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HomeMy WebLinkAbout2015-10-06 Resolution4c(13) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 15-297 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: STUDIO 13 — 13 S. LINN ST. BLUE MOOSE — 211 IOWA AVE. Passed and approved this 6th day of October 2015 MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 15-298 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DELI MART #3 WHEREAS, on December 17, 2014, an employee of Deli Mart #3, 2410 Mormon Trek, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of the violation, Deli Mart #3 was a retailer as defined by Iowa Code § 453A.42; and WHEREAS, pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11), a retailer is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, Deli Mart #3 has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation_ within a two-year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Deli Mart #3. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: October 6, 2015 ItM_ Mayor, City of Iowa City ATTEST: Cit` lerk, City of Iowa City 4d(1) Resolution No. 15-298 Page 2 It was moved by Payne and seconded by Mims 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 4d(2) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO 15-299 RESOLUTION ACCEPTING THE DEDICATION OF CERTAIN EASEMENTS OVER AUDITOR'S PARCEL 2009016, IOWA CITY, IOWA. WHEREAS, the City desires to construct a sidewalk along the north side of Sturgis Corner Drive to the sidewalk along the east side of Riverside Drive to improve pedestrian circulation, and WHEREAS, a temporary construction easement and public access easement are necessary to construct and maintain said sidewalk; and WHEREAS, it is in the public interest to accept the dedication of said easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above -referenced easements, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said easement dedications, and to record the same at the City's expense. Passed and approved this 6th day of October , 2015. MAYOR ATTEST: V, CITftLERW Ayproved by Clty Attorney's Office Resolaxtion No. Page 2 15-299 It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims g Payne x Throgmorton M Prepared by: Sara Greenwood Hektoen, Assistant City Attorney, 410 E. Washington Street, Iowa City, Iowa 52245 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Agreement is made by and between Phoenix Iowa City, LLC (hereinafter "Owner") and the City of Iowa City, Iowa (hereinafter "the City"), which expression shall include their successors in interest and assigns. WHEREAS, the City desires to extend the sidewalk along the north side of Sturgis Corner Drive out to the sidewalk along the east side of Riverside Drive in order to connect the two sidewalks near the intersection of Riverside Drive and Sturgis Corner Drive. WHERAS, the Sturgis Corner Drive right-of-way is not wide enough to allow for the construction of sidewalk along the north side of the street near its intersection with Riverside Drive. WHEREAS, a public access easement is necessary in order to provide the area necessary to construct and maintain a public sidewalk in that location. in consideration of their mutual promises herein, Owner and City agree as follows: Owner states and covenants that they are the owner of certain real estate described and depicted as "temporary construction easement" on the attached Exhibit A Easement Plat (easement area) by virtue of legal and/or equitable title, that they are lawfully seized and possessed of said real estate, and that they have good and lawful right to convey this easement. 2. For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner does hereby grant and convey to City a temporary construction easement in, over and across that portion of Owner's property depicted and described on Exhibit A attached hereto (hereafter "Temporary Easement Area) for the purpose of facilitating City's construction of a public sidewalk (public improvement"), which grant to City shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said public improvement. 3. The term of this Temporary Construction Easement will be for the period of time required by City to complete the construction of the public improvement, but in no event shall the duration of the Temporary Construction Easement extend beyond the date two (2) years after commencement of construction of the project. 4. With respect to the Temporary Construction Easement, Owner grants the following rights: a. City shall have the right to make excavations within the Temporary Easement Area, and to grade as City may find reasonably necessary for the construction. City covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to hold Owner harmless from third party liability during said construction. b. City shall promptly backfill any trench made by it, and repair any damages caused by City within the Temporary Easement Area, but excluding the replacement of 5 2 trees, shrubs and brush on the Easement Area. City shall indemnify Owner against loss or damage which occurs as a result of City's negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Area has been restored substantially to its prior condition and except as expressly provided in this Temporary Easement Agreement, City shall have no further responsibility for maintaining the Temporary Easement Area. C. City shall have the right of ingress and egress to and from the Temporary Easement Area by such route within the Temporary Easement Area as shall occasion the least practical damage and inconvenience to Owner. d. City shall have the right to trim or remove all structures, trees, brush, and any other landscaping features which may interfere with the exercise of City's rights pursuant to this Temporary Easement Agreement. City covenants and agrees that existing driveways, fences, underground drainage tile or other site features, with the exception of trees, shrubs and brush, which are removed or disturbed shall, to the extent reasonably possible, be replaced by City to conform with features or items removed during construction. City further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. City covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the public improvement, all areas within the Temporary Easement Area which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said area substantially to its prior condition, with the exception of the replacement of trees, shrubs and brush. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at City expense. Dated this 6th day of CITY OF IOWA City, IOWA BY: Matthew J. Hayek, Mayor ATTEST* Iri C ty Clerk OWNER October 2015. Approved b App:,4. y City Attorney's Office By: jvP•griC �- 9 • r3• s' MembW STATE OF IOWA ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the day f , 2015, by Matthew J. Hayek and Julie Voparild r and Deputy put y cit y Clerk of the City of Iowa City. 1 KELLIE K. TUTTLE ���, (� J Co2218 w mmission Plumber 221819 My Co miss'on Expires Notary Public in and for the State of Iowa OWNER cor STATE OFAWAr ) Mt°43 lAA4Ar ) ss: SW4\-1\C>ur COUNTY OF d15I INSe ) J This instrument was acknowledged before me on the day of 2015, by q& as M2r.,ber of Qhpa�x lama ��c Notary Public in and for the State of4ewa- Mo e+► C c Le -e- OT. 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Washington Street, Iowa City, Iowa 52245 PUBLIC ACCESS EASEMENT AGREEMENT BETWEEN PHOENIX IOWA CITY, LLC AND THE CITY OF IOWA CITY This Agreement is made by and between Phoenix Iowa City, LLC (hereinafter "Owner") and the City of Iowa City, Iowa (hereinafter "the City"), which expression shall include their successors in interest and assigns. WHEREAS, the City desires to extend the sidewalk along the north side of Sturgis Corner Drive out to the sidewalk along the east side of Riverside Drive in order to connect the two sidewalks near the intersection of Riverside Drive and Sturgis Corner Drive. WHERAS, the Sturgis Corner Drive right-of-way is not wide enough to allow for the construction of sidewalk along the north side of the street near its intersection with Riverside Drive. WHEREAS, a public access easement is necessary in order to provide the area necessary to construct and maintain a public sidewalk in that location. WHEREAS, the parties now wish to memorialize and fulfill Owner's obligations through the execution of a recordable easement agreement. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: Owner states and covenants that it is the owner of certain real estate described and depicted as perpetual public access easement" on the attached Exhibit A Easement Plat ("easement area") by virtue of legal and/or equitable title, that it is lawfully seized and possessed of said real estate, and that it has good and lawful right to convey this easement. 2. For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City, a public access easement for purposes of providing constructing, operating, maintaining, repairing, using and reconstructing a public sidewalk for common public access, and also a right-of-way with right of ingress and egress thereto, over and across the easement area. 3. Owner further grants to the City the following rights in connection with the above easements: A. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion of the City may interfere with public access and/or the exercise of the City's rights hereunder in any manner. No compensation shall be provided to Owner, however, for the loss of any trees or bushes. B. The right to make excavations and to grade as it may find reasonably necessary for the construction, installation, operation, repair, maintenance and reconstruction in the permanent easement area. 4. The City shall indemnify Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance rights by the City or its agents or employees in the course of their employment. 5. Owner reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted, provided that Owner shall not erect or construct any building, retaining walls, fence or other structures; plant any trees, drill or operate any well; diminish or substantially add to the ground cover; or construct any obstructions on said easement area. Any landscaping improvement installed within the easement area, with or without the City's approval, may be removed by the City without compensation to Owner or replacement thereof. 6. Owner hereby covenants that the access easement area shall be kept free and clear of impediments to traffic at all times. Further, Owner shall be responsible for maintenance and snow removal over and on said easement area at its sole expense. 7. Nothing in this Agreement shall be construed to impose a requirement on the City to improve or maintain the easement area or the improvements installed thereon. Nor shall Owner be deemed acting as the City's agent in the course of performing its obligations pursuant to this Agreement. The parties agree that the obligation to maintain the public improvements herein shall be in accordance with City specifications. 8. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land, and shall be recorded in the Johnson County Recorder's Office. Dated this 6th day of October , 2015. CITY OF IOWA CITY, IOWA BY: Matth w J. Haye , Maybr ATTEST: City Clerk Approved by:✓<(.6-t City Attorney's Office OWNER By: M �� A�tr.3C1L, • /� • r Me�nf Y STATE OF IOWA ) ) ss: 2 COUNTY OF JOHNSON ) This instrument was acknowledged before me on the day of and Deputy City _, 2015, by Matthew J. Hayek and Julie Voparil3Mayor Clerk of the City of Iowa City. ,91M KELLIE K. Tl1TTLE Ez, ssmb E 2,1 r 819 Notary Public in and for the State of Iowa G STATE OFfeWA- Nd-v' Newrj COUNTY OF deHfrF&A�J OWNER ss: ,�-1pu,kx'bux This instrument was acknowledged before me on the day of 2015, by MeQa 0e s M' e- r0)QR L_— of '?h &O :x State of Notary Public in and for the ivvytr- o nca t,et CT. 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C - V) a) O m r r o L) + " NN O -0-0 O LJ r)cm .. 0, o N D_ N 0 c o a n O d V) U'N a U0 � T U) A fn to � 0 U a a > O L 16 a) U C O w E Z al W rn � Q) U 1 L N N C:0 oO N U ZCY O - E d_ I I I I F I I I � I �n I zug I I I oO I Ln / O I m I d /I O_ N I WCL I o NLo L9n J n W W _ N I=L I dII' t^O N N N L vn5/ ~l� 4d'JH UU 4 � � oe Q / Q\ U Lv llcJ LU Z I N0)OO�Ln cn N C6 11 11 m W I C W In / W Q� / w O U r) JI n LO o m O Lo, a IM Zwo Z¢ I O O�00 (07(0 J I ZO � 04 (n LL I Q � N N N II p J LLJ ��II II I II m 1- I w O U N� LO / dm JF-UU LJ mF-� Q u'S O / w I oda off(' a o°o � I z�� --- z 'Dc l�'8l 3.9 L, L9.00N p Q RAW MCHRARM aofloo __W IN 4d(3) Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 15-300 RESOLUTION ESTABLISHING A POLICY THAT SPOUSES AND RELATIVES OF CITY COUNCIL MEMBERS, PERSONS ALREADY SERVING AS BOARD OR COMMISSION MEMBERS, AND MEMBERS OF COMPARABLE COUNTY BOARDS OR COMMISSIONS SHALL NOT BE ELIGIBLE FOR APPOINTMENT TO CITY BOARDS OR COMMISSIONS, AND ESTABLISHING A REAPPOINTMENT PROCESS FOR CITY BOARDS AND COMMISSIONS, AND REPEALING RESOLUTION 85-354. Whereas, the various City Boards and Commissions have been established to provide advice and assistance to the City, and to perform certain statutorily assigned tasks in some instances; and Whereas, it is desirable that the members of each Board or Commission exercise free and unbiased judgment in addressing the issues and tasks before them; and Whereas, Resolution 85-354 established a policy regarding relatives of Council Members that were ineligible to serve but needs to be redefined and expanded in accordance with the city's personnel policies as adopted by the City Council; and Whereas, this City Council has determined that it would be appropriate and in the best interests of the City of Iowa City to formally establish and adopt a policy so as to assure the independence of said bodies and to define the reappointment process regarding eligibility for appointment to City Boards and Commissions NOW, THEREFORE, IT IS HERBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, A. That it is hereby established, as a formal policy of the City Council of Iowa City, that the following persons shall not be eligible for appointment to Boards and Commissions: A Council Member's spouse, domestic partner or partner by cohabitation, children, step -children, children for whom the Council Member assumes parental responsibility, mother, father, son-in-law, daughter-in-law, mother-in-law, father-in-law, step-parent, brother, sister, step -siblings and half -siblings, brother-in-law, sister-in-law, grandparents and grandchildren, aunt, uncle, niece, nephew, first cousin, foster parent, foster child, persons who are parents of the same child, and persons with whom the employee is in an intimate relationship. 2. A current member of a City Board or Commission, unless dual or joint memberships are provided for in the resolution, ordinance, or statute which creates the Board or Commission to which appointment is being made. 3. A current member of a comparable County Board or Commission, unless dual or joint memberships are provided for in the resolution, ordinance, or statute which creates the Board or Commission to which appointment is being made. Res. No. 15-300 Page 2 B. It is hereby established, as a formal policy of the City Council of Iowa City, that each application for reappointment to a City Board or Commission will be considered without regard to incumbency. If reappointed, an individual would be limited to one reappointment to a full term in order to increase the opportunities for new applicants to serve. C. Resolution 85-354 is repealed in its entirety. Passed and approved this 6th day of j` ATTEST: CITY CLARK c October .20 15 . 42—<- RS.4 MAYOR p roved b -\. City Attorney's Office It was moved by Payne , seconded by Mims , 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 10-06-15 4d(4) Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-301 RESOLUTION REPEALING RESOLUTION No. 14-270 AND APPROVING A NEW COMPILATION OF CONTRACTUAL AUTHORITY DELEGATED FROM THE CITY COUNCIL TO THE CITY MANAGER WHICH ADDS AUTHORITY FOR THE CITY MANAGER TO SIGN DOCUMENTS RELATED TO INSURANCE COVERAGE. WHEREAS, pursuant to Resolution No. 14-270 the City Council authorized the City Manager to initiate and execute, without City Council approval, contracts for goods or services provided by other governmental entities, or non -profits providing job training to the individuals providing the goods or services, as well as broadening the City Manager's signature authority to $60,000 for contracts for professional and technical services; and WHEREAS, circumstances arise wherein agreements must be signed with other parties (such as foundations supporting the efforts of the City) wherein we list said parties as additional insureds under our coverage; and WHEREAS, insurance premium payments are approved by Council as part of the budget process, but often well exceed $150,000; and WHEREAS, the remainder of the authority previously delegated to the City Manager remain unchanged, including settlement authority for claims not to exceed $20,000; and WHEREAS, it is in the best interests of the City to approve these changes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: I. Resolution 14-270 is hereby repealed. 11. Council hereby delegates to the City Manager the following authority: A. Capital Outlay, Commodities, Operational Services and Professional Services. 1. The City Manager or designee is hereby authorized to initiate and execute, without City Council approval, the following contracts: a. Contracts not exceeding $150,000 for the purchase of commodities, operating services and capital outlay (not including public improvement contracts) for which there is funding authority in the annual budget as approved by the City Council. b. Contracts for professional or technical services (e.g. engineering, architect) where the total estimated amount does not exceed $60,000. c. Contracts with non-profit entities for the goods or services provided by those receiving job training from the non-profit entity. Resolution No. 15-301 Page 2 d. Contracts with other governmental entities for goods or services. e. Contracts for road salt purchased through the State's road salt procurement program. f. Contracts and other documents relating to procurement and management of insurance coverage. B. Public Improvements 1. The City Manager or designee has the authority to execute public improvement contracts for which there is funding authority in the City Council's adopted budget that do not require public bidding because they do not exceed the "competitive bid threshold" established in Chapter 26 of the Iowa Code, as amended. 2. The City Manager or designee has the authority to award a contract, to execute a contract, to authorize work to proceed under a contract, or to approve the contractor's performance and payment bond for public improvement projects where the estimated total costs require the City to solicit competitive quotations pursuant to Iowa Code Section 26.14(2013), as amended. C. Claims The City Manager or designee is hereby authorized to settle all claims not exceeding $20,000 against the City or by the City without further authorization by the City Council. In addition, the City Manager or designee is authorized to settle worker's compensation claims when the facts are not in dispute and the benefit payments are determined by statute and the rendering physician's impairment rating. D. Farm Leases The City Manager or designee is hereby authorized to negotiate, execute, renew and manage farm leases and security agreements for agricultural land the City may now own or later acquire, upon approval by the City Attorney's Office. 2. All such leases shall be in writing, shall be for a period not to exceed one year, with possible renewals and subject to Iowa Code Sections 563.6 and 563.7. E. Indemnification Agreements for Police and Fire Training 1. The City Manager or designee, after consultation with the City Attorney and Risk Manager, is authorized to execute indemnity agreements for police and fire training on private property. F. Economic Development Opportunity Funds 1. The City Manager is granted administrative authority to make disbursements from the Economic Development Opportunity Funds with the following three stipulations: a. There is a $50,000 limit per expenditure to this authority, to be funded by account number 1000-457100-448070; and b. The use aligns directly with City Council's adopted Economic Development policies and strategies; and c. Reporting the use of any of the funds will occur at the first Resolution No. 15-301 Page 3 Economic Development Committee meeting following such disbursement, and again in an annual report. G. Economic Development - Towncrest The City Manager is granted administrative authority to execute Towncrest Urban Renewal Grant agreements, in a form approved by the City Attorney, for the Towncrest Facade Renovation Program and the Predevelopment Design Assistance Program. 2. Any such agreements shall be reported to the Economic Development Committee at the first Committee meeting following such disbursement, and again in an annual report. Passed and approved this 6th day of October 120 15 ATTEST: CITY CLERK M � App ved by City Attorney's Office Resolution No. Page 4 15-301 It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: MAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Josh Slattery, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 15-302 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE — PART TWENTY TWO, LOT 1, 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 public improvements for Windsor Ridge — Part Twenty Two, Lot 1 as constructed by Maxwell Construction, Inc. of Iowa City, 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 6th day of October , 20 15 MAYOR Approved by ATTEST: �9AM .ldz*�5��1 CITY LERK City Attorney's Office 7 (3A i S - It was moved by Payne adopted, and upon roll call there were: AYES: and seconded by NAYS: pwenglmasterslacpt-improvements. doc Mims the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton J 4d(5) � r m 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 September 30, 2015 Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge — Part Twenty Two, Lot 1 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer public improvements for Windsor Ridge — Part Twenty Two, Lot 1 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 improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Josh Slattery, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 15-303 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR BROOKWOOD POINTE FOURTH ADDITION, 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, storm sewer, and water main improvements for Brookwood Pointe Fourth Addition, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Brookwood Pointe Fourth Addition, as constructed by Metro Pavers, Inc. of Iowa City, 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 WHEREAS, the traffic control signs have been installed. 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 6th day of October , 20 15 ATTEST:+Co CI LERK� MAYOR Approved by 4Ci Attorney's Office It was moved by Payne and seconded by adopted, and upon roll call there were: AYES: X X X X X X X pweng\masters\acpt-i mprovements. doc NAYS: 4d(6) Mims the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton � r mli'r � 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 September 30, 2015 Honorable Mayor and City Council Iowa City, Iowa Re: Brookwood Pointe Fourth Addition Dear Honorable Mayor and Councilpersons: hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Brookwood Pointe Fourth Addition 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, storm sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, -IL—� Jason Havel, E. City Engineer 4d(7) Prepared by: Josh Slattery, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 15-304 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR THE CROSSING COMMONS, 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: Storm sewer, and water main improvements for The Crossing Commons, as constructed by Carter and Associates, Inc. of Coralville, Iowa. Paving improvements for The Crossing Commons as constructed by Streb Construction Co., Inc. of Iowa City, 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 WHEREAS, the traffic control signs have been installed. 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 6th day of October 20 15 n MAYOR Approved by ATTEST: y+l,V c uti. g� _ BvCA— �,,.�.�� r i iP{L 11401 CIT LERK ity Attorney's Office �-jzjj It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x pweng\masters\acpt-improvements doc NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton � r ' All 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 September 30, 2015 Honorable Mayor and City Council Iowa City, Iowa Re: The Crossing Commons Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for The Crossing Commons 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, storm sewer and water main improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa and for the paving 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, ason Havel, P.E. City Engineer Prepared by: Kumi Morris, Public Works Department, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5044 RESOLUTION NO. 15-305 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NEUMANN MONSON ARCHITECTS, INC. TO PROVIDE ARCHITECTURE AND ENGINEERING CONSULTANT SERVICES FOR THE PUBLIC WORKS MASTER PLAN AND LANDFILL FACILITY MASTER PLAN PROJECT. WHEREAS, the City of Iowa City desires to update the Public Works Campus Master Plan as well as create a Landfill Facility Master Plan; and WHEREAS, the City issued a Request for Proposals, received three proposals from qualified firms, performed a competitive review and negotiation and selected Neumann Monson Architects, Inc. to conduct the design work for this project; and, WHEREAS, the City desires the services of a consulting firm to perform the services in three stages: Facility Programming and Needs Assessment, Site Opportunities and constraints Analysis and Facility Site and Master Plan Development; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Neumann Monson Architects, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Neumann Monson Architects, Inc.; and WHEREAS, funds for this project are available in the Public Works Facility Site Work account #P3956; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. 3. The City Manager is authorized to execute amendments to this contract as they may become necessary. Passed and approved this 6th day of October, 2015. al�� ATTEST: ��� �-�.,_ % q-30 ^ I J 'N ATTEST: CIT L ERK City Attorney's Office S:\ENG\PW\Resolutions\Project Resolutions\Consultant Agreement\Public Works Maslerplan with Neumann Monson Architects Consultant Agreement.doc Resolution No. ]Page 2 15-305 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: MAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne X Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 6th day of Ocotober, 2015, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Neumann Monson Architects Inc., hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City wishes to update the Public Works Campus Master Plan as well as create a Landfill Facility Master Plan; and WHEREAS, the City of Iowa City intends to consolidate several of its Public Works facilities into a single location. These facilities are currently located on two primary sites — the Riverside Drive Facility and the Napoleon Lane Facility; and, WHEREAS, a Landfill Facility Master Plan will review the existing structures, define specific facility program requirements, such as equipment storage, staff operations, scale of facilities for future growth/or reductions and efficiencies; and, WHEREAS, the Landfill Facility Master Plan will provide critical information for the planning of the future solid waste disposal expansion which defines potential cell growth and overall site planning; and, WHEREAS, the City desires the services of a consulting firm to perform the services in three stages: Facility Programming and Needs Assessment, Site Opportunities and constraints Analysis and Facility Site and Master Plan Development; and WHEREAS, the City desires to retain the Consultant, an architectural firm registered in the State of Iowa, to update the Public Works Master Plan as well as create a Landfill Facility Master Plan; and WHEREAS, the City sent out a Request for Proposals, received three proposals from qualified firms, performed a competitive review and selected Neumann Monson Architects to conduct the work for this project; and NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. 1. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Consultant shall provide master planning services, as detailed below, relative to site layout and building facilities for the public works campus, located at 3800 Napoleon Lane, in Iowa City. Consultant shall provide master planning services for building facilities to be located at the landfill site and coordinate with City's future Landfill Master plan consultant as to recommended site layout for these facilities relative to overall landfill master plan.. 50Z Consultant shall perform Phase 1 services in three stages: A. Stage 1 - Facility Programming and Needs Assessment a. Data Collection / Interviews: i. Conduct site visits to current facility sites for both the Landfill operations and the Public Works operations. The site information gathered will include but not be limited to taking photographs, gathering topographic information and identifying utility locations that will be part of the dialogue and included in the final analysis. ii. Conduct on-site interview sessions with user groups, determine current work flow operations and current space utilization, and review options for increased efficiencies and optimal space allocation. b. Programming: I. Conduct meetings and organize information between the consultant's sub - consultants, including Maintenance Design Group, Snyder & Associates Engineering, Genus Landscape Architects, and the City user groups. ii. Prepare a concise program of space needs. Prioritize program of space needs to identify potential project phasing. R. Stage 2 — Site Opportunities and Constraints Analysis a. Site inventory i. Consultant shall prepare a list of all intended equipment to be accommodated on Public Works and the Landfill sites and within any new proposed facility. b. Site analysis and evaluation i. Consultant shall evaluate current site constraints and opportunities relating to utilities, topography, and existing site amenities. ii. Consultant shall assist the City in determining if the current site will meet identified future needs or if additional property acquisition should be considered. c. Development of site analysis drawings and report i. Prepare documentation of site issues identified with recommendations on site development options that may best take advantage of exiting opportunities. C. Stage 3 — Facility Site and Master Plan Development a. Interactive design process (Charrette / workshops). I. Consultant shall coordinate and conduct on—site workshops with city user groups and sub -consultants. ii. Prepare drawings and other documents which depict several alternative concepts which satisfy program, schedule and budget requirements, and will make a recommendation to the City of the most appropriate alternative and/or a ranking of alternatives. Iii. Develop and document basic architectural design criteria for each space type identified in the program of space needs. iv. Develop "Facility Design Criteria Manual" enhanced documentation of each space type identified in the program of space needs including mechanical, electrical, plumbing, telecommunication, and data requirements and proposed equipment list for each space. D. Development of Final Deliverables, Presentation and Report: a. Preliminary equipment list 111011 b. Final space needs assessment / facility program c. Site master plan concept d. Conceptual building floor plans e. Probable opinion of cost f. Final feasibility study including "next steps recommendations" g. Public presentation II. TIME OF COMPLETION The Consultant shall complete the following stages of the Project in accordance with the following schedule: Complete stage 1 services November 13, 2015 Complete stage 2 services December 30, 2015 Complete Stage 3 services February 12, 2016 Presentation of findings and recommendations for Public Works Campus Master Plan and Landfill Facility Master Plan on or about March 14, 2016. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purposes of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. -4- G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES A. Compensation for the Scope of Services described in Section I is to be based on an hourly fee not to exceed $120,500 (One Hundred Twenty Thousand five Hundred Dollars) based upon the hourly rate schedule attached hereto as Exhibit A. Said not to exceed fee includes the fees of subconsultants as set forth on Exhibit B attached hereto. Sub -consultant's hourly rates will be billed at a rate of 1.1 times the expense incurred by Consultant. B. Reimbursable Expenses defined below, shall not exceed $12,500. Said expenses may include transportation in connection with the Project. In no event shall the City be -5 - responsible for reimbursing Consultant for any air travel in excess of $600, lodging at $175 / night, rental car fees at $65/day. Mileage to be calculated at standard IRS allowable rate per mile. Reproductions, plots, standard form documents, postage, handling and delivery of Instruments of service; renderings, models, and mock-ups requested by the City, other similar Project -related expenditures. Reimbursable Expenses shall be reimbursed at a rate of 1.1 times the expense incurred by Consultant or sub -consultants. C. Phase 1 project total shall not exceed $133,000, for both the fees and reimbursable expenses. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Architectural Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. D. Upon completion of the Scope of Services detailed above, the City shall have the option in its sole discretion, to retain and enter into a separate contract with Consultant for the fee as set forth in subparagraph D (g) hereof, to perform certain Phase II services which may include, but not be limited to, the following: a. SCHEMATIC DESIGN: I. Conduct meeting(s) with the City staff to confirm the Program requirements previously established by the Master Plan study. Consultant shall ascertain the current wants and/or versus needs for the facility and exterior spaces. The meetings will involve input process involving city user groups. ii. Prepare drawings and other documents which depict alternative concepts which satisfy program, schedule and budget requirements, and will make a recommendation to the City of the most appropriate alternative and/or a ranking of alternatives. iii. Assist in geotechnical services and survey work, which shall include a site analysis, including access to neighboring roads and trails. iv. Determine if a phased implementation plan will be necessary. v. Establish preliminary costs estimates for each phase, if phasing is recommended. vi. Create renderings of the schematic site plan and proposed building(s) to be used by the City and for public presentations of the proposed facility. vii. Provide presentations to City Staff, City Council, and the public to provide an appropriate summary of the project as needed. b. DESIGN DEVELOPMENT: I. Development documents consisting of drawings and other documents to fix and describe the size and character of the Project, as to the architectural, structural, electrical, civil and mechanical systems. These documents shall also include information on materials and other such elements as may be appropriate. ii. Compile comprehensive equipment list and specifications. iii. Organize and coordinate information from the City and external entities, such as Utility companies. iv. Advise the City of any adjustments to the preliminary estimate of Construction Costs. c. CONSTRUCTION DOCUMENTS: i. Based on approval of the Design Development Documents, the Consultant shall prepare Construction Documents consisting of Drawings and Specifications setting forth detail in the requirements for the construction of the Project which shall comply with all regulatory requirements of the Iowa City Building and Fire Codes, Workplace, Health and Safety, the State, OSHA and Controlled Product Standards and any other applicable codes/bylaws ii. Assist the City in the preparation of necessary bidding information and contractual documentation. iii. Assist the City in the City's responsibilities for filing documents required for the approval of governmental authorities having jurisdiction over the Project. iv. Establish a final construction cost estimate. d. BIDDING AND NEGOTIATION: i. Assist the City in preparation of bid documents, conduct the pre-bid meeting, formally answer bidders' questions, and review and analyze the bid documents and make a formal recommendation to the City. e. CONSTRUCTION ADMINISTRATION: i. Provide administration of the construction according to the City -approved plans and specifications. -7 - ii. Review and monitor the costs and schedule throughout the process; immediately report any deviations from approved cost and schedule to the City. Track all project costs, including soft costs, and other project charges as provided by the City, to ensure that overall budget guidelines are followed. iii. Provide Record Drawings. iv. At completion of the project consultant is permitted to apply for and retain Federal Energy Tax Credits, if applicable. f. SUBCONSUI-TANT SCOPE: I. Consultant shall retain as a sub -consultant, Maintenance Design Group to perform the following services during Phase II: a. Schematic Design: Assist in the development and layout of shop and work environments. b. Design Development: Prepare equipment specifications and cut sheets. C. Construction Documentation: review all shop related documentation in drawings and specification; assist with review of equipment selection and location to ensure owners design intent is achieved in all work areas. d. Bidding and Negotiation: Review proposals for equipment costs. e. Construction Administration: Conduct three site visits- one for the pre -construction meeting, one during the installation of the shop environment equipment and one post -construction visit to develop a punch list of shop environments. g. COMPENSATION FOR SERVICES FOR PHASE II SCOPE Consultant fee for Phase II Services. If the City exercises its option to contract for such services, the fee will be 8% of the estimated construction cost plus reimbursable expenses. FOR THE CITY Lew_. FOR TANT By: Title:— Mayor Date: October 6, 2015 Title: j Ilt��1ot�2, Date:_ 11 0 ( S— ATTEST:S _ i� Annroved by: aN. itvytorney's Office -moo iJ Date S:1ENGARCHITECTURE FILE%P(O,*eclslPub-IC Works Alaslerplan 2015-1 OtFinal Agreement with Neumann Monson for Facility Master Plan Update 00 28 2015 (3).doc Exhibit A ® Neumann Monson Architects Schedule of Hourly Rates 2015 Vatiotts yersonnal of the fill, have been classified according to experience and technical training, and the follcaing schedule of chargesfor services gill apply for all %ark parforred during 2015. For the t=k undertaken in subsequent years, this schedule ray ba negotiated upwArd as a direct result of salary escalation, Classification I lourly mate Clerical 1 $60.00 Clerical II $65.00 Clerical III $70.00 CAD Operator 1 $75.00 CAD Operator II $80.00 CAD Operator III $85.00 CAD Operator IV $90.00 Technical Staff 1 $100.00 Technical Staff II $105.00 Technical Staff III $115.00 Technical Staff IV $125.00 Technical Staff V $135.00 Interior Designer 1 $75.00 Interior Designer II $85.00 Interior Designer III $90.00 Interior Designer IV $95.00 Intern Architect 1 $80.00 Intern Architect II $85.00 Intern Architect 111 $90.00 Intern Architect IV $95.00 Intern Architect V $100.00 Architect 1 $110.00 Architect it $115.00 Architect III $120.00 Associate 1 $125.00 Associate II $135.00 Associate III $145.00 Associate IV $155.00 Associate V $165.00 Principal 1 $175.00 Principal 11 $205.00 Exhibit B Sub -Consultant Hourly Rates: Maintenance Desian Groun: Facility Design Principal $ 242.00 Senior Facility Design Manager $ 223.00 Engineer Lead $ 223.00 Facility Design Manager $166.00 Senior Facility Design Manager $140.00 EIT/Designer $ 102.00 Facility Designer $102.00 Project Assistant $ 83.00 Wider and Associates: Senior Project Manager $152.00 Engineer $ 90.00 Genus: Principal $ 160.00 Project Manager $100.00-105.00 Project Landscape Architect $ 80.00-95.00 Professional Staff $ 55.00-80.00 Administrative $ 45.00 Above listed hourly rates are valid for all work performed in 2015. For work performed in in subsequent years scheduled rates will be adjusted according to salary escalation. Rates represent sub -consultant's rate to be charged to consultant, sub -consultants hourly rates to be billed to City at a rate of 1A times expense incurred by consultant. JO -06-15 r CITY OF IOWA CITY 4d(8) MEMORANDUM DATE: September 4, 2015 TO: Tom Markus, City Manager FROM: Jon Resler, Streets Division of Public Works RE: Consultant Agreement with Neumann Monson Architects for the Public Works Master Plan Update and the Landfill Facility Master Plan Introduction: The original 2002 City of Iowa City Public Works Campus Master Plan is no longer current. The City has started budgeting for additional facility improvements and preparing for opportunities to sell land at existing municipal sites, making the campus master plan update a more urgent project. Related to the update of the Public Works Campus Master Plan, the Resource Management Division has a need to create a Landfill Facility Master Plan for a separate site. The City needs recommendations and specifications to update a cost effective and operational Public Works Campus Master Plan and a Landfill Facility Master Plan that has the flexibility to accommodate future growth and technology. These master plans will be used to develop detailed architectural drawings and site plans, along with detailed cost estimates, so that as budgets allow, projects may begin to move forward. History/Background: Public Works Campus The City of Iowa City intends to consolidate several of its Public Works facilities into a single location. These facilities are currently located on two primary sites — the Riverside Drive Facility and the Napoleon Lane Facility. The Riverside Drive Facility is located on the southeast corner of Highway 6 and Riverside Drive. This facility includes administrative and garage space for Transit, Refuse, and Equipment/Fleet divisions. It also includes a vehicle wash, sign shop, traffic engineering shop, and mechanic shop. During the flooding of the Iowa River in the summer of 2008, access routes to the Riverside Drive Facility were cut off due to high water, limiting fuel availability to service and emergency vehicles. Because of the potential risk of future flooding, long term plans to eliminate operations on Riverside Drive and relocate them to Napoleon Lane have accelerated. The Napoleon Lane Facility is located on a 20 -acre site on South Gilbert Street between Napoleon Lane and McCollister Boulevard. Since the completion of the original Public Works Master Plan in 2002 many updates have occurred on the site. A significant portion of the facility offices were constructed, as well as the addition of a salt storage building, warm storage building, fuel island, and the exterior wash. Remaining are three original WWII Quonset style structures still used for cold equipment storage. In addition, a new animal shelter just west of the public works campus site, was not foreseen in the original 2002 area master plan. Master plan updates should also incorporate details for the future transit storage and maintenance facility. September 30, 2015 Page 2 Landfill Facilities There is a need for a long-term plan and facility upgrades at the Landfill for current and future services. The current administration building is not adequate for the administrative and operational needs. The building is made of structural wall materials and sited in such a way that it would be very difficult and expensive to expand. It may be possible to remove some workspace in the Household Hazardous Waste (HHW) operations area and build interior walls to create two new offices, but that would be at the expense of the work area. There is a newer storage building located to the north of the administration building that could be remodeled into office space; however, the building is not insulated or heated and lacks water and sewer services. Building A (north/south building) is another option to consider for administrative space. It has water and sewer service but is in need of improvement after 40 years. This building could be expanded to the north along with improving Building B (east/west building) to connect the buildings and create additional offices, restroom, and conference room space. Improving Building B is a challenge as it is 43 years old and at the end of its useful life. The roof and walls leak and are not well insulated. In addition, the wall posts are rotten and the overhead doors do not close completely. To accommodate the new composting machine, taller doors are needed. Finally, the floor is in poor shape and the wall hanging heaters are old and inefficient. Improvements proposed for Building B should be planned together with improvements for Building A. Landfill operations have continued to expand, creating a need for several upgrades. The Landfill Facility requires expanded administrative space with offices, conference rooms, showers, and restrooms. There is also a need for additional equipment storage space. Consultant Selection Process: The City issued a Request for Proposals and received three proposals from architectural and engineering firms. A selection committee was formed consisting of five City staff members to review the proposals. Based on the proposal review, two firms were selected for interviews. The review committee was unanimous in their selection of Neumann Monson based on their proposal, interview, references, past performance, and two recently successful projects for similar facilities in the City of Cedar Rapids and City of Des Moines. Initial proposal fees varied greatly between the consultants and Neumann Monson proposed the broadest scope and fee. As a result, members of the selection committee asked Neumann Monson to provide a detailed accounting of the hours in their scope and rates to negotiate the necessity of particular tasks and justification of the fee. After these negotiations, the selection committee felt comfortable moving forward with a recommendation to contract with Neumann Monson for the project. Discussion of Solutions: The next step in this process is to proceed with services of an architectural and engineering consulting firm with experience in municipal public works and landfill master plans to perform three stages of services: • Facility Programming and Needs Assessment (stage 1), • Site Opportunities and Constraints Analysis (stage 2) and • Facility Site and Master Plan Development (stage 3); 2 of 3 pages September 30, 2015 Page 3 The following is the proposed project schedule: Council Awards agreement Complete stage 1 services Complete stage 2 services Complete stage 3 services Final Master Plan reports Financial Impact: October 6, 2015 November 13, 2015 December 30, 2015 February 12, 2016 March 14, 2016 The agreement is an hourly not to exceed fixed fee of $120,500.00 with a not to exceed reimbursable of $12,500.00; for a total not to exceed fee of 133,000.00. The Master plan consulting work will be funded from account P3956, the Public Works Facility Site Work Account which is funded by General Obligation Bond Proceeds and Landfill Revenue Proceeds. Recommendation: Staff recommends that Council approve entering into an agreement with Neumann Monson PC. cc: Kumi Morris, Engineering Division Ron Knoche, Public Works Department Chris O'Brien, Resource Management Department S:\ENGWRCHITECTURE FILE\Projects\Public Works Masterplan 2015-16\Memo to City Manager- contract Neumann Monson for Public Works Masterplan for 10 06 2015- Updated.doc 3 of 3 pages Prepared by: Scott Sovers, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 RESOLUTION NO. 15-306 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WILLOW CREEK/KIWANIS PARK IMPROVEMENTS PROJECT - PHASE 1. WHEREAS, All American Concrete, Inc. of West Liberty, IA has submitted the lowest responsible bid of $349,554.00 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 Willow Creek/Kiwanis Master Plan/Splash Pad account # R4322. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project for the base bid plus Alternate #1 is hereby awarded to All American Concrete, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign the contract for construction of the above-named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 6th day of October 20 15 Az MAYOR ATTEST: �tos.,�.Q �,, CI LERK Approved by 'RIZZ5� �C)-,;)_rF City Attorney's Office It was moved by Panne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton NOTICE TO BIDDERS 2015 WILLOW CREEK/KIWANIS PARK IMPROVEMENTS PROJECT PHASE 1 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 30th day of September, 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 6th day of October, 2015, or at special meeting called for that purpose. The Project will involve the following: Removal of existing HMA and chip trail, construction of PCC trail, construction of park restroom, installation of utility connections, creek bank restoration, and site restoration. All work is to be done in strict compliance with the plans and specifications prepared by HBK Engineering, LLC of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by AF -1 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 five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Early Start Date: October 12th, 2015 Completion Date: April 301h, 2016 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of City of Iowa City Engineering Division, Iowa City, Iowa, by bona fide bidders. The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of HBK Engineering, LLC, 509 S Gilbert Street, Iowa City, Iowa, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this 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 AF -2 _,~1-1 CITY OF IOWA CITY �-wMEMORANDUM Date: October 5, 2015 To: Tom Markus, City Manager From: Geoff Fruin, Assistant City Manager Re: Willow Creek / Kiwanis Park Renovation Project Willow Creek, a 27 acre park founded in 1972, is located on Teg Drive on the City's west side. Willow Creek is directly adjacent to Kiwanis Park, which is a 14 acre park that was added to the community's open space inventory in 1993. The two parks function as neighborhood amenities and also serve as programming locations for youth sports. The Willow Creek Trail runs through both parks and is heavily used by a wide -range of community members. Recognizing the age of the two parks and the associated amenities, the City embarked on a master planning process in 2014. HBK Engineering led the planning process that involved a comprehensive review of the existing park amenities and public input sessions. The planning process resulted in the identification of several park upgrades, which for cost reasons will need to be split into two to three phases to fully complete. The adopted budget includes $350,000 for phase one improvements to Willow Creek and Kiwanis Parks. In July, the City bid phase one improvements, which included significant trail restoration, a restroom addition in Kiwanis Park, and new recreation backstops. Stream bank restoration was included as an alternate. Bids received were higher than expected and the City Council rejected the bids at staffs recommendation. Staff has since rebid the project with an extended completion deadline and a shift of the Kiwanis restroom addition to a second alternate along with the stream bank restoration. The second round of bids were received last week. HBK Engineering and staff have reviewed the bids and are recommending award to All American Concrete. Staff's recommendation includes the base bid of trail restoration and new backstops, as well as alternate one which is the new restroom at Kiwanis Park. Staff is not recommending the acceptance of the second alternate, which is the stream bank restoration. The base bid plus alternate one totals $346,974. A copy of the complete bid tabulation is attached to this memo. Although the bid is below the budgeted amount of $350,000, the project will come in $20,000 to $30,000 over budget as park planning expenses have also been charged to this account. Despite the added costs, staff believes the alternate bid amount on the restroom is favorable and recommends moving ahead with it at this time, as opposed to pushing it out to a future phase. If the City Council concurs with staffs recommendation and awards the bid, it is expected that work will begin this fall and be completed next spring. 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Washington St., Iowa City, IA 52240 (319) 356-5252 (SUB15-00012) RESOLUTION NO. 15-307 RESOLUTION APPROVING FINAL PLAT OF SYCAMORE WOODS, PART 1, IOWA CITY, IOWA. WHEREAS, the owner, Saddlebrook Meadows Development, filed with the City Clerk the final plat of Sycamore Woods, Part 1, 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 Southeast Quarter of Section 23, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N88047'11 8"E, along the South Line of said Southeast Quarter of the Southeast Quarter, 242.15 feet; Thence N44027'58"W, 56.83 feet; Thence N46014'30"W, 54.60 feet; Thence N38051'08"W, 53.82 feet; Thence N26'1 4'24"W, 53.82 feet; Thence N1 3037'40"W, 53.82 feet; Thence N01 *44'53"W, 47.59 feet; Thence N09023'58"E, 47.59 feet; Thence N20032'49"E, 47.59 feet; Thence N31 °41'39"E, 47.59 feet; Thence N42014'40"E, 42.51 feet; Thence N53°50'36"E, 55.47 feet; Thence WW52'39"E, 61.17 feet; Thence S89°52'53"E, 61.17 feet; Thence S68°38'58"E, 160.52 feet; Thence N38019'51"E, 63.70 feet; Thence N88047'11 8"E. 84.36 feet; Thence Northwesterly, 53.01 feet, along a 145.00 foot radius curve, concave Southwesterly, whose 52.71 foot chord bears N13°39'39"W; Thence N24°08'02"W, 75.00 feet; Thence Northwesterly, 83.73 feet, along a 205.00 foot radius curve, concave Northeasterly, whose 83.15 foot chord bears N12°26'00"W; Thence N00°43'58"W, 10.50 feet; Thence N89°16'02"E, 60.00 feet; Thence S00043'58"E, 10.50 feet; Thence Southeasterly, 59.22 feet, along a 145.00 foot radius curve, concave Northeasterly, whose 58.81 foot chord bears S12°26'00"E; Thence S24°08'02"E, 75.00 feet; Thence Southeasterly, 62.99 feet, along a 205.00 foot radius curve, concave Southwesterly, whose 62.74 foot chord bears S15°19'54"E; Thence N88047'18"E, 95.88 feet; Thence S46°12'42"E, 42.43 feet; Thence S01 °12'42"E, 149.00 feet; Thence N88°47'18"E, 115.00 feet; Thence S46°12'42"E, 35.36 feet; Thence S01 °12'42"E, 100.00 feet; Thence N88047'18"E, 139.90 feet; Thence Southeasterly, 149.16 feet, along a 230.00 foot radius curve, concave Southwesterly, whose 146.56 foot chord bears S72°37'57"E; Thence N35°56'47"E, 62.89 feet; Thence N78004'41"E, 57.06 feet; Thence S89016'30"E, 111.62 feet, to a Point on the West Line of Whispering Meadows Subdivision Part Two, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 99 of the Records of the Johnson County Recorder's Office; Thence NO2025'28"W, along said West Line, 8.20 feet; Thence N1 5053'48"E, along said West Line, 114.86 feet; Thence N06°31'40"W, along said West Line, 159.34 feet; Thence S81°09'31"W, 161.62 feet; Thence S66°32'45"W, 54.21 feet; Thence S88°54'34"W, 50.60 feet; Thence N76°06'49"W, 50.64 feet; Thence N60°16'35"W, 42.90 feet; thence N33019'04"W, 78.80 feet; Thence N23°10'13"W, 60.77 feet; Thence N05°41'58"E, 61.74 feet; Thence N26°37'28"E, 61.74 feet; Thence N35°05'53"E, 102.42 feet; Thence N88°56'32"E, 38.74 feet, to a Point on said West Line of Whispering Meadows Subdivision Part Two; Thence N00°43'58"W, along said West Line, 203.50 feet; Thence N89016'02"E, along said West Line, 12.29 feet; Thence N00°43'58"W, along said West Line, 127.00 feet, to the Northwest Corner thereof, and a Point on the South Line of Lakeside Addition in accordance with the Plat thereof Recorded in Plat Book 9 at Page 99 of the Records of the Johnson County Recorder's Office; Thence S89°16'02"W, along said North Line, 658.90 feet; Thence S00°43'58"E, 180.50 feet; Thence S89°16'02"W, 151.50 feet; Thence S00°43'58"E, 125.00 feet; thence S89°16'02"W, 180.00 feet; Thence S84°57'32"W, 50.17 feet; Thence S7V57'01"W, 47.76 feet; Thence S66°14'16"W, 96.92 feet, to a Point on the East Line of Parcel 2A, in accordance with the Plat thereof Recorded in Book 2968 at Page 295 of the Records of the Johnson County Recorder's Office; Resolution No, 15-307 Page 2 Thence S00°44'22"E, along said West Line, and the West Line of Parcel 4A, in accordance with the Plat thereof Recorded in Book 3041 at Page 523 of the Records of the Johnson County Recorder's Office, 759.74 feet, to the Point of Beginning. Said Tract of Land contains 18.24 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: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 6th day of October , 20 15 MAYOR C ATTEST. CITY C ERK pcdhemplales/RESOLUTION Part 1.doc.doc Approved by City Attorney's Office Resolutioea No. 15-307 Page 3 It was moved by Payne and seconded by __ Mims _ the Resolution be adopted, and upon roll call there were: -- AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns R x Hayek Mims x x Payne Throgmorlon 1 STAFF REPORT To: City Council Item: SUB15-00012, Sycamore Woods, Part 1 SUB15-00013, Sycamore Woods, Part 2 SUB15-00014, Sycamore Woods, Part 3 SUB15-00015, Sycamore Woods, Part 4 SUB15-00016, Sycamore Woods, Part 5 SUB15-00017, Sycamore Woods, Part 6 GENERAL INFORMATION: Prepared by: Sarah Walz, Associate Planner Date: October 6, 2015 Applicant: Saddlebrook Meadows Development 2871 Heinz Road Iowa City, IA 52240 319-354-1961 sgordon@ammanagement.net Contact Person: Steve Gordon Requested Action: Final plat approval Purpose: Development of a 115 -lot single-family residential subdivision with a mix of detached and attached dwellings. Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: East of the Sycamore Greenway, south of Regal and Amber Lanes, and west of Whispering Meadows Subdivision. 34.86 acres Undeveloped; OPD -8, OPD/RS12 North: Single-family residential; RS -5 South: Undeveloped Johnson County; Sycamore Greenway East: Single Family and Two -Family Residential; RS -12 West: Undeveloped land and public open space (Sycamore Greenway) The Comprehensive Plan identifies this area as appropriate for duplex and small lot single-family residential. Grant Wood (S2) File Date: August 25, 2015 2 60 -Day Limitation Period: October 24, 2015 BACKGROUND INFORMATION: The applicant, Saddlebrook Meadows Development, has submitted final plats for Sycamore Woods, Parts 1-6. The subdivision is located east of the Sycamore Greenway Trail, south of Amber and Regal Lanes, and west of the Whispering Meadows subdivision. A preliminary plat for the entire area was approved in November 2014. In total, the subdivision includes 34.86 acres with 115 residential lots. The development will rely on an extension of Whispering Meadow Drive, which will extend west across the Greenway to connect with Sherman Drive in the General Quarters Subdivision. This road extension will provide a connection between Sycamore Street and development east of the Greenway and south of Lakeside Drive. An extension of Blazing Star Drive at the south end of the development will provide additional connectivity for the Whispering Meadows Subdivision. ANALYSIS: The final plat of Sycamore Woods is in general compliance with the approved preliminary plat and subdivision regulations. Legal papers and construction drawings are currently being reviewed by staff, including the required wetland mitigation plan and long-term management plan. It is anticipated that these documents will be approved prior to the October 6 Council Meeting. Part 1 is a 47 -lot, 18.24 acre subdivision that includes the two large outlots (a total of 13.30 acres). The two outlots are to be set aside in a conservation easement to preserve sensitive environmental features, including woodlands, regulated wetlands, and a regulated stream corridor. Stormwater will be conveyed across the outlots via the stream corridor draining into to the Sycamore Greenway, which provides stormwater management for a large area within the South Planning District. The subdivider's agreement includes an extensive wetland mitigation plan that requires the developer to submit annual reports to the City during construction of the wetlands. Legal papers also include a long-term management plan that outlines maintenance activities and costs, which will eventually become the responsibility of the homeowners' association. • Part 2 is a 32 -lot, 4.6 acre subdivision will extend south from Whipering Meadows Drive along Verbena Drive. It includes a small outlot providing connection to the Sycamore Greenway. • Part 3 is a 15 -lot, 3.286 acre subdivision to be constructed located south of Amber Lane, and provides the final extension of Whispering Meadows Drive across the Greenway, connecting to Sherman Drive. • Part 4 is a 14 -lot, 3.75 -acre cul-de-sac subdivision to be constructed east of the Greenway Trail. • Part 5 is an 8 -lot, 2.0 -acre subdivision to be constructed from a northwest extension of Blazing Star Drive. • Part 6 is a 14 -lot, 2.99 acre cul-de-sac subdivision to be constructed along Indigo Drive. The conditional zoning agreement (CZA) for the property includes requirements for the developer to construct Whispering Meadows Drive to the western edge of the Sycamore Greenway (connecting into the General Quarters subdivision) and to extend Blazing Start Drive to the east across a portion of City -owned property adjacent to the Greenway trail. The City will provide for temporary construction easements on city property to allow for the construction of Whispering PCD\Staff Reportsksubl5-00012-00017 sycamore woods final plat.docx Meadows Drive across the Sycamore Greenway and for the extension of Blazing Star Drive across City owned property. The CZA also requires a wetland mitigation plan approved by the Army Corps of Engineers and other applicable State and Federal agencies prior to development activity and addresses maintenance of wetland during and after housing construction. Copies of all site visit reports and annual monitoring reports submitted to the Army Corps of Engineers will be sent concurrently to the City. The wetland mitigation site will be monitored by a wetland specialist for a period of not less than 5 years and continuing until 85% of the lots abutting the wetlands are developed and the other 15% of the lots abutting the wetlands are stabilized from erosion. Written reports by the wetland specialist shall be submitted to the City after every site visit and at least 3 site visits and reports shall occur per construction season, which for purposes of this agreement is defined as March 1 to October 31. Repair of any noted damage to the wetlands during the monitoring period is the responsibility of the owner and/or applicant. Prior to approving a final plat, the CZA requires the applicant to submit a maintenance plan prepared by a wetland specialist and approved by the City that estimates maintenance costs for the wetland areas and private open space within Outlots A and B, specifically details long-term maintenance responsibilities, and describes generally to whom these responsibilities will be assigned. The applicant has submitted a maintenance plan for which staff has requested some revision. We anticipated revisions before Council meets on October 6. Neighborhood Open Space: The Neighborhood Open Space Plan identifies the proposed subdivision as part of the Grant Wood Neighborhood Open Space District (S2). The neighborhood open space ordinance requires that the developer dedicate 1.82 acres of land or pay fees in lieu of. The developer will dedicate Outlot C in Part 2 (0.08 acres of land), which will provide access to the Sycamore Greenway Trail. The Parks and Recreation Department will accept dedication of Outlot C to satisfy a portion of the neighborhood open space requirement. The developer will meet the remainder of the Neighborhood Open Space requirement by paying a equivalent to the value of 1.74 acres of property. This requirement will be addressed in the legal papers. Infrastructure Fees: Infrastructure fees include $395 per acre for water main extension fees. (additional fees) Payment of these fees should be addressed in the legal papers. Sanitary Sewer: A tap on fee of $1,796.50 per acre is required for the South Sycamore Sanitary Trunk Sewer. Storm water management: South Sycamore Regional Greenspace and Drainage Corridor Fee is required at $2,775.28 per acre. STAFF RECOMMENDATION: Staff recommends approval of SUB15-00012-17, final plats of Sycamore Woods Parts 1-6, a 115 - lot, 34.86 -acre residential, commercial subdivision located east of the Sycamore Greenway, south of Regal and Amber Lanes, and west of Whispering Meadows Subdivision subject to approval of a maintenance plan by Staff and legal papers by the City Attorney. ATTACHMENTS: 1. Location Map 2. Final plat Approved by: / -4/- r'�'�-� John Yapp, Development Services Coordinator, Department of Neighborhood and Development Services PCD\Staff Reports\subl5-00012-00017 sycamore woods final plat.dou Ar"t: are♦ , CT ✓� wr--- H HBMB.©R o d'dKVVE 1 r --------------------I Vin' I .P e I` �. 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L1J � a o. ode :X �so333€0€ LL 0 - ♦ ; " \OLL} 3 A ryr ra 3��33°i °..d xF— a R �3- 'z- oz) "B ' oz) i 4,o'"g� E.'8 35€�aoo �U/mom Ing soo�i.. •=�hBa�$e� J OZ R >E"-6ga F�En en�fr °) Z O F joa3 „�'€� J,U)i QO LL '� w5 9o�1s3 m_ °91� z oz°s Z > O Q Z d mat sF 9 d a U_ W ' o O , P: O°LLQ" O Z �W�V g�c s 4 s z ®' a�w�j s >s m P LL F=— S U U. z O O o _ !^ v, Q s a OCL of RR ]� Z,9 , NO --------- THSTLE CO°URI - - ` 11111 -- P--_ Y �7, wa ig S � sa$ a i d mat sF 9 d a g�c s 4 s gggoo I s >s - - ` 11111 -- P--_ Y �7, wa ig d mat sF 9 d a gggoo ]� < A I� �8 3 MIT"Ir- 4d(11) Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 (SUB15-00013) RESOLUTION NO. 15-308 RESOLUTION APPROVING FINAL PLAT OF SYCAMORE WOODS, PART 2, IOWA CITY, IOWA. WHEREAS, the owner, Saddlebrook Meadows Development, filed with the City Clerk the final plat of Sycamore Woods, Part 2, 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: Commencing at the Southeast Corner of Section 23, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S88°47'18"W, along the South Line of the Southeast Quarter of the Southeast Quarter of said Section 23, a distance of 383.81 feet to the Point of Beginning; Thence continuing S88047'18"W, along said South Line, 440.00 feet; Thence N01°12'42"W, 120.00 feet; Thence S88°47'18"W, 3.43 feet; Thence N01012'42"W, 300.88 feet; Thence N38°19'51"E, 63.70 feet; thence N88047'18"E, 84.36 feet; Thence Northwesterly, 53.01 feet along a 145.00 foot radius curve, concave Southwesterly, whose 52.71 foot chord bears N13°39'39"W; Thence N24°08'02"W, 75.00 feet; Thence Northwesterly, 83.73 feet along a 205.00 foot radius curve, concave Northeasterly, whose 83.15 foot chord bears N12°26'00"W; Thence N0043'58"W, 10.50 feet; Thence N89016'02"E, 60.00 feet; Thence S00°43'58"E, 10.50 feet; Thence Southeasterly, 59.22 feet along a 145.00 foot radius curve, concave Northeasterly, whose 58.81 foot chord bears S12°26'00"E; Thence S24°08'02"E, 75.00 feet; Thence Southeasterly, 62.99 feet along a 205.00 foot radius curve, concave Southwesterly, whose 62.74 foot chord bears S15°19'54"E; Thence N88047'18"E, 95.88 feet; Thence S46°12'42"E, 42.43 feet; Thence S01012'42"E, 149.00 feet; Thence N88°47'18"E, 115.00 feet; Thence S46°12'42"E, 35.36 feet; Thence S01012'42"E, 160.00 feet; Thence S88°47'18"W, 6.57 feet; Thence S01 °12'42"E, 120.00 feet, to the Point of Beginning. Said Tract of Land contains 4.60 Acres (200,516 square feet), 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: The said final plat and subdivision located on the above-described real estate be and the Resolution No. 15-308 Page 2 same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The City shall accept dedication of outlot "C" (0.08 acres of land) upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 6th day of October , 20 15 d -,-t--KL S�f, A MAYOR Approved by ATTEST:C �a,..� z� Clll�ERK City Attorney's Office It was moved by Payne adopted, and upon roll call there were: AYES: PA X X X X X X p,dUmplaleVRESOLUTION Patl 2Am d.c NAYS: and seconded by Mims the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 10-06-15 4d(12) lel! Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 (SUB15-00014) RESOLUTION NO. 15-309 RESOLUTION APPROVING FINAL PLAT OF SYCAMORE WOODS, PART 3, IOWA CITY, IOWA. WHEREAS, the owner, Saddlebrook Meadows Development, filed with the City Clerk the final plat of Sycamore Woods, Part 3, 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 a the Southwest Corner of Lot 13 of Lakeside Addition, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 9 at Page 99 of the Records of the Johnson County Recorder's Office; Thence N89016'02"E, along the South Line of said Lakeside Addition, 516.10 feet; Thence S00°43'58"E, 180.50 feet; Thence S89°16'02"W, 151.50 feet; Thence S00043'58"E, 125.00 feet; Thence S89°16'02"W, 180.00 feet; Thence S84°57'32"W, 50.17 feet; Thence S70°57'01"W, 47.76 feet; Thence S66°14'16"W, 96.92 feet, to a Point on the East Line of Parcel 2A, in accordance with the Plat thereof Recorded in Book 2968, at Page 295 of the Records of the Johnson County Recorder's Office; Thence N00°44'22"W, along said East Line, and the East, and the East Line of Auditor's Parcel 98031, in accordance with the Plat thereof Recorded in Book 2659 at Page 274 of the Records of the Johnson County Recorder's Office, 362.19 feet, to the Point of Beginning. Said Tract of Land contains 3.28 Acres (142,698 square feet), 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: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after Resolution No. 15-309 Page 2 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 6th day of MAYOR ATTEST: C\ — n `C CIT LERK October ,20 15 Approved by �qq dOZ�G>2 a2°y7�zr��,�r�� City Attorney's Office It was moved by Payne and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Mims X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton pcdltemplatesfRESO W TION Part 3.docdoc the Resolution be 1id�l!' 4d(13) Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 (SUB15-00015) RESOLUTION NO. 15-310 RESOLUTION APPROVING FINAL PLAT OF SYCAMORE WOODS, PART 4, IOWA CITY, IOWA. WHEREAS, the owner, Saddlebrook Meadows Development, filed with the City Clerk the final plat of Sycamore Woods, Part 4, 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: Commencing at the Southeast Corner of Section 23, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S88047'18"W, along the South Line of said Southeast Quarter of the Southeast Quarter of said Section 23, a distance of 823.81 feet, to the POINT OF BEGINNING; Thence continuing S88°47'18"W, along said South Line, 252.76' feet; Thence N44027'58"W, 56.83 feet; Thence N46°14'30"W, 54.60 feet; Thence N38051'08"W, 53.82 feet; Thence N26°14'24"W, 53.82 feet; Thence N1 3'37'40"W, 53.82 feet; Thence N01 °44'53"W, 47.59 feet; Thence N09°23'58"E, 47.59 feet; Thence N20°32'49"E, 47.59 feet; Thence N31°41'39"E, 47.59 feet; Thence N42°1440"E, 42.51 feet; Thence N53050'36"E, 55.47 feet; Thence N70052'39"E, 61.17 feet; Thence S89°52'53"E, 61.17 feet; Thence S68°38'58"E, 160.52 feet; Thence S01°12'42"E, 300.88 feet; Thence N88047'18"E, 3.43 feet; Thence S01°12'42"E, 120.00 feet, to the POINT OF BEGINNING. Said Tract of Land contains 3.75 Acres (163,424 square feet), 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 and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after Resolution No. 15-310 Page 2 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 6th day of October '2015. MAYOR Approved by ATTEST:_�3i �ireu✓ ne%asz, CITY&LERK City Attorney's Office It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X pcdltemplalesl RESOLUTION Part 4.doc.doc NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 10- 4d(14) Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 (SU615-00016) RESOLUTION NO. 15-311 RESOLUTION APPROVING FINAL PLAT OF SYCAMORE WOODS, PART 5, IOWA CITY, IOWA. WHEREAS, the owner, Saddlebrook Meadows Development, filed with the City Clerk the final plat of Sycamore Woods, Part 5, 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 Southeast Corner of Section 23, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S88'47'1 8"W, along the South Line of the Southeast Quarter of the Southeast Quarter of said Section 23, a distance of 383.81 feet; Thence N01 °12'42"W, 120.00 feet; Thence N88'47'1 8"E, 6.57 feet; Thence N01 °12'42"W, 60.00 feet; Thence N88°47'18"E, 139.90 feet; Thence Southeasterly, 149.16 feet along a 230.00 foot radius curve, concave Southwesterly, whose 146.56 foot chord bears S72°37'57"E; Thence N35056'47"E, 62.89 feet; Thence N78'04'41 "E, 57.06 feet; Thence S89°16'30"E, 111.62 feet, to a Point on the West Line of Whispering Meadows Subdivision Part Two, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 99, of the Records of the Johnson County Recorder's Office; Thence S02°25'28"E, along said West Line, 187.94 feet, to the Southwest Corner thereof, and a Point on the North Line of Auditor's Parcel #2003096, in accordance with the Plat thereof Recorded in Plat Book 46, at Page 137 of the Records of the Johnson County Recorder's Office; Thence S87°34'24"W, along said North Line, 111.19 feet, to the Point of Beginning. Said Tract of Land contains 2.00 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 SY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, Resolution No. 15-311 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 6th day of October '20 15 MAYOR Appprovepd� by ATTEST: �AI� ✓r�rtieE��//c{C� CITY -CLERK City Attorney's Office It was moved by Payne and seconded by trims the Resolution be adopted, and upon roll call there were: AYES: pctllt 1p late,/RE SOLUTION PaU 5 dm.d.c NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton -.. 4d(15) Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 (SUB15-00017) RESOLUTION NO. 15-312 RESOLUTION APPROVING FINAL PLAT OF SYCAMORE WOODS, PART 6, IOWA CITY, IOWA. WHEREAS, the owner, Saddlebrook Meadows Development, filed with the City Clerk the final plat of Sycamore Woods, Part 6, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: BEGINNING at the Northwest corner of Lot 154, Whispering Meadows Subdivision Part Two, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 34, at Page 99, of the Records of the Johnson County Recorder's Office; Thence SOW43'58"E, along the West line of said Whispering Meadows Subdivision Part Two, 137.50 feet; Thence S89°16'02"W, along said West line, 20.00 feet; Thence S00°43'58"E, along said West line, 175.00 feet; Thence S81°09'31"W, 161.62 feet; Thence S66°32'45"W, 54.21 feet; Thence S88°54'34"W, 50.60 feet; Thence N76°06'49"W, 50.64 feet; Thence N60°16'35"W, 42.90 feet; Thence N33019'04"W, 78.80 feet; Thence N2301013"W, 60.77 feet; Thence N05°41'58"E, 61.74 feet; Thence N26°37'28"E, 61.74 feet; Thence N35005'53"E, 102.42 feet; Thence N88°56'32"E, 38.74 feet, to a point on the said West line of Whispering Meadows Subdivision Part Two; Thence N89016'02"E, along said West line, 298.23 feet, to said POINT OF BEGINNING. Said Tract of Land contains 2.99 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 and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at Resolution No. 15-312 Page 2 the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 6th day of October —,20 15 MAYOR ' &' Approved by ATTEST: Va ,mss k7✓r/�� c CITY_ LERK City Attorney's Office It was moved by Payne and seconded by rums the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton pcd/templates/RESOLUTION Part 6.doc.doc October 5, 2015 National Endowment for the Arts Our Town Grant Program 400 7th Street, SW Washington, DC 20506-0001 Lt- #! :rine „t CITY OF IOWA CITY UNESCO CITY OF LITERATURE CetebratirLg i sill• 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org Re: Application to the Our Town Grant Program from the City of Iowa City, University of Iowa and Summer of the Arts To Whom It May Concern: As Mayor of the City of Iowa City, I want to express the City's full support of the grant application submitted from the City, the University of Iowa and Summer of the Arts to support arts and education programming at the Iowa City South District's Dream Center and other public spaces to foster neighborhood cohesion requesting funding through the upcoming Our Town Grant Program cycle. The Iowa City City Council approved a motion to permit the Mayor to provide a letter of support for this grant application at their October 6, 2015 meeting. The City of Iowa City has consistently supported public art opportunities through our Public Art Program as well as partnering with Summer of the Arts; an organization who has proven itself to be an expert in hosting many successful annual festivals in downtown Iowa City including Iowa Arts Festival, Iowa City Jazz Festival, Iowa Soul Festival, Friday Night Concert Series and Free Movie Series. We also look forward to working closely with the University of Iowa's Office of Outreach, (UIOOE), and Engagement-- a campus -wide effort at the University foster sustainable community partnerships. The UIOOE's mission to match community needs with the expertise and resources of the University of Iowa faculty and students will bring the University resources into the South District neighborhood like has never occurred before, encouraging residents and the University community to connect in ways never yet explored. The South District neighborhoods have felt disenfranchised from the larger community because of some stereotypical attitudes held by the rest of the population. By bringing art opportunities to these areas and encouraging the larger community to participate will go far to build that bridge to bring all residents of Iowa City into an integrated whole focused on participation in the arts. The goal of teaming with these highly effectively organizations as well as the Dream Center and Mission Creek Festival to expand the availability of art opportunities into these neighborhoods is perfectly melded to the updated South District Plan in which one of the strongest priorities is "to foster a positive identity and sense of community based on its environmental and recreational assets and its culturally diverse population." The local business community in the district has expressed interest in partnering to sponsor such cultural activities to move closer to that goal as well as growing neighborhood goodwill for local businesses. The community appreciates your consideration of this application and looks forward to working with you in the future. Sincerely, iwoq� Matthew J. Hayek Mayor Prepared by: Chris O'Brien, Director of Transportation and Resource Management, 410 E. Washington St., Iowa City, IA 52240 (319)356-5156 RESOLUTION NO. 15-313 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE TRANSPORTATION AND RESOURCE MANAGEMENT DEPARTMENT AND THE AFSCME PAY PLAN BY DELETING TWO FULL-TIME MAINTENANCE WORKER III POSITIONS AND ONE FULL-TIME RECYCLE CLERK POSITION AND ADDING TWO FULL-TIME LANDFILL OPERATOR POSITIONS AND ONE FULL-TIME CUSTOMER SERVICE REPRESENTATIVE POSITION. WHEREAS, Resolution No. 15-77, adopted by the City Council on March 9, 2015 authorized budgeted positions in the Transportation and Resource Management Department for Fiscal Year 2016; and WHEREAS, Resolution No. 15-95, adopted by the City Council on April 7, 2015 established a classification and compensation plan for AFSCME employees; and WHEREAS, The Transportation and Resource Management Department has two full-time Maintenance Worker III positions (one of which is currently vacant) and one vacant full-time Recycle Clerk position; and WHEREAS, after evaluating the position needs of the Transportation and Resource Management Department it has been determined that staff in the current Maintenance Worker III and Recycle Clerk positions can better serve the Department and City of Iowa City by being upward classified to Landfill Operator and Customer Service Representative positions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Transportation and Resource Management Department be amended by: 1. Deleting two full-time Maintenance Worker III - Landfill positions, AFSCME grade 8 2. Deleting one full-time Recycle Clerk position, AFSCME grade 6 3. Adding two full-time Landfill Operator positions, AFSCME grade 9 4. Adding one full-time Customer Service Representative position, AFSCME grade 7. The AFSCME pay plan be amended by deleting the positions of Maintenance Worker III — Landfill, grade 8, and Recycle Clerk, grade 6. Passed and approved this 6th day of ATTEST: �1 Vu C LERK tober _,20 15 . A roved by % O City Attorney's Office Resolution No. ]Page 2 15-313 It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AWES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton CITY OF IOWA CITY 4d(17) MEMORANDUM Date: September 30, 2015 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: Transportation Services Budgeted Positions Introduction: At the October 6, 2015 City Council meeting, consideration will be given to a resolution upward classifying two Maintenance Worker III positions (AFSCME grade 8) and one Recycle Clerk position (AFSCME grade 6) to two Landfill Operator positions (AFSCME grade 9) and one Customer Service Representative position (AFSCME grade 7). History/background: Beginning in July of 2015, Landfill operations transitioned to be part of the newly formed Transportation and Resource Management Department. This new department consists of operations for Transit, Parking, CBD Maintenance, Landfill, Recycling and Solid Waste collection. At that time the Landfill operations included one Senior Maintenance Worker position, two Maintenance Worker III positions, five Landfill Operator positions and one Recycle Clerk position. In July a vacancy occurred in a Senior Maintenance Worker position (AFSCME grade 12) at the Landfill which was filled with a Landfill Operator position (AFSCME grade 9). This was filled internally creating a vacancy in one of the two Maintenance Worker III positions. In September a vacancy occurred in the Recycle Clerk position. Discussion of Solution: These vacancies created the opportunity for the department to evaluate the positions and create a better fit for the evolution that has occurred with merging of Transit, Parking, CBD Maintenance, Landfill, Recycling and Solid Waste Collection. Through this evaluation, it has been determined that the Maintenance Worker III positions, which currently have one position occupied and one vacancy, should be upward classified to a Landfill Operator position. This change will allow for cross training opportunities and flexibility in coverage while still requiring the necessary certifications expected of the landfill operators. The evaluation also resulted in a determination of an upward classification of the Recycle Clerk position to a Customer Service Representative position. This brings the position in line with the Customer Service Representative positions that currently exist within the Transportation and Resource Management Department. Financial Impact: The financial impact of these upgrades in position classifications will result in a total annual increase to the Transportation and Resource Management budget of $4,300 - $5,600. Recommendation: It is the recommendation of the Transportation and Resource Management Department to pass the resolution. Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319/356-5030 RESOLUTION NO. 15-314 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE IOWA CITY AREA DEVELOPMENT (ICAD) GROUP, INC. WHEREAS , the City of Iowa City, a municipal corporation, is the owner of fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as Iowa City Public Library, 136 S. Dubuque Street, and has the authority to lease said premises; and WHEREAS, the Iowa City Area Development Group, Inc., intends to use the space for office purposes, as well as to collaborate with the University of Iowa in mentoring and fostering entrepreneurial efforts in a project known as MERGE as well as other community partners including the City of Iowa City; and, WHEREAS, said collaboration will advance economic development in the City; and, WHEREAS, the parties desire to enter into a lease for space in the Iowa City Public Library, located at 136 S. Dubuque St., Iowa City, Iowa. This will be a short-term lease, with the parties intending to enter into a longer lease effective January 1, 2016. While the City does not require rent be paid for this short-term lease, it is intended that the longer-term lease, covering more square footage, will require that rent be paid; and WHEREAS, said short-term lease is in the best interest of the residents of the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest the lease agreement between the City of Iowa City, Iowa and the Iowa City Area Development (ICAD) Group, Inc. attached hereto. Passed and approved this 6th day of October , 2015. i!* / MA R ATTEST: —� ITCLERK 6pfffved by City Attorney's Office Resolution leo. (Page 2 15-314 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: Mims ABSENT: the Botchway Dickens Dobyns Hayek Mims Payne Throgmorton LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY AREA DEVELOPMENT GROUP, INC. This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or "Landlord") and the Iowa City Area Development Group, Inc. ("Tenant') in Iowa City, Iowa. RECITALS A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as the Iowa City Public Library, and has the authority to lease said premises. B. The Iowa City Area Development Group, Inc., intends to use the space for office purposes, as well as to collaborate with the University of Iowa in mentoring and fostering entrepreneurial efforts. C. The parties desire to enter into a lease for space in the Iowa City Public Library, located at 136 S. Dubuque St., Iowa City, IA. This will be a short-term lease, with the parties intending to enter into --a1o`ng`eF lease effective January 1, 2016. While the City does not require rent be paid for this short-term lease, it is intended that the longer-term lease, covering more square footage, will require that rent be paid. In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as follows: AGREEMENT DATE. This Lease is made to be effective as of the 1st day of October, 2015'. 2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes from Landlord for the Term the real property comprising approximately 4,580 square feet of main floor retail space located in the Iowa City Public Library, 136 S. Dubuque Street, Iowa City, Iowa, more particularly described in the site plan on Exhibit "A" (the "Premises") attached hereto and incorporated herein, together with the continuous and uninterrupted right of access to and from the Premises. 2015. 3. TERM. The term of this Lease ("Term") shall be from October 1, 2015 through December 31, 4. FIT -OUT. Tenant is responsible for any fit -out costs. 5. RENT. Tenant shall pay a deposit for damage or default in the amount of $1,500.00 upon the execution of this lease. Landlord will provide the premises to Tenant without the necessity of rent being paid. 6. UTILITIES AND JANITORIAL. Tenant shall pay for all utilities on a pro rata basis based on the square footage of the Premises as a percentage of the square footage of the entire building. Utilities to be paid include water, sewer, gas, and electricity. Tenant shall pay for all Janitorial services and regular cleaning service to the Premises, as well as garbage removal. Landlord will be responsible for any common area maintenance, including, but not limited to, exterior window cleaning (twice a year), and sidewalk cleaning. Tenant may wish to enhance the upkeep of the sidewalk and exterior windows as needed outside of this set maintenance schedule. 7. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's operation of the Iowa City Area Development Group, with related Co -Lab utilization, space made available for City staff, and collaboration with the University of Iowa's research and entrepreneurial mentorship, as well as any other activities reasonably related thereto. The Premises may not be used for any other purpose without written approval of Landlord. 8. PARKING. The Premises includes no provision for parking. Tenant must secure its own parking. 9. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceably and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi -public agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the rent applying to the unexpired portion of the Term will abate. 10. PROHIBITED BEHAVIOR. Smoking is not allowed anywhere on the Premises. This includes both tenant -occupied areas and all common areas of the building. 11. REPRESENTATIONS, WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants and covenants to Tenant that as of the Commencement Date: (a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in this Lease; (b) to the best of its knowledge, the Premises complies with all applicable zoning requirements, ordinances, regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas appurtenant to the Premises, including the Americans with Disabilities Act (or other laws affecting handicapped access) and any environmental impact or traffic studies or requirements; and (c) the Premises does not contain any asbestos or Hazardous Materials (as defined in Section 28 herein) and Landlord is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Premises including, but not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as determined by a Court of competent jurisdiction. 12. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease all or a part of the Premises for any purpose, without the prior written consent of Landlord. If Tenant subleases all or a part of the Premises with Landlord's written consent, Tenant agrees to remain primarily liable for the payment of rent for the remaining term of this Lease. 13. ALTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's consent, may make any alterations, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desirable, except for structural repairs and maintenance, which are the sole obligation of Landlord, provided such alteration, improvement, or addition costs not more than one thousand dollars ($1,000.00). For any improvements exceeding one thousand dollars ($1,000.00), in seeking Landlord's approval, Tenant shall submit a written description of the proposed work along with plans and drawings respecting the same to Landlord for Landlord's approval, which approval shall not be unreasonably delayed or withheld. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises if the removal may be done without structural damage to the Premises. Tenant's personal property and its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises (structural or non- structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or additions to the exterior of the Premises without Landlords' specific written approval, notwithstanding any provision contained herein to the contrary. 14. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs in the Premises, as well as be responsible for protecting against insect and pest infestation. Landlord shall maintain and promptly make all exterior repairs and common area maintenance, all repairs, replacements or retro -fitting of a permanent character (including, but not limited to, components in the air conditioning, boiler and heating systems, HVAC system, sprinkler system, gas lines, electrical and plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, wall, roof (including water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known defect, damage, decay or dangerous condition associated with the Building System. As used herein, 'Building Systems' means the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and all elevator services and maintenance services related to the Premises. Tenant shall surrender the Premises in as good order, repair and condition, or better, as the same were in at the commencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and Landlord's failure to repair excepted. 15. SIGNAGE. Tenant may, at Tenant's expense, install signage, consistent with City Code requirements, and subject to the written approval of Landlord. Tenant is responsible for care, maintenance, and replacement of any and all signs. 16. TAXES. Commencing on the first day of this lease* and on the first day of each month thereafter during the term of this lease, Tenant shall pay, as additional rent, 1/12th of the real estate taxes and special assessments accruing during that month. Landlord shall make the semi-annual payment for real estate taxes, as well as all special assessments, to the county treasurer before the same become delinquent. Any deficiency in the amount necessary to timely pay the obligations provided for shall be promptly reimbursed by Tenant upon notice via regular first-class mail. At the end of each fiscal year a reconciliation will take place to refund any excess funds collected by Landlord to Tenant, or for Tenant to pay Landlord whatever additional sums are needed to account for all taxes and special assessments accrued during Tenant's tenancy. Tenant shall further pay all taxes assessed against and levied upon Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises. As used herein, the term 'real estate tax"' includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi -public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises. Tenant and Landlord agree to promptly provide the other with copies of statements for taxes so that payment can be made in a timely manner and each can document the amount of the payments due and made. 17. INSURANCE. Tenant covenants and agrees that it will at its own expense procure and maintain general insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Tvoe of Coveraqe a. Comprehensive General Liability Each Occurrence Aggregate (1) Bodily Injury & Property Damage $1,000,000 $2,000,000 b. Excess Liability $1,000,000 $1,000,000 C. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. 18. INDEMNITY. Landlord hereby disclaims, and Tenant hereby releases the Landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored in the Premises, unless such loss, damage or injury is caused by the Landlord's willful misconduct. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this Lease. 19. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord shall repair and restore the Premises to a good tenantable condition. All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a tenantable condition. Landlord shall commence and complete all work required to be done under this Section with reasonable promptness and diligence. In the event Landlord repairs or restores the Premises, the rent due under this Lease shall be abated or reduced proportionately during any period which, by reason of such damage or destruction, there is any interference with the operation of the business of Tenant. If Landlord does not commence the repair or restoration within fifteen (15) days after the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's election to do so at any time prior to the commencement of the repair or restoration. In that event, this Lease shall terminate as of the date of such damage or destruction, without further liability other than accrued but unpaid rent, utilities and or applicable taxes. 20. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease, at Tenant's sole discretion, shall automatically terminate, without further liability other than accrued but unpaid rent, utilities and or applicable taxes, as of the date the condemning authority takes title or possession, whichever occurs first. If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease as of the date the condemning authority takes possession, without further liability other than accrued but unpaid rent, utilities and or applicable taxes. Tenant's election to terminate shall be made in writing within thirty (30) days after Landlord has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) days after the condemning authority has taken possession). If Tenant does not terminate this Lease in accordance with this Section, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that rent shall be reduced in the proportion that the area taken diminishes the value and use of the Premises to Tenant. In addition, Landlord, at its expense, shall promptly repair any damage to the Premises caused by condemnation and restore the remainder of the Premises to the reasonable satisfaction of Tenant. Any award or payment made upon condemnation of all or any part of the Premises shall be the property of Landlord, whether such award or payment is made as compensation for the taking of the fee or as severance damages; provided Tenant shall be entitled to the portion of any such award or payment for loss of or damage to Tenant's trade fixtures, removable personal property, and additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's relocation and moving expenses. 21. DEFAULTS. The following shall constitute "Events of Default": (a) Monetary. Tenant shall fail to pay rent at the time required or any other monetary obligation or payment required under this Lease when due, and such failure shall continue for a period of ten (10) days following written notice from Landlord to Tenant; or (b) Non-performance. Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and complete, and such failure shall continue and not be cured for a period of thirty (30) days after written notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to completion; or (c) Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future federal or state bankruptcy law or any similar federal or state law is filed in any court and such petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of the Leased Premises or any portion thereof is appointed in any proceeding brought by or against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or acquiesces in such appointment. 22. REMEDIES. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of such Event of Default, Landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section (c) below. (b) Eviction. Landlord shall have the immediate right upon termination of this Lease to bring an action for forcible entry and detainer. (c) Tenant to Remain Liable. No termination of this Lease pursuant to the provisions of this Lease, by operation of law or otherwise, and no repossession of the Premises or any part thereof pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or reletting. (d) Damages. In the event of any termination of this Lease or eviction from or repossession of the Premises or any part thereof by reason of the occurrence of an Event of Default: (i) Rent and Charges. Tenant shall pay to Landlord the rent and other sums and charges required to be paid by Tenant for the period to and including the end of the applicable Term or expiration of an exercised option period as provided for by Section 3 above, whichever is later. (ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant under the preceding section, (d)(i), against any "value added damages" Landlord may be liable for pursuant to this Lease. (e) Rights Cumulative, Non -Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or, provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Right to Cure. If after written notice, Tenant fails to pay any utilities charges described in Section 5, insurance premiums described in Section 15, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the "Default Rate"). (g) Late Charge, Default Rate. If Landlord does not receive payment of any installment of rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Non -Waiver. The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in any one or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of any rent or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. 23. HOLDING OVER. Tenant acknowledges Tenant is being granted terms far below market rent for this short term lease. If Tenant remains in possession of the Premises after the expiration or termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month, subject to all of the conditions, provisions and obligations of this Lease insofar as they are applicable to a month-to-month tenancy, with the following exceptions: (a) Rent plus property taxes shall be payable in the amount of $8,348 per month, payable in advance by the 1 st day of the month. (b) Tenant shall pay their prorated share of utilities based on square footage. 24. ACCESS BY LANDLORD. (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty-four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises for the purposes of inspecting the same, determining whether this Lease is being complied with, and curing (as permitted herein) any default by Tenant. (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Premises. 25. NON-DISCRIMINATION. Tenant covenants, in consideration of the right to lease the Premises that Tenant, its employees, and agents 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, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 26. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 27. NOTICES. Notices, statements and other communications to be given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: With Copies to: If to Tenant: City Manager Iowa City Attorney Iowa City Area Development Group, Inc. 410 E. Washington 410 E. Washington St. 136 S. Dubuque St. Iowa City, IA 52240 Iowa City, IA 52240 Iowa City, IA 52240 The address and person for written communication may be changed upon ten (10) days' written notice to the other party. 28. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them hereby mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 29. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting from Tenant's activities on the Premises. 30. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental authority having jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. §6901, et seq.; the Hazardous Materials Transportation Ad, 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic Substances Control Act, 15 U.S.C. §2601, et seq.; Clean Water Act, 33 U.S.C. §1251, et seq.; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 31. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof. 32. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 33. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 34. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by losing party as fixed by the court. 35. HEADING. Headings as to the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of the particular section to which they refer. 36. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. lord: CITY OR IOWA CITY as Markus, CITY ACKNOWLEDGMENT S E OF IOWA ) ) ss: JOHNSON LINTY ) On this da public in and for the State o , being by me duly sworn, did say th within and foregoing instrument; that Tenant: IOWA CITY AREA DEVELOPMENT GROUP, INC., �._. Mark Nolte, President 2015, before me, the undersigned, a notary personally appeared Thomas Markus, to1Uwrr-,WhU- is the City M municipal corporation executing the th fixed thereto is the seal of said municipal corporation; that said instrument was sign sealed on beh said municipal corporation by authority of its City Council; and th I Manager acknowledged that th ution of said instrument is his voluntary act and d that he is empowered to bind said corporation. Notary Public in and for the State of Iowa IOWA CITY AREA DEVELOPMENT GROUP, INC. STATE OF IOWA ) ss: JOHNSON COUNTY ) On this Z-3 rd day of 2015, before me, the undersigned, a Notary Public in and for the State of to a, personally appeared Mark Nolte, to me personally known, who being by me duly sworn, did identify himself as President of the Iowa City Area Development Group, Inc., and acknowledge the execution of the instrument to be his own voluntary act and deed, and that of the Iowa it Area Development Group, Inc. ASHERI L. JELINEK COMMISSION NO.710747 4 MY c MMISSION EXPIRES1,46tary Public in and for thd State of Iowa Approved: City Attorney Landlord: CITY OF IOWA CITY By: 69qen Matthew J. Hayek, M r By: �a Si IT4 City Clerk CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of +o ,2015, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Julie voparil, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and fkp-, der--rbspectively, 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; and that Matthew J. Hayek andJuiie voparil acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. r t KELLIE K. TUTTLE �o = �. com�nl- - ^lumber Pi es Notary Public in and for the State of Iowa E"9y Co mis 'on Exp •`ibevA" Julie Voparil From: Eleanor M. Dilkes Sent: Tuesday, October 06, 2015 10:59 AM To: Julie Voparil Subject: FW: 136 South Dubuque FOIA Eleanor M. Dilkes City Attorney City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Email: eleanor-dilkes(a)iowa-citv.orq Phone: (319) 356-5030 Fax: (319) 356-5008 From: Doyle Landry [mailto:dclposvis@yahoo.com] Sent: Tuesday, October 06, 2015 8:22 AM To: Marian Karr Cc: Pamela Meanes; Janet Lyness; Zack Kucharski; Matt Hayek; Susan Mims; Michelle Payne; Kingsley Botchway II; Jim Throgmorton; Terry Dickens; Rick Dobyns; Tom Markus; Eleanor M. Dilkes; Stefanie Bowers; Wendy Ford Subject: 136 South Dubuque FOIA Ms. Marian Karr: Per my September 16 visit to your office, I shared that an official FOIA would be submitted about the proposed lease of 136 South Dubuque Street. We trust that the past 20 days have allotted you generous time to inform all of the individuals involved. Embrace Excellence --- Doyle P.S. A September 29 in -office request was made of Attorney Dilkes for a collective meeting with Mr. Markus. Rev. Doyle Landry Principal Positive Vision Communications "Success Speak For Powerful People" Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-315 RESOLUTION SETTING PUBLIC HEARING FOR OCTOBER 20, 2015, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 606 NORTH GILBERT STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 606 North Gilbert Street, Iowa City; and WHEREAS, the City has received an offer to purchase 606 North Gilbert Street for the principal sum of $176,000 (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 606 North Gilbert Street, Iowa City, Iowa, also known as part of Lot 5 in Block 51, Iowa City, Iowa, for the sum of $176,000, plus the "carrying costs". 2. A public hearing on said proposal should be and is hereby set for October 20, 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. 15-315 Page 2 It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x Passed and approved this NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 6th day of October , 2015. IT,Wks] = ATTEST: C WW CLERK' Approved by 9wo,D-Cb5-a3-1 r City Attorney's Office Prepared by: Geoff Fruin, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240, (319)356-5410 RESOLUTION NO. 15-316 RESOLUTION SETTING A PUBLIC HEARING ON OCTOBER 20, 2015 ON PLANS, SPECIFICATIONS, FDRM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK PLAYGROUND REPLACEMENT 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 Mercer Park Playground account #R4186. 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 20th day of October, 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 6th day of October 12015 ATTEST: CI LERK MAYOR Approved by (µ-a City Attorney's Office /.Z 3 ffs Resolution No. 15-3 ]Page 2 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: Mims the TES: DAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton w'®4. CITY OF IOWA CITY ®� M RA N D u M EMO Date: September 23, 2015 To: Tom Markus, City Manager From: Geoff Fruin, Assistant City Manager Re: Mercer Park Playground Replacement Project As part of the City Council's strategic plan priority to strengthen neighborhoods, the Parks and Recreation Department has been making several investments in our existing park system. Examples of recent investments include new amenities at Reno Street Park, Tower Court Park, and Highland Park. Two of larger park improvement projects that the department has focused on this year include upgrades to Willow Creek Park / Kiwanis Park and Mercer Park. Both of these parks serve the immediate adjacent neighborhoods and are also a regional draw due to their size and associated programming. The existing Mercer Park playground is sized at a neighborhood scale and is insufficient in meeting the demands of the wide range of users. Mercer Park is a regional draw due to the proximity of South East Junior High School, the City's recreation center, the baseball field complex, and the multitude of youth sports and activities that occur within the park. This project aims to replace the playground in a manner that will benefit the neighborhood and also provide enhanced recreation opportunities for the many visitors that frequent the park. Staff has selected the playground design after an RFP process that resulted in several playground vendors submitting concepts. Images of the specified playground are attached to this memo. The play area focuses on opportunities for children ages 2-5 and 5-12. The mix of amenities includes many traditional elements and some of the latest playground features that are not seen in our existing park network. The design meets all safety standards and exceeds the requirements for the number of ADA features. Funding for the project is included in the Capital Improvement Budget. The total budget is $214,855 and includes $150,000 in GO bonds and $64,855 in previously collected Park Dedication fees. Installation will likely occur in early 2016, but may occur earlier if weather permits and the selected installer is available. Existing playground elements at Mercer Park that still meet modern safety standards will be repurposed in other facilities. 4 Mercer Park Playground Iowa City, IA September 10, 2015 85697-1-3b m hi ioil, ff If-11,�- 0© Mercer Park Playground Iowa City, IA September 10, 2015 85697-1-3-1b v � I !: A, 4P is r _ J 1 ' i V��11JL J fo 2scapeL Better playgrounds. Proudly presented by: Better world° RickE"= ammLa1 �, piayisixom mtdoor recreation products structures" r �` I, CITY OF IOWA CITY 4�e(�e33 MEMORANDUM DATE: September 15, 2015 TO: Tom Markus, City Manager FROM: Jason Havel, City Engineer 58,E re: 2015 Sanitary Sewer Rehabilitation Project October 6, October 20 and November 10. Introduction: The City of Iowa City owns and operates the public sanitary sewer system within Iowa City and University Heights. This sewer system is a significant capital asset for the city with portions dating back to the 1800's. Both regular and preventative maintenance are important to provide safe and reliable sewer service. History/Background: Each year, the City budgets $500,000 for maintenance work on the sanitary sewer system. This money is used for repairs that include both open cut removal and replacement of sewers or manholes and underground rehabilitation by lining of existing sewers that can be done without any excavation. Discussion of Solution: A sewer lining project for 2015 has been designed and is ready to be bid. Financial Impact: The total estimated cost of construction is $400,000. Funding will be provided by sewer revenues. Recommendation: Staff recommends proceeding with the project at the next city council meetings. October 6 - Set Public Hearing October 20 - Hold Public Hearing November 10 - Award Project cc: Ron Knoche, Public Works Director Daniel Scott, Project Engineer Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 15-317 RESOLUTION SETTING A PUBLIC HEARING ON OCTOBER 20, 2015 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2015 SANITARY SEWER REHABILITATION 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 Annual Sewer Repair account #V3101. 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 20th day of October, 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 6th day of October _'20 15 MAYOR D Approved by �ie ATTEST:a ao n�.�d?rDCI LERK City Attorney's Off7 N 3 j S pwengVnasters�setph. doc 1/11 Resolution No. 15-317 ]Page 2 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: AYES: ��Wl Mims the ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 'r.-4 CITY OF IOWA CITY - ^,_,--,7 - -�MEMORANDuM DATE: September 29, 2015 TO: Tom Markus, City Manager FROM: Tracy Hightshoe, Neighborhood Services Coordinator RE: UniverCity Neighborhood Partnership Update — 50th Home Sold Introduction: At your October 6th City Council meeting, there is an agenda item for the sale and conveyance of 1104 Burlington Street. This marks the 50th home sold under the UniverCity program! The amount of the sale will be $199,600 plus "carrying costs" of approximately $18,400. Staff will provide a brief presentation of the UniverCity program at the October 6th City Council meeting. History/Background: The UniverCity Neighborhood Partnership program is dedicated to ensuring that neighborhoods surrounding downtown and the University of Iowa campus remain safe, vital, affordable and attractive places to live and work for renters and homeowners. The program purchased 56 homes through below market interest rate loans and used various sources of funding to renovate the homes. The rehabilitated homes are converted from primarily rental homes to owner -occupied residences to enhance stabilization efforts in University impacted neighborhoods. The City encourages a mix of renters and homeowners in each neighborhood throughout the City. While there are no set guidelines for acquisition prices, the program strives to have a wide variety of housing options. To date, acquisition prices have ranged from $60,000 to $230,000. Of the 50 homes sold to date, 16 homes were sold to homebuyers under 80% of area median income with downpayment assistance provided by the Iowa City Housing Authority. The City has six remaining homes to sell. There is a purchase offer pending on the 51St home, one home available for sale, two homes under renovations, and two homes to be bid this fall. It is anticipated that two to five homes will be purchased annually in subsequent years. For FY16, the City budgeted for two additional homes. Two properties will be identified and purchased by June 30, 2016. cc: Doug Boothroy, Neighborhood & Development Services Director Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF AINGLE FAMILY HOME LOCATED AT 1104 EAST BURLINGTON STREET. / WHEREAS, the UniverCity Neighborhood Partnership University of Iowa and the City to encourage home ow neighborhoods surro69ding the University of Iowa; and WHEREAS, the City pur ases rental units located the University of Iowa, rehd ilitates them, and then s -am is a joint effort between the p and reinvestment in designated designated neighborhoods surrounding them to income -eligible buyers; and WHEREAS, the City purchas'and rehabilitatecj/a single family home located at 1104 East Burlington Street, Iowa City; and J WHEREAS, the City has received n principal sum of $199,600 (the amou 1 costs" of approximately $18,400, which maintain it and sell it, including abstract the home, mowing and snow removal, $50,000 to repair and rehabilitate the he WHEREAS, this sale would provide University of Iowa; and offer t purchase 1104 East Burlington Street for the the ty paid to acquire the home), plus the "carrying re II costs incurred by the City to acquire the home, in nd recording fees, interest on the loan to purchase uti ies, real estate taxes, and any costs in excess of ble",bousing in a designated area surrounding the J WHEREAS, on September 15, 2015(., the City Co ncil adopted a Resolution proposing to convey its interest in 1104 East Bur ington Street, a thorizing public notice of the proposed conveyance, and setting the date an time for the public earing; and WHEREAS, following the public h aring on the proposed`�onveyance, the City Council finds that the conveyance is in the publi interest. NOW, THEREFORE, BE /hreby OLVED BY THE CITY COUIPIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the directionity Attorney, the Mayor and the Citi Clerk are authorized to execute a warrantconveying the City's interest in 1104..East BurlirQton Street, legally described aLot 24 J. & J.W. Clark's Addition, Iowa �ity,,,lowa. cn 2. The City Attorney iauthorized to deliver said warranty deed o ry o " ny actions necessary tmmate the conveyance required by law. c ,<47- zs Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-318 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1104 EAST BURLINGTON STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 1104 East Burlington Street, Iowa City; and WHEREAS, the City has received an offer to purchase 1104 East Burlington Street for the principal sum of $199,600 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $18,400, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on September 15, 2015, the City Council adopted a Resolution proposing to convey its interest in 1104 East Burlington Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1104 East Burlington Street, legally described as part of Lot 24 J. & J.W. Clark's Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 15-318 Page 2 It was moved by Mims and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Dickens the Resolution be x Botchway x Dickens x Dobyns x— Hayek x Mims x Payne x Throgmorton Passed and approved this 6th day of October , 2015. Approved by City Attorney's Office ATTEST:,,. CITI LERK 1"� I �` .®-4 CITY OF IOWA CITY -$- 15 M EMORANDUM Date: September 17, 2015 To: Tom Markus, City Manager From: Dennis Bockenstedt, Finance Director Re: Debt Management Policy Introduction: The Finance Department has created a revised and enhanced Debt Management Policy. Attached is a copy of the revised Debt Management Policy and the City Council resolution for adopting this policy. History/Background: The City's previous debt management policies have been included as a brief summary within the annual budget book. These policies have been reviewed annually. Over the past few years, municipal bond issuers have faced increased pressure and scrutiny from bond rating agencies, the Securities and Exchange Commission (SEC), and the Internal Revenue Service (IRS) to improve documentation, accountability, and disclosure practices. In addition, the City has seen increased activity in its capital improvement program and economic development activities. Discussion of Solutions: As a result of the increased pressure and scrutiny from outside government agencies and bond rating agencies and the increase in capital project and economic development activity, the Finance Department has developed a more comprehensive Debt Management Policy that addresses many of the complex factors and scenarios that the City may be faced with in regards to the issuance of debt. Some of those areas include debt structure, debt limits, allowed purposes, competitive bidding, and more. Financial Impact: The change in the Debt Management Policy will not have an immediate, significant financial impact on the City, but it will have a positive, long-term financial impact by providing additional guidance on the issuance and management of debt. Recommendation: My recommendation is for the City Council to approve the resolution adopting the City's Debt Management Policy. Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St. 52240, (319)356-5053 RESOLUTION NO. 15-319 RESOLUTION ADOPTING THE DEBT MANAGEMENT POLICY FOR THE CITY OF IOWA CITY. WHEREAS, during the conduct of municipal affairs, the City of Iowa City issues bonded debt and enters into debt obligations, and WHEREAS, the City of Iowa City strives to maintain a low debt burden with open and transparent activities, and WHEREAS, it is prudent to adopt a debt management policy to provide guidelines for the Finance Director while conducting official City business, and WHEREAS, the City Manager has formulated a debt management policy for entering into and managing debt obligations, which is attached to this resolution and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the attached debt management policy be adopted as the official debt management policy of the City of Iowa City. Passed and approved this 6th day of October , 2015. ATTEST: V —ClTYbkERK MAYOR p roved by YZA,L).a If-/4-/S- City fr/4-/SCity Attorney's Office It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns g Hayek x Mims x Payne X Throgmorton Title: FINANCIAL POLICY Section: DEBT MANAGEMENT POLICY Date of Version: October 6, 2015 Resolution No.: I. GENERAL POLICIES A. Use of Debt. Debt shall only be used to finance capital improvement projects, firefighting equipment, affordable housing developments, or economic development projects as authorized by City Council. Debt shall not be used to fund recurring expenses unless associated with capital improvement projects and so provided in the bond indenture. B. Pay -As -You -Go Funding of Capital Outlays. The City shall strive to limit debt and to fund projects on a pay-as-you-go basis when possible. C. Capital Planning. Debt issued for the purpose of funding non -emergency capital improvement projects shall not be authorized by the City Council unless the project has been included in the Five -Year Capital Improvement Plan (CIP). The City Council's adoption of the Five -Year Capital Improvement Plan (CIP) will serve as the City's intent to issue general obligation bonds in the future. D. Debt Management. The Finance Director is primarily responsible for ensuring compliance with the terms and conditions described this policy. The Finance Director shall be assisted by other staff and officials when appropriate and at the Finance Director's discretion. The Finance Director shall also be authorized to retain and consult with advisors in order to carry out the duties and responsibilities of this policy. The Finance Director shall utilize such other professional service organizations as are necessary to ensure compliance, and the Finance Director shall provide training and educational resources to staff responsible for ensuring compliance with any portion of the requirements of this policy. II. DEBT LIMITS A. General Obligation Debt Limits. The City shall manage its debt program so that the amount of net direct debt outstanding at any time does not exceed 1.50% of the City's total assessed value. The City shall strive to meet the Moody's Aaa benchmark of net direct debt outstanding of .75% of the City's total assessed value. The City's total outstanding long-term debt will adhere to State law which sets the limit at 5% of the city's total assessed value. 1 B. Debt Service Levy Limits. The City's debt service property tax levy shall not exceed 30% of the total property tax levy; however, City Council may adopt a levy that exceeds this limit for emergencies, changes in property tax laws, approved bond referendums, avoidance of debt default, or other reasons or purposes deemed critical by the City Council. C. Revenue -Secured Debt Limits. The City may finance capital needs through the issuance of revenue -secured debt obligations. Prior to issuing revenue -secured debt obligations, the appropriate staff, will develop financial plans and projections showing the feasibility of the planned financing, required revenues needed to support the planned financing, and the impact of the planned financing on ratepayers, property owners, City departments, and/or other affected parties. For new issues, the amount of revenue -secured debt obligations issued will be limited by the feasibility of the overall financing plan and should have a projected minimum revenue coverage ratio of at least 1.25 times annual debt service at issuance. The coverage ratio may be lower if financial projections show this to be in the best interest of the City, if permitted in the bond indenture, and if additional security features exist which mitigate the risk of a lower coverage ratio. Existing issues shall have a projected revenue coverage ratio that complies with the existing bond indenture. D. Annually Appropriated Debt Obligations. The use of annually appropriated debt obligations for the purpose of circumventing the debt limits of this policy is prohibited. For property tax rebates or other liabilities that are contingent on the actions, revenues, or events that are beyond the City's control and which may delay or prevent the City from being required to make payment, the City's preferred practice will be to issue these debts as annually appropriation obligations. Ill. STRUCTURE AND TERM OF INDEBTEDNESS A. Term of Debt will have a term that does not exceed the maximum term defined by State law. Debt will be structured for the shortest period consistent with a fair allocation of costs to current and future beneficiaries or users. General obligation bonds will be limited to State law as to the length of debt. The City's standard terms for General obligation bonds are ten years, revenue bonds are twenty years, and all other debt instruments will match the payback period of the project. Refunding bonds should not have a term that exceeds the remaining term of the refunded bonds. However, the term of the refunding bonds may be extended where a financial plan has determined this to be in the best interest of the City or to meet other financial goals of the City. B. Principal Repayment Structure. To the extent possible, repayment of debt should be structured so as to rapidly pay down principal and should use a level principal or other rapidly amortizing structure whenever possible. Long-term bonded debt should, as a general rule, be structured with level debt service payments; however, uneven payment structures are permissible in order to match debt service with projected revenues used to pay 2 debt service. Long-term bonded debt, including refunding bonds, may also be structured to wrap around existing obligations or to achieve other goals of the City, as permitted by State law. Increasing payment structures, back loaded principal, balloon structures, or long periods of interest only payments should generally not be used. However, these structures may be used to wrap around existing obligations or where a financial plan has determined this to be in the best interest of the City. C. Long Term Variable -Rate Debt. Generally, the City shall only use fixed rate debt instruments for long term financing. When appropriate, securities may be issued that pay a rate of interest that varies according to a pre -determined index/formula or results from a periodic remarketing of the securities. Prior to issuing variable rate debt, the City shall approve a plan to address interest rate risk associated with these instruments. The use of interest rate swaps in concert with variable rate debt to produce synthetic fixed rate debt is prohibited. D. Lease -Purchase Obligations. The City may use lease -purchase obligations in lieu of general obligation or revenue bonded debt. Use of these instruments will be limited to specific projects or purposes and will not be utilized as a general practice for the financing of capital improvement projects. Uses of this type of obligation will be limited to those purposes specified in Section I.A. of this policy. E. Subordinate Lien Obligations. Subordinate lien financing structures, where appropriate, may be used based on the overall financing needs of the City, expected credit ratings, relative cost of a subordinate lien structure, and potential impacts on the City. IV. SHORT-TERM DEBT AND INTERIM FINANCING A. Lines of Credit. The City may enter into agreements with commercial banks or other financial entities for purposes of acquiring lines of credit that shall provide access to credit under terms and conditions as specified in such agreements. Before entering into any such agreements, a financial plan will be approved by the City Council to include plans for addressing long-term financing, method of repayment, interest rate risk, and any other potential risks. The line of credit should be established in compliance with any applicable State laws. B. Bond Anticipation Notes. The City may choose to issue Bond Anticipation Notes (BANS) or similar structures as a source of interim financing. Before issuing such notes, a financial plan will be approved by the City Council to include plans for addressing long-term financing and interest rate risk. Use of these instruments will be limited to specific projects or purposes and will not be utilized as a general practice for the financing of capital improvement projects. 3 C. Tax and Revenue Anticipation Notes. Tax and Revenue Anticipation Notes will be used only on an emergency basis and will not be used as a general practice to finance ongoing operations. Before issuing such notes, a financial plan will be approved by the City Council including cash flow projections and stress testing of revenues and, if applicable, plans for addressing long-term operational or financial issues. V. SELECTION OF FINANCE CONSULTANTS AND SERVICE PROVIDERS The Finance Director shall be responsible for establishing a solicitation and selection process for securing professional services that are required to develop and implement the City's debt program. The solicitation and selection process will comply with City requirements for such services as outlined in the City's Purchasing Manual. A. Bond Counsel. The City Attorney's Office and the Finance Director will work together, in accordance with Purchasing Manual, to solicit, select, contract for, and oversee continuation of competent bond counsel services throughout the life of outstanding bonds. B. Underwriters. The City shall solicit formal proposals for underwriting services for all debt issued in a negotiated or private placement sale. The solicitation process shall include formation of a review committee to evaluate written proposals and, if deemed necessary, conduct oral interviews. The selection of underwriters may be for an individual or series of financings or a specified time period. C. Municipal Advisor (Financial Advisor). A committee, including the Finance Director, shall make recommendations to the City Manager regarding the selection of municipal advisors to be employed and the duration of such employment. The time period for employment may relate to an individual or a series of financings, or for a specified period of time. The municipal advisor shall be a registered independent advisor and in no case will the advisor's firm or affiliates be allowed to underwrite bonds for the City. D. Other Service Providers. The Finance Director or the appropriate City staff shall solicit for providers of other services necessary to carry out the debt issuance activities of the City. Solicitation of these services may also be accomplished through Bond Counsel or the Municipal Advisor if the contract allows. The cost and perceived quality of service of the proposed service provider shall be used in the evaluation of these services. Potential service providers include: a. Disclosure Counsel b. Tax Counsel c. Paying Agent d. Escrow Agent e. Trustee Bank f. Verification Agent 4 g. Printing Services h. Arbitrage Rebate and Yield Restriction Services i. Placement Agent j. Other VI. METHOD OF SALE A. Competitive Sale. General Obligation new money bonds shall be issued by competitive sale. Any other debt issuance, including General Obligation refunding bonds, may be done through a competitive sale where it is determined that a competitive sale is the best method to achieve a lower interest cost and/or to effectively market the debt. B. Negotiated Sale. Debt, except for General Obligation new money bonds, may be sold through a negotiated sale where it is determined to be the best method to achieve a lower interest cost and/or effectively market the debt. Such determination may be made on an issue by issue basis, for a series of issues, or for part or all of a specific financing program. Selection of the underwriting team shall be made pursuant to selection procedures set forth in Section V of this policy. C. Private Placement. Debt may be sold through a private placement or limited public offering where it is determined to be in the best interest of the City. Private placements may be done with or without a placement agent. Solicitations for financing terms of a private placement shall be made through selection procedures developed by the Finance Director, consistent with the City's Purchasing Manual. VII. REFUNDING OF CITY INDEBTEDNESS A. Debt Service Savings --Advance Refundings. The City may issue advance refunding bonds (as defined for federal tax law purposes) when legally permissible, prudent, and net present value savings equals or exceeds seven percent. An analysis should be considered of the net present value savings of executing the advance refunding versus waiting to refund in the future considering potential interest rates and escrow costs. B. Debt Service Savings --Current Refundings. The City may issue current refunding bonds (as defined for federal tax law purposes) when legally permissible, prudent, and the net present value savings equals or exceeds five percent. C. Restructuring of Debt. The City may choose to refund outstanding indebtedness when existing bond covenants or other financial structures impinge on prudent and sound financial management. Savings requirements for current or advance refundings undertaken to restructure debt may be waived upon a finding that such a restructuring is in the overall best financial interest of the City. 5 VIII. CREDIT RATINGS A. Use of Rating Agencies. The Finance Director or appropriate staff of the issuing entity, in consultation with the City's municipal advisor, shall be responsible for determining whether or not a rating shall be requested on a particular issue, and which of the major rating agencies shall be asked to provide such a rating. Rating agencies shall be selected that are well established with investors; however, the City's preferred rating agency will be Moody's Investors Service. B. Long -Term Rating Requirements. The City will strive to maintain a Moody's bond rating of'Aaa' for its General Obligation Unlimited Tax (GOULT) bonded indebtedness. The City will strive to maintain a Moody's rating of'A3'or higher for its revenue bonded indebtedness. C. Use of Credit Enhancement. Credit enhancement (letters of credit, bond insurance, surety bonds, etc.) may be used when such credit enhancement proves cost-effective. Credit enhancement may be used to improve or establish a credit rating on a debt obligation even if such credit enhancement is not cost effective if the use of such credit enhancement meets the City's debt financing goals and objectives. IX. CONTINUING DISCLOSURE, POST ISSUANCE COMPLIANCE AND COVENANTS The City shall have a Post Issuance Compliance Policy, administered by the Finance Director that shall ensure a system has been established to meet any post issuance compliance requirements related to debt. These requirements may include: • Compliance with federal tax code • Compliance with other State and Federal law • Continuing disclosure requirements • Bond indenture requirements and covenants X. DERIVATIVE PRODUCTS The City, as a practice, will not use derivative products in financing transactions. XI. INVESTMENT OF BOND PROCEEDS Bond proceeds, including reserve funds, shall be invested in accordance with the City's Investment Policy, the bond indenture requirements, and State and Federal law. XII. ANNUAL REPORTING The Finance Director shall provide the City Manager and City Council an annual long-term debt disclosure report within 210 days after the fiscal year-end regarding the City's outstanding debt and debt program. The Finance Director shall, at a minimum, provide the following information: 0 • General Long-term Debt Obligations: • Total actual and taxable property valuations • The historical trend of actual and taxable property valuations • List of the City's 10 largest taxpayers • Summary of all of the City's direct, long-term debt obligations • Debt per capita (GO Debt and TIF Revenue Debt) • Debt per total assessed value (GO Debt and TIF Revenue Debt) • City's debt versus the legal debt limit • Revenue -Secured Debt Obligations: • Summary of the system • Summary of the system's rates and charges • The historical trend of system's sales and charges • Coverage ratios for system • Number of system customers, if applicable • List of system's 10 largest users, if applicable The report should also include a list of any potential upcoming debt issues and a summary of any material events that have occurred in the past year. The report may also include any other relevant information that is significant to the City's debt program or ability to repay its debt obligations. 7 Debt Management Policy October 6, 2015 Dennis Bockenstedt, Finance Director Debt Management Policy Provide guidelines for debt issuance Help keep property tax rate low Maintain Moody's Aaa bond rating Comply with SEC and IRS oversight Maintain strong financial and debt management Dennis Bockenstedt, Finance Director Debt Management Policy I. General Provisions II. Debt Limits III. Structure IV. Short-term Debt & Interim Financing V. Selection of consultants VI. Method of sale VII. Refundings VIII. Credit Ratings IX. Continuing Disclosure X. Derivatives XI. Investment of Bond Proceeds XII. Annual Reporting Dennis Bockenstedt, Finance Director I. General Provisions A. Allowed Uses of Debt Capital improvement projects, firefighting equipment, affordable housing developments, and economic development projects only B. Capital Improvement Projects funded by debt must be part of five-year CIP plan unless emergency C. Pay-as-you-go financing preferred over debt issuance D. Finance Director is responsible for compliance and monitoring of policy Dennis Bockenstedt, Finance Director II. Debt Limits A. General Obligation Debts State's legal limit is 5% of total assessed value City policy imposed limit of 1.50% Strive to reach 0.75% (Moody's Aaa standard) B. Debt Service Levy Not to exceed 30% of total property tax levy C. Revenue Secured Debts Maintain a coverage ratio of net revenues versus annual debt service of 1.25 times D. Annually Appropriations Cannot use to circumvent policy Dennis Bockenstedt, Finance Director Outstanding Bonds Subject to Debt Limit $ 61,995,000 Dennis Bockenstedt, Finance Director Principal Fiscal Year Debt Outstanding Issue / Use of Funds Amount of Issue Paid in Full June 30, 2015 2008A G.O. / Multi-purpose $ 9,150,000 2018 $ 3,085,000 20088 G.O. Refunding 17,005,000 2018 4,530,000 2009C G.O. / Multi-purpose 6,685,000 2019 2,900,000 2009E G.O. Refunding 2001 G.O. 5,840,000 2016 915,000 20108 G.O. / Multi-purpose 7,420,000 2020 3,840,000 2011A G.O. Capital Loan Notes 7,925,000 2021 4,785,000 2011C G.O. Refunding 2002 G.O. 10,930,000 2021 7,385,000 2012A G.O. / Multi-purpose 9,070,000 2022 6,565,000 2012D TIF Revenue 2,655,000 2032 2,655,000 2013A G.O. / Multi-purpose 7,230,000 2023 6,505,000 2014 GO / Multi-purpose & Refunding 11,980,000 2024 11,045,000 2015 GO - Multi -Purpose 7,785,000 2025 7,785,000 $ 61,995,000 Dennis Bockenstedt, Finance Director Outstanding Bonds vs. Legal Debt Limit N R O D w O N C O 2 $300.000 $250.000 $200.000 $150.000 $100.000 $50.000 $0.000 Qy�6 Fye^ Qy�� Qy�� Qy^o Qy^^ Fy^ry Qy^� Qy^� Qy^y ■Legal Debt Limit ❑Outstanding Debt Dennis Bockenstedt, Finance Director Net Bonded Debt - Percentage of Total Valuations 5.00% 4.00% 3.00% 2.00% 1.00% 0.00% FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 % of Total Valuations Dennis Bockenstedt, Finance Director Debt Levy % of Total Levy Fiscal Year 2016 General $ 8.10000 48.6% Public Transit 0.94977 5.7% Insurance 0.29009 1.7% Public Library 0.27000 1.6% Employee Benefits 3.11277 18.7% Debt Service * 3.92833 23.6% Total $ 16.65096 100.0% * Policy limit is 30% or $4.99529 Dennis Bockenstedt, Finance Director Outstanding Revenue Debt Principal Fiscal Year Debt Outstanding Issue / Use of Funds Amount of Issue Paid in Full June 30, 2015 2008C Sewer Revenue Refunding $24,280,000 2023 $ 14,345,000 2009A Sewer Refunding 8,660,000 2026 6,760,000 2010A Sewer Revenue Refunding 15,080,000 2021 7,480,000 2008 Water Revenue Refunding 7,115,000 2025 4,920,000 2009 Water Revenue Refunding 9,750,000 2026 7,410,000 2012C Water Revenue Refunding 4,950,000 2023 4,035,000 $ 47,605,000 Dennis Bockenstedt, Finance Director Revenue Bond Coverage Fiscal Year 2014 Annual Debt Service Revenue Expenses Net Principal Interest Total Ratio of Revenue Coverage Water $ 12,835 $ 5,708 $ 7,127 $ 3,250 $ 1,428 $ 4,678 1.52 Wastewater $ 8,613 $ 5,818 $ 2,795 $ 1,335 $ 650 $ 1,985 1.41 ( Figures in thousands) * Policy requirement is 1.25 Dennis Bockenstedt, Finance Director III. Structure &Terms A. Term Length GO Bonds — 10 years Revenue Bonds — 20 years Should not exceed the life or payback of the project B. Structure Rapid repayment preferred Level debt service is general rule Balloon structures, back-loaded principal, or increasing payment structure must have financial plan for repayment C. Variable Rate Debt, Lease -Purchases, and Subordinate Obligations Uses should be limited and specific; must have financial plans to support structure Dennis Bockenstedt, Finance Director IV. Short-term & Interim Debt Limited to specific projects or purposes Financial plan must be approved •V. Consultant Selection Bond Counsel, Financial Advisor, etc. Selection process to comply with City Purchasing Manual VI. Method of Sale General Obligation new money must be competitively bid Other debt may use private placement or negotiated sale if in the City's best interest Dennis Bockenstedt, Finance Director VII. Refundings Advanced refundings — minimum 7% savings Current refundings — minimum 5% savings Requirements may be waived if restructuring debt is in City's best interest • X. Derivative Products City will not use derivative based debt •XI. Investment of Proceeds Consistent with City investment policy Consistent with State and Federal law Dennis Bockenstedt, Finance Director VIII. Credit Ratings A. Rating Agency Preferred agency is Moody's Investors Service B. Credit Rating Goal is to strive for Moody's Aaa rating for General Obligation Bonds Goal is to strive for Moody's A3 rating or higher for Revenue Bonds C. Credit Enhancement May use credit enhancements such as insurance or letters of credit if cost effective or meets City's financial goals and objectives Dennis Bockenstedt, Finance Director Moody's Rating Distribution Distribution of Moody's General Obligation Ratings for All US Cities 900 800 700 600 U 0 500 `m 400 E 300 Z 200 100 0 Iowa City Aaa i Aa1 National 178 252 Aa2 Aa3 Al A2 A3 Baal Baal Baa3 780 573 563 204 65 52 28 14 % of Total 6.57% i 9.30% 28.79%121.15% 120.78%1 7.53% 1 2.40% 1 1.92% 1 1.03% 1 0.52% Dennis Bockenstedt, Finance Director Moody's Rating Distribution Distribution of Moody's General Obligation Ratings for Cities in Iowa 20 18 16 N m 14 U 12 w 10 m 8 E Z 6 z 4 2 0 Aaa Aal Aa 2 Aa3 Al A2 4 A3 Baal Baal Baa3 FN State 2 6 13 13 19 9 2 0 2 0 % of Total 3.03% 9.09% 19.70`/ 19.70% 28.79% 13.64`/ 3.03% 0.00% 3.03% 0.00% Dennis Bockenstedt, Finance Director Iowa City's Moody's Rating Report SUMMARY RATING RATIONALE The Aaa rating reflects the city's growing tax base that benefits from the institutional presence of the State University of Iowa; Healthy finonciol profile characterized by omple reserves and prudent monogement; Moderate debt burden with rapid principal amortization; and moderate exposure to unfunded pension liabilities. M Dennis Bockenstedt, Finance Director Iowa City's Moody's Rating Report STRENGTHS Stable economy bolstered by the presence of the University of Iowa Healthy finonciol profile characterized by omple reserves and prudent monaoement Significont revenue raising flexibility CHALLENGES Smaller tax base and lower socioeconomic indicators relative to similarly rated entities Dennis Bockenstedt, Finance Director Iowa City's Moody's Rating Report WHAT COULD MAKE THE RATING GO DOWN Deterioration of the tax base or weakening of socioeconomic indicators Material reductions in the city's finonciol reserves Material growth in the city's debt burden Dennis Bockenstedt, Finance Director IX. Continuing Disclosure A. Post Issuance Compliance Comply with IRS tax laws and regulations Arbitrage compliance and testing Monitor spend down of proceeds Track use and disposal of assets acquired City maintains separate policy for these practices B. Continuing Disclosure Compliance with SEC laws and regulations Looking at creating separate policy C. Annual Reporting Compliance with Disclosure Certificates and bond holder information Dennis Bockenstedt, Finance Director XII. Annual Reporting A. 210 days after year-end to City Counci • General Long-term Debt Obligations: • Total actual and taxable property valuations • The historical trend of actual and taxable property valuations • List of the City's 10 largest taxpayers • Summary of all of the City's direct, long-term debt obligations • Debt per capita (GO Debt and TIF Revenue Debt) • Debt per total assessed value (GO Debt and TIF Revenue Debt) • City's debt versus the legal debt limit • Revenue -Secured Debt Obligations: • Summary of the system • Summary of the system's rates and charges • The historical trend of system's sales and charges • Coverage ratios for system • Number of system customers, if applicable • List of system's 10 largest users, if applicable • B. Summary of upcoming bond issues • C. Any material events and other relevant information Dennis Bockenstedt, Finance Director Debt Management Policy Summary Provide guidelines for debt issuance Help keep property tax rate low Maintain Moody's Aaa bond rating Comply with SEC and IRS oversight Maintain strong financial and debt management Dennis Bockenstedt, Finance Director Prepared by: Sarah Walz, Acting Traffic Engineering Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5239 RESOLUTION NO. 15-320 RESOLUTION AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON SANDUSKY DRIVE, BETWEEN KEOKUK AND BROADWAY STREETS WHEREAS, the City Council has established a traffic calming program for the City of Iowa City for the purpose of considering neighborhood traffic calming projects; and WHEREAS, the residents of Sandusky Drive, between Keokuk and Broadway Streets, have gone through the process of considering a traffic calming project according to the City Council's approved procedure; and WHEREAS, a neighborhood survey has been conducted in accordance with the approved traffic calming program, and a 92% majority of respondents has indicated they are in favor of speed humps; and WHEREAS, the City Council finds said proposal to be in the public interest and is consistent with its adopted traffic calming program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The proposal for the installation of speed humps on Sandusky Drive, between Keokuk and Broadway Streets, is hereby approved. 2. City staff is directed to proceed with the installation of speed humps on Sandusky Drive. 3. The installation will be reevaluated in one year by neighborhood survey in accordance with the City Council's approved procedure. Passed and approved this 6th day of ATTEST: CI LERK October ,20 15 . -WAS Approved by City Attorney's Office Resolution Into. 15-320 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton r--15 J pat CITY OF IOWA CITY �o rA ®�aMORAN D U M -T, M Date: October 6, 2015 To: Tom Markus, City Manager From: Sarah Walz, Assistant Transportation Planner Re: Sandusky Drive Traffic Calming Introduction: Residents along Sandusky Drive, between Keokuk and Broadway Streets, submitted a petition requesting their street be considered for the City's Traffic Calming program. Sandusky Drive is a two-lane east -west local street. The posted speed limit on Sandusky Drive is 25 mph. Transportation Planning Staff completed a traffic evaluation that determined this street qualifies for the program based on the 85th -percentile speed of traffic exceeding 5 mph over the posted speed limit of 25 mph (see attachment). The residents of Sandusky Drive completed the City Council's approved process for considering a traffic calming project. A neighborhood meeting was held to discuss the results of the study and to choose an option for addressing speeding. Subsequent to the meeting, a survey of the neighborhood indicated that 92% of responding households supported the installation of speed humps on Sandusky Drive between, Keokuk and Broadway Streets. Twenty-eight (28) households were surveyed; thirteen (46%) responded, fifteen (15) did not respond. Signs were also posted along Sandusky Drive to solicit public comments about the proposed traffic calming. Staff received three (3) comments from residents of Hickory Court, Briar Drive, and Burns Avenue (attached). Comments were also solicited from the City of Iowa City Police, Fire, Transit, and Public Works departments as well as the Johnson County Ambulance Service. No comments were received from these organizations. History/Background: In 1996 the City Council adopted the traffic calming program to help neighborhoods manage traffic speeds and volumes. Traffic calming may be achieved through one or more of the following approaches: • increased police enforcement that targets high speeds during specific times; • driver education measures that increase motorists' awareness, such as "Share the Road" or "Check Your Speed" sign programs; or • physical modifications to the roadway To be considered for traffic calming measures a street must be classified either a local street or collector street and meet one of the following: • Traffic volumes on a local street should exceed 500 vehicles per day and on a collector street exceed 1,000 vehicles per day, OR • The measured comfortable speed of drivers (85th percentile speed) should exceed 5 MPH over the posted speed limit. Upon submission of a petition, staff conducts a traffic study including an evaluation of potential traffic problems, roadway geometry, and the impact the proposed traffic calming measures may September 29, 2015 Page 2 have on adjacent streets. Once a traffic study is completed, staff meets with neighborhood residents to discuss potential solutions. If physical modification to the street is proposed, a mail -back survey of all abutting properties is conducted. The proposal for traffic calming must be supported by 60% of those responding to the survey in order to be considered for implementation. No minimum number of responses to the mail -back survey is required, but a low response rate should be taken into account by the City Council. Discussion of Solutions: Staff explored a variety of options with neighborhood residents, including enhanced enforcement, pavement striping, and traffic circles. Speed humps were determined to be the most desirable solution due to the pavement width of Sandusky Drive (36 feet), the relative lack of on -street parking, and Sandusky Drive has become a convenient cut - through route—an alternative to Highway 6—through a portion of south Iowa City that lacks east -west street connectivity. Staff believes the installation of four (4) speed humps [see attached location map] will be the most effective measure to slow traffic along this portion of Sandusky. Financial Impact: There is currently a $25,000 annual budget for traffic calming installation. The estimated total cost to install 4 speed humps on Sandusky Drive, between Keokuk and Broadway Street, is $12,000 to $16,000. Recommendation: Given that the neighborhood has successfully completed the City's adopted traffic calming program and that speed humps can be implemented safely and effectively, staff recommends moving forward with installation of speed humps on Sandusky Drive as proposed. City of Iowa City Sandusky Drive ADT and 85th Percentile Speeds Data coiiected June 9th - 19th. 2015 77 e_ n oos n� at a } • • rte. ,i go z 'L_ From: Schroeder. Paul K To: Sarah Walz Subject: speed bumps on Sandusky Date: Friday, August 28, 2015 4:35:40 PM Yes Sarah this is a good idea, I would add bumps on Sandusky, east bound and west of Keokuk st, because when they come east on Sandusky and do not turn at Keokuk, they are really moving, with the parked cars from the rental units it is a high speed blind spot, I have been very fortunate to avoid being T-boned twice. Thanks Paul Schroeder 2256 Hickory Ct. Iowa City Ia. 52240 319-400-4762 From: Sarah Walz To: Sarah Walz Subject: FW: Sandusky speed bumps Date: Thursday, September 24, 2015 11:50:24 AM From: Jerry [mailto:dansk@mchsi.com] Sent: Tuesday, September 01, 2015 2:46 AM To: Council Subject: Sandusky speed bumps Dear Council, Recently signs have gone up on Sandusky proclaiming a Council vote for speed bumps on October 6th. I don't think I object but I am really puzzled as to why now. I remember when the residents of Highland got the Council to install traffic control measures and were promised that they would be tried for a year to see how they worked. They lasted three weeks before Council ordered them removed. They were removed because people cutting through the neighborhood complained and I belive the high speed on that street during a traffic survey was 83 MPH, no where near the speeds on Sandusky.These people complaining are not even from the neighborhood. The reason Sandusky has such a high traffic count and high speeds is because it is being used as a cut through to Sycamore. For years now the pattern is to use either Southgate or Keokuk to access Sandusky then right on Taylor and left on Burns to Sycamore thus avoiding the turning problems steming from the Hwy 1, Sycamore intersection. Recently this intersection has been improved, but old habits die hard. There are still large amounts of cars cutting through our neighborhood to get to neighborhoods east and south down Sycamore. I guess my real question is why not do speed bumps on Burns Ave also? Once you put them in on that incredibly short stretch of Sandusky people will use Broadway to come in or Taylor Drive. Either way the speeds will increase on Burns Ave as people try to make up preceived time lost on the Sandusky bumps. If your intention is to help the neighborhood then help all of it, not just a small strip of Sandusky! Put them in on Burns Ave also. Thank you for your time, Jerry Hansen Burns Ave. From: wOtrdCulvahoo.com To: Sarah Walz Subject: Sandusky drive proposal Date: Saturday, September 05, 2015 7:17:34 AM Good morning. My name is Mark Moyer. I live in Pepperwood on Briar Drive, 1143. I am a long time resident of the neighborhood, our home built in 80's. I travel Sandusky Drive on a daily basis. I applaud you for identifying and attempting to address the Sandusky Speedway issues. This has been an point of interest to me for some time, and I recently had called the City of Iowa City streets department to voice my concerns about the Speedway. While speed bumps are usually effective in slowing traffic down, it can present a new list of "problems". Many neighborhoods that have them offered as solutions to their problem find only that they wish they would go away. Much like rumble strips out your bedroom window. I am a motorcycle rider. As a motorcycle rider you are taught to not give up your lane. Hold your position in your lane when ever possible. Sandusky Speedway has become a slalom course of sorts. It is 4lanes wide, with room for parked vehicles on both sides leaving a full lane for opposing traffic in each direction. Cars are ALWAYS crossing the center of the road if there are cars parked on their side of the road driving into my lane, forcing me out of MY lane and towards the curb. I now hold my lane, stop and hold my position, ready to bail out off the side, as the drivers frequently do the "play chicken" thing and keep it in my lane till the last moment. The yelled and gestured obscenities really adds to the moment. This is a daily occurrence. This chicaning down the Sandusky Speedway slalom course allows these morons to accelerate their speed, which is the problem at hand here. This slalom course does not stop at Broadway by the way, the curves to the east just add to the "excitement of the course". The Taylor Drive intersection stop sign puts the brakes on their run, usually. A very affordable solution would be to put a solid yellow line down the center of Sandusky, thus clearly identifying the traveled lane in each direction. Vehicles will be forced by state law to stay in their lane, and, the speeds will moderate due to the "effect" of parked vehicles along the side of road. The drivers will break the law by crossing the clearly defined center of the road, and most will hold their lane. Most vehicles, even the morons whom think this is a speedway will obey the yellow line. Sandusky has a few subtle curves, it is not a straight line dragstrip. Keeping vehicles in their lane will help reduce the propensity to excessive speed. Enforcement would always help, I remember a police substation just up the road a few blocks. Perhaps too we should consider a "Crop circle" at Broadway. Folks love em. Another at Pepper and a third at Keokuk. My only concern is people getting dizzy with this solution, and suddenly the solution becomes a whole new problem. Thank you for allowing my input. Warmest Regards Mark Moyer 1143 Briar Drive Iowa City, IA 52240 319-354-5599 oyer cni mchsi.com Sent from Windows Mail Prepared by: Emily Ambrosy, Acting Traffic Engineering Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5250 RESOLUTION NO. 15-321 RESOLUTION AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON WESTBURY DRIVE BETWEEN GLASTONBURY STREET AND WESTBURY COURT WHEREAS, the City Council has established a traffic calming program for the City of Iowa City for the purpose of considering neighborhood traffic calming projects; and WHEREAS, the residents of Westbury Drive between Glastonbury Street and Westbury Court have gone through the process of considering a traffic calming project according to the City Council's approved procedure; and WHEREAS, a neighborhood survey has been conducted in accordance with the approved traffic calming program, and a 90% majority of the neighborhood has indicated they are in favor of speed humps; and WHEREAS, the City Council finds said proposal to be in the public interest and is consistent with its adopted traffic calming program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposal for the installation of speed humps on Westbury Drive between Glastonbury Street and Westbury Court is hereby approved. 2. City staff is directed to proceed with the installation of speed humps on Westbury Drive. 3. The installation will be reevaluated in one year by neighborhood survey in accordance with the City Council's approved procedure. Passed and approved this 6th day of ATTEST: V CI LERK October ,20 15 OR _ice`► I 2 Ap roved by c91t� City Attorney's Office �23 I Resolution No. 15-321 Page 2 It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton I 0-06-10 �` .-fir„ CITY OF IOWA CITY 11 M EMORAND Date: October 6, 2015 To: Tom Markus; City Manager From: Emily Ambrosy; Assistant Transportation Planner Re: Westbury Drive Traffic Calming Introduction: Residents along Westbury Drive, between Glastonbury Street and Westbury Court, submitted a petition requesting their street be considered for the City's Traffic Calming program. Westbury Drive is a two-lane north -south local street. The posted speed limit on Westbury Drive is 25 mph. Transportation Planning Staff completed a traffic evaluation that determined this street qualifies for the program based on the 85th -percentile speed of traffic exceeding 5 mph over the posted speed limit of 25 mph (see attachment). The residents of Westbury Drive completed the City Council's approved process for considering a traffic calming project. A neighborhood meeting was held to discuss the results of the study and to choose an option for addressing speeding. Subsequent to the meeting, a survey of the neighborhood indicated that 90% of responding households supported the installation of speed humps on Westbury Drive between, Glastonbury Street and Westbury Court. Thirteen (13) households were surveyed; ten (77%) responded, three (3) did not respond. Signs were also posted along Westbury Drive to solicit public comments about the proposed traffic calming. Staff received one (1) comment from a resident of Glastonbury Street (attached). Comments were also solicited from the City of Iowa City Police, Fire, Transit, and Public Works departments as well as the Johnson County Ambulance Service. No comments were received from these organizations. History/Background: In 1996 the City Council adopted the traffic calming program to help neighborhoods manage traffic speeds and volumes. Traffic calming may be achieved through one or more of the following approaches: • increased police enforcement that targets high speeds during specific times; driver education measures that increase motorists' awareness, such as "Share the Road" or "Check Your Speed" sign programs; or • physical modifications to the roadway To be considered for traffic calming measures a street must be classified as either a local street or collector street and meet one of the following: • Traffic volumes on a local street should exceed 500 vehicles per day and on a collector street exceed 1,000 vehicles per day, OR • The measured comfortable speed of drivers (85th percentile speed) should exceed 5 MPH over the posted speed limit. Upon submission of a petition, staff conducts a traffic study including an evaluation of potential traffic problems, roadway geometry, and the impact the proposed traffic calming measures may September 29, 2015 Page 2 have on adjacent streets. Once a traffic study is completed, staff meets with neighborhood residents to discuss potential solutions. If physical modification to the street is proposed, a mail -back survey of all abutting properties is conducted. The proposal for traffic calming must be supported by 60% of those responding to the survey in order to be considered for implementation. No minimum number of responses to the mail -back survey is required, but a low response rate should be taken into account by the City Council. Discussion of Solutions: Staff explored a variety of options with neighborhood residents, including enhanced enforcement, pavement striping, and traffic circles. Speed humps were determined to be the most desirable solution due to the relative lack of on -street parking and because Westbury Drive has become a convenient cut -through route — an alternative to Scott Boulevard. Staff believes the installation of two (2) speed humps (see attached location map) will be the most effective measure to slow traffic along this portion of Westbury Drive. Financial Impact: There is currently a $25,000 annual budget for traffic calming installation. The estimated cost to install 2 speed humps on Westbury Drive, between Glastonbury Street and Westbury Court, is approximately $6,000 to $8,000. Recommendation: Given that the neighborhood has successfully completed the City's adopted Traffic Calming program and that speed humps can be implemented safely and effectively, staff recommends moving forward with installation of speed humps on Westbury Drive as proposed. September 29, 2015 Page 3 Staff evaluation of traffic volume and speed. Proposed Speed Hump Locations on Westbury Drive Emily Ambrosy From: Jerry Raaz <raazja@mediacombb.net> Send Monday, September 14, 2015 9:50 PM To: Emily Ambrosy Subject: RE: Traffic Calming for Westbury Street - My Opposition If you do anything about speeders it should be on Scott boulevard. Thanks On Sep 9, 2015 8:06 AM, Emily Ambrosy <Emily-Ambrosy(a3,iowa-citv.org> wrote: Hi, Jerry — Thank you for your correspondence. I will share your written comments with the City Council. The proposal will be considered by the City Council on October 61b . Please let me know if you have further comments or questions. Emily Emily Ambrosy Assistant Transportation Planner I Metropolitan Planning Organization of Johnson County 410 E. Washington St. I Iowa City, IA 152240 Emily-Ambrosy@iowa-city.org 319.356.5250 From: Jerry Raaz [mailto-.muja@mediacombb.net] Sent: Wednesday, September 09, 2015 7:55 AM To: Emily Ambrosy Cc: Jerry Raaz Subject: Traffic Calming for Westbury Street - My Opposition Importance: High Emily I see your name attached to a notice sign displayed on Westbury Drive in NE Iowa City concerning a proposal to add traffic calming to Westbury Drive in Iowa City. I have lived at the corner of Westbury and Glastonbury for several years. I live right on the corner and have Westbury traffic pass my house 24 hours a day and I have never noticed a problem with traffic speeding or otherwise driving recklessly. I also walk the neighborhood almost daily and my walk takes me the entire distance of Westbury. Again I have never noticed any more problem with speeders or reckless driving on this stretch of road. I presume you have traffic reports and accident reports for hard data around this stretch of roads and can only imagine that this street has no more problems than any other stretch of roads in and around Iowa City. The notion or request for traffic calming `speed bumps' being placed along Westbury seems unneeded and unwanted and i oppose such a move. I support leaving the street and traffic flow just like it is now- and as a taxpayer don't see the need to expend money and add maintenance issues around this request. Mark my vote as "NO" to adding anything to Westbury Drive around the issue of traffic calming. If you could be so kind and acknowledge receipt of this email — that would be great. Please call me if any questions Jerry Raaz 3610 Glastonbury Street Iowa City, IA 319.330.4671