of this project.
North Pedestrian Mall
Pedestrian scale lighting, tree accent lighting, up -lighting at story walls, and lighting at public
artwork. Presenting options, making recommendations and specifying electrical needs for holiday
lighting shall be included. Actual purchasing and installation of holiday lighting shall be the
responsibility of the City and coordinated outside of this project.
1.3.4 Story Wall Design Services
Genus shall design and detail the story wall in Black Hawk Mini Park. A local artist and/or author
will be selected in coordination with the City to collaborate with Genus on development of the story
line and message on the story wall in Black Hawk Mini Park and the other three (3 story walls)
across the Pedestrian Mall. This process will provide a comprehensive approach to the story
walls that will carry -forward to future design and engineering phases of the Pedestrian Mall.
1.3.5 Electrical Engineering Services
Design of electrical systems including electrical power distribution including power needs for
performances, festivals, power at planters, and wayfinding kiosks, electrical lighting circuiting and
foundations.
Washington Street
Design of electrical to receptacles, lighting and wayfinding kiosk as needed along streetscape.
Electrical supply for holiday lighting to be included.
North Pedestrian Mall
Design of electrical systems, as well as power to public art piece. Electrical supply for holiday
lighting to be included.
1.3.6 Civil Engineering Services
Washington Street
Civil scope shall include infrastructure and streetscape improvements, coordination with structural
engineer on the investigation of vaults and associated repairs and upgrades as needed. Plan and
profile sheets for storm sewer, water main and service connections. Design of roadway plan and
profile and pavement design; in coordination with the City. Utility upgrades including storm sewer,
I�
water main and service connections, gas, electrical, fiber, traffic control and electrical. The
Consultant shall contact all utilities that have facilities on, above, or below the street right-of-way to
determine the impacts of the project on their facilities. Coordinate all utility adjustments, relocation,
and installations to minimize conflicts with the streetscape construction and schedule.
North Pedestrian Mall
Investigation of vaults and associated repairs and upgrades as needed. Contact MidAmerican
utility company and coordinate with them any upgrade of their gas and electric facilities in the
North Pedestrian Mall study area. Contact applicable City of Iowa City Divisions and coordinate
with them the placement and upgrade of their Fiber, Traffic and Electrical facilities in the North
Pedestrian Mall. Prepare design documents to illustrate and describe civil engineering design
components of the project consisting of plan and profile sheets for water main and service
connections. Genus will design and establish the grades and materials for all surfaces. MMS will
coordinate the vault repairs and upgrades with Structural Design Professional. MMS will
coordinate the selection of appropriate water main and gasket materials with applicable City of
Iowa City Divisions and the Iowa DNR based on soil sampling results (by geotechnical consultant)
and spatial relationship to identified LUST sites.
1.3.7 Geotechnical Engineering Services
Evaluate the geotechnical conditions along Washington Street and North Pedestrian Mall site and
provide recommendations regarding the design and construction of pavements and retaining wall
foundations, and site preparation and earthwork. Geotechnical engineering reports will include
summaries of laboratory data, groundwater levels observed, encountered soil conditions, site
preparation and earthwork considerations, fill placement recommendations, pavement subgrade
preparation recommendations, soil subgrade parameters for pavement design and wall
foundations, and minimum pavement design sections.
Washington Street
Three soil borings will be drilled along Washington Street to inform recommendations regarding
pavement design.
North Pedestrian Mall
Two soil borings will be drilled to inform recommendations regarding pavement and foundation
design for proposed site walls.
1.3.8 Structural Engineering Services
Washington Street
Structural design and drawings for wayfinding kiosks. Scope shall include analysis of existing
cast -in-place concrete vaults, field repair recommendations as needed, and engineering for light
pole footings.
North Pedestrian Mall
Structural design and drawings for 'story wall' foundation. Review existing limestone planter walls
and provide engineering recommendation to correct out -of -plumb issues. Engineering for light
pole footings is included.
1.3.9 Cost Estimating Services
The Consultant will prepare cost estimates for the project at 70% completion of Design
Development (DD), 100% completion of DD, 50% completion of Construction Documentation
(CD), and 100% completion of CD milestones in the design to aid design direction, scope,
-5 -
material selection and budgets. Adjustments shall be made to the design as directed by the City.
The Consultant shall prepare independent cost estimates for Washington Street and North
Pedestrian Mall.
1.3.10 Construction Staging and Traffic Control Design
The Consultant shall prepare a staging and traffic control plan showing the major phases of work
required to complete the construction of the streetscape. The plan shall include phasing
restrictions and traffic control (signing, barricades, pavement markings, and detours) requirements
for both vehicles and pedestrians. The staging design shall take into consideration access to
adjacent properties and to the extent possible, service and delivery access to properties within
project limits.
Task 1.4 City Committee Meeting, Ongoing Design Review +
Technical Workshops
The Consultant shall meet with the City to review the advancement of the design elements and
project schedule. Up to three meetings are anticipated as well as regularly scheduled online
meetings utilizing 'GoToMeeting' or other.
Meeting #1
Review findings from information gathering and vault exploration. Streetscape design refinement
including utility upgrades, electrical engineering review, layout and materials. North Pedestrian
Mall: second meeting with public artist.
Meeting #2
Design refinement of Washington Street and North Pedestrian Mall. Washington Street planting
areas. Structural engineering update. Third meeting with public artist. Lighting design review and
photometric layouts and electrical engineering. It is anticipated that Consultant's subconsultants
assisting with this Task will be in attendance..
Meeting #3
Design development of Washington Street and the North Pedestrian Mall. The North Pedestrian
Mall planting areas, play component, paving materials, limestone planter walls and lighting, site
furnishings and other.
Deliverables: Meeting minutes
Task 1.5 Stakeholder Meeting #11 Individual Business Consults
Meeting #1
The Consultant will hold a project update meeting with the merchants, property owners, and ICDD
[ Iowa City Downtown District ]. The Consultant will conduct a formal presentation of the project
followed by individual consultations with business owners as necessary. These meetings will take
place on the same day, with additional meetings between Consultant and stakeholders taking
place as time allows on future planned trips to Iowa City.
Meeting #2
The Consultant shall meet individually with stakeholders identified by the City as being affected by
North Pedestrian Mall project.
Deliverable: Presentation and minutes to summarize discussion.
WE
Task 1.6 70% Design Development Submittal and City Review
The Consultant team will submit drawings and cost estimates to the City for formal review at 70%
completion. The City will endeavor to return review comments to the Consultant within a two week
period.
Deliverable: Drawings and cost opinion will be submitted in digital format for review.
Task 1.7 City Online Meeting
'GoToMeeting' or other to review City comments on 70% DD submittal and review cost opinions.
Deliverable: A memo outline of comments and how each is addressed.
Task 1.8 Design Refinement
The Consultant team will update the design and cost estimates based on information received to
date.
Deliverable: Advanced detail and design to be presented in 90% submittal
Task 1.9 90% Design Development Submittal and City Review
The Consultant team will submit drawings to the City for formal review at 90% completion. The
City will endeavor to return review comments to the Consultant team within a two week period.
Deliverable: Drawing set for review and comment.
Task 1.10 City Meeting
Consultant shall meet with City Staff at City Hall to review City comments on 90% DD submittal,
cost opinions, and discuss information to be presented to the Parks and Recreation Commission,
Business Owner Preview and Public Open House.
Deliverable: Draft presentations for each group in digital format.
Task 1.11 Parks Commission Presentation of Black Hawk Mini Park
The Consultant will conduct a presentation to the Iowa City Parks and Recreation Commission
regarding the proposed improvements to the Black Hawk Mini Park in the North Pedestrian Mall
project.
Task 1.12 Business Owner Preview and Public Open House #1
The Consultant will lead a business owner preview and public input meeting at the completion of
90% Design Development.
Task 1.13 Completion of Design Development Plans, Probable Cost Estimate and
Presentation of 100% Design Development to City Council
Consultant shall finalize design development documents based upon comments received in the
meetings held pursuant to Task 1.10-1.12, and provide the final design development documents
to the City. Consultant shall give a presentation to the City Council at a public meeting scheduled
by the City Council, which shall include the final design development plans and 100% DD cost
opinion.
111ra
Task 1.14 Coordination with Public Artist
The Consultant shall contract with Balmond Studio for the design of a work of art to be installed
within the North Pedestrian Mall. This work shall include the generation of a concept to be
presented to and approved by the City. Consultant shall incorporate the proposed public art,
including any utilities necessary therefor, into its plans developed pursuant to Tasks 1 through 4
above. It is anticipated that this coordination will occur remotely, via the telephone and other video
conferencing technology, or in conjunction with Consultant's other trips to Iowa City, and thus no
separate travel expenses have been budgeted for this task. Specialty consultants requested by
the public artist are not included within (i.e., light art, technology, fiber optic) this scope of services.
Should the City desire Consultant to provide such services, this agreement may be amended
accordingly.
TASK 2. CONSTRUCTION DOCUMENTS
OVERVIEW: Upon approval of the design development drawings, the design team will move
forward and produce drawings with greater detail. This Construction Document phase produces a
set of drawings that include information needed for the contractor to bid and construct the project.
Task 2.1 Construction Drawings
Develop the City -approved Design Development Documents into a set of construction drawings
and specifications which will serve as the Contract Documents. Drawing sets for each project will
stand independently.
These documents will include:
i. Cover/Title Sheet
ii. Estimated Quantities
iii. Tabulations
iv. Reference and Construction Notes
v. Removal Plans
vi. SWPP Plan as required
vii. Grading Plans
viii. Utility Plans and Profile Sheets
ix. Electrical Plans
x. Site Layout and Materials Plans
A. Structural drawings
xii. Planting Plan
xiii. Lighting Layout Drawings and Fixture Schedules
xiv. Furnishings Plan
xv. Site Details / Typical Sections
xvi. Project Phasing / Sequencing Plan / Traffic Control
xvii. Specifications
Task 2.2 Ongoing Design Review and Coordination with Technical Committee
Consultant shall attend two technical review meetings at City Hall. Specific agenda items and
dates will be determined at the completion of Design Development.
Deliverable: Meeting minutes
WE
Task 2.3 50% Construction Document Submittal and City Review
Consultant shall submit drawings to the City for formal review at 50% completion. A probable cost
opinion shall be prepared for this submission. The City will endeavor to return review comments to
the Consultant within a two week period.
Deliverable: Drawing set for each project. Memo summarizing responses to City comments.
Task 2.4 City Committee Online Meeting
Consultant shall attend one 'GoToMeeting' or other such remote meeting to review City comments
on 50% CD submittal.
Deliverable: Meeting minutes
Task 2.5 75% Construction Document Submittal and City Review
The Consultant team will submit drawings to the City for formal review at 75% completion. The
City will endeavor to return review comments to the Consultant team within a two week period.
Deliverable: Drawing set for each project. Memo summarizing responses to City comments.
Task 2.6 City Committee Online Meeting
Consultant shall attend one 'GoToMeeting' or other such remote meeting to review City comments
on 75% CD submittal.
Deliverable: Meeting minutes
Task 2.7 95% Probable Cost Opinion and Construction Document
Submittal and City Review
The Consultant team will submit drawings and probable cost opinion to the City for formal review
at 95% completion. The City will endeavor to return review comments to the Consultant team
within a two week period.
Deliverable: Drawing set and specifications for each project. Memo summarizing responses to
City comments.
Task 2.8 Identify Potential Easement Needs
Provide descriptions for or drawings to illustrate any necessary easement or right-of-way
acquisitions. Property acquisition plats shall be classified as an additional service, at the discretion
of the City.
Task 2.9 IDNR Water Supply Permits
Assist City in filing documents for permits applicable to civil engineering design components
inclusive of the Iowa DNR Public Water Supply Construction Permit Schedules 1a,1c, 2a, and 2b.
Task 2.10 City Committee Online Meeting
Consultant shall attend one 'GoToMeeting' or other such remote meeting to review City comments
on cost opinion and the 95% CD submittal.
Deliverable: Meeting Minutes
IE
Task 2.11 Open House with Business Owners #2
The Consultant team will conduct a open house with the affected business owners to review
impacts of construction and determine necessary accommodations to include in construction
staging, sequencing, and traffic control plans.
Deliverables: digital presentation, phasing diagrams, meeting minutes.
Task 2.12 Submittal of Construction Document Package
Submittal to include drawings and specifications, quantities and opinion of probable construction
cost. Submittal to be in PDF format. Hard copy plans to be printed as reimbursable expense.
Quantity of plans to be identified by the City.
TASK 3. BID PHASE
Services include:
i. Attend public hearing
ii. Attend pre-bid meeting
iii. Attend bid opening
iv. Coordinate document printing and plan room distribution
v. Answer contractor questions
vi. Review substitution requests
vii. Prepare necessary addenda
viii. Make recommendation regarding qualified bidders.
TASK 4. CONSTRUCTION ADMINISTRATION
OVERVIEW
The City shall provide the daily construction administration, but desire to retain the Consultant's
services to perform certain limited services detailed below, which the Consultant hereby agrees to
perform. Such visits and observation are not intended to be an exhaustive check or a detailed
inspection of the Contractor's work but rather are to allow the Consultant or its subconsultants, as
experienced professionals, to become generally familiar with the Work in progress and to
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
Based on this general observation, the Consultant shall keep the City informed about the progress
of the Work. If the City desires more extensive project observation or fulitime project
representation, the City shall request that such services be provided by the Consultant as
Additional Services in accordance with the terms of this Agreement. The Consultant shall not
supervise, direct or have control over the Contractor's work nor have any responsibility for the
construction means, methods, techniques, sequences or procedures selected by the Contractor
nor for the Contractor's safety precautions or programs in connection with the Work. These rights
and responsibilities are solely those of the Contractor in accordance with the Contract Documents.
The Consultant shall not be responsible for any acts or omissions of the Contractor,
subcontractor, any entity performing any portions of the Work, or any agents or employees of any
of them. The Consultant does not guarantee the performance of the Contractor and shall not be
responsible for the Contractor's failure to perform its Work in accordance with the Contract
Documents or any applicable laws, codes, rules or regulations.
Task 4.1 Pre -Construction Conference
Conduct a pre -construction conference with the Contractor, City, utility companies, affected
entities and all interested parties to review the contract requirements, details of construction, utility
conflicts and work schedule. Meeting minutes shall be prepared and distributed by Consultant.
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Task 4.2 Shop Drawing and Submittal Review
Review the Contractor's shop drawings and other required submittals for compliance with the
Contract Documents.
Task 4.3 Design Interpretation Questions
Answer design interpretation questions from the City, contractor, inspector, utilities, property
owners and review agencies.
Task 4.4 Minor Plan Modifications
The Consultant shall provide minor design modifications as required during construction. It is
anticipated this would include items such as adjustments to fit changed field conditions, changes
in staging, and modifications to avoid utilities, etc.
Task 4.5 Site Observation
The Consultant's Landscape Architect and/or Engineer shall make visits to the construction site at
intervals appropriate to the stage of construction to (a) observe the progress, (b) review the quality
of the work, and (c) determine if the construction work conforms to the drawings and
specifications in the construction contract.
Consultant, or its subconsultants, shall visit the Washington Street construction site at least nine
(9) times, which should include at least four (4) visits regarding the landscape, hardscape, and
streetscape elements, one (1) visit for the lighting work, three (3) visits for the structural
engineering work, and one (1) visit for the electrical work. If additional Consultant visits beyond
those noted within are desired by the City, these can be provided on an hourly and expense basis.
Consultant, or its subconsultants, shall visit the North Pedestrian Mall construction site at least six
(6) times, which should include at least four (4) visits regarding the landscape, hardscape and
streetscape elements, one (1) visit regarding the structural engineering work, and one (1) visit
regarding the electrical work.
Task 4.6 Final Inspection and Punch List; Final Acceptance
Consultant shall complete a final inspection and prepare a punch list of uncompleted items. On
the basis of such inspection, the Consultant shall determine if the project is substantially complete
in accordance with the plans and specifications and shall make a recommendation to the City
regarding final payment. It is understood that the City will accept the project only after
recommendation by the Consultant.
Washington Street: 1 visit by Consultant
North Pedestrian Mall: 1 visit by Consultant
Task 4.7 As -built Plans
Consultant shall provide digital files of the construction documents to be used by the City for
creation of as -built drawings.
Task 5.0 Public Artist
Under the direction of the Consultant, Cecil Balmond shall attend a kickoff meeting in Iowa City to
visit the site, meet stakeholders and discuss project goals and objectives. A preliminary concept
will be presented at the end of March via Go To Meeting or similar. The product for this deliverable
shall be concept sketches and narrative. During the third week of April, Cecil Balmond shall visit
Iowa City along with the Consultant to present a refined art concept. The art concept shall
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respond to a $500,000 budget by providing design alternatives to meet a $350,000 budget. The
refined concept will be presented to the City for approval at the end of April. Upon the City
providing authorization to proceed, Cecil Balmond will finalize schematic design of the public art
and prepare final deliverables for the week of May 22. Associated with the public art concept will
be an updated schematic site plan for North Pedestrian Mall by the Consultant. Deliverable shall
include meeting minutes by Genus, final design narrative by Cecil Balmond, sketches to support
the public art design and a digital animation for presentation and fundraising. Cecil Balmond shall
make a final presentation to the City and Key Stakeholders at the end of May 2015. The City shall
own rights to all deliverables.
ADDITIONAL SERVICES
The Consultant assumes no responsibility for the accuracy of information or services supplied by
the City, the City's representative or an outside consultant not developed specifically for this
Project, and shall not be liable for errors or omissions therein. Should the Consultant be required
to provide services due to errors or omissions in information provided by the City, City'
representative or outside consultant not developed specifically for this Project, such services shall
be billed as additional services.
Meetings beyond those noted above shall be subject to compensation based on Consultant hourly
rates or agreed upon lump sum trip charge. All additional visits or services shall be agreed to in
writing prior to work taking place.
Requests for Additional Services and any associated fee adjustment must be authorized in writing
before Additional Services can begin.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
WASHINGTON STREET SCHEDULE subject to updates
Design Development
February — May 2015
Public Input Meeting
Stakeholder Input
June 2015
Construction Documents
June — November 2015
Bidding Phase
December 2015 -January 2016
Contract Award
February 2016
Construction Phase
March — October 2016
NORTH PEDESTRIAN MALL SCHEDULE [ subject to updates ]
Design Development
February —May 2015
Public Input Meeting
June 2015
Construction Documents
June — November 2015
Bidding Phase
December 2015 — January 2016
Contract Award
February 2016
Construction Phase
March — October 2016
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Project schedules will likely run independently, though efficiencies will be utilized where possible
when schedules overlap.
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 available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
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The Consultant agrees to furnish all reports, specifications, and drawings, with the
seal of a professional engineer affixed thereto or such seal as required by Iowa
law.
The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the City to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep mylar 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.
P. The Consultant shall not be responsible for failure to perform or for delays in the
performance of services which arise out of causes beyond the control and/or
without the fault or negligence of the Consultant or its subconsultants.
Q. The Consultant shall not be required to sign any documents, no matter by whom
requested, that would result in the Consultant's having to certify, guarantee or
warrant the existence of conditions whose existence the Consultant cannot
ascertain. The City also agrees not to make resolution of any dispute with the
Consultant or payment of any amount due to the Consultant in any way contingent
upon the Consultant's signing any such certification.
R. All documents including Drawings and Specifications prepared by the Consultant
pursuant to the Agreement are instruments of service with respect to the Project.
They are not intended or represented to be suitable for reuse by the City or others
on extensions of the Project or on any other Project. Any reuse by the City or a
third person or entity authorized by the City without written verification or
adaptation by the Consultant for the specific purpose intended will be at the City's
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sole risk and without liability or legal exposure to the Consultant; and the City, shall
release, indemnify and hold harmless the Consultant from all claims, damages,
losses and expenses including attorneys' fees arising out of or resulting there from.
Any such verification or adaptation will entitle the Consultant to additional
compensation at rates to be agreed upon by the Consultant and the third person or
entity seeking to reuse said documents.
S. In entering into this Agreement, the City has relied only upon the representations
set forth in this Agreement, including the December 3, 2014 Schematic Designs
created by Consultant. No verbal warranties, representations or statements shall
be considered a part of this Agreement or a basis upon which the City relied in
entering into this Agreement. No statements, representations, warranties or
understandings, unless contained herein, exist between City and the Consultant.
T. The City agrees to include Genus as Consultant for the Project, in all construction
signage identifying the project.
U. The Americans with Disabilities Act (ADA) regulations provide that it is a violation
of these regulations to design and construct a facility that does not meet the
accessibility and usability requirements of the ADA unless it can demonstrate that
it is structurally impractical to meet the requirements. Consultant shall generate
construction documents that comply with the Public Right -of -Way Accessibility
Guidelines (PROWAG) Manual.
V. Both parties acknowledge that the Consultant's Scope of Services does not include
any services related to determining the presence of any hazardous or toxic
materials. In the event the Consultant encounters any hazardous or toxic materials,
or should it become known to the Consultant that such materials may be present
on or about the jobsite or any adjacent areas that may affect the performance of
the Consultant's services, the Consultant may, at its option and without liability for
consequential or any other damages, suspend performance of its services under
this Agreement until the City retains appropriate consultants or contractors to
identify and abate or remove the hazardous or toxic materials and warrants that
the jobsite is in full compliance with all applicable laws and regulations. As used in
this Agreement, the term hazardous materials shall mean any substances,
including but not limited to asbestos, toxic or hazardous waste, PCBs, combustible
gases and materials, petroleum or radioactive materials (as each of these is
defined in applicable federal statutes) or any other substances under any
conditions and in such quantities as would pose a substantial danger to persons or
property exposed to such substances at or near the Project site.
IV. COMPENSATION FOR SERVICES
For the Scope of Services as described in Section I above, Consultant shall be compensated on
an hourly basis, according to the fee schedule set forth below, for the following not -to -exceed fees
within each of the following phases:
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WASHINGTON STREET I Genus Pmiect # 140901
Task 1 .
Design Development
$
180,471
Task 2 .
Construction Documents
$
83,158
Task 3.
Bidding Phase
$
6,004
Task 4.
Construction Administration
$
16,805
Total Not -to -Exceed Fee [ excluding reimbursables ]
$
286,438
NORTH PEDESTRIAN MALL I Genus Proiect # 14091 1
Task
1.
Design Development
$
93,861
Task
2.
Construction Documents
$
28,619
Task
3.
Bidding Phase
$
3,600
Task
4.
Construction Administration
$
11,216
Task
5.
Public Artist [ NTE Task Item ]
$
25,000
Total Not -to -Exceed Fee [ excluding reimbursables ]
$ 162,296
ESTIMATED PROJECT REIMBURSABLES
Standard Reimbursable Estimate
$
22,500
Wayfinding Mockup Fabrication- allowance
$
30,000
Total Not -to -Exceed Reimbursable Expense
$
52,500
Reimbursable expenses will be invoiced directly to the City at direct cost. These expenses
include, but are not limited to: mileage, long distance phone, postage, printing of pricing, permit
and construction sets, approved travel and lodging, artist travel and expenses and approved
mock-up fabrication up to allowance noted. Expenses above the estimate noted above shall be
approved in writing by the City.
All work shall be billed on an hourly basis not to exceed the maximum amount specified. Fees,
including reimbursable expenses, are due and payable in full within 30 -days of the invoice date.
Additional Services are services provided outside the scope of this Agreement and may be
provided upon City's written authorization.
The above-described not -to -exceed fee amounts are based upon the following project hourly
billing rates:
Genus Landscape Architects
Principal Landscape Architect $ 165
Project Manager $ 105
Landscape Architect $ 95
Associate Landscape Architect $ 70
Planner $ 65
Administrative $ 45
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X. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the generally
accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent upon
or resulting from the execution of this Agreement, that it is the entire Agreement, and
that no other monies or considerations have been solicited.
C. Consultant will rely upon the City to perform the following:
1. Provide Consultant with any available information such as topography, site
plans, building plans, mapping, and other information the City deems pertinent to
the project;
2. Designate a liaison officer from the City who will work directly with the
Consultant to coordinate the collection of City -supplied data, arrange for meetings,
and be responsible for the general coordination between the City and the
Consultant;
4. Perform inspections to determine the condition of existing intakes, manholes
and sewers, and provide Consultant with reports related thereto;
5. Acquire any necessary property rights for the construction of the project; and
FOR THE CITY FOR THE CONSULTANT
By: Ae. /
Title: Mayor By: Brett Douglas
Date: February 23, 2015
ATTEST: -
Title: President and Principal Landscape Architect
Date: February 18, 2015
Approved by:
44—�
Cify Attorney's Office
Date
-17 -
Exhibit A; PROJECT SCOPE LIMITS
LEGEND
... .. A: WASHINGTON
STREET
.- B: NORTH
PEDESTRIAN MALL
genus IOWA CITY 2/18/15
AERIAL MAP
Ibndscppe Medal
stated that they should be reviewed every year. MOTION: Moran moved to approve the
December 4t', 2014 meeting as amended. Westphal seconded. Motion passed 6:0.
RECOMMENDATION OF ARTISTS FOR DESIGN PHASE OF THE BLACK HAWK MINI PARK
ART PROJECT LOCATED ON THE PEDESTRIAN MALL
Engelbrecht then asked the group to discuss the recommendation for the design phase of the
Black Hawk Mini Park Art Project. Bollinger asked if they Committee had any questions or
comments regarding the memo that was distributed prior to the meeting. Hemann asked about
the process and what happens after the recommendation goes to the City Council to be
approved or disproved. Fruin stated that the Committee's recommendation today would be
selecting the artist who would work with Genus Landscape Architects to complete the design
component. Fruin stated that the City Council could override the Committee's recommendation
but he also stated that he thought that was highly unlikely. Bryk asked how the Committee's
recommendation will be presented to the City Council. Bollinger stated that the formal
recommendation will come through the minutes. Bryk stated that she would like this
recommendation to be a point on the City Council agenda to ensure a discussion occurs as a
Council agenda item. Fruin stated that there is an authorizing resolution that describes the
process and any additional information which is memorialized in City records. Fruin suggested
that Balmond's recommendation can be included as a separate item within the authorizing
resolution which was acceptable to Bryk. Engelbrecht asked for any additional comment on this
item. Bryk asked Hemann is she had a chance to attend the artist open houses. Hemann stated
that she was able to attend the open house for Balmond and watched the video for the other
two artists. She stated that she supports the Committee's recommendation of Cecil Balmond.
Bryk stated that she agreed. Engelbrecht then opened up the discussion and asked for public
comment. O'Harrow stated that he thought that the process was handled very well and that it
was one of the best that he had been a part of. He stated that he thought it was fair and
transparent. O'Harrow also stated that he was impressed with the quality of applicants. He
stated that they are some of the best artists in the world. Engelbrecht asked for a motion for a
recommendation to City Council.
MOTION: Bryk moved that the Committee support the subcommittee's recommendation
for Cecil Balmond and move forward to City Council. Westphal seconded. Motion passed
6:0.
CONTINUED DISCUSSION OF FURTHER PROJECTS- REVIEW OF AVAILABLE BUDGET,
COLLEGE GREEN PARK STAIRS ART, MATCHING FUND CALL FOR PROPOSALS
Engelbrecht then asked the Committee to consider the next agenda item and discuss further
public art projects. Bollinger reviewed what had been discussed in previous meetings related to
this agenda item. Bollinger stated that Veronica Tessler had submitted an invoice for $2,000 for
the Yotopia mural. Bollinger stated that this is an example of matching funds projects that the
Committee could continue to sponsor. Bollinger stated that there was also discussion
surrounding stair art at College Green Park. She also stated that she had been in conversation
with Jill Harper who was the artist who worked on a number of mosaic art projects across the
city including the Grant Wood pillars. She provided an estimate for a mosaic installation of
$5000 for an art project on the steps. Engelbrecht stated that he was a big proponent of a
matching fund project. He stated that he thought that there were many artists out there that
have interesting ideas that the Committee could help fund if they like the project. Moran stated
that he was not a fan of the idea of mosaics on the stairs because it would deteriorate faster.
Bollinger stated that the Committee has $5,000 left and that she would like to know what they
want to prioritize. Engelbrecht asked what a call for artists would look like for matching funds.
02-23-
5C
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5240 (SUB15-00001)
RESOLUTION NO. 15-54
RESOLUTION APPROVING THE PRELIMINARY PLAT OF HIGHLANDER DEVELOPMENT
FOURTH ADDITION, IOWA CITY, IOWA.
WHEREAS, the owner, Bilam Properties, LLC, filed with the City Clerk, an application for approval
of the preliminary plat of Highlander Development Fourth Addition, Iowa City, Iowa; and
WHEREAS, the Department of Neighborhood and Development Services and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of
the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary plat of Highlander Development Fourth Addition, Iowa City, Iowa, is
hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by
law.
Passed and approved this 23rd day of February, 2015.
MAY_��:/!
Approved by
ATTEST: ������ u
CITY CLERK -City Attorney's Office
It was moved by Dickens and seconded by trims the Resolution be
adopted, and upon roll call there were:
AYES:
X
s\pcd\preliminary plat - resolution.doc
NAYS:
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
To: Planning and Zoning Commission
Item: SUB15-00001 Highlander
Development Fourth Addition
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Robert Miklo
Date: February 5, 2015
Applicant: Southgate Companies
755 Mormon Trek Blvd.
Iowa City, IA 52244
319-466-4321
jhughes@southgateco.com
Contact: F. Joe Hughes
755 Mormon Trek Blvd.
PO Box 1907
Iowa City, IA 52244
319-325-8113
jhughes@southgateco.com
Property Owner:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
File Date:
45 Day Limitation Period:
Bilam Properties LLC
Preliminary Plat approval
17 -lot commercial subdivision
North of Northgate Drive
39.98 acres
Agricultural (ID -RP) pending rezoning to CO -1
North: County Agricultural (A)
South: Office (CO -1)
East: Agricultural (ID -ORP)
West: Agricultural (ID -ORP) and Office (CO -1)
January 15, 2015
March 1, 2015
BACKGROUND INFORMATION: This property was annexed in to the City sometime between
1969 and 1972. It was zoned RI -A, a single family residential zone. In 1983 was zoned Interim
Development -Office Research Park (ID -ORP) when a new city-wide zoning map and ordinance
were adopted. In January the Planning and Zoning Commission review and recommend approval
of a rezoning to Commercial Office (CO -1). The rezoning is currently pending before the City
Council. The applicant is now requesting approval of a preliminary plat to subdivide the property
into 17 lots.
E
ANALYSIS:
Subdivision design: Initially street access to this property will be via Northgate Drive, which
intersects with Dodge Street (Highway 1) approximately '/2 mile to west of this property.
Northgate will be extended to the north side of this subdivision where it will end in a temporary
turn around. In the long-term Oakdale Boulevard is planned to cross the northern portion of this
property to provide additional access to Highway 1. This subdivision will provide for the
dedication of the right-of-way for Oakdale Boulevard, but rather than install the street at this
time, the developer will pay the cost of the construction 28 foot wide street (the City pays the
oversize cost for collector and arterial streets). Construction of Oakdale Boulevard will be
delayed until plans for the street to the west are solidified. A temporary turn around will be
provided at the end of Northgate Drive and Century Drive until such time Oakdale Boulevard is
built.
As discussed in the January 15 staff report for the rezoning of this property, although the initial
single means of street access is not ideal, based on a traffic analysis conducted by the MPO,
staff does not foresee major traffic implications related to the subject plat. Traffic volumes will be
managed through optimizing the traffic signal timing at the Northgate Drive and Highway 1
intersection.
Century Drive is located parallel and to the west of Northgate Drive. It will provide an additional
access to Oakdale Boulevard. A temporary turn around will be needed on the north end of
Century Drive until Oakdale Boulevard is constructed.
The subdivision also includes a street, which the applicant proposed be named Clear Ridge
Road. That street bisects the property from west to east and is shown on the concept plan as
intersecting with Dodge Street (Highway 1) and Moss Ridge Road upon the development of the
property to the west. Because it is planned to eventually be an extension of Moss Ridge Road,
this street should be labeled Moss Ridge Road rather than Clear Ridge Road to avoid confusion
for motorist and emergency vehicles.
Lots are generally rectangular ranging in size from approximately 1.25 acres to 2 acres. They
are similar existing lots in area.
Sensitive areas: The sensitive areas map indicates potential wetlands on Outlot A. In 2002 the
when the Highlander Development 3rd Addition was reviewed, it was determined that this area
does not contain jurisdictional wetlands and is not subject to the sensitive areas provisions of
the zoning code. The applicant should verify that a Section 404 permit is not required prior to
development activity.
Stormwater management. Outlot A located on the south side of the subdivision contains
stormwater management facilities that were installed with previous phases of the Highlander
development. These basins will be enlarged to provided storm water management for the larger
subdivision. Preliminary stormwater management calculations should be submitted to the City
Engineer for review.
Infrastructure fees: A water main extension fees of $415 per acre and sanitary sewer tap -on -fee
of $895 per acre apply to this subdivision. Payment of these fees will need to address the legal
papers at the time of final plat approval.
STAFF RECOMMENDATION:
Staff recommends that SUB15-00001, an application submitted by Southgate Companies for a
preliminary plat of Highlander Fourth Addition, a 17 -lot, 39.98 acre commercial subdivision
3
located north of Northgate Drive subject to resolution of deficiencies and discrepancies noted
below.
DEFICIENCIES AND DISCREPANCIES:
1. Preliminary stormwater calculations should be submitted to the City Engineer
2. The City Engineer has identified a number of technical corrections need on the preliminary
plat and grading plan.
3. Clear Ridge Road should be labeled Moss Ridge Road.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Concept Plan
Approved by:
John Yapp, Developm nt Services Coordinator
Department of Neighborhood and Development Services
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Bob Miklo
From: Nancy Hoffman <nhoffman@icradonc.com>
Sent: Tuesday, February 03, 2015 3:28 PM
To: Bob Miklo
Subject: RE: January 15, 2015 meeting February 5, 2015 meeting
Attachments: ICZoning Jan20l5.docx
Mr. Miklo,
Our facility received another letter regarding the application submitted by Southgate for a zoning change on
Northgate Drive and the February 5 meeting. I am not sure if this is a second meeting regarding the application
or if the application was not discussed in January. Either way, our concerns have not changed so I attached the
same letter.
Safety is of utmost importance. We continue to be concerned about the lack of a second route in and out of the
area. Should a fire or other circumstance take place along Northgate East of the Steindler entry, we are unable
to exit. This is not acceptable when several medical offices are located past the Steindler entrance.
Please share my concerns with the zoning committee. I am unable to attend the meeting.
Best Regards,
Nancy Reed Hoffman, MBA, MHSA, RTT
Iowa City Cancer Treatment Center
Office Manager
319-354-8777
This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-
2521. The information contained in this message may be confidential and legally privileged. The message is
intended solely for the addressee(s). If you are not the intended recipient, you are hereby notified that any use,
forwarding, dissemination, or reproduction of this message is strictly prohibited and may be unlawful. If you
are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original
message.
Iowa City Cancer Treatment Center
January 12, 2015
Planning and Zoning Commission
Iowa City, Iowa 52240
Dear Commission members,
On behalf of the Iowa City Cancer Treatment Center I would like to voice our concerns
regarding the consideration of additional commercial zoning at the end of Northgate
Drive, Iowa City.
We are an outpatient radiation therapy facility. On any given day we have an average of
40 people through our building. Northgate Drive has become the home to several other
medical offices whose patient volume is larger than ours. Our concern is one of safety;
specifically that of access in emergency situations. With the large number of medical
offices along Northgate Drive there is the possibility of medical emergencies. Access for
ambulances and other emergency vehicles from more than one entry should be strongly
considered.
We do not object to growth, but with growth comes the need for better access to and from
the site. In December 2014, I attended a Southgate Companies open house regarding the
rezoning of this site. They informed me that every interested party that attended the open
house had safety concerns regarding access. An Iowa City Transportation Planner was
also at the meeting who stated the site had been evaluated and with this rezoning there
was still no need for a second access point. Although the numbers might not show the
need for another access point, common sense certainly does.
We respectfully request that the City of Iowa City work toward a second access point to
Northgate Drive businesses at its earliest convenience. Thank you for your time and
consideration. We look forward to growth in our area.
Best Regards,
/Vaorcrg le #o##ra�r
Nancy Reed Hoffman, MBA, MHSA, RTT
Office Manager
3010 Northgate Drive
Iowa City, Iowa 52245
Phone: 319-354-8777 FAX: 319-354-9545
www.icradonc.com
From: Hamed Tewfik <htewfik@icradonc.com>
Sent: Wednesday, February 11, 2015 5:23 PM
To: Bob Miklo
Subject: RE: January 15, 2015 meeting February 5, 2015 meeting
Mr: Miklo: As an oncologist at the Iowa City Cancer Treatment Center, my patients safety is of great concern
to me and to the rest of the physicians, there are hundred of patients who are usine the eastern part of Northgate
Dr: Ambulatory Surgery, Urology, Sleep Lab, Oral Surgery, the Veterenerian Hospital, etc, these are mostly
old patients. The Interim Development process is very dangerous to our patients and their families in case of an
Emergency, all of us will be trapped without an exit. Steindler is more West to all the mentioned medical
facilities, who is going to be responsible. I urge to revisit your decision. Safety comes first. Thank you.
Hamed Tewfik,MD,FACRO
This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-
2521. The information contained in this message may be confidential and legally privileged. The message is
intended solely for the addressee(s). If you are not the intended recipient, you are hereby notified that any use,
forwarding, dissemination, or reproduction of this message is strictly prohibited and may be unlawful. If you
are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original
message.
From: Nancy Hoffinan [mailto:nhoffman@icradonc.com]
Sent: Wednesday, February 11, 2015 4:48 PM
To: 'Hamed Tewfik'
Subject: FW: January 15, 2015 meeting February 5, 2015 meeting
Nancy Reed Hoffinan, MBA, MHSA, RTT
Iowa City Cancer Treatment Center
Office Manager
319-354-8777
This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-
2521. The information contained in this message may be confidential and legally privileged. The message is
intended solely for the addressee(s). If you are not the intended recipient, you are hereby notified that any use,
Planning and Zoning Commission
February 5, 2015 — Formal Meeting
Page 18 of 23
that was discussed a length at that time.
A vote was taken and the motion carried 6-0.
DEVELOPMENT ITEM (SUB15-00001
Discussion of an application submitted by Southgate Companies for a preliminary plat of
Highlander Fourth Addition, a 17 -lot, 39.98 acre commercial subdivision located north of
Northgate Drive.
Miklo explained that the rezoning of this property was approved at the last meeting of the
Commission. It had been zoned Interim Development -Office Research Park (ID -ORP) and in
January the Planning and Zoning Commission reviewed and recommend approval of a rezoning
to Commercial Office (CO -1). The rezoning is currently pending before the City Council. The
applicant is now requesting approval of a preliminary plat to subdivide the property into 17 lots.
Initially street access to this property will be via Northgate Drive, which intersects with Dodge
Street (Highway 1) Northgate will be extended to the north side of this subdivision where it will
end in a temporary turn around. In the long-term Oakdale Boulevard is planned to cross the
northern portion of this property to provide additional access to Highway 1. This subdivision
will provide for the dedication of the right-of-way for Oakdale Boulevard, but rather than
install the street at this time, the developer will pay the cost of the construction of a 28 foot
wide street (the City pays the oversize cost for collector and arterial streets). Construction
of Oakdale Boulevard will be delayed until plans for the street to the west are solidified. A
temporary turn around will be provided at the end of Northgate Drive and Century Drive until
such time Oakdale Boulevard is built.
The subdivision complies with the City's subdivision polices. Outlot A located on the south side
of the subdivision contains stormwater management facilities that were installed with previous
phases of the Highlander development. These basins will be enlarged to provide stormwater
management for the larger subdivision. Preliminary stormwater management calculations
should be submitted to the City Engineer for review.
The sensitive areas map indicates potential wetlands on Outlot A. In 2002 the when the
Highlander Development 3rd Addition was reviewed, it was determined that this area does not
contain jurisdictional wetlands and is not subject to the sensitive areas provisions of the zoning
code. The applicant should verify that a Section 404 permit is not required prior to development
activity.
A water main extends on fees of $415 per acre and sanitary sewer tap -on -fee of $895 per acre
apply to this subdivision. Payment of these fees will need to address the legal papers at the time
of final plat approval.
There are a couple of issues that have not been resolved, and that is the naming of the
east/west street. It is thought that it will eventually connect to Highway 1 and then would
intersect with Moss Ridge Road. So following the City's naming conventions, it should be
named Moss Ridge Road rather than Clear Ridge Road and that is a deficiency that will need to
be resolved. And also there are a few technical items that need to be correct for the City
Engineer, they have not finalized their review of the plat. At this point Staff recommends
Planning and Zoning Commission
February 5, 2015 — Formal Meeting
Page 19 of 23
approval that SUB15-00001, an application submitted by Southgate Companies for a
preliminary plat of Highlander Fourth Addition, a 17 -lot, 39.98 acre commercial
subdivision located north of Northgate Drive subject to resolution of deficiencies and
discrepancies noted in the staff report.
Freerks asked about the minutes and discussion from the January 15, 2015 meeting because
there was a lot of discussion about buffer and that the specifics would be incorporated in the
platting stage and yet it is not mentioned in the staff report. Miklo replied that the buffering
conversation would be better to have at the development stage when landscaping is reviewed
for each individual lot. Freerks believes it should still be mentioned at this stage as well, and it
should be noted at all stages that there was a great deal of conversation regarding buffering
around this property. Hektoen stated that it was referenced in the rezoning ordinance that will
be reviewed by Council
Eastham mentioned receiving another email from people that have offices out in this area
regarding the need for secondary access, and asked Miklo if there is a way to address those
concerns. Miklo replied that the transportation planners did look at this and there is a point of
secondary access for emergency vehicles at the Steindler Clinic and the adjacent hotel and
secondary access for all will happen eventually when Moss Ridge Road and Oakdale Boulevard
is built.
Freerks opened public hearing.
Joe Hughes, Southgate Development Companies, as the applicant and the developer. There is
a need for this subdivision because they are down to only one available lot so it's time to build
some more so we can have more businesses come into Iowa City. A few things to specifically
address, they purposely submitted the plat with the road that is going to eventually, if the
neighboring property develops, meet up with Moss Ridge Road, we purposely named it
something different, similar but different, because they don't feel it is appropriate for a street
named after an adjoining development to come through another development. It is on the other
side of Highway 1 and in the Gazette this past month the owner of that development, Steve
Moss, said that development will be called Moss Ridge Campus so that street is the gateway
into that development and Hughes feels it would be confusing for people to be looking for Moss
Ridge Development but to take Moss Ridge Road into a different development. Therefore they
are in favor of the road being named something other than being named after the development
across Highway 1. Hughes stated they are still in support of screening for the farmhouse but
prefer not to get into too many details at this level but understand that both sides want and need
screening. Hughes asks that the Commission vote in favor of this item.
Freerks asked Miklo about the street name issue. Miklo noted that in the long run people are
not going to know the area as Moss Ridge Development of Moss Ridge Office Park, they are
going to refer to street addresses just like where there are other developments where the street
was first laid out there were other developments that hooked onto them and the street
continued. There are places where street names do change, for example Mormon Trek Blvd
becomes McCollister Blvd and those become confusing and that is why as a convention the City
tries to keep streets that connect the same name. Hektoen mentioned that it is helpful for the
fire department to have consistency on street names
John Wyler is the owner of the property that is to the west of this development. He mentioned
that he was not aware of this subdivision proposal until two days ago and was not given a
chance to discuss if this is the best way for the road to go through their property. He knows
Planning and Zoning Commission
February 5, 2015 — Formal Meeting
Page 20 of 23
similar conversations were had years ago, and again wants to state that he does not want the
road to go through his house. Therefore he asks that the Commission defer the decision until
he has time to review this item and the new road placement. Also he had looked at purchasing
this property some time ago and chose not to because there are a couple of lagoons on the
property and was very concerned about the hazardous waste that was left on the property.
Miklo said that letters were sent to property owners within 300 feet. Wyler said they only got the
letter two days ago and never got a letter in January regarding the rezoning. Hektoen stated
that the plat at this time is just a concept for the property, it is not final and could change a bit
where the road is placed.
Brian Boelk, HBK Engineering, worked on the preliminary plat that is being viewed this evening.
He noted that Mrs. Wyler was at the good neighbor meeting that was held, however as Hektoen
noted this proposal is not dependent on those roads going through, or requiring them at any
specific point in time. They did align Clear Ridge/Moss Ridge Road to the west thinking it would
better develop and get that lined up with the intersection at Highway 1. With regards to lagoons
once on the property, that is where you see the stormwater management so there is no
jeopardy for buildings.
Freerks closed public hearing.
Thomas asked Miklo his concerns regarding the adjacent property owner and his request to
defer. Miklo stated that the Wylers and the Furhmeisters will have options to develop when the
road is put through, but the pattern shown on the preliminary plat shows for a reasonable
development in the future, it's a logical street pattern but the timing of it will be up to the
individual property owners.
Freerks mentioned that it is always good for the neighbors of developing properties come to
some type of agreement for where infrastructure crosses and that it not become some type of
feuding.
Miklo checked his files and the Wyler's were notified of the rezoning on January 7 so something
may have happened to the mail, but the records show it was mailed.
Eastham asked if the subdivision ordinance provides the City with any kind of options for Moss
Ridge/Clear Ridge Road would be located. Miklo stated that the intersection with Highway 1 is
already established. The DOT would not want another access point onto Highway 1 so that
location is set. In terms of the house, as long as the house is there Moss Ridge/Clear Ridge
Road will not be running through this property. It may be years from now when the property is
sold and those owners choose to develop and that is when that road will also be developed.
Eastham moved to recommend approval that SUB15-00001, an application submitted
by Southgate Companies for a preliminary plat of Highlander Fourth Addition, a
17 -lot, 39.98 acre commercial subdivision located north of Northgate Drive subject
to resolution of deficiencies and discrepancies prior to Council consideration.
Swygard seconded the motion.
Freerks commented that the application is a pretty good outline for future development and
does not have any concerns about how the streets are stubbed right now.
Planning and Zoning Commission
February 5, 2015 — Formal Meeting
Page 21 of 23
Eastman shared his uncertainty of what options the Commission has regarding the future
development of Moss Ridge Road. Freerks stated that they can always ask City Council to
change the name. Eastham agreed that the need for the same name to aid emergency vehicles
is valid.
A vote was taken and the motion carried 6-0.
ZONING CODE AMENDMENT ITEM
Discussion of a proposed amendment to City Code Section 14-513 'Sign Regulations' regarding
placement, size, and conditions related to portable signs
Ream stated that her memo explained the issues that have occurred over the years. What she
can add to the memo is 16 years of enforcement of the code and the difficulties it has
presented and the frustrations it has presented both on staff side and business owners
downtown. Ream stated that everyone has travelled to other cities and see portable signs
used with no problems and customers appreciate them and with regulation and control it is
something that Iowa City should move forward with. It is probably one of the most divisive
issues staff has had with business owners downtown, signage is very important to them, and to
their businesses. They really do see it as an unfair situation when one business is allowed to
have that sort of portable sign because of the configuration of their entrance allows them to put
it on private property and if they have a storefront that goes completely across the front of their
property they aren't' afforded that luxury. Ream stated that the Downtown District has tasked
staff with looking at some overall design standards for downtown facades of which all signage,
not just portable signs, will be a part of a review staff will be doing hopefully with a third party
consultant. So there may be some tweaking that may come back to this at a future date, but
that is really months away and this is a good thing to move forward with now.
Freerks asked about the memo stating that the amendments were discussed with the
legislative committee and Nancy Bird, who is the legislative committee? Ream explained that
was the legislative committee of the Downtown District.
Swygard asked, knowing they will work on the design standards, but it does say they can't be
directly illuminated can people do other decorative things like hang balloons on them? Ream
said that balloons are specifically prohibited.
Eastham asked if portable signs sit on the ground it can be a hazard to people with visual
impairments. Ream said the very first meeting they had with the legislative committee they
brought in two representatives of people with disabilities to specifically address that question
and they did not have any concerns about it. What they made clear was not that hazards
present themselves in public walkways, because that is something they deal with all the time,
they were fine with it as long as they could consistently know where those hazards may be. If
there is an eight foot sidewalk, people are likely to walk in the middle of the sidewalk, not up
against the buildings and the visually impaired are not different.
Freerks opened public hearing.
Nancy Bird, the Executive Director of the Iowa City Downtown District, began by thanking the
Commission for allowing comment on this issue. She also wanted to commend Staff for taking
the time to talk with the legislative group of the Downtown District, and there are a number of
committees that work on policy issues or regulatory issues that they think they can help
support or find a better solution for. The signage boards out on the streets are one of those
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 15 -
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 601 SOUTH GOVERNOR 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 601 South
Governor Street, Iowa City; and
WHEREAS, the City has received an offer to purchase 601 South Governor Street for the
principal sum of $199,500; and
WHEREAS, this sale would provide affordable housing in a designated area surrounding the
University of Iowa; and
WHEREAS, on February 9, 2015, the City Council adopted a Resolution proposing to convey
its interest in 601 South Governor 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 601 South Governor Street,
legally described as the north 110 feet of Lot "H" in Geo. H. Jerome'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. 15-55
Page 2
It was moved by Mims and seconded by Botchway the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
y
A
x
Passed and approved this
NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
23rd day of February , 2015.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
_.! r A
�w �" 4' " MR&
CITY OF IOWA CITY
MEMORANDUM
DATE: February 18, 2015
TO: Tom Markus, City Manager
FROM: Kirk Lehmann, Neighborhood Services Intern
Tracy Hightshoe, Neighborhood Services Coordinator
RE: February 23, 2015 City Council meeting agenda item: sale of UniverCity Neighborhood
Partnership home
Introduction
On February 23, City Council will hold a public hearing and vote on a resolution authorizing the
conveyance of 601 S. Governor St. as part of the UniverCity Neighborhood Partnership Program. Once
this home is sold, the program will have 41 completed homes.
601 South Governor Street
Under the UniverCity Neighborhood Partnership, the City proposes to sell 601 S. Governor St. for
$199,500. Built in 1880, this historic house has 1,992 square feet of living space, including three
bedrooms and two bathrooms. City funds were used to rehabilitate and sell the home as a single-family
owner occupied home to an income -eligible buyer. Renovations included electrical work, plumbing,
newly re -plastered and repainted walls, reconfiguring the layout of the downstairs bathroom and the
kitchen, new light fixtures, updated bathrooms, new carpet and refinished hardwood floors, and the
installation of brand new appliances, cabinets and counters. The cost of renovations is not included in
the sale price and forgiven once the homeowner has lived there for five years. The home must also be
owner -occupied for 20 years.
The cost of renovation for 601 S. Governor was higher than the sales price. The home was completed on
August 11, 2014, but no qualified applicants made an offer. To facilitate its sale, a realtor was hired. The
listing expired on December 31, 2014. After that, the price was lowered to reduce further carrying costs
for the City. No down payment assistance has been offered to the purchaser.
Statement of Fiscal Impact
The assessed value of 601 S. Governor St. at the time of purchase was $190,390 and the sale price is
$199,500. There will be no impact on the General Fund for ongoing operating expenses.
Recommendation
This home is located on a street where there are many rental properties. The home needed several
updates and was rehabilitated for homeownership. The renovated home will be an asset to the
neighborhood and community. Staff recommends approval of the resolution to authorize the
conveyance of 601 S. Governor St. as part of the UniverCity Neighborhood Partnership program.
February 18, 2015
Page 2
601 S. Governor St. — before renovations
601 S. Governor St. — after renovations
I
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (3196-5030- -
RESOLUTION NO.
RESOLUTION AUT ORIZING CONVEYANCE OF A SIN LE FAMILY llj E
LOCATED AT 601 S UTH GOVERNOR STREET.
WHEREAS, the UniverCity Ne)ghborhood Partnership Pro am is a joint effort between the
University of Iowa and the City t encourage home owneip and reinvestment in designated
neighborhoods surrounding the U 'versity of Iowa; and rs
WHEREAS, the City purchases ren I units located in signated neighborhoods surrounding
the University of Iowa, rehabilitates th\reabilitated
nd then sells hem to income -eligible buyers; and
WHEREAS, the City purchased and a ingle family home located at 601 South
Governor Street, Iowa City; and
WHEREAS, the City has received an offe to p rchase 601 South Governor Street for the
principal sum of $199,500; and
WHEREAS, this sale would provide affordabl ousing in a designated area surrounding the
University of Iowa; and
WHEREAS, on February 9, 2015, the City ouncil' dopted a Resolution proposing to convey
its interest in 601 South Governor Street, thorizing bblic notice of the proposed conveyance,
and setting the date and time for the publ' hearing; an k
WHEREAS, following the public hearir/9 on the propose conveyance, the City Council finds
that the conveyance is in the public int rest.
NOW, THEREFORE, BE IT RESO ED BY THE CITY CO NCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. Upon the direction of the ity Attorney, the Mayor and th City Clerk are authorized to
execute a warranty dee conveying the City's interest in 1 South Governor Street,
legally described as the orth 110 feet of Lot "H" in Geo. H. J ome's Addition, Iowa City,
Iowa.
2. The City Attorney is hireby authorized to deliver said warranty debd and to carry out any
actions necessary to onsummate the conveyance required by law.
Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410
RESOLUTION NO. 15-56
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST
AVENUE GRADE SEPARATION PROJECT [STP -U-3715(636)--70-52],
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, this project will be bid by the Iowa Department of Transportation (DOT); and
WHEREAS, bids will be accepted on March 17, 2015 at 10:00 a.m. by the DOT, Office of
Contracts in Ames, IA; and
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held;
and
WHEREAS, funds for this project are available in the 1st Ave/IAIS RR Crossing Improvements
account # S3871.
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 form and amount prescribed in the bidding proposal.
3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not
more than 45 days before the date for filing the bids, for the receipt of bids by the DOT for
the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the DOT, Office of Contracts, 800
Lincoln Way, Ames, IA 50010, (515) 239-1414 before 10:00 a.m. on the 17th day of
March, 2015. Thereafter, the bids will be opened and announced by the DOT, 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 23rd day of March, 2015, or at a special meeting called for that
purpose.
Passed and approved this 23rd day of February _,20 15
MAYOR
Approved by
Resolution No. 15-56
Page 2
ATTEST: 2�acv
CITY C ERK
City Attorney's Office
Resolution No. 15-56
Page 3
It was moved by Mims and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
El,
Prepared by: Stefanie Bowers, Equity Dir., 410 E. Washington St., Iowa City, IA 52240 319.356.5022.
RESOLUTION NO.
15-57
RESOLUTION APPROVING THE 2013 EQUITY REPORT ACTION PLAN
INCLUDING THE ACTION PLAN FOR THE POLICE DEPARTMENT AND THE FIVE
AREAS OF FOCUS FOR RELATIONSHIP BUILDING AS PRESENTED BY CITY
STAFF AT THE CITY COUNCIL WORK SESSION HELD ON JANUARY 13, 2015
(RACIAL EQUITY & DIVERSITY ISSUES).
WHEREAS, It is vital for Iowa City's long-term prosperity to create a stronger and more inclusive
community; and
WHEREAS, The City Council is committed to eliminating disparities within City Government; and
WHEREAS, The City Council is committed to promoting racial equity and justice as a fundamental
aspect of an inclusive and healthy community; and
WHEREAS, On June 19, 2012, the City Council passed a resolution establishing the Ad Hoc Diversity
Committee to study City law enforcement, the Citizens Police Review Board and transportation
services as they relate to persons of color to promote just and harmonious community interaction; and
WHEREAS, On June 18, 2013 the City Council passed a resolution implementing recommendations
from the Ad Hoc Diversity Committee and City Staff; and
WHEREAS, Pursuant to those recommendations an annual equity report was published on August
18, 2014 with an action plan to reduce racial and ethnic disproportionality within City's services,
programs and operations.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby outlines its top priorities and
related new initiatives generated by the 2013 report on equity and the specific action plan developed
by City staff and Council to promote racial and ethnic equity and improve communications and
relationships with the community.
• Hold listening posts in various locations throughout the community. Two Council
members will rotate at each listening post and those two Council members will
report back to the entire Council.
• Host staff roundtables with Chairs/Directors of local community organizations that
focus their efforts on eliminating racial disparities.
• Expand Coffee with a Cop to rotate to different areas of the City.
• Apply (Police Department) to participate in the United States Department of Justice
pilot program on the National Initiative for Building Community Trust and Justice.
• Offer Police ride alongs to members of the community who wish to participate.
• Expand the use of body -mounted cameras within the Police Department and
develop appropriate rules and regulations for this technology.
• Continue to participate in the disproportionate minority contact study with Dr.
Barnum and St. Ambrose University.
• Encourage the expansion of the Citizens Police Review Board to other jurisdictions.
• Provide financial and labor resources to City Departments to carry out trainings and
activities on cultural competency, cultural awareness, cultural consciousness and
implicit bias.
• Engage with members of the community specifically persons of color and members
of historically underrepresented groups by actively participating in community
Resolution No. 15-57
Page 2
outreach, activities and programs.
• Provide support and resources for a regional community ID program.
• Partner with the Government Alliance on Race and Equity (GARE). GARE is an
organization of governments across the country committed to racial equity. GARE
provides equity resources, best practices and the expertise of practitioners in the
field. Staff will conduct a review after one year to determine whether the partnership
is producing the intended results.
• Review and discuss committee reports from the Criminal Justice Coordinating
Committee of Johnson County.
• Collect and analyze data on individuals who apply for employment with the City to
ascertain what barriers exist in creating workforce equity.
• Collect and analyze data on individuals who apply for appointment on City
boards/commissions to ascertain what barriers exist in creating proportionate
representation of persons of color on boards/commissions.
• Evaluate a racial equity impact review tool for City budgets, programs, policies and
services.
• Take active steps to increase the racial and ethnic diversity of the applicant pool for
hiring within the Police Department.
• Increase awareness of the options available to file complaints against the Police
Department or other City services, programs or operations.
Passed and approved this 23rd day of February , 2015.
ATTEST: 5�
CITY CLERK
It was moved by Mims
adopted, and upon roll call there were:
AYES:
X
p ved by
City Attorney's Office
and seconded by Botchway the Resolution be
NAYS:
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
I"I
CITY OF IOWA CITY
MEMORANDUM
Date: February 19, 2015
To: Geoff Fruin, Assistant City Manager
From: Stefanie Bowers, Equity Director `,�44—G"t— w' '
Re: Resolution on Racial Equity and Diversity Initiative for 2015
C�
Introduction
City Council Work Sessions held on November 18, 2014 & January 13, 2015 on the 2013 report
on racial equity for the City of Iowa City concluded with a set of staff recommendations and City
Council recommendations to address racial and ethnic disproportionalities in City programs,
services and operations. The recommendations and action plans are incorporated into a
resolution being presented to the City Council on February 23. The recommendations are
consistent with the City Council's strategic plan for 2014-2015 and the racial equity and diversity
initiative that commenced with the establishment of the Ad Hoc Diversity Committee in June of
2012.
Recommendation
It is recommended for the City Council to approve the resolution approving the action plans from
the report on equity and the racial equity and diversity initiatives presented and discussed at the
City Council Work Sessions on November 18, 2014 & January 13, 2015.
Additional Information
To update both the City Council and the community the following is a brief summary of what City
staff is currently working on in terms of racial equity and diversity in addition to the above-
mentioned items.
Government Alliance on Race and Equity (GARE)
City Council Member Kingsley Botchway (via teleconference), City Council Member Jim
Throgmorton, Mayor of North Liberty Amy Nielsen, Community Project Specialist for Johnson
County LaTasha DeLoach, Principal of SJS Consulting Sally Scott and the City's Equity Director
Stefanie Bowers, recently attended a meeting in Dubuque with Dubuque City leaders and Julie
Nelson, the Program Director for the Government Alliance on Race and Equity ("GARE").
GARE is a national network of governments working to achieve racial equity and advance
opportunities for all. Members include the cities of Portland (WA), Seattle (WA), Tacoma (WA),
Madison (WI), Minneapolis (MN), Saint Paul (MN) and Dubuque (IA). GARE assists in sharing
resources across jurisdictions, providing individualized assessments based upon jurisdictional
need, and providing guidance to achieve desired outcomes and goals.'
Julie Nelson is the former Director of the Seattle Office for Civil Rights and an instrumental
designer of Seattle's Race and Social Justice Initiative. Seattle's Race and Social Justice
Initiative was the first initiative of its kind in local government with a focus on institutional racism.
Seattle was also one of the first municipalities to utilize a racial impact review tool.
Racial Impact Review Tool
The purpose of a racial impact review tool is to allow policy makers and governments an
opportunity to prevent unintended harm to communities served by reviewing prior to
implementation policies, programs, services, or budget allocations that may result in unintended
1 See attached or visit www.racialeauityalliance.org/ (last visited 2-17-2015).
February 19, 2015
Page 2
consequences .2 A racial impact review tool is used to determine and evaluate what if any affect
a policy, program, service, or budget allocation would have on persons based on race, color, or
national origin. A racial impact review tool has several steps that primarily consist of a series of
questions, data collection/review, input from the community and other evaluative steps to review
the policy, program, service, or budget allocation. A statement would then be prepared that
would state whether the proposed policy, program, service, or budget allocation would be a
benefit or burden on persons based on race, color, or national origin. If the answer is yes—it
would be a burden, the next question would be whether the burden could be lessened or
removed completely. If the outcome is not known then the next steps might be to track the
impact on the community based on race, color, or national origin over a period of time.3 Here is
an excerpt from a recent article on the city of Minneapolis' use of racial equity assessments:
"Minneapolis Councilmember Cam Gordon presented perhaps the
most -interesting example of using the assessment. Gordon said
he wanted to enhance the city's existing staple foods ordinance
that requires those with grocery licenses to offer at least seven
varieties of fresh fruits and vegetables. Gordon wanted to broaden
the list to include breads, cereals and proteins. "We started
recognizing that there were food deserts and access to healthy
food wasn't uniform," Gordon said. Such access ties into the
broader issue of health disparities where "based on zip code, you
can predict life expectancy." But after meeting with a handful of
small grocers in areas that serve minority communities —all of
them people of color — Gordon said he realized his proposal
could put them out of business. Small stores, he said, have
trouble getting distributors to make deliveries. To meet the existing
ordinance, some are forced to buy produce from grocery chains
and sometimes see it go wasted. "it would be unfortunate if we
burdened them so much they started losing money," Gordon said.
So he has found a distributor willing to work with small grocers
and has sought out help from urban farmers as well. There also
are grants and marketing assistance through the Healthy Corner
Store program. The assessment didn't cause him to abandon the
effort to expand staple foods, but it did force him to identify the
issues and try to find solutions. The lesson, he said, was to "be
patient, be careful and have the resources to help. ,4
In the near future City Staff will begin to evaluate utilizing a racial impact review tool. Staff will
look at the different types of racial impact review tools being used across the country to
determine what would be the best fit for the City and the potential uses for it. The preferred
racial review tool would be very direct, efficient in analysis, consistent with the City Council's
strategic plan and the action plan in the report on equity while also creating credibility in terms of
actual outcomes. The evaluation process will also include the establishment of a threshold for
when the tool should be used. City staff will report out to the City Council once research and
2 See http://www.sentencin-qprolect.orq/dotard abaarticle.pdf (last visited 2-9-2015).
3 See http://www kingcounty gov/elected/executive/equity-social-justice/tools-resources aspx. Racial Equity Toolkit to Access
Policies, Initiatives, Programs, and Budget Issues (last visited 2-9-2015).
4 See http://www minnpost com/politics-policy/2014/08/minneapolis-newest-tool-fight-ineguaIity-racial-equity-assessments
Minneapolis' Newest Tool to Fight Inequality. Racial Equity Assessments by Peter Callaghan 8-19-2014 (last visited 2-9-2015).
February 19, 2015
Page 3
findings have been completed. It is planned initially for the racial impact review tool to be used
in specific areas for evaluation to determine effectiveness in terms of meeting our goal in
identifying disparate impacts prior to policy implementation.
National Initiative for Building Community Trust and Justice
In February, the Police Department applied to participate in the United States Department of
Justice Pilot Program --National Initiative to Build Community Trust and Justice. This program
was created by Attorney General Eric Holder in the fall of 2014 in response to the national
events of Ferguson (MO) and is a multi -faceted approach to building community trust and
repairing relationships between law enforcement and the communities served by them .5
Roundtables
In February, City staff contacted chairs of local social justice organizations that focus on racial
equity to plan the first meeting of the roundtable discussions (scheduled for early March). Chairs
for the Center for Worker Justice of Eastern Iowa, the Coalition for Racial Justice, the Human
Rights Commission, and the Black Voices Project have been sent invitations to meet with the
City Manager, Assistant City Manager, Police Chief and the Equity Director. The roundtables
will address and monitor matters of racial equity and diversity within City operations, services
and programs.
Job Fair
On Tuesday, February 24, the Human Resources and Parks & Recreation divisions will host a
job fair at Mercer Park Aquatic Center from 3-6 PM. In addition to participants being able to
apply for seasonal employment vacancies the job fair will also provide information on civil
service and collective bargaining in relation to City employment and highlight the new online
employment application process.
Online Complaint Submissions for Citizens Police Review Board & Human Rights Commission
Over the next year City staff will also look at the possibility of using online submittal forms for
complaints to the Citizens Police Review Board and the Human Rights Commission. Other Iowa
cities have recently started offering online submittals for complaints. City staff will receive
feedback and information from those municipalities at the end of their first year of operation. The
use of an online complaint form is helpful as the City looks at ways in which it can present
materials to the community for increased outreach and participation and coincides with the
launching of a new City website later in 2015.
Updated Application Forms for City Boards & Commissions
In an effort to increase the diversity of the applicant pool for City boards and commissions and
to make City processes more user friendly and available 24/7, City staff will be reviewing and
updating the current application forms and pursing the ability to send electronic submissions for
vacancies on City boards and commissions.
Conclusion
To conclude, City staff will continue to report out on the Diversity Implementation Form ("DIF")
on a quarterly basis (April 2015). The City Council will receive updates in its Information Packet
and the updates will also be provided on the Diversity Initiative link on the City's website. The
City's second report on equity will be released in the summer of 2015.
5 See attached or visit http://omp.gov/communitvtrust.htm (last visited 2-17-2015)
LOCAL AND REGIONAL
r, GOVERNMENT ALUANCE 4N
•� ��''•�•
RACE & EQUITY
HOME ABOUT CONVENING ON RACIAL EQUITY
GET INVOLVED
The Alliance is supporting a cohort ofjurisdictions that are at the
forefront of local and regional governments' work on racial
equity. These are jurisdictions where:
government has made a commitment to equity via
resolution or ordinance and use of racial equity tools
there is elected official support, as well as leadership
amongst departments, and expertise within front-line staff
stakeholders and partners are involved and supportive
Each Cohortjunsdiction serves on the Steering Committee for
the Alliance, providing strategic direction and prioritization of
jurisdictional issues and needs.
Current Alliance Cohort members include:
http://www.mcialequityalliance.org/cohort/ 2/17/2015
IOWA
City of Dubuque
MINNESOTA
City of Minneapolis
City of Saint Paul
Metropolitan Council
Minneapolis Park Board
OREGON
City of Portland
Multnomah County
WASHINGTON
City of Seattle
City of Tacoma
WISCONSIN
City of Madison
Dane County
Additional jurisdictions are being added on a rolling basis.
For more information about how to become a part of the cohort,
contact Julie Nelson.
POWERED BY SQUARESPACE
h4://www.racialequityalEance.org/cohort/ 2/17/2015
LOCAL AND REGIO NAL
GOVERNMENT ALLIANCE ON
..+�.PACE & EQUITY
HOME ABOUT CONVENING ON RACIAL EQUITY
GET INVOLVED
LESSONS TO GUIDE THIS PROJECT
Analysis: Jurisdictions must use a racial equity framework that
clearly articulates a vision for racial equity and the differences
between individual, institutional and structural racism, as well as
implicit and explicit bias.
Tools: Racial inequities are not random, they have been created
and sustained by government and other institutions over a long
period of time. Inequities will not disappear on their own. Tools
must be used to change the policies, programs and practices that
are perpetuating inequities.
Capacity: Jurisdictions need to be committed to the breadth and
depth of institutional transformation so that impacts are
sustainable. While the leadership of electeds and top officials is
critical, changes take place on the ground, and infrastructure that
creates racial equity experts and teams throughout the institution
is necessary.
http://www.racialequityalliance.org/faq/ 2/17/2015
Data and metrics: Measurement must take place at two levels -
first, to measure the success of specific programmatic and policy
changes, and second, to develop baselines, set goals and measure
progress towards goals. Use of data in this manner is necessary
for accountability.
Partnering: The work of local and regional government on racial
equity is necessary, but it is not sufficient. To achieve racial
equity, government must be working in partnership with
community and other institutions to achieve meaningful results.
Urgency: While there is often a belief that change is hard and
takes time, we have seen repeatedly, that when change is a
priority and urgency is felt, change can take place quickly.
Collectively, we must create greater urgency and public will to
achieve racial equity.
KEY QUESTION #1. WHY GOVERNMENT?
From the inception of our country, government at the local,
regional, state and federal level has played a role in creating and
maintaining racial inequity. Despite progress in addressing explicit
discrimination, racial inequities continue to be deep, pervasive
and persistent across the country. Racial inequities exist across all
indicators for success, including in education, criminaliustice,
,jobs, housing, public infrastructure and health, regardless of
region.
Many current inequities are sustained by historical legacies and
structures and systems that repeat patterns of exclusion.
Consider how schools are funded and the relationship of racial
and economic segregation in housing. Systems and structures
create and perpetuate resource and opportunity gaps that show
up as achievement gaps. Clearly, we have not achieved a "post -
racial" society, and although there is a strong relationship
between race and class, simply talking about class is not enough.
Taking a "color-blind" approach simply allows racial inequities to
continue. Explicitly addressing racial inequities while maintaining a
class-conscious approach will maximize impacts on both racial
and income inequities.
Local and regional government has the ability to implement policy
change at multiple levels and across multiple sectors to drive
larger systemic change. For example, many local ,jurisdictions
have worked to reduce recidivism and racial inequity by
implementing "ban the box" legislation for use of criminal
h4://www.racialequityalliance.org/faq/ 2/17/2015
background checks in employment decisions. This has led to
adoption of this policy by the state of Minnesota, and as a result,
a major corporation, Target, changed their policy not only at the
state level, but nationally.
It is important to note that to achieve long-term impact, changes
must be sustainable. Working for racial equity at the local and
regional level can allow for meaningful education with community
and other institutions that will ensure sustainability.
KEY QUESTION 412. HOW CAN WORKING FOR
RACIAL EQUITY BENEFIT EVERYONE?
Developing a network of government focusing on racial equity is
critically important to getting to different outcomes in our
communities. The goal must be beyond closing the gap; we must
establish appropriate benchmarks that lift up all populations while
paying close attention to those often excluded. Implementing
strategies to "close the gaps" from this perspective has been
called "targeted universalism," meaning improvements for all
groups. Advancing equity moves us beyond just focusing on
disparities. Deeply racialized systems are costly and depress
outcomes and life chances for all groups. For instance:
Although there are a disproportionate number of youth of
color who do not graduate from high school, there are
many white students as well. We have seen strategies that
work for youth of color also work better for white youth, a
truly systemic approach.
Disproportionalities in the criminaljustice system are
devastating for communities of color, most specifically
African-American men, but are financially destructive and
unsustainable for all of us. Dramatically reducing
incarceration and recidivism rates and re -investing funds in
education can work to our collective benefit.
When voting was/is constrained for black and brown voters,
low-income white voters are also likely to be excluded.
During the period of poll taxes and literacy tests, more
eligible whites were prohibited from voting than blacks.
The goal is not tojust eliminate the gap between whites and
people of color, but to increase the success for all groups.
Targeted universalism develops goals and outcomes that will
result in improvements for all groups, but the strategies are
targeted based on the needs of a particular group. Systems that
are failing communities of color, are actually failing all of us.
http://www.racialequityalliance.org/faq/ 2/17/2015
Targeted universalism will increase our collective success and be
cost effective.
KEY QUESTION #3. WHY LEAD WITH RACE?
The Alliance leads with race, with the recognition that other
groups of people are still marginalized, including based on gender,
sexual orientation, ability and age, to name but a few. Focusing on
racial equity provides the opportunity to introduce a framework,
tools and resources that can also be applied to other areas of
marginalization. This is important because:
To have maximum impact, focus and specificity are
necessary. Strategies to achieve racial equity differ from
those to achieve equity in other areas. "One -size -fits all"
strategies are rarely successful.
A racial equity framework that is clear about the
differences between individual, institutional and structural
racism, as well as the history and current reality of
inequities, has applications for other marginalized groups.
Race can be an issue that keeps other marginalized
communities from effectively coming together. An
approach that recognizes the inter -connected ways in
which marginalization takes place will help to achieve
greater unity across communities.
It is critical to address all areas of marginalization, and an
institutional approach is necessary across the board. As local and
regional government deepens its ability to eliminate racial
inequity, it will be better equipped to transform systems and
institutions impacting other marginalized groups.
POWERED BY SQUARESPACE
http://www.mcialequityalliance.org/faq/ 2/17/2015
Office of Justice Programs: National Initiative to Build Community Trust and Justice
U.S. DEPARTMENT OF JUSTICE comet Us I ass Map I cava at oJP I oJP Home
Office of Justice Programs SEARCH CUP
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News/Press Releases
9/29/14 President Obama Refers to
National Initiative at Congressional
Black Caucus Awards Diner.
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9/18114 DOJ Press Release. Justice
Dapartmerd Announces National Effort
to Build Trust Bekaeen Law
Erdorcemen t and the Communhies They
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I Resources
NIJ's Race. Trust and Police Leaitinacv
ILA and the Policy Executive Research
Forum (PERF)
COPS Procedural Justice Resources
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National Initiative for Building Community Trust and Justice
"The Nacional1nWative for eu0eyng Communriy Trust and Jusdee represents a m4yorStep forward in
rasoAft long standing tensions M many afAmerlca s communNes.'
AMomey General Eric H. HoMer, Jr.
September 28, 2014
A substantial portion of On U.S. population has contact each year with law enforcement and the criminal justice
system - as victims, witnesses, offenders, advocates, or community partners. Every one of these Contacts Is a
potential opportunity to build personal and public frust in the criminal and juvenile just= systema and enhance
community efficacy and safety, or alternatively, to cause tension and erode pudic trust In the Institutions charged to
maintain law and order.
The National Initiative for Building Community Trust and Justice is a mult4aceted approach to enhance community
trust and help repair and strengthen the relationship between law ental emem and the communities "serve. The
National Initiative wig explore, advance, assess, and disseminate information about strategies Intended to enhance
procedural justice, reduce implicit blas, and support racial reconciliation.
WHAT WILL THE NATIONAL INITIATIVE ACCOMPLISH?
• Establish pilot sites to Implement and test strategies to promote procedural justice in policing, address
issues of Implicit bras, and create opportunities for racial reconciliation.
• Establish an information clearinghouse to provide technical assistance for the broader field of justice
practitioners and local communities.
• Develop evidence, translation materials by making extent and emerging research on procedural justice,
blas, and racial reconciliation accessible to practitioners and policymakers.
• Conduct research to gauge and expand knowledge about procedural justice and related concepts, and
identify and address gaps In our understanding about the scope and Impact of these issues.
•
Promo b the public discourse and a broader public understanding of these issues among the general public
I order to Influence the national discourse on community policing.
PROJECT PARTNERS
The Justice Department is partnering with a consortium of national experts on low enforcement that is led by the
John Jay College of Criminal Justice and comprised of Yale Law Schod , the Centerfor Policing Equity at UCLA,
and the Urbain Inaftft :
• David Kennedy, John Jay College
• Jeremy Travis, John Jay College
• Amy Crawford, John Jay College
• Tracey Meares. Yale Law School
• Tom Tyler, Yale Law School
• tiba Gaff. CenterPolicing Equity
• Nencv Le Prone. Urban Institute
. Jocelyn
I The National IngioWe will be guided by aboard of advisors that will include national leaders from law enforcement,
hUp://ojp.gov/community"t.htm 2/17/2015
Office of Justice Programs: National Initiative to Build Community Trust and Justice
academia and faith -based groups, as well as community stakeholders and civil rights advocates.
DOJ PARTNERS
•
Office of Justice Proorams
•
Bureau of Justice Assistance (9JA)
• National Institute of Justice (NUI
• 9ft of Juvenile Justice and Debteuency Prevention (OJJDP)
• Office of Victims of Crime (OVC)
• Office of Community Oriented Policing Services MOPS)
• Office on Violence Aeainst Woman
• Civil Rights Division
• Community Relations Service
FREQUENTLY ASKED QUESTIONS
What Is procedural justice?
Procedural Justice is a social psychological term used to describe the process by which members of the public make
Judgments regarding fairness. The model has a few dimensions. First, participation is on important element People
report higher levels of satisfaction in encounters with authorities when they have an opportunity to explain their
situation and their perspective on It - i.e., to tell their story. Second, people care a great deal about the fairness of
decislon-making by legal authorities such as police officers and judges. That is, people look to indict ations of
neutrality, objectivity and factuality of decision-making, oormfaiency In decision-making, and transparency. Third,
people care about how legal authorities treat them. Specifically, people desire to be treated with dignity, with respect
for their rights, and with politeness. Fourth, in their Interactions; with police, people want to believe that authorities are
acting out of a sense of benevolence toward them. They want to believe that the motivations of the authorities are
sincere, benevolent, well-intentioned, and that they are trying to be responsive to people's concerns.
What is hrpgcK bias?
Implicit bias stems from the automatic association between two concepts. Just as the words 'doctor," "healthcare,"
and "surgery" likely bring to mind the word 'hospital,* other words and concepts are often stored In the mind together.
Urdortunately, that happens with both good associations (e.g., "birthday" and "happy") and bad ones (e.g., "Black"
and "crime"). These automatic associations do not require that one hold prejudiced b Bela. However, they can
influence behavior, leading Individuals and groups to respond In stereotype -consistent ways. Put another way:
implicit Was is the tendency to associate a group with Its stereotypes - even when we do not believe the stereotype.
For that reason, it is particularly difficult to identify and remedy. i
What Is racial reconc®lation?
Over American history, many racial and ethnic groups have been treated badly under American law through law
enforcement practice. The history of African-Americans under slavery, reconstruction, the black codes, "aeperate but
equal," during the civil rights Struggle, and at other times has been particularly serious. Reconciliation Involves police
end other agents of the law addressing that history squarely, further addressing what are often damaging narratives
on both sides (for example, police beliefs that troubled communities approve or violence, or neighborhood beliefs that
the police are complicit in the drug trade), and finding common ground an which to proosed on key community safety
concerns.
When will pilot sites be selected? How will pilot sites be selected?
Spring 2016. The National Initiative will evaluate a number of factors, which might Include willingness to engage in
this kind of work at a community level, geographic diversity, law enforcement data on police -citizen Interaction, and
the abifrty to assess outcomes with scientific credibility.
CONTACT
National Initiative for Building Community Trust and Justice
U.S. Department of Justice
Office of Justice Programs
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BUREAUS AND OFFICES
• Bureau orJusfeeAssistance
• Bureau of Juatice $usages
• National lnstilute of Justice
• OftceforVicSmsorCome
• Oita of Juvenile Justbe and Ddirpuency Prevention
w Olrpe arSex OeembrSw&(Wng, Mortaring,
Apprehending, Registering, and Tracking
Office of Justice Programs
eta Serverdh Street, NW • Wasldngton, DC 20591
a Accessibility • P&-7 Paley
r Reasonable Aowmmodation A FOIA
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e Archives ♦ Notosto FomwOJP
Flrpleyees
http://ojp.gov/communit3 t st.httn 2/17/2015
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CITY Of IOWA CITY
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CITY OF IOWA CITY
MEMORANDUM
Date: February 18, 2015
To: Tom Markus, City Manager
From: Stefanie Bowers, Human Rights Coordinator
Re: Human Rights Commission Recommendation of February 17, 2015
The Human Rights Commission at their meeting of February 17 voted to support the five areas
of focus for relationship building as presented by City staff at the City Council work session on
January 13, 2015. This support included recommending the City Council include at least two but
not more than four Human Rights Commissioners in future listening posts that are held. The
Human Rights Commission in its Action Plan for 2015 (created in the fall of 2014) has as an
action step to hold listening posts. The recommendation was approved by a vote of 7-1.
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Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319/356-5030
RESOLUTION NO. 15-58
RESOLUTION APPROVING AN AGREEMENT FOR PRIVATE
DEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA
AND 316 MADISON, L.L.C. FOR THE 316 MADISON STREET PROJECT
WHEREAS, 316 Madison, L.L.C. ("Developer") has submitted a private
redevelopment proposal for improvements with a cost of $39 million at 316 Madison
Street consisting of 14 floors of residential units, indoor parking, retail space and lobby,
which project will have on-site professional management, hereinafter the "Project'; and
WHEREAS, the property on which the Project will be constructed is located within the
City - University Project 1 Urban Renewal Area, which area is described in the Urban
Renewal Plan approved for such area by Resolution No. 2157 dated October 2, 1969,
amended by Resolution No. 01-366, dated November 13, 2001; and by Resolution No.
12-459, dated October 23, 2012; and
WHEREAS, by Resolution No. 14-253 dated August 19, 2014 the Urban Renewal Plan
for the City -University Project I Urban Renewal Area was amended to include additional
development agreements not to exceed $15,000,000 that further the goals and
objectives of the Urban Renewal Plan and the City's Comprehensive Plan; and,
WHEREAS, the Economic Development Committee considered said application on
January 12, 2015 and voted to recommend approval to the City Council; and
WHEREAS, in exchange for Tax Increment Financing rebates in excess of the taxes
generated by a 5 -story building of $4,700,000.00 paid over the course of twenty-one
years once the Project is complete, Developer has agreed to make certain
improvements to the property, as outlined in the development agreement; and
WHEREAS it is the determination of this City Council that approval of the Agreement for
Private Redevelopment is in the public interest of the residents of the City and is
consistent with the purposes and objectives of the Urban Renewal Area Plan.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY IOWA THAT:
The attached Agreement for Private Redevelopment by and between the City of
Iowa City, Iowa and 316 MADISON, L.L.C. is in the public interest of the
residents of Iowa City.
2. Said Agreement is consistent with and authorized by the Urban Renewal Plan
and all applicable State and federal laws including but not limited to Iowa Code
Chapters 15A and 403.
3. The Mayor is authorized and directed to execute the Agreement in duplicate and
the City Clerk is authorized and directed to attest his signature and to affix the
seal of the City Clerk.
4. The City Clerk is authorized and directed to record said Agreement with the
Johnson County Recorder at the Developer's expense.
5. The City Manager is hereby authorized to administer the terms of the Agreement
for Private Redevelopment.
Passed and approved this 23rd day of
ATTEST: Z&r��� Ott✓
CIT CLERK
Fbbruary , 20 15
4tcr< _
p ro ed by
0
City Attorney's Office
Resolution No. 15-58
Mage 3
It was moved by Mims and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
%
Botchway
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
R Throgmorton
AGREEMENT FOR PRIVATE REDEVELOPMENT
By and Behveen
THE CITY OF IOWA CITY, IOWA
AND
316 MADISON, LLC
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THIS AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called
"Agreement"), is made on or as of the 23rd day of February 2015, by and among
the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"), established pursuant to
the Code of Iowa of the State of Iowa and acting under the authorization of Chapter 403 of the Code
of Iowa, 2015, as amended (hereinafter called "Urban Renewal Act") and 316 MADISON, LLC.,
having an office for the transaction of business at 310 E. Burlington St. #10, Iowa City, Iowa 52240
(the "Developer").
WITNESSETH:
WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has
undertaken a program for the revitalizationofan urban renewal area in the City and, in this
connection, is engaged in carrying out urban renewal project activities in an area known as the City -
University Project I Urban Renewal Area, which area is described in the Urban Renewal Plan
approved for such area by Resolution No. 2157 dated October 2, 1969, amended by Resolution No.
O1-366, dated November 13, 2001; and by Resolution No. 12-459, dated October 23, 2012; and
WHEREAS, a copy of the foregoing Urban Renewal Plan, as amended, has been recorded
among the land records in the office of the Recorder of Johnson County, Iowa; and
WHEREAS, the Developer owns or has the right to occupy certain real property located in
the foregoing Urban Renewal Area as more particularly described in Exhibit A annexed hereto and
made a part hereof (which property as so described is hereinafter referred to as the 'Development
Property"); and
WHEREAS, the Developer will cause certain improvements known as the "316 Madison
Sheet Project" to be constructed on the Development Property and will cause the same to be
operated in accordance with this Agreement; and
WHEREAS, by Resolution No. 14-253 dated August 19, 2014 the Urban Renewal Plan for
the University Project I Urban Renewal Area was amended to include additional development
agreements not to exceed $15,000,000 that further the goals and objectives of the Urban renewal
Plan and the City's Comprehensive Plan; and,
WHEREAS, the City believes that the development and continued operation of the
Development Property pursuant to this Agreement and the fulfillment generally of this Agreement,
are in the vital and best interests of the City and in accord with the Urban Renewal Plan and the
public purposes and provisions of the applicable State and local laws and requirements under which
the foregoing project has been undertaken and is being assisted; and,
WHEREAS, the City believes that the development pursuant to this Agreement aligns with
the goals of the Riverfiront Crossings Master Plan and the provisions of the Riverfront Crossings
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Foran Based Code.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I. DEFINITIONS
Section I.I. Definitions. In addition to other definitions set forth in this Agreement, all
capitalized terms used and not otherwise defined herein shall have the following meanings unless a
different meaning clearly appears fiom the context:
Agreement means this Agreement and all appendices hereto, as the same maybe fiom time to
time modified; amended or supplemented.---
Certificate
upplemented.
Certificate of Completion means a certification in the form of the certificate attached hereto as
Exhibit C and hereby made a part of this Agreement, provided to the Developer pursuant to Section
3.2 of this Agreement.
City means the City of Iowa City, Iowa, or any successor to its functions.
Code means the Code of Iowa, 2013, as amended.
Construction Plans means the plans, specifications, drawings and related documents reflecting
the construction work to be performed by the Developer on the Development Property and the other
properties upon which the Public Improvements will be located; the Construction Plans shall be as
detailed as the plans, specifications, drawings and related documents which are submitted to the
building inspector of the City as required by applicable City codes.
Coun means the County of Johnson, Iowa.
Developer means 316 MADISON, LLC
Development Property means that portion of the City University Project 1 Urban Renewal
Area of the City described in Exhibit A hereto.
Economic Development Grants mean the Tax Increment payments to be made by the City to
the Developer under Article VIII of this Agreement.
Event of Default means any of the events described in Section 10.1 of this Agreement.
First Mortgage means any Mortgage granted to secure any loan made pursuant to either a
mortgage commitment obtained by the Developer from a commercial lender or other financial
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institution to fund any portion of the construction costs and initial operating capital requirements of
the Minimum Improvements, or all such Mortgages as appropriate.
316 MADISON, LLC TIF ACCOUNT means a separate account within the City -University
Project I Urban Renewal Tax Increment Revenue Fund of the City, in which there shall be deposited
all Tax Increments received by the City with respect to the Minimum Improvements on the
Development Property described in Exhibit A.
Minimum Improvements shall mean the construction of a new 15 story 154 -unit building
comprised of indoor parking, a retail space, lobby and 14 floors of residential units, in a mix of 53
studio, 16 one -bedroom, 77 two-bedroom and 8 three-bedroom units as outlined in Exhibit B hereto.
Minimum Improvements shall not include increases in assessed or actual value due to market factors.
Mortgage means any mortgage or security agreement in which the Developer has granted a
mortgage or other security interest in the Development Property, or any portion or parcel thereof, or
any improvements constructed thereon.
Net Proceeds means any proceeds paid by an insurer to the Developer under a policy or
policies of insurance required to be provided and maintained by the Developer, as the case may be,
pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees
and disbursements of counsel) incurred hr the collection of such proceeds.
Ordinance means Ordinance No. 01-3991 of the City, under which the taxes levied on the
taxable property in the City -University project 1 Urban Renewal Area shall be divided and a portion
paid into the Iowa City Urban Renewal Tax Increment Revenue Fund.
Project shall mean the construction and operation of the Minimum Improvements on the
Development Property, as described in this Agreement.
State means the State of Iowa.
City -University Proiect 1 Urban Renewal Tax Increment Fund means the special fund of the
City created under the authority of Section 403.19(2) of the Code and the Ordinance, which fund was
created in order to pay the principal of and interest on loans, monies advanced to or indebtedness,
whether funded, refunded, assumed or otherwise, including bonds or other obligations issued under
the authority of Section 403.9 or 403.12 of the Code, incurred by the City to finance or refinance in
whole or in part projects undertaken pursuant to the City -University Project 1 Urban Renewal Plan,
as amended.
Tax Increments means the property tax revenues with respect to the Minimum Improvements
that are divided and made available to the City for deposit in the City -University Project 1 Urban
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Renewal Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the
Ordinance.
Termination Date means the date of termination of this Agreement, as established in Section
12.8 of this Agreement.
Unavoidable Delays means delays resulting fionr acts or occurrences outside the reasonable
control of the party claiming the delay including but not limited to storms, floods, fires, explosions or
other casualty losses, unusual weather conditions, strikes, boycotts, lockouts or other labor disputes,
delays in transportation or delivery of material or equipment, litigation commenced by third parties,
or the acts of any federal, State or local governmental unit (other than the City).
Urban Renewal Plan means the City -University Project 1 Urban Renewal Plan, as amended,
approved in respect of the City -University Project 1 Urban Renewal Area, described in the preambles
hereof.
ARTICLE 11. REPRESENTATIONS AND WARRANTIES
Section 2.1. Representations and Warranties of the City. The City makes the following
representations and warranties:
(a) The City is a municipal corporation and political subdivision organized under the
provisions of the Constitution and the laws of the State and has the power to enter into this
Agreement and carry out its obligations hereunder.
(b) The execution and delivery of this Agreement, the consummation of the transactions
contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this
Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms,
conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or
instrument of whatever nature to which the City is now a parry or by which it is bound, nor do they
constitute a default under any of the foregoing.
Section 2.2. Covenants, Obligations, Representations and Warranties of Developer. The
Developer makes the following representations and warranties:
(a) Developer is a limited liability company duly organized and validly existing under the
laws of the State of Iowa and has all requisite power and authority to own and operate its properties,
to cavy on its business as now conducted and as presently proposed to be conducted, and to enter
into and perform its obligations under the Agreement.
(b) This Agreement has been duly and validly authorized, executed and delivered by the
Developer and, assuming due authorization, execution and delivery by the City, is in fall force and
C-5
effect and is a valid and legally binding instrument of the Developer enforceable in accordance with
its terms, except as the same maybe limited by bankruptcy, insolvency, reorganization or other laws
relating to or affecting creditors' rights generally.
(c) The execution and delivery of this Agreement, the consummation of the transactions
contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this
Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the
terns, conditions or provisions of the certificate of organization and operating agreement of
Developer or its parents or subsidiaries, of any contractual restriction, evidence of indebtedness,
agreement or instrument of whatever nature to which the Developer is now a party or by which it or
its property is bound, nor do they constitute a default under any of the foregoing.
(d) There are no actions, suits or proceedings pending or threatened against or affecting the
Developer in any court or before any arbitrator or before or by any governmental body in which there
is a reasonable possibility of an adverse decision which could materially adversely affect the business
(present or prospective), financial position or results of operations of the Developer or which in any
manner raises any questions affecting the validity of the Agreement or the Developer's ability to
perform its obligations under this Agreement.
(e) Developer has not received any notice from any local, State or federal official that the
activities of Developer with respect to the Development Property may or will be in violation of any
environmental law or regulation (other than those notices, if any, of which the City has previously
been notified in writing). Developer is not currently aware of any State or federal claim filed or
planned to be filed by any party relating to any violation of any local, State or federal environmental
law, regulation or review procedure applicable to the Development Property, and Developer is not
currently aware of any violation of any local, State or federal environmental law, regulation or
review procedure which would give any person a valid claim under any State or federal
environmental statute with respect thereto.
(f) Developer will cooperate with the City in the resolution of any traffic, parking, trash
removal, excessive noise or public safety problems which may arise in connection with the
construction and operation of the Minimum Improvements.
(g) Developer would not undertake its obligations under this Agreement without the
payment by the City of the Economic Development Grants being made to the Developer pursuant to
this Agreement.
(h) The Developer will cause the Minimum Improvements to be constructed in accordance
with the terms of this Agreement and when constructed will comply with the Urban Renewal Plan
and all local, State and federal laws and regulations, except for variances that may be necessary to
construct the Minimum Improvements.
(i) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely
manner, all required permits, licenses and approvals, and will meet, in a timely manner, all
requirements of all applicable local, State, and federal laws and regulations which must be obtained
or met in connection with the Project.
0) The Developer shall not, prior to the expiration of this agreement, cause or voluntarily
permit the Development Property and/or Minimum Improvements to become other than taxable
property by applying for or seeking any industrial property tax exemption, by being owned by a
utility or any other entity of a type where the assessed value of taxable property of such entity is not
treated as located within the Development Property, by being owned by any entity having tax exempt
status or by applying for or seeking for a deferral, abatement or exemption from properly tax
pursuant to any present or future statute or ordinance.
ARTICLE M. DEVELOPMENT AND OCCUPANCY REQUIREMENT
Section 3.1. Minimum Improvements.
The Developer agrees to complete Minimum Improvements to the Development Properly
generally consisting of at least $39,000,000 in project costs, which improvements shall include the
construction of a 15 story 154 -unit apartment building comprised of indoor parking, a retail space,
lobby and 14 floors of residential units, and to provide on-site professional management for the units,
all as more fully described in Exhibit `B" hereto. On January 1, 2017 the construction of the
Minimum Improvements must increase the actual assessed value of the Development Properly to at
least $20,000,000 more than the January 1, 2015 assessment. On January 1, 2016 the partial
construction of the Minimum Improvements must increase the actual assessed value of the
Development Properly to at least $13,200,000 more than the January 1, 2015 assessment.
Section 3.2. Certificate of Completion.
Upon written request of the Developer after issuance of occupancy permit for the Minimum
Improvements the City will furnish the Developer with a Certificate of Completion for such portion
in recordable form, in substantially the form set forth in Exhibit C attached hereto. Such Certificate
of Completion shall be a conclusive determination of satisfactory termination of the covenants and
conditions of this Agreement solely with respect to the obligations of the Developer to construct such
portion of the Minimum Improvements.
A Certificate of Completion may be recorded in the proper office for the recordation of deeds
and other instruments pertaining to the Development Property at the Developer's sole expense. If the
City shall refuse or fail to provide a Certificate of Completion in accordance with the provisions of
this Section 3.2, the City shall within twenty (20) days after written request by the Developer,
provide the Developer with a written statement indicating with adequate detail, in what respects the
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Developer has failed to complete the Minimum Improvements in accordance with the provisions of
this Agreement, or is otherwise in default under the terms of this Agreement, and what measures or
acts will be necessary in the opinion of the City, to obtain such Certificate of Completion.
Section 3.3. Affordable Housing.
Developer agrees to rent five units at rates equal to or less than the HOME Fair Market
Rent established annually by HUD. Rental applications for these units shall include the
applicant's household income and household size and Developer shall verify that the five units
are occupied by households with incomes at or less than 80% of median family income as
calculated under the HUD Part 5 Annual Income definition for that household (24 CFR 5.609).
Five units shall be leased by such income -qualified tenants as described above for an average of
I 1 months per calendar year. (Currently, 80% of the HUD -established Area Median Income is
$44,550 for a 1 -person household and $50,900 for a 2 -person household and the HOME Fair
Market Rent is $558.00 per month for an efficiency, $668 per month for a I bedroom, $851 per
month for a 2 -bedroom and $1,254 per month for a 3 -bedroom). hicome-qualified persons who
are willing to serve as Resident Assistants may be given priority. If the HOME Fair Market Rent
is adjusted by HUD during the rental term (typically one year) for the reduced rent unit, the rent
need not be changed for the duration of the current lease. If at any time during the term of this
Agreement HUD adjusts the fair market rents lower than the rents identified in this Agreement,
the Developer is not required to decrease the rent below the rents identified in this Agreement.
The units need not be "fixed", but rather, can be "floating" such that at any one time during at
least 11 months of every year there are income -eligible tenants occupying five units. The
Developer shall submit, as part of its annual certification pursuant to Section 6.6 of this
Agreement, an annual tenant housing report which, at a minimum, includes statistics relating to
the households being assisted by unit, household size, income, lease dates and rents. Income
documentation must be attached to the report for the five assisted households.
In -lieu of providing an additional l l units of affordable housing, the Developer shall pay City
$450,000 as follows: 18 equal annual payments in the amount of $25,000 beginning November 1,
2018 and ending November 1, 2035.
ARTICLE IV. RESERVED
ARTICLE V. INSURANCE
Section 5.1. Insurance Requirements.
(a) Upon completion of construction of the Minimum Improvements and at all times prior
to the Termination Date, the Developer shall maintain, or cause to be maintained, at its cost and
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expense (and from time to time at the request of the City shall furnish proof of the payment of
premiums on) insurance as follows:
(i) Insurance against loss and/or damage to the Minimum Improvements under a
policy or policies covering such risks as are ordinarily insured through property policies against risk
by similar businesses, including (without limitation the generality of the foregoing) fire, extended
coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris
removal, and collapse in an amount not less than the full insurable replacement value of the
Minimum Improvements, but any such policy may have a deductible amount of not more than
$250,000. No policy of insurance shall be so written that the proceeds thereof will produce less than
the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or
otherwise, without the prior consent thereto in writing by the City. The term "full insurable
replacement value" shall mean the actual replacement cost of the Minimum Improvements
(excluding foundation and excavation costs and costs of underground flues, pipes, drains and other
uninsurable items) and equipment, and shall be determined from time to time at the request of the
City, but not more frequently than once every three years, by an insurance consultant or insurer
selected and paid for by the Developer and approved by the City.
(ii) Comprehensive general public liability insurance, including personal injury
liability for injuries to persons and/or properly in the minimum amount for each occurrence and
for each year of not less than $1,000,000. Any motor vehicles used in operation of the Project by
the Developer or property management company shall have in force motor vehicle liability and
property damage coverage in the minimum amount for each occurrence and for each year of
$1,000,000 for injuries resulting from the operation of automobiles or other motorized vehicles
on or about the Development Property.
(iii) Such other insurance, including worker's compensation insurance respecting all
employees of the Developer, in such amount as is customarily carried by like organizations engaged
in like activities of comparable size and liability exposure; provided that the Developer may be self-
insured with respect to all or any part of its liability for worker's compensation.
(b) All insurance required by this Article V to be provided prior to the Termination Date
shall be taken out and maintained in responsible insurance companies selected by the Developer
which are authorized under the laws of the State of Iowa to assume the risks covered thereby. The
Developer will deposit annually with the City copies of policies evidencing all such insurance, or a
certificate or certificates or binders of the respective insurers stating that such insurance is in force
and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the
insurer shall not cancel or modify it without giving written notice to the Developer and the City at
least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen
(15) days prior to the expiration of any policy, the Developer shall furnish the City evidence
satisfactory to the City that the policy has been renewed or replaced by another policy conforming to
the provisions of this Article V, or that there is no necessity therefor under the terms hereof. In lieu
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of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a
combination thereof, which provide the total coverage required herein, in which event the Developer
shall deposit with the City a certificate or certificates of the respective insurers as to the amount of
coverage in force upon the Minimum Improvements.
(c) The Developer agrees to notify the City immediately in the case of damage exceeding
$250,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof
resulting from fire or other casualty. Net Proceeds of any such insurance shall be paid directly to the
Developer, and the Developer will forthwith repair, reconstruct and restore the Minimum
Improvements to substantially the same or an improved condition or value as they existed prior to the
event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and
restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage
received by the Developer to the payment or reimbursement of the costs thereof.
(d) The Developer shall complete the repair, reconstruction and restoration of the
Minimum Improvements, whether theNet Proceeds of insurance received by the Developer for such
purposes are sufficient.
ARTICLE VI. COVENANTS OF THE DEVELOPER
Section 6.1. Maintenance of Pronerties. The Developer will maintain, preserve and keep
the Minimum Improvements in good repair and working order, ordinary wear and tear excepted, and
from time to time will make all necessary repairs, replacements, renewals and additions.
Section 6.2. Maintenance of Records. The Developer will keep at all times proper
books of record and account in which full, true and correct entries will be made of all dealings
and transactions of or in relation to the business and affairs of the Developer on an income tax
reporting basis, consistently applied throughout the period involved, and the Developer will
provide reasonable protection against loss or damage to such books of record and account.
Section 6.3. Compliance with Laws. The Developer will comply with all laws, rules and
regulations relating to the Minimum Improvements, other than laws, rules and regulations the failure
to comply with which or the sanctions and penalties resulting therefrom, would not have a material
adverse effect on the business, property, operations, or condition, financial or othenvise, of the
Developer.
Section 6.4. Non -Discrimination. In operating the Minimum Improvements, the Developer
shall not discriminate against any applicant, employee or tenant because of race, creed, color,
religion, sex, national origin, sexual orientation, age, disability, marital status or gender identity. The
Developer shall ensure that applicants, employees and tenants are considered and are treated without
regard to their race, creed, color, religion, sex, national origin, sexual orientation, age, disability,
marital status or gender identity.
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Section 6.5. RESERVED.
Section 6.6. Annual Certification. To assist the City in monitoring and performance of the
Developer hereunder, a duly authorized officer of the Developer shall annually provide to the City:
(a) proof that all ad valorem taxes on the Development Property have been paid for the prior fiscal
year; and (b) certification that such officer has re-examined the terms and provisions of this
Agreement and that at the date of such certificate, and during the preceding twelve (12) months, the
Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of this
Agreement and that no Event of Default (or event which, with the lapse of time or the giving of
notice, or both, would become an Event of Default) is occurring or has occurred as of the date of
such certificate or during such period, or if the signer is aware of any such default, event or Event of
Default, said officer shall disclose in such statement the nature thereof, its period of existence and
what action, if any, has been taken or is proposed to be taken with respect thereto. Such statement,
proof and certificate shall be in the form attached hereto as Exhibit D and shall be provided not later
than November I of each year, commencing November 1, 2016, and ending on November 1, 2036
both dates inclusive. Upon certification by the Developer on or before November 1, 2016, the City
will certify to establish a base value as of January 1, 2015.
Section 6.7 Taxation of Development Property. The Developer shall not, prior to the
expiration of this agreement, cause or voluntarily permit the Development Property and/or Minimum
Improvements to become other than taxable property by applying for or seeking any property tax
exemption, by being owned by a utility or any other entity of a type where the assessed value of
taxable property of such entity is not treated as located within the Development Property, by being
owned by any entity having tax exempt status or by applying for or seeking for a deferral, abatement
or exemption from property tax pursuant to any present or future statute or ordinance.
ARTICLE VII. ASSIGNMENT AND TRANSFER
Section 7.1. Status of the Developer; Transfer of Substantially All Assets. As security for the
obligations of the Developer under this Agreement, the Developer represents and agrees that, prior to
the issuance of the Certificate of Completion and prior to the Termination Date, the Developer will
maintain existence as an adequately -capitalized limited liability company and will not wind up or
otherwise dispose of all or substantially all of the Development Property and Minimum
Improvements, or assign its interest in this Agreement to any other party unless (i) the transferee
partnership, corporation, limited liability company or individual assumes in writing all of the
obligations of the Developer under this Agreement and (ii) the City consents thereto in writing in
advance thereof, in which case the Developer may be released of its obligations hereunder.
Notwithstanding the foregoing, however, or any other provisions of this Agreement, (a) Developer
may transfer its interest in and to this Agreement to any affiliate which is controlled by, under
common control with or controls Developer or to any entity that acquires all or substantially all of
the assets of the Developer or to any successor to Developer by consolidation, merger, or otherwise,
and (b) the Developer may (1) pledge any and/or all of its assets as security for any financing of the
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Minimum Improvements; (2) assign its rights under this Agreement to a third party, provided such
assignment shall not release the Developer of its obligations hereunder, and the City agrees in
writing that Developer may assign its interest under this Agreement for such purpose; and (3) the
Developer may transfer its ownership interest to a third -party under an arrangement whereby
Developer will lease the Development Property back and continue to satisfy the requirements of this
Agreement.
ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS
Section 8.1. Economic Development Grants. (a) For and in consideration of the obligations
being assumed by the Developer hereunder, and in furtherance of the goals and objectives of the
Urban Renewal Plan and the Urban Renewal Act, the City agrees to make up to twenty-one (21)
annual Economic Development Grants to the Developer, subject to the Developer having received a
Certificate of Completion and being and remaining in compliance with the terms of this Agreement
and subject to the terms of this Article VIII. The annual grants shall commence on June 1, 2018 and
end on June 1, 2038, or when the total of all grants is equal to $4,700,000 whichever is earlier. Each
annual grant shall be equal to sixty-three percent (63%) per fiscal year of the Tax Increment (unless
the total grant amount of $4,700,000 is reached first) collected by the City with respect to the
Minimum Improvements on Development Property pursuant to Section 403.9 of the Urban Renewal
Act under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized
under Section 403.19 and excluding any interest that may accrue thereon prior to payment to the
Developer) during the preceding twelve-month period in respect of the Development Property and
the Minimum Improvements, but subject to adjustment and conditions precedent as provided in this
Article (such payments being referred to collectively as the "Economic Development Grants").
(b) The obligation of the City to make an Economic Development Grant to the Developer
in any year as specified above shall be subject to and conditioned upon the timely filing by the
Developer of all previous annual statements, proofs and certifications required under Section 6.6
hereof and the City Manager's approval thereof, which will not be unreasonably withheld. Beginning
with the November 1, 2016 certification, if the Developer's annual statement, proof and certification
is timely filed and contains the information required under Section 6.6 and the City Manager
approves of the same, the City shall certify to the County prior to December 1 of that year its request
for the available Tax Increments resulting from the assessments imposed by the County as of January
1 of that year, to be collected by the City as taxes are paid during the following fiscal year and which
shall thereafter be disbursed to the Developer on June 1 of the following fiscal year. (For example, if
the Developer and the City each so certify on November and December 2016, respectively, the first
Economic Development Grant would be paid to the Developer on June 1, 2018).
(c) In the event that the annual statement, proof or certificate required to be delivered by
the Developer under Section 6.7 is not delivered to the City by November 1 of any year, the
Developer recognizes and agrees that the City may have insufficient time to review and approve the
same and certify its request for Tax Increments to the County and that, as a result, no Economic
Development Grant may be made to the Developer in respect thereof. The City covenants to act in
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good faith to appropriately review and consider any late certification on the part of the Developer,
but the City shall not be obligated to make any certification to the County for the available Tax
Increments or make any corresponding payment of the Economic Development Grant to the
Developer if, in the reasonable judgment of the City, it is not able to give appropriate consideration
(which may include, but not be limited to, specific discussion before the City Council at a regular
City Council meeting with respect thereto) to the Developer's certification due to its late filing. In
the event Developer fails to timely file an annual statement, proof or certificate due to an
Unavoidable Delay and, as a result, an Economic Development Grant cannot be make, Developer
may give written notice to the City and, if the City finds that Developer's failure is due to an
Unavoidable Delay, the missed Economic Development Grant shall be made in the year succeeding
the last scheduled Economic Development Grant under Section 8.1, subject to Developer's filing
under Section 6.6 and all other provisions of this Article VIII with respect to such grant, it being the
intention of the parties to allow up to twenty-one (2 1) annual Economic Development Grants in an
aggregate amount not to exceed $4,700,000 if Developer is in compliance with this Agreement.
(d) The total, aggregate amount of all Economic Development Grants under this Agreement
shall not exceed $4,700,000. Each Economic Development Grant shall be equal to sixty-three
percent (63%) of all Tax Increments collected per fiscal year in respect of the assessments imposed
on the Development Property and Minimum Improvements as of January 1, 2016, and on January 1
of each of the following twenty (20) years, until the total, aggregate of all such Economic
Development Grants equals no more than the sum of $4,700,000. The final grant shall be adjusted, if
necessary, if payment of 63% of Tax Increments for that grant would result in total, aggregate
Economic Development Grants in an amount exceeding $4,700,000. Such Econornic Development
Grants shall at all tines be subject to termination in accordance with the terms of this Article VIII
and Article X. Thereafter, the taxes levied on the Development Property and Minimum
Improvements shall be divided and applied in accordance with the Urban Renewal Act and the
Ordinance. It is recognized by all parties that the total aggregate amount set forth above is a
maximum amount only and that the actual payment amounts will be determined after the Minimum
Improvements are completed and the valuations of said Improvements have been determined by the
City Assessor.
(e) In the event that any certificate filed by the Developer under Section 6.6 or other
information available to the City discloses the existence or prior occurrence of an Event of Default
that was not cured or cannot reasonably be cured under the provisions of Section 10.2 (or an event
that, with the passage of time or giving of notice, or both, would become an Event of Default that
cannot reasonably be cured under the provisions of Section 10.2), the City shall have no obligation
thereafter to make any further payments to the Developer in respect of the Economic Development
Grants and may proceed to take one or more of the actions described in Section 10.2 hereof.
Section 8.2. Source of Grant Funds Limited. (a) The Economic Development Grants shall be
payable from and secured solely and only by amounts deposited and held in the 316 MADISON,
LLC TIF Account of the City. The City hereby covenants and agrees to maintain the Ordinance in
force during the term hereof and to apply the incremental taxes collected in respect of the Minimum
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Improvements and allocated to the 316 MADISON, LLC TIF Account to pay the Economic
Development Grants, as and to the extent set forth in Section 8.1 hereof. The Economic
Development Grants shall not be payable in any maturer by other tax increment revenues or by
general taxation or from any other City funds.
(b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no obligation
to make an Economic Development Grant to the Developer if at any time during the term hereof the
City receives an opinion of its legal counsel or a controlling decision of an Iowa court having
jurisdiction over the subject matter hereof to the effect that the use of Tax Increments resulting from
the Minimum Improvements to fund an Economic Development Grant to the Developer, as
contemplated under said Section 8. 1, is not authorized or otherwise an appropriate project activity
permitted to be undertaken by the City under the Urban Renewal Act or other applicable provisions
of the Code, as then constituted. Upon receipt of such an opinion or decision, the City shall
promptly forward a copy of the same to the Developer. If the circumstances or legal constraints
giving rise to the opinion or decision continue for a period during which hvo (2) Economic
Development Grants would otherwise have been paid to the Developer under the terms of Section
8. 1, the City may terminate this Agreement, without penalty or other liability to the Developer, by
written notice to the Developer.
(c) The City makes no representation with respect to the amounts that may finally be paid to
the Developer as the Economic Development Grants, and under no circumstances shall the City in
any manner be liable to the Developer so long as the City timely applies the Tax Increments actually
collected and held in the 316 MADISON, LLC TIF Account (regardless of the amounts thereof) to
the payment of the Economic Development Grants to the Developer, as and to the extent described in
this Article.
Section 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City shall be fiee to
use any and all Tax Increments collected in respect of increases in valuation on the Development
Property unrelated to construction of the Minimum Improvements (i.e. increases in assessed or actual
value due to market factors) any other properties within the Project Area, or any available Tax
Increments resulting from the suspension or termination of the Economic Development Grants under
Section 8.1 hereof, for any purpose for which the Tax Increments may lawfully be used pursuant to
the provisions of the Urban Renewal Act, and the City shall have no obligations to the Developer
with respect to the use thereof,
ARTICLE IX. INDEMNIFICATION
Section 9.1. Release and Indemnification Covenants.
(a) The Developer releases the City and the governing body members, officers, agents,
servants and employees thereof (hereinafter, for purposes of this Article DC, the "indemnified
parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to
indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property
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or any injury to or death of any person occurring at or about or resulting from any defect in the
Minimum Improvements.
(b) Except for any willful misrepresentation or any willful or wanton misconduct or any
unlawful act of the indemnified parties, the Developer, or its successors or assigns, agrees to protect
and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties
harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or
entity whatsoever arising or purportedly arising fiom (i) any violation of any agreement or condition
of this Agreement (except with respect to any suit, action, demand or other proceeding brought by
the Developer against the City to enforce his rights under this Agreement), (ii) the acquisition and
condition of the Development Property and the construction, installation, ownership, and operation
of the Minimum Improvements or (iii) any hazardous substance or environmental contamination
located in or on the Development Property relating to conditions caused by Developer after the
effective date of this Agreement.
(c) The indemnified parties shall not be liable for any damage or injury to the persons or
property of the Developer or its officers, agents, servants or employees or any other person who may
be on or about the Minimum Improvements due to any act of negligence of any person, other than
any act of negligence on the part of any such indemnified party or its officers, agents, servants or
employees.
(d) All covenants, stipulations, promises, agreements and obligations of the City contained
herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the
City, and not of any governing body member, officer, agent, servant or employee of the City in the
individual capacity thereof.
(e) The provisions of this Article Dt shall survive the termination of this Agreement.
ARTICLE X. DEFAULT AND REMEDIES
Section 10.1. Events of Default Defined. The following shall be "Events of Default' under
this Agreement and the term 'Event of Default' shall mean, whenever it is used in this Agreement,
any one or more of the following events:
(a) Failure by the Developer to cause the construction of the Minimum Improvements to be
commenced and completed pursuant to the terms, conditions and limitations of Article III of this
Agreement;
(b) Transfer of any interest in this Agreement or the assets of the Developer in violation of
the provisions of Article VII of this Agreement;
(c) Failure by the Developer to substantially observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this Agreement;
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(d) If the holder of any Mortgage on the Development Property, or any improvements
thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under
the applicable Mortgage documents;
(e) If the Developer shall:
(A) file any petition in bankruptcy or for any reorganization, arrangement,
composition, readjustment, liquidation, dissolution, or similar relief under the United States
Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or
(B) make an assignment for the benefit of its creditors; or
(C) admit in writing its inability to pay its debts generally as they become due; or
(D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the
adjudication of the Developer as a bankrupt or its reorganization under any present or future federal
bankruptcy act or any similar federal or state law shall be filed in any court and such petition or
answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver,
trustee or liquidator of the Developer or the Minimum Improvements, or part thereof, shall be
appointed in any proceedings brought against the Developer, and shall not be discharged within
ninety (90) days after such appointment, or if the Developer shall consent to or acquiesce in such
appointment; or
(f) If any representation or warranty made by the Developer in this Agreement, or made by
the Developer in any written statement or certificate furnished by the Developer pursuant to this
Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on
or as of the date of the issuance or making thereof.
Section 10.2. Remedies on Default. Whenever any Event of Default referred to in Section
10.1 of this Agreement occurs and is continuing, the City, as specified below, may take any one or
more of the following actions after (except in the case of an Event of Default under subsections (d)
or (e) of said Section 10.1 in which case action may be taken immediately) the giving of thirty (3 0)
days' written notice by the City to the Developer and the holder of the First Mortgage (but only to the
extent the City has been informed in writing of the existence of a First Mortgage and been provided
with the address of the holder thereof) of the Event of Default, but only if the Event of Default has
not been cured within said thirty (30) days, or if the Event of Default cannot reasonably be cured
within thirty (30) days and the Developer does not provide assurances reasonably satisfactory to the
City that the Event of Default will be cured as soon as reasonably possible:
(a) The City may suspend its performance under this Agreement until it receives
assurances fiom the Developer, deemed adequate by the City, that the Developer will cure its default
and continue its performance under this Agreement;
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(b) The City may terminate this Agreement;
(c) The City may withhold the Certificate of Completion;
(d) The City may take any action, including legal, equitable or administrative action, which
may appear necessary or desirable to enforce performance and observance of any obligation,
agreement, or covenant of the Developer, as the case may be, under this Agreement; or
(e) The City shall be entitled to recover fi•om the Developer, and the Developer shall re -pay
to the City, an amount equal to the most recent Economic Development Grant previously made to the
Developer under Article VIII hereof, and the City may take any action, including any legal action it
deems necessary, to recover such amount from the Developer.
Section 10.3. No Remedy Exclusive. No remedyherein conferred upon orreserved to the City
is intended to be exclusive of any other available remedy or remedies, but each and every remedy
shall be cumulative and shall be in addition to every other remedy given under this Agreement or
now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right
or power accruing upon any default shall impair any such right or power or shall be construed to be a
waiver thereof, but any such right and power may be exercised fi•om time to time and as often as may
be deemed expedient.
Section 10.4. No Implied Waiver. In the event any agreement contained in this Agreement
should be breached by any party and thereafter waived by any other patty, such waiver shall be
limited to the particular breach so waived and shall not be deemed to waive any other concurrent,
previous or subsequent breach hereunder.
Section 10.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of
Default occurs and the party who is not in default shall employ attorneys or incur other expenses for
the collection of payments due or to become due or for the enforcement or performance or
observance of any obligation or agreement on the part of the party in default herein contained, the
party in default agrees that it shall, on demand therefor, pay to the party not in default the reasonable
fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by
the patty not in default in connection therewith.
ARTICLE XI. OPTION TO TERMINATE AGREEMENT
Section 11.1. Option to Terminate. This Agreement may be terminated by the Developer if (i)
the Developer is in compliance with all material terms of this Agreement and no Event of Default
has occurred which has not been cured in accordance with the provisions of Section 10.2 hereof; and
(ii) the City fails to comply with any material term of this Agreement, and, after written notice by the
Developer of such failure, the City has failed to cure such noncompliance within thirty (30) days of
receipt of such notice, or, if such noncompliance cannot reasonably be cured bythe City within thirty
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(30) days of receipt of such notice, the City has not provided assurances reasonably satisfactory to
the Developer that, such noncompliance will be cured as soon as reasonably possible.
Section 11.2. Effect of Termination. If this Agreement is terminated pursuant to this Article
XI, this Agreement shall be from such date forward null and void and of no further effect; provided,
however, that the City's rights to indemnification under Article IX hereof shall in all events survive
and provided further that the termination of this Agreement shall not affect the rights of any party to
institute any action, claim or demand for damages suffered as a result of breach or default of the
terms of this Agreement by another party, or to recover amounts which had accrued and become due
and payable as of the date of such termination. In any such action, the prevailing party shall be
entitled to recover its reasonable attorney's fees and related expenses incurred in connection
therewith (but only, in the case of the City, to the extent permitted by applicable law). Upon
termination of this Agreement pursuant to this Article XI, the Developer shall be free to proceed with
the construction and operation of the Minimum Improvements at its own expense and without regard
to the provisions of this Agreement.
ARTICLE XII. MISCELLANEOUS
Section 12.1. Conflict of Interest. The Developer represents and warrants that, to its best
knowledge and belief after due inquiry, no officer or employee of the City, or its designees or agents,
nor any consultant or member of the governing body of the City, and no other public official of the
City who exercises or has exercised any functions or responsibilities with respect to the Project
during his or her tenure, or who is in a position to participate in a decision-making process or gain
insider information with regard to the Project, has had or shall have any interest, direct or indirect, in
any contract or subcontract, or the proceeds thereof, for work or services to be performed in
connection with the Project, or in any activity, or benefit therefiom, which is part of the Project at
any time during or after such person's tenure.
Section 12.2. Notices and Demands. A notice, demand or other communication under this
Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by
registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and
(a) hi the case of the Developer, to Joe Clark and Charlie Graves, 316 MADISON,
LLC, 310 E. Burlington St. #10, Iowa City, Iowa 52240.
(b) In the case of the City, to City Hall, 410 E. Washington Street, Iowa City,
Iowa, 52240, Attn: City Manager;
or to such other designated individual or to such other address as any party shall have furnished to
the other in writing in accordance herewith.
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Section 12.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in
construing or interpreting any of its provisions.
Section 12.4. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute one and the same instrument.
Section 12.5. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Iowa.
Section 12.6. Entire Agreement. This Agreement and the exhibits hereto reflect the entire
agreement between the parties regarding the subject matter hereof, and supersedes and replaces all
prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be
amended except by a subsequent writing signed by all parties hereto.
Section 12.7. Successors and Assigns. This Agreement is intended to and shall inure to the
benefit of and be binding upon the parties hereto and their respective successors and assigns.
Section 12.8. Termination Date. This Agreement shall terminate and be of no further force or
effect on and after June 1, 2038, or upon final payment of the Economic Development Grants,
whichever is sooner.
Section 12.9 Recording. This Agreement shall be recorded at the Johnson County Recorder's
Office, Iowa City, within 30 days of execution at the expense of the Developer.
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name
and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the
Developer has caused this Agreement to be duly executed in its name and behalf by 316 MADISON,
LLC.
ATTEST`' }/
City'Clerk
CITY OF IOWA CITY, IOWA
Ey. 4e� tel /1
Mayor
Approved by:
City Attorney
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316
By:
By:
STATE OF IOWA
COUNTY OF JOHNSON
CITY OF IOWA CITY
On this 23 day of ke b2L6x 20 /b, before me a Notary Public in and
for said County, personally appeared Matthew Y Hayek and Marian K. Karr, to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the
City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of
Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation,
and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority
and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be
the free act and deedkpfrsaicLMunici� LCoWration by it voluntarily executed.
_ I Fny com%iissii n Expires I A��& 6-� � 14*�
7 Al Notary Public in and for the State of Iowa
STATE OF )
) SS
COUNTY OF ) 9—
This instrument was acknowledged before me on this (/" l -day of P— bN11j12015, by
G. �,�T_oseph Gi _rn n, -r eg GraNrass manager of 316 MADISON, LLC
Notary Public in and for the State of Iowa
KATHLEEN M THORNTON
q^'�Q Commission Number 764003
My Commission Expires
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EXHIBIT A
DEVELOPMENT PROPERTY
The Development Property is described as consisting of all that certain parcel or parcels of
land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described
as follows:
All of Lot 7 and the north five feet of Lot 6, in Block 93 in Iowa City, Iowa,
according to the recorded plat thereof.
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MINIMUM IMPROVEMENTS
The Developer agrees to complete Minimum Improvements to the Development Property
generally consisting of at least $39,000,000 in project costs, which improvements shall include the
construction of a 15 story 154 -unit apartment building comprised of indoor parking, a retail space,
lobby and 14 floors of residential units, and to provide on-site professional management for the units.
On January 1, 2017 the construction of the Minimum hnprovements must increase the actual
assessed value of the Development Property to at least $20,000,000 more than the January 1, 2015
assessment. On January 1, 2016 the partial construction of the Minimum Improvements must
increase the actual assessed value of the Development Propertyto at least $13,200,000 more than the
January 1, 2015 assessment.
Developer agrees to rent five units at rates equal to or less than the HOME Fair Market
Rent established annually by HUD. Rental applications for these units shall include the
applicant's household income and household size and Developer shall verify that the five units
are occupied by households with incomes at or less than 80% of median family income as
calculated under the HUD Part 5 Annual Income definition for that household (24 CFR 5.609).
Five units shall be leased by such income -qualified tenants as described above for an average of
11 months per calendar year. (Currently, 80% of the HUD -established Area Median Income is
$44,550 for a 1 -person household and $50,900 for a 2 -person household and the HOME Fair
Market Rent is $558.00 per month for an efficiency, $668 per month for a 1 bedroom, $851 per
month for a 2 -bedroom and $1,254 per month for a 3 -bedroom). Income -qualified persons who
are willing to serve as Resident Assistants may be given priority. If the HOME Fair Market Rent
is adjusted by HUD during the rental term (typically one year) for the reduced rent unit, the rent
need not be changed for the duration of the current lease. If at any time during the term of this
Agreement HUD adjusts the fair market rents lower than the rents identified in this Agreement,
the Developer is not required to decrease the rent below the rents identified in this Agreement.
The units need not be "fixed", but rather, can be "floating" such that at any one time during at
least I 1 months of every year there are income -eligible tenants occupying five units. The
Developer shall submit, as part of its annual certification pursuant to Section 6.6 of this
Agreement, an annual tenant housing report which, at a minimum, includes statistics relating to
the households being assisted by unit, household size, income, lease dates and rents. Income
documentation must be attached to the report for the five assisted households.
C-22
hr -lieu of providing an additional 11 units of affordable housing, the Developer shall pay City
$450,000 as follows: 18 equal annual payments in the amount of $25,000 beginning November 1,
2018 and ending November 1, 2035.
There shall be areas for secure bicycle storage of at least 100 bicycles within the building and
two bicycle racks outside the building.
There shall be at least 1300 square feet of"net leasable area" for retail use on the first floor of
the building. "Net leasable area" shall mean the actual square -footage that is leased to tenants and on
which the rental payments are computed.
There shall be an enforceable 24/7 on-site professional management and security plan, which
includes, but is not limited to:
1. On-site professional office manager in lobby of building who will be available during
regular business hours and on-call 24 hours a day, 7 days a week for emergency situations.
2. Resident Assistants (RAs): There shall be a minimum of 2 individuals living on-site who
will assist residents with on-site issues after business hours within the building.
3. On-site professional maintenance staff available daily and on-call 24 hours a day, 7 days a
week for emergency situations.
4. Desk attendants working at the front desk after regular business hours to assist with minor
tasks as necessary.
5. Security cameras will be professionally installed throughout the complex (inside and
outside). Digital recording will be kept for up to 30 days. Restrictive entries will be installed to
limit visitors from entering the premises after regular business hours without permission from
residents.
6. Security personnel will patrol the property on weekend nights if necessary
7. Balcony rules will be in place at all times to prevent large gatherings from taking place.
Exterior cameras will be strategically placed to monitor the use of the balconies.
8. Quiet hours will be in place throughout the building to keep the noise levels to a minimum
for the peaceful enjoyment of all residents.
A written on-site professional management and security plan must be approved by the City
Manager or designee prior to issuance of a building permit. The City shall be entitled to inspect the
property to verify compliance with the approved management plan. The City may require changes to
the management plan that the City deems necessary to address any nuisance or life/safety issues.
C-23
The following additional amenities that create a high quality living environment must be
provided:
1. Higher end interiors
2. Two (2) oversized & high-speed elevators available 24 hours a day
3. Units furnished with basic furniture such as beds, couches, coffee tables, chests of
drawers and chaos
4. Community areas
A. Open first floor lobby
B. Study Lounge/Computer Lab
C. Movie Room/Gaming Center
D. Fitness Room/Yoga Area/Exercise Flex Space
E. Community Lounge with Vending
F. Outdoor Roof Top patio
G. Mezzanine Lounge
H. Oh floor Sun Deck
I. Full size Washers and Dryers (stackable in studios)
J. High speed Internet infrastructure in each unit
K. Wireless Internet in designated common areas/lobby
L. Cable or Dish infrastructure in each unit
M. Balconies
N. Walk-in closets in bedrooms with the exception of efficiency units.
The building shall be constructed in conformity with the conceptual rendering of the exterior
and the plans for the roof level, Level 1, Level 2 and Level 6 (6`h floor sun deck) attached hereto as
Exhibit "E".
The building will be designed and constructed to be equivalent to LEED Gold Standards. The
Developer's registered and LEED-certified architect must verify that the building has been
constructed to meet LEED Gold standards, and said verification must be satisfactory to City prior to
issuance of an occupancy permit. A list of the point calculation based on actual on-site achievements
will be submitted for City review. The design shall include the following sustainability features:
C-24
1. Density and connectivity to community
2. Minimum energy performance for mechanical, electrical & plumbing
3. Collection of recyclables
4. Water use reduction
5. Construction waste management
6. Tobacco smoke control
7. Enhanced indoor air quality (IAQ)
8. Low emitting materials
9. Interior lighting and controls
10. Daylight and view opportunities within the space
11. Acoustic performance between hallway and residential spaces maintained.
C-25
EXHIBIT C
CERTIFICATE OF COMPLETION
WHEREAS, the City of Iowa City, Iowa (the "City") and 316 MADISON, LLC, having an
office for the transaction of business at , Iowa City, Iowa 52245 (the
"Developer"), did on or about the day of January, 2015, make, execute and deliver, each to
the other, an Agreement for Private Redevelopment (the "Agreement"), wherein and whereby the
Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain
improvements on real property located within the City and as more particularly described as follows:
WHEREAS, the Agreement incorporated and contained certain covenants and restrictions with
respect to the development of the Development Property, and obligated the Developer to construct
certain Minimum Improvements (as defined therein) in accordance with the Agreement; and
WHEREAS, the Developer has to the present date performed said covenants and conditions
insofar as they relate to the construction of said Minimum Improvements in a manner deemed by the
City to be in conformance with the approved building plans to permit the execution and recording of
this certification.
NOW, THEREFORE, pursuant to Section 3.2 of the Agreement, this is to certify that all
covenants and conditions of the Agreement with respect to the obligations of the Developer, and its
successors and assigns, to construct the Minimum Improvements on the Development Property have
been completed and performed by the Developer and are hereby released absolutely and forever
terminated insofar as they apply to the land described herein. The County Recorder of Johnson
County is hereby authorized to accept for recording and to record the filing of this instrument, to be a
conclusive determination of the satisfactory termination of the covenants and conditions of said
Agreement with respect to the construction of the Minimum Improvements on the Development
Property.
All other provisions of the Agreement shall otherwise remain in full force and effect until
termination as provided therein.
(SEAL) CITY OF IOWA CITY, IOWA
ATTEST:
0
Mayor
C-26
City Clerk
CITY OF IOWA CITY
STATE OF IOWA
COUNTY OF JOHNSON
On this day of 20 , before me a Notary Public in and
for said County, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally
known, who being duly swom, did say that they are the Mayor and City Clerk, respectively of the
City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of
Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation,
and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority
and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be
the free act and deed of said Municipal Corporation by it voluntarily executed.
Notary Public in and for the State of Iowa
C-27
EXHIBIT D
ANNUAL CERTIFICATION
Date:
(due annually no later than November 1)
I, , the undersigned, having knowledge of the Developer's Agreement between the
City of Iowa City and 316 MADISON, LLC, dated , 2015, and the operations of the
Development Property, hereby certify the following;
1. All ad valorem taxes on the Development Property have been paid for the prior fiscal year,
as evidenced by the attached documentation; and
2. (A) I have re-examined the terms and provisions of the Development Agreement and can
affirm that during the preceding twelve (12) months, the Developer is not, or was not, in default in
the fulfillment of any of the terms and conditions of said Agreement (including but not limited to the
occupancy requirements of Section 3.3 thereto and the requirements set forth at Exhibit `B") and that
no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would
become an Event of Default) is occurring or has occurred as of the date of this certificate.
OR
(B) the undersigned has re-examined the terms and provisions ofthe Development Agreement
and that at the date of this certificate, the undersigned is aware that the Developer is in default of the
Agreement for the following reasons:
; that the default
has existed since (date); and that the Developer is taking or proposes to take the
following action with respect thereto:
3. In the past year, five units were leased to income -qualified tenants as described in the
Agreement for an average of 11 months per calendar year at no more than the HOME Fair Market
Rent established by HUD. Attached is the annual tenant report which details the units, household
size, income, lease dates and rents. Income documentation must be attached to the report for the five
assisted households.
4. The annual payment in—lieu-of affordable housing in the amount of $25,000 due on
November 1, has been paid to the City.
C-28
EXHIBIT E
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C-30
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C-33
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^`t6a-6*� CITY OF IOWA CITY
MEMORANDUM
Date: 2/17/15
To: Tom Markus, City Manager
From: Jeff Davidson, Economic Development Administrator
Wendy Ford, Economic Development Coordinator
Re: February 23, 2015 City Council meeting; 316 Madison LLC request for financial
assistance
ml�
Charlie Graves and Joe Clark, representing 316 Madison LLC, have proposed a $40 million
multi-family/student housing project at 316 South Madison Street. The proposal is for a 15 story
apartment building that was a former car repair business. Attached is the staff report which
went to the City Council Economic Development Committee on January 12, 2015. It includes
an innovative method of generating the TIF increment for the project which was negotiated with
the developer.
The proposed project was approved by the City Council EDC for a $4.7 million TIF rebate at the
January 12 meeting on a vote of 3-0. It is on the February 23 City Council meeting agenda for
consideration by the full City Council.
There is one significant change to the project which is not included in the attached EDC staff
report because it was presented by the developer at the January 12 EDC meeting. Although
the project proposal was completed prior to Council's consideration of affordable housing in the
Riverfront Crossings District at the January 6 City Council Work Session, the developer has
elected to voluntarily comply with the affordable housing provision Council agreed to on January
6. Their proposal was presented by the developer to the EDC on January 12, and incorporated
into EDC's recommendation to the City Council.
What the developer has agreed to provide is a mix of affordable units and fees in lieu of
affordable units equivalent to 10% of the project unit count, or 16 units. 5 units in the building
will be rented at rates less than or equal to the HOME Fair Market Rent established annually by
HUD for a one bedroom unit, which currently is $668 per month. Verification of income eligibility
shall ensure that the units are rented to households with incomes at or less than 80% of
Johnson County median family income.
For the remaining 11 units a calculation has been made of the rental income differential
between market rate units and HOME Fair Market Rent units over the TIF rebate period. This
equates to $450,000, which the developer has agreed to pay as a fee over the TIF rebate period
which can be used for affordable housing. We have negotiated that this amount will be funded
partly from the developer's development fee, and partly by increasing the financial gap on the
project, from $4.45 million to $4.7 million. This increases the TIF rebate period from 20 years to
21 years.
Staff will be present at the February 23 City Council meeting to answer any questions.
$IIIat
A AEI"., CITY OF IOWA CITY
.
CITY of lows CIN MEMORANDUM
UNESCO CITY OF LITERATURE
Date: December 31, 2014
To: City Council Economic Development Committee
From: Wendy Ford, Economic Development Coordinator
Jeff Davidson, Economic Development Administrator
Re: Consider a request for financial assistance from 316 Madison LLC for the 316
Madison project
Charlie Graves and Joe Clark, representing 316 Madison, LLC, are proposing a $40 million
multi-family/student housing project at 316 Madison Street. They propose a 15 story apartment
building on a lot that was a former car repair business. The building is intended primarily for the
student market, but will be designed with amenities suitable for the young professional market
as well. Earth work is scheduled to start in February 2015 with construction complete in July
2016 for fall occupancy.
The Riverfront Crossings form based code offers incentives that leverage the public benefits of
increased density and reduced carbon footprint. The developers seek to add these public
benefits to their project, and because they add significant cost to the project, they are also
requesting financial assistance in the form of a partial TIF rebate totaling $4.45 million.
The Riverfront Crossings Master Plan envisions the optimal land use on this site as residential
because of its close proximity to the University and to downtown. The developers desire to
maximize the potential of the site using incentives available in the Riverfront Crossings form
based code. They have been granted a height bonus that is available specifically for creating
quality student housing (5 additional stories) and for leadership in energy and environmental
design (2 additional stories). The public benefits associated with these incentives will a) relieve
pressure on close -in neighborhoods for student rental housing and b) build in greater
sustainability measures than would otherwise be required.
The developers state that even though they have been granted the height bonus, they will be
forced to proceed with a 5 story student apartment building if a partial TIF is not approved. In
exchange for approving the partial TIF rebate, they propose a scenario where property taxes
equal to those generated by a new 5 story apartment building would flow to the City, County and
School district as though a 5 story building had been constructed on the site without financial
assistance from the City. The protected debt levy would also flow to the taxing entities.
The additional TIF increment beyond a 5 story building would be rebated over a 20 year period
for the proposed 15 story project. The result is that by participating in a higher value project with
TIF rebates, the property tax generated by the property in the future will be more than 3 times
higher than for a typical 5 story student housing project. Further, during the TIF rebate period,
property taxes will continue to flow to the taxing entities at the rate of $200,000+ per year.
Property taxes generated by the former car repair use generated approximately $7,000 per
year.
City of Iowa City
Page 2
$600,000.00 .,
_- .._ .... ...... -.._ - _.. _
316 Madison TIF Finance modes
Partial TIF of newtaxes on 15 story building
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revenue equal to mid -rise unassisted 5 story project.
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Beginning year: $112,000;year 20:$318,000,
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1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17
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Background
The building is designed to offer 154 fumished apartment units for rent consisting of 53 studios,
16 one -bedrooms, 77 two -bedrooms, and 8 three-bedroom apartments, for a total of 247
bedrooms. While the height bonus was granted in part because the building would offer high
quality private sector student housing, it will be constructed and managed in a way that will also
be attractive to graduate students and young professionals.
The building has high quality architectural features that will complement the architecture of the
UI Recreation and Wellness Center across the street to the west. The lobby will be a welcoming
gathering place and serve as the nerve center for the building, including the offices of the 24/7
management staff and the mail room. The first floor will also include a small retail area that will
be targeted for a coffee shop.
The 5 story height bonus granted for student housing requires the developer to provide both
interior and exterior shared open space amenities that are generally not included in other Iowa
City student apartments. This project has several such features including an outdoor rooftop
patio, a sun deck at the 6m floor level, a large lobby, study lounges, computer labs, and a
movie/gaming room. Additionally, because of the total number of bedrooms, the developers are
required to hire professional managers to be on duty 24/7. This is not required of developments
not seeking height bonuses.
City of Iowa City
Page 3
The 2 story height bonus granted for leadership in energy and environmental design, also
known as LEED, was based on the developer achieving an equivalent of LEED Gold
certification. The site on Madison Street is well-suited to earn LEED points, including that its
location promotes bicycle and pedestrian travel and it is on a bus route. Additionally, the project
will use fixtures that ensure greater efficiency in water use, heating, ventilation and air
conditioning. Building to LEED Gold standards will increase the expense of the project. While it
can be said to pay for itself over the long haul, the up -front costs to build to LEED Gold can add
upwards of 20% to project costs.
The National Development Council (NDC) has reviewed the project development costs and the
revenue and expense pro forma and substantiates a financial gap of $4.45 million The financial
elements scrutinized in the analysis are summarized in the attached NDC report. Bank financing
of $25.02 million plus developer equity of $10.65 million will provide 89% of the project
financing, with TIF rebates covering the remaining 11%.
TIF rebates preferred
The 2014 City of Iowa City Economic Development Policy states that for development projects
seeking financial assistance, rebates, as opposed to cash up front, shall be highly
preferable. The developers of this project have requested only a portion of the available TIF
increment to acknowledge that a mid -rise building could happen without financial assistance.
The TIF assistance would occur as a rebate over a 20 year period.
The City Council Adopted Strategic Plan
The 316 Madison project aligns with three of the City Council's stated goals of being more
inclusive and sustainable by building healthy neighborhoods, creating a strong urban core and
fostering economic development.
Healthy Neighborhoods
The proposed project is a part of the Riverfront Crossings South Downtown Subdistrict. This
subdistrict is intended to introduce high density housing options that will link the downtown and
south downtown areas with the lower density portions of Riverfront Crossings including the Park
District. Retail uses that support the residences in the area will be incorporated into mixed use
buildings. Proximity to trails, fitness facilities, University facilities, mass transit and downtown
add to the appeal of the project as the highest and best use for the parcel.
Creating a Strong Urban Core
The project site is adjacent to downtown and walkable to east side employment and
entertainment destinations. It is less than a mile from the west side campus employment center
with many transit options available.
Solid Financial Foundation and Strategic Economic Development Activities
The project would add significant value to the Iowa City property tax base, generating property
taxes in excess of $400,000 in year one. This compares favorably to the existing property tax
City of Iowa City
Page 4
generation of less than $7,000 per year and that of a mid -rise student housing development of
$112,000 per year. Leveraging the benefits of a long term property tax base increase for the
short term financial assistance is a strategic economic development activity that enhances the
City's financial foundation.
Economic Development Policies
The 2014 Economic Development Policies state: It shall be the policy of the City of Iowa City to
use the City Council Strategic Plan as the basis for its economic development
activities. Inherent in the plan is to attract new development including residential, commercial
and industrial uses to grow the tax base.
The 2014 Economic Development Policies establish minimum standards required of developers
to be eligible for public financing. Developers must achieve at least some of the standards. The
elements of this project meeting those standards include:
0 The project must have high quality architectural and site design.
The proposed project is designed by Entasis Design - Architects of Concord, North
Carolina. It is a unique design for private sector student housing in Iowa City and will
provide a high quality living environment for students, grad students and young
professionals.
• Projects must be energy efficient and offer sustainability features above and beyond the
required building code.
In order to be granted their height bonus, the developers have agreed to construct the
project to LEED Gold standards.
• Redevelop an underutilized or blighted property.
The property was due for redevelopment as it had been the location of a car repair shop
for decades. While the property was in good condition, it was under-utilized given the
proximity to the expanding University campus, and meets the State Code definition of
blight.
• Developer equity must meet or exceed the financial request from the City.
For the $40 million project, developer equity is projected at $10.6 million; TIF rebates
requested total $4.45 million; and bank loans comprise $25 million.
• Achieve public purposes as detailed in the Comprehensive Plan, Urban Renewal Area
Plan, and City Council Strategic Plan.
The project is consistent with the Riverfront Crossings Master Plan and Form Based
Code, the City -University Urban Renewal Area Plan, and the City Council Strategic Plan.
Because the project sought and was granted height bonuses, it has exceeded certain
expectations of public benefit, such as providing relief to the pressure on existing older
City of Iowa City
Page 5
neighborhoods for student housing. It will provide high quality living accommodations for
students and other members of the community and provide sustainability measures to
reduce the carbon footprint of a high density residential building.
Summary
316 Madison LLC has requested City financial assistance in the amount of $4.45 million to build
a 154 unit mixed use multifamily high rise residential building for students, graduate students
and young professionals. The total estimated construction expense of the development is $40
million.
The proposed project is consistent with the Riverfront Crossings Master Plan. The financial gap
of $4.45 million has been substantiated by the National Development Council and would be
structured into a partial TIF rebate scheduled for 20 years. This represents 11% of the
estimated project cost. As proposed, during the rebate period an amount of property taxes
equal to a 5 story mid -rise apartment building plus the protected debt levy on the new valuation
would flow to the City, County and School District for a total estimated at $213,000 annually
during the TIF rebate period. At the end of the rebate period, the full annual property tax amount
estimated at $518,000 will accrue to the taxing entities. The property currently generates less
than $7,000 annually in property tax revenue.
The conditions under which the Developer was granted height bonuses will be included in the
Development Agreement as requirements for the receipt of TIF rebates. This will provide an
additional mechanism for enforcement of those conditions.
Recommendation
Staff recommends approval of the City's financial participation in the form of partial TIF rebates,
not to exceed $4.45 million.
The View at 316 - 316 Madison Street, Iowa City, IA
Please accept this letter as a formal request for Tax Increment Financing for the
redevelopment of a .29 acre parcel at 316 Madison Street, Iowa City, into a quality
Student Housing high-rise with over 162,000 sq. ft. of professionally managed
residential and commercial space. This parcel has been recently rezoned to Riverfront
Crossings South Downtown District. The project is estimated to cost in the upwards of
$40 million, and is requesting $4.45 million in TIF Rebates to be distributed over 20
years. There will be no request for upfront TIF Financing from the City on this
project.
Our project at 316 Madison is a fifteen story urban infill building that will provide a
public benefit by alleviating the rental housing pressure on the outside neighborhoods
closest to downtown by offering 154 units with 247 bedrooms in an appropriate
setting immediately adjacent to campus. With the University of Iowa predicting a
raise in the enrollment over the next couple of years by thousands of students, the
completion date for this project in July 2016 could not be at a better time!
The unit mix consists of mostly studios (53) and two bedrooms (77), with a fewer
number of one bedrooms (16) and three bedrooms (8). A retail space on the first floor
will be approximately 1300 square feet and will be an integral part of the building
dynamics (coffee shop, restaurant, high-end retail). The unit types will target not only
undergraduate students, but also graduate students, faculty/staff, and young working
professionals (workers from the UI Hospitals and Clinics, Dental School, Law school,
Pharmacy School, Nursing School, etc.).
Some of the key points of our Sustainability in Energy and Environmental Design
include:
1. Density and connectivity to community
2. High energy performance for mechanical, electrical & plumbing
3. Collection of recyclables
4. Water use reduction
5. Construction waste management
6. No Smoking environment
7. Enhanced indoor air quality (IAQ)
8. Low emitting materials
9. Design interior lighting and controls
10. Design daylight and view opportunities within the space
11. ZIP cars as transportation alternative — fills transportation gap (optional)
12.Maintain acoustic performance between hallway and residential spaces
Some of the key points of our Professional Property Management plan include:
1. On-site Professional Office Manager in lobby of building will be available
during regular business hours and on-call 24 hours a day, 7 days a week for
emergency situations.
2. Resident Assistants (RAs) — 2 to 5 individuals will be hand chosen by upper
management to assist residents with on-site issues after business hours within
the building. RAs will wear many hats including an educator, counselor,
resource person, administrator, disciplinarian & role model.
3. On-site Professional Maintenance staff available daily and on-call 24 hours a
day, 7 days a week for emergency situations.
4. Desk Attendants (RAs would be hired) could be asked to work at the front desk
after regular business hours to assist with minor tasks.
5. Security Cameras will be professionally installed throughout the complex (both
inside and outside). Digital recording will be kept for up to 45 days.
Restrictive entries will be installed to limit visitors from entering the premises
without permission from residents.
6. Security Personnel could be asked to patrol the property on weekend nights if
necessary
7. Strictly enforced balcony rules will be in place at all times to prevent large
gatherings from taking place. Exterior cameras will be strategically placed to
monitor the use of the balconies.
8. Quiet hours will be in place throughout the building to keep the noise levels to
a minimum for the peaceful enjoyment of all residents.
There are very few, if any, projects that would be comparable in Iowa City. We
believe there is an untapped segment of the rental population that would like amenity
based Professionally Managed leased housing located close to downtown Iowa City,
the Wellness Center, and the University of Iowa campus. Creating such an appeal
accounts for some of the reason gap financing is required.
The addition of the following amenities will allow for this project to bring a new era
of High-end student housing to the Iowa City area:
1. Underground parking
2. Higher end interiors
3. Higher end architectural finishes
4. Two (2) oversized & high-speed elevators available 24 hours a day
5. Fully furnished
6. Development of community areas
A. Study Lounge/Computer Lab
B. Movie Room/Gaming Center
C. Fitness Room/Yoga Area/Exercise Flex Space
D. Community Lounge with Vending
E. Roof Top Kitchen/Community Lounge and Fire Pit (optional)
F. Mezzanine Lounge
G. Entry Retail/Restaurant with connecting front desk lounge
H. 6`h floor Sun Deck Lounge & Flex Space room
7. Full size Washers and Dryers (stackable in studios)
8. Package delivery at front desk
9. High speed Internet infrastructure in each unit
10. Wireless Internet in designated common areas/lobby
11. Cable or Dish infrastructure in each unit
12. First Floor Mail Room conveniently located
13. Deluxe Balconies & Exterior Materials
14. Walk-in closets in most bedrooms
15. Video Cameras strategically located both inside & outside the building
16. Each resident will have private bedroom and bathroom
17. Views of Downtown Iowa City, the Iowa River, and the UI Campus
18. Zip Car Access (optional)
19. Covered bike storage
20.Individual Leases option
21.On-site Resident Assistance (RA's)
22. On-site Professionally Property Management
23. On-site Professional Maintenance staff
24. On-site weekend patrol (as needed)
All of these amenities add to the overall development costs, but distinguish this
project from other student housing projects in Iowa City. The project will be actively_
marketed as both a student housing and market housing development with strictly
enforceable rules for noise (quiet hours), balconies, and limitations of number of
tenants per unit.
The target tenants for this project are especially interested in a location that allows
them pedestrian and bicycle access to the both the East and West side campus
workplaces, recreation facilities, downtown cultural events and the University of Iowa
campus.
There are approximately 25 restaurants (Central Business District), the new School of
Music, the University of Iowa library, University of Iowa Pentecrest, University of
Iowa Wellness Center, Kinnick Stadium, and much more are located within 5 blocks
of this location.
We will offer only eight 3 bedroom/3 bath units (only 5% of the total # of units —
actually allowed up to 30% according to current code). All units will be designed to
meet high standards with regard to energy efficiency and environmental stewardship.
To this end we have requested bonus height for our project of five (5) additional
floors for providing Professionally Managed student housing, and two (2) additional
floors (out of a possible 4) for Leadership in Energy and Environmental Design. A
total of fifteen (15) floors have been requested from the City Council in efforts to
maximize the use of this area and make it more financially feasible.
Tax base increase incentives:
We are proposing a unique TIF request whereby instead of asking for 100% TIF
Rebates in property taxes over a short period of time, our request is lower at 65% of
property taxes over a longer period of time. The effect of this lower request is that the
taxing entities would collect an amount of property tax equal to that which a typical 5
story building would generate, plus, the protected debt levy required with any use of
TIF financing.
It should be noted that the applicant has already substantially invested in the proposed
site by completing Phase Il environmental studies and designing professional
architectural plans with Entasis Design Architects.
The clearing of an underused car mechanical shop and replaced with a quality High-
end housing complex will serve as a significant CATALYST for future Riverfront
Crossings development and an architectural statement for all of downtown Iowa City.
The "bar" for future developments will be set even higher due to this project.
f
We look forward to further conversation with you regarding this project.
Thank you for your attention and consideration.
316 Madison, LLC by:
Joe Clark — CEO
Charlie Graves - President
MEMORANDUM
Date: January 6, 2015
To: Jeff Davidson, Economic Development Administrator, City of Iowa City
From: Tom Jackson, Director, National Development Council
CC: Wendy Ford, Economic Development Coordinator, City of Iowa City
RE: Madison Street Mixed-use Tower— Financial Gap Analysis
At your request, the National Development Council (NDC) has met with and reviewed materials
submitted by the development team led by Charlie Graves and Joe Clark (hereinafter, "the
Developer") in support of a request for City gap financing for the development of a
predominantly residential, mixed-use tower at 316 South Madison Street, just south of East
Burlington. The Developer proposes to construct a 15 -story tower on the site that would
include 1,350 square feet of retail space and 154 residential units targeted to a mix of students
and young professionals.
NDC has requested updated project cost estimates and projected operating revenues and
expenses during meetings, phone conversations and through email correspondence with the
Developer and City staff since initial plans and financial projections were submitted to the City
in August 2014. The Development team has worked with City planning and development staff
over the past five months to refine the project's exterior design elements, the maxis eum—s
number of stories and the mix of residential unit types and associated common areas and
amenities. These changes have prompted successive updates to the project's development
budget, operating revenues and expenses and anticipated debt and equity sources. The final
proposal includes the small commercial/retail space identified above and the 154 residential
apartments broken out as:
• 53 Efficiencies -34.42%
• 16 One Bedrooms— 10.39%
• 77 Two Bedrooms— 50.00%
•
8 Three Bedrooms — 5.19%
Consistent with the City's gap financing policies, documentation provided by the Developer to
support their request for gap financing includes:
• A Development Budget based on:
o Preliminary designs by Entasis Design of Corcord, North Carolina;
0 Construction cost estimates provided by Calacci Construction of Iowa City; and,
Madison Street Tower
January 6, 2015
Page 2
o Geotechnical and environmental assessments provided by Terracon Consultants,
Inc. of Iowa City.
• Operating Revenue and Expense Proformas;
• An appraisal report prepared for the University of Iowa Community Credit Union
(UICCU) by Jonathan K.. Westercamp of Appraisal Associates Company of Cedar Rapids,
dated October 20, 2014; and,
• A term sheet for commercial financing identifying a maximum loan amount, rate and
term from UICCU, dated November 5, 2014.
NDC's analysis of the projected financials for the project suggest that City Tax Increment
Financing (TIF) with a present value of $4,450,00 is reasonable to fill a financing gap and
balance financing sources with projected uses, as follows:
Total Project Costs $40,018,00 100.00%
Financing Sources
Projected Senior Loan
$25,023,465
62.53%
City Gap Funding - TIF
$ 4,450,000
11.12%
Required from Developer
$10,544,536
26.35%
Total Financing Sources
$31,868,588
100.00%
The projected project costs, operating revenues and expenses supplied by the Developer, as
modified since August 2014, support a recommendation for gap financing for the following
reasons:
1) The estimated senior loan that the deal can attract, $25,023,465, has been maximized
given the appraisal report, the Developer's most updated operating proforma and
underwriting criteria (1.25 debt coverage ratio, 75% loan to value) offered by the
prospective lender. The maximum projected loan amount is also influenced by the
capitalization rate, which is identified in the appraisal report as 5.75%, recognizing the
strength of the rental market for students and young professionals targeted by the
project.
2) From the initial submission of projected project costs in August 2014, total costs have
risen just under $6 million to meet City design requirements, LEED or LEED-equivalent
standards for energy efficiency and environmental design and refinements to the unit
mix and shared amenity designs.
3) At $10,544,536 in developer equity:
a. The Developer will earn a projected 7.35% Internal Rate of Return, in line with
the 7.0-8.0% returns modeled for other primarily residential developments in
the downtown market.
b. Cash -on -cash returns are not projected to exceed 5% until Year 11 of operations,
due in large part to high operating costs that are projected by the Developer, but
Madison Street Tower
January 6, 2015
Page 3
not entirely addressed in the appraisal report. According to the Develper, these
expense items are associated with maximizing safety and providing a high level
of service to tenants and include:
i. On-site Professional Office Manager in lobby of building —to be available
during regular business hours and on-call 24 hours a day, 7 days a week
for emergency situations.
ii. Resident Assistants (RAs) — 5 individuals to assist residents with on-site
issues after business hours within the building. Five efficiency units have
been designated for the RAs at reduced monthly rental rates
($650/month versus an average of $950/month) —qualifying them as
affordable given the City's workforce housing rent guidelines and
reducing the project's maximum gross rental income.
iii. On-site Professional Maintenance staff available daily and on-call 24
hours a day, 7 days a week for emergency situations.
Other differences between the Developers projection of operating expenses and
those projected by the appraisal report owe primarily to a higher estimate of the
Project's minimum property tax assessment.
c. Project costs include a Developer Fee of $2,600,000, which is 7.1% of
depreciable expenses. The fee will be at risk if cost overruns during
predevelopment and construction exceed current projections or if operating
income is insufficient to provide repayment from cash flow through stabilization
of the project.
Conclusion: the project as presented demonstrates that TIF -supported gap financing in the
amount of $ $4,450,000 is reasonable. If the terms of the selected senior debt, updated project
costs and expected rents and expenses are substantially different from what the Developer has
projected, NDC will review this evaluation as requested by the City.
$600,000.00
316 Madison TIF Finance model
Partial TIF of new taxes on 15 story building
$500,000.00
1o09�0
'I TIF Rebates to developer
Equal to 62.7% of Available increment.
$300,000.00 Totals $4.7 M over 21 years
1
$200'000'00 New property tax to remain with City, County, & Schools
1 revenue equal to mid -rise unassisted 5 story project.
�B_gi�ningye�r_$112,000;y�a�20�$318,000.����__
$100,000.00
Protected debt levy
I
New taxes generated by 15 story project flow to City, County & I
Schools. Beginning at $101,000 per year I
15 story b
Property tax to
city, county
schools after TIF
expires.
* Begins at
$518,000+ per
year in year 22
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