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2015-06-02 Resolution
3d(1) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-172 RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF ALCOHOL ON S. DUBUQUE STREET DURING "100 MEN AND WOMEN WHO CARE EVENT" WHEREAS, section 4-5-3D of the City Code allows private entities to sell alcohol and persons to consume alcohol in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; WHEREAS, Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District ("District") would like to be able to sell alcohol in a demarcated area on the 0- 100 block of South Dubuque Street from mid-afternoon to early evening on June 18, 2015; 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. Passed and approved this 2nd day of June ,IF Extol. �. Approved by City Attorney's Office 2015. Resolution leo. ]Page 2 15-172 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 Drafted by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240;319/356-5030 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF ALCOHOL DURING "100 MEN AND WOMEN WHO CARE EVENT" This Agreement is made between Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District ("District") and the City of Iowa City, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS, District is an "authorized entity" as that term is defined in section 4-5- 3D of the City Code; WHEREAS, District has applied for a license to sell alcohol during the 100 Men and Women Who Care event to be held on the 0-100 block of South Dubuque Street; and WHEREAS, the parties wish to enter into an agreement to allow District to sell alcohol and to allow persons to possess and consume alcohol under limited circumstances on the 0-100 block of South Dubuque Street. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. In consideration for District's promises herein, the City agrees to allow District control over the area in the 0 - 100 block of S. Dubuque Street on June 18, 2015 from 2:00 pm to 9:00 pm as shown on the diagram which is attached, marked Exhibit A, and incorporated herein ("authorized site"). 2. Term. This agreement shall be in effect only on June 18, 2015 from 3:00 pm to 9:00 pm. 3. License. This agreement is void if District does not have a license to sell beer on the authorized site on June 18, 2015. 4. Sale and Possession of Alcohol. District shall only sell alcohol to a person who is over twenty-one (21) years of age. District shall take all reasonable steps to ensure that no person under the age of twenty-one (21) years of age possesses alcohol. 4. Advertisement. District shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior and exterior tent walls. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 5. 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. 6. Debris and Trash. District shall be solely responsible for collecting all debris and trash from the authorized sites, and the City shall then remove the debris and trash. If District fails to do so and if City staff has to collect the debris and trash from the authorized sites, District may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 7. No Smoking. Smoking is prohibited in the authorized sites, and District 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). 8. Anchoring and Drilling. District shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 9. Fencing. The authorized site shall be enclosed on the north and south sides by a fencing product that is a single fence that consists of six feet (6) interlocking panels with a mesh that does not allow fora container of beer to get passed from through the fencing. 10. Insurance. a) Premises Insurance. On June 18, 2015, District shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. District shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. District shall notify the City 1 week before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. On June 18, 2015, District shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2015) in the amount of $500,000 (five hundred thousand dollars). District shall provide 1 week notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsement. District shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit B, which is attached and incorporated herein. 16. Indemnification. District shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, or possession of beer on the authorized site. 17. Non -Discrimination. District shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 18. Termination. The City may terminate this agreement upon written notice for 2 violation of any provision of this agreement. 19. Assignment and Subletting. District 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, thiE -slay of ' ✓ 2015. IOWA CITY AND IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT By: Nancy Bird, Executive Director THE CITY OF IOWA CITY A. kL o s M. Markus, City Manager 3 .4,jju m I(.4Y 's �oAr) PoPwo, C pallr�� .�vkH 1 0 �h X x x x X V is EXHIBIT 4 Stets C) Gm QF 4 I bmc�c,�-,flutn� N Fat T�L � 5 4 EXHIBIT B Governmental Immunities Endorsement 1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa, agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Prepared by: Kumi Morris, Public Works Dept., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 15-173 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CITY OF IOWA CITY PARKING GARAGE MAINTENANCE PROGRAM 2015 PROJECT. WHEREAS, Vector Construction Inc. of Cedar Rapids, Iowa has submitted the lowest responsible bid of $ 440,250.00 for construction of the above-named project; and WHEREAS, the bid includes the base bid and Alternate #1; and WHEREAS, funds for this project are available in the Parking Facility Restoration Repair account # T3004. 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 #1 is hereby awarded to Vector Construction 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 Director of Transportation Services is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 2nd day of June , 20 15 ATTEST: - CITY CEERK App oved by AV -71 ity Attorney's Office Zq /iS It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X X X X X ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton S.\ENG\PW\Resolutions\Project Resolutions\Award Contract\C0y Parking Garage Maintenance 2015 Project- with Alternates- RESOLUTION Award Contract on June 2 2015.doc 5115 3d(2) Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 INNOMMEM RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CITY OF IOWA CITY PARKING GARAGE MAINTENANCE PROGRAM 2015 PROJECT. WHEREAS, for of , has submitte the lowest responsible bid of n of the above-named project; an WHEREAS, funds for is project are available in the # T3004. NOW, THEREFORE, BE IT\bond, Y THE C CITY, IOWA, THAT: 1. The contract for the the a the n performance and payrance erl statements. lity Restoration Repair account COUNCIL OF THE CITY OF IOWA e -named project is hereby awarded to ition that awardee secure adequate 'icates, and contract compliance program 2. The Mayor is hereby authorized to g and the City Clerk to attest the contract for construction of the above-named pr ject, ubject to the condition that awardee secure adequate performance and payme bond, in rance certificates, and contract compliance program statements. 3. The City Engineer is authorize'prto execute change ders as they may become necessary in the construction of the abo a -named project. Passed and approved this 2nd d of June, 2015. MAYOR Approved by ATTEST: CITY CLERK It was moved by and seconded by adopted, and upon roll call there were: City Attorney's Office the Resolution be AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton S:\ENG\PW\Resolutions\Project Resolutions\Award Contract\City Parking Garage Maintenance 2015 Project- BLANK RESOLUION Award Contract on June 2 2015.doc NOTICE TO BIDDERS CITY OF IOWA CITY PARKING GARAGE MAINTENANCE PROGRAM 2015 PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 28th 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 2"d day of June, 2015, or at special meeting called for that purpose. There will be a recommended pre-bid meeting visiting the sites. This will start at 10 a.m. local time on Thursday, May 14, 2015 in the Tower Place Parking Ramp conference room, located at 335 East Iowa Avenue in Iowa City. The Project will involve the following: The 2015 Project focuses on concrete floor repairs and membrane patching in the Dubuque Street Ramp. Additional efforts in this facility include repairs to deteriorated concrete beams, expansion joints, stair tower tread and risers, and interior fagade lintels, along with other isolated structural and waterproofing repairs throughout the garage. Also included are smaller repair projects within three additional ramps: Capitol Street Ramp, Chauncey Swann Ramp, and Tower Place Parking Ramp. All work is to be done in strict compliance with the plans and specifications prepared by THP Limited, Inc., of Cincinnati, Ohio, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1 ) year(s) from and after its com- pletion and formal acceptance by the City Council. The following limitations shall apply to this Project: Early Start Date: June 15, 2015 Final Completion Date: October 2, 2015 Liquidated Damages: $500.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: 319-354-5950 Fax:319-354-8973 Toll -Free 800-779-0093 by bona fide bidders. A $50.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technigraphics. The fee will be returned if the plans are returned in unmarked and reusable condition within 15 days of Council Award. A separate and nonrefundable $15.00 shipping and handling fee will apply to plans that are sent through postal mail. Prospective bidders are advised that the City of Iowa City desires to employ minority contrac- tors 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 NTB-1 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 NTB-2 Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 15-174 RESOLUTION ACCEPTING THE WORK FOR THE CITY HALL NORTH COURT HVAC REPLACEMENT PROJECT 2014 WHEREAS, the Engineering Division has recommended that the work for construction of the City Hall North Court HVAC Replacement Project 2014, as included in a contract between the City of Iowa City and Modern Sheet Metal, Inc., of Cedar Rapids, Iowa, dated July 15, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the in City Hall Other Projects in CIP account # G4707; and WHEREAS, the final contract price is $273,398.12. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 2"d day of June, 2015. ATTEST: j?"Izi-i , g 74K 744-'-�' CIT LERK It was moved by Payne adopted, and upon roll call there were: AYES: and seconded by NAYS: Approved by �a - �'ZZ 'fir City Attorney's Office Botchway the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton S \ENG\PW\Resolutions\Project Resolutions\Accept Project\City Hall North Court HVAC Replacement Project 2014 -Accept Project on June 2 2015 doc 5/15 �r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org May 22, 2015 City Clerk Iowa City, Iowa Re: City Hall North Court HVAC Replacement Project 2014 Dear City Clerk: I hereby certify that the construction of City Hall North Court HVAC Replacement Project 2014 has been completed by Modern Sheet Metal, Inc., of Cedar Rapids, Iowa in substantial accordance with the plans and specifications prepared by Design Engineers. The project was bid as a lump sum contract and the final contract price is $273,398.12. There were change or extra work orders for the project as described below by project area: Replace 2 -way valves with 3 -way valves $2,471.32 ADD Cut and cap 3 -way tees $1026.80 ADD TOTAL Additional Costs to Original Contract $3498.12 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, 2��-- � Jason Havel, P.E. City Engineer S:\ENG\ARCHIT-1\Projects\CITYHA-1\2014CI 1\CITYHA-2\CITYHA-1\CLOSEO-1\Engineer's Letter for City Hall North Court HVAC Replacement Project 2014 -Accept Project on June 2 2015.doc 06-02-15 3d(4) Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 15-175 RESOLUTION ACCEPTING THE WORK FOR THE FAIRMEADOWS PARK PUBLIC RESTROOM BUILDING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Fairmeadows Park Public Restroom Building Project, as included in a contract between the City of Iowa City and Seydel Construction Inc., of Iowa City, Iowa, dated November 6, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Parks Department Capitol Aquisition account # R4180; and WHEREAS, the final contract price is $103,800.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 2nd day of June ATTEST:_ /` at -W. I - A 41 CITY CLERK 20 15 It was moved by Payne and seconded by adopted, and upon roll call there were: Approved by K City Attorney's Offices a7/i,S Botchway the Resolution be AYES: NAYS: ABSENT: x Botchway X Dickens x Dobyns x Hayek X Mims x Payne x Throgmorton SAENG\PW\Resolutions\Project Resolutions\Accept Project\FAIRMEADOWS PARK PUBLIC RESTROOM BUILDING PROJECT -Accept Project 05 02 2015.doc 5/15 r I =%V ® 4 ilq._w CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT May 20, 2015 City Clerk Iowa City, Iowa Re: Fairmeadows Park Public Restroom Building Project Dear City Clerk: I hereby certify that the construction of Fairmeadows Park Public Restroom Building Project has been completed by Seydel Construction Inc., 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 $ 103,800.00 recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, ason Havel, P.E. City Engineer engineer's letter fairmeadows park public restroom project with seydel construction- accepting 06 02 2015.doc CITY OFIOWA CITY 3d(5) MEMORANDUM�W" "I' � 441 DATE: May 22, 2015 TO: Tom Markus, City Manager FROM: Jason Havel, City Engineer '7144.- RE: Iowa City Gateway Introduction: In July, 2014, City Council established the project design elements for the Iowa City Gateway project, including a more complex Through -Arch Bridge on Park Road over the Iowa River. The bridge will be 450 -foot long with 5 -lanes, 2 piers and the lowest point of the substructure will be placed one -foot above the 200 -year flood elevation. This project is included in the capital program and will be let through the Iowa DOT in the winter of 2015-2016. Construction is anticipated to begin in the Spring of 2016. History/Background: The City contracted with HNTB Corporation of Kansas City, MO in November, 2010 for consulting services for the Iowa City Gateway project. The new structure, with a thinner deck and a lower substructure elevation reduced the elevation of the Park Road/Dubuque Street intersection and reduced impacts to adjacent properties. The new bridge type has 2 piers, providing greater hydraulic efficiency and is more aesthetically pleasing, complimenting the natural surroundings and the new Hancher Auditorium. Discussion: HNTB Corporation has requested additional funds for the final design work required for a more complex bridge and for additional electrical and lighting elements along the arches. These services are identified in Exhibit B of the agreement. Financial Impact: Staff has reviewed the additional work request and has negotiated a not to exceed amount of $826,248.37. This revises the maximum amount payable for design of the entire project to $6,123,017.20 and will be funded with General Obligation Bonds, Local Option Sales Tax Funds and a $31VI U.S. Economic Development Administration (EDA) Grant. The total estimated construction cost for the project is currently $50M. Recommendation: Staff is recommending that the City amend the agreement for design and construction services with HNTB Corporation of Kansas City, MO for the additional work that is required to complete the final design of the Through -Arch Bridge at Park Road across the Iowa River. Prepared by: Melissa Clow, Special Projects Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5413 RESOLUTION NO 15-176 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT NO. 2 TO THE NOVEMBER 18, 2010 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HNTB CORPORATION OF KANSAS CITY, MO TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY GATEWAY PROJECT. WHEREAS, the City of Iowa City entered into a Consultant Agreement with HNTB Corporation of Kansas City, MO, on November 18, 2010 to coordinate a National Environmental Policy Act (NEPA) study and prepare preliminary and final design for construction of the Iowa City Gateway Project; and WHEREAS, the City recommended an initial Preferred Alternative to the FHWA, which the FHWA approved with its Finding of No Significant Impact (FONSI) generated as a result of the Phase I Environmental Assessment, executed on December 18, 2013; and WHEREAS, the City has negotiated an Amendment No. 1 to the November 18, 2010 Consultant Agreement for said consulting services with HNTB Corporation to provide said additional services; and WHEREAS, the City has discussed an amendment to the November 18, 2010 Consultant Agreement for purposes of additional services in connection with the design work for the through arch bridge; and WHEREAS 1 NTB has stated affirmatively in the attached Amendment No. 2 that it will perform all design services and engineering work required and provided by the November 18, 2010 Consultant Agreement between the parties according to its terms and conditions, as amended; and WHEREAS, it is in the public interest to enter into said Amendment No. 2 to the Consultant Agreement amendment with HNTB Corporation of Kansas City, MO; and WHEREAS, funds for this project are available in the Iowa City Gateway Account #S3809. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Amendment No. 2 to the Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Amendment No. 2 to the Consultant Agreement. Passed and approved this 2nd day of June , 2015. roved by ATTEST: CITY CLERK 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 g Dobyns x Hayek x Mims x Payne x Throgmorton AMENDMENT NO.2 TO THE NOVEMBER 18, 2010, CONSULTANT AGREEMENT CITY OF IOWA CITY DUBUQUE STREET ELEVATION AND PARK ROAD BRIDGE CONSTRUCTION (IOWA CITY GATEWAY) WHEREAS, a Consultant Agreement was entered into between the City of Iowa City, Iowa (Client), and HNTB Corporation, of Kansas City, Missouri, (Consultant) dated November 18, 2010, to assist in the planning and design of a new Park Road Bridge and elevated Dubuque Street in Iowa City, Iowa and to complete an Environmental Assessment; and WHEREAS, Phase I of this Agreement involved the Consultant conducting an Environmental Assessment of the Project Corridor generally defined as follows: • On the south, the intersection of Dubuque and Church streets; • On the north, Dubuque Street immediately south of its interchange with 1-80; • On the west, the intersection of Park Road and Holt Avenue; and • On the east, a line running parallel approximately 500 feet to the east of Dubuque Street for the entire corridor, including the Kimball Road/Gilbert Street intersection; and WHEREAS, the City negotiated an Amendment No. 1 to the November 18, 2010 Agreement for said consulting services with HNTB Corporation to provide certain Additional Services, as described in Attachment Exhibit A to Amendment No. 1, to complete the NEPA process and revise the Preferred Alternative for the Dubuque Street and Park Road Bridge portions of the project per direction of the Iowa City Council; and WHEREAS, the City has discussed an amendment to the November 18, 2010 Consultant Agreement for purposes of additional services in connections with the design work for the through arch bridge; and WHEREAS HNTB hereby states affirmatively in this attached Amendment No. 2 that it will perform all design services and engineering work required by the November 18, 2010, Contract between the parties according to its terms and conditions; and WHEREAS The City has not reached agreement with HNTB as to the appropriate amount of credit or fee deductions attributable to (1) reduced limits of the project on the north end (Foster Road), (2) removal of the 16" raw water line from the design of utilities, (3) environmental and permitting work that HNTB has stated is unnecessary for it to perform, (4) mussel survey, (5) value engineering study, (6) Public involvement, and (7) project management. The City will provide estimates for the appropriate deductions in the future and is willing to negotiate with HNTB on those deductions; however, in the event an agreement is not reached, the City shall determine the appropriate amount of deductions or credits and back charge the professional fees for those amounts; and WHEREAS The City has not reached an agreement with HNTB as to the appropriate amount of additional fee for tasks the City has instructed, outside of the original contract, and previously agreed to compensate HNTB for including (1) Tree survey, (2) Gilbert/Kimball intersection improvements and survey, (3) Revised Kimball Road alignment to the North, and (4) Retaining wall lookouts. The City will review these requests in good faith and is willing to negotiate with HNTB as needed. NOW THEREFORE, it is mutually agreed to amend the original Consultant Agreement as follows: I. SCOPE OF SERVICES In addition to the Scope of Services detailed in the November 18, 2010 Consultant Agreement, and the Additional Services detailed in Exhibit A attached to Amendment No. 1 and incorporated herein, which were necessary to complete Cultural Resource agency reviews and coordination prior to receipt of the signed FONSI on December 18, 2013, and the redevelopment of the NEPA preferred alternative to reflect City Council guidance on project design parameters as provided on July 15, 2014, HNTB agrees to perform the Additional Services detailed in Exhibit B attached hereto and incorporated herein, which are necessary to complete the terms and conditions, scope of work and engineering requirements of the November 18,2010 Consultant Agreement, as amended. II. COMPENSATION Compensation for the above Additional Services will be on an hourly basis in accordance with Part IV of the Consultant Agreement. Total compensation for the above-described Additional Services is an estimated fee which shall not exceed eight hundred twenty-six thousand two hundred forty eight dollars and 37/OOs ($826,248.37), as described in Exhibit B for a revised estimated fee which shall not exceed $6,123,017.20, as provided and in accordance with the terms of Part IV of the November 18, 2010 Consultant Agreement. III. TIME OF COMPLETION The Consultant shall complete the Scope of Services, as amended, on or before May 31, 2016. IV. HNTB states affirmatively that it will perform all design services and engineering work required and provided by the November 18, 2010 Consultant Agreement between the parties according to its terms and conditions, as amended. V. In all other respects, the obligations of the Client and HNTB Corporation shall remain as specified in the November 18, 2010 Consultant Agreement and Amendment No. 1. VI. This Amendment represents and provides for the full and complete compensation for the items of work described in the Amendments Nos. 1 and 2 and the original Contract, and Consultant affirms, represents, releases and discharges the City of Iowa City from any claims for additional fees or compensation for the items included in the Scope of Work of the November 18, 2010 Contract and Amendments No. 1 and 2. With the exception of the items identified in the sixth and seventh WHEREAS clauses above on which the parties will continue to negotiate, no additional or new claim for compensation or fees related to or arising from the performance of professional services or engineering work on the items identified in the November 18, 2010 Contract or Amendments 1 and 2 shall be recognized, made or paid, as this Amendment represents and contains full and complete compensation for such items. FOR THE CITY By: Matthew Hayek, Mayor Date: June 2, 2015 ATTEST: By: —V 14 Marian K. arr, City Clerk APP ED B By: City Attorney's Office FOR THE CONSULTANT By: L7.9'�" Michael R. Hess, P.E. V ce President Date: May 18, 2015 k / 27J k \ �U� e % 00 e \\ k � \\ 2 � 2 \ \ 0 � \k « Q % = � 7 \ �2 k / cq § § E & ci k 2 § C6 a _bj) =� ; ff§ E � c ff' e = � 2kk ' d « \ o o e � \t/ / 2lcl �2f�■ d«��# L�rkF E § I e Ex �"a ==b�_ A rv_. � 2 ■ � � ° §bf ƒ t ® — = P ■ _ Q■ _ ■ _ 3 § a c§ k w 3d(6) Prepared by Eric R. Goers, Assistant City Attorney, 410 E. Washington, Iowa City, IA 52240, (319) 356-5030 RESOLUTION NO. 15-177 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE UNIVERSITY OF IOWA REGARDING THE 2015 INDEPENDENCE DAY FIREWORKS DISPLAY. WHEREAS, since the 2008 flooding, the City has hosted their Independence Day fireworks display in the University of Iowa's (University) Hubbard Park, adjacent to the Iowa Memorial Union; and WHEREAS, in 2015, the University is again allowing the City to host the fireworks in Hubbard Park; and WHEREAS, the parties wish to memorialize their agreement as to allocation of tasks and risk management in putting on this event; and WHEREAS, the parties have reduced their agreement to the attached Memorandum of Understanding (MOU); and WHEREAS, said MOU requires Council approval; and WHEREAS, it is in the best interest of the City to approve the attached MOU. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. City Council for the City of Iowa City hereby approves said Memorandum of Understanding with the University of Iowa as being in the best interest of the City of Iowa City and members of the public, and ratifies said MOU. 2. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached MOU, in duplicate, subject to the approval of the City Attorney's Office. Passed and approved this 2nd day of AUroved by J d City Attorney's Office June /-10� MAYOR , 2015. ATTEST: / .t r 7r. eer-- CITY CLERK Resolution No. Page 2 15-177 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: V IWrA Botchway Dickens Dobyns Hayek Mims Payne Throgmorton MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA This MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is entered into this 2nd day of �t l 5 by and among, the City of Iowa City (hereinafter "City") and the State University of Iowa (hereinafter "University") hereinafter referred to collectively as the "Parties". WHEREAS, the Parties recognize the benefits of mutual cooperation between the Parties in the presentation of an Independence Day fireworks display ("Event") on July 4, 2015 ("Event Date"), with a rain date of July 5, 2015; WHEREAS, to help effectively assign responsibilities for the various tasks required to present the Event successfully, the City and University wish to delineate the responsibilities of each party for the Event; NOW, THEREFORE, THE PARTIES MUTUALLY AGREE to assist in the production of the Event by performing the respective duties as designated below: UNIVERSITY: • To permit the use of the Pentacrest and Hubbard Park for the Event, subject to all the terms and conditions in this Memorandum; • Contact "One Call" and have all utilities and other obstructions marked by July 3; • Close Hubbard Park July 3 and 4 for set-up; • Keep Hubbard Park closed July 5th in the event the rain date is needed; • Secure any areas of construction, and keep the shoot and fall -out zones free of combustible materials; • Provide 24-hour UIPD security for the fireworks (the explosive devices only) on July 3 from 6:00 p.m. until 8:00 a.m. July 4, when ICPD will assume responsibility for security of the fireworks; • Install barricades closing the IMU parking lot; • Post "No Parking" signs at 8:00 A.M. on July 4, leaving them in place until after the display; • Assist the ICPD with foot patrols immediately before, during, and after the show as needed and available; provided, however, that the City will retain all responsibility to provide security for the Event and its related activities. CITY: • The City maintains responsibility for all aspects of security for the Event and its related activities except those particular services delineated above as the University's responsibilities; • Direct and oversee Parks and Recreation staff's installation of fencing as required on July 3; • Ensure that caution is exercised in driving vehicles on Hubbard Park grass; • Provide barricades at Madison/Washington; Hwy 6/Iowa Ave., and Jefferson/Madison for duration of fireworks. Iowa Ave. will be closed to vehicular traffic; • Prevent public from accessing any point North of the South curb on Iowa Ave; • Run street sweeper on July 6th on all streets bordering Hubbard Park; • Conduct and direct foot patrols as needed immediately before, during, and after the Event; • Direct ICFD to hose down Danforth Chapel immediately prior to the display; • Place ICFD firefighters on the roof of the IMU during the display; • ICFD will check for unexploded shells on the IMU roof prior to 6:00 A.M. on July 5th • Secure assistance in sweeping for unexploded shells in Hubbard Park by 6:30 A.M. on July 5th; and • Defend, indemnify and hold harmless the University of Iowa from any and all liability for claims for bodily injury (including personal injury and death) and property loss and damage (including damage to or destruction of any building or facility) arising out of, resulting from, or in any way involving the Event or its related activities; this provision applies without limitation to any liability arising out of, resulting from, or in any way involving (in whole or in part) the acts or omissions of the pyro technician or any other party providing services for the Event pursuant to a contract with the City of Iowa City. The University of Iowa _l David Kieft University Busines Manager City of Iowa City Matthew J. Hayek Mayor, City of Iowa City Attest: 22�-av) k ._ Marian Karr Approved: Eric R. Goers City Attorney's Office r 06.02.15 &z" pad CITY OF IOWA CITY 3d(7) MEMORANDUM Date: May 26, 2015 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: FY2016 28E Agreement with University Heights to provide transit service Introduction: Included for consideration for the June 2, 2015 City Council Meeting you will find the Item & Comment, Resolution and supporting documentation for the 28 E Agreement between the City of Iowa City and the City of University Heights for FY2016 fixed route transit services. History/background: University Heights has contracted with the City of Iowa City for transit services since the 1970's. The contract amount is based on a formula taking into account the Consumer Price Index as an escalator of the previous year's contract. This contract is then submitted to the City of University Heights for approval. The University Heights City Council will consider this agreement at their June 9, 2015 city council meeting. Discussion of Solution: Per this agreement, University Heights agrees to pay an amount of $36,161.00 for contracted fixed route transit services. This was an increase of 1.8% which was based on the National Consumer Price Index. Recommendation: It is my recommendation that City Council approve this resolution for the 28E Agreement between University Heights and the City of Iowa City for fixed route transit services. Paul D. Pate Secretary of State 9fr,-^' �° State of Iowa 4RY O� PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Z FILED 28E Party 1 City of Iowa City City Johnson Party 2 Agreement LL M508200 Party 3 0 0 LL 6/19/2015 2:43:06 PM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: 'Enter `Other" it not in Iowa Item 2. The type of Public Service included in this agreement is. 410 Public Transit (Enter only one Service Cade and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and University Heights for the provision of Transit Service within the corporate limits of University Heights (Res 15-178) Item 4. The duration of this agreement is: (check one) 0Agreement Expires 6/30/2016 ❑Indef nite Duration [mmlddlyyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO YES Filing # of the agreement: M507144 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: htto:!lsos, iowa.gov128e. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name FIRST Name Title Administrative Secretary Department Administrative Secretary Email kellie-tuttle(a)iowa-city.org Phone 319-356-5043 Full Legal Name Organization Type `County Party 1 City of Iowa City City Johnson Party 2 City of University Heights City Johnson Party 3 Party 4 Party 5 'Enter `Other" it not in Iowa Item 2. The type of Public Service included in this agreement is. 410 Public Transit (Enter only one Service Cade and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and University Heights for the provision of Transit Service within the corporate limits of University Heights (Res 15-178) Item 4. The duration of this agreement is: (check one) 0Agreement Expires 6/30/2016 ❑Indef nite Duration [mmlddlyyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO YES Filing # of the agreement: M507144 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: htto:!lsos, iowa.gov128e. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name FIRST Name Title Administrative Secretary Department Administrative Secretary Email kellie-tuttle(a)iowa-city.org Phone 319-356-5043 e y ; Prepared by: Brad Neumann, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235 RESOLUTION NO. 15-178 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2016 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS WHEREAS, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and WHEREAS, the parties have negotiated a contract for transit service in FY2016 at a rate of $36,161, a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached FY2016 28E Agreement for transit services between the City of Iowa City, Iowa and the City of University Heights, Iowa is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf of the City of Iowa City. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E. Passed and approved this 2nd day of June '2015. MAYOR` A roved by ATTEST: CITY CLERK City Attorney's Office Resolution No. 15-178 Page 2 It was moved by Payne and seconded by sotchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway 11 X Dickens X Dobyns g Hayek X Mims g Payne Throgmorton Prepared by: Brad Neumann, PCD, 410 E. Washington, Iowa City, IA 52240 319-356-5235 FY2016 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made and entered into this 2nd day of June , 2015, by and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: L Scope of Services No separate legal or administrative entity is created herein. The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. Residents of University Heights will also be eligible for the same fare structure as Iowa City residents. IL Duration The term of this agreement shall commence July 1, 2015, and continue through and including June 30, 2016. IA_ Termination This agreement may be terminated upon thirty calendar days written notice by either party. In the event of termination, Iowa City shall provide public transit service through the last day of the thirty -day notice period, and University Heights shall pay for all services rendered, including those rendered in the thirty -day period. IV. Compensation The City of University Heights agrees to pay $36,161 for the provision of public transit service as herein described during FY2016. Payment shall be made in twelve monthly payments of $3,013.42 each, to be received by the City of Iowa City on or before the 15th of each month. V. Chapter 28E, Code of Iowa In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY By. Matthew J. Hayek, -Mayor r Attest: City Cterk, Marian K. Karr Approved by: City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) CITY OF UNIVERSITY HEIGHTS L40 1 Louise From, Mayor Attest: _ (AA4 4�u� r %�. L lin 6t4 City Clerk, Christine Anderson On this "L day of -1-14 L/- � , 20 15 , before me, I<e [ t rtf- K I Lk -4 -t [P , a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 15 - 1-7 'R passed by the City Council, on the 2-M 61 day of : u n e , 20 1 S , and that Matthew J. Hayek and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. r';K`s, i KELLIF K. TUTTLE - ,.Cnrrnnls:,l:.)»cmber 22161 d�y Co. nriliisloy Expires STATE OF IOWA ss: JOHNSON COUNTY We C (1-e K. I Lx4 (P Public in and for the State of Iowa On this day of �J r� 20before me, r- :is, nr/ a Notary Public in and for the State of Iowa, personally appeared Louise From and Christine Anderson, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of University Heights, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. 15--35 passed by the City Council, on the `� day of J n « 201 , and that Louise From and Christine Anderson, acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the coT ion, by it voluntarily executed. t EVEN E, BALtARD Notary Public in and for the State of Iowa ST o pini r^OMM joN VcPIRES S 161385 : COM MY COMM 5 IOYIP � r CITY OF IOWA CITY 3d(8) M E M 0 RA CITY OF IOWA CITY N D U M UNESCO CITY Of LITERATURE i'lll� Date: May 28, 2015 To: Tom Markus, City Manager From: Tracy Hightshoe, Neighborhood Services Coordinator Re: Iowa City Co -housing New Residential Development Introduction: In February of 2015 the Iowa Economic Development Authority (IEDA) started accepting applications for a new program titled, Workforce Housing Tax Incentives, to encourage residential development in Iowa. Housing developers are eligible to receive a refund of state sales, service or use taxes paid during construction and an investment tax credit up to a maximum of 10% of the investment directly related to the construction or rehabilitation of housing, on no more than $150,000 of the construction cost per unit. There are no rental restrictions or income limitations on the program, but the average dwelling unit cost for the assisted units may not exceed $200,000 per unit for new construction. Del Holland, Iowa City Co -Housing (ICCH), LLC board member, submitted their proposal for Prairie Hill cohousing on the 900 -block of Miller Avenue and requests City support to submit a Workforce Housing Tax Incentives application to the IEDA. This is the City's second request for these funds. The City approved a similar resolution of support and local project match for the Van Patten House LLC application. History/Background: The development will consist of 33 owner -occupied homes. There will be seven duplexes, three stacked flats with four units each, a four -unit townhouse plus a common house with three residential units. The common house will also include a community kitchen and dining room, guest rooms, and other shared facilities. Their goal is to build LEED certified, affordable homes. The applicant requests a resolution of support and documentation of project match so that an application can be filed as soon as possible. IEDA is accepting applications on a continuous first come, first served based. Once all funding is allocated for the fiscal year, any applications in queue are placed on a waiting list for the next round of funding. The next round of funding is available July 1, 2015. IEDA does not score the applications based on set criteria, they are reviewed to determine if the project is eligible or not. Financial Impact: To be eligible for the program the applicant must receive a resolution of support from City Council and the City must provide at least a $1,000 per dwelling unit match. The applicant requests that fifteen of the thirty-three units in the development be funded in part by the Workforce Housing Tax Credit Program. Three of the fifteen units will be located in the Common House and the other twelve units will be stacked flats, duplexes, or townhouses. To be considered for the program, the City is required to pledge at least a $15,000 in City match. Matching funds can be in the form of cash or local property tax exemption, rebate, refund, or reimbursement. The site is not in an urban renewal area, so cash match or tax abatement may be provided. Recommendation: Due to timing, staff recommends submitting a resolution of support with the minimum project match ($15,000) for the project to be considered for funding by IEDA in the next funding round. If additional financing is to be considered, the request would go through the normal review process as done for similar projects. ICCH, LLC P.O. Box 926, Iowa City, IA 52244 Dear Ms. Hightshoe, May 5, 2015 ICCH, LLC would like to request support from the City of Iowa City for our request for the Workforce Housing Tax Credit program and $1,000 of cash support for each of 15 units. Below, please find some more information about our planned development. Del Holland Member, Board of Managers ICCH, LLC The Prairie Hill cohousing development will be 33 units of owner -occupied housing in seven duplexes, three stacked flats with four units each, a four -unit townhouse plus a common house including 3 residential units, a community kitchen and dining room, guest rooms, and other shared facilities. Cohousing is a neighborhood developed by its members based on what is important: multi -generational, social and economic diversity, community and privacy, green buildings with a small carbon footprint, jointly -owned common spaces with shared resources, emphasis on non -car transportation. Our goal is to build LEED certified, affordable homes that will be in a supportive neighborhood. The gap we are struggling with is that to build these homes that will be very affordable to live in because of the LEED construction standards, there is a greater initial upfront cost to these methods and materials. So while we recognize that the residents, and the world at large, will gain significant long-term benefits, our problem is how to make them affordable to the residents at first purchase. The benefits of this program will help us met our goal of affordable, owner -occupied homes for some members of the Iowa City community. Fifteen of the 33 units in the development will be in the Workforce Housing Tax Incentive program Three of the units will be in apartments within the Common House. The other 12 units will be stacked flats, duplexes or townhouses. Marian Karr From: Tom Markus Sent: Wednesday, May 27, 2015 8:54 AM To: Marian Karr Subject: FW: Request for Council support for IC Cohousing request for IEDA Workforce Housing Tax Incentive Program fyi From: Geoff Fruin Sent: Wednesday, May 27, 2015 8:53 AM To: 'annie.h.tucker@gmail.com' Cc: Matt Hayek; Jim Throgmorton; Kingsley Botchway; Tom Markus; Tracy Hightshoe Subject: RE: Request for Council support for IC Cohousing request for IEDA Workforce Housing Tax Incentive Program Ms. Tucker, Your email was forwarded to me for response as the June 2nd agenda is still being compiled by staff. It is our intention to have your request for a resolution of support on the June 2nd City Council agenda. Staff will be recommending approval of the resolution. If you have any questions please contact Tracy Hightshoe as she is coordinating the agenda materials for this item. Tracy is included on this email. Best wishes, Geoff Fruin Assistant City Manager I City of Iowa City P: 319.356.5013 Web I Facebook (Twitter From: Annie Tucker [mailto:annie.h.tucker@gmail.com] Sent: Tuesday, May 26, 2015 11:59 PM To: Jim Throgmorton; Kingsley Botchway; Matt Hayek Subject: Request for Council support for IC Cohousing request for IEDA Workforce Housing Tax Incentive Program May 26, 2015 Dear Jim, Kingsley and Matt, Iowa City Cohousing (ICCH, LLC) is submitting an application to the Iowa Economic Development Authority for their Workforce Housing Tax Incentive Program. To be a successful applicant, there are two things we need from the City: 1) One of the qualifications is a requirement that the City providing matching funds of $1,000 per unit. We are applying for IEDA support for 15 of our 33 units, to make affordable home ownership feasible in our cohousing community. It is our understanding that the match funds can be in the form of cash or property tax rebates. 2) In addition, we need to provide IEDA with a resolution of support for this from the IC City Council. Apparently Kevin Munson asked for and got a commitment from the City of Iowa City for the same program for 6 or 7 units to include workforce housing in the building on Linn Street across from the Senior Center which burned when Brueggers burned. Kevin is rebuilding. We think the plan is to have this request on the agenda of the June 2 City Council meeting. Planning and Zoning just accepted our development plan. If you would like more information on our cohousing development, please check out our website: iowacitycohousing.org. I am also providing more information about our planned development below. Please let me know if you have any questions. I will be out of town from tomorrow through Monday night. A group of us are going to the Cohousing USA national conference. I will have access to email in the evenings to respond to any of your questions. Thank you for your consideration. Annie Tucker Member, Board of Managers ICCH, LLC The Prairie Hill cohousing development will be 33 units of owner -occupied housing in seven duplexes, three stacked flats with four units each, a four -unit townhouse plus a common house including 3 residential units, a community kitchen and dining room, guest rooms, and other shared facilities. Cohousing is a neighborhood developed by its members based on what is important: multi -generational, social and economic diversity, community and privacy, green buildings with a small carbon footprint, jointly -owned common spaces with shared resources, emphasis on non -car transportation. Our goal is to build LEED certified, affordable homes that will be in a supportive neighborhood. The gap we are struggling with is that to build these homes that will be very affordable to live in because of the LEED construction standards, there is a greater initial upfront cost to these methods and materials. So while we recognize that the residents, and the world at large, will gain significant long-term benefits, our problem is how to make them affordable to the residents at first purchase. The benefits of this program will help us met our goal of affordable, owner -occupied homes for some members of the Iowa City community. Fifteen of the 33 units in the development will be in the Workforce Housing Tax Incentive program Prepared by: Tracy Hightshoe, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5244 RESOLUTION NO. 15-179 RESOLUTION IN SUPPORT OF THE APPLICATION OF ICCH, LLC FOR WORKFORCE HOUSING TAX INCENTIVES PROGRAM FROM THE IOWA ECONOMIC DEVELOPMENT AUTHORITY TO CONSTRUCT RESIDENTIAL HOUSING UNITS ON THE 900 -BLOCK OF MILLER AVENUE AND COMMITTING LOCAL FUNDS TO THE PROJECT. WHEREAS, ICCH, LLC intends to apply for Workforce Housing Tax Incentives from the Iowa Economic Development Authority to assist financing the construction of residential housing on the 900 -block of Miller Avenue for the Prairie Hill Cohousing Development; WHEREAS, as part of the application, the developer requires a resolution by the City supporting the application and committing local funds; WHEREAS, timing is critical as the Iowa Economic Development Authority is accepting applications on a continuous basis and reviews applications in the order received; and WHEREAS, supporting this residential housing project is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City supports the ICCH, LLC application for Workforce Housing Tax incentives. 2. The application will include a request for Workforce Housing Tax Incentives for up to 15 dwelling units in the total development. 3. The City commits to providing a local match equal to at least $1,000 per dwelling unit, and shall enter an agreement with the applicant for such funds. 4. The City Manager is authorized to sign said agreement. Passed and approved this 2nd day of ATTEST: CITY LERK .Tune .2015. Approved b City Attorney's Office Resolution No. Page 2 15-179 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 _TM_ 3d(9) Prepared by: John Yapp, Development Services Coordinator, 410 F. Washington St., Iowa City, IA 52240 (319) 356-5252 (SUB15-00009) RESOLUTION NO. 15-180 RESOLUTION APPROVING FINAL PLAT OF PLEIADES FIRST ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Pleiades LLC, and Applicant, Focus Commercial Real Estate, filed with the City Clerk the final plat of Pleiades First Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Southwest Corner of the Southeast Quarter of the Northwest Quarter of Section 2, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N18000'31"E, along the Centerline of Dubuque Road, 341.95 feet, to its intersection with the Westerly Projection of the South Line of Hearthside Refuge, in accordance with the Plat thereof Recorded in Plat Book 45, at Page 139 of the Records of the Johnson County Recorder's Office; Thence S88°45'06"E, along said Westerly Projection, South Line, and the Easterly Projection of said South Line, 556.74 feet, to a Found Stone, on the West Line of Surry Hills Addition, in accordance with the Plat thereof Recorded in Book 7 at Page 67, of the Records of the Johnson County Recorder's Office; Thence S00°00'15"W, along said West Line, 257.51 feet, to the Southwest Corner of Lot 12 of said Surry Hills Addition, and a Point on the Northerly Right -of -Way Line of Iowa Highway No. 1; Thence S57°59'36"W, along said Northerly Right -of -Way Line, 137.27 feet; Thence S53°42'55"W, along said Northerly Right -of -Way Line, 536.23 feet; Thence S57°59'36"W, along said Northerly Right -of -Way Line, 117.95 feet, to its intersection with the Easterly Right -of -Way Line of said Dubuque Road; Thence N18°11'31"W, along said Easterly Right -of -Way Line, 65.81 feet, to the Southwest Corner of Lot 2 of Jacob Ricord's Subdivision, in accordance with the Plat thereof Recorded in Deed Book 15, at Page 146 of the Records of the Johnson County Recorder's Office; Thence N01'1 1'05"E, along the East Line of said Lot 2, a distance of 334.60 feet, to the Point of Beginning. Said Tract of Land contains 7.15 Acres, and is subject to easements and restrictions of record. 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, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) 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. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, Resolution No. 15-180 Page 2 upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 2nd day of 2015. MAYOR a� — 'n Approved by ATTEST: �%�Lt?a, ? /�r�� �cua ti�WL79� CITY CLERK 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: PcdflenPlatesfFinal Plat -Resolution Pleiatles First Ad&,.n d.c doc ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton i 1 3d(10) �'=°•� CITY OF IOWA CITY CITY MEMORANDUM UNESCO CITY OF LITERATURE DATE: May 26, 2015 TO: Tom Markus, City Manager FROM: Michael Harapat, ITS Coordinator RE: ICN Agreement Introduction: The City ITS division was approached by Iowa Communications Network (ICN) to see if any City services could be used to help expand ICN network services to Northgate Drive. History/Background: The City has worked with State and local agencies under cooperative agreements to save costs on installation of communication infrastructure. Currently we have agreements with The University of Iowa, DOT, Johnson County, Iowa City Community School District and others. Sharing resources with these other governmental entities benefits all involved. Discussion of Solution: The City will allow the ICN to install a 48 -strand fiber optic cable in City owned duct (conduit) from an existing ICN hand hole located on the SouthEast side of 1-80 North along Highway 1 to Moss Ridge Road. In return the ICN will give the City access to 12 strands of fiber along 1-80 for Dodge Street to 1 st Avenue. Financial Impact: The City will be using currently -installed infrastructure. ICN will be utilizing excess City capacity. No additional cost will be accrued to the City. Recommendation: Council should vote to approve the Master Agreement negotiated by staff to facilitate present and future sharing of fiber resources. Any questions should be directed to Trent Hansen, Voice and Network Analyst, at 356-5433. Prepared by Trent Hansen, 410 E. Washington, Iowa City, IA 52240,(319)356-5430 RESOLUTION NO. 15-181 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A MASTER AGREEMENT FOR SHARED USE PROJECTS BETWEEN THE CITY AND THE STATE OF IOWA'S IOWA COMMUNICATIONS NETWORK. WHEREAS, the City of Iowa City has installed, and will continue to install, City -owned fiber optic assets in the public rights-of-way; and WHEREAS, the State of Iowa operates a communications system through the Iowa Communications Network (ICN) and owns fiber optic strands near the City; and WHEREAS, the City and ICN have negotiated a Master Agreement for Shared Use Projects whereby the City and ICN can enter future agreements allowing the parties to exchange facilities to accommodate their respective projects; and WHEREAS, the City and ICN have further negotiated an agreement pursuant to the Master Agreement for Shared Use Projects whereby Iowa City will provide the ICN with hand hole/conduit access along Highway 1/North Dodge in order to cross Interstate 80 to North of Northgate Drive in Iowa City for the ICN to install a fiber optic cable, in exchange for which the ICN will provide dark fibers to the City along 1-80 from Highway 1/North Dodge to 15' Avenue; and WHEREAS, it is in the best interest of the City to approve the attached Master Agreement for Shared Use Projects and Amendment 1 thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: City Council for the City of Iowa City hereby approves the attached Master Agreement for Shared Use Projects and Amendment 1 thereto, with the State of Iowa's Iowa Communication Network, as being in the best interest of the City of Iowa City and members of the public, and authorizes the City Manager to take whatever steps are necessary to execute future Amendments to the Master Agreement as appropriate. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached Master Agreement for Shared Use Projects and Amendment 1 thereto, in duplicate, subject to the approval of the City Attorney's Office. Passed and approved this 2nd day of June 2015. MAYOR Aooroved by ATTEST: 1,1 CITY KLERK ResoluVon No. 15-181 ]Page 3 It was moved by Payne and seconded by the Resolution be adopted, and upon roll call there were: AYES: MAYS: ABSENT: X Botchway x Dickens x Dobyns x IIayek x Mims x Payne x Throgmorton AGREEMENT 15-034 MASTER AGREEMENT FOR SHARED USE PROJECTS THIS AGREEMENT is made on by and between the State of Iowa, Iowa Telecommunications and Technology Commission operating the Iowa Communications Network, (collectively the "ICN") and the City of Iowa City ("Iowa City" or "City"). ICN and Iowa City may also be referred to as the "Parties" or "Party' as the context allows. In consideration of the mutual covenants contained in this Agreement, the sufficiency of which is acknowledged, the parties agree as follows: This Agreement sets forth the initial terms and conditions which will apply to the ICN and City relating to the shared installation, use, and maintenance of communications facilities and services within the City of Iowa City, Iowa. SECTION 1. IDENTITY OF THE PARTIES. 1.1 The Iowa Telecommunications and Technology Commission operating the Iowa Communications Network is authorized by Iowa Code Chapter 8D to operate a communications network in the State of Iowa. The Iowa Communications Network's address is 400 East 141h Street, Grimes State Office Building, Des Moines, Iowa 50319. 1.2 The City of Iowa City is a municipality and political subdivision of the State of Iowa incorporated in accordance with the relevant provisions of Iowa law. The City's Administration Offices location is: 410 East Washington Street. Iowa City, Iowa 52240 SECTION 2. DEFINITIONS. The following words shall have the meanings set forth below. Words in the singular shall be held to include the plural and vice versa. 2.1 "Agreement" means this document and any amendments to this document or any other documents specifically incorporated into this agreement by reference. 2.2 "Cable Locates" or "Locates" means the identification of utilities through the Iowa One Call Center (IOC) pursuant to Iowa Code chapter 480. 2.3 "Dark Fiber' means a number of fibers, normally expressed in number of glass strands unless otherwise stated, between two specified locations that have no optronics or electronics attached to it, thus no light/communications signal being transmitted through the fiber. 2.4 "Designated Fiber" shall mean the Fiber as identified in each Amendment, Appendix and Exhibit. 2.5 "City" means the City of Iowa City Iowa. 2.6 "City Duct" means a buried conduit or HDPE duct for the purpose of enabling the installation of one or more fiber optic strands installed by, owned by (jointly or individually) or allocated to the City, identified on the Exhibit(s) attached hereto. 2.7 "City Equipment" means facilities or equipment provided, owned or installed by City in, around or on the Designated Fiber. 2.8 "Fiber" means a glass strand or strands which is/are protected by a color -coded buffer tube and which is/are used to transmit a communication signal along the glass strand in the form of pulses of light. 2.9 "Fiber Segment" means the length of similar fiber and fiber count between designated access splice points. 2.10 "ICN" means collectively the Iowa Telecommunications and Technology Commission operating the Iowa Communications Network. 2.11 "ICN Network" means the communications system operated by the ICN, as such systems exist now, and as it is modified from time to time. 2.12 "IRU" or "Indefeasible Right to Use" means the exclusive, unrestrictive and indefeasible right to use the relevant capacity (including equipment, fibers or capacity) for any legal purpose. 2.13 "Lit Fiber" means fiber-optic cable which is actively carrying a signal. 2.14 "Link Segment' means a specified length of fiber optic cable connecting two points. It may be a specified portion of a larger fiber optic cable network or it may be the entire network. 2.15 "OTDR" means Optical Time Domain Reflectometer which is the optical -fiber test instrument capable of measuring loss characteristics and displaying faults, splices, and other fiber events in single mode and multi -mode optical fibers. 2.16 "Other Fiber Owners or Lessees" means all others, either now or in the future, that obtain ownership of or lease rights to Dark Fiber strands or sheath. 2.17 "Proportional Share' shall mean the number of Lit Fibers, for each the ICN and City, within the sheath. 2.18 "Re -locate' shall mean when it is necessary to Re -locate a current fiber facility to a different location. 2.19 'Restoration" shall refer to restoring fiber optic cable to service after damage or cut incident, 2.20 'Route Maintenance" related to cable and the routelright of way (ROW) shall refer to repair of areas of exposed cable or degraded ROW, for example due to erosion or poor initial installation. 2.21 "State" means the State of Iowa and all of its agencies, boards, and commissions, including the ICN. 2.22 "SUP" shall mean Shared Use Project as identified and described in each Amendment added to the Agreement. SECTION 3. SCOPE OF WORK. 3.1 Scope of Services. Each SUP performed under this agreement must be set forth, in writing, in a Scope of Services document, that will be incorporated into this agreement via an Amendment to this agreement, which shall be signed by both Parties. 3.1.1 Each SUP Scope of Services document shall at a minimum identify and address the following: • City Project Number • Location of the project • Description of the project o Specific end points o Length of segment o Line drawings • Duration of the term for the project. • Fiber Route, fiber count, Fiber allocation and shall identify additional parties involved • Fiber map Responsibilities of each Party Ownership of the fiber • Fiber maintenance responsibility o If the ICN or the City are not providing maintenance and restoration, the amendment shall identify the service provider and the service levels for advance notice of maintenance activity and restoration times, in the event of a cable out. • Fiber repairs and restoration • Telecommunication Services related to the SUP • Project financials (costs and obligations) Which Party bears cost for future locates • Which Party bears cost for future relocates 3.2 Amendments to Scope of Services and Specifications. The parties agree that a Scope of Services document referenced in sections 3.1 and 3.1.1 and the specifications contained therein may be revised, replaced, amended or deleted at any time during the term of this Agreement to reflect changes in service or performance standards only upon the mutual written consent of the parties. 3.3 Industry Standards. All splicing services rendered pursuant to this agreement shall comply with the Standards set forth on Exhibit A attached ("Splicing, Testing and Acceptance Standards for single mode fiber") which is incorporated into this agreement by reference. All other services rendered pursuant to this Agreement shall be performed in a professional and workmanlike manner in accordance with the terms of this Agreement and with generally acceptable industry standards of performance for similar tasks and projects. Any services performed in violation of these standards will be corrected at no cost to the affected Party, such that the services are rendered in the above-specified manner. 3.3.1 As a general practice, the Designated Fiber optic cable shall be buried versus aerial, unless determined by mutual agreement of the parties, to be more economically feasible for short sections; i.e. rock area. 3.4 ICN and City Contact procedures are listed in Exhibit B, Maintenance and Support Contacts and On Call Procedures, which are attached and incorporated into this agreement by reference. Upon the addition of each SUP Scope of Services document to the Agreement pursuant to sections 3.1 and 3.1.1, the Parties shall review the information contained in Exhibit B and update the information if necessary. 3.5 Non -Exclusive Rights. This Agreement is not exclusive. The ICN and City reserve the right to select other Vendors to provide services similar or identical to the services referenced in this Agreement or set forth in the Scope of Services documents referenced in sections 3.1 and 3.1.1 of this Agreement during the term of this Agreement. 3.6 ICN PROPERTY. Except as provided in a specific project attachment, the City shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair, or otherwise tamper with any ICN property without the written consent of the ICN. The Parties agree that no party other than the ICN or a contractor under the direct supervision of the ICN shall be permitted to perform maintenance or splicing on the Fiber. 3.7 CITY EQUIPMENT. The City shall have sole responsibility for installation, testing and operation of City Equipment. The ICN shall not be responsible for the operation or maintenance of any City Equipment. The ICN shall not be responsible for the transmission or reception of communications or signals by City Equipment or for the quality of, or defects in, such transmission or reception. SECTION 4: COMPENSATION. 4.1 Payment Terms. Upon completion of the services, duties and responsibilities that a party is required to provide under a SUP Scope of Services document referenced in sections 3.1 and 3.1.1, each party shall submit itemized invoices to the other party that identify the services provided in connection with the Scope of Services document and the amount claimed for the services provided. All approved invoices will be paid in arrears and in conformance with Iowa Code. Either party may vary the terms of this provision by paying the invoice in less than 60 days as provided in Iowa Code. However, an election to pay in less than 60 days shall not act as an implied waiver of Iowa Code. Any sums owed by the other Party shall be itemized and added to the invoice prior to submission. If either Party disputes the amount of any invoice, the Party will notify the other party of the dispute within 30 days of receipt of the invoice. Payment of the disputed amount may be withheld until the dispute is resolved. 4.2 The Compensation section of each Scope of Services document incorporated into this agreement via Amendment under section 3.1 and 3.1.1 above, attached to Master Agreement 15-034, shall be reviewed thereafter every 36 months from the initial date of execution. 4.2.1 When reviewing the Compensation section of each Amendment the value of services (e.g., locate services, internet bandwidth) and infrastructure (e.g., fiber optic cable, conduit) provided by ICN and City, both one-time and ongoing, shall be considered. SECTION 5: TERM. This Agreement is effective upon signature of all parties and will continue for 20 years or until either Party provides notice as detailed in Section 10. SECTION 6. COLLOCATION. To the extent that City wishes to collocate equipment in any ICN facility, the Parties shall enter into a separate collocation agreement for each site. 3 SECTION 7. EXCLUSION OF WARRANTIES. THE ICN AND THE CITY MAKE NO WARRANTIES TO EACH OTHER OR ANY OTHER ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE INSTALLATION, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE DESIGNATED FIBER, ANY FIBERS, OR THE SYSTEM, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. SECTION 8. INDEMNIFICATION 8.1 The ICN and the City shall, only to the extent consistent with Article VII, Section 1 of the Iowa Constitution and Iowa Code Chapters 669 and 670, indemnify and hold each other harmless from and against any and all costs, expenses, losses, claims, damages, liabilities, settlements and judgments arising directly out of the negligence or wrongful acts or omissions of any employee of the ICN and the City, respectively, while acting within the scope of the employee's office of employment in connection with the performance of this Agreement. 8.2 Nothing contained herein shall operate as a limitation on the right of either party hereto to bring an action for damages against any third party, including indirect, special or consequential damages, based on any acts or omissions of such third party as such acts or omissions may affect the construction, operation or use of the Designated Fiber or the ICN Network; provided, however, that each party hereto shall assign such rights or claims, execute such documents and do whatever else may be reasonably necessary to enable the other party to pursue any such action against such third party. SECTION 9. LIMITATION OF LIABILITY. Notwithstanding any provision of this Agreement to the contrary, in no event shall either party be liable to the other party for any special, incidental, indirect, punitive or consequential damages, whether foreseeable or not, arising out of, or in connection with, transmission interruptions or problems, or any interruption or degradation of service, including, but not limited to, damage or loss of property or equipment, loss of profits or revenue, cost of capital, cost of replacement services, or claims of customers, whether occasioned by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by, the other party or any other cause whatsoever, including, without limitation, breach of contract, breach of warranty, negligence, or strict liability all claims for which damages are hereby specifically waived. SECTION 10. TERMINATION 10.1 Termination for Cause. In the event a breach of this agreement occurs, the non -breaching party may give written notice, pursuant to section 11.8, to the party that committed the breach, which notice shall advise that party of the specific facts and circumstances that constitute a breach of the agreement and further advise the party that it has 30 days to cure or correct the breach. If the breach is not cured or corrected at the end of this 30 day period, the non -breaching party shall have the right to terminate this agreement at the end of a 180 day period, which period shall start upon written notice, delivered to the party in breach pursuant to section 11.8, of the party's intention to terminate the agreement in 180 days. 10.2 Termination for Change in Law. Either party, ICN or City, shall have the right to terminate this Agreement without penalty by giving 180 days' written notice to the other party if one of the following events occurs: (a) Adequate funds are not appropriated or granted to allow the party to operate as required to fulfill its obligations under this Agreement; (b) Funds are de -appropriated or not allocated or if funds needed by the party, at the party's sole discretion, are insufficient for any reason; (c) The ICN's authorization to operate is withdrawn or there is a material change in the programs administered by the ICN; or (d) The ICN's duties are substantially modified. 10.3 Non -Availability of Funds. Notwithstanding any other provisions of this Agreement, if funds anticipated for the fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the Federal Government or of the State of Iowa to appropriate funds or through discontinuance or material alteration of the program under which funds were provided, then City shall have the right to terminate this Agreement without penalty. 10.4 Disposition of Fiber Optic Cable. If City and ICN are the only Parties within the fiber sheath and in the event that a Party elects to permanently terminate the use of its Designated Fiber referenced in any document that has been attached to this agreement or incorporated into this agreement by reference, the cable sheath and associated components, splicing hardware and any installed underground conduit, all items previously described will be considered to be abandoned and ownership shall be offered to the other Party at no cost. If either Party abandons the Fiber, the receiving Party shall be responsible for all costs associated with maintenance and operation of the cable, including all costs associated with any subsequent cable abandonment by the receiving Party. SECTION 11. CONTRACT ADMINISTRATION. 11.1 Amendments. This Agreement may be amended in writing from time to time by mutual consent of the parties. All Amendments to this Agreement must be in writing and signed by both the ICN and City. 11.2 Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. This Agreement is intended only to benefit the ICN and City. 11.3 Choice of Law and Forum. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any judicial proceeding is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in Polk County District Court for the State of Iowa, Des Moines, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the ICN, the City, or the State of Iowa. 11.4 Integration. This Agreement, any scope of Services document, Schedule, Addendum, Amendment, Rider or Exhibit attached to this agreement or incorporated into this agreement by reference, represents the entire Agreement between the parties and neither party is relying on any representation that may have been made which is not included in this Agreement. 11.5 Not a Joint Venture. Nothing in this Agreement shall be construed as creating or constituting the relationship of a partnership, joint venture, (or other association of any kind or agent/principal relationship) between the parties hereto. No party, unless otherwise specifically provided for herein, has the authority to enter into any agreement or create an obligation or liability on behalf of, in the name of, or binding upon another party to this Agreement. 11.6 Supersedes Former Agreements. This Agreement supersedes all prior Agreements between the ICN and City for the Fiber and services provided in connection with this Agreement. 11.7 Waiver. Any breach or default by either party shall not be waived or released other than by writing signed by the other party. Failure by either party at any time to require performance by the other party or to claim a breach of any provision of the Agreement shall not be construed as affecting any subsequent breach or the right to require performance with respect thereto or to claim a breach with respect thereto. 11.8 Notices. Any and all notices, designations, consents, offers, acceptances or any other communication provided for herein shall be given in writing by registered or certified mail, return receipt requested, or by receipted hand deliver, by Federal Express, courier, or other similar and reliable carrier which shall be addressed to each party as set forth as follows: If to the ICN: ICN — Contracting 400 East 14" Street Grimes State Office Building Des Moines, Iowa 50319 If to CITY; City of Iowa City, Mike Harapat —ITS Coordinator 410 East Washington Street Iowa City, Iowa, 52240 Each such notice shall be deemed to have been provided at the earliest of the following: (a) at the time it is actually received; or (b) in the case of overnight hand delivery courier or services such as Federal Express with guaranteed next day delivery, within one day; or (c) in the case of registered U.S. Mail, within five (5) days; or when verified by automated receipt or electronic logs if sent by facsimile or email. Copies of such notice to each party shall be provided separately. From time to time, the parties may change the name and address of a party designated to receive notice. Such change of the designated person shall be in writing to the other party and as provided herein. 11.9 Cumulative Rights. The various rights, powers, options, elections and remedies of either party, provided in this Agreement, shall be construed as cumulative and no one of them is exclusive of the others or exclusive of any rights, remedies or priorities allowed either party by law. Nothing in this Agreement shall be construed as affecting, impairing or limiting the equitable or legal remedies to which either party may be entitled as a result of any breach of this Agreement. 11.10 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion shall be severed from this Agreement. Such a determination shall not affect the validity or enforceability of any other part or provision of this Agreement. 11.11 Obligations beyond Agreement Term. This Agreement shall remain in full force and effect to the end of the specified term or until terminated or canceled pursuant to this Agreement. 11.12 Authorization. Each party to this Agreement represents and warrants to the other that it has the right, power and authority to enter into and perform its obligations under this Agreement and that it has taken all requisite action (corporate, statutory, or otherwise) to approve execution, delivery and performance of this Agreement. This Agreement constitutes a legal, valid and binding obligation upon the parties in accordance with its terms. 11.13 Successors in Interest. All the terms, provisions, and conditions of the Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives. 11.14 Counterparts and Facsimile Signatures. The parties agree that this Agreement has been or may be executed in several counterparts, each of which shall be deemed an original and all such counterparts shall together constitute one and the same instrument. The parties further agree that the signatures on this Agreement or any amendment or schedule may be manual or a facsimile signature of the person authorized to sign the appropriate document. All authorized facsimile signatures shall have the same force and effect as if manually signed. 11.15 Taxes: State and Local. The parties are tax-exempt entities and no payment will be made for any taxes for any purpose. 11.16 Assignment and Delegation. Neither party to this Agreement shall assign, transfer or convey this agreement in whole or in part without the prior written consent of the other party. 11.17 Disposition of Duct and/or Fiber Asset. In the event that either party elects to permanently terminate the use of the Duct and/or Fiber Asset, the identified asset and associated components will be considered abandoned and ownership shall be offered to the other party at no cost. If either party enters bankruptcy or is sold, the terminating party will ensure that the new owner of the Duct and or Fiber Asset recognizes the rights of the remaining party. The remaining party will be offered the option to negotiate an agreement with the new owner or terminate this Agreement. In the event of any assignment or change in ownership, neither party shall be required to provide services to unauthorized or approved users, nor does one party have the ability to obligate the other party to responsibilities without their written approval. 6 SECTION 12. EXECUTION. IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into the above Agreement and have caused their duly authorized representatives to execute this Agreement. IOWA COM 25 NETWORK Printed name: { Title: Date: 10 —1 LS CITY OF IOWA CITY BY. Printed name: Matthew J. Hayek Title: Date: June 2, 2015 MA�u L--4 ., s/"�'q/1s 7 EXHIBIT A SPLICING, TESTING AND ACCEPTANCE STANDARDS for Single Mode Fiber All splices will be performed with an industry -accepted fusion splicing machine as per ICN splicing specifications. 2. Splices will be qualified during the initial construction by the core alignment system on the fusion splicer. 3. After end-to-end (site -to -site) connectivity on the fibers, the installing contractor will complete bi-directional span testing. These measurements will be made after all cable installation activities are complete for each span. Connectors will be cleaned as necessary to ensure accurate measurements are taken. • Installed loss measurements at 1550nm will be recorded using an industry accepted laser source and power meter. Continuity testing (checking for "frogging") will be done on all fibers concurrently. • OTDR traces will be taken at 1550nm and splice loss measurements will be analyzed. Bell Core format will be used on all traces, unless both parties agree to another OTDR format. • All testing, power levels and OTDR traces will be conducted at 1551 • Installing Agency will pay for the testing at the 1550 level. • OTDR traces shall be saved in a standard file naming convention. One set of OTDR traces will be provided to each the CITY and the ICN via electronic format. 4. The splicing standards are as follows • The objective loss value of the connector and its associated splice will be 0.50 dB or less. • The objective for each Fiber within a span shall be an average bi-directional loss of 0.15 dB or less for each splice. For example, if a given span has 10 splices, each Fiber shall have a total bi- directional loss (due to the 10 splices) of 1.5 dB or less. Individual bi-directional loss values for each splice will be reviewed for high losses. • The aforementioned standards are objectives, not the basis for acceptance. The acceptance standard for each Fiber per span shall be calculated as follows: Span Loss = a (span distance in kilometers) + b 15 dB/splice) + c (0.50 db/connector) Where: a = maximum fiber loss in dB per kilometer for the specific fiber type/manufacturer at 1550nm b = number of splice locations for the span c = number of connectors for the span 5. All connector splices will be protected with heat shrinks. Buffer tubes/ribbons will not be split across more than one splice tray. An industry accepted splice enclosure will be used on all splices. FIBER STANDARDS NOTE: Single mode fiber shall meet the SMF -28 standard. If the fiber to be used is existing fiber, previously installed prior to 1996, the ICN will require the manufacture date of the fiber to ensure compatibility with the balance of the associated fiber and installation equipment. NOTE: Multimode fiber shall meet the ISO 11801 standard .The ICN will need to know what classification of MM fiber it is, OM1 (62.5/125), OM2 (50/125), or OM3 (Laser -Optimized 50/125). NOTE: As stated in 3.3.1 As a general practice, the Designated Fiber optic cable shall be buried versus aerial, unless determined by mutual agreement of the parties, to be more economically feasible for short sections; i.e. rock area. EXHIBIT B Maintenance and Support Contacts and On Call Procedures 1. Points of Contact. The Parties agree to provide points of contact for purposes of efficient management of this Agreement, in accordance with the following. 1.1 The ICN's primary point of contact for the City is the ICN Service Desk: Phone 1-800-572-3940. 1.2. City Contacts: ITS Service Desk 1(319)356-5411 Primary contact to CITY Service Desk Monday—Friday 8:OOPM to 5:OOPM After Hours 5:OOPM to 8:OOAM Escalation personnel: Name: Trent Hansen Title: Voice/Data Network Analyst Email: Trent-Hansen@Iowa-City.Org Phone: (319)356-5433 City Help Desk (319)356-5411 City Help Desk (319)356-5411 1.3 The Parties shall provide notice of any change in the respective point(s) of contact within 15 working days by notification via written media. 1.4 Requests for service and information sent by City employees who are not specified point(s) of contact and/or received by ICN employees who are not specified point(s) of contact in Section 1.2 will be verified by the proper contacts of both parties before action is taken. 2. Trouble Reporting and Resolution. The ICN shall provide for the following trouble reporting and resolution procedures: 2.1 The ICN network is monitored 24 hours per day, 7 days per week, utilizing a centralized control center for real-time status and alarm conditions. The ICN network operations and maintenance are applicable to all services delivered by the ICN. The ICN Service Desk is the point of contact for trouble reporting. Call locally 725-4400 or toll free 1-800-572-3940. Phones are answered 24 hours per day. Following are service standards relative to operations and management of the network 2.1.1 Network Surveillance. The ICN shall observe, monitor, analyze and report on all operations of the ICN Network. The ICN will identify network failures, troubles or degradation of service on the ICN fiber. The ICN will monitor the fiber path, but not City traffic. The ICN will notify the City point(s) of contact of ICN network failures, troubles or degradation of service. Locate and dispatch technicians when the ICN network experiences failures, troubles, or equipment degradation. Troubles and adverse network conditions are reported to the ICN Maintenance Supervisor for escalation or assistance in trouble shooting the problem that has been identified. 2.1.1.1 Trouble Ticketing and Escalation Follow-up. Trouble tickets are opened within 10 minutes of any trouble reported by City, staff, or vendors. Troubles generated by network surveillance are opened within 20 minutes on major alarms or daily thresholds. 2.1.1.2 All network outages (i.e. fiber cuts) and platform outages (i.e. video platform, internet and firewall) will follow current ICN Standard Procedures for escalation and resolution. 2.2 Scheduled Maintenance Activities. Unless expressly stated elsewhere in this Agreement, all Parties whose network traffic may be impaired or affected during the scheduled maintenance will be notified 3 business days before a routine scheduled maintenance window will take place. In the event that an "Emergency Maintenance Window" is required, the ICN will give City as much advanced notice as possible. An emergency maintenance window is defined as repair work that is required to restore service that is not performing to engineered standards. If the scheduled maintenance day or time needs to be altered for City, every effort will be made to accommodate the request. The ICN will provide notification (via the ICN MaintList e-mail server system) of scheduled maintenance activities to City points of contact as maintenance windows are scheduled. City must provide the ICN with valid contact names and telephone numbers for daytime and after-hours contact. City must also submit their point of contact information for the ICN to add to the MaintList e-mail distribution system. Routine maintenance is scheduled to be worked between the hours of midnight and 6:00 AM and is not restricted to any one day of the week or weekend. The ICN will make every effort to assure that the least amount of disruption of service to our customers as the result of maintenance work being performed. The ICN also reserves the right to perform network maintenance as required for the common good of all users of the ICN network. Any maintenance activity that affects only one ICN customer will be scheduled and approved jointly with the affected customer. All other maintenance work will be performed by the ICN within its own discretion, within the timeframes stated within this section and within the notification guidelines also stated in this section, including the guidelines related to emergency maintenance. 2.3 Cable Locates. When any contractor or citizen of Iowa begins any type of excavating, they are required to inform the Iowa One Call Center (IDC). IOC will determine the location and call all utilities that may be affected. Based on the IDC notification, the IOC will dispatch from the locate desk maintenance personnel to the affected site. Such maintenance personnel will verbally clear the situation, physically mark the location, and/or stand by the construction site during digging. Measures to be used are determined by the proximity of the proposed digging to ICN/ City cable. 2.4 Notification of Service Impairments. If service disruptions or degradation of service of any type is detected through network surveillance, the ICN Service Desk will notify City point of contact or City Help Desk via phone or via written media, including electronic mail, on the disruption as soon as identified and affected customers are determined. The ICN Service Desk will give updates on reported or detected service disruptions or degradation as follows: 2.4.1 Customer updates will be given as requested for Network Outages (including fiber cuts) and Platform Outages (i.e. Internet) during the standard business hours of 8:00 AM until 5:00 PM Monday thru Friday. The customer can request continued updates for after hours if a contact name and telephone number is provided. 2.4.2 CITY is required to notify the ICN Service Desk at 515-725-4400 or 800-572-3940, of any planned outages that will impact the ICN and its ability to provide service to City or other authorized users. This notification must be provided at least 5 business days before the work is to be done unless it is an emergency. 2.4.3 24x7 access to City buildings, building demarcation points, communication closets, equipment rooms, and other locations where ICN delivers either ICN or LEC services is required to be provided by City to ICN technicians to insure service guarantees and response times to repair. Access may be arranged via the City Service Desk. Advance notice will be required for escorted access. If 24 x 7 access is not available to ICN technicians, ICN service guarantees and response times to repair will not be honored. Escorted Access will be provided to the ICN on a 24 x 7 basis. If ICN access to City facilities is necessary due to a City request or requirement, the ICN shall not be charged an escort fee. 2.5 Due to the urgent nature, trouble calls shall be made to the ICN Service Desk via telephone: 2.5.1 Local (within Des Moines calling region) at 515-725-4400. 2.5.2 Outside Des Moines calling region at 1-800-572-3940, 10 2.6 Customer Requested Escalations: 2.6.1 Other ICN inquiries, including but not limited to billing, account history, status of service installation, and existing services in production, are to be addressed to ICN Customer Service and Support(CSS)Phone 1-877-426-4692. 2.6.2 The ICN shall provide for trouble and inquiry resolution as follows: The ICN shall respond within 1 business day of an City escalation request with updates, plans and/or resolutions followed by written or electronic confirmation of the updates, plans and/or resolutions within 3 business days. 2.6.3 Other inquiries, as noted in 2.6.1 above, within 3 business days after receipt of the inquiry by the ICN, the ICN and City shall mutually agree to a upon the path to the inquiry resolution. 2.7 City and the ICN will conduct periodic review of problems and develop procedures for outage and problem discussion and service improvement efforts. Examples include but are not limited to: chronic and recurring problems and major outages. AMENDMENTI To MASTER AGREEMENT FO SHARED USE PROJECTS 15-034 THIS AMENDMENT is between the State of Iowa, Iowa Telecommunications and Technology Commission operating the Iowa Communications Network, (collectively the "ICN") and the City of Iowa City ("Iowa City' or "City"). In consideration of the mutual promises herein made, ICN and City agree as follows: SECTION 1. PURPOSE OF AMENDMENT. The Parties intend to amend the Agreement to add Schedule A.1, Scope of Services, Appendix 1, As -Built Drawings. SECTION 2. AMENDMENT ALLOWED. Section 3.2 of the Agreement provides for this Amendment with mutual written consent of the Parties. SECTION 3. EXECUTION. In witness whereof in full consideration of the mutual covenants set forth above for other good and valuable consideration the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties have entered into the above Amendment and have caused their duly authorized representatives to execute this Amendment. All previous terms and conditions shall remain in full force and effect with the exception of previously mentioned modifications in this document. CITY OF IOWA CITY By: Date: June 2, 2015 Title: Mayor IOWA COMMUNICATIONS NETWORK M Title: ( f/Ei of X74`6 665rle&K ..ItY ARtnrnsy s Qtfl�� Schedule A.1 Scope of Services PROJECT DESCRIPTION: The ICN and Iowa City have agreed to an exchange of facilities to accommodate their projects: • Iowa City will provide handhole/conduit access along Highway 1/North Dodge in order to cross Interstate 80 to south of Northgate Drive in Iowa City for the ICN to install a fiber optic cable- • ICN will provide dark fibers along 1-80 from Highway 1/North Dodge to 1st Ave. IOWA CITY PROVIDED SEGMENT: Conduit and Handholes —See Attached Overview Map Appendix 1 1 _ City has existing 2" conduit per the attached drawing along Iowa Highway 1/N Dodge St, Iowa City between the SE corner of Highway 1 and 1-80 (ICN/DOT HH (splice LS216) to handhole CIC - 179) going north along Highway 1 through multiple handhole ending at handhole CIC -278 north of Northgate Drive on Highway 1/N. Dodge. Approximate Distance — 3600' 2. City will allow the ICN to install a new 48 fiber strand, single mode cable within the existing 2" conduit through the handhole system. ICN will be allowed to leave maintenance/splice coils in the handholes and have access to these for maintenance, splicing and future access. 3. CITY RESPONSIBILITIES. The City will own, maintain, and locate the conduit/handhole system. 3.1 Non -Recurring Fiber Fee: N/A 3.2 Annual Maintenance Fee: N/A 3.3 Non -Recurring Installation Charges: N/A 3.4 Collocation Required: N/A 3.5 Locate Responsibility: City 3.6 Maintenance Responsibility: City 3.7 Relocation Responsibility: City for the conduit/handhole system in coordination with ICN. 3.8 Term: Coterminous with the Master Agreement 4. ICN RESPONSIBILITIES. The ICN will own and maintain the new 48 fiber cable and will locate this cable within the conduit system. Cable installation will be at ICN's expense. 4.1 Non -Recurring Fiber Fee: N/A 4.2 Annual Maintenance Fee: NIA 4.3 Non -Recurring Installation Charges: N/A 4.4 Collocation Required: N/A 4.5 Locate Responsibility: ICN for the new cable only. 4.6 Maintenance Responsibility: ICN for the cable only. 4.7 Relocation Responsibility: ICN for the ICN cable only in coordination with City for the conduit/handhole system. 4.8 Term: Coterminous with the Master Agreement ICN PROVIDED SEGMENT: 1. ICN owns fiber strands within an existing 96 fiber cable along 1-80 between ICN Splice CS1002E-2 at 1st Ave and LS216 at Dodge St. The 12 fibers, the slate tube (fibers 49-60) will be allocated to the City approximately 19,000'. 1.1 Non -Recurring Fiber Fee: N/A 1.2 Annual Maintenance Fee: N/A 1.3 Non -Recurring Installation Charges: City will provide a tie cable at City's expense for the ICN to splice fibers at ICN's expense to tie in the new fibers at the existing ICN splice points: 1.3.1 Splice LS216 at N. Dodge and 1-80: 12 fibers 1.3.2 Splice CS1002E-2 at 1s Ave and 1-80: 12 fibers 1.3.3 Splice CS1002E-3 at N. Dubuque St. and 1-80: 24 fibers 1.4 Collocation Required: N/A 1.5 Locate Responsibility: ICN 1,6 Maintenance Responsibility: ICN 1.7 Emergency Restoration: ICN. Emergency restoration costs will be allocated as a proportionate share of the fibers assigned to each party within the 96 fiber cable, unless reimbursed by a third party. 1.8 Relocation Responsibility: ICN. Relocations costs will be allocated as a proportionate share of the fibers assigned to each party within the 96 fiber cable. 1.9 Term: Coterminous with the Master Agreement IOWA CITY PROPERTY. Except as provided in the Installation of City Equipment section of this Scope of Services, ICN shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair or otherwise tamper with any City property without the written consent of the City. The Parties agree that no party other than the City or a contractor under the direct supervision of the City shall be permitted to perform maintenance or splicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to the Master Agreement. If CITY or a CITY authorized contractor is unable to facilitate ICN's ability to restore its fiber within 6 hours, CITY will grant the ICN reasonable access to the City Property to enable ICN and/or ICN authorized contractors to restore the interrupted service. ICN PROPERTY. Except as provided in the Installation of City Equipment section of this Scope of Services, City shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair or otherwise tamper with any ICN property without the written consent of the ICN. The Parties agree that no party other than the ICN or a contractor under the direct supervision of the ICN shall be permitted to perform maintenance or splicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to the Master Agreement. COMPENSATION. No fees will be exchanged between the Parties for use of the conduit, installation of cable and initial splicing of the cable. TERM. The Term of this Amendment shall be coterminous with Master Agreement 15-034 1 CIC -271 ,-CIC-179 �fV/DOT HH F C-278 .Hr CIC -277 , 'IN CIC -276 t CIC -273 4LNIL 1 CIC -271 ,-CIC-179 �fV/DOT HH F APPENDIX , As -Built Drawings r,* provide as -built documentation a the fiber path; see overview we. 5 AGREEMENT 15-034 MASTER AGREEMENT FOR SHARED USE PROJECTS THIS AGREEMENT is made on by and between the State of Iowa, Iowa Telecommunications and Technology Commission operating the Iowa Communications Network, (collectively the "ICN") and the City of Iowa City ("Iowa City" or "City'). ICN and Iowa City may also be referred to as the "Parties" or "Party" as the context allows. In consideration of the mutual covenants contained in this Agreement, the sufficiency of which is acknowledged, the parties agree as f Ilows: This Agreement sets forth the i itial terms and conditiens which will apply to the ICN and City relating to the shared installation, use, and maintenan of communications fac � 'es and services within the City of Iowa City, Iowa. SECTION 1. IDENTITY OF THE PARTIES. 1.1 The Iowa Telecommunications and T chnology Commission oper ting the Iowa Communications Network is authorized by Iowa Code Chapter 8D to op rate a communications n twork in the State of Iowa. The Iowa Communications Network's address is 400 East 4th Street, Grimes State ffice Building, Des Moines, Iowa 50319. 1.2 The City of Iowa City is a municipality nd political subdivis' n of the State of Iowa incorporated in accordance with the relevant provisions of Iowa aw. The City's Ad inistration Offices location is: 410 East Washington Street. Iowa City, Iowa 52240 SECTION 2. DEFINITIONS. The following words s 1 have the meanings set forth below. Words in the singular shall be held to include the plural and vice versa. 2.1 "Agreement" means this document and any amend ents to this document or any other documents specifically incorporated into this agreement by referenc . 2.2 "Cable Locates" or "Locates" means the identifi ion of utilities through the Iowa One Call Center (IOC) pursuant to Iowa Code chapter 480. 2.3 "Dark Fiber" means a number of fibers, nor Ily apressed in number of glass strands unless otherwise stated, between two specified locations that ve no optronics or electronics attached to it, thus no light/communications signal being transmitted tat h the fibe\nach 2.4 "Designated Fiber" shall mean the Fibeas identified Amendment, Appendix and Exhibit. 2.5 "City" means the City of Iowa City I 2.6 "City Duct" means a buried cond t or HDPE duct for the pu ose of enabling the installation of one or more fiber optic strands installed by, owned (jointly or individually) or a ocated to the City, identified on the Exhibit(s) attached hereto. 2.7 "City Equipment" means f ilities or equipment provided, own d or installed by City in, around or on the Designated Fiber. 2.8 "Fiber" means a glas strand or strands which is/are protected y a color -coded buffer tube and which is/are used to transmit a com unication signal along the glass strand in the orm of pulses of light. 2.9 "Fiber Segment" n}6ans the length of similar fiber and fiber count 2.10 "ICN" means Ilectively the Iowa Telecommunications and Technology Communications Netw rk. \ 2.11 "ICN Netw rk" means the communications system operated by the ICN, as it is modified fr time to time. designated access splice points. Commission operating the Iowa such systems exist now, and 2.12 "IRU" or "Indefeasible Right to Use" means the exclusive, unrestrictive and indefeasible right to use the relevant capacity (including equipment, fibers or capacity) for any legal purpose. 2.13 "Lit Fiber" means fiber-optic cable which is actively carrying a signal. 2.14 "Link Segment" means a specified length of fiber _optic cable connecting two points. It may be a specified portion of a larger fiber optic cable network or it ma "the entire network. 2.15 "OTDR" means Optical Time Domain Reflect which is the optical -fit er test instrument capable of measuring loss characteristics and displaying f ults, splices, and other fiber events it single mode and multi -mode optical fibers. II 2.16 "Other Fiber Owners or Lessees" n lease rights to Dark Fiber strands or sheath. 2.17 "Proportional Share" shall mean the num 2.18 "Re -locate" shall mean when it is all others, either now or in the of Lit Fibers, for each the that obtain ownership of or and City, within the sheath. to Re -locate a current fibXr facility to a different location. 2.19 "Restoration" shall refer to restoring fiber o tic cable to se/vids,and damage or cut incident. 2.20 "Route Maintenance" related to cable and he route/righROW) shall refer to repair of areas of exposed cable or degraded ROW, for example due to erosion or pnstallation. 2.21 "State" means the State of Iowa and all of its gencies, bocommissions, including the ICN. 2.22 "SUP" shall mean Shared Use Project as Agreement. SECTION 3. SCOPE OF WORK. 3.1 Scope of Services. Each SUP performed of Services document, that will be incorporated into shall be signed by both Parties. 3.1.1 Each SUP Scope of Services • City Project Number ■ Location of the project ■ Description of the project o Specific end points o Length of segmen o Line drawings described in each Amendment added to the this agreement must be set forth, in writing, in a Scope greement via an Amendment to this agreement, which shall �t a minimum identify and address the following: ■ Duration of the term for he project. ■ Fiber Route, fiber cou t, Fiber allocation and s all identify additional parties involved ■ Fiber map ■ Responsibilities of ach Party ■ Ownership of the fiber ■ Fiber maintena a responsibility o If the N or the City are not providing m iden ' y the service provider and the se act' ity and restoration times, in the event ■ Fiber rep rs and restoration ■ Teleco unication Services related to the SUP ■ Projec inancials (costs and obligations) ■ Whic Party bears cost for future locates ■ Whi Party bears cost for future relocates intenance and restoration, the amendment shall /ice levels for advance notice of maintenance ?f a cable cut. 3.2 Amendments to Scope of Services and Specifications. The parties agree that a Scope of Services document referenced in sections 3.1 and 3.1.1 and the specifications co tained therein may be revised, replaced, amended or deleted at any time during the term of this Agreement to re ect changes in service or performance standards only upon the mutual written consent of the parties. lA 3.3 Industry Standards. All splicing services rendered pursuant to this agreement shall comply with the Standards set forth on Exhibit A attached ("Splicing, Testing and Acceptance Standards for single mode fiber") which is incorporated into this agreement by reference. All other services rendered pursuant to this Agreement shall be performed in a professional and workmanlike manner in accordance with the terms of this Agreement and with generally acceptable industry standards of performance for similar tasks and projects. Any services performed in violation of these standards will be corrected at no cost to the affected Party, such that the services are rendered in the above-specified manner. 3.3.1 As a general practice, the Designated Fiber optic cable shall be buried versus aerial, unless determined by mutual agreement of tl�parties, to be more economically feasible for short sections; i.e. rock area. (( 3.4 ICN and City Contact procedures are I ted in Exhibit B, Maintenance and Support Contacts and On Call Procedures, which are attached and incorporate into this agreement by reference. Upon the addition of each SUP Scope of Services document to the Agreement)pursuant to sections 3.1 and 3.1.1, the Partied shall review the information contained in Exhibit B and update the kformation if necessary. 3.5 Non -Exclusive Rights. This Agreement is n t exclusive. The ICN and City reserve he right to select other Vendors to provide services similar or identical to a services referenced in this Agr ment or set forth in the Scope of Services documents referenced in sectio s 3.1 and 3.1.1 of this Agree i§nt during the term of this Agreement. 3.6 ICN PROPERTY. Except as provided in ; permit others, to rearrange, disconnect, remove, without the written consent of the ICN. The Parties direct supervision of the ICN shall be permitted to p 3.7 CITY EQUIPMENT. The City shall have sole r Equipment. The ICN shall not be responsible for the of shall not be responsible for the transmission or reception quality of, or defects in, such transmission or reception. SECTION 4: COMPENSATION. ific project attachment the City shall not, and shall not it to repair, or othe ise tamper with any ICN property that no party other an the ICN or a contractor under the maintenance or licinq on the Fiber. )onsibility V installation, testing and operation of City ation or r9Aintenance of any City Equipment. The ICN commupications or signals by City Equipment or for the 4.1 Payment Terms. Upon completion of the service , provide under a SUP Scope of Services document refer itemized invoices to the other party that identify the s is document and the amount claimed for the services ovide conformance with Iowa Code. Either party may va the to 60 days as provided in Iowa Code. However, an lection tc waiver of Iowa Code. Any sums owed by the ther Party submission. If either Party disputes the amou of any invo within 30 days of receipt of the invoice. P ment of the d resolved. duties and responsibilities that a party is required to ad in sections 3.1 and 3.1.1, each party shall submit s provided in connection with the Scope of Services . All approved invoices will be paid in arrears and in ns of this provision by paying the invoice in less than pay in less than 60 days shall not act as an implied shall be itemized and added to the invoice prior to e, the Party will notify the other party of the dispute I puted amount may be withheld until the dispute is 4.2 The Compensation section of a ch Scope of Servic s document incorporated into this agreement via Amendment under section 3.1 and 3.1.1 above, attached to Mar Agreement 15-034, shall be reviewed thereafter every 36 months from the initial date o execution. 4.2.1 When reviewing the ompensation section of services, internet bandwi ) and infrastructure (e.g., both one-time and ongoi g, shall be considered. SECTION 5: TERM. This Agr ement is effective upon signature of either Party provides notice detailed in Section 10. SECTION 6. COLLOCATPN. To the extent that City wishes to col shall enter into a separate/collocation agreement for each site. Amendment the value of services (e.g., locate optic cable, conduit) provided by ICN and City, parties and will continue for 20 years or until equipment in any ICN facility, the Parties SECTION 7. EXCLUSION OF WARRANTIES. THE ICN AND THE CITY MAKE NO WARRANTIES TO EACH OTHER OR ANY OTHER ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE INSTALLATION, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE DESIGNATED FIBER, ANY FIBERS, OR THE SYSTEM, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. / SECTION 8. INDEMNIFICATION. 8.1 The ICN and the CITY shall, only to t e extent consistent with Iowa Code Chapters 669 and 670, indemnify and hold each other harmless from an against any and all costs, expens, losses, claims, damages, liabilities, settlements and judgments arising directly out of the negligence or wro , gful acts or omissions of any employee of the ICN and the CITY, respectiv y, while acting within the scop°e of the employee's office of employment in connection with the performance o this Agreement. 7 8.2 Nothing contained herein shall operate a a limitation on the right of ther party hereto to bring an action for damages against any third party, including in-rect, special or conseque tial damages, based on any acts or omissions of such third party as such acts or issions may affect the onstruction, operation or use of the Designated Fiber or the ICN Network; provided, ho ever, that each party Oreto shall assign such rights or claims, execute such documents and do whatever else ma be reasonably nec sary to enable the other party to pursue any such action against such third party. SECTION 9. LIMITATION OF LIABILITY. Notwithst n event shall either party be liable to the other party f r damages, whether foreseeable or not, arising out of, o or any interruption or degradation of service, including, loss of profits or revenue, cost of capital, cost of replace by any construction, reconstruction, relocation, repair o the other party or any other cause whatsoever, including negligence, or strict liability all claims for which damages SECTION 10. TERMINATION. 10.1 Termination for Cause. In the event a breE written notice, pursuant to section 11.8, to the party of the specific facts and circumstances that constitu has 30 days to cure or correct the breach. If the r the non -breaching party shall have the right to eri period shall start upon written notice, deliver tc intention to terminate the agreement in 180 d s. ding any pro sion of this Agreement to the contrary, in no any specia , incidental, indirect, punitive or consequential in connec on with, transmission interruptions or problems, ut not Iii ited to, damage or loss of property or equipment, ent se ices, or claims of customers, whether occasioned main nance performed by, or failed to be performed by, wit out limitation, breach of contract, breach of warranty, ereby specifically waived. of th agreement occurs, the non -breaching party may give at co mitted the breach, which notice shall advise that party a brea h of the agreement and further advise the party that it ach is n t cured or corrected at the end of this 30 day period, iinate thi agreement at the end of a 180 day period, which the party in breach pursuant to section 11.8, of the party's 10.2 Termination for Change in Law. Ei er party, ICN or Ci , shall have the right to terminate this Agreement without penalty by giving 180 days' writ n notice to the othe party if one of the following events occurs: (a) Adequate funds are not appropriated o granted to allow the p y to operate as required to fulfill its obligations under this Agreement; (b) Funds are d -appropriated or not alloc ted or if funds needed by the party, at the party's sole discretion, are insufficient for a reason; (c) The ICN's au orization to operate is withdrawn or there is a material change in the programs ad inistered by the ICN; or (d) T ICN's duties are substantially modified. 10.3 Non -Availability of Funds Notwithstanding any other provi ions of this Agreement, if funds anticipated for the fulfillment of this contract art r at any time not forthcoming or ins- icient, either through the failure of the Federal Government or of the State c Iowa to appropriate funds or throu�eright discontinuance or material alteration of the program under which funds ere provided, then City shall have to terminate this Agreement without penalty. 10.4 Disposition of Fib9f Optic Cable. If City and ICN are theon Parties within the fiber sheath and in the event that a Party elects t permanently terminate the use of its Desig ted Fiber referenced in any document that has been attached to thA agreement or incorporated into this agree ent by reference, the cable sheath and associated components, splicing hardware and any installed undergro d conduit, all items previously described will be considered to be abandoned and ownership shall be offered to te other Party at no cost. If either Party abandons the Fiber, the receiving Party shall be responsible for all 4osts associated with maintenance and 4 operation of the cable, including all costs associated with any subsequent cable abandonment by the receiving Party. SECTION 11. CONTRACT ADMINISTRATION. 11.1 Amendments. This Agreement may be amerce in writing from Milne to time by mutual consent of the parties. All Amendments to this Agreement must be iry*riting and signed by bdth the ICN and City. 11.2 Third Party Beneficiaries. There are n third party beneficiaries to tJhis Agreement. This Agreement is intended only to benefit the ICN and City. f 11.3 Choice of Law and Forum. The laws f the State of Iowa shall g ern and determine all matters arising out of or in connection with this Agreement with ut regard to the choice of w provisions of Iowa law. In the event any judicial proceeding is commenced in co nection with this Agree ent, the exclusive jurisdiction for the proceeding shall be brought in Polk County Dis ict Court for the State Iowa, Des Moines, Iowa. This provision shall not be construed as waiving any immunity to suit or liability inclu ing without limitation sovereign immunity in State or Federal court, which may be available t the ICN, the City, or a State of Iowa. 11.4 Integration. This Agreement, any sc pe of Services ocument, Schedule, Addendum, Amendment, Rider or Exhibit attached to this agreement or in rporated into is agreement by reference, represents the entire Agreement between the parties and neither party s relying ony representation that may have been made which is not included in this Agreement. 11.5 Not a Joint Venture. Nothing in this hnreemeltshall be construed as creating or constituting the relationship of a partnership, joint venture, (or other asso ation of any kind or agent/principal relationship) between the parties hereto. No party, unless otherwise spe ific ly provided for herein, has the authority to enter into any agreement or create an obligation or liability on b of, in the name of, or binding upon another party to this Agreement. 11.6 Supersedes Former Agreements. This A reement supersedes all prior Agreements between the ICN and City for the Fiber and services provided in colKneclion with this Agreement. 11.7 Waiver. Any breach or default by/46ither p rty shall not be waived or released other than by writing signed by the other party. Failure by either p rty at an time to require performance by the other party or to claim a breach of any provision of the Agreement s all not be c nstrued as affecting any subsequent breach or the right to require performance with respect thereto of to claim a br ach with respect thereto. 11.8 Notices. Any and all notice , designations, c nsents, offers, acceptances or any other communication provided for herein shall bed in iting by registered Pr certified mail, return receipt requested, or by receipted hand deliver, by Federal Express,c urier, or other simil r and reliable carrier which shall be addressed to each party as set forth as follows: If to the ICN: ICN — Contracting 400 East 14th Street Grimes State Office Bu ding Des Moines, Iowa 5031 If to CITY: City of Iowa City, Mike Harapat —ITS Co( 410 East Washington Ic Iowa City, Iowa, 52240 Each such notice hall be deemed to have been provided at the ea 'est of the following: (a) at the time it is actually received; or (b) i the case of overnight hand delivery courier or se ices such as Federal Express with guaranteed next day deliver ,within one day; or (c) in the case of registered U.S Mail, within five (5) days; or when verified by automated rec ipt or electronic logs if sent by facsimile or email. opies of such notice to each party shall be provided separ I . From time to time, the parties may change the ame and address of a party designated to receive notice. Such change of the designated person shall be in writing to the other party and as provided herein. 11.9 Cumulative Rights. The various rights, powers, options, elections and remedies of either party, provided in this Agreement, shall be construed as cumulative and no one of them is exclusive of the others or exclusive of any rights, remedies or priorities allowed either party by law. Nothing in this Agreement shall be construed as affecting, impairing or limiting the equitable or legal remedies to which either party may be entitled as a result of any breach of this Agreement. 11.10 Severability. If any provision oft K Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalid portio shall be severed from this Agreement. Such a determination shall not affect the validity or enforceability of any o her part or provision of this Agreement. I 11.11 Obligations beyond AgreementlTerm. This Agreement shall remain in f) 11 force and effect to the end of the specified term or until terminated or canceled pursuant to this Agreement. / 11.12 Authorization. Each party to thi Agreement represents and wary is to the other that it has the right, power and authority to enter into and PE its obligations under this Agre ent and that it has taken all requisite action (corporate, statutory, or otherwise)t approve execution, delivery ad performance of this Agreement. This Agreement constitutes a legal, valid and bin 'ng obligation upon the parti in accordance with its terms. 11.13 Successors in Interest. All the terl, provisions, and condi ons of the Agreement shall be binding upon and inure to the benefit of the parties hereto a their respective suc ssors, assigns, and legal representatives. 11.14 Counterparts and Facsimile Signatu\he The parties gree that this Agreement has been or may be executed in several counterparts, each of whall be de med an original and all such counterparts shall together constitute one and the same instrumeparties urther agree that the signatures on this Agreement or any amendment or schedule may be manr a facs' ile signature of the person authorized to sign the appropriate document. All authorized facsiminature shall have the same force and effect as if manually signed. 11.15 Taxes: State and Local. The parties are for any purpose. 11.16 Assignment and Delegation. Neither agreement in whole or in part without the prior wrj entities and no payment will be made for any taxes to this Agreement shall assign, transfer or convey this isent of the other party. 11.17 Disposition of Duct and/or FiberAsset. n the ever of the Duct and/or Fiber Asset, the identilfZ asset and s ownership shall be offered to the other pa y at no cost. party will ensure that the new owner of a Duct and or The remaining party will be offerJassi option to negot Agreement. In the event of any ment or change services to unauthorized or apprsers, nor does responsibilities without their writteval. SECTION 12. EXECUTION. IN WITNESS WHEREOF, in consideration, the receipt, entered into the above < Agreement. IOWA COMMUNICAT ONS By. Printed name: Title: t that either party elects to permanently terminate the use sociated components will be considered abandoned and ither party enters bankruptcy or is sold, the terminating er Asset recognizes the rights of the remaining party. at an agreement with the new owner or terminate this inwnership, neither party shall be required to provide me party have the ability to obligate the other party to isideration of the mutual covens is set forth above and for other good and valuable luacy and legal sufficiency of w ich are hereby acknowledged, the parties have ment and have caused their d ly authorized representatives to execute this NETWORK Date: CITY OF IOWA CITY By: Printed name: Title: Date: EXHIBIT A SPLICING TESTI G AND ACCEPTANCE STAND RDS f r Sin le Mode Fiber All splices will be performed with an indus ry-accepted fusion spli ' g machine as per ICN splicing specifications. Splices will be qualified during the initial con truction by the re alignment system on the fusion splicer. After end-to-end (site -to -site) connectivity on a fibers, th installing contractor will complete bi-directional span testing. These measurements will be m e after cable installation activities are complete for each span. Connectors will be cleaned as necessa to ens re accurate measurements are taken. • Installed loss measurements at 1550nm will a recorded using an industry accepted laser source and power meter. Continuity testing (ch c ' g for "frogging") will be done on all fibers concurrently. • OTDR traces will be taken at 1550nm an splice 4 loss measurements will be analyzed. Bell Core format will be used on all traces, unless th parties agree to another OTDR format. • All testing, power levels and OTDR tra es ill be conducted at 1550nm. • Installing Agency will pay for the test' g at a 1550 level. • OTDR traces shall be saved in a st ndard f e naming convention. One set of OTDR traces will be pr vided to ach the CITY and the ICN via electronic format. 4. The splicing standards are as follows: • The objective loss value of t connector and its associated splice will be 0.50 d6 or less. • The objective for each Fibe within a span shall be an average bi-directional loss of 0.15 dB or less for each splice. For exam le, if a given span s 10 splices, each Fiber shall have a total bi- directional loss (due tot 10 splices) of 1.5 d or less. Individual bi-directional loss values for each splice will be,_ e revi ed for high losses. • The aforementioned andards are objectives, t the basis for acceptance. The acceptance standard for each F' er per span shall be calcul ted as follows: Span Loss = a (sp n distance in kilometers) + b 0.15 d6/splice) + c (0.50 db/connector) Where: a = ma mum fiber loss in d6 per kilomet r for the specific fiber type/manufacturer at 155 m b= mber of splice locations for the spa c = umber of connectors for the span 5. All connector spli es will be protected with heat shrinks. Bu er tubes/ribbons will not be split across more than one splice ay. An industry accepted splice enclosure ill be used on all splices. FIBER STANDARDS NOTE: Single mod fiber shall meet the SMF -28 standard. If the fiber tk be used is existing fiber, previously installed prior to 199 the ICN will require the manufacture date of the fi er to ensure compatibility with the balance of the associated fiber and installation equipment. 7 NOTE: Multimode fiber shall meet the ISO 11801 standard .The ICN will need to know what classification of MM fiber it is, OM1 (62.5/125), OM2 (50/125), or OM3 (Laser -Optimized 50/125). NOTE: As stated in 3.3.1 As a general practice, the Designated Fiber optic cable shall be buried versus aerial, unless determined by mutual agreement of the parties, to be more economically feasible for short sections; i.e. rock area. EXHIBIT B Mai tenance and Support Contacts and On Call Procedures 1. Points of Contact. The Parties agree to F Agreement, in accordance with the following. 1.1 The ICN's primary point of contact for 1.2. City Contacts: ITS Service Desk 1(31 Primary contact to CITY Service Desk points of contact for purposes of efficient management of this City is the ICN Service Desk: Phone 11 Monday — Friday 8:OOPM to 5:OOPM Cityelp Desk (319)356-54 After Hours 5:OOPM to 8:OOAM City Nelp Desk (319)356-$11 Escalation personnel: Name: Trent Hansen Title: Voice/Data Network Analyst Email: Trent-Hansen@Iowa-City.Org Phone: (319)356-5433 1.3 The Parties shall provide notice/sent a in the respective point(s) of contact within 15 working days by notification via written media 1.4 Requests for service and informity employees who are not specified point(s) of contact and/or received by ICN employees sp cified point(s) of contact in Section 1.2 will be verified by the proper contacts of both partien i taken. 2. Trouble Reporting and Resolution.e ICN shall procedures: 2.1 The ICN network is itored 24 hours per day, for real-time status and arm conditions. The ICN net all services deliveredthe ICN. The ICN Service De locally 725-4400 or t9.1 free 1-800-572-3940. Phones ar standards relative t9loperations and management of the for the following trouble reporting and resolution days per week, utilizing a centralized control center ork operations and maintenance are applicable to k is the point of contact for trouble reporting. Call answered 24 hours per day. Following are service 2.1.1 N work Surveillance. The ICN shall obsery , monitor, analyze and report on all operations of the IC Network. The ICN will identify network f lures, troubles or degradation of service on the ICN ber. The ICN will monitor the fiber path, b t not City traffic. The ICN will notify the City poi t(s) of contact of ICN network failures, troubles r degradation of service. Locate and dispatch to nicians when the ICN network experiencesilures, troubles, or equipment degradation. Troubles and adverse network conditions are repo ed to the ICN Maintenance Supervisor for escalation or assistance in trouble shooting the proble that has been identified. 2.1.1.1 Trouble Ticketing and Escalation Follow-up. Trouble tickets are opened within 10 minutes of any trouble reported by City, staff, or vendors. Troubles generated by network surveillance are opened within 20 minutes on major alarms or daily thresholds. 2.1.1.2 All network outages (i.e. fiber cuts) and platform outages (i.. video platform, internet and firewall) will follow current ICN Standard Procedures for escalatiorj and resolution. 2.2 Scheduled Maintenance ctivities. Unless expressly stated elsewhere in this Agreement, all Parties whose network traffic may b impaired or affected during the schedule maintenance will be notified 3 business days before a routi a scheduled maintenanc/finemaintenance dow will ke place. In the event that an "Emergency Maintenance Win w" is required, the ICN wCity a uch advanced notice as possible. An emergency maintenance wi ow is defined as repairthat is equired to restore service that is not performing to engineered stands ds. If the scheduled mance ay or time needs to be altered for City, every effort will be made to ac ommodate the requesI will provide notification (via the ICN MaintList e-mail server system) of scheduled maintactivities to City points of contact as maintenance windows are schedu d. City must provideN with valid contact names and telephone numbers for daytime and after -hour contact. City must abmit their point of contact information for the ICN to add to the MaintList e-mail istribution system. e maintenance is scheduled to be worked between the hours of midnight and :00AMandisnot red to any one day of the week or weekend. The ICN will make every effort to as re that the least of disruption of service to our customers as the result of maintenance work bei performed. T ICN also reserves the right to perform network maintenance as required for the com on good of a users of the ICN network. Any maintenance activity that affects only one ICN customer wi be schedul d and approved jointly with the affected customer. All other maintenance work will be perform d by the I N within its own discretion, within the timeframes stated within this section and within the notific tion gui elines also stated in this section, including the guidelines related to emergency maintenance. 2.3 Cable Locates. When any contractor tizen of Iowa begins any type of excavating, they are required to inform the Iowa One Call Center (IOC). OC will determine the location and call all utilities that may be affected. Based on the IOC notification, t IOC will dispatch from the locate desk maintenance personnel to the affected site. Such maintenanc p rsonnel will verbally clear the situation, physically mark the location, and/or stand by the construcy6n sk during digging. Measures to be used are determined by the proximity of the proposed digging to I N/ Cit cable. 2.4 Notification of Service Impair ents. Ifs ice disruptions or degradation of service of any type is detected through network surveil nce, the ICService Desk will notify City point of contact or City Help Desk via phone or via written dia, including lectronic mail, on the disruption as soon as identified and affected customers are deter fined. The ICN ervice Desk will give updates on reported or detected service disruptions or degrad tion as follows: 2.4.1 Customer u ates will be given as re uested for Network Outages (including fiber cuts) and Platform Outage (i.e. Internet) during the standard business hours of 8:00 AM until 5:00 PM Monday thru Fri ay. The customer can requ t continued updates for after hours if a contact name and telephone umber is provided. 2.4.2CITY required to notify the ICN Servic Desk at 515-725-4400 or 800-572-3940, of any planned o ages that will impact the ICN and its ility to provide service to City or other authorized users. Th' notification must be provided at least 5 business days before the work is to be done unless its an emergency. 2.4.3 4x7 access to City buildings, building d arcation points, communication closets, equiqfnent rooms, and other locations where ICN deli* s either ICN or LEC services is required to be ovided by City to ICN technicians to insure service''guarantees and response times to repair. Access- may be arranged via the City Service Desk. Advance notice will be required for escorted access. If 24 x 7 access is not available to ICN technicians, ICN service guarantees and response times to repair will not be honored. Escorted Access will be provided to the ICN on a 24 x 7 basis. 0 If ICN access to City facilities is necessary due to a City request or requirement, the ICN shall not be charged an escort fee. 2.5 Due to the urgent nature, trouble calls shall be made to the ICN Service Desk via telephone: 2.5.1 Local (within Des Moines Ding region)"bt 515-725-4400. 2.5.2 Outside Des Moins calling region at 1-800-572-3940. 2.6 Customer Requested Escal 2.6.1 Other ICN inquiries, i cluding but not limited to billi g, account history, status of service installation, and existing sere es in production, are to be Yddressed to ICN Customer Service and Support (CSS) Phone 1-877-4V6-4692. 2.6.2 The ICN shall provide fok trouble and inquiry esolution as follows: The ICN shall respond within 1 business day of anCity scalation request ith updates, plans and/or resolutions followed by written or electronic confirm ion of the upd es, plans and/or resolutions within 3 business days. 2.6.3 Other inquiries, as noted in 2. .1 abov ,within 3 business days after receipt of the inquiry by the ICN, the ICN and City shall mutu Ily a ee to a upon the path to the inquiry resolution. 2.7 City and the ICN will conduct periodic rew of problems and develop procedures for outage and problem discussion and service improvement sorts. Examples include but are not limited to: chronic and recurring problems and major outages. 10 AMENDMENT 1 To MASTER AGREEMENT FO SHARED USE PROJECTS 15-034 THIS AMENDMENT is etween the State of Iowa, Iowa Telecommunicati ns and Technology Commission operating the owa Communications Network, (collectively the "ICN" and the City of Iowa City ("Iowa City" or "City"). consideration of the mutual promises herein made ICN and City agree as follows: SECTION 1. PURPOSE OF AMENDMENT. The Parties intend to a nd the Agreement to add Schedule A.1, Scope of Service , Appendix 1, As -Built Drawings. SECTION 2. AMENDMENT AL OWED. Section 3.2 of the Agree ent provides for this Amendment with mutual written consent of the arties. SECTION 3. EXECUTION. In w ness whereof in full consid ation of the mutual covenants set forth above for other good and valuable c nsideration the receipt, a quacy and legal sufficiency of which are hereby acknowledged, the Parties ha a entered into the ab We Amendment and have caused their duly authorized representatives to execute his Amendment. All revious terms and conditions shall remain in full force and effect with the exception f previously menti ed modifications in this document. CITY OF IOWA CITY By: Title: IOWA COMMUNICATIONS N By: Title: 1 Date: Schedule A.1 Scope of Services PROJECT DESCRIPTION: The ICN and Iowa City have agreed to an exchange of facilities to accommodate their projects: • Iowa City will prorrkfibersndhole/conduit access along Highway 1/North Dodge in order to cross Interstate 80 to nNorthgate Drive in Iowa City for the IYN to install a fiber optic cable. • ICN will provide d along 1-80 from Highway 1 /North odge to 1 st Ave. IOWA CITY PROVIDED SgGMENT: Conduit and Handholes — SeqfAttached Overview Map Appendix 1 1. City has existing 2" nduit per the attached drawing alon Iowa Highway 1/N Dodge St, Iowa City between the SE orner of Highway 1 and 1-80 (ICN/ OT HH (splice LS216) to handhole CIC - 179) going north alon Highway 1 through multiple han ole ending at handhole CIC -278 north of Northgate Drive on Hi way 1/N. Dodge. Approximat Distance — 3600' 2. City will allow the ICN t install anew 48 fiber strap , single mode cable within the existing 2" conduit through the han hole system. ICN will be lowed to leave maintenance/splice coils in the handholes and have Pccess to these for main nance, splicing and future access. 3. CITY RESPONSIBILITIE The Cit/Master aintain, and locate the conduit/handhole system. 3.1 Non -Recurring Fib r Fee: 3.2 Annual Maintenan Fee: 3.3 Non -Recurring Inst lation 3.4 Collocation Require : N/A 3.5 Locate Responsibilit : City 3.6 Maintenance Respon ibilit 3.7 Relocation Responsib ity: nduit/handhole system in coordination with ICN. 3.8 Term: Coterminous 'th treement 4. ICN RESPONSIBILITIES. The I N will own and maintain the new 48 fiber cable and will locate this cable within the conduit sy Cable installation will be at ICN's expense. 4.1 Non -Recurring Fiber ee: /A 4.2 Annual Maintenanc Fee: /A 4.3 Non -Recurring Ins Ilation harges: N/A 4.4 Collocation Requ' ed: N/A 4.5 Locate Res ' ility: ICN fo the new cable only. 4.6 Maintenance sponsibility: I for the cable only. 4.7 Relocation R ponsibility: ICN r the ICN cable only in coordination with City for the conduit/han ole system. 4.8 Term: Co rminous with the Ma er Agreement ICN PROVIDED SEG 1. ICN owns fiber strands within an existing 6 fiber cable along 1-80 between ICN Splice CS1002E-2 alyll st Ave and LS216 at Dodge St. a 12 fibers, the slate tube (fibers 49-60) will be allocated to Oe City approximately 19,000'. 1.1 N n -Recurring Fiber Fee: N/A 1.2 nual Maintenance Fee: N/A 1.3 on -Recurring Installation Charges: City will pro - e a tie cable at City's expense for the ICN to splice fibers at ICN's expense to tie in the new fibers at the existing ICN splice points: I 1.3.1 Splice LS216 at N. Doge and 1-80: 12 fibers 1.3.2 Splice CS1002E-2 at 1 Ave and 1-80:12 fibers 1.3.3 Splice CS1002E-3 at N. Dubuque St. and 1-80: 24 fibers 1.4 Collocation Required: N/A 1.5 Locate Responsibility: ICN 1.6 Maintenance Responsibility: ICN 1.7 Emergency Restoration: ICN. Emergency restoration costs will be allocated as a proportionate share of the fibers assigned to eachaparty within the 96 fiber cable, unless reimbursed by a third party. l 1.8 Relocation sponsibility: ICN. Relocations coso will be allocated as a proportionate share oft fibers assigned to each party within he 96 fiber cable. 1.9 Term: Voterminous with the Master Agreeme t IOWA CITY PROPERT . Services, ICN shall not, otherwise tamper with an. party other than the City perform maintenance or explained in Exhibits A & Except as provided in the In id shall not permit others, to City property without the wr or a contractor under the c plicing on the Fiber. Spl 3 ttached to the Master Agr i n of City Equipment section of this Scope of nge, disconnect, remove, attempt to repair or ;onsent of the City. The Parties agree that no supervision of the City shall be permitted to and Maintenance information is more fully If CITY or a CITY authoriz contract/Fiber. ble o facilitate ICN's ability to restore its fiber within 6 hours, CITY will grant the CN reasocc s to the City Property to enable ICN and/or ICN authorized contractors to rest a the ints rvice. ICN PROPERTY. Except as ovidedInstallation of City Equipment section of this Scope of Services, City shall not, and sha not peers, to rearrange, disconnect, remove, attempt to repair or otherwise tamper with any ICN p perty the written consent of the ICN. The Parties agree that no party other than the ICN or a co tractr the direct supervision of the ICN shall be permitted to perform maintenance or splicing n tr. Splicing and Maintenance information is more fully explained in Exhibits A & B attache o ter Agreement. COMPENSATION. No fees will be enged between the Parties for use of the conduit, installation of cable and initial splicing of the cable TERM. The Term of this Amendrr}6nt shakbe coterminous with Master Agreement 15-034. •-• �CIC-278 y ".. CIC -2771 < CIC -276 >10111 CIr -27 j N. fJ JNU s r !Fj t t 5 CIC -272 CIC -271 ... 411 • CIC -179° 0 19N/DOT HH 4 m 1.4 Collocation Required: N/A 1.5 locate Responsibility: ICN 1.6 Maintenance Responsibility: ICN 1.7 Emergency Restoratio : ICN. Emergency restoration costs will be allocated as a proportionate share of t e fibers assigned to each party within the 96 fiber cable, unless reimbursed by a third pa y. 1.8 Relo ation Responsibility. ICN. Relocations costs will be allocated a proportionate share�f the fibers assigne to each party within the 96 fiber cable 1.9 Term: Coterminous with I)\ e Master Agreement IOWA CITY PROPERTY.'f xcept as provided Services, ICN shall not, anO shall not permit c otherwise tamper with any City property witho party other than the City orcontractor un( perform maintenance or spli6ing on the Fi explained in Exhibits A & B attached to the M� If CITY or a CITY authorized contractor is hours, CITY will grant the ICN re lWe authorized contractors to restore the ikitefruDt( the Installation ity Equipment section of this Scope of Drs, to rearra e, disconnect, remove, attempt to repair or the written consent of the City. The Parties agree that no the direct supervision of the City shall be permitted to �. S)�ficing and Maintenance information is more fully facilitate ICN's ability to restore its fiber within 6 to the City Property to enable ICN and/or ICN ICN PROPERTY. Except as provided ina Instal tion of City Equipment section of this Scope of Services, City shall not, and shall not per others, toearrange, disconnect, remove, attempt to repair or otherwise tamper with any IC roperty hout the wri ten consent of the ICN. The Parties agree that no party other than the ICN or contractor under the direct supervision of the ICN shall be permitted to perform maintenance or plicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A attached to the Master Agreement. COMPENSATION. o fees will be exchanged between the Parties for use of the conduit, installation of cable and initial splicing of the cable. TERM. The TXrm of this Amendment shall be coterminous with Master Agreement 15-034. ICN to pr( m ..v 0 z 5 _r VIII p°� 06-02-15 CITY OF IOWA CITY 3d(11) M E M 0 RA N D U M Date: May 26, 2015 To: Mr. Tom Markus, City Manager From: Chief Sam Hargadine 4r Re: Edward Byrne Memorial Justice Grant Notification Introduction The Iowa City Police Department in partnership with the Johnson County Sheriff's Office is making application for the 2015 Edward Byrne Memorial Justice Grant administered by the Bureau of Justice Assistance, U.S. Department of Justice. History/Background The Departments were notified that they are eligible to apply for $25,029.00. It has been agreed that the Iowa City Police Department will take responsibility for application and management of this grant. In return, Iowa City will receive 52% of the funds ($13,015.00) and Johnson County will receive 48% ($12,014.00). This is similar to past years that the grant has been awarded. Discussion of Solutions The Iowa City Police Department would like to allocate the $13,015.00 towards the development of a program that would educate and train officers, interested vulnerable persons that wander, and interested loved ones of vulnerable persons that wander with strategies to reduce the chances of wandering and/or utilization of a GPS or other tracking device that can send electronic alerts about a missing persons location. According to the Alzheimer's Association, anyone suffering from memory problems is at risk for wandering, even those in the early stages of dementia. Six in ten people with dementia will wander, and as the disease progresses, a person can become disoriented for longer periods of time. According to the National Autism Association, it's estimated that one out every 68 individuals has an Autism Spectrum Disorder (ASD), and according to a 2012 study in Pediatrics, 49% of children with ASD have a tendency to wander. Offering training, education, and electronic tracking alerts regarding a missing person's location provides an opportunity to reduce risk and leads to timely recoveries of a vulnerable person that has wandered. Financial Impact There are no matching funds needed to qualify for this grant. Recommendation In accordance with the Justice Assistance Grant application, the application will be on file for review no less than 30 days. This memo serves to notify the City Manager and City Council of the opportunity to review the application of these funds and provide an opportunity for public comment. The recommendation is to apply for this grant. p4, Prepared by: Doug Hart, Cpt. Police Dept., 410 E. Washington St., Iowa City, IA 319-356-5272 RESOLUTION NO. -15-182 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS WHEREAS, the Iowa City Police Department, in partnership with the Johnson County Sheriffs Office, is making application for the 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) program administered by the U.S. Department of Justice; and WHEREAS, the Departments were notified by the federal government that they were eligible for a total of $25,029.00; and WHEREAS, in accordance with past practice and the application process, the parties have agreed that the City of Iowa City will receive 52% ($13,015) and Johnson County will receive 48% ($12,014), and Iowa City will take responsibility for making the application and managing this grant under the terms of the interlocal agreement; and WHEREAS, the agencies wish to memorialize this agreement in an interlocal agreement between the City of Iowa City and Johnson County outlining the amount of the grant to be awarded each department and each entities' rights and responsibilities under said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest an interlocal agreement for cooperation between the City of Iowa City and Johnson County, Iowa attached hereto and incorporated by reference herein. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution along with the original Agreement and shall forward one original of same to the Johnson County Sheriffs Office. Passed and approved this 2nd day of June '2015. MAYOR �` ATTEST: � I�Gu�Gav' yCZ-LL�� Approved tCITY CLERK City Attorney's Office Resolution No. ]Page 2 15-182 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Botchway % Dickens x Dobyns X Hayek x Mims x Payne X Throgmorton INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND COUNTY OF JOHNSON, IOWA 2015 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 2nd day of June , 2015, by and between The COUNTY of Johnson, acting by and through its governing body, the Board of Supervisors, hereinafter referred to as COUNTY, and the CITY of Iowa City, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Johnson County, State of Iowa, witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY agrees to provide the COUNTY $12,014.00 from the JAG award for use as described in the grant application; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to allocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of $12,014.00 of JAG funds, assuming the maximum amount of $25,029.00 is awarded after submission of the application. Whatever the award, the City will pay COUNTY 48% of the award and CITY will retain 52% of the award. Section 2. COUNTY agrees to use $12,014.00 for use as outlined in the grant application. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Iowa Tort Claims Act. P Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Section 5. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF IOWA CITY IOWA Mayor, Matthew J. Hayek ATTEST: la sell-tV',i /(--� - 7e;e 41 City erk Approved as to form: City Attorney COUNTY OF JOHNSON, IOWA Chairperson, T3owd of Sao6ervisors ATTEST: County ALjWor D KA Approved as to fqK Coun y ttorney 3d(13) Prepared by: Josh Slattery, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 15-183 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER AND SANITARY SEWER PUBLIC IMPROVEMENTS FOR WALDEN WOOD PART 10, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer and storm sewer improvements for Walden Wood Part 10, as constructed by Carter and Associates, Inc. of Coralville, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and 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 and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 2nd day of June , 201_. �i u: RISE Approved by ATTEST: j4a4jt AW41� CITY CLERK City Attorney's Office !021/0' It was moved by Payne and seconded by Botchway_ the Resolution be adopted, and upon roll call there were: AYES: pweng\masters\acpt-improvements doc NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton �1111ib N �mo�,1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT May 27, 2015 Honorable Mayor and City Council Iowa City, Iowa Re: Walden Wood Part 10 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and storm sewer improvements for Walden -Wood Part 10 have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer and storm sewer improvements constructed by Carter and Associates, Inc. of Coralville, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, r son Havel, P.E. City Engineer Planning and Zoning Commission May 21, 2015 — Formal Meeting Page 23 of 25 Theobald said that perhaps one-time events should be allowed, there being a permit process for a one-time event but not nightly. Fruin said the reason Staff liked the special exemption process was because it allows the Board of Adjustment to have this very conversation and say for each situation whether the amplified sound was appropriate or not. Eastham withdrew his motion, Theobald withdrew the second. Eastham moved that the Commission defer the consideration of the code amendment to Title 14, Zoning to add a definition for "rooftop service areas" and establish standards for such uses until the next meeting. Hench seconded. A vote was taken and the motion carried 7-0. Eastham left the meeting room. VACATION ITEM (VAC15-00001): Discussion of an application by the City of Iowa City for a vacation of the western 160 feet of alley right of way in the block bounded by College Street, Gilbert Street, Washington Street and Van Buren Street (Block 43, City of Iowa City). Miklo stated that Staff is recommending approval of this vacation and would be happy to answer any questions. Freerks opened the public hearing. Hearing none, Freerks closed the public hearing. Hench moved to approve VACII"0001 an application by the City of Iowa City for a vacation of the western 160 feet of alley right of way in the block bounded by College Street, Gilbert Street, Washington Street and Van Buren Street (Block 43, City of Iowa City). Martin seconded the motion. A vote was taken and the motion carried 6-0 (Eastham was not present for the vote). Eastham rejoined the meeting. COUNTY ITEM (CZ15-00001): Discussion of an application submitted by Nicholas & Kay Colangelo for rezoning of 28.04 acres located at 3022 Newport Road NE. from A -Agricultural to R -Residential and Planning and Zoning Commission May 21, 2015 — Formal Meeting Page 24 of 25 R3 -Residential. Miklo stated this is on the agenda because it is within two miles of the Iowa City city limits. There is a fringe area agreement with the County that allows the City to make recommendations to the County on zonings within the two mile limit. The agreement with the County has standards on how to treat these rezoning's. This particular property is in Fringe Area A, which is the North Corridor area and that is the area identified in the County Land Use Plan for residential growth where appropriate. It is an area where the City's Fringe Area Agreement defers to the County's land use plan in terms of what is appropriate zoning. If this is approved, this land that is currently zoned agricultural would be allowed to be subdivided into smaller residential parcels. One of the parcels would contain the existing home, the reminder 24.6 acres could be subdivided into smaller parcels. Much of the property is woodland and there are some sensitive areas and it is not highly suitable for agricultural purposes. Staff is recommending approval of CZ15-00001 based on the Fringe Area Agreement with the County. Freerks asked if by "approval" it meant sending a letter to the County. Miklo answered yes, the Commission will make a recommendation to the City Council who will then send a letter to the County Planning and Zoning Commission with our recommendation. The County is under no obligation to follow that recommendation but if there is a future subdivision the City would have to approve or deny that subdivision. Eastham asked about the location of the site, if it was well outside the City limits. Mlklo confirmed it was and also it was not in an area the City anticipates annexing. Freerks opened the public discussion. Glen Misner (MMS Consultants) is representing the applicants. He can answer any questions, but the main intent for the Colangelo's is to split their farm house off which they have intentions of selling someday, and want to maintain ownership of the rest of the parcel, but have no intentions of developing at this time. Therefore the County said to rezone the land at the time of the split. Freerks closed the public discussion. Eastham moved to approve sending a letter to the Johnson County Planning and Zoning Commission to recommend approval of the rezoning of 28.04 acres located at 3022 Newport Road NE. from A -Agricultural to R -Residential and R3 -Residential. Theobald seconded the motion. Freerks agreed that this request conforms to the Johnson County Land Use Plan. A vote was taken and the motion carried 7-0. CONSIDERATION OF MEETING MINUTES, MAY 7 2016: PUBLIC MEETING NOTICE FY15 Annual Action Plan Amendment #1 The City Council will hold a public meeting, accept comments and consider approval of Iowa City's FY15 Annual Action Plan Amendment #1 on June 2, 2015. The meeting will be held at City Hall, Emma Harvat Hall, 410 East Washington Street at 7:00 p.m. The Annual Action Plan is a portion of Iowa City's 2016-2020 Consolidated Plan (a.k.a. CITY STEPS). The Annual Action Plan includes information on the proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for housing, jobs, and services for low -moderate income persons. The FY15 Annual Action Plan outlines proposed activities and their budgets. The FY15 Plan Amendment #1 proposes to use $111,954 in HOME funds for two housing projects by The Housing Fellowship and Habitat For Humanity. The FY15 Plan contained a project by United Action For Youth that was allocated $25,000 in CDBG funds and a project by The Housing Fellowship allocated $200,000 in HOME funds. Both projects were unable to proceed and the funds will be allocated to other FY15 & FY16 eligible activities. Copies of the FY15 Annual Action Plan Amendment #1 are available from the Neighborhood and Development Services Department, 410 East Washington Street; the Iowa City Public Library, 123 S. Linn Street; or on Iowa City's web site (www.icgov.orq/actionplan). Additional information is available by calling 356- 5230. Comments may be submitted in writing to the Neighborhood and Development Services Department at the address above or by email to Kristopher-Ackerson@iowa-city.org. If you require special accommodations or language translation please contact Tracy Hightshoe at 356-5230 or 356-5493 TTY at least seven (7) days prior to the meeting. C:\Users\jvoparil\NppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3R4VESQD\Public Meeting Notice.doc Publish May 1, 2015 PUBLIC COMMENT PERIOD ON FY15 ANNUAL ACTION PLAN AMENDMENT #1 This notice is a correction to the legal publication in the Press Citizen on April 18 titled, "Public Hearing Notice FY15 Annual Action Plan Amendment #1." The public meeting notice for this item will be published at a later date. The FY15 Annual Action Plan is a portion of Iowa City's 2011-2015 Consolidated Plan (a.k.a. CITY STEPS). The Annual Action Plan includes information on the proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for housing, jobs, and services for low -moderate income persons. The FY15 Annual Action Plan outlines proposed activities and their budgets. The FY15 Plan Amendment #1 proposes to use $111,954 in HOME funds for two housing projects by The Housing Fellowship and Habitat for Humanity. The FY15 Plan contains a project by United Action For Youth that was allocated $25,000 in CDBG funds and a project by The Housing Fellowship allocated $200,000 in HOME funds. Both projects were unable to proceed and funds will be allocated to other eligible activities. Copies of the FY15 Annual Action Plan Amendment #1 are available at the Neighborhood and Development Services Department, 410 East Washington Street; the Iowa City Public Library, 123 S. Linn Street; or on Iowa City's web site (www.icgov.org/actionplan). Additional information is available by calling 356-5230. The 30 -day public comment period regarding this Annual Action Plan amendment starts with the publication of this notice and ends on June 2, 2015. Comments may be submitted in writing to the Neighborhood and Development Services Department at the address above or by email to Kristopher-Ackerson@iowa-city.org. If you require special accommodations or language translation please contact Tracy Hightshoe at 356-5230 or 356-5493 TTY at least seven (7) days prior to the meeting. PUBLIC COMMENT PERIOD FY16 Annual Action Plan The City of Iowa City is soliciting public comments on the proposed Federal Fiscal Year 2015 (City FY16) Annual Action Plan. The Annual Action Plan is a portion of Iowa City's 2016-2020 Consolidated Plan (a.k.a. CITY STEPS). The FY16 Annual Action Plan will include information on the proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds for housing, jobs and services for low -moderate income persons. The FY16 Annual Action Plan will outline proposed activities, project locations, budgets and the scope of activities being funded. Copies of the FY16 Annual Action Plan are available from Neighborhood Services, City Hall, 410 East Washington Street, Iowa City, 52240; Iowa City Public Library, 123 South Linn Street; and online at www.icgov.org/actionplan. Written comments may be submitted to Neighborhood Services at the address above. A 30 -day public comment period will begin with the publication of this notice and end on May 5, 2015. Housing and Community Development Commission April 16, 2015 Page 2 of 5 inclusionary zoning. Byler asked if that was a committee of staff and Hightshoe said it was not. The members are community members including Maryann Dennis of The Housing Fellowship, Tracey Achenbach of Housing Trust Fund, Scott McDonald, Brad Langworth of Hills Bank, Glen Siders formally of Southgate, Chad Kuhn. City staff on the committee includes John Yapp, Doug Boothroy, and Sarah Moeller. Hightshoe said this committee will review the options and then will make recommendations. At that time the HCDC will get involved. REVIEW AND CONSIDER RECOMMENDATION TO CITY COUNCIL ON APPROVAL OF FY16 ANNUAL ACTION PLAN: Ackerson noted that the two agenda times (5 & 6) are related. The Housing Fellowship was awarded $200,000 for a project in FY15 and they were unable to get that project off the ground so the money was returned and those funds were added to the larger pot of money that the HCDC allocated in March. However, because that was FY15 money, it needs to be committed by July and so staff is proposing to amend the FY16 action plan to move up two projects that could be done immediately. Those two projects are the Housing Fellowship's Rehab project and Habitat's two properties on Prairie Du Chien Road. Therefore the Commission will need to approve the FY16 Annual Action Plan without those two projects. Those two projects will be moved to a FY15 Plan amendment. Jacobson asked if Staff has spoken with the two groups regarding the projects timelines. Both projects can be 'committed" by the end of July. Hightshoe confirmed they have spoken and confirmed these projects can start immediately and are able to meet HOME's definition of project commitment. Jacobson moved to amend the FY16 Annual Action Plan to remove the Habitat property purchases and Housing Fellowship Rehab projects. Taylor seconded the motion. A vote was taken and the motion canted 6.0. REVIEW AND CONSIDER RECOMMENDATION TO CITY COUNCIL ON APPROVAL OF FYI J ANNUAL ACTION PLAN - AMENDMENT 1: Oyer moved to amend the FY15 Annual Action Plan to move the Habitat for Humanity property purchases and Housing Fellowship Rehab projects Into the action plan. Persson seconded the motion. A vote was taken and the motion carried 6.0. REVIEW AND CONSIDER RECOMMENDATION TO CITY COUNCIL ON APPROVAL OE THE FY2016-2020 CITY STEPS (CONSOLIDATED PlANI AMENOMENTA" Ackerson said this request comes from the City Manager to amend the Consolidated Plan to allow for use of the funds for curb ramps in the downtown area. Taylor moved to approve the amendment to the FY2016-2020 CITY STEPS (Consolidated Plan) to allow funds to be used for curb ramps in the downtown area. 3d(14) Prepared by: Kris Ackerson, Comm. Dev. Planner, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. 15-184 RESOLUTION ADOPTING IOWA CITY'S FY15 ANNUAL ACTION PLAN AMENDMENT #1, WHICH IS A SUB -PART OF IOWA CITY'S 2016-2020 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission (HCDC) made a recommendation to amend the FY15 Annual Action Plan at its meeting on April 16 to allocate HOME funds to two housing projects; and WHEREAS, according to CITY STEPS, this is considered a substantial change to the FY15 Annual Action Plan and requires City Council approval; and WHEREAS, the City has disseminated information for public input at the June 2, 2015 City Council meeting on the proposed Amendment #1; and WHEREAS, the FY15 Annual Action Plan Amendment #1 contains the allocation of HOME funds attached hereto as Exhibit A; and WHEREAS, adoption of the Amended FY15 Annual Action Plan is required by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended FY15 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City's Amendment #1 to the FY15 Annual Action Plan, copies of which are filed in the Neighborhood and Development Services Department, are hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the applicable documentation for the City of Iowa City's Amended FY15 Annual Action Plan to the U.S. Department of Housing and Urban Development to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. Passed and approved this 2nd day of June 2015. ATTEST: Ae • CITY RK it 91 - Approved by City Attorney's Office Resolution leo. 15-184 ]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 x Throgmorton EXHIBIT A Substantial Amendment #1 FY15 Annual Action Plan Amendment: City of Iowa City staff proposes amending the FY15 Annual Action Plan to add two HOME eligible projects. Two FY15 projects were unable to proceed. United Action for Youth voluntarily terminated their $25,000 CDBG agreement for facility rehabilitation as they plan to move to another facility. The Housing Fellowship declined the $200,000 HOME award as they were unable to secure a site for a Low Income Housing Tax Credit application. No funds were drawn for either project. The CDBG funds will be allocated to other CDBG eligible projects. The Housing and Community Development Commission (HCDC) considered new projects for the allocation of HOME funds. Housing applicants applied for funds at the same time the City was accepting applications for the City's FY16 CDBG/HOME funds. Applications were due on January 16, 2015. Two HOME projects were selected that could proceed immediately to be included in this amendment. The Housing Fellowship proposes to rehabilitate two of their existing rental units. Habitat for Humanity proposes to acquire and construct two homes for affordable homeownership. The City Council will consider this recommendation following a 30 -day public comment period and an amendment will be submitted to the U.S. Department of Housing and Urban Development (HUD) subject to City Council approval. Jurisdiction: City of Iowa City, Iowa Contact Person Jurisdiction Web Address: Tracy Hightshoe http://www.icgov.org/actionplan Neighborhood Services Coordinator 410 E. Washington Street Iowa City, IA 52240 319.356.5244 Tracy- ihtshoe Iowa -cit .or C:\Users\sdulek\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\UHPVW8HN\Amendment 1 description (2).dc Applicant's Name: Iowa Valley Habitat for Humanity Priority Need: Low — Production of new owner units Project Title: Habitat Single Family In -Fill Ownership Project Description: Funds will be used to purchase two lots to construct single family homes for homebuyers at or below 60% AMI. Local Objective: Increase the availability of affordable owner housing. Location: 1603 and 1605 Prairie du Chien Road, Iowa City Objective Number Project ID See above 59.30 HUD Matrix Code CDBG Citation 12 Type of Recipient CDBG National Objective Subreci ient Private Start Date Completion Date June 2, 2015 March 30, 2017 Performance Indicator Annual Units Housing Units (2) 2 Local ID Units Upon Completion 2015.30 2 The primary purpose of the project is to help: ❑the Homeless ❑Persons with HIV/AIDS ❑Persons with Disabilities ❑Public Housing Needs Funding Sources: CDBG HOME Private Funds Total: ............................................................... $0 .............................................................. $61,956 ............................................................... $218,044 $280,000 C:\Users\sdulek\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\UHPVW8HNWmendment 1 description (2).dc& Applicant's Name: The Housing Fellowship Priority Need: High — Rehab of existing rental units Project Title: Rental Rehabilitation Project Description: Project will preserve two existing affordable rental housing Type of Recipient properties owned by a Community Housing Development CHDO Organization. Includes windows, kitchen and bath remodels, Start Date flooring, and HVAC. Local Objective: Rehabilitation activities to preserve and maintain the City's Performance Indicator affordable rental housing stock for non -student renters under Housing Units (2) 60% of MFI. Location: 621 Keokuk Court and 446 Hawaii Court, Iowa City Objective Number Project ID See above 59.31 HUD Matrix Code CDBG Citation 14A Type of Recipient CDBG National Objective CHDO Start Date Completion Date 6/2/2015 6/30/2016 Performance Indicator Annual Units Housing Units (2) 2 Local ID Units Upon Completion 2015.31 2 The primary purpose of the project is to help: ❑the Homeless ❑Persons with HIV/AIDS ❑Persons with Disabilities ❑Public Housing Needs Funding Sources: CDBG HOME Private Funds Total. ............................................................... $0 ............................................................... $49,998 ............................................................... $0 ............................................................... $49,998 C:\Users\sdulekWppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\UHPVW8HNWmendment 1 description (2).d4 06-02-15 CITY OF IOWA CITY 3e(3) MEMORANDUM Date: May 26, 2015 To: Tom Markus, City Manager From: Michael Moran, Director of Parks and Recreation Re: Consider a resolution setting a public hearing on June 16, 2015 on Plans, specifications, form of contract and estimate of cost for the Willow Creek/Kiwanis Park renovation project. Introduction: This project will allow for park improvements to Willow Creek and Kiwanis Parks. Creek bank restoration, trail improvements, an additional restroom and a youth baseball backstop are the priorities set to improve these parks. History/Background: The City of Iowa City contracted with HBK Engineering to prepare a comprehensive Park Master Plan for Willow Creek and Kiwanis Parks. They were asked to create a master plan directing staff, Commission and the public for future development, redevelopment and enhancements of the park system to include open space, trails, facilities, programs and services. Discussion of Solution: Parks and Recreation Staff met with the Willow Creek/Kiwanis Park neighborhood to discuss their concerns and priorities for the improvements of these parks. It was determined that the improvement priorities will include creek bank restoration, trail improvements, an additional restroom and a youth baseball backstop. Financial Impact: The additional costs for this project will be ongoing maintenance expense for the city's Parks and Recreation Department. The estimated cost for this project is $350.000. The funds for this project are available in CIP Project #4322. Recommendation: Approve the public hearing and begin the process of constructing improvements to these parks. Prepared by Michael Moran, 220 S. Gilbert St., Iowa City, IA 52240, (319)356-5100 RESOLUTION NO. 15-185 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 16, 2015 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE WILLOW CREEK/KIWANIS PARK RENOVATION 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 C.I.P. account #4322. 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 16th 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 2nd day of June 120 15 ATTEST: -e- � CITY -CLERK Appr ved by F City Attorney's Office Resolution leo. 15-185 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 r a'F1 r— CITY OF IOWA CITY 3e(4) Ir .� ON MEMORANDUM Date: May 27, 2015 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: Phoenix Children's Academy Lease — June 2, 2015 City Council Meeting Introduction: At the June 2, 2015 City Council meeting, a public hearing will be set for the June 16, 2015 City Council meeting where consideration will be given to a resolution approving a proposed lease agreement between the City of Iowa City and Phoenix Children's Academy for space at the Court Street Transportation Center. History/background: The Court Street Transportation Center has had Apple Tree Daycare as a tenant since opening in 2004. On November 12, 2013, City Council approved assignment of a lease at the Court Street Transportation Center from Bradford Child Care Services to Phoenix Children's Academy, Inc. Since the switch in ownership, Phoenix Children's Academy, Inc. has expressed a desire to extend the lease and remain at this location. Discussion of Solution: The Transportation Services Department, with guidance from the Legal Department, has negotiated a five-year lease with Phoenix Children's Academy, Inc. for the space at the Court Street Transportation Center for Apple Tree Daycare. Additional multi- year options are written into the lease which could result in up to a 15 year lease term for Phoenix Children's Academy, Inc. Financial Impact: Monthly rent for the assigned space will begin at $7600.00 per month for the first year of the lease with annual escalations of 3% per year beginning in year two. Prepared by: Chris O'Brien, Director of Transportation Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156 RESOLUTION NO. 15-186 RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 16, 2015, REGARDING THE INTENT TO ENTER INTO A LEASE AGREEMENT WITH PHOENIX CHILDREN'S ACADEMY, INC. FOR LEASE OF COURT STREET TRANSPORTATION CENTER SPACE. WHEREAS, Phoenix Children's Academy Inc. was assigned a lease of approximately 8,083 square feet of ground floor commercial space within the Court Street Transportation Center in 2013; and WHEREAS, Phoenix Children's Academy, Inc., wishes to continue to operate Apple Tree Daycare service from the Court Street Transportation Center; and WHEREAS, Phoenix Children's Academy, Inc. has negotiated with City staff for lease terms including a five year initial term and two multi-year options; and WHEREAS, a lease of this period of time requires the holding of a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City does hereby declare its intent to enter into the above -referenced lease agreement. 2. A public hearing on said proposed lease agreement should be and is hereby set for June 16, 2015 at 7:00 p.m. in Emma Harvat Hall, City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 2nd day of ATTEST: �I CITY CLERK June 2015. Approved by S� City Attorney's Office Resolution No. 15-186 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 -r Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-187 RESOLUTION SETTING PUBLIC HEARING FOR JUNE 16, 2015, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 725 EAST DAVENPORT STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 725 East Davenport Street, Iowa City; and WHEREAS, the City has received an offer to purchase 725 East Davenport Street for the principal sum of $142,000 (the amount the City paid to acquire the home), plus the "carrying costs", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The City Council does hereby declare its intent to convey a single family home located at 725 East Davenport Street, Iowa City, Iowa, also known as part of Lot 1 in Block 16, Iowa City, Iowa, for the sum of $142,000, plus the "carrying costs". 2. A public hearing on said proposal should be and is hereby set for June 16, 2015, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 15-187 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 Passed and approved this 2nd day of June 2015. ATTEST: CITY CLCE'RK Approved by 5jw"�� C - ( - I - City Attorney's Office 5e Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5239 (SUB15- 00008) RESOLUTION NO. 15-188 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WINDMILL HEIGHTS, IOWA CITY, IOWA. WHEREAS, the owner, James A. and Loretta C. Clark, filed with the City Clerk, an application for approval of the preliminary plat of Windmill Heights, 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; and WHEREAS, because the preliminary plat contemplates some off-site stormwater management, the owner and any successor in interest shall obtain easements from any affected property owners prior to issuance of any grading permit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Windmill Heights, 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 2 day of June , 20 15 ATTEST: _ CITY CLERK It was moved by Mims adopted, and upon roll call there were: AYES: ON X slpcdlwindmill heights- resolution.doc I L14 Wks] and seconded by NAYS: Approved by " Z� 0 k City Attorney's Office S- "2_ Botchway ABSENT: the Resolution be Botchway Dickens Dobyns Hayek Mims X Payne Throgmorton ®I 5 III CITY OF IOWA CITY CITY OF IOWA CITY R` \ �� V �� M EMO UNESCO CITY OF LITERATURE Date: May 15, 2015 To: Planning and Zoning Commission From: Sarah Walz, Associate Planner Re: Windmill Heights SUB15-00008 At your May 7th meeting, the Planning and Zoning Commission voted to defer a recommendation on the Windmill Heights subdivision pending a review of stormwater plans (calculations) by the City Engineer. In the interim Engineering Division Staff has met with property owners to the south to discuss drainage issues that are not believed to be related to the stormwater management that would serve this development. The developer is working on easements with property owners of the lots on which easements are being sought. Four of the five property owners have agreed in principle to the stormwater concept being proposed. The City Attorney has made clear that, while signed easements are not required at the preliminary plat stage, letters of general consent to the off-site stormwater detention easement and modifications to the detention area are. As of the drafting of this memo, the City Engineer has not received the necessary stormwater calculations from the applicant. This information should be received no later than May 19 to provide adequate time for review (an modifications if necessary). Staff would recommend deferral of the application until the City Engineer is able to sign off on the validity of the stormwater detention concept. To: Planning & Zoning Commission Item: SUB15-00008 Windmill Heights GENERAL INFORMATION: STAFF REPORT Prepared by: Sarah Walz and Bailee McClellan Date: May 7, 2015 Applicant: Joseph G. Clark 310 E. Burlington Street Iowa City, IA 52240 319-631-1894 gjc1974@msn.com Property Owners: Requested Action: Purpose: Location: Size: Density: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: James A. and Loretta C. Clark 414 E. Market Street Iowa City, IA 52245 319-631-1894 gjc1974@msn.com Preliminary plat approval Development of a 6.94 -acre, 22 -lot residential subdivision Rochester Avenue between Green Mountain Drive and Teton Circle 6.94 acres 3.17 units per acre Vacant, RS -5 North: Vacant, ID -RS South: Residential, RS -5 East: Residential, OPD -5 West: Residential, RS -5 and OPD -5 Northeast Planning District NE2- Pheasant Hill/Lemme March 26, 2015 May 14, 2015 The applicant, Joseph G. Clark, has requested preliminary plat approval for Windmill Heights, a 6.94 -acre, 22 -lot single-family residential subdivision located on Rochester Avenue between Green Mountain Drive and Teton Circle. The proposed subdivision provides an east -west connection between two adjacent neighborhoods via Green Mountain Drive and North Westminster Street. ANALYSIS: Current zoning: The property is zoned Low Density Single -Family Residential (RS -5). The RS -5 zone is intended to provide housing opportunities for individual households. The minimum lot size allowed in the RS -5 zone for detached single-family housing is 8,000 square feet with a minimum lot width of 60 feet. The proposed lots range in size from 8,388 square feet to 14,312 square feet for a lot at the base of the cul-de-sac. The resulting density is just over 3 units per acre. The proposed subdivision is consistent with the standards for the RS -5 zone. Compliance with Comprehensive Plan: The Northeast District Plan shows the subject property in the Pheasant Hill Neighborhood of the Northeast District. The subject property is the only undeveloped area in this neighborhood. The Northeast District Plan indicates that this property is suitable for single-family residential development similar to the development patterns that surround it. Compatibility with neighborhood: Areas to the west, east, and south of the subject property are fully developed with single-family housing. The design of the subdivision and the density of housing are consistent with the existing neighborhood. The area north of Rochester Avenue is undeveloped. Subdivision and street design: Primary access to the proposed subdivision is from Rochester Avenue, an arterial street. Windmill Place, an approximately 310 -foot cul-de-sac, provides the access to all but one of the lots. To ensure street connectivity and efficient routes for emergency and public services, cul-de-sacs are generally discouraged except when it can be demonstrated that environmental constraints, existing development, access limitations, or other unusual features prevent the interconnection of streets in abutting subdivisions. Due to the size and configuration of the property and the existing street pattern of adjacent developed subdivisions, a cul-de-sac is unavoidable for the proposed subdivision. Green Mountain Drive to the west of the subject property and Westminster Street to the east of the property will be extended to connect to Windmill Place and provide accessibility to the surrounding neighborhoods. The preliminary plat shows Lots 2 and 3 along Rochester Boulevard as corner lots with additional area to accommodate a 40 -foot setback from the arterial street. Environmentally Sensitive Areas: There are no known environmentally sensitive areas as defined by the Sensitive Areas Ordinance on the subject property. Traffic implications: The proposed subdivision will have access from Rochester Avenue to the north, from an extension Westminster Street to the east, and from an extension of Green Mountain Drive to the west. Most vehicular traffic will likely rely on Rochester Avenue, which is an arterial street designed to convey traffic moving across the district. Green Mountain Drive and Westminster will both convey traffic to the south to Washington Street, which runs between Scott Boulevard and First Avenue. This will provide convenient vehicular, bike, and pedestrian routes to Lemme Elementary and to City High School. Neighborhood parkland or fees in lieu of: The Neighborhood Open Space Requirements require 6,185.52 square feet of dedicated open space or fees in lieu of for the 6.94 -acre proposed subdivision. Because the proposed subdivision does not set aside land for a neighborhood park, the applicant will be required to pay a fee in lieu of neighborhood open space equivalent to the value of 6,185.52 square feet of property. This requirement will need to be addressed in the legal P=Staff Reports\sub15-00008 staff report.dou 3 papers for the final plat. Such fees may applied to improvements at Pheasant Hill Park. Storm water management: The intent of the proposed stormwater management plan is to store the majority of runoff from the Windmill Estates subdivision on Lots 15 and 16, allowing overflow into an existing stormwater detention basin on adjacent private property to the west. The existing basin is located on (4) private residential lots immediately west of Windmill Heights in the Washington Park 10 and Green Mountain subdivisions. The Washington Park 10 basin is maintained by each lot owner. While the lot owners have not signed easement agreements to allow overflow, the applicant has submitted signed statements from the property owners indicating their agreement to the plan being proposed with this application. The applicant's engineer has reviewed the existing basin designs and believes there is capacity to safely accept overflow. The City engineer has not received calculations in order to verify that there is adequate capacity and a workable design for stormwater overflow. Staff cannot issue a grading permit for the site until Storm Water Easement and Grading Easement documents have been approved and signed by impacted residential lots impacted by lots west of the basin. Due to concerns with ongoing maintenance responsibility for each basin, City review of the Storm Water Easement documents prior to signature and acceptance. The submittal of signed Storm Water and Grading Easement Documents are also required prior to final plat approval. Sanitary Sewer: The applicant proposed to provide sanitary sewer within an existing public easement to the south. The City Engineer and City Attorney's Office are reviewing the easement to verify itssuitability for use for private development. Infrastructure fees: A water main extension fee of $415 per acre will be due at time of final plat approval. STAFF RECOMMENDATION: Staff recommends deferral of SUB15-00008, a preliminary plat of Windmill Heights, a 6.94 -acre, 22 -lot residential subdivision located on Rochester Avenue between Green Mountain Drive and Teton Circle until deficiencies are resolved. Upon resolution of deficiencies, staff recommends approval. DEFICIENCIES DISCREPANCIES: 1. The Engineering Department has not received stormwater management calculations. 2. The City must verify that the easement for sanitary sewer is acceptable. ATTACHMENTS: 1. Location Maps 2. Preliminary Plat 3. Signed letter from neighbors regarding stormwater easement. 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Ro�<m:wgp o cpm o iiia G): -0, xz mo� — imp °- g a N:g � mes ?^=a In9Z D m S'DoRz - Az NZ mzDo o? D'm mm mf "=f�oS�Roo sD _ °rr m f8�w c'ss m o ;Kmm^'mss moa3f -5 I>IR�= m Ao' ogR�'DS� =poop>�'>ms - m ^is '" S o F E`a°�zm- m em"�D o o4 o o $i> eo a �fnsvi�mnesz m c°i00b G>Gs m£u ?$z �mDDg om. R'" mzm Sw= a•i a In ills X g m '� z To: Joe Clark 310 E. Burlington St., # 10 lova City, Iowa 52240 Re Storm water management Subject to our approval of a written easement agreement; we are comfortable with your proposed plan regarding storm water management for your proposed subdivision that only involves modifications to and use of the eastern berm of the Washington Park, Part 10, storm water detention basin and only storm water draining from your storm water detention basin into the Washington park, Part 10' , storm water detention basin in instances of overflow. To: Joe Clark 310 E. Burlington St., #10 Iowa City, Iowa 52240 Re: Storm water management Subject to our approval of a written easement agreement, we are comfortable with your proposed plan regarding storm water management for your proposed subdivision that only involves modifications to and use of the eastern berm of the Washington Park, Part 10, storm water detention basin and only storm water draining from your storm water detention basin into the Washington Park, Part 10 , storm water detention basin in instances of overflow. To: Joe Clark 310'E. Burlington St., #10 Iowa City, Iowa 52240 Re: Storm water management Subject to our approval of a written easement agreement, we are comfortable with your proposed plan regarding storm water management for your proposed subdivision that only involves modifications to and use of the eastern berm of the Washington Paris, Part 10, storm water detention basin and only storm water draining from your storm water detention basin into the Washington Park, Part 10, storm water detention basin in instances of overflow. To: Joe Clark 310 E. Burlington St., #10 Iowa City, Iowa 52240 Re: Storm water management Subject to our approval of a written easement agreement, we are comfortable with your proposed plan regarding storm water management for your proposed subdivision that only involves modifications to and use of the eastern berm of the Washington. Park, Part 1.0, storm water detention basin and only storm water draining from your storm water detention basin into the Washington Park, Part 10 storm water detention basin in instances of overflow. vv i tL/7 (6 VV m `7 From: Michelle Croft <croft.michelle@gmail. com> Sent: Tuesday, May 05, 2015 1:43 PM To: PlanningZoningPublic Cc: Sarah Walz Subject: Windmill Heights Iowa City Planning and Zoning Commission, I received a notice of subdivision for the proposed Windmill Heights development and am writing to express concern with the proposed plans. As some background, I live at 8 Wellesley Way, which abuts the property. Since moving to 8 Wellesley Way in 2012, almost all of the neighborhood green space has been eliminated through the construction of Rochester Ridge as well as construction at 2 Wellesley Way (which was previously a vacant lot with a number of mature trees). I have two primary concerns with the proposed development. The first is that at 22 lots, the development would be a much higher housing density than the neighboring subdivisions. For instance, Rochester Ridge is 55 lots on 23.22 acres (approximately .42 acres per lot), compared to the proposed 22 lots on only 6.84 acres (approximately .31 acres per lot). The second concern is that the property currently has a number of mature trees that boarder the property, and there is no mention of preserving the trees within the plans. I would ask the Iowa City Planning and Zoning Commission to consider limiting the number of lots to make way for more green space within the community as well as require that the developers maintain the current trees that provide a boarder to the property. Thank you, Michelle Croft 8 Wellesley Way croft.michelle(a,gmail.com Planning and Zoning Commission May 21, 2015 — Formal Meeting DRAFT Page 10 of 14 DEVELOPMENT ITEM (SUB15-00008): Discussion of an application submitted by Joseph Clark for a preliminary plat of Windmill Heights, a 22 -lot, 6.94 acre residential subdivision located south of Rochester Avenue, east of Green Mountain Drive and west of Teton Circle. Miklo noted that since the last Planning and Zoning meeting there has been some discussions with the neighbors and City Engineers as well as the applicant for this property. As noted at the last meeting there are concerns, mostly about drainage related to this subdivision, there are apparently some existing drainage issues to the south, the City Engineer is aware of those issues and will look at what can be done to improve that situation. With this new subdivision, according to the City's stormwater management ordinance this subdivision will not be allowed to exasperate the issues and that is why the stormwater management plan was reviewed by the City Engineer. Miklo said the City Engineer is satisfied with the stormwater management plan proposed with this subdivision. That plan does rely on some offsite easements that will need to be acquired from adjacent property owners prior to final plat approval. At this point, Staff is recommending approval of the subdivision. Walz added that there is a condition that the applicant must have the signed easements prior to grading for the subdivision. Freerks opened the public discussion. Joe Clark (350 Green Mountain Drive) is the developer of Windmill Heights and said he is working on obtaining the easements and is confident he will get them all in place over the next couple of weeks. Joe Liu (127 Bowling Green Place) stated he's lived in Iowa City for 43 years and lived on Bowling Green Place for 30 years. Since they moved there, they have had water problems, and the Hodges were here 11 years ago when they did their development. The Hodges plan was to retain the water: use gutters and pipes to get it to go out the other direction, but still when it rains hard the pressure of the water coming to the drain in his backyard lifts the drain off. Additionally he has to make sure he keeps that drain clear at all times otherwise the home south of his get flooded. The water needs to be contained, and building more homes and adding concrete will just add to the issues. Sue Hill (167 Bowling Green Place) said she did have a meeting with the City regarding the water concerns after the last Planning & Zoning meeting and were promised a call from the City Attorney regarding easements and have not received it. Freerks asked if she was given a time frame to expect the call. Hill thought it would be soon. Miklo said the City Engineers are looking at the existing drainage issues but he is not aware that they have any solutions yet. Hetkeon said she was not given a message about the easements or phone calls she needed to make. She noted that the City's position on easements is that they need to be signed before grading can begin and with final plat approval. Tom Hill (167 Bowling Green Place) said his property is to the south of the development and is concerned about the value of his property, they have been at their home for 28 years and their sump pump has never run because they are on the hill. He understands the engineers have calculations but adding 22 houses is lots of rooftops and concrete and very little green space to soak up the water. The lot behind his house has a natural waterway built into it, and the water rushes through that waterway. He is afraid to develop the new subdivision they will make it level Planning and Zoning Commission May 21, 2015 — Formal Meeting Page 11 of 14 with his property and he will get water on his property where he's never had an issue before. Bruce MacKay (143 Bowling Green Place) stated he has had faith in City Staff with the neutrality of the issues with this application, but is concerned that Engineering has said this application is a good plan and it is a plan that will work, whereas code enforcement shows detention basins are an ongoing issues throughout the City. There is an existing basin in the Washington Park Addition to the west of the planned development which has had at least two citations since it's been constructed. It is now currently being cared for but properties change hands as well as the desire to take care of such things. This plan is asking for an immediate retention basin to be built right on the property line which will also rely on the existing basin. MacKay believes this will be a problem. He feels there needs to be more consideration regarding these retention basins, code enforcement says there is a lot of potential for issues there. Freerks closed the public discussion. Eastham asked if the process for the easements was sufficient and Hektoen replied that is all fine at this point, no easements are required at this point. Freerks reiterated that before any construction or grading occurs the easements must be signed. Hektoen confirmed that if the applicant wants any of their stormwater to flow to the west, they will have to have signed easements prior to the grading. Theobald moved to approve SUBIS-00008 a preliminary plat of Windmill Heights, a 22 - lot, 6.94 acre residential subdivision located south of Rochester Avenue, east of Green Mountain Drive and west of Teton Circle subject to the condition that no grading permit is issued prior to the signing of easements. Martin seconded the motion. Martin questioned if the City Engineer has ever worked with developers to encourage using permeable concrete, especially at the top of hills. Miklo replied that the City has not had good experiences with permeable concrete, in the few places it has been used around Iowa City the engineers are saying because of the soil conditions, it clogs and doesn't hold up well over time. The City does require that stormwater be retained on this site and to be released at no greater rate than it is currently being released. Miklo stated at the time of final plat, the construction documents will show the stormwater management plan and have to be approved by the City Engineer. Martin asked what would happen if the water did exceed the current flow rate once the subdivision is built. Hektoen said that is all based on predictions and the stormwater management plan has to be designed to the 100 year flood event. If there is a greater flood event, it won't be designed for that and does not need to be certified for that type of event. The City Engineers are reviewing the plans to make sure the calculations are accurate. Hench asked if the City Engineer has now agreed that the developers engineering plan won't exasperate the water problems in this area. Miklo replied that is correct. Theobald asked about the developers plan to replace the top soil, the State of Iowa is dropping the requirement that there needs to be four inches of top soil in place in new developments. Miklo stated that is not in the City's zoning codes, there are standards for erosion control but it doesn't address top soil, but would look into that and get back to the Commission. Theobald noted this could have implications on how much water could be absorbed. Planning and Zoning Commission May 21, 2015 — Formal Meeting Page 12 of 14 Eastham noted he has heard from the public is the uncertainty of the maintenance of the proposed stormwater detentions basins over time. Eastham asked if we know what percentage of the stormwater will be retained by detention basins to the west of the subdivision and what percentage will be maintained on the subdivision. He also asked if it would be possible to retain all stormwater on this subdivision's property and not use the retention areas to the west. Miklo said he is unable to answer that question, but could ask the City Engineer. He doesn't believe under the current design it can all be retained on the subdivision property, it has to rely on the adjacent subdivision's basins. Hektoen said that at the time of final plat it will be noted who is in charge of maintaining the detention basins and that there is an escrow account set up to pay for the maintenance. If the basins are not maintained the City can come in and issue citations. Eastham asked if the City can require escrowing from the owners of the adjacent properties for the detention basins that are not part of this subdivision. Hektoen said that would have been required at the time that subdivision was platted and approved. Hench asked if the easements are not obtained, the developer will be unable to get the grading permit and then what would happen. Hektoen said the developer would then have to redesign their stormwater management plan, and go through the platting process again to get approval on the new plan. Freerks noted that whenever there is an application that has water issues the good thing that comes about is the City becomes aware of the water issues in the neighborhoods. These type of discussions are encouraging that solutions will come forth. The Commission of course never wants any new development to do further harm, but they can only trust the City Engineers and their approval of the calculations. - - - Eastham noted he is still struggling with the plan of stormwater management and what happens if the management system is not maintained, because of the flooding issues for the homes downstream from this development. Freerks said it would be the homeowner association's responsibility to maintain the systems. Hektoen said the homeowner's association will have easement agreements that give them the rights to go onto the properties to the west of the subdivision to maintain the stormwater basins there if needed. So the new development's homeowner's association is obligated to maintain the stormwater systems on their subdivision as well as the ones within the easements. Miklo confirmed that would all be part of the legal documentation with the final plat approval. A vote was taken and the motion carried 7-0. MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION MAY 7, 2015 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Mike Hensch, Phoebe Martin, Max Parsons, Jodie Theobald MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Sara Hektoen, Karen Howard OTHERS PRESENT: Joe Clark, Jim Langel, Gene Brag, Tom Hill, Kristin Evenson Hirst, Bruce MacKay, Dennis Hunt, Chris Hunt, Sue Hill, Lisa Lloyd. Alex Voss The Commission voted 7-0 to recommend amendments to Title 14, Zoning Code, to establish new height standards and waive the FAR requirement for Hospitals in the CO -1 Zone as noted in the staff report. The meeting was called to order at 7:00 PM. There were none. DEVELOPMENT ITEM (SUB15-00008): Discussion of an application submitted by Joseph Clark for a preliminary plat of Windmill Heights, a 22 -lot, 6.94 acre residential subdivision located south of Rochester Avenue, east of Green Mountain Drive and west of Teton Circle. Miklo began by noting that the front page of the staff report stated the 45 Day Limitation Period in which Commission need to act on an application is May 14, 2015, and that is not correct. At this point Staff still does not have all of the stormwater management calculations or erosion control plans, so it's technically not a complete application so the Commission is not obligated to vote by May 14. Miklo stated that the proposed subdivision is on the south side of Rochester Avenue between Green Mountain Drive and Westminster Street, it contains 6.94 acre and 22 single family lots. The property is zoned RS -5 low density single family, and that zone requires a minimum of 8000 square feet per lot and a minimum of a 60 foot lot width. All of the lots in this application comply with the requirements. In terms of the Comprehensive Plan this property is in Planning and Zoning Commission May 7, 2015 — Formal Meeting Page 2 of 14 the North East District and it identifies this property as appropriate for single family residential. Staff also believes the proposed subdivision is compatible with the neighborhood as single family homes and ties into the existing street network. In the subdivision design the primary access will be from Rochester Avenue onto this cul-de-sac with access also to Green Mountain Drive and Westminster Street and will improve the access for the neighboring subdivisions as well as access for emergency vehicles. In terms of neighborhood open space, there isn't really suitable land available for the creation of a park area so this subdivision will be required to pay fees in lieu of roughly 6000 square feet of open space. Those fees would be paid into the City's funds for parks and recreation and could be used for improvements to the park just to the south of this subdivision. Miklo noted that stormwater management is one of the issues that is not resolved with this subdivision, there are a serious of basins on the eastern side of the subdivision and also on the southwestern side, plus the proposal relies on obtaining easements from adjacent properties where there are existing stormwater facilities. The City has received indications from most of those property owners consenting to allowing those easements, and those easements will need to be in place prior to final plat approval. The City engineers have reviewed the application and have determined that an additional easement will be necessary from lot 166 or lot 225 to the south of this subdivision so that will need some indication that those properties consent to that easement. The engineers feel that from the plans, in concept what is proposed will work, but they do not have all the calculations necessary, or the erosion control plans necessary to sign off on approval at this point. Sanitary sewer will be provided, there is an easement to the south. The only infrastructure fee that applies to this is a $415 fee per acre for water main extension fees. Both that and the fee for neighborhood extension fees will need to be addressed at the time of final plat approval. Miklo asked that Staff is recommending deferral of SUB15-00008 a preliminary plat of Windmill Heights, a 6.94 -acre, 22 -lot residential subdivision located on Rochester Avenue between Green Mountain Drive and Teton Circle until deficiencies (stormwater management plans) are resolved. Upon resolution of deficiencies, staff recommends approval. Eastham asked about the stormwater management proposal and for clarification on five separate stormwater facilities that would handle stormwater runoff from this subdivision that only one would be on the development site and the other four on adjacent properties. Miklo replied that the applicant's engineer is able to answer those questions better. Hektoen said that there is just one basin but it extends over four lots, it is not contained within an outlot, and therefore that is why easements are needed from adjacent property owners. Freerks asked if it were unusual for someone to ask a separate private property owner to manage the stormwater. Miklo agreed that it is not typical, there have been a few cases where an offsite easement has been obtained. It can happen as long as the adjacent property owners consent and the City engineers review the plan and determines that it works, it is allowed by the City ordinance. Hensch asked if the offsite easements have to be executed prior to the Commission approving the application. Miklo said that they needed to be approved before the Council approves the final plat. Hektoen said that typically the easements aren't granted until the final plat is approved and this is just the preliminary plat stage. Because this is an unusual situation Staff has asked the adjacent property owners to provide a letter indicating that they have been consulted and at least conceptually they are on board with the plan. Planning and Zoning Commission May 7, 2015 — Formal Meeting Page 3 of 14 Eastham asked if the Engineering Department has to sign off on the stormwater management proposal before a grading permit would be issued. Hektoen acknowledged that was correct, a grading permit would not be issued until the Engineering Department signed off. Freerks opened public hearing. Joe Clark (359 Green Mountain Drive) spoke as the applicant and developer of Windmill Heights and was there to answer any questions the Commission might have. Eastham asked Clark to explain how the stormwater management plan will work. Clark asked his engineer to answer those questions. Jim Langel (515 Oakland Avenue) engineer for HBK Engineering stated that the reference to five different basins is technically three. He pointed out on the map in the northeast corner there is a small basin there, then in the southwest corner that is where a new basin is and connects to the existing and adjacent subdivision. They would not do any modifications to the existing stormwater detention basin but would connect the two so there would be a minor connection that would be needed. Eastham asked if the existing basins would drain into the new basin or would they continue to drain separately. Langel said they would continue to drain separately but ultimately once the southwest basin was reached, at a certain elevation of overflow conditions it would flow into other basins. He noted when they reviewed the existing calculations for what is Washington Park Addition 10 that had accounted for most of the arbitrary area that was draining to that location. Typically that is standard in engineering design, you must account for anything that drains into your basin and allocate that for detention. That was done in this situation, so they felt it was good to connect the two and utilize the area. Eastham asked who would have responsibility for maintaining the outlets. Langel replied that typically that is the owner or ultimately the homeowners association. Freerks asked whether the property owners in the proposed development will be required to pay for maintenance of the stormwater facility as part of the easement agreement. Langel said that because the easements are not in place yet, those details have not been discussed but that would be part of the official easement. Eastham asked how many outlets will there be to maintain with this plan. Langel replied that ultimately there would be three, the same number of basins, the two for the existing site and then also the existing one in Washington Park that would be its own. Eastham asked for clarification that one of the two on the existing site is the one draining to the north. Langel said that the northeast corner basin will have its own outlet that will need to be maintained by the new development, the one in the southwest corner will have its own outlet that will need to be maintained by Windmill Heights and then they will also continue to utilize the existing basin that is maintained by the other properties. Eastham asked if water from this subdivision was draining into existing basins to the west or are the existing basins to the west draining into the basin on the southwest basin on this new subdivision. Langel explained that all the drainage from the new subdivision will drain into the basins that are there, on an overflow condition at a certain level at the elevation inside the basin would overflow into the existing basin, the basin on the other property. Planning and Zoning Commission May 7, 2015 — Formal Meeting Page 4 of 14 Langel added that from their standpoint they do believe they have submitted all the stormwater calculations that are necessary for engineering design, and have communicated with the City Engineers on a regular basis as they did have some additional clarifications they responded to just today. Freerks thanked Langel for that information, but noted that the City Engineers haven't had time to sign off on that information yet, Miklo confirmed. Clark also stated he had spoken to the four property owners and have signed documents from them and all are ready to move forward depending on what the easements state for the stormwater and they hope those are in place in the next week or two. Gene Brag (45 North Westminster Street) said his property is down from the proposed subdivision area and questioned where all the runoff water would go, would the water stay in the basins or will it runoff into his area. Freerks said that the applicant would come forward again later to answer any questions raised during the public hearing. Brag said that right now all that water from the proposed subdivision area drains right through his backyard and all the backyards along Westminster Street down to Washington Street. It becomes a swamp back there. They cannot afford to have more water running through their backyards, his sump pump has been running since last winter. The water just sits there. He is concerned about more development and where the water will go. He also questions the stormwater and where it will connect into. He mentioned that over in Rochester Heights all that stormwater has been connected and it drains right through Westminster Street, and with any kind of rain their street floods. He reiterated his question is where the water from this new development will end up. Freerks replied that his questions were why the Commission wants to make sure the City Engineers will sign off on these calculations. Brag mentioned he went up to look at the area on Bowling Green Place where it says undisturbed water retention area and the guy that lives there said when they get a big rain he has had to go down and replace the lid to that retention basin. Tom Hill (167 Bowling Green Place) his property is adjacent to the property and is not here to stop the development but there are a lot of questions to be answered. One of his questions was why certain residents didn't receive a letter regarding this application. Miklo clarified that the City sends letters to property owners within 300 feet of the application area. Hill said the City must be aware of the water problem on the west side of Westminster Street down to Washington Street and probably extends all the way down to Court Street. Freerks noted that if the citizens are concerned about water issues, and perhaps the City is not aware, you should call the City Engineers. Hill said the City ought to know, it's been a problem for years. Hill wants to cooperate with the new development, but doesn't want to make the water situation worse for all the residents along Westminster Street and Bowling Green Place. Hill asked for a guarantee that there will not be more water issues in resident's backyards: Hektoen said that the applicant will speak to the specifics to the stormwater runoff but they cannot exasperate the situation, the law will not allow that. Freerks said that the Commission has heard other similar situations and have worked with the City and public to assure the water situations will be better not worse due to the new project. By law they are not required to do that, they are not required to improve someone else's problem, but they can't make it worse. Hill asked what the City's responsibility for this type of situation was. He said there is a water problem in the area and it will get worse with more development, the City needs to understand that. Hill also asked if there was any guarantee that the new development's homeowners association will take care of the water Planning and Zoning Commission May 7, 2015 — Formal Meeting Page 5 of 14 retention area that will be in his backyard. Miklo said that at the time of final plat for the subdivision there will be legal documents specifying the responsibilities for the homeowners association to maintain the stormwater facilities and any other common facilities in the subdivision. If there is an issue and they are not maintaining, the City could be notified and take recourse. Eastham stated that recourse doesn't begin until some private party notices the drain system isn't working and notifies the City. The City doesn't try to inspect all the stormwater management facilities in the community. Kristin Evenson Hirst (135 Bowling Green Place) stated her home is about four lots down from the proposed development. She said that anytime there is a cloud burst they have a temporary lake in their backyard. The water comes through the backyard fairly forcefully and it is a serious problem that seems to have become more severe over the past few years. She noted that she is very concerned about the stormwater management because it doesn't seem adequate currently and what will happen with the addition of all these new homes. Bruce MacKay (143 Bowling Green Place) wanted to share advice and feels that the Commission should look at a topographic map as on the entire west side of Bowling Green Place. When it rains there is a creek that runs through those properties. MacKay also said there was a beehive grate a couple lots up from his and he questions what purpose that serves as far as drainage, what area it serves. Freerks stated these type of questions will be answered when the City Engineers review all the details regarding the stormwater management plan. MacKay asked about the far southwest corner of the new development, and asked for more specifics about what that area would be. Freerks said the developers engineer could respond to that question. Dennis Hunt (159 Bowling Green Place) said he's lived in his home for nine years and the first three years they were there their basement flooded every single year and while they wanted to remodel the basement they had to build a passive drain to work with the sump pump to keep the water out. But now that they have remodeled the basement, he is fearful that his drain system will not be able to handle the additional stormwater runoff that will be created by the new housing development. He feels the whole area needs a new stormwater drainage system. Chris Hunt (159 Bowling Green Place) stated she was very concerned about the proposed stormwater management and that it would go directly through the corner of her backyard. The drains for the new development will go through her backyard and they were told by the developers that they would "try" not to take down any of their trees in installing the drainage system. Hunt said they have a 30 year old evergreen tree that is right in the path to that storm drain and she would be upset to lose that tree. She also is not happy that her backyard would need to be dug up, yes the developer will fill it all back in and make it all pretty, but it is a major disruption in their backyard. And like her husband, she is also very concerned about possible water in her basement. Sue Hill (167 Bowling Green Place) said her property is directly adjacent to this new development and feels she will be affected the most visually from this development. Right now it is open timber back to Rochester Avenue and that will be replaced with houses. She said they bought their lot in 1994 and at that time there was supposed to be one house back there, Jim and Loretta Clark were supposed to build their one house and now there will be 22 houses back Planning and Zoning Commission May 7, 2015 — Formal Meeting Page 6 of 14 there. Hill also noted that the basins or berms that they say the water will be going into, after a big rain two years ago it was so full a neighbor had to dive into the water and clean out the drain so the water could drain. That was a very dangerous situation. Lisa Lloyd (169 South Westminster Street) noted that she also has the creek in her backyard and feels lucky compared to her neighbors because the drain works and they live on a slight slope so they don't have water in their backyard. She did say however that the creek gets very full after a big rain or lots of days of rain, almost five feet of water will be in the creek. She is concerned about how much more water will dump into the creek and how much erosion will happen. Alex Voss (103 Bowling Green Place) stated he has lived at his property since March 2013 and in May 2013 there was a strong rainfall and he lost a tall tree between his and Brag's property. The tree was near a swale and the ground was saturated enough to uproot a 25 -foot tall tree. So he, like others, has concern for the extra water that could be running through their backyards and in the area due to this new development. Langel came forward to answer some of the questions raised from the public hearing. He said with regards to water on Bowling Green Place, south of the development (Oakwoods Addition Part 3) there has been some flooding and swamps in that area. The basin will be designed to not increase the flow from the existing condition, legislation is set up that way, there are rules and laws the developers must follow due to City and State regulations. Regarding the beehives south of the property, the existing basin in Washington Park Part 10, outlets to the south and there is a beehive on the backside of the berm and that beehive takes sheet flow from the grass area and catches that water and outlets it. Where that goes is actually to the south between the two properties (on Green Mountain Drive and Bowling Green Place) to an existing stormwater infrastructure in place and that takes that stormwater further to the south. Langel said the question of what is directly south of the basin in the southwest corner, that is a berm so in order to retain the water they need to create a space or a "bowl" in order to pond that area so they need to create a berm on the backside to create that bowl effect. With regards to trees, they have looked at that and in order to optimize keeping existing trees they have designed the roads where they are, there are a number of woodlands that circle around the outside of the property both on the west, east and south sides and the intention is to retain as many as possible. Regarding the trees that run between the two properties on Oakwood Addition Part 3 and Washington Park Addition 10 he doesn't believe they will impact any of those trees on other people's properties. Eastham asked what if they do impact the trees. Langel said there are other alternatives with the alignment of the piping where they could change direction. It is required that at any intersection there is an additional manhole or structure to change the alignment of the piping so that could be done in order to miss one of the trees. Eastham asked if he was talking about piping on properties to the south, east or west. Langel said he was with regards to the easement, all piping they would add would be within an existing City easement. He pointed out in the southwest corner that is where the outlet for both the stormwater and sanitary easement would be located and would tie into an existing 15 foot easement that is already there. Freerks asked Hektoen to talk a little bit about how these existing easements work as far as if trees are on these easements. Hektoen said she hasn't reviewed the exact language with Planning and Zoning Commission May 7, 2015 —Formal Meeting Page 7 of 14 regard to this particular easement, but generally speaking if you put in any landscaping improvements within an easement area the City has the right to remove them without compensation to the property owners. She also said it is a public easement. Eastham asked whether when a property has trees in the easement area if the property owner has no rights that allows those trees to remain untouched. Hektoen confirmed that was true. Langel also addressed the concerns about overland flow. He said the design of the detention basin is to receive all of the stormwater from the development. The outlet then connect into existing stormwater infrastructure so there would be no increase in overland flow to surrounding areas. This means there should not be any additional water in the backyards of the lots south of the proposed subdivision. With regards to the concerns on Westminster Street further to the south and west of the new development, Lange[ stated that the way the site is laid out, about 85% of the site flows to the southwest. The rest—about 1.65 acres—has a detention basin and will connect into existing stormwater infrastructure. Eastham asked if the infrastructure they are planning to connect to has adequate capacity to carry the maximum runoff of stormwater from these areas. Lange[ confirmed it would handle the runoff. It is designed to match existing conditions; they are not allowed to increase the flow downstream after the design is complete, so since they are not increasing the flow there is no need to increase the infrastructure. Eastham asked if the City was responsible for ensuring that the stormwater piping that is there now is still in good enough shape to be able to carry the additional stormwater it will be carrying due to the new development. Miklo said the City Engineer would review that when the stormwater information was submitted. Langel stated that with regards to the infrastructure further downstream, he does not know exactly what is there. There are certain limits to which they are designed—typically the 10 year storm, and that is a storm that can happen every single year (10% chance). So all infrastructure is typically designed that way except for detention basins. Detention basins are typically designed to the 100 -year storm. . Martin asked Langel to discuss the berm located in the southwest corner and whether it could potentially ease some of the water flow down south. Langel confirmed that the berm should ease the flow. They would not be increasing the flow, but because there is an additional detention basin there, they can better contain the water and slow it down. He said that in Washington Park Addition 10 there is an approximately 10 -foot berm there to retain the water further to the north—that is the four properties that are part of that existing stormwater easement. The new development would need to mimic that type of stormwater easement right next to the existing one. Martin noted that there is legislation that regulates that the developers cannot increase water flow to other properties. How could it be proved that there is more water flow, or less, or no change? Langel answered that was the reason the calculations are developed Martin asked who would be maintaining each stormwater basin. Langel said that in a typical subdivision that is normally handled within the homeowners association and would be outlined in the easement with the neighboring subdivision. Sue Hill asked if the neighbors could see a map of the proposed subdivision and where all the easements are located. Freerks stated that the Commission does have maps that show some of them, so after the meeting Miklo could show those interested. The easements from the from the Planning and Zoning Commission May 7, 2015 — Formal Meeting Page 8 of 14 neighboring subdivisions are on file in City Hall. Miklo said that anyone interested could call City Hall and make an appointment to view the maps. Hektoen said that easements that affect Hill's lot would show on the map for Oakwoods Addition Part 3. Hill also stated that stormwater had been discussed quite a bit, but not much has been discussed regarding sanitary sewer, and where is this new development going to connect to sanitary sewer. Miklo replied that the City Engineers have determined that the sanitary sewer is adequate. Hill asked if they could see where there sewer was going through properties as well on the maps. Miklo said yes, that would be in the easements. Gene Brag questioned again the water retention areas and his impression is that all the water will not stay in those retention areas. He questioned whether water will still go through his backyard. Miklo said the water is detained for a period of time and then released into the underground system to the south. Brag questioned where the pipe ended. Miklo said the City Engineer would be able to address that question. Brag also asked where the sanitary sewer was going on the easement. Miklo showed the area along the property lines on the map where he believed the sewer system would run. It would hook into existing sewer lines. Miklo encouraged Brag and any others interested to set up an appointment with the City Engineer to view the maps. Bruce MacKay stated that his wife is a City employee and has mentioned there is an 8 -inch sanitary sewer that runs down the middle of Bowling Green Place, where the terminuses of that are, he does not know, nor where is the actual physical connection. MacKay stated that 1.65 or so acres, approximately 25% of this property will drain to the southwest, so then where does the rest of the water go, other than what goes to the strip in the northeast? Langel first answered the questions regarding the sanitary sewer, there is in the center of the right -a -way of Bowling Green Place an existing sanitary sewer, one of the final properties in that cul-de-sac directly south of the new development, has the line run to it, turns west, and then stops between the two subdivisions. That is where the connection point would be. Freerks stated that all City sewer lines were intended to connect to one another. Langel stated that regarding the stormwater, the 1.64 acres goes to the northeast and the remaining 5 acres or so drains to the southwest. Tom Hill asked about the park that was mentioned, and if that would be a new park or an existing one. Miklo stated that the closest park is the Pheasant Hill Park. No new park would be created with this development. Hill also questioned where the new street going to Rochester Avenue from the new development would be. Miklo said it would be roughly 300 feet from the street that was added a couple years ago. Hill asked if there were any traffic concerns. Freerks said that with the new development being a cul-de-sac that isn't likely an issue and the traffic engineers will review the plans. Miklo confirmed that the transportation planners did look at the plans and one option was not to connect to Rochester Avenue but to send the traffic onto the other two connecting streets. After review staff felt it was better to have an outlet onto Rochester Avenue, which has sufficient capacity for this new development. Hill noted that the new Teton Circle area has resulted in an increase in traffic going to north through Westminster Street. Lastly Hill asked what the next step would be after this evening's meeting. Freerks said that they would let all interested parties know what the next step will be. Steve Hirst (135 Bowling Green Place) noted that the map being shown this evening was a little Planning and Zoning Commission May 7, 2015 — Formal Meeting Page 9 of 14 misleading because Green Mountain Drive is like a mountain to the houses on Bowling Green Place and that is part of the reason that the houses on Bowling Green Drive get a lot of runoff water in their yards. They are counting on the City Engineers not to make it any worse. Freerks closed public hearing. Eastham moved for deferral of SUB15-00008, a preliminary plat of Windmill Heights, a 6.94 -acre, 22 -lot residential subdivision until the May 21 meeting. Theobald seconded the motion. Eastham stated that the Commission has seen similar situations in the past and requests that the Staff do their best to assure the citizens that the development of this subdivision will not add to stormwater runoff. He understands legislation mandates that it does not, but the citizens need more reassurance. Also the City needs to address if there are existing stormwater problems in this area that will not be addressed just by the stormwater facilities for this new development. Freerks said while the Commission cannot address issues in existing neighborhoods, these discussions alert the City Staff and they can work to address issues. Miklo added that perhaps the neighbors could come to the City offices together and have one meeting with Staff rather than contacting separately. Theobald noted that she would like to have the Staff or developer have more information regarding the maintenance of the stormwater facilities. She finds it troubling to hear that homeowners are cleaning out these facilities. Hektoen said that the City doesn't maintain the stormwater facilities, each subdivision is responsible for that on their own. Freerks noted that some homeowners associations do a better job at maintaining their facilities than others, and only if there is a real issue does the City get involved. Eastham stated that the people that are affected by stormwater runoff by improperly maintained facilities should contact the City. Freerks noted that the number one priority is for the City Engineer to approve the stormwater management calculations so the development can proceed without issue for the developer or the neighboring citizens. As for next steps, Freerks asked that that citizens concerned have their meeting with Staff prior to the next Commission meeting, keep open communications with the developer and this will be an agenda item again at the May 21 meeting. A vote was taken and the motion carried 7-0. CODE AMENDMENT ITEM: Discussion of an amendment to Title 14, Zoning to create an exemption from the floor area ratio limitation and establish new height standards for hospitals located in the Commercial Office Zone (CO -1). Freerks noted that she did receive a phone call from Will Downing who is an architect with a firm that is working on this project. He said they would not be able to attend tonight but wanted to know if she had any questions. Freerks replied to Downing that she did not. . Eastham stated he received a phone call from John Thomas and Thomas expressed some of his MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION MAY 7, 2015 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Mike Hensch, Phoebe Martin, Max Parsons, Jodie Theobald MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Sara Hektoen, Karen Howard OTHERS PRESENT: Joe Clark, Jim Langel, Gene Brag, Tom Hill, Kristin Evenson Hirst, Bruce MacKay, Dennis Hunt, Chris Hunt, Sue Hill, Lisa Lloyd. Alex Voss RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 7-0 to recommend amendments to Title 14, Zoning Code, to establish new height standards and waive the FAR requirement for Hospitals in the CO -1 Zone as noted in the staff report. The meeting was called to order at 7:00 PM. 11111:11 ii INSIC91Z I There were none. DEVELOPMENT ITEM (SUB15-00008): Discussion of an application submitted by Joseph Clark for a preliminary plat of Windmill Heights, a 22 -lot, 6.94 acre residential subdivision located south of Rochester Avenue, east of Green Mountain Drive and west of Teton Circle. Miklo began by noting that the front page of the staff report stated the 45 Day Limitation Period in which Commission need to act on an application is May 14, 2015, and that is not correct. At this point Staff still does not have all of the stormwater management calculations or erosion control plans, so it's technically not a complete application so the Commission is not obligated to vote by May 14. Miklo stated that the proposed subdivision is on the south side of Rochester Avenue between Green Mountain Drive and Westminster Street, it contains 6.94 acre and 22 single family lots. The property is zoned RS -5 low density single family, and that zone requires a minimum of 8000 square feet per lot and a minimum of a 60 foot lot width. All of the lots in this application comply with the requirements. In terms of the Comprehensive Plan this property is in Planning and Zoning Commission May 7, 2015 —Formal Meeting Page 2 of 14 the North East District and it identifies this property as appropriate for single family residential. Staff also believes the proposed subdivision is compatible with the neighborhood as single family homes and ties into the existing street network. In the subdivision design the primary access will be from Rochester Avenue onto this cul-de-sac with access also to Green Mountain Drive and Westminster Street and will improve the access for the neighboring subdivisions as well as access for emergency vehicles. In terms of neighborhood open space, there isn't really suitable land available for the creation of a park area so this subdivision will be required to pay fees in lieu of roughly 6000 square feet of open space. Those fees would be paid into the City's funds for parks and recreation and could be used for improvements to the park just to the south of this subdivision. Miklo noted that stormwater management is one of the issues that is not resolved with this subdivision, there are a serious of basins on the eastern side of the subdivision and also on the southwestern side, plus the proposal relies on obtaining easements from adjacent properties where there are existing stormwater facilities. The City has received indications from most of those property owners consenting to allowing those easements, and those easements will need to be in place prior to final plat approval. The City engineers have reviewed the application and have determined that an additional easement will be necessary from lot 166 or lot 225 to the south of this subdivision so that will need some indication that those properties consent to that easement. The engineers feel that from the plans, in concept what is proposed will work, but they do not have all the calculations necessary, or the erosion control plans necessary to sign off on approval at this point. Sanitary sewer will be provided, there is an easement to the south. The only infrastructure fee that applies to this is a $415 fee per acre for water main extension fees. Both that and the fee for neighborhood extension fees will need to be addressed at the time of final plat approval. Miklo asked that Staff is recommending deferral of SUB15-00008 a preliminary plat of Windmill Heights, a 6.94 -acre, 22 -lot residential subdivision located on Rochester Avenue between Green Mountain Drive and Teton Circle until deficiencies (stormwater management plans) are resolved. Upon resolution of deficiencies, staff recommends approval. Eastham asked about the stormwater management proposal and for clarification on five separate stormwater facilities that would handle stormwater runoff from this subdivision that only one would be on the development site and the other four on adjacent properties. Miklo replied that the applicant's engineer is able to answer those questions better. Hektoen said that there is just one basin but it extends over four lots, it is not contained within an outlot, and therefore that is why easements are needed from adjacent property owners. Freerks asked if it were unusual for someone to ask a separate private property owner to manage the stormwater. Miklo agreed that it is not typical, there have been a few cases where an offsite easement has been obtained. It can happen as long as the adjacent property owners consent and the City engineers review the plan and determines that it works, it is allowed by the City ordinance. Hensch asked if the offsite easements have to be executed prior to the Commission approving the application. Miklo said that they needed to be approved before the Council approves the final plat. Hektoen said that typically the easements aren't granted until the final plat is approved and this is just the preliminary plat stage. Because this is an unusual situation Staff has asked the adjacent property owners to provide a letter indicating that they have been consulted and at least conceptually they are on board with the plan. Planning and Zoning Commission May 7, 2015 — Formal Meeting Page 3 of 14 Eastham asked if the Engineering Department has to sign off on the stormwater management proposal before a grading permit would be issued. Hektoen acknowledged that was correct, a grading permit would not be issued until the Engineering Department signed off. Freerks opened public hearing. Joe Clark (359 Green Mountain Drive) spoke as the applicant and developer of Windmill Heights and was there to answer any questions the Commission might have. Eastham asked Clark to explain how the stormwater management plan will work. Clark asked his engineer to answer those questions. Jim Langel (515 Oakland Avenue) engineer for HBK Engineering stated that the reference to five different basins is technically three. He pointed out on the map in the northeast corner there is a small basin there, then in the southwest corner that is where a new basin is and connects to the existing and adjacent subdivision. They would not do any modifications to the existing stormwater detention basin but would connect the two so there would be a minor connection that would be needed. Eastham asked if the existing basins would drain into the new basin or would they continue to drain separately. Langel said they would continue to drain separately but ultimately once the southwest basin was reached, at a certain elevation of overflow conditions it would flow into other basins. He noted when they reviewed the existing calculations for what is Washington Park Addition 10 that had accounted for most of the arbitrary area that was draining to that location. Typically that is standard in engineering design, you must account for anything that drains into your basin and allocate that for detention. That was done in this situation, so they felt it was good to connect the two and utilize the area. Eastham asked who would have responsibility for maintaining the outlets. Langel replied that typically that is the owner or ultimately the homeowners association. Freerks asked whether the property owners in the proposed development will be required to pay for maintenance of the stormwater facility as part of the easement agreement. Langel said that because the easements are not in place yet, those details have not been discussed but that would be part of the official easement. Eastham asked how many outlets will there be to maintain with this plan. Langel replied that ultimately there would be three, the same number of basins, the two for the existing site and then also the existing one in Washington Park that would be its own. Eastham asked for clarification that one of the two on the existing site is the one draining to the north. Langel said that the northeast corner basin will have its own outlet that will need to be maintained by the new development, the one in the southwest corner will have its own outlet that will need to be maintained by Windmill Heights and then they will also continue to utilize the existing basin that is maintained by the other properties. Eastham asked if water from this subdivision was draining into existing basins to the west or are the existing basins to the west draining into the basin on the southwest basin on this new subdivision. Langel explained that all the drainage from the new subdivision will drain into the basins that are there, on an overflow condition at a certain level at the elevation inside the basin would overflow into the existing basin, the basin on the other property. Planning and Zoning Commission May 7, 2015 — Formal Meeting Page 4 of 14 Langel added that from their standpoint they do believe they have submitted all the stormwater calculations that are necessary for engineering design, and have communicated with the City Engineers on a regular basis as they did have some additional clarifications they responded to just today. Freerks thanked Langel for that information, but noted that the City Engineers haven't had time to sign off on that information yet, Miklo confirmed. Clark also stated he had spoken to the four property owners and have signed documents from them and all are ready to move forward depending on what the easements state for the stormwater and they hope those are in place in the next week or two. Gene Brag (45 North Westminster Street) said his property is down from the proposed subdivision area and questioned where all the runoff water would go, would the water stay in the basins or will it runoff into his area. Freerks said that the applicant would come forward again later to answer any questions raised during the public hearing. Brag said that right now all that water from the proposed subdivision area drains right through his backyard and all the backyards along Westminster Street down to Washington Street. It becomes a swamp back there. They cannot afford to have more water running through their backyards, his sump pump has been running since last winter. The water just sits there. He is concerned about more development and where the water will go. He also questions the stormwater and where it will connect into. He mentioned that over in Rochester Heights all that stormwater has been connected and it drains right through Westminster Street, and with any kind of rain their street floods. He reiterated his question is where the water from this new development will end up. Freerks replied that his questions were why the Commission wants to make sure the City Engineers will sign off on these calculations. Brag mentioned he went up to look at the area on Bowling Green Place where it says undisturbed water retention area and the guy that lives there said when they get a big rain he has had to go down and replace the lid to that retention basin. Tom Hill (167 Bowling Green Place) his property is adjacent to the property and is not here to stop the development but there are a lot of questions to be answered. One of his questions was why certain residents didn't receive a letter regarding this application. Miklo clarified that the City sends letters to property owners within 300 feet of the application area. Hill said the City must be aware of the water problem on the west side of Westminster Street down to Washington Street and probably extends all the way down to Court Street. Freerks noted that if the citizens are concerned about water issues, and perhaps the City is not aware, you should call the City Engineers. Hill said the City ought to know, it's been a problem for years. Hill wants to cooperate with the new development, but doesn't want to make the water situation worse for all the residents along Westminster Street and Bowling Green Place. Hill asked for a guarantee that there will not be more water issues in resident's backyards. Hektoen said that the applicant will speak to the specifics to the stormwater runoff but they cannot exasperate the situation, the law will not allow that. Freerks said that the Commission has heard other similar situations and have worked with the City and public to assure the water situations will be better not worse due to the new project. By law they are not required to do that, they are not required to improve someone else's problem, but they can't make it worse. Hill asked what the City's responsibility for this type of situation was. He said there is a water problem in the area and it will get worse with more development, the City needs to understand that. Hill also asked if there was any guarantee that the new development's homeowners association will take care of the water Planning and Zoning Commission May 7, 2015 — Formal Meeting Page 5 of 14 retention area that will be in his backyard. Miklo said that at the time of final plat for the subdivision there will be legal documents specifying the responsibilities for the homeowners .association to maintain the stormwater facilities and any other common facilities in the subdivision. If there is an issue and they are not maintaining, the City could be notified and take recourse. Eastham stated that recourse doesn't begin until some private party notices the drain system isn't working and notifies the City. The City doesn't try to inspect all the stormwater management facilities in the community. Kristin Evenson Hirst (135 Bowling Green Place) stated her home is about four lots down from the proposed development. She said that anytime there is a cloud burst they have a temporary lake in their backyard. The water comes through the backyard fairly forcefully and it is a serious problem that seems to have become more severe over the past few years. She noted that she is very concerned about the stormwater management because it doesn't seem adequate currently and what will happen with the addition of all these new homes. Bruce MacKay (143 Bowling Green Place) wanted to share advice and feels that the Commission should look at a topographic map as on the entire west side of Bowling Green Place. When it rains there is a creek that runs through those properties. MacKay also said there was a beehive grate a couple lots up from his and he questions what purpose that serves as far as drainage, what area it serves. Freerks stated these type of questions will be answered when the City Engineers review all the details regarding the stormwater management plan. MacKay asked about the far southwest corner of the new development, and asked for more specifics about what that area would be. Freerks said the developers engineer could respond to that question. Dennis Hunt (159 Bowling Green Place) said he's lived in his home for nine years and the first three years they were there their basement flooded every single year and while they wanted to remodel the basement they had to build a passive drain to work with the sump pump to keep the water out. But now that they have remodeled the basement, he is fearful that his drain system will not be able to handle the additional stormwater runoff that will be created by the new housing development. He feels the whole area needs a new stormwater drainage system. Chris Hunt (159 Bowling Green Place) stated she was very concerned about the proposed stormwater management and that it would go directly through the corner of her backyard. The drains for the new development will go through her backyard and they were told by the developers that they would "try" not to take down any of their trees in installing the drainage system. Hunt said they have a 30 year old evergreen tree that is right in the path to that storm drain and she would be upset to lose that tree. She also is not happy that her backyard would need to be dug up, yes the developer will fill it all back in and make it all pretty, but it is a major disruption in their backyard. And like her husband, she is also very concerned about possible water in her basement. Sue Hill (167 Bowling Green Place) said her property is directly adjacent to this new development and feels she will be affected the most visually from this development. Right now it is open timber back to Rochester Avenue and that will be replaced with houses. She said they bought their lot in 1994 and at that time there was supposed to be one house back there, Jim and Loretta Clark were supposed to build their one house and now there will be 22 houses back Planning and Zoning Commission May 7, 2015 — Formal Meeting Page 6 of 14 there. Hill also noted that the basins or berms that they say the water will be going into, after a big rain two years ago it was so full a neighbor had to dive into the water and clean out the drain so the water could drain. That was a very dangerous situation. Lisa Lloyd (169 South Westminster Street) noted that she also has the creek in her backyard and feels lucky compared to her neighbors because the drain works and they live on a slight slope so they don't have water in their backyard. She did say however that the creek gets very full after a big rain or lots of days of rain, almost five feet of water will be in the creek. She is concerned about how much more water will dump into the creek and how much erosion will happen. Alex Voss (103 Bowling Green Place) stated he has lived at his property since March 2013 and in May 2013 there was a strong rainfall and he lost a tall tree between his and Brag's property. The tree was near a swale and the ground was saturated enough to uproot a 25 -foot tall tree. So he, like others, has concern for the extra water that could be running through their backyards and in the area due to this new development. Langel came forward to answer some of the questions raised from the public hearing. He said with regards to water on Bowling Green Place, south of the development (Oakwoods Addition Part 3) there has been some flooding and swamps in that area. The basin will be designed to not increase the flow from the existing condition, legislation is set up that way, there are rules and laws the developers must follow due to City and State regulations. Regarding the beehives south of the property, the existing basin in Washington Park Part 10, outlets to the south and there is a beehive on the backside of the berm and that beehive takes sheet flow from the grass area and catches that water and outlets it. Where that goes is actually to the south between the two properties (on Green Mountain Drive and Bowling Green Place) to an existing stormwater infrastructure in place and that takes that stormwater further to the south. Langel said the question of what is directly south of the basin in the southwest corner, that is a berm so in order to retain the water they need to create a space or a "bowl" in order to pond that area so they need to create a berm on the backside to create that bowl effect. With regards to trees, they have looked at that and in order to optimize keeping existing trees they have designed the roads where they are, there are a number of woodlands that circle around the outside of the property both on the west, east and south sides and the intention is to retain as many as possible. Regarding the trees that run between the two properties on Oakwood Addition Part 3 and Washington Park Addition 10 he doesn't believe they will impact any of those trees on other people's properties. Eastham asked what if they do impact the trees. Langel said there are other alternatives with the alignment of the piping where they could change direction. It is required that at any intersection there is an additional manhole or structure to change the alignment of the piping so that could be done in order to miss one of the trees. Eastham asked if he was talking about piping on properties to the south, east or west. Langel said he was with regards to the easement, all piping they would add would be within an existing City easement. He pointed out in the southwest corner that is where the outlet for both the stormwater and sanitary easement would be located and would tie into an existing 15 foot easement that is already there. Freerks asked Hektoen to talk a little bit about how these existing easements work as far as if trees are on these easements. Hektoen said she hasn't reviewed the exact language with Planning and Zoning Commission May 7, 2015 – Formal Meeting Page 7 of 14 regard to this particular easement, but generally speaking if you put in any landscaping improvements within an easement area the City has the right to remove them without compensation to the property owners. She also said it is a public easement. Eastham asked whether when a property has trees in the easement area if the property owner has no rights that allows those trees to remain untouched. Hektoen confirmed that was true. Langel also addressed the concerns about overland flow. He said the design of the detention basin is to receive all of the stormwater from the development. The outlet then connect into existing stormwater infrastructure so there would be no increase in overland flow to surrounding areas. This means there should not be any additional water in the backyards of the lots south of the proposed subdivision. With regards to the concerns on Westminster Street further to the south and west of the new development, Langel stated that the way the site is laid out, about 85% of the site flows to the southwest. The rest—about 1.65 acres—has a detention basin and will connect into existing stormwater infrastructure. Eastham asked if the infrastructure they are planning to connect to has adequate capacity to carry the maximum runoff of stormwater from these areas. Langel confirmed it would handle the runoff. It is designed to match existing conditions; they are not allowed to increase the flow downstream after the design is complete, so since they are not increasing the flow there is no need to increase the infrastructure. Eastham asked if the City was responsible for ensuring that the stormwater piping that is there now is still in good enough shape to be able to carry the additional stormwater it will be carrying due to the new development. Miklo said the City Engineer would review that when the stormwater information was submitted. Langel stated that with regards to the infrastructure further downstream, he does not know exactly what is there. There are certain limits to which they are designed—typically the 10 year storm, and that is a storm that can happen every single year (10% chance). So all infrastructure is typically designed that way except for detention basins. Detention basins are typically designed to the 100 -year storm. . Martin asked Langel to discuss the berm located in the southwest corner and whether it could potentially ease some of the water flow down south. Langel confirmed that the berm should ease the flow. They would not be increasing the flow, but because there is an additional detention basin there, they can better contain the water and slow it down. He said that in Washington Park Addition 10 there is an approximately 10 -foot berm there to retain the water further to the north—that is the four properties that are part of that existing stormwater easement. The new development would need to mimic that type of stormwater easement right next to the existing one. Martin noted that there is legislation that regulates that the developers cannot increase water flow to other properties. How could it be proved that there is more water flow, or less, or no change? Langel answered that was the reason the calculations are developed Martin asked who would be maintaining each stormwater basin. Langel said that in a typical subdivision that is normally handled within the homeowners association and would be outlined in the easement with the neighboring subdivision. Sue Hill asked if the neighbors could see a map of the proposed subdivision and where all the easements are located. Freerks stated that the Commission does have maps that show some of them, so after the meeting Miklo could show those interested. The easements from the from the Planning and Zoning Commission May 7, 2015 — Formal Meeting Page 8 of 14 neighboring subdivisions are on file in City Hall. Miklo said that anyone interested could call City Hall and make an appointment to view the maps. Hektoen said that easements that affect Hill's lot would show on the map for Oakwoods Addition Part 3. Hill also stated that stormwater had been discussed quite a bit, but not much has been discussed regarding sanitary sewer, and where is this new development going to connect to sanitary sewer. Miklo replied that the City Engineers have determined that the sanitary sewer is adequate. Hill asked if they could see where there sewer was going through properties as well on the maps. Miklo said yes, that would be in the easements. Gene Brag questioned again the water retention areas and his impression is that all the water will not stay in those retention areas. He questioned whether water will still go through his backyard. Miklo said the water is detained for a period of time and then released into the underground system to the south. Brag questioned where the pipe ended. Miklo said the City Engineer would be able to address that question. Brag also asked where the sanitary sewer was going on the easement. Miklo showed the area along the property lines on the map where he believed the sewer system would run. It would hook into existing sewer lines. Miklo encouraged Brag and any others interested to set up an appointment with the City Engineer to view the maps. Bruce MacKay stated that his wife is a City employee and has mentioned there is an 8 -inch sanitary sewer that runs down the middle of Bowling Green Place, where the terminuses of that are, he does not know, nor where is the actual physical connection. MacKay stated that 1.65 or so acres, approximately 25% of this property will drain to the southwest, so then where does the rest of the water go, other than what goes to the strip in the northeast? Langel first answered the questions regarding the sanitary sewer, there is in the center of the right -a -way of Bowling Green Place an existing sanitary sewer, one of the final properties in that cul-de-sac directly south of the new development, has the line run to it, turns west, and then stops between the two subdivisions. That is where the connection point would be. Freerks stated that all City sewer lines were intended to connect to one another. Langel stated that regarding the stormwater, the 1.64 acres goes to the northeast and the remaining 5 acres or so drains to the southwest. Tom Hill asked about the park that was mentioned, and if that would be a new park or an existing one. Miklo stated that the closest park is the Pheasant Hill Park. No new park would be created with this development. Hill also questioned where the new street going to Rochester Avenue from the new development would be. Miklo said it would be roughly 300 feet from the street that was added a couple years ago. Hill asked if there were any traffic concerns. Freerks said that with the new development being a cul-de-sac that isn't likely an issue and the traffic engineers will review the plans. Miklo confirmed that the transportation planners did look at the plans and one option was not to connect to Rochester Avenue but to send the traffic onto the other two connecting streets. After review staff felt it was better to have an outlet onto Rochester Avenue, which has sufficient capacity for this new development. Hill noted that the new Teton Circle area has resulted in an increase in traffic going to north through Westminster Street. Lastly Hill asked what the next step would be after this evening's meeting. Freerks said that they would let all interested parties know what the next step will be. Steve Hirst (135 Bowling Green Place) noted that the map being shown this evening was a little Planning and Zoning Commission May 7, 2015 — Formal Meeting Page 9 of 14 misleading because Green Mountain Drive is like a mountain to the houses on Bowling Green Place and that is part of the reason that the houses on Bowling Green Drive get a lot of runoff water in their yards. They are counting on the City Engineers not to make it any worse. Freerks closed public hearing. Eastham moved for deferral of SUB15-00008, a preliminary plat of Windmill Heights, a 6.94 -acre, 22 -lot residential subdivision until the May 21 meeting. Theobald seconded the motion. Eastham stated that the Commission has seen similar situations in the past and requests that the Staff do their best to assure the citizens that the development of this subdivision will not add to stormwater runoff. He understands legislation mandates that it does not, but the citizens need more reassurance. Also the City needs to address if there are existing stormwater problems in this area that will not be addressed just by the stormwater facilities for this new development. Freerks said while the Commission cannot address issues in existing neighborhoods, these discussions alert the City Staff and they can work to address issues. Miklo added that perhaps the neighbors could come to the City offices together and have one meeting with Staff rather than contacting separately. Theobald noted that she would like to have the Staff or developer have more information regarding the maintenance of the stormwater facilities. She finds it troubling to hear that homeowners are cleaning out these facilities. Hektoen said that the City doesn't maintain the stormwater facilities, each subdivision is responsible for that on their own. Freerks noted that some homeowners associations do a better job at maintaining their facilities than others, and only if there is a real issue does the City get involved. Eastham stated that the people that are affected by stormwater runoff by improperly maintained facilities should contact the City. Freerks noted that the number one priority is for the City Engineer to approve the stormwater management calculations so the development can proceed without issue for the developer or the neighboring citizens. As for next steps, Freerks asked that that citizens concerned have their meeting with Staff prior to the next Commission meeting, keep open communications with the developer and this will be an agenda item again at the May 21 meeting. A vote was taken and the motion carried 7-0. CODE AMENDMENT ITEM: Discussion of an amendment to Title 14, Zoning to create an exemption from the floor area ratio limitation and establish new height standards for hospitals located in the Commercial Office Zone (CO -1). Freerks noted that she did receive a phone call from Will Downing who is an architect with a firm that is working on this project. He said they would not be able to attend tonight but wanted to know if she had any questions. Freerks replied to Downing that she did not. Eastham stated he received a phone call from John Thomas and Thomas expressed some of his Development Item SU615-00008: Discussion of an application submitted by Joseph Clark for a preliminary plat of Windmill Heights, a 22 - lot, 6.94 acre residential subdivision located south of Rochester Avenue, east of Green Mountain Drive and west of Teton Circle. City of Iowa City ® M SUB15-00008 Windmill Heights Prepared by: Bailee McClellan Feet Date Prepared: April 2, 2015 0 400 800 r i p rw ! � I " V Y / w y � r '+� 40 PRELIMINARY PIAT WINDNIML HEIGH'T'S ry __pRfFN M MEgOpW TAiry n�y�t -j'. W. p t n.. �qS/y//yGT I ti d 6nnwo/�. �m6w Nx.i :t w6Nue I ROC PgR.4 qr ROc P,Rp4 "'Dc" amao6w ssr OqK� PgRT 3OanaV � LEGAL DESCRIPTION WINDMILL HEIGHTS IDmN0T6FIxxleRMxdM�6fyuYlnRZIYIi ss,aYnnaxmwxum6wmeMmn .dvu xom.61 w. an, xxm6 mim<ww o®®a wwa: eoxe uRwu6.Numo6�wdMwiiiaiv®® x.Yim n rrc6 vcnovvruYwuanMomarurNaFaxwm'armnvi wrresw�m xrurm�ns6 n.xmr6rxx xnxvrw ud6 M v�ar us a ws na m m 66o m 6 uuurnm6 rr xmnd w6 n N .6[CYWI63wIx�rN N.i,�Nnia�xr4Tmlq I.rHYYOMv/n1WrI6E0iY6WYN�fMtW NxROONY3 wIxMMTH6®xruTmnrrHM�rtt�6xxRYYi6YrMM6P11xirtVxurplV[X �rx �1rp2 n,�Yn�6mo'oma "a®a,6•�d66o�..n 6w,..6eTa6 u6o�.Y�.�6 �.u�.6d o.�.Yos...tiro LEGAL DESCRIPTION EXISTING STORM WATER MANAGEMENT EASEMENT WINDMILL HEIGHTS ilYrtC6M R :pl¢p6M ��V 4[ixN 1EY9nM�dM6YYMT6waM14rOi1Y[I[did W dk nMxOM1. YiYx®60MY.VY6MNMxxne¢wL96d4�N�NM9e��ml6xlxNH6N666M6ann�rxp4 M worm mea a mr m a6Yo NexNnd..e.mxv6..er II i6av 9tYxr.. om.6n a uuc . � mi.Q 666M RI: 16816 MI37„%^u N M 6YIn� Ix[ fi Im Y [i Sxe 6RP xWnY 6(.6mw. IdmNnn� i�YYIY. t 41116 66Y I6ET: TENR Id'Y)IYI.1 de6664n0 T: T6¢ llfn'6TF.1 SIIm Tn¢SnSfifi'[ro M6MMYEUi WO WKWlmI6M[Im1O66MfII1diY661n.6f IER.TB6 6o'Yz2AMY6T YE p YO wn9elild IYj Mnu ruf II 16BIR MYT<lYeeS Yev6f e(. dLQ V 0L 6FET10MIdf6p6en YOf�ddfmM 6:iY.G6YMd� NOTES: wax 6mm m6exxec.0 mae�o6e.a N 6sr No wcim6e OWOME Mw� �66xiYmN1� 1 6r 6 fMn9 ! nn\ n/.1E il/IE hMNR emwmxmeNen TYP. ROAD CROSS SECTION roeme6.m I GRADING AND EROSION CONTROL PLAN LEGAL DESCRIPTION WINDMILL HEIGHTS muR.AaiwunEOMonEaTuu.RUE�wu,vam.P n raRL..EE «...saPM xP,R Iaa AmL tlY. oN.Ialxeox mlNx. oeW. FIpJ®a mwa: ®IMErtMSOMxRTmY01RlR0 V 110061E NpEIMPgFLY.LLmIWYRw11xMM]TgF6®ix14T KR PpF YCTO¢YYll'YWYCKMIOTYIUE Bafw�A¢mw Nff3al®.d W NiBOJLPpF6LA 1611X¢ Id5i01"w YYa M R619R V[ 61OR ]M ]LL :Y xN la 6 Wa1M01116.m1Yx PYf tl x aCUtlx¢wx]xFM]�66ib�®YM]MiR NELUOMwE]FNr uRafw� PCaY1r MxWxx.¢mw2 [[xrxtlx x>I1DpCF YYa LO SPllx YBLQxvr A pi]Ax3 R iM�d 1Pu] m M xNlxu6] 6wY Im xiR axNLxO®Y MTRN ]S NEx[ 1W1RIDIYlARYmctx[xtnmvtN6LDCORYu�6H Ppf ONE M MS1RrYXF ff VOO61Y POE 1YfTEE a®I®M RAi FO'1 T. P.fi u6. WO w6]fRY 1N6 Y01Od61fA TY FAIDpnSUO RYMPP66fYlYMlalf6 ®IN6 YYTYLT61Y0(Mfuxx46YnOE5 AORF09.YOOAIFRRI LEGAL DESCRIPTION EXISTING STORM WATER MANAGEMENT EASEMENT WINDMILL HEIGHTS vmpBrRwREEM IYMAf]aupvEvrnw uanYwwMrxNPLREwAvxBapN.omY1 R�aaomi.�Lx]�wmc�.nNo�mL�:Y`m�iN�]mx� �n.wxe~w.m..,a:�m.n. erMY.N�vsoPwNdpFNmu.FoawNo..� AR 34 MMR 9iN]6'W. A OO]YIR 613IK M19]YW TIM WdIWR65AR 61EfNWMPNI MAWN. WJ; MNR>'Y9RM'. A[SAIC Ii 0y qT: MIR Ipb'Jt—A. A NIINQP SL(01E1: M]p Ma'0E A Y fS[Q MMRyLyPR'FAMM]RIM Y(CFSUO YaxM¢mi Ipx LARRY ]pf Yl A pRYRR Siff xRMYR fpf I6 TBR 9fYJYE YR6 f W N6] RE A 6rY¢61iE NOTES: �oxFNMLLwEUBrw.E x IErAro N.o1mYY ]�EF.MO W W W16L WXEOIIM®fxlx d L wxT.Ytl Year rolmacxnollwca cNMloL M vCTVLlE.YD WGid 6.'Y NRS � NYl MfI®.VO WIROIO M�fM�OMroV 11EMT. z �6D ENtlYSYw RaE wv(mvox]E RRa SWPPP NOTES Y ENpR1B] ECUCdng M119YIC]pN�pl® I wR1ElBlfualY:IW MfANNtENP®roaM ]rcm..uN rtReRRioumowifLaNImNR RIW00 WE[EiiNMW1xNEJVOOE]ENV Ref] Yoz L .LL NYp NxlEOFMOwiM606MGriP 1MGNN Ci EOBII xM OFxx®. MMfYNfYBQEUA WRG NlRB11 M0 WiIHO RmCVd.® MfHxEMRNIERW(I Qf BYO RI N2 MRIOi lO MB.IE 0110.•CIMH IpWN1Yl0 W\lE6V W NORP9B.TMUO.YL fFNYBl1E0$VX]O VMY Wd B'ORMMS L M.I�O NOI��YLm R91T pN(VMRI 011NY.'1 W MV t E 19880E 1Oi YY V M A NRER N`NR N.b^.ROYY Vllx OBEM RYI 10]OMOIU MIIEIEYRf[ ] WRLY.lO1NVtElAWBF1O1xRLYWp OUNR1E 61[d® LWLYIYNtlIENwLERM'®6 IP ]u IE[9'L RRE /IO YYw RMEhR xOIECNRI Y dEOPwz MFR Ia�a R/AII.VIXp®aY W xIReONEIM 0.1MI M 2 CM0.u.'RN Nwl E I9LA�E 2R M � OIIERFttMO1NN1161UTRi. �RRAII 1 E]YOIWRM W]M1`OOW1EIl®WnpM 16 fHl RRER®tel®eOMNxiT LVB1OCVOOf MIRNLI®YAiO YM1M RE0.\IIfIB x LOCATION MAP YN56N mvnr. iMN cm. i. OM16Bf[ oaE �l4abBRe.NxYYxttEIX WV W WV .VYY WII�EWER IItl MfM 41UNEMERIUEB WrtB1u1@9 RKINLIxW 0.W Im ET.Vb hbk Ya — -1 J1uO/!I a.LY1Rf R. PPO1V.x fEf 06-02-15 6 Prepared by: Trent Hansen, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5433 RESOLUTION NO. 15-189 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF COW TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIBER INFRASTRUCTURE - IOWA CITY SOUTH PART 1 - DUCT INSTALLATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the S. Wastewater Fiber Repair/Redundant Path account # 14722. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 3:00 p.m. on the 12`h day of June, 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 meetings, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 16t day of June, 2015, or at a special meeting called for that purpose. Passed and approved this 2nd day of June , 20 15 ATTEST: CITY CLERK pweng\masters\res appp&s.doc 5/15 MAYOR Approved by ~City Attg ney's Office Resolution No. 15-189 Page 2 It was moved by Mims 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 x Throgmorton =rfr� 7 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. 15-190 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on July 10, 2015. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until July 10, 2015 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Res. No. 15-190 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 2nd day of ATTEST: �'4r''e� i(J ems% City Clerk June Mayor V Approved by City Attorney/s Office 2015. It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there was: AYES: x x x x x x sue1Ord8Res\AbateRes.doc NAYS: ABSENT: _ Botchway Dickens Dobyns Hayek Mims x Payne Throgmorton I �f o o o CJ l7 N R t7 h a7 O N O (C h M w O w N h w O w C2 z a 'a 'D n 0 0 0 w w w w w rc ¢ rc z s v w w a D D D W ,�,�W w W >- V hf UNi zN N W N 2- My 2-> 2-IY Z-> > w w ax< Wiry axa w ¢ d6< w aT< � VI Uig NU(9 6 VI0 wU(] w O O O�4 o 0` V D Y 0 JI `ya'oa . `1 0 �0a N ¢o¢ N `t w aos o K vi 2 Zen Nz - 0 Zw O a N O $ G O pO p O p O_ a S O O N 6 6 O < J J L 1 y W m m w a O O O O OJ J J J r r r r m n o p 0 p 0 o 0 y r w w w w 4 VN VJ VI n U C9 C� C9 O Z 7 Z Z N 9 N W U w L9 W J J JO � r O O O W U U U U (9 W M n W M O W W M � a a O� $ _ m ��a a � S'a'`9 �' xis ���c� u e � � F C 1 N�/1N O � � LL A - u1 ti t+1 ti n "� N C 7 0 0 m u �+ .,� E A m a a m N �y m O r _v e d 1� z >� np 3LL op tty o� wz a �^ U � Q } J -� O� a y J OO �- zr-k mn zw mX Z02 mo m . O m ¢ Oro �ttLL �, uiw0 na \[®j \ \ \\ � \\\* §;u/ \[®j \\ � \\\* §;u/ a 'V G-P� W r of 00 W W 00 00 00 Z Z o0 J M m � W 0, p w � rNw� o _ ? z w� LLOm mx zwz lfl O � 2y � � U OU W U Q Q !\ / 7CZ \ \ - § {o/o - - \/ _ \ 3 \ \00 {\ 0 -0 }} \\ii \ \ \ } \ \\ \ \ § 0 \\ \ \ \ \ \ \ \ M o. 00 a0 w� ❑J w z Q O U ? > w 0 W 0 m N > N LL OO W f o Fyw3 �O�m W Y N Q F Z W z Z o & O m w F $V N Z F > O LL O W U ¢ U O O LL Z `4 wY0 > n w 0 C N d 9 N N m O F w v C m 6 O a Z F �2 � � 2 Q U U' Z_ f N ¢K 2 Q U U' Z h K K 2 Q UU �r I W Q K ZZ � � W 1 Q J N M M O O c7 C O d Z Q W J U r tt W d O tt a Z Z F W W 3 N O 0 0 0 a 0 b w Z 3 O H J Q Z_ W O � F Y U m Q � �' O � J F Z O y K w LL W W O r N N a EXHIBIT B May 28, 2015 Name Address City, State, ZIP Dear Property Owner: A 111 Ii CITY OF IOWA CITY 910 East Washington Strcet Iowa Clty, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX wwwJcgov. org This is to notify you that the City Council will be considering a resolution on June 2, 2015 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356-5043. Sincerely, Marian K. Karr City Clerk Enc. Copy to: Accounting Division-w/enc.