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2015-05-19 Resolution
05-19-15 3 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SU1315-00007) RESOLUTION NO. 15-156 RESOLUTION APPROVING FINAL PLAT OF MACKINAW VILLAGE - PART SIX, IOWA CITY, IOWA. WHEREAS, the owner, Advantage Custom Builders, filed with the City Clerk the final plat of Mackinaw Village - Part Six, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: THAT PORTION OF OUTLOT E, MACKINAW VILLAGE - PART TWO, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 48, PAGE 108, THAT IS DESCRIBED AS AUDITOR'S PARCEL 2010056 ON PLAT OF SURVEY RECORDED IN BOOK 55, PAGE 81, PLAT RECORDS OF JOHNSON COUNTY, IOWA. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, certain easements granted pursuant to a previous subdivision encumber this property but are no longer necessary as a result of this final plat and therefore such easements should be released; WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2013) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The City releases only those portions of the following easements shown on the final plat as "existing 85.0 utility, storm sewer, sanitary sewer and water main easement to be released": a. utility easement recorded at Book It), Page tf ; b. storm sewer recorded at Book cf (�' , Page ( o 8" ; c. sanitary sewer recorded at Book c4 , Page d. water main easement recorded at Book `It), Page i v g; all in the records of the Johnson County, Iowa Recorder. 4. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said Resolution No. 15-156 Page 2 subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 19th day of May , 2015. ATTEST:V i.. CITY—CLERK !Lk4� MAYOR Approved by City Attorney's Office It was moved by Payne 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 pcd/templates/Final Plat - Resolution (3).doc.doc Prepared by: Jason Havel, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5410 RESOLUTION NO 15-157 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE EAST HARRISON STREET RECONSTRUCTION PROJECT. WHEREAS, Carter and Associates, Inc. of Coralville, Iowa has submitted the lowest responsible bid of $579,104.00 for construction of the above-named project; and WHEREAS, the bid includes the base bid and alternate bid; and WHEREAS, funds for this project are available in the Harrison St Reconstruction account #S3806. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project for the base bid plus alternate bid is hereby awarded to Carter and Associates, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign the contract for construction of the above-named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 19th day of May , 20 15 ATTEST: , CIT ERK �— Ap roved by City Attorney's Office It was moved by Payne 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 NOTICE TO BIDDERS EAST HARRISON STREET RECONSTRUCTION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 13th day of May 2015. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 19th day of May 2015, or at special meeting called for that purpose. The Project will involve the following: Approximately 3,169 square yards of Portland Cement Concrete pavement, 223 feet of RCP storm sewer with related structures, 583 feet of water main with related fixtures, traffic control and other related work. All work is to be done in strict compliance with the plans and specifications prepared by MMS Consultants, Inc. which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment AF -1 of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Phase 1 and 2: Late start: June 8, 2015 Substantial Completion: July 15, 2015 Liquidated Damages: $500 per day Phase 3: Completed: September 11, 2015 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of the City Engineer of Iowa City, Iowa, by bona fide bidders. A $50 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: "Treasurer of the City of Iowa City, Iowa". The deposit shall be refunded upon return of the contract documents within fourteen days after award of the project. If the contract documents are not returned within fourteen days after award and in a reusable condition, the deposit shall be forfeited Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this /_19X Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLER IF_1; I&I 05-1 3d(3) Prepared by: Jason Havel, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5410 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZI G THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCT ON OF THE EAST HARRISON STRE RECONSTRUCTION PROJECT. WHEREAS, Carter and As ociates, Inc. of Coralville, Iowa h submitted the lowest responsible bid of $516,504.00 for constr tion of the above-named proje t; and WHEREAS, the bid includes only Ike base bid; and WHEREAS, funds for this project are mailable in the NOW, THEREFORE, BE IT RESOLVED Y THE CITY, IOWA, THAT: 1. The contract for the construction of the awarded to Carter and Associates, Inc., s adequate performance and payment bon , it program statements. St Reconstruction account #S3806. COUNCIL OF THE CITY OF IOWA med project for the base bid is hereby to the condition that awardee secure ce certificates, and contract compliance 2. The Mayor is hereby authorized to si n the contract r construction of the above-named project and the Contractor's Bond, s bject to the condi ' n that awardee secure adequate performance and payment bond, inurance certificates, a d contract compliance program statements. 3. The City Engineer is authorized execute change orders as th may become necessary in the construction of the above amed project. Passed and approved this day of , 20 ATTEST: CITY CLERK MAYOR It was moved by and seconded by adopted, and upon roll call there were: Appr ved by 4� d����vuyyr�ll City Attorney's Office the Resolution be AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 3d(4) Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 15-158 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2015 LANDFILL CHEMICAL STORAGE BUILDING REPLACEMENT PROJECT. WHEREAS, Selzer Werderitsch Associates of Iowa City has submitted the lowest responsible bid of $139,600.00 for construction of the above-named project; and WHEREAS, funds for this project are available in the Landfill account # L3325. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Selzer Werderitsch Associates, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 19th day of May '20 15 MAYOR ` A proved by ATTEST: S" CI LERK City Attorney's Office 51(31 t_-5- It SIt was moved by Payne 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 pweng\masters\awrdcon.doc NOTICE TO BIDDERS 2015 LANDFILL CHEMICAL STORAGE BUILDING REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 12th day of May, 2015. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 19th day of May, 2015, or at special meeting called for that purpose. The Project will involve the following: Removal and replacement of the landfill HHW Chemical Storage Building. All work is to be done in strict compliance with the plans and specifications prepared by Iowa City Engineering Division, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its com- pletion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: September 30, 2015 Liquidated Damages: $300 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of City Engineer, 410 E. Washington Street, Iowa City, Iowa, by bona fide bidders. A $25 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 15-159 RESOLUTION ACCEPTING THE WORK FOR ROBERT A. LEE RECREATION CENTER FITNESS ENCLOSURE PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Robert A. Lee Recreation Center Fitness Enclosure Project, as included in a contract between the City of Iowa City and Apex Construction Company, Inc. of Iowa City, Iowa, dated October 2, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the Engineering Division Office; and WHEREAS, funds for this project are available in the Annual Recreation Center Improvement Fund account # R4330; and, WHEREAS, the final contract price is $55,865.33 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 19th day of May ----,20 15 MAYOR Approved by ATTEST: - V l Jk4e-Atc, c= CIT ,LERK ` *ityttorney's Office 12 (7S It was moved by Payne 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 S \ENG\ARCHIT-1\Projects\R0C2D7-1 LEE\CLOSEO-1\Robert A Lee Recreation Center Fitness Center Enclosure Project with Apex Construction- Resolution accepting project- competitive quotation consent calendar 05 19 2015.doc 5/15 J (9 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (319) 356-5000 ENGINEER'S REPORT (319) www.igov.cgovo g FAX rg May 8, 2015 City Clerk Iowa City, Iowa Re: Robert A Lee Recreation Center Fitness Enclosure Project Dear City Clerk: I hereby certify that the construction of Robert A Lee Recreation Center Fitness Enclosure Project has been completed by Apex Construction Company, of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Morning Star Studio. The project was bid as a lump sum contract and the final contract price is $ 55,865.33 There were change or extra work orders for the project as described below by project area: Additional wiring for door operators TOTAL Additional Costs to Original Contract $165.33 ADD $165.33 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer pweng/masters/engineers letter robert a lee recreation center fitness center enclosure project with apex construction- accepting 05 19 2015.doc 5 3d(6) Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5410 RESOLUTION NO. 15-160 RESOLUTION APPROVING THE RELEASE OF AN ACCESS EASEMENT ON LOTS 6-10, NORTH AIRPORT DEVELOPMENT, IOWA CITY, IOWA. WHEREAS, an access easement is shown on the North Airport Development plat along the north property line of Lots 6-10, North Airport Development; and WHEREAS, development has progressed in and around North Airport Development; and WHEREAS, none of the properties developed in North Airport Development have taken advantage of the access easement in their site development; and WHEREAS, the necessity of the access easement has been reduced; and WHEREAS, the City has been requested to have the access easement along the north property lines of Lots 6-10, North Airport Development be released, restoring full rights of use to the owners of these lots; and WHEREAS, Public Works recommends the approval of the release for the existing access easement; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That the access easement on the final plat of North Airport Development, recorded at Book 43, Page 182, in the plat records of the Johnson County Recorder's Office, that encumbers Lots 6-10, North Airport Development, along the north property line as shown of the plat thereof, labeled as "30.0' access easement" thereon, is hereby released. 2. The Mayor and City Clerk are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said issue. Passed and approved this 19th day of May '2015. MAYOR \ ` Approved by ATTEST: CIMOLERK T City Attorney's Office Resolution Into. 15-160 ]Page 2 It was moved by Payne 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 Thrognorton 3d(7) Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 15-161 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNITE PRIVATE NETWORKS, LLC TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, Unite Private Networks, LLC. desires to install a buried conduit system containing fiber optic telecommunications cable within City of Iowa City public rights-of-way; and WHEREAS, the City of Iowa City desires to enter into an agreement with Unite Private Networks providing for the continued use of the public right-of-way and for the possible expansion of the existing facilities; and WHEREAS, it is in the public interest to enter into an agreement with Unite Private Networks concerning the responsibility for the installation and maintenance of the fiber optic cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached agreement between the City of Iowa City and Unite Private Networks, LLC to use certain streets and public rights-of-way as set out in said agreement for the placement of fiber optic cable is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at Unite Private Network's expense. Passed and approved this 19th day of May , 2015. I LTA F-1 S- \ App ed ed by ATTEST: - �1 G'�t.�r CI LERK City Attorney's Office S-// Resolution No. 15-161 Page 2 It was moved by Payne 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 AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND UNITE PRIVATE NETWORKS, LLC, IOWA FOR USE OF PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean publicly owned or controlled public land and rights-of-way, easements, bridges, parks squares and commons. d. "Network" shall mean Unite Private Networks, LLC and shall include equipment owned, operated, leased, or subleased in connection with the operation of the network, and shall include cables, underground conduits, handholes, vaults, fiber optic cables, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain communications system in, under, upon, along and across the public property shown and identified in Exhibit A hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the Network proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City -owned public utility system component, or other structure upon or under public property, the Director of Public Works shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate interference and refer the same back to the Network for modification to the plans. Any such review, approval or plan modification shall be subject to the provisions in Section 8 herein. Such map, plan, or specifications, when properly modified, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans, or specifications. If the Network cannot make the requested modifications for whatever reason, the City is under no obligation to grant a permit. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices All pavement removed or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of public property, the Network shall, at its own expense, repair or cause repair to any private property public utility system component, public improvement or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to make excavations in those City streets, avenues, alleys and public property shown on Exhibits A, B, and C for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Network. In making such excavations, the Network shall obtain a permit pursuant to City Ordinances, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, a three (3) day notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, the Network may proceed with the work without first applying for or obtaining the permit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any 2 curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by third parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall be binding upon and apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The fiber optic cable systems and other components of the facilities erected by the Network within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purposes of facilitating the vacation and/or redevelopment of public property or public right-of- way by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Network. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and stone drains. The Network shall not place identification signs within the public right-of-way. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the Network shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll-free "One -Call" number. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right-of-way shall require Network to restore and replace 3 surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The Network shall notify the City when it intends to abandon its facilities. The Network shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the right-of-way as required in conjunction with other right-of-way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property. Any such further regulations shall apply to Network and to this agreement. SECTION 11. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as -built" plans related to its facilities located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its facilities including buried abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred or that a violation of codes or ordinances lawfully regulating the Network in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default', the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the City determines that a violation or breach of this agreement or codes or ordinances lawfully regulating the Network in the operation of its facilities is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to Network and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network. 4 If the Network fails to cure a default within the time allowed, the City shall have the right to: i. seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network within the public right-of-way or public property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to Network, if the City determines that the property or public right-of-way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to Network: CjCrjC 2_jgL C ftPSU —Rosalyn - Ma"M Mje12g _P44 120 S Stewart Road Liberty, MO 64068 816-368-9033 In case of an emergency, notices may be given verbally to the above-named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network expense. Dated this 19th day of May , 2015. CITY OF IOWA CITY UNITE PRIVATE NETWORKS, By: Matthew J. Haye ,Mayor Print Name: Attest: .9 p„E-" Cit rk Approved by: City Attorney's Office 0 SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in be delivered via certified mail and addressed as follows, unless indicated future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street owa City, IA 52240 If to Network: P\Stewart ministrator Ravers 1Road L 64068 833 In case of an emergency, notices may b given ver case, written confirmation should be pro sled. Nc forms of notice if actually received by ad essee. mailing in case of certified mail, or otherwise n th SECTION 18, RECORDATION This agreement shall be recorded in the John on I Dated this day of 2015. CITY OF IOWA CITY III Matthew J. Hayek, Mayor Attest: City Clerk Approved by: City Attorney's By: _ Print Name: and shall ;e in the to the above-named persons. In such I contained herein shall prevent other ce shall be deemed given on date of actual notice is received. Recorder's Office, at Network expense. PRIVATE NETWORKS, CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) JOHNSON COUNTY ) SS: On this 19!fi day of , 2015, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and ZZ;j,e \/,,Pl, [, to me personally known, and, who, being by me duly sworn, did say that they are the iMdyor and Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; J that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in Resolution No. 15-161 and passed by the City Council, on the 19th da of May �. 2015, and that Matthew J. Hayek and T�I�tivZ�-; acknowledged the execution said instrument to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: r \r Commiscion Number 221819 z •� t 9y Com issi n Expires i I�Yik NETWORK ACKNOWLEDGMENT STATE OF C(\ �c ) GNI COUNTY ) ss: On this \7_�_ day of 2015, before me, the undersigned, a Notary Public in and qr the State of Iowa, in and for said county, personally appeared to me personaAy known, who being by me duly sworn did say that that person is the a of said corporation and that said instrument was signed o0 ehalf of t��e laid corporation by authority of its board of directors or - trustees and the said �1 C61 ('U )0� Q acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. s Notary Public in and for the State of-4ewa rn�Sy�uC My commission expires: a or A �\ a U �-q c � e 2617 m mN S d HY 3ti ulP�wluO x M 4' O 0 Jaaprt AVa SW 4 _r Itan.as Ave SW n v vin aPru R� Cnl� T n+ cD P� <'a o m sh CL K s iq' Iifvr Ave SW a t` 9, Miner Av< 3W F R 4 n vr� (oe reY sw sh+9,• N ep fie: Ave SK' °0 Oane Rtl 5W ; � � Oape RY BE 9 assts' 8 e. n s m mN S d HY 3ti ulP�wluO x lamtl Ave 9W • •... �.. a MMaae Ave SW PF:: Rea3ae Ave 9W Y-. s � MMIAve SW � pellinpM � III Ave SE Xur1 Ptl 5 W i E 3 £ 9 4 V _ P -an moal Ia.l 1J•tlq o �° � wnn 9esn h g Y g �eQ °a nate f � p aom Avv All a _ �sC s � rzT AV' lain Ava _ ai o, vpYo y 1 Ave 1 £.rmp [r ,Ael ,Otn m W°smmv Or °ntl e"e r 91F Ave ^ I., Ave IlnMlc S, tlrmv�i 0'k 4Y `-AVI 1al Ave r 1 xis z Yenn Mn O__ t eJ� � yea, l,: E=<tio.au—g a II nl' Av<SE i M O 0 _r Cl) = n v vin aPru R� Cnl� T cD o m T CL lamtl Ave 9W • •... �.. a MMaae Ave SW PF:: Rea3ae Ave 9W Y-. s � MMIAve SW � pellinpM � III Ave SE Xur1 Ptl 5 W i E 3 £ 9 4 V _ P -an moal Ia.l 1J•tlq o �° � wnn 9esn h g Y g �eQ °a nate f � p aom Avv All a _ �sC s � rzT AV' lain Ava _ ai o, vpYo y 1 Ave 1 £.rmp [r ,Ael ,Otn m W°smmv Or °ntl e"e r 91F Ave ^ I., Ave IlnMlc S, tlrmv�i 0'k 4Y `-AVI 1al Ave r 1 xis z Yenn Mn O__ t eJ� � yea, l,: E=<tio.au—g a II nl' Av<SE i sur„ S Van Pie N:. M 0 a aPru R� Cnl� T go o T —i iq' a 9, sur„ S Van Pie N:. �"- 3d(8) Prepared by: Kumi Moms, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 15-162 RESOLUTION APPROVING THE CITY COUNCIL AWARD DATE TO ACT ON THE BIDS FOR THE IOWA CITY PARKING GARAGE MAINTENANCE PROGRAM 2015 PROJECT WHEREAS, the Engineering Division has recommended approval of the plans and specifications of the Iowa City Parking Garage Maintenance Program 2015 Project; 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 Parking Facility Restoration Repair account # T3004 WHEREAS, a resolution was approved by City Council by resolution 15-149 on the May 5, 2015 formal council meeting, but the award date to act upon bids was inaccurately stated as June 5th; and WHEREAS, this resolution is to correct the council meeting date to act upon bids. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 2. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 2e day of May, 2015. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 2nd day of June, 2015, or at a special meeting called for that purpose. Passed and approved this 19th day of May , 20 15 ATTEST: CITYtLERK Ted by / ,c City Attorney's Office/I /rte Resolution No. 15-162 )Page 2 It was moved by Payne 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 0 k, -r/ Prepared by: Ty Coleman, Media Production Services Coordinator, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5454 RESOLUTION NO. 15-163 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION, AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. WHEREAS, the franchise agreement with MCC Iowa LLC (Mediacom) provides that certain funding, equipment, and facilities is to be provided to a nonprofit organization to manage and operate the local public access channel, functions, and equipment; WHEREAS, the City has contracted with Public Access Television, Inc. ("PATV" ), a nonprofit organization, for over twenty-five years for the provision of public access and community programming on cable television, and the current agreement will expire May 31, 2015 and; WHEREAS, the City and PATV have negotiated a new agreement for said management and operation of the local public access channel, functions, and equipment commencing upon execution and ending July 31, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest to the Agreement, a copy of which is attached. Passed and approved this 19th day of May , 2015. nlr�,W_41 M, 71_a I X FTY, M �_ = ATTEST: �s' ('� CIVCLERKJ Approved by �—', q `( T - City Attorney's Office Resolution No. 15-163 Page 2 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: L314-O&I NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton AGREEMENT by and between The City of Iowa City, Iowa, and Public Access Television, Inc. for Funding, Operation and Management of the Local Public Access Function This Agreement is made by and between the City of Iowa City, Iowa, a municipal corporation ("Iowa City") and Public Access Television, Inc., an Iowa non-profit corporation ("PAN') (collectively "Parties"). In consideration of their mutual promises, the Parties agree as follows: RECITALS 1. The City of Iowa City desires to provide support for the use of public access channel(s), namely non-commercial community programming channel(s) provided pursuant to the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996 and all other applicable local, State and Federal laws. 2. For the purpose of this Agreement, public access does not include the government, public library, University of Iowa, Kirkwood Community College, or educational access channels. 3. The franchise agreement between Iowa City, Iowa and Mediacom Communication Corporation of Iowa LLC ("Mediacom") provides certain payments shall be made by Mediacom to support the public access channel(s) and/or for the production and cablecasting of programming. 4. For the purposes of this Agreement, the definition .of public access services is providing residents or groups of residents of the Iowa City community with video production equipment and public access facilities, and training and professional support in their use, and non-profit community based graphic messaging and video program distribution on local cable television and video service system(s), reserved by City or State franchise agreements for the purpose of cablecast distribution of public access programming. 5. Examples of public access services to be provided for members of the Iowa City community would include, but are not limited to, operating a public access facility, employing and providing professional staff and trainers to provide producer support, operating training workshops in media production, providing, scheduling and maintaining media production equipment, scheduling and managing the cablecast of media programs produced by or provided by members of the Iowa City community on the public access channel(s), or obtaining pre-recorded programming of general interest to the community, and developing promotional materials or other outreach efforts to build audiences and promote the use of public access services in the community. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows: Section 1. Scone of Services. In consideration of the funding provided to PATV pursuant to this Agreement, PAN shall perform the following services: A. Operate a Public Access Center. Provide a media production facility and public access cable channel origination site, all necessary equipment, and 2 appropriate staffing, to facilitate Iowa City residents in the production and exhibition of public access and other community submitted video programming deemed appropriate for cablecast on Iowa City public access cable channel(s). B. Provide Equal Access. Allow access and use of equipment and facilities provided herein, together with cablecast time on the public access cable channel(s), on a non-discriminatory basis, to all Iowa City residents. This access shall be only for non-commercial programming purposes, whether produced or provided by individuals, groups, or organizations. C. Provide Training and Professional Support. Provide monthly training in the techniques of media production and facilitate production of public access programming by providing technical advice and/or staff support. D. Operate Public Access Cable Channelfs). Operate the public access cable channel(s) for public access purposes. Operation shall include, but not be limited to, responsibilities for technical operations and administering the channel(s), program scheduling, coordination and/or promotion of the video programs of those authorized to use the public access channel(s). E. Programming. Schedule and cablecast programs for a minimum of 70 hours per week on the public access channel(s) according to PATV's adopted rules and guidelines. Digital signage public service announcements cannot be counted for more than 30 minutes per day of the 70 hour per week minimum requirement. F. Program Listing PAN shall regularly send program -listing information to all appropriate agencies so that program information may be included in the local print media (currently the Press -Citizen and Daily Iowan) and on the digital tiers of the local cable TV company(s), if available. G. Promotion. Actively promote the use and benefit of the public access channel(s) and facilities to subscribers, the general public, access users, the City and Mediacom. H. Maintain Rules. Maintain written rules and guidelines for the use of the access equipment, facilities, and cablecast time in cooperation with the City. PAN shall provide the City with a copy of said rules and guidelines to allow the Iowa City Telecommunications Commission ('9CTC') to review, comment, and endorse. Said rules and guidelines shall be consistent with the Cable Communication Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, FCC regulations, and all other applicable local, state, and federal laws. Further, any rules and guidelines specific to times and hours of cablecast shall be content - neutral and consistent with the public forum doctrine, namely time, place and manner. I. Maintenance and Repair of Equipment. Provide regular maintenance and repair of all video production and program cablecast equipment and replace broken equipment or return it to an operational status in a reasonable time. J. Client Satisfaction. Conduct annual assessments of client satisfaction of relevant services, staff, and access center offerings including but not limited to training, equipment availability and condition, and staff responsiveness to be provided to the ICTC with each annual report. 3 K. Performance Review. In cooperation with the City and after two years of operation under this Agreement, or at the time of any renewal or extension thereof, undertake a performance review that shall include an opportunity for public access users, cable subscribers, and the general public to provide comment. L. Compliance with Laws Rules and Regulations. Administer the public access channels) and facilities in compliance with applicable federal, state, and local laws, rules, and regulations, the Iowa City Broadband Telecommunications Franchise Enabling Ordinance, and in accordance with the franchise agreement between the City and Mediacom. M. Use By Non -Residents. Iowa City residents shall be permitted to submit programming for cablecast on the public access channel(s) at no charge, according to PAN Guidelines. PATV may charge Iowa City residents annual fees for training, use of facilities and equipment checkout in the amount of $50 for an individual or $100 for an organization. Non-residents may use PAN equipment, facilities and services so long as they pay a minimum annual charge to PAN of $75 for an individual or $150 for an organization. The obligation for these charges can be satisfied by volunteering personal time in the amount and in the manner determined by PATV to be equivalent to the annual charge. Additional charges to non-residents may be determined and required by PATV. Access to and programming created with PATV facilities and equipment shall be only for non-commercial programming purposes, whether produced or provided by individuals, groups, or organizations. N. Other Activities. Undertake other public access activities as deemed appropriate by PATV and consistent with other terms of this Agreement. Notwithstanding any other provision herein, said activities may include commercial activities by PAN staff and volunteers for the sole purpose of generating revenue for PAN so long as the activities do not utilize the public access channel. Section 2. Prooramming Content. PAN agrees to keep the public access channel(s) and services available to all Iowa City residents that are potential users, free of censorship, and in compliance with FCC regulations, the Cable Communication Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, and all other applicable local, state and federal laws. Both parties agree that they will not attempt to control the content of programming placed on the public access channel(s) to the extent such programming is both lawful and also remains in compliance with PATV's approved programming rules and guidelines. Section 3. Indemnification. PATV shall indemnify, defend and hold harmless the City, its officers, agents, and employees from and against all claims, losses, liabilities, or damages, including payment of reasonable attorney's fees which may arise from the performance of this Agreement or which may be caused in whole or in part by any act or omission of PAN. The City shall indemnify, defend, and hold harmless PAN, its officers, agents, and employees from and against any and all claims, losses, liabilities, or damages, including payment of reasonable attorney's fees which may arise from the performance of this Agreement, or which may be caused in whole or in part by any act or omission of the City. Section 4. Copyright Clearance. Before cablecasting video and/or audio transmission, PATV shall require all users to agree in writing that they have obtained all required rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations; representatives, and without limitation from the foregoing, together with agreements from any and all other persons as may be necessary to transmit its or their 4 program materials over PATV's authorized channel(s). PAN shall maintain copies of all such user agreements for purposes of inspection by the City, upon reasonable notice given by said party, and for the term of the applicable statute of limitations. PATV shall notify the City promptly in writing upon its notification of copyright violation. If PAN violates this provision it agrees to indemnify the City fully as provided in Section 3 above for any liability imposed on the City. Section 5. Copyright and Ownership. Copyright of programming produced by the public shall be held by such person(s) who produces said programming if such person(s) so copyrights, subject, however, to PATV's continuing rights to cablecast recordings and/or recorded media, both physical media and/or by electronic devices, as is established and governed by PATV's adopted rules and guidelines. PATV shall be allowed to copyright any audio and/or video program that it may choose to produce. Section 6. Distribution Rights. A. PAN shall require that all public access programs produced with funds, equipment, facilities, or staff pursuant to this Agreement shall be distributed on the cable channel(s) whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other production and distribution (beyond that production and distribution on cable channels authorized by this Agreement), so long as such other distribution is consistent with the approved rules and guidelines as noted above in Section 1, A, B, and H. Alternative production and distribution may include "new media" systems. New media is a term meant to encompass the emergence of digital, computerized, or networked information, communication technologies and Internet production and distribution opportunities. B. PAN shall display a credit three times per day between the hours of 8 a.m. and 11 p.m. stating "Partial funding for the operation of this channel is provided by Mediacom [along with any other existing cable TV franchises, if any,] and by the City of Iowa City." Section 7. Equipment and Facilities. A. PAN shall be responsible for maintenance of all equipment and facilities owned, leased or loaned to PAN under this Agreement or purchased with funds provided pursuant to this Agreement. B_ PATV recognizes that this Agreement, or property purchased pursuant to this Agreement, may create a possessory interest subject to property taxation, and that PATV may be subject to the payment of property taxes levied on such interest. PATV agrees to pay any and all lawful and non-exempt taxes, assessments, fees or charges at any time levied by the state, county, city or any tax or assessment levying body upon any property interest in this Agreement or on any possessory right which PAN may have in property, improvements, fixtures or equipment purchased as a result of this Agreement. In the event of protest, PAN agrees to pay said taxes under protest, and in no event will the City be responsible for any fees incurred as a result of such protest. C. PATV shall own all equipment and facilities acquired by it and purchased with City funds received during the term of this Agreement and in past Agreements. Upon termination or non -renewal of this Agreement, PATV agrees that all of PATV's assets, equipment and facilities purchased with funds provided by the City, as listed on Exhibit A, shall be donated, transferred, reassigned or disposed of pursuant to Section 18.0 of this Agreement. Section 8. Insurance. PAN will maintain in full force and effect, and at all times during the term of this Agreement, insurance as required by this Section. The cost of such insurance shall be borne by PAN and may be paid from funds received pursuant to this Agreement. The City requires that the Insurance carrier be A- rated or better by A.M. Best. All liability policies shall include the Waiver of Subrogation endorsements in favor of the City of Iowa City. A. PAN will maintain Injury and Property Damage insurance with coverage amounts of a minimum of $1,000,000 for "Each Occurrence" and $2,000,000 "Aggregate." Comprehensive General Liability shall include Contractual, Premises & Operations, Products & Completed Operations, and Aggregate Limits of Insurance endorsement. B. PAN will maintain Comprehensive automobile liability for any vehicle owned, leased, or operated by PATV, at a minimum of $1,000,000 for "Each Occurrence" combined single limit. C. PATV will maintain Professional Liability with coverage amounts of a minimum of $1,000,000 for "Each Occurrence" and $1,000,000 "Aggregate." D. PATV will maintain full Worker's Compensation Insurance as required by Iowa Code, Chapter 85. E. PAN will maintain Employer's Liability Insurance with coverage for "Each Occurrence" at $500,000 for "each accident," $500,000 for "each employee" and a $500,000 policy limit. F. City as Co -Insured or Additional Insured. PAN shall include the City of Iowa City, Iowa, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and authorities and their boards' members, employees and volunteers as additional insured on all policies except workers compensation. Such additional insured endorsement(s) shall make the entities liability Insurance primary to the City of Iowa City's and furthermore, shall not be contributing with any other insurance or similar protection available to the City of Iowa City, whether such available protection is primary, contributing or excess. City of Iowa City shall be an additional insured as respects all required aforementioned coverage, which shall be stated on Certificates of insurance that the City of Iowa City is an additional insured. This subsection shall be interpreted to be expressly limited to claims made against Iowa City in relationship to PATV's activities. G. Notification of Coverage. PAN will file with the City Certificates of Insurance for coverage required above within thirty (30) days of execution of this Agreement, and annually on the same date thereafter. Upon reasonable written notice, the City may request that Certificates of Insurance be provided at any time. Section 9. Non -Discrimination in Employment. PAN shall not discriminate against any person, employee, applicant for employment, or subcontractor on the basis of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation or political affiliation. Section 10. Independent Contractor. It is understood and agreed that PAN is an independent contractor and that no relationship of principal/agent or employer/employee exists between the City and PATV. If in the performance of this Agreement any third persons are employed by PAN, such persons shall be entirely and exclusively under the control, direction, and supervision of PAN. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging, or any other term of employment shall be 1i determined by PAN, and the City shall have no right or authority over such persons or terms of employment. Section 11. Assignment. Neither this Agreement nor any interest herein shall be assigned or transferred by PAN, except as expressly authorized in writing by the City. Section 12. Reports A. Annual Reports. PATV shall prepare and provide annually to the City, within 90 days following the end of each year (December 31), a written report of operational activities, which report shall include, but not be limited to, the following information: 1. Current and complete listing of PATV's Board of Directors 2. Year-end financial summary 3. Written annual reports and statistical comparisons from the previous year, and to other similar access centers if such data is available 4. Equipment use including studio ,use, checkout of equipment, and editing bay bookings 5. Total number of new producers 6. Total number of workshops taught 7. Total number of new locally produced programs cablecast on the channel 8_ Total video programs submissions, i.e. programs cablecast but NOT produced with PAN equipment or facilities 9. An inventory of all equipment. B. Periodic Reports. PATV shall also prepare and provide periodic reports on the following: 1. Monthly reports at Iowa City Telecommunications Commission meetings. 2. Quarterly written reports for the Iowa City Telecommunications Commission that will include: a) A general report of operational status b) Current financial statements c) An accounting on the number of persons trained in the workshops offered during that quarter, their rate of program completion, and whether they are affiliated with any university or community college program at any time d) A report of individual public access programs and their run times produced and cablecast over the quarter e) A report of how many and how often non -Iowa City resident PAN members used the facility during the quarter f) Other information deemed important by PAN g) Any additions or deletions from the equipment inventory, as referenced in Section 16.C. 3. Other reports reasonably requested by the City Council, Iowa City Telecommunications Commission or any current or future franchise agreement. Section 13. Records. PAN shall maintain all necessary books and records, in accordance with generally accepted accounting principles. Section 14. Relationship with Cable Franchise. A. Funding. PATV shall receive funding as a result of the franchise agreement between the City and Mediacom. Pursuant to the aforementioned, funds will be made available to PAN as follows: 7 1. City shall pay to PATV monthly 1/12 of an amount based on a 2015 annual payment of $238,289.60, subject to a yearly escalator as provided in the franchise agreement between Iowa City and Mediacom and further subject to the provisions of Subsection A.2 of this Section. 2. All of the above notwithstanding, funding from the City to PAN shall only be provided as long as Mediacom continues to provide funding as specified in Subsection A.1, of this Section. City shall not be obligated herein to make any payment to PAN under this agreement unless and until such amount is paid to Iowa City by Mediacom. B. Multiple Service Providers. In the event that additional Iowa City cable franchise agreements are accomplished by other cable, telephone or similar service providers, the City agrees to make a good faith effort, but without guarantee, to obtain similar or adjusted agreements as defined in Section 14.A.1 of this -contract with the new franchisee(s) if allowed by federal, state, or local law. A good faith effort shall include a request in writing from the City to the franchisee(s). C. Continued Services. The Parties shall continue to utilize dedicated channel(s) as provided for in the City's cable ordinance decreeing public access channel dedication. D. The City will make reasonable efforts to enforce all provisions of its ordinance and franchise agreement regarding public access. Section 15. Expenditure of Funds. PAN shall spend funds received from the City solely for the purposes listed in this Agreement, and for the purpose of accomplishing PANs mandate as described in PANs Articles of Incorporation and Bylaws. Funds not expended in a given fiscal year may be carried over into succeeding fiscal years or placed into a reserve for the purpose of sustaining public access services to the public in the event that funding for public access shall cease to be provided by operation of federal, state or other applicable law. Section 16. Funding From Other Sources. PAN may, during the course of this Agreement, receive supplemental funds from other sources, including, but not limited to, underwriters, program sponsors and fundraising activities. A. PAN may also engage in solicitation, services and commercial activities for purposes of raising funds, assets, equipment, facilities and/or other assistance to support the Scope of Services set forth in Section 1 of the Agreement. B. Any funds received from PANs efforts through such solicitation, services or activities set forth above shall be placed in an account separate from any account used to keep funds received from the City pursuant to Section 14 of the Agreement. 1. PAN will provide a monthly statement of this separate account to the City upon request by the City. 2. A listing of funds will be provided to the City, including the name of the payor (unless anonymous), the amount of funds and any documentation of the funds (e.g. copy of a check) upon request by the City. C. A list of PANs current assets, equipment and/or facilities purchased with funding provided by the City pursuant to Section 14 of the Agreement and past Agreements shall be provided to the City. A copy of the list of PANs current assets, equipment and facilities is attached as Exhibit A. 1. PAN will inform the City of any changes made to the list attached as Exhibit A. 2. Any assets, equipment and/or facilities that are the personal effects of employees of PAN shall be kept separated from the assets, equipment and/or facilities purchased with funding provided by the City. 3. Any assets, equipment and/or facilities that are received from PATV's efforts through such solicitation, services or activities set forth above shall be kept separated from the assets, equipment and/or facilities purchased with funding provided by the City. 4. A listing of such assets, equipment and/or facilities will be provided to the City, including the name of the donor (unless anonymous), date of donation, and the amount or type of donation upon request by the City. D. All funds and assets, equipment and/or facilities purchased by PATV with said funds, and all assets, equipment and/or facilities donated to PAN shall not be included in assets, equipment and/or facilities subject to the provision in Section 18.0 of this Agreement. Section 17. Term of Agreement. This Agreement shall commence upon execution and end on July 31, 2018, unless terminated earlier, as provided in this Agreement. . Section 18. Termination of Agreement: Transfer of Assets. A. The City shall have the right to terminate this Agreement for breach of any provision of the Agreement by PAN, upon sixty (60) days written notice to said breaching party, provided that the breaching party may avoid termination by curing any such alleged breach within thirty (30) days of notification or within a timeframe agreed to by the Parties. The City may also terminate this Agreement if PAN is dissolved. B. PATV shall have the right to terminate this Agreement for breach of any provisions of this Agreement by the City, upon sixty (60) days written notice to them, provided that the City may avoid termination by curing any such alleged breach within thirty (30) days of notification or within a timeframe agreed to by the Parties. C. Upon the occurrence of any of the following events, and notwithstanding any provisions to the contrary in PATV's Articles of Incorporation or Bylaws, PAN agrees that the assets of PAN, including any real estate and equipment, shall be transferred or conveyed, at no cost to the City or its designee, by PAN to an organization or entity which the City may designate, which may include the City: I. Termination, for reason provided herein, of this agreement between the City and PATV for the provision of public accesslcommunity programming services to the community, including termination for failure to perform as required under said agreement. 2. Dissolution of PAN as a private, non-profit corporation under the laws of the State of Iowa. 3. Failure by PAN to meet its obligations to repay its mortgage loan under the terms and conditions of said mortgage. D. The City shall have the right to terminate this Agreement on thirty (30) days written notice to PATV in the event that funding for public access shall cease to be provided by operation of federal, state or other applicable law_ In such event, and notwithstanding Section 14 hereof, the City shall have no liability to provide funding to PATV, nor shall the City be liable to PAN for any damages it may suffer or claim resulting from the termination of this Agreement. E E. In the event the City terminates this Agreement pursuant to Section 18.D and PAN is able to continue to operate as a private corporation under the laws of the State of Iowa, PAN may continue to operate as an independent Public Access Center and the City shall grant PAN access to carriage on and connection to local cable systems for public access cable channel origination. PAN and the City may seek, without guarantee, new agreements whereby PAN may continue to use production assets, equipment and facilities listed in Exhibit A, which were previously purchased with public access funds. Section 19_ Mediacom. A. PAN acknowledges and agrees that the sole source of the funding that the City provides PAN as set forth in Section 14A is provided by Mediacom pursuant to the franchise agreement. PAN further acknowledges and agrees that Mediacom is not required to provide said funds to the City after August 1, 2018. B. PATV further acknowledges and agrees that the City is under no obligation to provide funding to PATV after August 1, 2018 or to enter into an agreement with PAN for public access services. Section 20. Time. Time is of the essence in the performance of this Agreement and for the performance of all covenants and conditions herein. Section 21. Cooperation. Each Party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement in good faith. Section 22. Applicable Law. This Agreement shall be interpreted and enforced under applicable laws of the State of Iowa. However, the parties will consider the use of mediation in attempting to resolve any dispute between or among them. In the event of dispute, which cannot be resolved through mediation or where mediation has been rejected by one or both of the parties, the courts of jurisdiction shall be the Iowa District Court in and for Johnson County, Iowa, and the Southern United States District Court (Davenport Division). Section 23. Attorney Fees. In the event a legal dispute arises concerning the terms and conditions of this Agreement, and specific performance, damages and/or criminal prosecution is sought, the prevailing party shall be entitled to reimbursement for all reasonable attorney fees and costs resulting from said litigation. Section 24. Notices. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: To PAN: Josh Goding Executive Director Public Access Television, Inc. 206 Lafayette St. Iowa City, IA 52240 To City: Marian Karr City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 10 Any party may change its address for notice by written notice to the other party at any time. Section 25. Entire Agreement. This Agreement is the entire agreement of the Parties, and supersedes all prior negotiations and agreements, whether written or oral. This Agreement may be amended only by written agreement. No purported oral amendment to this Agreement shall be valid. Section 26. Severability. In the event some portion of this Agreement is found invalid by a court of competent jurisdiction, it shall be deemed severable, and the remainder shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Date written above. CITY OF IOWA CITY, a municipal corporation By: Mathew J. Hayek, ayor ` Date: PUBLIC ACCESS TELEVISION, INC. a non-profit organization By: Joshua Goding, Ex Date: ,5 t/ -) /;''' i t Attest: Date:__. May 19, 2015 Magi , Julie Voparil, Deputy City Clerk Approved By City Attornev's Office PAN Equipment Inventory Playback Leightronix Ultra Nexus MPG player SN OOEOFB0713C8 $10,000 2010 Buffalo HDRQ 2TB storage for Nexus SN 45504801000281 $300 2010 Leightronix Pro 16 Event Controller SN 09013PRO $500 1998 Cablecast modulator 6350 SN 24632 1996 Sony DVP-CX777ES 400 disc changer SN 8836684 $1500 2007 Sony DVP-CX777ES 400 disc changer SN 8808290 $1000 2005 Sony DSR -11 VTR SN 74793 $500 2006 Sony DSR -11 VTR SN 54195 $500 2010 Pioneer DVD 7400 player SN BHNN02669CC $100 2007 RNC 1773 Audio Compressor $100 2010 Dell PC scheduling computer $300 2008 Samsung SP01 LCD HDTV Monitor SN AH8M36PP406576D $900 2008 Assorted Monitors and SVHS VTRs $400 2002 Checkout Panasonic AG-HPX170P HD Camcorder SN LlTCB0136 $3,300 2012 Panasonic AG-HVX200AP HD Camcorder SN FOTCB0047 $ 4,800 2010 Panasonic AG-HVX200AP HD Camcorder SN AlTCB0119 $ 4,800 2011 Panasonic AG-HPX170P HD Camcorder SN B2TCB0087 $3,300 2012 Panasonic AG-HPX170P HD Camcorder SN KlTCB0182 $3,300 2012 P2 Memory Cards (6) AJ-P2E064XG 64GB "E" Series SN#'s: AOT11 J0514, AOT11 J0513, AOT1112161, AOT12131238, AOT1112162, AOT12131239 $ 625 2011, 2012 P2 Memory Cards (5) AJ-P2E016XG 16GB "N" Series SN#'s: AOP11 B0234, AAP1 OF0317 AAP10J0513, AAP10J0514 $ 350 2010, 2011 Sony DSR PD1 50 MiniDV Camcorder SN 1009257 $ 2,500 2000 RETIRED Sony DSR -PD1 70 MiniDV Camcorder SN 1130144 $ 3,000 2006 Sony DSR -PD1 70 MiniDV Camcorder SN 111633 $ 3,000 2006 Sony DSR -PD1 70 MiniDV Camcorder SN 113729 $ 3,000 2006 SOLD TO HOLLY BERKOWITZ Sony VX2000 MiniDV Camcorder SN 1012643 $ 2,000 2003 Sony HDR-FX1000 MiniDV Camcorder SN 125028 $ 3,500 2011 Panasonic GS -250 MiniDV Camcorder SN J5HW51924 R $ 750 2004 Yamaha Stage Pass PA System 300 SN LX02561 $ 800 2004 Panasonic WJ-MX30 Audio I Video Mixer SN 36A02713 $ 1,500 2006 Panasonic WJ-MX30 Audio 1 Video Mixer SN 3YA01926 $ 1,500 1998 Panasonic WJ-MX50 Audio 1 Video Mixer SN 35A03771 $ 1,500 1998 Sanyo PLC-XU55A Video Projector SN G4902314 $ 2,000 2008 Turnkey Disc Jockey Kit wi components $ 900 2009 (SOLD for $800 on 4/6/2015) Sony ECM -44B Lavaliere Microphones (11) SN#s 813845, 225193, 830349, 831611, 845036, 845028, 843719, 843720, 843721, 842938, 855933 $150 ea AKG C3000B Cardioid Desk Mic $430 2007 Shure SM 57 Microphones (2) $100 Shure SM 58 Microphones (4) $100 Sennheiser Evolution G3 Wireless Microphone Combo A/516-558 MHz $800 2012 Sennheiser Evolution G3 Wireless Microphone Combo B/626-668 MHz $800 2012 Lowell DV Creator Light Kit w/ Pro, Omni, Tota, and Soft Box $800 2005 Lowell Light Kit w/ Pro, Omni, Tota, diffusers $500 2002 Lowell LC-55ex Soft Box with cord, bulb and diffuser $450 2012 Gitzo/Audio Technica Fishpole and Shock Mount SN A44239 $250 2005 Mackie 1202 Portable Mixer SN D62787 $500 2010 Sony VCL-HG0758 Wide Angle Lens $100 2004 AN CABLES, assorted XLR 15'25'50' 100' RCA, SVHS, IEEE, Misc. Bogen/Manfrotto Tripods, 501, 3063 assorted (10) $300-$500 ea Mic Stands, assorted tall (4) Mic Stands, assorted short (3) Studio Samsung SG03 32' LCD HDTV Monitor SN AZA43CTS306998H $900 2008 Samsung SG03 32' LCD HDTV Monitor SN AZA43CTS409668T $900 2008 Phillips 22PLF4507 22' LCD HDTV Monitor SN M3A1Z07100457 . $150 2012 Sony DCR VX -2000 3CCD Camera SN 1077468 $500 2002 RETIRED Sony DCR VX -2000 3CCD Camera SN 1012947 $500 2002 RETIRED Sony DCR VX -2000 3CCD Camera SN 1064149 $500 2002 RETIRED Bogen/Manfrotto Wheeled Tripods, assorted (3) $300-$500 ea 1998 Varizoom VZ -Rock LE Zoom and Focus Control (2) $250 ea 2005 Britek 1604 Flourescent Softbox and stand (2) $150 ea 2010 Studio Light Fixtures, Assorted (10) $500 Studio Crane with Bogen 3251 Wheeled Tripod $250 2010 Sony DSR -11 MiniDV VTR SN 65260 $500 2008 Sony DSR -45 MiniDV VTR SN 111735 $1500 2008 Mackie 1604 16 -Channel Audio Mixer SN C31032 $800 1998 Yamaha MG166CX Audio Mixer SN L1 CCQ101076 $300 2011 NewTek TriCaster Intel Core 2 Duo E7400 w LC11 Switcher $5000 2008 iMac 2.5 GHz Intel Core i5 SN D25HHDZKDHJF $1200 2012 CONTROL ROOM Intel Pentium 2.8 GHz $300 2005 MC-100VP 3 -up LCD Monitor SN A563151099 $300 2005 ROLAND MA -20 Studio Monitors (2) $50 1998 Editing/PSA Power Macintosh Dual 2 GHz PowerPC G5, 5 GB SN G86187JEUVO $800 2008 STATION ONE iMac 2.16 GHz Intel Core2Duo, 4 GB SN QP7140KQVUM $1000 2009 STATION TWO iMac 3.06 GHz Intel Core2Duo, 4 GB SN Q13910031-250 $1500 2010 STATION THREE iMac 2.66 GHz Intel Core2Duo, 4 GB SN W8905... $1500 2010 STATION FOUR iMac 2.5 GHz Intel Core i5, 4 GB SN CO2FPYM6DHJF $1500 2011 DIRECTOR OFFICE iMac 2.8 GHz Intel Core i5,4 GB SN W811414HD85 $1500 2011 STAFF ONE iMac 2.9 GHz Intel Core i5, 4 GB SN D25KF14XDNMN $1600 2013 STAFF TWO iMac G5 1.8 GHz PowerPC, 512 MB $400 2006 DONATED TO GOODWILL Power Macintosh G5, 2 GHz Power PC, 1 GB SN G85465UNT39 $500 2006 SOLD TO ACIE EARL Power Macintosh G4,1.2 GHz Power PC, 786 MB SN XB0038AUHLA $250 2003 DONATED TO GOODWILL Sony DSR -11 MiniDV VTR SN 91229 $500 2008 Panasonic AG DV100 MiniDV VTR SN D2TD00655 $250 2004 Canon LIDE35 Scanner SN F916900 $100 2006 LaCie External HD 1 & 2 TB storage, assorted (13) $200 2009-2012 NTSC Monitors, assorted (8) Added Nov. 2013 Dishwasher Microwave Refrigerator Josh's Office Desk Chair File cabinet Brother Printer Fax Ipad 4 Canon T4i Panasonic AG ac 90 (3) checkout Desk (7) Chair (17) Spider GE VCR SVHS Dish Network Box Prime Image TBC Freeze II Canon D340 Fax/Scan/Print File cabinet ASUS computer and monitor 2 couches 5 tables Small refrigerator Small microwave Tricaster 40 New Tek Vizio HD monitor Panisonic VHS deck Technics cassette deck Curtis DVD player Numark MP 102 Pro CD player Sony Triniton 8" monitor Panasonic DMR EZ28 DVD recorder Canon scanner 4200 Curtains and rails (2) Sound panels 2 florescent studio lights Light rack with stand Lite Panels 1000w with stand Truss on wheels Stacking chairs (8) Mic snake 12 channel Ergon stand ASUS monitor Sony Triniton monitor, 13" JVC SVHS deck Post Production Easy Key keyboard Edit table (2) Acer monitor JVC Mini DV SVHS deck Photocopier Mita DC 2360 Listed but not found Samsung SG03 32' LCD HDTV Monitor SN AZA43CTS306998H $900 2008 2014 Equipment Purchases 1-15-14 - Del Inspiron laptop - $450 - 15-3521 DPN:PJ8 GD A00 2-3-14 - Lav Mic — $99.00 — ME -2 Omnidirectional Condenser Lavalier Mic 3-11-14 — Ravelli Light Stand — ASIN: B003TM600U Manfrotto Head — MVH502AH — Fluid Head LED Panel — Fancierstudio 1008 LED Light Panel — ASIN: B003TYFVNA 16 Rechargeable Batteries — Amazon AA -$571.41 3-11-14 — Manfrotto Tripod Legs - $139.95 — 055XB Classic Legs — ASIN: BOOOUH7X1 C 4-2-14 — 7 in 1 Reflector — Neewer SKU: 10059142 — Model # 10059142 2 Canon Replacement Batteries — 7.2V Lithium -Ion — Model # But -7130 -$38.90 4-29-14 — DVD Recorder - $95.10 — Toshiba DVD Video Recorder — DR43 — D45E 047 — KU63 01 5-13-14 — Teleprompter System - $131.44 — Model # R810-4 5-13-14 — 3 Sennheiser Headphones - $68.10 — HD201 - Model # 500155 6-2-14 — Rechargeable Battery Charger — Energizer 4x— Model # CHVCMWB-4 32 Rechargeable Batteries — Amazon AA -$73.69 7-2-14 — Roku 2 - $59.99 — Model # 2720X — SN: 1 RE3A5062954 7-9-14 — 2TB Hard Drive - $134.05 — SN: 16031406031633QHB — LaCie Porsche Design 7-22-14 — 2 72mm Polarizer Filters — Tiffen — Model # 72CP — ASIN:B00004ZCGX 3 49mm UV Filters — Tiffen - Model # 49UVP — ASIN: B00004ZCJF 1 49mm Polarizer Filter — Tiffen — Model # 49CP — ASIN: B00004ZC9L -$80.76 7-23-14 — 50mm Lens - $42.00 — Nikon — E -Series - 3286296 7-30-14 — Lens Adapter - $24.56 — Fotodix N/G-EOS - ASIN: B008BBIBOM 10-27-14 — 2 Sennheiser Headphones - $50.88 — HD201 — Model # 500155 10-29-14 — 2 4TB Hard Drives - $359.98 SN: 15801409181931QHB — LaCie Porsche Design SN: 15801409181930QHB — LaCie Porsche Design 11-17-14 — 2 Lens Adapters - $36.38 — Fotodix N/G-EOS — ASIN: B008BBIBOM 11-17-14 — 50mm Lens - $15.00 — Nikon — E -Series - 3243454 11-17-14 — 24mm Lens - $25.00 — Nikon — 702714 12-1-14 — GoPro Hero 4 Black Edition + 64gb SD Card — Model # CHDHX-401 12-3-14 — 2 Monopods — $179.80 - Manfrotto - 558B New Tricaster Serial Number: NA5014471295308 2015 Equipment Purchases 2/2015 — Sennheiser Evolution G3 Wireless Microphone Combo Model C/566-608 MHz, $800 SNs# 44840595, 4524008678, 4494025124 2/2015 — Panasonic Digital Camera Model DMC-GH4, $1500 SN# WE4KD001104 2/2015 — Sigma Art Lens Model 18 -35mm, $800 SN# 509384708 2015 Equipment Donated to PATV (exclusions list) 2/2015 — Dell Laptop DPN: GYXJ3 A00 JSD2 SN: 58SFKM1 2/2015 — Dell Laptop DPN: CFGY2 A00 SN: D09MRM1 2/2015 — Dell Laptop DPN: GYXJ3 A00 JSD2 SN: 96W6TM1 3/2015 — Dell Monitor Model 1704 FPTt SN: CN-OY4299-71618-5568-ABDH 3/2015 — Dell Monitor Model 1704 FPVs SN: MY-OH6304-47603-532-AZGU 3/2015 — Dell Monitor Model 1704 FVPI SN: CN-056642-71618-5BM-AGKB Fixed Assets (March 31, 2015) 206 Lafayette Street Building & Land -- $286,683.50 Building Improvements -- $172,573.84 Accumulated Depreciation - BL -- $82,561.92 Accumulated Depreciation - BI -- $48,240.29 Equipment, Furniture & Fixtures -- $201,084.88 Accumulated Depreciation - Eq. -- $153,902.98 Total Fixed Assets -- $375,637.03 Current Assets (March 31, 2015) Cash In Bank -- $49,128.62 Total Checking/Savings -- $49,128.62 Other Current Assets (March 31, 2015) Health Ins Tax Credit Receivable -- $92.37 UICCU - CDs -- $12,244.41 BDF Investments -- $21,249.44 Total Other Current Assets -- $33,586.22 Total Current Assets -- $82,714.84 05-19-15 r CITY OF IOWA CITY 3d(9) MEMORANDUM Date: May 14, 2015 To: Tom Markus, City Manager From: Ty Coleman, Media Production Services Coordinator Re: Agreement by and between the City of Iowa City and Public Access Television, Inc. for Funding, Operation and Management of the Local Public Access Function. Introduction: A new contract has been negotiated between the City of Iowa City (the City) and Public Access Television, Inc. (PATV) for the provision of public access services to the residents of Iowa City. While the proposed agreement is very similar to past agreements, some changes have been proposed in an effort to provide PATV with further opportunities for identifying, investigating, and pursuing alternative funding sources. Due to changes in state law, funding for public access operations is not expected to be provided by Mediacom after the contractual expiration of the franchise agreement between the City and MCC Iowa, LLC (Mediacom) in August 2018. History/Background: The 2005 franchise agreement between the City and Mediacom provides that Mediacom will make an annual payment in support of the day-to-day operations of a public access service. The public access funding is separate from the franchise fees paid to the City on a quarterly basis, which is equal to five percent of gross revenues from Iowa City cable TV subscriptions and some other related sources. The public access payment amount is based on an original amount of roughly $190,000 and has increased from year to year to account for inflation. The 2015 payment was roughly $238,000. Over the past 25 years, the public access function in Iowa City has been contracted to the local non-profit known as Public Access Television, who has used this funding to offer field and studio production equipment, editing facilities, training, distribution of programming on the local public access TV channel, and professional staff assistance to the residents of Iowa City for the purpose of creating their own video programming for cablecast on the local cable TV system. In 2007, Iowa adopted new legislation that provided a state franchising process for cable TV providers. In October of 2013, Alliance Technologies, Inc. applied for and received a state franchise, naming Iowa City as one of the communities within which it intended to provide video service. This allowed Mediacom to immediately convert to a state franchise. The state law provides that much of the local franchise agreement will remain in effect throughout the term of the agreement, which expires on July 31, 2018. After this date, it is expected that Iowa City will be unable to negotiate a new, local agreement with Mediacom and funding for public access services will cease. Recently, the City petitioned the Iowa Utilities Board (IUB) to revoke Alliance's certificate of franchise authority for Iowa City due to its failure to provide service within a year of obtaining a franchise. Alliance responded by filing a notice of termination of its franchise with the IUB, effective May 1, 2015. These events do not affect the funding to be provided for public access services, which is expected to continue until August 2018. Over the past several years, City staff have made certain that PATV staff and board are aware of this funding issue at meetings, negotiations, conversations, and other communications, and continue to emphasize the need for eliminating its reliance on City funding, which has only been made available by the cable company and its agreements with the City. While PATV staff have informed me of a number of fundraising efforts and strategies currently being utilized to generate additional income, the City has encouraged PATV to develop a strategic plan to address its future funding needs, while also closely examining and prioritizing the services it offers. May 14, 2015 Page 2 The proposed contract has included some additional means by which PATV may generate income as it works towards self-sufficiency. One is the allowance for charging all users an annual membership fee for equipment checkout, use of facilities, and training workshops. The previous contract had removed this allowance in an attempt to allow Iowa City residents to use the service for free. Both parties agree that while the financial benefit is small, it is one way to add to financial reserves intended for the purpose of sustaining some level of service when Mediacom support ends. This contract also clarifies that PATV staff and volunteers may engage in commercial activity for generating revenue. This method has been explored and tested by PATV in the past and does offer some opportunity for additional income, though the demand for video production services in a market of our size may not be enough to generate a substantial amount. The contract provides a means for PATV to keep a separate accounting of funds and assets acquired outside of Mediacom funding, as was included in an amendment to the current agreement. The City may, upon request, receive a reporting of this account and its related activities. Also included is a list of PATV's current assets acquired with funds provided by the City. In the event that this contract is terminated, which may include expiration, PATV shall be required to transfer all assets that have come from the City or have been purchased with funds provided by the City to the City itself or to an organization the City designates. Included in the list of assets mentioned above is the facility purchased by PATV. PATV currently operates out of the lower level of this building and rents the upper level to a local non-profit organization. City has a mortgage that secures a $125,000 loan provided by the City for PATV's purchase of this facility. While the process for renewal or renegotiation has been removed in this contract, it has been added that the City and PATV may consider, without guarantee, developing a new agreement whereby PATV could continue to utilize equipment, facilities, and other assets gained from prior public access funding in order to continue some level of services for Iowa City residents. I would suggest that this option, which does not include funding provided by the City, might be considered should PATV prove to gain a means of financial independence by the expiration of this proposed contract. Finally, the proposed contract does provide that the City shall only be obligated to provide PATV with funds as long as Mediacom continues to make public access payments to the City. Financial Impact: The funding provided to PAN by the City is contingent upon Mediacom's payment of Public, Education, and Government (PEG) support fees to the City. This funding is separate from the franchise fees, which is calculated at five percent of the company's gross revenues from Iowa City cable TV subscribers. The contract provides that the City is under no obligation to provide funding to PATV, should Mediacom discontinue payment of PEG support fees. Recommendation: Staff recommends that Council approve the resolution. May 11, 2015 Council Members 410 E. Washington St. Iowa City, IA 52240 City Council, The Iowa City Telecommunications Commission would like to extend its recommendation to approve the proposed contract between the City and Public Access Television, Inc. (PATV). Based on comments from the community and our own experience with PATV, this is a valuable asset to our community and should continue to be a service that is available to the public. We have also included comments from the community, received at a special meeting held on March 23, 2015, regarding PAN and the services that they provide. Respectfully, The Iowa City Telecommunications Commission Alexa Homewood -Weldon Nick Kilburg Bram Elias Laura Bergus Derek Johnk APPROVED IOWA CITY TELECOMMUNICATIONS COMMISSION SPECIAL MEETING MONDAY, MARCH 23,2015--5:30 P.M. PUBLIC LIBRARY MEETING ROOM A MEMBERS PRESENT: Alexa Homewood, Nick Kilburg, Bram Elias, Laura Bergus, Matt Butler MEMBERS ABSENT: STAFF PRESENT: Ty Coleman, Mike Brau PUBLIC COMMENTS ON PATV PERFORMANCE Mathew Wiegard said he has made use of PATV's services for 20 years beginning when he was 16 years old. The skills he acquired at PATV gave him the confidence to pursue a degree at the University of Iowa in cultural anthropology where he is engaged in making ethnographic videos. The quality of public access opportunities is one of the things that makes Iowa City unique and contributes to the quality of life enjoyed here. PATV staff are very helpful and do a very good job. Judy Worth said she is a social worker working with people with disabilities at University Hospitals in partnership with Goodwill and the Iowa City Community School District for the "Career Connections" program. "Career Connections" has developed a relationship with PATV in which at risk and students with disabilities can learn video productions skills at PATV. The staff at PATV is very patient and helpful. The caliber of the equipment is quite good. The job skills and social skills the students learn help them develop and grow as independent individuals. Worth said she also works with the animal shelter and has collaborated with PATV staff to produce a training video for them. The people who utilize PATV are making valued contributions to the community. Rene Paine said PATV brings rich and diverse voices to the community. PATV is a valuable enterprise that allows community members to learn and share. Every effort should be made to sustain PATV as a community resource. Ronnie Jacobs with the Steam Room Fab Lab said PATV staff is very tolerant and do a remarkable job. The Fab Lab enables community members to take and idea and create a product for their own use or to build a business. PATV was one of the first organizations he sought out to partner with. Both seek to give people a place with the tools and education to enable their ideas to come into fruition. PATV is a community resource that the Steam Room wishes to model itself upon. David Supp-Montgomerie said PATV is more than a media organization—it is a hub of our community. Supp-Montgomerie said he moved to Iowa City a little over a year ago to teach in the University of Iowa Communications Studies Department and was referred to PATV as an organization that could help him interface with other community organizations. With the assistance of PATV staff Supp-Montgomerie's "Media and Democracy" class has produced public service announcements for 10 local organizations. Tom Nothnagel said he has worked with PATV since its creation. He has produced over 1000 programs and during that time has processed hundreds of interns and volunteers. Over the yeas he has seen many people of all ages, nationalities, and abilities gain experience in media. PATV is an important community resource. Nothnagel is the president of the PATV board and noted that PATV is well managed. PATV is frugal. PATV is working to reinvent itself over the next three years in preparation for the expiration of the timeframe in which they receive funding from Mediacom. Paul Meyer said he has been working with PATV for only a short time and is interested in the types of programs and content that serves the larger community that will not be produced on commercial television. There are topics such as domestic violence or eastern European politics that are going to offend someone who is a sponsor of that program. A public access channel provides venue for news programs or discussion programs that can deal with topics that will not be discussed in the mainstream media. Tom Gilsenn said PATV is an important community partner for Up Town Bill's, which he manages. PATV has strengthened and expanded their work in numerous ways. In addition to PATV recording and playing back numerous performances that were held at Uptown Bill's, they helped them on a program called "Hello,•It's Us." PATV is a great gift in the community. Holly Berkowitz said she has been a producer at PATV for about 20 years. The staff at PATV does a great job. PATV has helped her grow as a person in a number of ways. Pasi Jouhikainen said when he came from Finland 20 years ago PATV served as the first place where became engaged in the community. PATV is unusual in the quality of its equipment, the range of activities one can become engaged, and the level of expertise of the staff. Jouhikainen has visited cities 10 times the size of Iowa City that don't have public access services nearly as good as those at PATV. PATV provides an equal opportunity for all community members. While technology has made it easy for someone to shoot a video on a cell phone and use a computer to upload it to YouTube, there is still a cost associated with the equipment to do so. While PATV does charge dues for membership, that cost can be earned by volunteering time. PATV offers an opportunity for users to develop tangible, marketable skills. PATV helps make Iowa City is a richer community. Alan Stroh said the mass media has been undergoing corporate consolidation concentrating more and more power as well as more control over the message and content. Those at the top have the ability to instantly transmit their point of view in a mass way. People do not have a sophisticated way to present their messages—that's where PATV comes in. The modern television studio is the equivalent of the printing press. Iowa City has access to a modern studio. That is rare and takes a sacrifice on part of the community. PATV gives a voice to the voiceless. Ava Su Gum-Wei (sp?) said PATV enables community members to express themselves. PATV enhances community communication and promotes education. Bill Albert said that he has been a producer for 4 years. Iowa City is proud to be a "City of Literature". Now days literature includes film and video. Iowa City should be proud of the rich community of literature of the spoken word and theater. PATV provides one more part of the "City of Literature" and it should be preserved. James Minims said he is a member of the PATV staff. Until other speakers mentioned it, he had not considered all the communities PATV serves. Among those are youth from the Neighborhood Centers, boy scouts and cub scouts, the City Recreation Department's summer camps, disabilities groups, over 30 different religious organizations, artist and musicians, the Iowa City Community School District, and Arabs and Muslims. These voices will only find a voice on a public access channel. PATV is a valuable resource for the city. Ray Pearson said that PATV has a good staff and good producers. It is important for community for PATV to continue to provide service. Pearson said he is a minister and has worked with PATV for about 5 years. The programs produced have an effect in the community. There are many people who cannot get out to go to church and PATV fills that need. Lyle Harris said he started working with PATV in 1990. His first program was a children's program produced by children. The children were involved in all aspects of the program and at one point even interviewed the president of the University of Iowa. PATV was a positive influence in those kids lives and contributed to their later success. Harris said his work at PATV helped him overcome his shyness. Harris also produced a talk show for adults. PATV has made a positive impact in many kid's lives and should be maintained. Marc Bauer said he is an intern at PATV. His learning experience at PATV is invaluable and would not be available in many other places. PATV enables many voices be heard that would not otherwise. Megan Hopkins said is an intern at PATV for a few weeks and has already learned many new skills. The impact PATV has in the community and with its clients is easy to see. Homewood thanked everyone for their input. ADJOURNMENT Homewood moved and Kilburg seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:30 p.m. Respectfully submitted, Michael Brau Cable TV Administrative Aide 3d(10) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-164 CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND NATIVE WINES DURING ARTS FEST, JAZZ FEST, AND IOWA SOUL FESTIVAL WITHIN A SPECIFIED AREA ON A CITY STREET. WHEREAS, section 4-5-313 of the City Code allows private entities to sell beer and wine and persons to consume beer and wine in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; WHEREAS, Summer of the Arts, Inc. would like to be able to sell beer and native wines in a demarcated area on a City street during Arts Fest, Jazz Fest, and Iowa Soul Festival; and WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to sign the attached agreement and any needed amendments. Passed and approved this 19th day of May , 2015. w MAYOR Approved by ATTEST: CI CLERK City Attorney's Office Resolution leo. ]Page 2 15-164 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Botchway x Dickens x Dobyns x Hayek g Mims g Payne g Throgmorton 2015 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND NATIVE WINES DURING IOWA ARTS FESTIVAL, IOWA CITY JAZZ FESTIVAL AND IOWA SOUL FESTIVAL This Agreement is made between Summer of the Arts, Inc. ("SOTA") and the City of Iowa City, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS, SOTA is an "authorized entity" as that term is defined in section 4-5-3D of the City Code; WHEREAS, SOTA has applied for a license to sell beer (with the privileges to sell native wine) during the Iowa Arts Festival ("Arts Fest"), and the Iowa City Jazz Festival ("Jazz Fest") and Iowa Soul Festival ("ISF") in downtown Iowa City; and WHEREAS, the parties wish to enter into an agreement to allow SOTA to sell beer and native wine and to allow persons to possess and consume beer and native wines under limited circumstances on downtown City streets. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. a) Arts Fest. In consideration for SOTA's promises herein, the City agrees to allow SOTA control over the area in the 200 -block of Iowa Avenue from June 5, 2015 through June 7, 2015 as shown on the diagram which is attached, marked Exhibit A, and incorporated herein ("Arts Fest authorized site"). b) Jazz Fest. In consideration for SOTA's promises herein, the City agrees to allow SOTA control over the area east of MacBride Hall on N. Clinton Street from July 2, 2015 through July 4, 2015 as shown on the diagram which is attached, marked Exhibit B, and incorporated herein ("Jazz Fest authorized site"). c) ISF. In consideration for SOTA's promises herein, the City agrees to allow SOTA control over the area in the east of MacBride Hall on N. Clinton Street from August 28, 2015 through August 29, 2015 as shown on the diagram which is attached, marked Exhibit C, and incorporated herein ("ISF authorized site"). 2. Term. This agreement shall commence on June 5, 2015 and shall expire on June 7, 2015 for Arts Fest, shall commence again on July 2, 2015 and shall expire again on July 4, 2015 for Jazz Fest, and shall commence again on August 28, 2015 and shall expire on August 29, 2015 for ISF. 3. Access. SOTA shall take all reasonable steps to ensure that every person on the authorized site has a stamp or wrist band for entry or is an employee of, an independent contractor of, or volunteer for SOTA and shall exclude any person who is not. 4. License. This agreement is void if SOTA does not have a license to sell beer and native wines on the Arts Fest authorized site at any time during the period of June 5, 2015 through June 7, 2015, on the Jazz Fest authorized site at any time during the period of July 2, 2015 through July 4, 2015, and on the ISF authorized site at any time during the period of August 28, 2015 through August 29, 2015. 5. Sale of Beer/Native Wines and Alcohol Restrictions. SOTA shall only sell beer to a person who is over twenty-one (21) years of age. SOTA acknowledges that the authorized sites are subject to all applicable alcohol restrictions in the City Code including Ordinance No. 10-4388 that restricts entry to those over twenty- one (21) years of age after 10:00 p.m. with limited exception. 6. Advertisement. SOTA shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior tent wall. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized sites without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. SOTA shall be solely responsible for collecting all debris and trash from the authorized sites, and the City shall then remove the debris and trash. If SOTA fails to do so and if City staff has to collect the debris and trash from the authorized sites, SOTA may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. No Smoking. Smoking is prohibited in the authorized sites, and SOTA shall post a no -smoking a sign at the front entrance to the authorized sites and two signs inside the authorized sites. The signs shall comply with Iowa Code Section 142D.6 (2015). 10. Temporary Toilet Facilities. SOTA shall provide at its sole cost ten (10) temporary toilet facilities during Arts Fest in the location shown on Exhibit A, eleven (11) temporary toilet facilities during Jazz Fest in the location shown on Exhibit B, and eleven (11) temporary toilet facilities during ISF in the location shown on Exhibit C, including two (2) that are handicap accessible. 11. Occupancy and Exits. The maximum occupancy load of the Arts Fest authorized site is 296 persons, the Jazz Fest authorized site is 359, and the ISF authorized site is 400 persons, and SOTA is solely responsible for maintaining the occupancy limits. SOTA shall post a sign with the maximum occupancy load inside the authorized site. SOTA shall maintain two (2) exits in each authorized site and post "exit" signs at both exits, with the location and size of the signs to be approved by the City Fire Department. Each exit must be a minimum 36 inches in width. 12. Anchoring and Drilling. SOTA shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 13. Fencing. At a minimum, the authorized site shall be enclosed by a double row of fencing. If available, the City prefers a fencing product that is a single fence 2 that consists of six feet (6) interlocking panels with a mesh that does not allow for a container of beer or wine to get passed from through the fencing. 14. Fire Lane. SOTA shall maintain a fire lane of twenty feet (20') between the outside fence and the vendors across the street, unless approved by the Fire Code Official. 15. Insurance. a) Premises Insurance. From June 5, 2015 through June 7, 2015, from July 2, 2015 through July 4, 2015, and from August 28, 2015 through August 29, 2015, SOTA shall cant' comprehensive general liability insurance for bodily injury and property damage on the Arts Fest, Jazz Fest, and ISF authorized sites respectively in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. SOTA shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. SOTA shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. From June 5, 2015 through June 7, 2015, from July 2, 2015 through July 4, 2015, and from August 28, 2015 through August 29, 2015, SOTA shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2015) in the amount of $500,000 (five hundred thousand dollars). SOTA shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsement. SOTA shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit D, which is attached and incorporated herein. 16. Indemnification. SOTA shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer and native wines on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, or possession of beer and native wines on the Arts Fest, Jazz Fest, and ISF authorized sites. 17. Non -Discrimination. SOTA shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment' shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 3 18. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 19. Assignment and Subletting. SOTA shall not assign or sublet this agreement without prior written approval of the City. 20. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. Dated, this 19th SUMMER OF THE ARTS, INC. By: Lisa J. Vles THE CITY OF IOWA CITY day of May, 2015. M. Markus, City Manager SUMMER OF THE ARTS, INC. ACKNOWLEDGMENT STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on Ma`f (':5) , 2015 by Lisa J. Bames as Executive Director of Summer of the Arts, Inc. d � - Notary Public in and for the State of Iowa My Commission expires: Appro by: 7`�- �-lJ--�) City Attorney's Office 4 KATHLEEN M THORNTON ; Commission Number 764003 ��- Commission Expires E. -if '+ENG40800-631-6989 x x W 1 CLINTON STREET I F] ti z 'lMt ao O O k x O k d F O y O a c Ok k Ok D El El k a o _ 7 > m 8 k '+ENG40800-631-6989 x x W 1 CLINTON STREET N �3 240 m W ` N m O �Ul G)O rh D D TD T1 m z� oV) D -j D D r - z I 'lMt O O O x O k O O k O Ok k Ok m k O A A A k k k X Q k k , b z b � m O 0 0 m z °v z 0 0 A N �3 240 m W ` N m O �Ul G)O rh D D TD T1 m z� oV) D -j D D r - z I [PENGOJ631-6989 IOWA AVE r ❑❑ m Z 5 y 1 a 7; m �uUl ` SO■ 1 k o n a n y c G �^ P P Q - - O yy 0 0 � _ a � 1 � q F [PENGOJ631-6989 IOWA AVE W oil, MEMO O �uUl ` SO■ G)O m ■■■ D ■■ rrM p N m N Z m D � � D lu�■Moo r > ■ &&ME ■ ©■■■ ■ RR®© ■ NH®n■_ ■ ""mgo VUE■ a000 ■■IN 7■M■■■ _ NONE_ MEMO MM■■ W N m O �uUl G)O m D D p N m N Z m D � � D r > PENGAD 800-631-6989 W ❑❑ < y? naw F N rt A o 7 m n ■ ac ■■ a F D '^ 6 P V 7C7 Eil ❑ El � _ ^ o r ■ -n PENGAD 800-631-6989 W 0 — 00 < ■ 0 ■ oM ■■ m D 1,1 I V M■■ V 7C7 no BOMM nn r ■ -n ■■ D ■ of D ■! . DIEM■■■ oIMMM■M m■■■■■ ■E■■■■ M■■■■■ MEMO■■ M■■■■■ M■■■■■ M■M■MM IMEMEME 0 — 00 < N 0 m 0 m D 1,1 I V V 7C7 0 m r Z -n m D � � D D Z City of Iowa City, Iowa Governmental Immunities Endorsement 1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa, shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Prepared by: Trent Hansen, 410 E. Washington St., Iowa City, IA 52240, (319)356-5433 RESOLUTION NO. 15-165 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 2, 2015 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIBER INFRASTRUCTURE - IOWA CITY SOUTH PART 1 - DUCT INSTALLATION 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 S. Wastewater Fiber Repair/Redundant Path account # 14722. 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 2nd day of June, 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 19th day of May , 2015. ATTEST: CITY CLERK pweng\masterstsetph.doc 1111 MAYOR Approved by ity A orney's Office Resolution No. 15-165 )Page 2 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne g Throgmorton CITY OF IOWA CITY UNESCO CITY OF LITERATURE CITY OF IOWA CITY MEMORANDUM DATE: June 5, 2014 TO: Tom Markus, City Manager FROM: Trent Hansen Voice/Data Network Analyst RE: Wastewater Fiber Repair/Redundant Path Introduction: This project will replace the damaged duct and add a redundant cable route to the Wastewater facility. Plans and speculations for this project have been completed by Communications Infrastructure Services Group. History/Background: The route being replaces was installed in 1990 with in construction of the South Wastewater plant. A 1" corrugated duct was install leaving the City with no room for expansion. The duct was damaged during Gilbert and Sycamore road project, hence locating the fiber route in this area cannot be accomplished. Last fall a mower hit a hand hole destroy the cover rodents got access to the cable chewing threw half of the cable. The cable was again hit during the Wastewater plant expansion last year and again this year when the south plant had a gas leak. Discussion of Solution: The two new 2" HDPE ducts and hand holes allows us to install a larger strand count cable to the Wastewater plant to accommodate for new City facility's. The duct will be routed outside of the main plant operations area avoiding future cuts. The redundant route will provide the second of two diverse routes to supply communications to this area and replace service to the Wastewater plant. The redundant route also allows ITS to make the Wastewater facility the south fiber hub to enhance services and connectivity to city facilities on the south side of the city such as the new Public Works site, Animal Shelter, and Parks building. Financial Impact: The estimated construction cost for this project is $200,000. It will be funded with General Obligation bonds. Recommendation: Staff recommends proceeding with the following schedule for this project: • May 19 - Set Public Hearing • June 2 - Hold Public Hearing • June 16 - Award Project Prepared by: Karen Howard, Associate Planner, 410 E. Washington St, Iowa City, IA; 319-t;1 ( y5-00002) RESOLUTION NO. A RESOLUTION AMENDING THE SOUTHEAST DISTRI T PLAN ANUMb4I2OF THE COMPREHENSIVE PLAN, TO CHANGE THE LAND USE FROM MIXED USE TO MEDIUM/HIGH-DENSITY SINGLE F MIL 4, AND MULTI -FAMILY RESIDENTIAL FOR PROPERTY L ATED SOUTH OF OURT STREET, WEST OF TAFT AVENUE. (CPA15-00002) WHEREAS, the to a City Comprehensive Plan se es as a guide for directing growth, development, and mix o land uses within the city while preserving the unique heritage, culture and environmental assets of the community.As such it ffects the shared vision for the future of Iowa City and establishes broad set of goals and obje etives to achieve that vision; and WHEREAS, the Southe t District Plan, an eleme t of the Comprehensive Plan is intended to promote patterns of land us urban design, infra ructure and services that encourage and contribute to the livability of So theast Iowa City a is to serve as a guide to decision-making, public deliberation, and investme ;and WHEREAS, if circumstances c ange and/or ditional information or factors come to light, a change to the Comprehensive Plan, cluding the istrict plans, may be in the public interest; and WHEREAS, the Southeast Distric Plan wh adopted in 2011 indicated that property at the corner of Taft and Court Street in a far ortheast corner of the Southeast District was appropriate for a mix of commercial nd esidential uses and was zoned Neighborhood Commercial; and WHEREAS, certain expected changes expected, including the school district decis' such that the anticipated traffic, pace and n: development at this location; and WHEREAS, encouraging commercia dev productive to the City's efforts to revitali and : the subject location have not materialized as not to build an elementary school near this comer "ty of development is not likely support commercial in existing eastside commercial nodes, ch as To% WHEREAS, the Planning and ning Com determined that circumstances ha v changed comprehensive plan is warranted. nent in this outlying location may be counter - ain ahealthy market for commercial services �n rest and Sycamore Mall; and nis ion has reviewed this amendment and to a extent that an amendment to the NOW, THEREFORE, BE IT RES LVED BY THE CITYXPOUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT THE S THEAST DISTRICT VLLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN, BE AMENDED AS FOLLOWS: Amend the Southeast D' trict Plan Map designation for\property at the corner of Court Street and Taft AvenO from Mixed Use to a combined designation of "Medium/High Density SF and Townhouse" and "Multi -Family." The map key to this designation will indicate a mix of duplex, townhouse and low density multi -family residential at a development density of 8-13 dwelling units/acre. Amend the Southeast District Plan narrative to indicate that development of this property should contain a mix of low to medium density housing types with units oriented toward the town square park and toward Court Street, Taft Avenue, and Huntington Drive with parking located central to the lot and behind the buildings and screened to provide an attractive residential character to the streetscape along the park and along neighborhood streets. Resolution No. Page 2 • Delete text within the Southeast District Plan to eliminate reference to neighborhood commercial in this location. Passed and approved this day of 12015. ATTEST: Prepared by: Karen Howard, Associate Planner, 410 E. Washington St, Iowa City, IA; 319-356-5251 (CPA15-00002) RESOLUTION NO. 15-166 A RESOLUTION AMENDING THE SOUTHEAST DISTRICT PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN, TO CHANGE THE LAND USE DESIGNATION FROM "MIXED USE" TO "LOW/MEDIUM DENSITY MIXED RESIDENTIAL" FOR PROPERTY LOCATED SOUTH OF COURT STREET, WEST OF TAFT AVENUE. (CPA15-00002) WHEREAS, the Iowa City Comprehensive Plan serves as a guide for directing growth, development, and mix of land uses within the city while preserving the unique heritage, culture and environmental assets of the community. As such it reflects the shared vision for the future of Iowa City and establishes a broad set of goals and objectives to achieve that vision; and WHEREAS, the Southeast District Plan, an element of the Comprehensive Plan is intended to promote patterns of land use, urban design, infrastructure and services that encourage and contribute to the livability of Southeast Iowa City and is to serve as a guide to decision-making, public deliberation, and investment; and WHEREAS, if circumstances change and/or additional information or factors come to light, a change to the Comprehensive Plan, including the district plans, may be in the public interest; and WHEREAS, the Southeast District Plan when adopted in 2011 indicated that property at the corner of Taft and Court Street in the far northeast corner of the Southeast District was appropriate for a mix of commercial and residential uses and was zoned Neighborhood Commercial; and WHEREAS, certain changes at the subject location have not materialized as expected, including the school district decision not to build an elementary school near this comer such that the anticipated traffic, pace and density of development is not likely to support commercial development at this location; and WHEREAS, encouraging commercial development in this outlying location may be counter- productive to the City's efforts to revitalize and maintain a healthy market for commercial services in existing eastside commercial nodes, such as Towncrest and Sycamore Mall; and WHEREAS, the Planning and Zoning Commission has reviewed this amendment and determined that circumstances have changed to the extent that an amendment to the Comprehensive Plan is warranted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT THE SOUTHEAST DISTRICT PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN, BE AMENDED AS FOLLOWS: 1. Amend the Southeast District Plan Map designation for property at the corner of Court Street and Taft Avenue from "Mixed Use" to a designation of "Low/Medium Density Mixed Residential," as shown on the plan map attached hereto. The map key to this designation will include the following description: Low/Medium Density Mixed Residential Intended for medium to high density single family residential development, including zero lot line development, duplexes, townhouses, and narrow lot detached single family housing. Low density multi -family residential may also be appropriate if buildings are designed in a manner that is compatible in scale and design to the lower scale residential dwellings in the neighborhood. Suitable for sites where a Resolution No. 15-166 Page 2 single -loaded street is desirable to provide visibility and access to public open space, or where clustering is desirable. Development Density. 8-13 dwelling units/acre. 2. Amend the Southeast District Plan, deleting the last paragraph on p.14 in the section on the "Windsor Neighborhood" and substituting in lieu thereof the following paragraph: At the far northeastern corner of the Windsor Neighborhood, a town square - type neighborhood design is being developed with a mix of townhouses, duplexes and low density multi -family buildings that are oriented toward a central town -square park. Care should be taken in the design of these properties to ensure that residential entries are oriented toward the town square park and toward Court Street, Taft Avenue, and Huntington Drive with parking located behind buildings and screened from public view to provide an attractive, pedestrian -oriented residential character to the streetscape along the park and along neighborhood streets. 3. Delete the section on p. 36 of the Southeast District Plan entitled, "Court and Taft Neighborhood Commercial Node." Passed and approved this 19th day of May , 2015. ATTEST: CI�YCLERK Approved by: - 13 City Attorney's Office Resolution leo. 15-166 Page 3 It was moved by Dobyns 'and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton "Tirfr- 5e �.,w Prepared by: John Yapp, rev. Srvcs. Coor., 410 E. Washington St, Iowa City, IA 52240; 319-356-5252 (SUB 15-00002) RESOLUTION NO. 15-167 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PLEIADES FIRST ADDITION, IOWA CITY, IOWA. WHEREAS, the Applicant, Focus Commercial Real Estate LLC, filed with the City Clerk, an application for approval of the preliminary plat of Pleiades First 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 Pleiades First 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 19 day of May , 20 15 MAYOR \, A oved by ATTEST: zw CI LERKCity Attorney's Office 5- rr 3jry It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: X Botchway Dickens x X Dobyns X Hayek —_ X Mims _ X Payne X Throgmorton s\pcd\preliminary plat - resolution pleiades.doc To: Planning and Zoning Commission Item: REZ15-00002/SUB15-00004 Pleiades First Addition GENERAL INFORMATION: Applicant: Contact: Property Owner: STAFF REPORT Prepared by: John Yapp and Bailee McClellan, Planning Intern Date: March 19, 2015 Focus Commercial Real Estate, LLC 1805 State Street, Suite 101 Bettendorf, IA 52722 Jason Harder 319-360-2564 jasonh@buildtosuitinc.com Pleiades LLC 6320 Berkshire Pass Leesburg, FL 34748 Requested Action: Rezoning from Low Density Single Family Residential (RS -5) to Mixed Use (MU) for one lot (4.26 acres) and Preliminary Plat approval for the entire property Purpose: To allow a 2 -lot subdivision and development of a medical clinic Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: Dubuque Road and N. Dodge Street 7.15 acres Vacant, RS -5 North: Residential, OPD -5 South: Developing Residential, RM -12 and Vacant, RS -8 East: Sensitive Areas, RS -5 West: Commercial, CN -1 and Residential, RS -8 North District Plan N1- Dubuque Road January 29, 2015 Waived to March 19 Ask 2 BACKGROUND INFORMATION: The applicant, Focus Commercial Real Estate, LLC, has requested a rezoning from Low Density Single Family Residential (RS -5) zone to Mixed Use (MU) zone for 4.26 acres of property and preliminary plat approval of Pleiades First Addition, a 2 -lot, 7.15 acre subdivision located at the northeast corner of Dubuque Road and N. Dodge Street. Lot 1 of the proposed subdivision consists of the southwestern 4.26 acres of the property and Lot 2 consists of the northeastern 2.78 acres. 0.32 acres will be dedicated as a right-of-way along Dubuque Road. The applicant has requested a rezoning for Lot 1 to the MU zone to allow for the development of a medical clinic. The applicant has used the Good Neighbor policy and held a neighborhood meeting on March 10. A summary of the Good Neighbor meeting is attached. ANALYSIS: Current and proposed zoning: The current zoning of this property is for Low Density Single Family Residential (RS -5), which allows single family homes with a minimum of 8,000 square feet of lot area and a minimum lot width of 60 feet. Lot 2 of the proposed subdivision will remain zoned RS -5 for single family use. The applicant has requested rezoning to Mixed Use (MU) zone for Lot 1 which provides a transition from commercial areas to less intensive residential zones. Permitted uses in the MU zone include lower scale retail and office use, and a variety of residential uses. Medical offices are permitted uses in the MU zone. Special consideration of building and site design is required for developments in the MU zone. Comprehensive Plan: The Comprehensive Plan- North District Plan land use map indicates that the southern portion of Lot 1 is appropriate for Mixed Use development while the northem portion is appropriate for low density residential uses. The plan indicates that Mixed Use areas are appropriate for commercial uses that emphasize retail, service, and office uses that are compatible with the surrounding neighborhood. Staff believes that the MU zone is appropriate for Lot 1 due to the low -intensity office/commercial nature of the proposed medical office building. As noted, the Comprehensive Plan identifies this corner for mixed use development. The North District Plan land use map indicates that residential use is preferred on the north end of the property — Lot 2, which is proposed to remain single family residential, accomplishes this goal. Compatibility with neighborhood: The area between Prairie du Chien Road and Dubuque Road currently contains commercial uses, including the old and new HyVee grocery stores, along the north side of N. Dodge Street and a mix of residences, offices, and a cemetery along the south side of N. Dodge Street. The proposed medical clinic on Lot 1 will be compatible with the commercial uses to the west. North Dodge Street will provide separation between the subject property and the property to the south that is currently being developed with multifamily residences. Lot 2 is adjacent to existing single family homes; low density single family development on this property will be compatible with the surrounding neighborhood. Environmentally Sensitive Areas: Lot 1 of the property contains steep slopes and Lot 2 contains steep, critical, and protected slopes as designated in the Sensitive Areas Ordinance. Both lots together also contain 4.29 acres of woodland. The Sensitive Areas Ordinance indicates that a property zoned MU is required to retain 10 percent of the woodlands and that property zoned RS5 must retain 50 percent of the woodlands. Additionally the retained OWN 3 woodland area must be surrounded by a 50 foot buffer. The applicant has indicated that all of the required woodland retention will occur on the eastern portion of Lot 2, to retain a contiguous approximate 58,000 SF of wooded area. Staff notes that the critical and protected slopes also occur on the eastern portion of Lot 2, and will be undisturbed. As the applicant is meeting the requirements for a Level I Sensitive Areas review (critical and protected slopes are not proposed to be disturbed, and the required woodland retention requirement is being met) therefore a Sensitive Areas rezoning is not required. Conformance to the Sensitive Areas Ordinance will be reviewed administratively. Lighting: Light trespass standards are intended to prevent light from one property extending beyond the property line onto adjacent properties. Lighting fixtures must be downcast and shielded such that the bulb is not directly visible from any adjacent residential zoned property or public right of way. Light fixtures within 300 feet of a residential zone are required to be no more than 25 feet in height. The City will review the lighting plan for Lot 1 during the site plan process. Screening: S2 screening is the generally required buffering treatment that uses distance and low level screening to separate uses from the public right of way, from other zones, to define edges and separate vehicular areas from pedestrians. Staff recommends that for the parking area of Lot 1, S3 screening be implemented. The S3 standard is a buffering treatment that uses dense landscape screening to provide a visual and physical separation between uses and zones. The S3 screen requires enough shrubs and evergreens to form a continuous screen or hedge which matures to at least five feet to six feet in height more than 50 percent solid year round. Berms may be used in conjunction with a hedge to achieve an overall height of six feet. Staff recommends S3 screening be implemented along the west and north sides of the parking area for Lot 1. Staff also recommends that the parking area be set back at least 15 feet from the Dubuque Rd right of way — this setback is equivalent to the minimum setback for a structure in a residential zone. These conditions help address one of the concerns expressed at the Good Neighbor meeting regarding screening of the parking area. Parking Area: One comment staff had, and which was brought up at the Good Neighbor meeting, was the proposed size of the parking area. The full size of the parking area would be 223 stalls. While the design and mix of exam rooms in the proposed medical clinic is not yet finalized, 223 stalls is in excess of what the City would require for parking. Staff has discussed 'landbanking' rows of parking along the north and north-east sides of the parking area (shown as 'Phase 2 Parking' on the concept plan) and not paving this parking initially. Staff recommends a condition of zoning that the 'Phase 2 Parking' be permitted to be paved only if approved by the Director of Neighborhood and Development Services based on evidence of need. Traffic implications: Access to the proposed medical clinic on Lot 1 is off of Dubuque Road, opposite the access drive to the Hy Vee site. Expected traffic generation from a medical clinic of this size is in the range of 1,300 vehicles per day, using the Institute of Transportation Engineer's Trip Generation Manual. Staff notes that for a clinic use, the majority of this traffic is spread throughout office hours (typically during the day and early evening). N Dodge St and the short segment of Dubuque Rd that is affected are easily able to accommodate this traffic. N Dodge St already has left- and right -turn lanes at Dubuque Rd, and Dubuque Rd has a left tum lane onto N Dodge St. Traffic generation on Dubuque Road from a single family dwelling on Lot 2 will be minimal. Neighborhood Open Space: The Neighborhood Open Space Requirements require 2,621 square feet of dedicated open space or fees in lieu of for the 2.78 acres of Lot 2 of the proposed 4 subdivision. Given that the small size of this dedication is insufficient for use as public open space, staff recommends fees in lieu of open space dedication be paid equal to 2,621 square feet of property. The Parks and Recreation Director has concurred. This requirement will need to be addressed in the legal papers for the final plat. Stormwater: Stormwater management is provided in the regional Hickory Hill stormwater facility. No on-site stormwater management is required, provided the applicant can show stormwater runoff can be handled by the existing stormwater pipes under N Dodge St. This will be confirmed as part of the site plan review process for Lot 1 Infrastructure fees: A water main extension fee of $415 per acre is required. STAFF RECOMMENDATION: Staff recommends approval of REZ15-00002, a rezoning from Low Density Single Family (RS -5) to Mixed Use (MU) for 4.26 acres of property located at the northeast comer of Dubuque Road and N. Dodge Street subject to a Conditional Rezoning Agreement requiring: 1. Staff approval of a landscaping plan in conjunction with the site plan for Lot 1 showing a minimum S3 screening along the west and north sides of the parking area, and a minimum 15 foot setback of the parking area from the Dubuque Rd right of way. 2. Parking along the north and east property lines of Lot 1, identified as 'Phase 2 Parking' on the Site Concept Plan, remain unpaved unless approved by the Director of the Department of Neighborhood Services based on evidence of need. 3. General conformance with the site concept plan dated March 5, 2015. Staff recommends approval of SUB15-00004, a preliminary plat of Pleiades First Addition, a 2 -lot, 7.15 acre subdivision located at the northeast comer of Dubuque Road and N. Dodge Street. ATTACHMENTS: 1. Location Maps 2. Rezoning Exhibit 3. Concept Site Plan 4. Aerial Photograph 5. Excerpt from North District Plan land use 6. Summary of Good Neigrhbor icy`` 7. Preliminary Plat, f Approved by: Neighborhood and Devel Services S:\PCD\Staff Reports\2015\REZ15-O 12 SUB15-00004 Dubuque Road\REZ15-00r SUB15-00002 Dubuque Road staff report 2.dob( ` x E v 0 0 0 0 m Z) 0 N CL m 2 c 0 0 O J_ O U a t m a �Ogg zz IL �a_LA�u ! e WHIM aam<oa a2z bL {y PS��7t b'5, 1`1` IJd I q1 j If Nsl�D' z i CIO 14 NLL 3 ^Y i1JrQ{?ij��ij j' ��2. 0� q b Y M► Y eYMj ��fi.t'��{Yi3 9 (/ o a: z LU fly g , p � .� JIM 'gigj 4t . I _j a. CL }!t APPROVED MINUTES PLANNING AND ZONING COMMISSION APRIL 2, 2015 — 7:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Phoebe Martin, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: STAFF PRESENT: Sara Hektoen, Robert Miklo OTHERS PRESENT: Jason Harder, Duane Musser, Nancy Carlson CALL TO ORDER Freerks called the meeting to order at 7:00 PM. RECOMMENDATIONS TO CITY COUNCIL A. The Commission moved by a vote of 7-0 to recommend Council approve REZ15-00002, a rezoning from Low Density Single Family (RS -5) to Mixed Use (MU) for 4.26 acres of property located at the northeast comer of Dubuque Road and N. Dodge Street subject to a Conditional Rezoning Agreement requiring: 1. Staff approval of a landscaping plan in conjunction with the site plan for Lot 1 showing a minimum S3 screening along the west and north sides of the parking area, and a minimum 15 foot setback of the parking area from the Dubuque Rd right of way with additional setback where shown on option 3. 2. Parking along the north and east property lines of Lot 1, identified as'Phase 2 Parking' on the- Site Concept Plan, remain unpaved unless approved by the Director of the Department of Neighborhood Services based on evidence of need. 3. General conformance with the site concept plan known as option 3 shown at the April 2, 2015 meeting. Additionally approve SUB15-00004, a preliminary plat of Pleiades First Addition, a 2 -lot, 7.15 acre subdivision located at the northeast corner of Dubuque Road and N. Dodge Street. B. amendments to the Comprehensive Plan for the portions of blocks north of Iowa Ave and east of Gilbert St; and east of Van Buren St and north of Burlington St, which are not in the Central Planning District. 1. The portions of blocks north of Iowa Ave and east of Gilbert St; and east of Van Buren St and north of Burlington St, which are not in the Central Planning District, be added to the Central Planning District as shown in Exhibit B. 2. The Central District Plan be amended to add the following goals: Housing and Quality of Life Goal #1(i): Develop Zoning Code standards in the CB -2 and Planning and Zoning Commission April 2, 2015 — Formal Meeting Page 2of14 CB -5 Zones when CB -2 and CB -5 properties are on the same block as residential properties to require setbacks, building height step-downs, landscaping, open space and other techniques to promote compatibility with residential properties on the same block. Develop a mechanism to provide an exemption from the requirement for commercial land uses on the first floor in the CB -2 and CB -5 zones, and provide for multi -family design standards to apply to CB -2 and CB -5 multi -family properties. 3. The IC2030 Comprehensive Plan be amended to update the Central Planning District Map. 4. Consider creating a form based code for the commercial properties in this portion of the Central Planning District. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA None. REZONING I DEVELOPMENT ITEM (REZ15-000021SUB15-00004) Discussion of an application submitted by Focus Commercial Real Estate, LLC for a rezoning of 4.26 -acres of land located at 1406 and 1506 N Dubuque Road from Low Density Single- Family (RS -5) zone to Mixed Use (MU) zone and for a preliminary plat of Pleiades First Addition, a 2 -lot, 7.15 acre subdivision. Miklo explained that the Commission received the staff report at a previous meeting regarding this application, however the applicant has since provided some photos showing the relationship of the cedar trees to Dubuque Road and how they would not necessarily screen the residential across the street. The applicant has also submitted three options for landscaping along Dubuque Road, which the applicant will address. Staff reiterates their recommendation of approval of REZ15-00002, a rezoning from Low Density Single Family (RS -5) to Mixed Use (MU) for 4.26 acres of property located at the northeast comer of Dubuque Road and N. Dodge Street subject to a Conditional Rezoning Agreement requiring: 1. Staff approval of a landscaping plan in conjunction with the site plan for Lotwing a minimum S3 screening along the west and north sides of the parking area, and a minimum 15 foot setback of the parking area from the Dubuque Rd right of way. 2. Parking along the north and east property lines of Lot 1, identified as'Phase 2 Parking' on the. Site Concept Plan, remain unpaved unless approved by the Director of the Department of Neighborhood Services based on evidence of need. 3. General conformance with the site concept plan dated March 5, 2015. Staff recommends approval of SUB15-00004, a preliminary plat of Pleiades First Addition, a 2 - lot, 7.15 acre subdivision located at the northeast corner of Dubuque Road and N. Dodge Street Freerks questioned if all of these options had a 15 foot setback, noting it appears some are more. Miklo said the applicant could address that but believes that options 1 and 2 have a 15 foot setback and in option 3 for the portion across from the single family homes, it is increased to to be Planning and Zoning Commission April 2, 2015 — Formal Meeting Page 3of14 several feet wider. Eastham asked if there would still be a berm along Dubuque Road. Miklo said the applicant could address that as well, it is not clear from the plans the Staff received. Thomas asked if there were any detention on the stormwater. Miklo answered that it was addressed in the staff report that this area is within the area that is served by the detention facilities in Hickory Hill Park so no onsite detention is required. Freerks opened public hearing. Jason Harder (2004 Crestline Drive, Muscatine Iowa) with Focus Commercial discussed what they had done with this project, from the beginning to now. They chose this property, although it was expensive and more than they needed, because they think it is a great project not only for the area and Iowa City but for this neighborhood to bring a service oriented clinic to the neighborhood. The building started as a rectangle, and to be efficient started out in the middle of the lot, so the distance from the parking to the front door was not too long. They worked with staff on possible zoning options, as there was more than one, with the intent of trying to be a good neighbor and wanted to do the opposite of the old HyVee across the road, to not butt the building up to the residential with all the parking out front. Therefore they designed the building to not just be a big rectangle, to pull it as far away from the residential areas as possible, which creates a building that is not an efficient layout and creates parking issues, but chose these options anyway to show they are trying to be good neighbors to the residential surrounding areas. Next, they looked at the lot, and discussed their client's needs, and attempted to figure out the accurate parking needs. They would rather err on the side of having too much parking, because if they did not have enough parking people would be parking on the street or the HyVee parking lot, which is not being a good neighbor. They have reduced the number of parking spots from 223 to the 160's now though. They don't want to put in more parking than necessary, but also don't want to have a situation where there is not enough. They have agreed to S3 screening, which is called out in the City Code as not required; only S2 is required. S3 is fairly dense and tall and will try to accomplish that through berming and vegetation, not just vegetation alone. Harder noted there is tree preservation on lot 2, they created the balance when they chose to shrink the parking lot, and also wish to design the building with as many doors into the building as the developer will deem appropriate. They could have chosen to drive the cost of lot 2 up to counter the high costs of the lot 1 needs, which would result in having duplexes or multifamily on lot 2, but that would not result in being a good neighbor. So they made it a single family lot to create more buffer, there is at least a 150 foot buffer in the narrowest part of lot 2 from the' existing single family to the edge of the S3 screening. They have worked with Staff, from a 10 foot required setback along north Dubuque Road to 15 feet (Staffs request) which created more space. It does impact more trees but it creates more space for screening along Dubuque Road. Harder said they took note of what the Commission said at the last meeting and have developed three options, specifically looking at the northwest corner of the property, trying to protect the residential area from the parking lot. Option one is the applicant's preferred option, it is 15 feet Planning and Zoning Commission April 2, 2015 — Formal Meeting Page 4 of 14 back, the sidewalk jogs out towards the street, and leaves plenty of space to create berming and create the S3 screening through trees, vegetation and maybe some planting beds. The berm will allow for permanent screening year round, it doesn't come and go with the vegetation. The S3 screening is so dense that from the street, with a 6 foot high screening requirement you won't see what's on the other side of it. They would prefer to keep the parking close to the front door, on the backside, because it really cannot be seen with the berming and vegetation. Harder noted there was conversation last time also about the cedar trees, but this option does not keep those trees. So they created option 2, which would keep the cedar trees, but does not have a berm. Keeping the cedar trees takes up valuable real estate that a berm could be built on. Additionally it will be harder to add vegetation around the cedar trees due to the roots so that would mean the headlight shielding vegetation would be pushed right next to the edge of the parking lot. The cedar trees provide zero screening from the parking lot. Additionally the cedar trees will not protect screening of the building, as the building is not at that end of the lot. So keeping those trees does not contribute to the goal of screening the parking lot. Harder introduced option 3, which shows the best way to screen the parking lot (from option 1 with the berm and vegetation) but also to lose the parking lot on the backside which creates more green space. There is not enough space without becoming too intrusive into the lot to create a berm with the adequate headlight screening and save the cedar trees. So if they were to eliminate those parking stalls on the backside of a 6 foot high screening for the protection of the residential areas, then option 3 is the best. However, they do believe strongly that after already shrinking the parking spots from 200 plus down to 160 they would need to forgo the landbanking of spots and include all the spots in the first phase. He said this option would lose the cedar trees, but gain a berm where they could plant new trees. Freerks noted that there are various types of screenings, even within the categories of S2 and S3 and it's not always just about headlights. Harder agreed, saying headlights are the hardest thing to scree, parking lot lights can be controlled with timers. Theobald asked for clarification on options 1 and 3 - seeing there is more greenspace on option 3 but otherwise what is the difference or point of option 3? Harder noted that at the last meeting there was concern about there even being parking spots in that area, so close to existing neighbors, so that is why they are introducing option 3. He stated that option 3 is not their choice, but wanted to show that they did listen to the concerns brought up at the last meeting. Thomas asked how the vegetation was different on option 3 as it looks similar. Harder answered that the vegetation in options 1 and 3 are the same. As S3 screening it creates a very solid screening. Thomas said they were the same with the exception of the expansion of the planting area. Harder confirmed that was the case, and that option 3 would lose parking which is not as desirable to the applicant. Eastham asked if option 3 would then add a dozen or so parking on the north border next to lot 2. Harder replied yes, because that would be closest to the building front door. Theobald asked if both option 1 and 3 included a berm and Harder confirmed that was the case. Theobald asked if there are any plans looked at saving the Norway spruce or the white pine that are actually more valuable trees than the cedar. There is a large white pine located alongside the building. Harder answered no, but was unsure exactly where all those trees were located. Theobald noted the large Norway spruce looks to be located about where there is a green space. Planning and Zoning Commission April 2, 2015 — Formal Meeting Page 5 of 14 She noted on the preliminary plat map approximately where the trees she was questioning were located. Harder said that in all honesty they did not look at saving those trees, but with some more homework they can look and see where those trees will fall in the footprint and see if they might fail into greenspace and be able to be saved. Harder said he is happy to answer any of the commission's questions, he has team members with him tonight that can address specific items as well, they really want to work towards moving this project forward. Dyer asked if they had elevations of the building. Harder believed those were shown at the last meeting, however noted the building is in programming with the architects, it is a budgetary 14 million dollar building, it will be a high-end attractive building. Miklo showed the concept drawings of the building and pointed out that the mixed use zone requires some articulation of the building so there won't be blank walls. Freerks stated that normally they require 20 feet buffer from commercial parking across from a residential area, mixed use is the only situation where only 10 is required. She appreciates that they expanded to 15 feet. Mixed use is only 10 feet because that is usually in the downtown area, and thatni3hwouldbe result linm a than 20 feet setbacks e Commission will need tfor thelt in the future. Miklo portion of the property directly out that op across from the single-family zone. Theobald corrected a previous statement, there are two Norway spruces and the better looking of the two is more in the corner where the crabapples are, so it might be a nice focal point for whatever landscaping is done at that end. Eastham commented regarding his appreciation to the applicant for trying so diligently to put a good project together that does meet the need for medical space as well as neighborhood compatibility. He noted he was not aware there might have been an option to put the building more in the center of the lot, which may or may not have worked out very well, but appreciates them looking at all possibilities. Freerks noted that Harder has addressed previous questions and concerns and sees no reason not to try to move this forward this evening. Hektoen noted that the staff recommendation requires substantial compliance with the March 5 site plan, and that has now changed, so if the Commission makes a motion, they need to pick one of the options. Miklo agreed that the Commission would need to pick an option (1, 2 or 3) and tie it to that site plan. Eastham asked if they could discuss the options before having a motion. Freerks replied that yes, they can. Freerks noted that are three options available, and there is a home directly across from where that green space has been placed in option 3 so that is a nice option perhaps if it is landscaped a bit more in some fashion that does not need to be outlined in any detail this evening. Freerks noted this project will be a lovely addition to Iowa City and that neighborhood. Martin noted that having the berm is what is really important in her opinion. Planning and Zoning Commission April 2, 2015 — Formal Meeting Page 6of14 Thomas agreed that the berm from a screening standpoint is most important. He also appreciated Freerks mentioning that in the mixed use having more space, more landscaping on option 3; in this situation has some value. Martin is not opposed to option 3 but it seems awkward with just grass there. Thomas noted it just looks unfinished in the current plan. Freerks noted they could say the additional green space needs to be landscaped in some fashion. They do not need to outline it exactly, it is always a given to try to maintain any trees that can be saved and are beneficial to a design. Eastham stated that option 1 seems to have the advantage to him at least in that the applicant - prefers that option which is not inconsequential. Additionally option 3 does put 10 or 11 parking spaces on the north boundary which is next to a residential area. Freerks noted that would initially be a vacant lot, there currently is no home there. It is quite a large lot and the residential would be far enough away. Her bigger concern is for the residential already in the area, across the street. Martin asked for clarification that lot 2 is not to be built on. Duane Musser, MMS Consultants, stated that lot 2 would be placed for sale for a residential home. With option 3 those parking spaces that would no longer be landbanked could potentially be right next to a single family home versus along Dubuque Road and separated by the right-of- way. Freerks noted there is a lot of space on lot 2 and feels that the land banked area shown in options 1 and 2 will become parking spaces in the future anyway. Musser noted that lot 2 will be sold as a single family home lot, and they will have no control over where they place the house. Martin noted the parking lot would be in place first, so the buyer of lot 2 would know what they are getting into. Freerks closed public hearing. Theobald made a comment about the landscaping, stating she did not have an objections with either option 1 or 3, she prefers option 3, but would like to see exploring saving those two lovely trees. Miklo asked Theobald for more clarification where the trees were on the property. Freerks stated she was uncomfortable having the trees noted as a requirement, but to request that it be explored. Eastham made a motion to approve REZ15-00002, a rezoning from Low Density Single Family (RS -5) to Mixed Use (MU) for 4.26 acres of property located at the northeast comer of Dubuque Road and N. Dodge Street subject to a Conditional Rezoning Agreement requiring: 1. Staff approval of a landscaping plan in conjunction with the site plan for Lot 1 showing a minimum S3 screening along the west and north sides of the parking area, and a minimum 15 foot setback of the parking area from the Dubuque Rd right Planning and Zoning Commission April 2, 2015 — Formal Meeting Page 7 of 14 of way with additional setback where shown on option 3. 2. Parking along the north and east property lines of Lot 1, identified as 'Phase 2 Parking' on the- Site Concept Plan, remain unpaved unless approved by the Director of the Department of Neighborhood Services based on evidence of need. 3. General conformance with the site concept plan known as option 3 shown at the April 2, 2015 meeting. Dyer seconded the motion. Freerks noted it will be a wonderful addition to Iowa City, the architecture would be nice along that area as well, and to have a medical clinic in that part of Iowa City. Swygard questioned the motion Eastham made, noting that the subdivision portion was not included. Eastham amended his motion to also approve SUB15-00004, a preliminary plat of Pleiades First Addition, a 2 -lot, 7.15 acre subdivision located at the northeast corner of Dubuque Road and N. Dodge Street. Dyer seconded the amendment. Thomas noted it was nice to see at a gateway into Iowa City a project that looks like it's raising the bar in terms of architectural design. Freerks stated she was happy to see the applicant put in some effort and give options and that the end result will be better. Dyer noted she was concerned about the excessive amount of parking at the last meeting and wanted to say she appreciated the applicant's consideration of that by removing some of the parking. A vote was taken and the motion carried 7-0. COMPREHENSIVE PLAN ITEMS Martin recused herself from the discussion of this item and left the room. Discussion of proposed amendments to the Comprehensive Plan for the blocks north of Iowa Ave and east of Gilbert St; and east of Van Buren St and north of Burlington St, which are not in the Central Planning District. Miklo noted again this was an item the Commission has discussed at previous meetings so he would not go into a lot of detail on the staff report. He will address some key items, staff had outlined some zoning options that might be explored in the future and implementing amendments to the plan and finally to explore height step downs for the commercial zones where they are adjacent to residential zones. Staff did point out that they did not have time to do a detailed analysis to come up with specifics, but they did look at how other cities deal with building heights when higher density area and lower density areas are adjacent to each other. They will do that analysis at the next level, when they actually draft the code language but the concept is where Planning and Zoning Commission March 19, 2015 — Formal Meeting Page 17 of 25 REZONING I DEVELOPMENT ITEM (REZ15-00002/SUB15-00004) Discussion of an application submitted by Focus Commercial Real Estate, LLC for a rezoning of 4.26 -acres of land located at 1406 and 1506 N Dubuque Road from Low Density Single - Family (RS -5) zone to Mixed Use (MU) zone and for a preliminary plat of Pleiades First Addition, a 2 -lot, 7.15 acre subdivision. Yapp explained that this is a two part application, both a rezoning and a subdivision. He showed a map of the 4.26 acres proposed for rezoning from RS -5 Single Family Residential to Mixed Use zone. The next map showed the preliminary plat of Pleiades First Addition, a 2 -lot, 7.15 acre subdivision located at the northeast corner of Dubuque Road and N. Dodge Street. The area between Prairie du Chien Road and Dubuque Road currently contains commercial uses, including the old and new HyVee grocery stores, along the north side of N. Dodge Street and a mix of residences, offices, and a cemetery along the south side of N. Dodge Street. The North District Plan land use map indicates the corner as a Mixed Use development. Yapp showed a map of the proposed subdivision, a two -lot subdivision, Lot 1 of the proposed subdivision consists of the southwestern 4.26 acres of the property and Lot 2 consists of the northeastern acres. 0.32 acres will be dedicated as a right-of-way along Dubuque Road. The applicant has requested a rezoning for Lot 1 t the MU zone to allow for the development of a medical clinic. The applicant has requested rezoning to Mixed Use (MU) zone for Lot 1 which provides a transition from commercial areas to less intensive residential zones. Permitted uses in the MU zone include lower scale retail and office use, and a variety of residential uses. Medical offices are permitted uses in the MU zone. Special consideration of building and site design is required for developments in the MU zone. Lot 2 is adjacent to existing single family homes; low density single family development on this property will be compatible with the surrounding neighborhood. Lot 1 of the property contains steep slopes and Lot 2 contains steep, critical and protected slopes as designated in the Sensitive Areas Ordinance. Both lots together also contain 4.29 acres of woodland. The Sensitive Areas Ordinance indicates that a property zoned MU is required to retain 10 percent of the woodlands and that property zoned RS5 must retain 50 percent of the woodlands. Additionally the retained woodland area must be surrounded by a 50 foot buffer. The applicant has indicated that all of the required woodland retention will occur on the eastern portion of Lot 2, to retain a contiguous approximate 58,000 SF of wooded area. Staff notes that the critical and protected slopes also occur on the eastern portion of Lot 2, and will be undisturbed. As the applicant is meeting the requirements for a Level I Sensitive Areas review (critical and protected slopes are not proposed to be disturbed, and the required woodland retention requirement is being met) therefore a Sensitive Areas rezoning is not required. Conformance to the Sensitive Areas Ordinance will be reviewed administratively. Access to the proposed medical clinic on Lot 1 is off of Dubuque Road, opposite the access drive to the HyVee site. Expected traffic generation from a medical clinic of this size is in the range of 1,300 vehicles per day, using the Institute of Transportation Engineer's Trip Generation Manual. Staff notes that for a clinic use, the majority of this traffic is spread throughout office hours (typically during the day and early evening) . N Dodge Street and the short segment of Dubuque Road that is affected are easily able to accommodate this traffic. N Dodge Street already has left- and right -turn lanes at Dubuque Road, and Dubuque Road has a left tum lane onto N Dodge Street. Traffic generation on Dubuque Road from a single family dwelling on Lot 2 will be minimal. Planning and Zoning Commission March 19, 2015 — Formal Meeting Page 18 of 25 Yapp noted that regarding the parking area one comment staff had, and which was brought up at the Good Neighbor meeting, was the proposed size of the parking area. The full size of the parking area would be 223 stalls. While the design and mix of exam rooms in the proposed medical clinic is not yet finalized, 223 stalls are in excess of what the City would require for parking. Staff has discussed 'land banking' rows of parking along the north and north-east sides of the parking area (shown as 'Phase 2 Parking' on the concept plan) and not paving this parking initially. Staff recommends a condition of zoning that the 'Phase 2 Parking' be permitted to be paved only if approved by the Director of Neighborhood and Development Services based on evidence of need. Yapp explained that S2 screening is the generally required buffering treatment that uses distance and low level screening to separate uses from the public right of way, from other zones, to define edges and separate vehicular areas from pedestrians. Staff recommends that for the parking area of Lot 1, S3 screening be implemented. The S3 standard is a buffering treatment that uses dense landscape screening to provide a visual and physical separation between uses and zones. The S3 screen requires enough shrubs and evergreens to form a continuous screen or hedge which matures to at least five feet to six feet in height more than 50 percent solid year round. Berms may be used in conjunction with a hedge to achieve an overall height of six feet. Staff recommends S3 screening be implemented along the west and north sides of the parking area for Lot 1. Staff also recommends that the parking area be set back at least 15 feet from the Dubuque Road right of way -this setback is equivalentto the minimum setback for a structure in a residential zone. These conditions help address one of the concerns expressed at the Good Neighbor meeting regarding screening of the parking area. Stormwater management is provided in the regional Hickory Hill stormwater facility. No on-site stormwater management is required, provided the applicant can show stormwater runoff can be handled by the existing stormwater pipes under N Dodge Street. This will be confirmed as part of the site plan review process for Lot 1. Staff recommends approval of REZ15-00002, a rezoning from Low Density Single Family (RS -5) to Mixed Use (MU) for 4.26 acres of property located at the northeast comer of Dubuque Road and N. Dodge Street subject to a Conditional Rezoning Agreement requiring: 1. Staff approval of a landscaping plan in conjunction with the site plan for Lot 1 showing a minimum S3 screening along the west and north sides of the parking area, and a minimum 15 foot setback of the parking area from the Dubuque Road right of way. 2. Parking along the north and east property lines of Lot 1, identified as'Phase 2 Parking' on the. Site Concept Plan, remain unpaved unless approved by the Director of the Department of Neighborhood Services based on evidence of need. 3. General conformance with the site concept plan dated March 5, 2015. Staff recommends approval of SUB15-00004, a preliminary plat of Pleiades First Addition, a 2 - lot, 7.15 acre subdivision located at the northeast corner of Dubuque Road and N. Dodge Street Freerks asked if there were trees along Dubuque Road constitutes a grove. Yapp said the applicant's engineer has reviewed that and can address that question. Planning and Zoning Commission March 19, 2015 — Formal Meeting Page 19 of 25 Theobald noted it looked like the remnants of an old windbreak. Freerks also had questions about the landscaping overall, and asked if it meets requirements along the streetscape. Yapp noted this is just a concept plan and not a full site plan so it does not include all the landscaping and streetscape details, but would be required to meet all City requirements. Theobald had a question regarding the screening as well. If S3, 5-6 feet with 50% solid year around is required, she reviewed the list of shrubbery listed with that requirement, and it seems outdated. She believes because the list of acceptable shrubbery is outdated, it explains why some of the plans that come before the Commission are incorrect, because developers are using that list and requests that list be updated. Freerks noted it would be important to maintain some of the mature trees as the portion that was slated for Mixed Use in the North District Plan is much smaller and is being extended quite a ways from what is shown in the Comprehensive Plan and it is closer to the residential area and needs a better transition. Eastham asked about the number of parking spaces would exist with the staff recommendations. Yapp noted they received an updated site concept today from the applicant that did increase to 180 spaces; staff's recommendation is still based on what was in the staff report, which is 161 spaces. Eastham asked if that would be clear, as there are not a number of parking spaces listed in the recommendations. Yapp replied that the recommendation refers to the graphic, the site concept plan. Eastham asked what the building will look like. Yapp showed drawings and said it is conceptual for example the window coverage is not included in the sketch and the building will have lots of windows. Eastham asked then what the process would be to give some assurance that the building will be compatible with other buildings in the area. Yapp said the building will have to follow the Mixed Use design standards embodied in that zone. It will also be reviewed as part of the site plan review stage. Freerks opened public hearing. Duane Musser, MMS Consultants, spoke representing the applicant. He stated they do have an updated parking count, and are looking at 180 spaces, and includes the land banking on the northeast side. The applicant is also willing to do the S3 screening along Dubuque Road and the northeast edge, along lot 2 with the berm and the evergreen trees. They are questioning the 15 foot setback, unsure why that setback in the staff recommendation is critical; they are providing the S3 screening. He noted that the grove of trees, they do not believe that single line of windbreak trees would constitute a grove. A grove of trees is usually a larger, broader span of shade trees that cover a greater area. Freerks asked if the applicant would be willing to keep that line of windbreak trees there stating that there is way more parking on the plan than is necessary, and required. Musser replied that he believes the applicant's choice would be to remove those trees, if you look at them closely they are limbed up quite a bit and from an eye view they would not screen any of the cars. So they feel it would be better to remove those trees, put in the S3 screening and berm and give the property screening and shade along that area. Musser noted that as far as the parking banking, their numbers are being estimated from the Planning and Zoning Commission March 19, 2015 — Formal Meeting Page 20 of 25 architect based on the number of exam rooms, physicians, and staff for the medical clinic is 180 spaces are needed for the first phase of parking. Freerks noted she is not satisfied with the landscaping shown, and is leaning towards deferring this application until there is more detail. Musser noted that a landscaping plan is not part of the requirements for a rezoning application and the concept plan does have enough detail on it to meet the requirements for a site plan. Freerks noted it just is a lot of parking, more than is required. Dyer noted it seems like more parking than is at the Iowa River Landing parking for a four story medical building. Musser could not speak to how many parking spots were in that ramp. Eastham questioned how the architect is proposing there will be 180 cars in the parking lot. Musser answered that the applicant believes based on the employees and the patient needs that would be the appropriate number of spaces. Eastham then asked what would happen if there were 180 cars in this lot at 5:00 p.m. and wanted to all leave at the same time, this area has a concern regarding the traffic Dubuque Road. can handle or that intersection. Yapp explained that for a clinic use the patient traffic is spread out throughout the day. Eastham noted then perhaps 180 parking spaces is not needed. Musser noted the client has a right to estimate what their needs are based on the type of business. Eastham asked Yapp that when the traffic study was done for this plan, did they figure 180 cars at one time. Yapp replied they did look at peak hour traffic, but it would not be 180 cars at one time. Dyer questioned again the need for 180 spaces if 180 cars would not be there all at one time. Musser could only state this is what the client is estimating they will need. Freerks noted again that perhaps this needs to be deferred and developed a bit more. The idea of the development is a good one, however there needs to be a better transition. Hektoen noted that they should continue with the public hearing. David Dunlap, said he lives across the street from the area, across from the grove of trees. He likes what he hears regarding the Commission's concerns, since he lives across from this area, he is concerned as well. He feels those windbreak trees do go a long way mitigating this development. He questioned the existing line now behind HyVee that is the boundary between his house and HyVee, he doesn't agree why this project needs to go further north than the Hy - Vee. The parking lot could go to the west, as opposed to going to the north. Jo Dickens, lives on Dodge Street, stated she is a big proponent of this project and thinks there could be something much different that no one would like in this place. She likes that they are leaving so many of the trees in that protected area, and it's great that a medical office wants to stay in Iowa City, so many are moving to Coralville and North Liberty. She feels the area can handle the traffic, there is an office currently in a similar neighborhood, Pediatric Associates is on Jefferson Street and they empty in and out of there all the time. She does not foresee a problem with traffic; her driveway accesses Dodge Street and goes in and out of there all the time. The only time there has been a problem is during a flood and everyone has to come off the interstate on Dodge Street. She noted the lighting was discussed at an earlier planning meeting and she feels that will not be an issue due to rules and regulations and also is happy there is that 150 foot residential area that backs up to the trees, it will be a nice lot especially with the berms and trees. Dickens reiterated she is a big proponent of this and hopes to see this project develop through. Planning and Zoning Commission March 19, 2015 — Formal Meeting Page 21 of 25 Terry Dickens (noted he would not be voting on this issue at any future City Council meetings because he is a neighbor of the project), stated he has only lived up in this area for six years, but a lot of the neighbors have been there 50 or 60 years, his grandparents lived in the area and sold the land that was their old farm to the Friends of Hickory Hill. He wants to see this area grow, and this project, which he feels is a good project, is needed in this area. There will be new housing going up in the middle of the block. Dickens noted that at the Good Neighbors Meeting he did talk to the applicants and discussed the berm and the applicants were agreeable to including the berm. He also noted he would like to see this project move forward. Freerks closed public hearing. Thomas moved to approve REZ15-00002, a rezoning from Low Density Single Family (RS -5) to Mixed Use (MU) for 4.26 acres of property located at the northeast comer of Dubuque Road and N. Dodge Street subject to a Conditional Rezoning Agreement requiring: 1. Staff approval of a landscaping plan in conjunction with the site plan for Lot 1 showing a minimum S3 screening along the west and north sides of the parking area, and a minimum 15foot setback of the parking area from the Dubuque Road right of way. 2. Parking along the north and east property lines of Lot 1, identified as 'Phase 2 Parking' on the. Site Concept Plan, remain unpaved unless approved by the Director of the Department of Neighborhood Services based on evidence of need. 3. General conformance with the site concept plan dated March 5, 2015. Additionally Thomas moved to approve SUB15-00004, a preliminary plat of Pleiades First Addition, a 2 -lot, 7.15 acre subdivision located at the northeast corner of Dubuque Road and N. Dodge Street. Martin seconded the motion. Theobald noted that the trees that are already there are called red cedar, but they are actually a juniper and were often used as windbreaks and they do have a certain look to them. They maybe aren't as valuable of a tree, they can be invasive, and Iowa is full of red cedars. They are large trees and have a really interesting shape and she noted she would also like to see something more interesting than this concept plan with one long row of shrubs. She said the S3 screening does require more height than is shown on the concept plan, a mix of trees and a mix of shrubs would be more appropriate. She suggested that the landscape plan include something native, some good shrubs that may or may not be on the list provided by the City. Eastham asked if the developer could put in shrubs that are not on the City's list. Yapp believed they can, with the City Forrester's approval. Freerks stated the devil is in the details, but it seems like if the details aren't discussed at this point, they come back to haunt at another time. We need to remember that there are people that have to live by this area, and if there are a few things that can be done, a few trees saved, it can make a difference. Planning and Zoning Commission March 19, 2015 — Formal Meeting Page 22 of 25 Thomas noted he is enthused by what he sees in the project, it is a good project that could be a better project, and would stress it's not just the neighbors but also the people that will be going to this facility. To have some signature trees, there seems to be some float in the parking lot design, and could use some of that float to save some of the landmark trees on the property. Dyer stated that one option would be to preserve the area containing the parking along Dubuque Road for later on if needed. She noted she is disturbed by the amount of parking when in this day and age of sustainability, and it is on a bus route with a bus stop right there. Theobald can see the need for enough parking, because it is a medical office, and it's not always convenient to get to a medical facility by bus. Yapp noted Staff did discuss with the applicant of land banking the parking along Dubuque Road, it is important to the applicant to have parking closer to the front door and the concern was that some of the parking be closer to the entrance rather than in the north and northeast corner given the type of use this is. Eastham noted that on Dubuque Road there are parking spaces adjacent to the road and there are parking spaces that are close to the building that are just adjacent to the one larger island that is shown in the concept plan. Therefore, to not have parking in that area does not mean there would not be parking adjacent to the building, or close to the building. Freerks stated there is a motion for approval, and a second. The Commission needs to have a goal of what to do here, either approve as is or request some changes. Martin asked if the Commission agrees to this, will they see the project again. Yapp replied that they would not. Martin then agreed it is important to figure this out now then as it this is part of the gateway to the city. Eastham asked if there was any way this building could have a featureless wall along Dodge Road. Yapp said Mixed Use designs to require a percentage of windows, so it won't be featureless wall. Eastham made an amendment to the motion to preserve the cedar trees along Dubuque Road Yapp requested a minute to talk with the applicant. Hektoen noted that the applicant has already waived the 45 day period. Yapp stated the applicant would rather defer at this time to address some of the issues brought up this evening. Thomas withdrew his motion. Theobald made a motion to defer this item, as requested by the applicant. Swygard seconded. A vote was taken and the motion carried 7-0. Subdivision Item SUB15-00004 —Resolution approving a preliminary plat of Pleiades First Addition, a 2 -lot, 7.15 acres subdivision located north of North Dodge St, east of Dubuque Rd. 7 �VV, PLE ADES FIRST DD ADDITION IOWA ,MY, KAVA �rr1LY.pq W- Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 15-168 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2015 HIGHLAND AVENUE WATER MAIN REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. WHEREAS, funds for this project are available in the Highland Avenue from Marcy to Lukirk project account #W3299. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the office of the City Clerk at the City Hall, before 2:30 pm on the 9th day of June, 2015. At that time, the bids will be opened by the City Engineer or his designee, and thereupon refered to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 16th day of June, 2015, or at a later date and/or time as determined by the Director of Public Works or designee. Passed and approved this 19th day of May , 2015. ATTEST:V_ G Clerk A Mayor Approved by: w City Attorney's Office t.L(t� Resolution No. Page 2 15-168 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 Dratted by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 RENEWAL OF THE TERRY TRUEBLOOD RECREATION AREA MARINA BUILDING CONCESSION AGREEMENT WITH FIN & FEATHER H2O L.L.C. WHEREAS, on September 4, 2015, the CITY OF IOWA CITY, IOWA, ("CITY") and Fin & Feather H2O L.L.C., ("CONCESSIONAIRE,") entered into a Concession Agreement ("Agreement") that terminates on August 31, 2015; WHEREAS, Paragraph I of the Agreement provides for an option to renew the Agreement for up to two (2) subsequent renewal periods; and WHEREAS, the parties wish to exercise the renewal provision. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements hereinafter set forth, it is agreed by and between the parties as follows: This Agreement is renewed for a two-year period for the period from September 1, 2015 through August 31, 2017. The parties acknowledge that this Agreement may be renewed again for an additional two (2) year period subsequent to this renewal (e.g., from September 1, 2017 through August 31, 2019). Attest: Marian K. Karr, City Clerk Approved: L -t City Attorney CITY OF IOWA CITY, IOWA Lo Matthew J. Hayek, Mayor CONCESSIONAIRE B rian Mildenstein FILED 14AY 4 2015 City Clerk Iowa City, lora STATE OF IOWA ) )ss: JOHNSON COUNTY) On this day of , 2015, before me, the undersigned, a Notary Public in and for said County and 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. Notary Public in and for the State of Iowa My Commission expires: FILE�1 14AY 4 2015 City Clerk Iowa City, Iowa 2 05�� 7 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-169 RESOLUTION APPROVING A CONCESSION AGREEMENT WITH FIN & FEATHER H2O LLC FOR THE PROVISION OF RECREATIONAL RENTAL EQUIPMENT AND FOOD SERVICES AT TERRY TRUEBLOOD RECREATION AREA. WHEREAS, the City and Fin & Feather H2O LLC ("Fin & Feather") signed a 3 -year agreement for the provision of rental equipment and food services at Terry Trueblood Recreational Area that will expire on August 31, 2015; WHEREAS, Fin & Feather would like to enter into a 2 -year renewal of the agreement on the same terms; WHEREAS, because the total terms of the original agreement and the renewal exceed three years, state law requires a public hearing; and WHEREAS, following public hearing, the City finds that the renewal of said agreement should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest to the attached two-year renewal of the above -referenced agreement. Passed and approved this 19th day of May , 2015. \ ` Approved by ATTEST: CITYtLERK City Attorney's Office Resolution No. 15-169 Page 2 It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Drafted by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240-1319-356-5030 RENEWAL OF THE TERRY TRUEBLOOD RECREATION AREA MARINA BUILDING CONCESSION AGREEMENT WITH FIN & FEATHER H2O L.L.C. WHEREAS, on September 4, 2015, the CITY OF IOWA CITY, IOWA, ("CITY") and Fin & Feather H2O L.L.C., ("CONCESSIONAIRE,") entered into a Concession Agreement ("Agreement") that terminates on August 31, 2015; WHEREAS, Paragraph I of the Agreement provides for an option to renew the Agreement for up to two (2) subsequent renewal periods; and WHEREAS, the parties wish to exercise the renewal provision. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements hereinafter set forth, it is agreed by and between the parties as follows: This Agreement is renewed for a two-year period for the period from September 1, 2015 through August 31, 2017. The parties acknowledge that this Agreement may be renewed again for an additional two (2) year period subsequent to this renewal (e.g., from September 1, 2017 through August 31, 2019). Attest: _ 4 0 ity Clerk Approved: `-t- City Attorney CITY OF IOWA CITY, IOWA By: A-OUA- _ln Matthew J. Hayek, Mayor C::;-n-�rianildenstein NCESSIONAIRE B STATE OF IOWA ) )ss: JOHNSON COUNTY) On this day of ►��A-k-- , 2015, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and �klieVcpmr-ri I, to me personally known, who being by me duly sworn, did say that they are the Mayor and lbeputyC�C.(er-k. 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 ZZdj e- VoFrLr; I acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. _ Notary Public in and for the State of Iowa M Commission expires: 1�`'q` s, KELLIE K. TUTTLE My p . �n Number 221819 �kh,1y Co mis ion Expires