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HomeMy WebLinkAbout2016-01-19 Resolution2d(1) Prepared by: John Yapp, Dev. Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. RESOLUTION ACCEPTING DEVELOPER'S AGREEMENT AND EASEMENTS ASSOCIATED WITH THE FINAL PLANNED DEVELOPMENT OVERLAY (OPD) P1 AN FOR PRAIRIE HILL, IOWA CITY, IOW7A%,\ WHEREAS, the owne Iowa City Co -Housing (ICCH), LLC, has fil a Developer's Agreement and easement documents a sociated with Prairie Hill, a planned dev opment on the west side of Miller Ave in Iowa City, IA; and WHEREAS, the Develope Agreement sets forth proceOures to be followed for maintaining the private street and open spa"s contained within Prairie H)ff and for financing maintenance costs; and WHEREAS, the easements ar�for public sanitary solver, public water main, and for an access and utility easements for Prairie Hill ane, a private stre , and WHEREAS, the Conditional Zon g Agreeme associated with the Prairie Hill property requires review and approval of constructio drawings or the private street and the storm water management facility by the City Engineer prior to he fina site plan approval, and the City Engineer has approved said drawings; and WHEREAS, said planned developmentv's located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: / Lot 3 of Ruppert Hills Sub ivisio to Iowa City, IA, in accordance with the plat thereof recorded in Plat Book 46,/at page 7, in the records of the Johnson County Recorder's Office, containing 7.88 ac/es and sub ct to easements and restrictions of record. WHEREAS, the Department of Neighborhood Department examined the proposed Develop approval; and I Development Services and the Public Works Agreement and easements, and recommends WHEREAS, the planned development has been ma with the free consent and in accordance with the desires of the owners and proprietors. NOW, THEREFORE, B7 IT RESOLVED BY THE Cl COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City accepts the easements as provided by la including easements for public sanitary sewer, public Water main, and for an access and utili easement. 2. The Mayor aid City Clerk of the City of Iowa City, Iowaare hereby authorized and directed, upon approval by the City Attorney, to execute all legdocuments relating to said easement; and to certify a copy of this resolution. The C Clerk shall record the easement documents at the office of the County Recorder of JohnsoCounty, Iowa at the expense of the owner. Passed and approved this day of , 20_ Resolution No. Page 2 ATTEST: CITY CLERK It was moved by _ adopted, and upon ro AYES: MAYOR Approved by Ay Attorney's Office pod/templates/resolution accepting easements prairie hill.doc.doc be ®Ir CITY OF IOWA CITY-' .:m p It2d(2) ®� MEMORANDUM Date: January 5, 2016 To: Tom Markus, City Manager From: Geoff Fruin, Assistant City Manager Re: Sidewalk Cafe Regulations — Washington Street Reconstruction Project In 2016, the City intends to reconstruct Washington Street from Clinton to Linn. This project involves full sidewalk and roadway pavement removal and will be phased from April through October. Throughout this period there will be times when outdoor cafe spaces will be unavailable due to construction. Even when space is available, the outdoor dining atmosphere is likely to suffer due to adjacent construction noise, dust and incomplete landscaping among other issues. Business owners typically install cafes when the weather starts to warm in March. Because major construction will not start until mid-April and some existing cafe spaces will not be physically impacted until the summer months, staff intends to allow business owners to install their cafes per usual practice in early 2016. At such time construction encroaches, owners will be notified that they need to remove their cafe. As construction progresses throughout the season, sidewalk areas will be opened back up and new cafe spaces will be available for businesses to utilize. The Washington Street plan changes our approach to cafe placement. The City intends to require that all sidewalk cafes be detached from the business, thus leaving a consistent pedestrian path closer to the buildings. This approach promotes a better retail environment by keeping pedestrians close to storefront windows, which effectively increases the probability of a consumer entering a store or becoming aware of its merchandise for a future visit. The detached cafe layout also provides consistency in travel paths, which benefit those with mobility or sight impairments. The change in cafe layouts mean that businesses will likely have to invest in new fencing. For a couple reasons, staff feels it is best that the existing permanent cafe fencing be installed to start the season based on the 2015 layout, but to not require permanent fencing once the cafe space changes due to construction or after the construction is complete. First, it will be easier for the City and businesses to visualize potential cafe layouts after the sidewalk improvements are complete. Not rushing into a cafe layout and fencing plan will allow for more time to determine what layout is most appropriate for the each location. Second, when the sidewalks open back up, the public improvements will not be formally accepted. Staff does not feel it is prudent to allow for businesses to drill into the newly poured sidewalk until the project is completely closed out with the contractor. Project closeout will extend well beyond the period when the sidewalk areas are restored. Given all of the above considerations, staff is recommending two changes to the cafe regulations that will only apply to businesses within the project area during the year 2016. 1. Waiver of the per square foot fee for cafe space: Waiving this fee recognizes the limited cafe opportunities, diminished value of the space during construction, and provides relief to businesses that will have to spend several thousand dollars on new fencing due to changes in cafe layouts. The waiver does not include existing fees associated with use of public electricity or recording fees. 2. Use of temporary fencing: By allowing temporary fencing during construction the City can provide greater flexibility for businesses to provide for customers as available sidewalk space changes. Further, by allowing temporary fencing post construction, the January 5, 2016 Page 2 City will preserve the integrity of the improvements until the project is closed out and the City and businesses will have flexibility with placement that will better inform the long- term placement of cafes along the project corridor. The temporary fencing (ex: rope and stanchion) will be the responsibility of the businesses to provide. Staff feels these two temporary changes will best serve the City and businesses during the reconstruction project. Based on 2015 cafe numbers, this will impact nine cafes in the project area and result in a waiver of $19,605 in fees. Clearly, if a fee waiver is not approved the City will not realize this same revenue in 2016 as many businesses would only operate a partial year or decide not to utilize a cafe at all. Staff is recommending that the City Council consider the following resolution at their January 19th meeting. Prepared by Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 16-14 RESOLUTION REVISING THE SIDEWALK CAFE POLICY TO WAIVE THE ANNUAL FEE AND TO REQUIRE TEMPORARY FENCING DURING THE STREETSCAPE PROJECT ON WASHINGTON STREET. WHEREAS, in 2016, the City intends to reconstruct Washington Street which will entail full sidewalk and roadway pavement removal and will be phased from April through October; WHEREAS, throughout this period there will be times when outdoor cafe spaces will be unavailable due to construction, and even when space is available, the outdoor dining atmosphere is likely to suffer due to adjacent construction noise, dust and incomplete landscaping among other issues; WHEREAS, Resolution No. 12-435 adopts a "Sidewalk Cafe Policy;" WHEREAS, the Sidewalk Cafe Policy requires anchored fencing after the initial easement agreement and imposes annual fees; WHEREAS, when the sidewalks open back up, the public improvements will not yet be formally accepted, and it is not prudent to allow businesses to drill into the newly poured sidewalk until the project is completely closed out with the contractor; WHEREAS, additionally, staff intends to require all cafes to be detached from the building face beginning in 2017 to promote a better retail environment and to provide consistency in travel path; and WHEREAS, due to the construction on Washington Street during 2016 and the change in cafe locations planned for 2017, it is reasonable to revise the Sidewalk Cafe Policy to waive the annual fee and to require temporary fencing in 2016 for the cafes located on Washington Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The "Sidewalk Cafe Policy" (the section entitled Fencing For Cafes Not on the Street) is amended to allow for the following exception to the requirement of anchored fencing: Notwithstanding any provision herein, cafes in the 100 and 200 blocks of E. Washington Street shall use temporary fencing delineated by ropes or other suitable method approved by the City Engineer after the project forces the removal of the cafe for the duration of the 2016 cafe season. The anchored fencing requirement remains prior to the beginning of the project. 2. The "Sidewalk Cafe Policy" (the section entitled Fees) is amended to allow for the following exception to fees: Notwithstanding any provision herein, cafes in the 100 and 200 blocks of E. Washington Street shall not be assessed an annual fee for the 2016 caf6 season. Passed and approved this 19th day of January , 2016. ATTEST: CITY RK .oa Approved by: City Attorney's Office Resolution No. 16-14 Page 3 It was moved by Aims and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas the x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 16-15 RESOLUTION ESTABLISHING MOBILE VENDING PERMIT AND AMBULATORY VENDING PERMIT FEES AND RESCINDING RESOLUTION NO. 12-488. WHEREAS, section 10-3-5F of the City Code provides that fees for mobile vending permits shall be set by resolution, and section 10-5-8136 provides that fees for ambulatory vending permits shall be set by resolution; WHEREAS, Resolution No. 12-488 established fees for mobile vending and ambulatory vending permits; WHEREAS, the annual mobile vending fee should be increased to $1,500.00 so it appropriately compensates the City for the commercial use of City Plaza by a private business; and WHEREAS, the electricity fee should be increased to $300 to more accurately reflect the cost of providing and maintaining that service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The following fee schedule for mobile vending permits and ambulatory vending permits is established: 1. Mobile Vending Permits a. Annual Fee $ 1,500.00 b. Electricity Hook -Up Fee $ 300.00 2. Ambulatory Vending Permits a. Annual Fee $ 100.00 b. One-time Daily Fee $ 10.00 Resolution No. 12-488 is rescinded. Passed and approved this 19th day of January , 2016. MOOR ATTEST: CITY CtERK Approved City Attorney's Office Resolution No. 16-1 Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas the x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton A.,% tomWIL, 4CITY OF IOWA CITY 9-1 01-19-1 �� — 2d(3) 1�4-* 1 MEMORANDUM Date: January 12, 2016 To: Tom Markus, City Manager From: Geoff Fruin, Assistant City Manager Re: Mobile Vendor Fee Adjustment For many years, the City has issued mobile vending permits for food service businesses to operate on the Pedestrian Mall and Iowa Avenue. City Code allows the issuance up to six permits across the two locations. Currently, the City has five outstanding permits all of which are tied to Pedestrian Mall locations. The majority of regulations for the mobile vending operation are governed by administrative rules issued by the City Manager. However, fees are set by City Council resolution. Currently, fees are set at $1,000 per year for the permit and $180 a year for use of public electricity. The annual permit fee of $1,000 was last adjusted in 2011 and the electricity fee has not been updated since 1988 when it was charged on a monthly basis at $15 ($15 x 12 months = $180). Staff is currently soliciting applications for the next three year permit cycle that commences in April of 2016. After review of the current fees, I am recommending two adjustments. First, that the annual permit fee be increased from $1,000 to $1,500. 1 believe this increase still provides an affordable operating framework for the private business while at the same time more appropriately compensates the City for allowing commercial use of a very high traffic location. Secondly, I am recommending the electricity charge be increased from $180 per year to $300 per year. This fee has not been adjusted since 1988 and $300 more accurately reflects the cost of providing and maintaining that service. It is important to note that this fee is not charged if the mobile vendor does not need access to City electricity. I am recommending that the Council consider this fee adjustment at their January 19, 2016 meeting. C� 8- ( ei Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 16-16 RESOLUTION ACCEPTING THE WORK FOR THE ANIMAL CARE AND ADOPTION CENTER 2014 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Animal Care and Adoption Center 2014 Project, as included in a contract between the City of Iowa City and Todd Hackett Construction Company of Muscatine, Iowa dated June 10, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Animal Shelter in CIP account # Y4422 and WHEREAS, the final contract price is $ 2,714,720.29. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19`h day of January, 2016. ATTEST: Ae� e. CIT LERK MA OR Approved by City Attorney's ice It was moved by Mims and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton S'\ENGWWResolutionsWroject Resolutions\Accept ProjectW,imal Care and Adoption Facilty- acceptance\Accept Project- Animal Care and Adoption Center- resolution accepting project 01 05 2015 doc 1116 ®; CITY OF ICJ WA CITY 2d(4) -� MEMORANDUM DATE: January 12, 2016 TO: Tom Markus, City Manager FROM: Jason Havel, City Engineer Lr+f ,4 RE: Animal Care and Adoption Center 2014 Project Introduction: This agenda item is for acceptance of work completed as part of the Animal Care and Adoption Center 2015 Project. History/Background: The City of Iowa City received funding from the Federal Emergency Management Agency (FEMA) to construct a new Animal Center to replace the previous facility damaged by the 2008 Flood of the Iowa River. The City had approval from FEMA to proceed with an improved project and timeline for the selected site. The design development plans were approved by FEMA in November 2013 and the City was authorized to proceed with building. The City staff worked with architecture firm Neumann Monson PC on construction specifications and plans to bid a new freestanding Animal Care and Adoption facility at 3910 Napoleon Lane, in Iowa City, Iowa. The new building has 9500 SF occupied space consisting of animal holding, animal support, and office space. The new facility also includes a 2000 SF second story area consisting of general storage, mechanical and service spaces. The building is wood frame and masonry construction. The work included site work, general building construction, mechanical, electrical, communication, along with security and specialty systems required by the owner. A ground source heat pump system is a major portion of the new building's mechanical package. Discussion of Solutions: As part of the project, a building construction contingency was put in place to address unforeseeable problems during construction. Change orders were needed to accommodate a number of issues, such as actual available materials (the originally specified glazed block size was discontinued), modification of building systems in the field (such as adding covering over the exterior kennel spaces as required by the state inspector) and the charging of liquidated damages. In addition, since change orders were below the general average construction percentage, the full contingency was not needed, this resulted in lower final project costs. Financial Impact: The project was awarded to Todd Hackett Construction Company of Muscatine, Iowa with an original contract price of $2,806,900.00. Including project change orders and the reduction in project contingency, the final contract price is $2,714,720.29. Recommendation: Staff recommends acceptance of this project. ENGINEER'S REPORT January 12, 2016 City Clerk Iowa City, Iowa Re. Animal Care and Adoption Center 2014 Project Dear City Clerk: � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org I hereby certify that the construction of the Animal Care and Adoption Center 2014 Project has been completed by Todd Hackett Construction Company of Muscatine, Iowa in substantial accordance with the plans and specifications prepared by Neumann Monson Architects. The project was bid as a lump sum contract at $2,806,900.00 and the final contract price is $2,714,720.29. There were change or extra work orders for the project as described below: Description Amount Change Order 1 • Water cooler adding bottle filler and change trench drain -$ 13.58 credit • SIPs panels - changing thickness from 7/16 to 19/37 $ 4,697.16 • Eliminate thickened slab - found dog -$ 1,920.00 credit Chance Order 2 • Delete W6 fixture - at reception -$ 1,188.05 credit • Top course of SGT units and finish on partition walls $ 1,163.86 • Laminate change on door finish and casework $ 3,140.00 • Add additional phone/data in open office $ 1,153.84 • Change layout of fiberglass panel/vinyl wall base $ 99.00 • Additional solid surface countertop $ 275.00 • Fiber optic duct replacement (damage by contractor) -$ 365.00 credit Change Order 3 • Add fiberglass reinforced panel walls with cat cages $ 3,455.98 • Changing glazed tile size, spec size no longer available $ 9,609.38 • Exterior kennels - eliminate chain link fence/replace with masonry $ 6,398.73 Chance Order 4 • Add two single pole light switches $ 473.08 • Gutter material change - galvanized to galvalume $ 1,915.10 • Credit for unavailable glazed tiles -$ 4,275.56 credit • Add wood trim transitions , from unfinished wall to roof $ 2,484.64 • Drywall finish - change from level 4 to 5 $ 4,950.00 • Eliminate dog hooks -$ 38.00 credit Chancre Order 5 • Provide auto flow valve to coupon rack in mechanical room $ 653.40 • Canopies over adoptable dog courtyard /per state official $ 4,778.00 • Concrete curb stop at south drive $ 241.06 • Provide additional expansion joint/sealant at building perimeter $ 4,345.00 Change Order • Credit remaining contingency -$82,967.21 credit • Credit for fluid -applied epoxy flooring base caps $ 662.50 credit • Liquidated damages - 9 calendar days at $950/day -$ 8,550.00 credit I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer S9ENG\ARCHITEC LURE FILE\Projects\Animal Center Protect\DESIGN 2012\Final Acceptance documents and resolutions\Eogineer's Letter for ArnmaI Care and Adoption Center 2014 Project- Accept Project on January 19 2016.dur. Prepared by: Scott Sovers, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 16-17 RESOLUTION ACCEPTING THE WORK FOR THE EAST HARRISON STREET RECONSTRUCTION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the East Harrison Street Reconstruction Project, as included in a contract between the City of Iowa City and Carter and Associates, Inc. of Coralville, [A, dated May 21St 2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the East Harrison Street Reconstruction account # S3806; and WHEREAS, the final contract price is $616,386.73. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of January 12016 M OR Approved by ATTEST: CITY RK It was moved by Mims and seconded by adopted, and upon roll call there were: AYES x Pweng/masters/acptwork. doc 1/16 t -J&,» p4c City Attorney's Office Thomas the Resolution be NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton I —ate' ���� p� CITY OF IOWA CITY 2d5) � z-- �-M`4 MEMORANDUM Date: January 7, 2016 To: Tom Markus, City Manager From: Jason Havel, City Engineer 7:Vi-,E�,_ Re: East Harrison Street Reconstruction Project Introduction: This agenda item is for the final acceptance of work completed as a part of the East Harrison Street Reconstruction Project. This project generally included the replacement of the street, sidewalk, storm sewer and water main between Clinton Street and Dubuque Street. History/Background: The aforementioned section of East Harrison Street was in poor condition and was in need of replacement. Additionally, the construction of the new MidWestOne building and the future Harrison Street Parking Facility increased the need for public improvements to the corridor. Discussion of Solutions: As part of the project, two change orders were needed to address issues that arose during construction. Among these issues were changes to the proposed water distribution system within the project corridor as well as the modification of the traffic control as necessary to maintain access to adjoining properties. Financial Impact: The project was awarded to Carter and Associates, Inc. of Coralville, Iowa with a contract price of $579,104.00. Including project change orders, the final contract price is $616,386.73. Recommendation: Staff recommends acceptance of this project, ENGINEER'S REPORT Jan 12, 2016 City Clerk Iowa City, Iowa Re: East Harrison Street Reconstruction Project Dear City Clerk: CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org I hereby certify that the construction of the East Harrison Reconstruction Project has been completed by Carter and Associates, Inc. of Coralville, Iowa in substantial accordance with the plans and specifications prepared by MMS Consultants, Inc. The project was bid as a unit price contract and the final contract price is $ 616,386.73. There were a total of two change or extra work orders for the project as described below: 1. Water main & water service additions/changes, traffic control for temporary access to an adjoining property. $ 15,200.08 2. Dubuque Street Water main replacement, storm sewer changes to accommodate existing utilities, traffic control for temporary access to an adjoining property. $ 16,700.22 TOTAL $ 31,900.30 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer pweng/ma stars/engrpt. doc Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 16-18 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY WASTEWATER TREATMENT PLANT RELOCATION PROJECT, NORTH PLANT SALVAGE AND DEMOLTION PHASE WHEREAS, the Engineering Division has recommended that the work for the North Plant Salvage and Demolition Phase of the Iowa City Wastewater Treatment Plant Relocation Project, as included in a contract between the City of Iowa City and Veit and Company, Inc. of Rogers, Minnesota, dated April 14th, 2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the North Wastewater Plant Demolition account # V3142; and WHEREAS, the final contract price is $1,917,907.10. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of January , 20_1. 7 MOOR Approved by ATTEST: 2ka 7eQifi1��� iwtyDy1 Ist ClTrCLERK City Attorney's Office It was moved by Mims adopted, and upon roll call there were: AYES: x Pweng/masters/acptwork.doc 1/16 and seconded by Thomas the Resolution be NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton r 01-19-15 ®- CITY OF IOWA CITY 2d(6) MEMORANDUM Date: January 11, 2016 To: Tom Markus, City Manager From: Jason Havel, City Engineer -Tlf Re: North Plant Salvage and Demolition Phase Iowa City Wastewater Treatment Plant Relocation Project Introduction: This agenda item is for acceptance of work completed as part of the North Plant Salvage and Demolition Phase of the Iowa City Wastewater Treatment Plant Relocation Project. History/Background: After the 2008 flood rendered most of the North Wastewater Treatment Plant inoperable, a multiphase flood mitigation plan was put in place to permanently remove the facility from the path of repetitive flooding. Operations were moved from the North Plant and consolidated at the South Plant. Demolition of the North Plant is complete. Discussion of Solutions: As part of the project, one change order was unused cash allowances that were specified project. issued at the conclusion of the work to deduct to be included in the Contractor's Bid for this Financial Impact: The project was awarded to Veit and Company, Inc. of Rogers, Minnesota with a contract price of $2,049,663.00. Including the project change order, the final contract price is $1,917,907.10. Recommendation: Staff recommends acceptance of this project. � r ui 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 January 12, 2016 City Clerk Iowa City, Iowa Re: North Plant Salvage and Demolition Phase Iowa City Wastewater Treatment Plant Relocation Project Dear City Clerk: I hereby certify that the construction of the North Plant Salvage and Demolition Phase of the Iowa City Wastewater Treatment Plant Relocation Project, has been completed by Veit and Company, Inc. of Rogers, Minnesota, in substantial accordance with the plans and specifications prepared by Strand Associates, Inc. of Madison, Wisconsin. The project was bid as a lump sum contract and the final contract price is $1,917,907.10. There was a total of one change order for the project as described below: 1. Deduction of unused cash allowances that were specified to be included in the Contractor's Bid for this project. ($131,755.90) I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Jason Reichart, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5416 RESOLUTION NO. 16-19 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT NO. 1 TO THE AUGUST 26, 2014 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HBK ENGINEERING, LLC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FIRST AVENUE GRADE SEPARATION PROJECT. WHEREAS, the City of Iowa City entered into a contract for consulting services with HBK Engineering, LLC, of Iowa City, Iowa, on August 26, 2014 to provide project management services during the design phase of the First Avenue Grade Separation Project; and WHEREAS, it was determined during the construction phase of the First Avenue Grade Separation Project that the Consultant would need to provide ongoing coordination with the City's design consultant, Snyder & Associates, Inc., Utility Companies, and Iowa City Community School District for numerous utility relocations; and WHEREAS, it was also determined during the design phase that the City desires to have the Consultant provide additional public coordination and permitting services; and WHEREAS, the City desires to expand the scope of engineering services of the Consultant, as noted above, related to the proposed First Avenue Grade Separation Project; and WHEREAS, the City of Iowa City has negotiated Amendment No. 1 to the August 26, 2014 Agreement for said consulting services with HBK Engineering, LLC, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with HBK Engineering, LLC; and WHEREAS, funds for this project are available in the First Avenue/IAIS RR Crossing Improvements account # S3871 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Amendment No. 1 to 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 Amendment No. 1 to the Consultant's Agreement. Passed and approved this 19th day of ATTEST: or�� CITY LEERK Pwenglmasters\Res-ConsuttAgt. doc January 20 16 11" 1�4 M4YOR Ap ved by City Attorney's Office Resolution No Page 2 16-19 It was moved by Mims and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton CONSULTANT AGREEMENT FIRST AVENUE GRADE SEPARATION PROJECT AMENDMENT NO. 1 CONSTRUCTION PERIOD SERVICES THIS CONTRACT AMENDMENT NO. 1 made and entered into this J/ day of LkXIRV&IES, , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and HBK Engineering, LLC of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, on August 26, 2014, the City and Consultant entered into a consultant agreement to provide project management services during the design phase of the First Avenue Grade Separation Project; and WHEREAS, it was determined during the construction phase of the First Avenue Grade Separation Project that the Consultant would need to provide ongoing coordination with the City's design consultant, Snyder & Associates, Inc., Utility Companies, and Iowa City Community School District for numerous utility relocations; and WHEREAS, it was also determined during the design phase that the City desires to have the Consultant provide additional public coordination and permitting services; and WHEREAS, the City desires to expand the scope of engineering services of the Consultant, as noted above, related to the proposed First Avenue Grade Separation Project; and NOW THEREFORE, it is agreed by and between the parties hereto that the City does now amend the original contract with the Consultant, dated August 26, 2014, to provide additional services as set forth herein: I. SCOPE OF SERVICES A. Section I Scope of Services is hereby amended by adding the following items to Section A. Property Acquisition: 8. Coordinate and act as prime contact for all Iowa City School District acquisition. 9. Attend additional meetings on behalf of City of Iowa City in order to obtain permanent and temporary easements. 10. Provide required documentation for Hawkeye Land and Iowa Interstate Railroad (IAISRR) acquisition. B. Section 1 Scope of Services is hereby amended by deleting item 3 from Section E. Permitting & Agreements and adding the following items thereto: 3. Develop and obtain General Permit No.2 w/ IDNR. -2- C. Section I Scope of Services is hereby amended by deleting "Construction Management' from Additional Services and adding the following Section F. Construction Management thereto: F. Construction Management 1. Coordinate with various utilities outside the original scope of services including Verizon, Zayo, Windstream, and the University of Iowa. 2. Coordination of Verizon fiber optic relocation with William Vincent (Design) and Danielson Contractors. 3. Coordination w/ Snyder & Associates to transpose and reformate staking points in regard to Microstation and previous VJ Engineering datum. 4. Construct staking of proposed fiber optic alignment for Verizon fiber optic relocation. II. PROJECT COMPLETION The Consultant shall provide Services added herein in accordance with the following anticipated Project phases and schedule shown below. Task Additional items defined in this Scope of Services Ill. GENERAL TERMS No changes are made to the General Terms. IV. COMPENSATION FOR SERVICES Start Complete April 1, 2015 June 30, 2015 The Consultant shall be compensated for the scope of services added herein based on an hourly fee as shown on Exhibit A, HBK Engineering Standard Hourly Rates, not to exceed $7,135.00 without prior written approval by City Council. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. VI. Unless specifically and expressly amended herein, the August 26, 2014 Consultant Agreement shall remain in full force and effect. Egli FOR THE CITY By:. Title: James A. Throgmorton, Mayor Date: January 19 , 2016 ATTEST: FO THE CONSULTA T By: Title:—(nc— Date: Approved by: City Attorney' Office ,4z� 6 Date HBK Engineering, LLC IOWA CITY OFFICE Updated: January 1st, 2015 LmuTY INfNAS7RUm-m SOLUTIONS 1 ENGINEERING 509 South Gilbert St., Iowa City, IA 52240 Tel: (319)338-7557 • Fax: (319)358-2937 —•� _ CITY OF IOWA CITY 2 d■ N7 . MEMORANDUM Date: January 5, 2016 To: Tom Markus, City Manager From: Jason Havel, City Engineer', Re: Amendment to Consultant Agreement for the First Avenue Grade Separation Project Introduction: The January 19, 2016 City Council agenda includes a resolution relating to an amendment to HBK Engineering's Consultant Agreement for the First Avenue Grade Separation Project. History/Background: The City of Iowa City entered into a contract for consulting services with HBK Engineering, LLC, of Iowa City, Iowa, on August 26, 2014 to provide project management services during the design phase of the First Avenue Grade Separation Project. It was determined during the construction phase of the First Avenue Grade Separation Project that the consultant would need to provide ongoing coordination with the City's design consultant, Snyder & Associates, Inc., utility companies, and Iowa City Community School District for numerous utility relocations. It was also determined that the City desires to have the consultant provide additional public coordination and permitting services Discussion of Solutions: City Staff desires to secure the services of the Consultant to provide additional utility relocation assistance, public coordination, and permitting services for the First Avenue Grade Separation Project. HBK Engineering will assist City staff in coordinating utility relocations with multiple parties, public meetings, and storm water permitting. Financial Impact: An Hourly not to Exceed fee of $7,135.00 has been negotiated with HBK Engineering, LLC, for services performed beyond the original contract scope. The amendment is based on HBK Engineering's 2015 Standard Fee Schedule. Recommendation: Staff recommends approving the amendment to the original First Avenue Grade Separation Project Consultant Agreement. . �q Prepared by: Susan Dulek, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 16-20 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND NATIONAL DEVELOPMENT COUNCIL REGARDING COMMUNITY AND ECONOMIC DEVELOPMENT ADVISEMENT WHEREAS, on July 12, 2010, the City entered into an agreement with the National Development Council (NDC) to facilitate negotiations and pursue financing packages that will enable redevelopment of key areas; and WHEREAS, the City entered into a second agreement with NDC on January 14, 2014 that expired January 15, 2016; and WHEREAS, staff has approved entering into another agreement for the same services on a sole source procurement basis; and WHEREAS, funds for this agreement are budgeted in the account for consultant services 10510610-432060; and WHEREAS, it is in the City's best interest to enter into a one-year agreement with NDC for $79,560 with the option to extend the term for a second year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is hereby authorized to sign the attached one-year consultant's agreement with NDC for $79,560 with the option to extend it for one year. Passed and approved this 19th day of January , 2016. ATTEST: C CLERK MAYO Approved b City Attorney's Office Prepared by: Susan Dulek, 410 E. Washington St., Iowa City, IA 52240 (319) RESOLUTION NO. ION AUTHORIZING THE CITY MANAGER :NT BETWEEN THE CITY AND NATIONAI REGARDING COMMUNITY AND ECONJ61 WHEREAS, on July 12, 2010, a City entered into an ag ment with the National Development Council (NDC) to facilitate n6gotiations and pursue financing packages that will enable redevelopment of key areas; and WHEREAS, the City entered into a nd agre January 15, 2016; and WHEREAS, staff has approved entering to source procurement basis; and WHEREAS, funds for this agreement i 10510610-432060; and WHEREAS, it is in the City's best ' Brest to $79,560 with the option to extend th term for a with NDC on January 14, 2014 that expired agreement for the same services on a sole in the account for consultant services Into a one-year agreement with NDC for year. NOW, THEREFORE, BE IT OLVED BY THE G T CITY, IOWA, THAT: \ The City Manager is hereby thofted to sign the attach NDC for $79,560 with the o on to extend it for one year. Passed and approved ATTEST: CITY COUNCIL OF THE CITY OF IOWA one-year consultant's agreement with day of , 2016. MAYOR Approved by City Attorney's 0-3 0 Resolution No. 16-20 Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas the Botchway Cole Dickens Mims Taylor Thomas x Throgmorton AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NATIONAL DEVELOPMENT COUNCIL REGARDING COMMUNITY AND ECONOMIC DEVELOPMENT ADVISEMENT This Agreement is made and entered into this qday of January 2016, by and between the CITY OF IOWA CITY, an Iowa municipal corporation whose address is 410 East Washington Street, Iowa City, Iowa 52240 (the "Client"), and National Council for Community Development, doing business as the NATIONAL DEVELOPMENT COUNCIL ("NDC" or the "Contractor), a New York non-profit corporation, which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, whose address is 708 Third Avenue, Suite 710, New York, New York 10017. WITNESSETH THAT: WHEREAS, the Client desires to receive professional services from NDC to develop and assist in the implementation of the Client's community and economic development programs; and WHEREAS, NDC is willing to provide, on such terms and conditions as are hereinafter provided, technical assistance to the Client utilizing its expertise in economic and community development activities and housing. NOW THEREFORE, in consideration of the above-mentioned premises and of the mutual covenants contained herein, the parties hereto agree as follows: I. SCOPE OF SERVICES The Client acknowledges that NDC regularly performs services for various governmental agencies and public benefit corporations located across the United States. The purpose of this Agreement is to set forth the terms upon which NDC will provide the Client with assistance it has requested, which is generally described as Exhibit A attached hereto and incorporated herein. NDC agrees to perform such services as are requested by the Client and to provide such services, as it deems necessary to accomplish the goals requested. Exhibit A attached hereto fully describes the services to be offered to the Client by NDC. In performing the requested services, NDC shall consult with officers and employees of the Client and shall meet, as appropriate, with such representatives or other entities when necessary, including, without limitation, State and Federal officials and other local organizations. EL DURATION, TERMINAIJON NDC agrees to commence work for the Client effective January 19, 2016, and shall continue providing technical assistance for twelve (12) months. This agreement may be extended by mutual agreement for a period of not greater than twelve (12) months. Either party may, at any time, terminate this Agreement with or without cause by sending written notice to the other party, in which event this Agreement shall be terminated effective 30 days after receipt of such notice. III. COMPENSATION The Client shall compensate NDC for performance of services received hereunder in the total amount of Seventy -Nine Thousand Five Hundred and Sixty dollars ($79,560.00) ("base fee amount"), payable in monthly installments of Six Thousand Six Hundred and Thirty dollars ($6,630.00). The base fee amount includes all of NDC's time, travel expenses, supplies, postage, telephone, and other similar expenses. As an independent contractor, NDC is responsible for all taxes and other benefits of the employees of NDC and nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership, or agency between the Client and the NDC. Payment by the Client for services rendered under this Agreement evidences the Client's acceptance of such services in accordance with the terms of this Agreement. Upon extension the parties may consider an adjustment in the fee paid by the Client in an amount not to exceed 5% of the current base fee amount. IV. MISCELLANEOUS PROVISIONS 4.1 Confidentiality of Rep2rb NDC shall keep confidential all reports, information and data given to, prepared or assembled by NDC pursuant to NDC's performance hereunder and Client designates in writing as confidential. Such information shall not be made available to any person, firm, corporation or entity without first obtaining the prior written consent of Client unless otherwise mandated by applicable law. 4.2 Equal ORRortunity and Anti -Discrimination. NDC shall comply with all provisions of Title VI of the Civil Rights Act of 1964 and of the rules, regulations and relevant order of the Secretary of Labor regarding discrimination. In the event a party is determined by the final order of an appropriate agency or court to be in violation of any non-discrimination provision of federal, state, or local law, this Agreement may be cancelled, terminated or suspended in whole or in part by the Client, and that party may be declared ineligible for further Client contracts. NDC shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 4.3 Conflicts of interest No board member, officer or employee of Client or its designees or agents, and no other public official who exercises any functions or responsibilities with respect to any requested technical assistance, shall be permitted to financially benefit from this Agreement or have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with this Agreement. Upon signing this Agreement, NDC acknowledged that Section 362.5 of the Iowa Code prohibits a City of Iowa City officer or employee from having an interest in a contract with the City of Iowa City, and certifies that no employee or officer of the City of Iowa City, which includes members of the City Council of Iowa City and Iowa 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. 4.4 Notices. All notices shall be sent by certified mail, hand -delivery or overnight mail and in all events with a written acknowledgment of receipt to the address set forth at the beginning of this Agreement. 4.5 Responsibility or Claims -Mutual Indemnification NDC agrees to indemnify and save harmless Client, their agents, officials, and employees from any liability, damage, expense, cause of action, suit, claim, judgment or expenses (including attorneys' fees) arising from injury to person, including death or personal property or otherwise, caused by or resulting from the activities in furtherance of the work described herein. Client agrees that such indemnity shall not apply to any actions, claims or damages arising as a result of Client's bad faith, willful misconduct or gross negligence. 4.6 Release of News Information. Except as required by Chapter 22 of the Iowa Code, no news release, including photographs, public announcements or confirmation of same, or any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without prior written approval of the Client. 4.7 Com Iii nge with (Laws. NDC agrees to comply with all applicable federal, state and local laws in the conduct of the work hereunder. This Agreement shall be construed, interpreted and the rights of the parties determined, in accordance with the laws of the State of Iowa. 4.8 Assignment. Neither this Agreement nor any rights, duties or obligations described herein may be assigned by either party without the prior expressed written consent of the other party. 4.9 Severability. A determination that any part of this Agreement is invalid shall not invalidate or impair the force of the remainder of this Agreement. 4.10 A&knowledgement. The Client expressly acknowledges that all opinions and advice (written or oral) given by NDC to the Client in connection with NDC's engagement are intended solely for the benefit and use of the Client considering the financing and the Client agrees that no such opinion or advice shall be used for any other purpose or reproduced, disseminated, quoted or referred to at any time without the prior consent of NDC, except as required by Chapter 22 of the Iowa Code. 4.11 Disclaimer. The Client is a sophisticated business enterprise and has retained NDC for the purposes set forth in this Agreement and the parties acknowledge and agree that their respective rights and obligations are contractual in nature. Each party disclaims an intention to impose fiduciary agency rights or obligations on the other by virtue of the engagement hereunder. 4.12 fig. NDC agrees at all times material to this Agreement to have and maintain professional liability insurance covering the NDCs liability for NDCs negligent acts, errors and omissions to the Client in the sum of $1,000,000. 4.13 Entire Agreement, This Agreement contains the final agreement between the parties regarding the matters covered and supersedes any and all other agreement, either oral in writing, regarding the matters contained herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. Name of Client: NATIONAL B By. Name: Thomas M. Markus; City Manager Nay Date: /-- SCJ — /or, Appro ed;, City Attorney's office Date: 11/111b President I*X SCOPE OF SERVICES The Scope of Services describes the assistance available under this Technical Assistance Agreement during the specified contract period. The Client and NDC, by mutual agreement, may revise this Scope of Services from time to time. The assistance within this Scope of Services includes: A. NDC shall provide a minimum of two (2) days per month of on-site technical assistance to the Client in the areas defined in this Exhibit. Off-site technical assistance will be made available to the Client as requested via email, phone, facsimile or other means. B. NDC shall provide technical assistance to the Client in the design, implementation, and monitoring of the financing elements of the Client's economic, housing and small business development plans for the Towncrest, Riverfront Crossing and other redevelopment areas as identified by the Client. C. At the Client's request, NDC will review and evaluate projects being considered by the Client for community and economic development assistance. This technical assistance may include, but is not be limited to: 1. Evaluating developer experience and capacity. 2. Financial review of the sources and uses, operating proformas, and financial statements for proposed projects. 3. Structuring of deals with available public sector economic, housing and small business development programs. 4. Review of appraisals, cost assumptions, capital budgets, operating statements, marketing data and other funding commitments. 5. Advising on tax credit equity sources, requirements and structuring 6. Identifying other funding sources for the range of commercial, industrial, and residential real estate and business credit deals prioritized by the Client. 7. Assisting with development issues during pre -development and development phases. 8. Advising on program regulations issues. D. NDC will provide technical support and financial analysis to the Client with respect to its existing and proposed economic and housing development programs. Such assistance and analysis may include, but is not limited to: 1. Reviewing program compatibility with other private and public financing programs. 2. Recommending revisions to the program to increase its ability to leverage additional private, federal, state and philanthropic resources. 3. Identifying issues associated with the application, review, underwriting and compliance monitoring on programs that could improve their effectiveness in meeting the Client's development goals and objectives. E. NDC will provide technical assistance and advocacy in the Client's efforts to seek funding or to leverage existing resources through federal, state and local governmental programs including, but not limited to: 1. Community Development Block Grant (CDBG) program 2. HOME Investment Partnership program 3. HUD Section 108 loans, including Brownfields Economic Development Initiative (BEDI) grants 4. U.S. Department of Commerce Economic Development Administration (EDA) 5. U.S. Environmental Protection Agency (EPA) Brownfields Program, including Targeted Assessments, Supplemental Pilot Program, and Brownfields Revolving Loan Fund 6. U.S. Small Business Administration 7(a), 504, and Microenterprise programs 7. New Markets Tax Credits Program 8. Federal Home Loan Bank Community Investment Program 9. Rehabilitation Tax Credits (Historic Tax Credits) 10. Low -Income Housing Tax Credits (LIHTC) F. The Contractor shall provide additional assistance to the Client when requested to: 1. Attend meetings with developers, private lenders, Federal and State officials and others. 2. Work with State and Federal officials to insure their continued support and assistance to the City's programs and projects. 3. Assist in modification of grant agreements and loan documentation as well as work to insure approval of such modifications by authorizing agencies. 4. Assist in the negotiations of terms and repayments on financing programs. 5. Inform staff of changes in Federal and State programs in a timely fashion. G. Technical Assistance is defined to also include training in the development of financing tools, financing analysis skills, loan programs and packaging requirements in both housing and economic development with the goal of building the capacity of the Client's staff to analyze projects and utilize public and private financing tools. H. Assistance to the Client in marketing, developing and maintaining the commitment of lending institutions, developers, federal state and local government officials and community groups to the Client's redevelopment plans and/or specific projects. Assistance shall include but not be limited to the following, upon request: 1. Attend briefings with lending institutions and potential applicants to explain the Client's economic development, small business and housing financing programs. 2. Make formal presentations to professional organizations of lending institutions, lawyers, accountants, architects, developers, etc. 3. Attend other meetings and conduct other presentations (including preparation of necessary presentation materials) as requested by the Client. I. Where applicable and upon request by the Client, NDC shall make available to the Client, and/or developers selected by the Client, programs and associated financial products administered by NDC. NDC may assess additional fees for such programs if it is NDC's policy to charge such fees. Such programs may include, but are not limited to: 1. SBA 7(a) loan Guarantee Program (Grow American Loan Fund) 2. Low Income Housing Tax Credit syndication services (Corporate Equity Fund) 3. Rehabilitation (Historic) Tax Credit syndication services (Corporate Equity Fund) 4. New Markets Tax Credits (Housing and Economic Development Corp.) 5. Renewable Energy Production Tax Credit and Loan Guarantee Program 6. Distressed Properties Program J. As requested by the'Client, NDC shall provide a report summarizing its technical assistance activities on behalf of the Client and the accomplishments associated with these services. r 01-19-16 _��,--.-4 CITY OF IOWA CITY 2d(9) S. MEMORANDUM To: Tom Markus, City Manager From: Wendy Ford, Economic Development Coordinator Date: January 6, 2016 Re: Renewal of Agreement with the National Development Council (NDC) Introduction On the January 19, 2016 City Council agenda is a resolution to authorize the City Manager to sign a contract with the National Development Council (NDC), a national non-profit organization specializing in finance and community development for economic opportunity, job creation, small business development, affordable housing, neighborhood revitalization and general community development. History/Background On July 12, 2010 City Council passed a resolution approving a 2 -year contract with NDC that was extended to January 2014. On January 14, 2014, Council approved a second contract that expires on January 15, 2016. NDC works with the City to analyze housing, economic development and community development projects. • NDC assists the City by working with developers on financing proposals that request City participation. They assist the City in meeting with owners, lenders, and development professionals to sort through the myriad cost components of development projects. Finally, they provide the City with analysis on the financial strength of a project and a recommendation regarding use of public funds. • NDC has recently assisted by providing examples of affordable housing programs in other communities and is currently helping develop the basis for an appropriate 'fee in lieu' policy -- a payment in lieu of providing on site affordable housing. NDC is the oldest national non-profit and only community development organization that provides a full range of services vital to successful economic and housing development. Its expertise is in assisting cities to facilitate and develop financing strategies for local community and economic development projects. They are knowledgeable and experienced with financing options available to cities such as Low Income Housing Tax Credits, New Markets Tax Credits, public/private partnerships, 501(c)(3) tax-exempt bonds, SBA loans, and tax increment financing. It is because of the unique qualities and expertise that NDC offers that the City is using the Sole Source Procurement process. Discussion of Solutions The City has worked with NDC on structuring finance packages for numerous development projects since 2010. NDC's expertise comes in part from working with communities across the nation. Their financial analyses are designed to ensure that financial structures are sound and most importantly, that developer equity and debt are maximized if public funds are sought. These skills are highly developed, critical and rare. In our opinion, there is no other non-profit organization with a matching width and breadth of expertise. Financial Impact The cost of the contract is $6,630 a month for 12 months, with an option to renew. Funds have been budgeted in Economic Development Consultant services. Recommendation Staff recommends the renewal of the NDC contract. Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240, 319-356-5053 2d RESOLUTION NO. 16-21 RESOLUTION AMENDING THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION (ICMA RC) DEFERRED COMPENSATION AGREEMENT TO INCLUDE ROTH IRA'S WHEREAS, the City of Iowa City ("City") has employees rendering valuable services; and WHEREAS, the City has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City has determined that the continuance of the deferred compensation plan will serve these objectives; and NOW THEREFORE BE IT RESOLVED THAT: 1. The City hereby amends and restates the deferred compensation plan to include Roth IRA's: The ICMA Retirement Corporation 457 Governmental Deferred Compensation Plan & Trust; 2. T he assets of the Plan shall be held in trust, with the City serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in Vantage Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; 3. The City agrees to serve as Trustee under the Plan; 4. The Finance Director is authorized to administer the City's obligations under the Plan and sign all documents necessary in connection therewith. Passed and approved this 19th day of January 2016 MA OR 1i!&51-1FdP App oved 1_12 -/� City Attorney's Office Resolution No Page 2 16-21 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: Thomas the AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton 01-19-16 2d(12) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 16-22 RESOLUTION ACCEPTING THE DEDICATION OF A UTILITY EASEMENT WITHIN WALDEN WOOD, PART 10, IOWA CITY, IOWA. WHEREAS, the City approved the final plat of Walden Wood, Part 10 on November 12, 2013, pursuant to Resolution 13-328, which plat and associated legal agreements, including a utility easement agreement, were recorded in Book 5181, Pages 624-654, in the records of the Johnson County, Iowa Recorder's Office; and WHEREAS, during the course of constructing this subdivision, the utility companies requested that the developer grant a wider utility easement than it had granted with the original subdivision in order to accommodate the various utilities installed within this easement area; and WHEREAS, the owner, Walden Wood Lot 79, L.L.C. has agreed to make that dedication and enter into a utility easement agreement on terms substantially identical to the terms of the existing utility easement agreement; 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 Walden Wood Lot 79, L.L.C.'s expense. Passed and approved this 19th day of Januar , 2016. MAWOR ATTEST: A/ . wt/ CITftLERK Approved by City Attorney's Office Resolution No. 16-22 Page It was moved by Mims and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton Prepared by and Return to: C. Joseph Holland Ste 300 123 N Linn St Iowa City, IA 52245 (319) 354-0331 UNDERGROUND UTILITY EASEMENT AGREEMENT Walden Wood Part 10 Walden Wood Lot 79 LLC ("Grantor")hereby grants to MidAmerican Energy, Centurylink Corporation, MediaCom Iowa, L.L.C., and the City of Iowa City, and their successors, ("Grantees") a perpetual easement upon, over, under, along and across the areas marked upon the attached Exhibit as "5' Utility Easement" sometimes referred to herein as the Easement Area. Grantees shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines within the Easement Area below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purposes of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the Easement Area. Grantees shall indemnify Grantor against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Grantor, its successors in interest and assigns, reserve the right to use said Easement Area for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, fence, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Area. No permanent dwellings or trees shall be placed on the areas so designated for Utility Easements, but with advance written authorization to the Grantee's Representatives the same may be used for gardens, shrubs, plantings, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted, but such items placed in the Easement Area, with or without City approval, may be removed by the Grantees without compensation or replacement. Dated as of this /q' lday of 49eeember, 201 GRANTOR: Walden Wood Lot 79 LLC by: Southgate Develr ent Services, L.L.C., Manager By: Terry Silk(, Manager CITY: By: , Mayor James A. Throgmorton Ap roved by: 2 City Attorney STATE OF IOWA ATTEST: Marian K. Karr, City Clerk ) ss: JOHNSON COUNTY ) This instrument acknowledged before me this ' day of December, 2015, by Terry Sill, Manager of Southgate Development Services, L.L.C., Manager of Walden Wood Associates II LLC. ,y HOLLAND oer141011 .; su,n txplres tv��rch 24, 2017 Notary Public in and for the State of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged f ,yes V .... i e and Marian K. Karr "` '� the City of Iowa City, Iowa. NC. JOSEPHFIOLLAND Comndsdon Number 141011 My Cbreftdm Expires Momh24,2017 before me this day of 201, by , as the Mayor and City Clerk, respectively, of Notary Public in and for the State of Iowa KELLIE K. TUTTLE C1,mrlis,icr N'umber221819 �! 'r my Com Issio Expires yIOWA EXHIBIT 5' UTILITY EASEMENT PART OF LOTS 10 THRU 18 AND PART OF OUTLOT A WALDEN WOOD PART 10, IOWA CITY, JOHNSON COUNTY, IOWA EXISTING 10' I R'T 2 ' OT 1 UTILITY EASEMENT—ice N640 00 I"E EXISTING 20'X10' LDEN WC Y OW A WA�CWA CIT 04 W SANTARYEXISTING 20 SANITARY SEWER I EASEMENT PAGE BOOK 30 N8996'43"E SEWER EASEMENT 201.64' I _-1 51.64' jl 150.00' 20' "1 .) 30.00' 1 1 FD. 5/8" REBAR '-,��/ N0'36'39"W I I- g IN89-22'45"E PLASTIC �°i� .56'-20.00'g O R♦ 30.26II IP 150.00' 1 gi, 11'Ja CA/P N0.06709 ND'6 49"W �— Ty q♦♦ 20: -�• II"� 150 00' EXISTING $ ( I 185.16' ACCESS c - - - EASEMENT H _N89'23 21 "E 172.89 NO'36 39 W - - - - N89'23'21 "E 4 4. " + EXISTING STORM 29 07' S WATER MANAGEMENT NO'36'39"W FACILITY AND ACCESS y• 9EASEMENT 230 39 58'2321 W ----- -- -140.52' _ -------i N82-47'AYE _ _ _ _ - - - N8914'21 7"E _ - 10�P 90.22 10 OUTIAT C ;310��`� 4lOpp� C `>1Q" 112 g6 / `N78j6'09"W �p � _ 89.29'.✓% • - �:._ 573'2'5 AS W N01*4. 89 W /� FD. CUT 'X' S89'23'21" (203.72) w-00'- I- . N8922 45 6 120.00'= j -20.00.1 IN89-22.45"E 1150.06 —4- 20 001 ♦"� I — 120.00' N89'22'45"E ♦Q� 1 150.01 _t N89.22' ' "E I 4♦s 30.00' I s r - - 118.21_ _ I T3o.00= 31.79'1 ♦b N I 3o.Do, I — r ♦0 1 _ 120.00. y20.00 I -I IN89'22'45"E � I 1150.0 rI 00 ;� l ♦n 120.00 I n I N8922'45"E 1150.0 W EXISTING 20' 1�� SANITARY ?i SEWER EASEMEI, N89-22'45"E (S8855 20 W) to 203.44' T - - - - S89ro000"W - - "� -�.C�---�---� �9ys�a---- - --- \ (1?03 \ 2 1�03�, 16.32' \ EXISTING STORM SEWER \ EASEMENT \ \ LEGAL DESCRIPTION: FD. 5/8" REBAR / N8"W W/ YELLOW PLASTI 82 47' C / 82.47' CAP N0. 6709 / EXISTING / WALKWAY EASEMENT / N46'34'45"W 38.84' FD. 5/8" REBAR 1 20;—F - ,t3 1 N I t - L -v =I 87,74 N86 -09'13"W - 102.79' I EXISTING N86 -09-13"W 1 WALKWAY 5.02 —L EASEMENT I I EXISTING 20' SANITARY I W/ YELLOW PLASTIC y g UTILITY EASEMENT CAP NO. 6709 ' - - - - / 0' XISTING 10' N 4 WALKWAY I EASEMENT PART OF LOTS 10 THRU 18 AND PART OF OUTLOT A, WALDEN WOOD PART 10, IOWA CITY, JOHNSON COUNTY, IOWA AS RECORDED IN BOOK 58, PAGE 61 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: I N89'16'43"E 5. DO' 40' I i ` I I � 1 n I I WALKWAY I z EASEMENTI 0 � Ia -EXISTING 10 UTILITY R EASEMENT .1 nr I I^v I L410, I POINT OF BEGINNING FD. CUT 'X' LI N86'0943"W 40 —+•� L_10.03' I I I I I COMMENCING AT THE SOUTHEAST CORNER OF OUTLOT A, WALDEN WOOD PART 10; THENCE N86'09'13"W 10.03 FEET ALONG THE SOUTH LINE OF SAID OUTLOT A TO THE POINT OF BEGINNING; THENCE CONTINUING N86.09'13"W 5.02 FEET ALONG SAID SOUTH LINE; THENCE NO'41'24"W 286.50 FEET TO THE NORTH LINE 0 30 60 99 120 OF LOT 10, WALDEN WOOD PART 10; THENCE N89'16'43"E 5.00 FEET ALONG SAID GRAPHIC SCALE IN FEET NORTH LINE; THENCE SO'41'24"E 286.90 FEET TO THE POINT OF BEGINNING. SCALE 1"=60' SAID PARCEL CONTAINS 0.03 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SURVEY LEGEND FD. 1/2- REBAR W/YELLOW PLASTIC CAP NO. 18769 UNLESS OTHERWISE NOTED OWNER/PREPARED FOR: WALDEN WOOD LOT 79 LLC RECORDED AS RYAN R. REMLING L.S. -------------- EASEMENT LINE SURVEY WORK HALL & HALL ENGINEERS INC. — — — — SECTION LINE PERFORMED: 1860 BOYSON ROAD 1/4-1/4 10/25/13 HIAWATHA. IOWA 52233 — EXISTING LOT LINE 319-362-9548 S Sheet roe: HALL & HALL ENGINEERS, INC. o Q EXHIBIT 7 daamLeodDew �meSoro1913 5' UTILITY EASEMENT IMIMSON ROM, NIAWATHA IOWA 57133 PHONE: (319)983-9348 FAX: (319)M -7M OD 3° $ N om-, PART OF LOTS 10 THRU 18 AND PART OF OUTLOT A CML ENGINEERING •LANDSCAPE ARCHITECTURE o WALDEN WOOD PART 10, IOWA CITY, JOHNSON COUNTY, IOWA LAND SURVEYING • AND DEVELOPMEM PUNNING uW p. vm Designed by. OLK I Mown Dy:OLK I Checked by. A I Ix yl � & ' im W I .--FXISTING E•' I I WALKWAY I z EASEMENTI 0 � Ia -EXISTING 10 UTILITY R EASEMENT .1 nr I I^v I L410, I POINT OF BEGINNING FD. CUT 'X' LI N86'0943"W 40 —+•� L_10.03' I I I I I COMMENCING AT THE SOUTHEAST CORNER OF OUTLOT A, WALDEN WOOD PART 10; THENCE N86'09'13"W 10.03 FEET ALONG THE SOUTH LINE OF SAID OUTLOT A TO THE POINT OF BEGINNING; THENCE CONTINUING N86.09'13"W 5.02 FEET ALONG SAID SOUTH LINE; THENCE NO'41'24"W 286.50 FEET TO THE NORTH LINE 0 30 60 99 120 OF LOT 10, WALDEN WOOD PART 10; THENCE N89'16'43"E 5.00 FEET ALONG SAID GRAPHIC SCALE IN FEET NORTH LINE; THENCE SO'41'24"E 286.90 FEET TO THE POINT OF BEGINNING. SCALE 1"=60' SAID PARCEL CONTAINS 0.03 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SURVEY LEGEND FD. 1/2- REBAR W/YELLOW PLASTIC CAP NO. 18769 UNLESS OTHERWISE NOTED OWNER/PREPARED FOR: WALDEN WOOD LOT 79 LLC RECORDED AS RYAN R. REMLING L.S. -------------- EASEMENT LINE SURVEY WORK HALL & HALL ENGINEERS INC. — — — — SECTION LINE PERFORMED: 1860 BOYSON ROAD 1/4-1/4 10/25/13 HIAWATHA. IOWA 52233 — EXISTING LOT LINE 319-362-9548 S Sheet roe: HALL & HALL ENGINEERS, INC. o Q EXHIBIT 7 daamLeodDew �meSoro1913 5' UTILITY EASEMENT IMIMSON ROM, NIAWATHA IOWA 57133 PHONE: (319)983-9348 FAX: (319)M -7M OD 3° $ N om-, PART OF LOTS 10 THRU 18 AND PART OF OUTLOT A CML ENGINEERING •LANDSCAPE ARCHITECTURE o WALDEN WOOD PART 10, IOWA CITY, JOHNSON COUNTY, IOWA LAND SURVEYING • AND DEVELOPMEM PUNNING uW p. vm Designed by. OLK I Mown Dy:OLK I Checked by. I b 1 - CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319)356-5000 (319) 356-5009 FAX www.icgov.org LATE HANDOUTS: Information submitted between distribution of packet on Thursday and close of business on Friday. Consent Calendar: ITEM 2d(13) TCDD FUNDRAISING — See additional correspondence Regular Agenda: ITEM 6 HOUSING CHOICE VOUCHER — REVISED COMMENT - This resolution would amend the definition of Public Assistance Source of Income in the Human Rights Ordinance to include the Housing Choice Voucher subsidy and other rental subsidies and clarify the definition of housing transaction by deleting the term housing accommodation. Staff is requesting this item be deferred to February 2 due to scheduling conflicts. See note added to page 1 from Greater Iowa City Area Apartment Association. Pages following remain the same. Info Packet of 1/14: Memorandum from City Clerk and Assistant City Manager: Cablecasting Work Sessions Marian Karr From: daniellechay@earthlink.net Sent: Friday, January 15, 2016 10:55 AM To: Council Subject: Cecil Balmond Sculpture Dear Mayor Throgmorton and Council Members, This Tuesday you will be asked to vote on a fundraising contract that would ensure that Cecil Balmond's downtown sculpture gets built. I urge you to reject this contract, or at least to let it wait for your considered response... because a wrong decision could affect our downtown for perhaps the next 50 years. I profoundly object to the sculpture. My major concern is its overwhelming size: It is vastly too big for the little plaza which is its setting. Bounded by the Hotel Jefferson on one side and the new Moen tower on the other, that plaza is an intimate and potentially charming space. Many a European city would love to have it. It is a perfect spot for trees, plantings, chairs, benches, and tables shaded by cheerful, multicolored umbrellas, and food carts offering fare from around the world. At the moment, this northern portion of the ped mall is a beautiful achievement. It is harmonious, human -scale, and perfectly proportioned. But look at the attached photos! Short of actual violence, could there be a more aggressive takeover of public space? This supersized eye proclaims its ownership of all it beholds. Most statues this big - the Dubuffet in New York (which is about the same size as the Balmond) and the Picasso in Chicago (which is larger) - are surrounded by buildings 60 or 80 stories high. In our case, most of the buildings in the vicinity are just two stories high. They date from the nineteenth century, and their warm brick colors and architectural detail are in great part responsible for the downtown's unique ambience. The new sculpture would make these storefronts look puny and old — and in need of replacement by sleek glass towers! What's more, the sculpture is only part of Balmond's proposal. He apparently envisions the plaza as an almost treeless pavement with tiers of seating oriented toward the sculpture, so that it will be the unavoidable focus of that space. To me this looks like something you might expect in a totalitarian country. The details of the sculpture are also bad. Its constant busyness is annoying. Its resemblance to a human eye (which Thomas Dean has likened to Big Brother) is repulsive. Cecil Balmond is a convincing promoter of his particular vision. He is a man of large ego. This is a quality he shares with most big-time architects and makers of public art, and it's a necessary prerequisite for getting big projects done. But it is up to us not to be snowed by his personality and his (rather mixed) reputation as an artist. Iowa Citians — and the City Council - have the right and the responsibility to say "No, this proposal doesn't work; send us a gentler one." We also have the right to abandon Balmond altogether. Before you move ahead, I would urge you to direct a couple of city employees, perhaps with the help of volunteers and art students, to build a mockup of this sculpture and put it in place. Let's see it looks like. Let's see how much space it takes out of circulation and whether we want to live with it. Certainly "the Balmond" would be entertaining to visitors - for about ten minutes. But for us locals, this huge object with its flickering shadows and (at night) its ever-changing colors could get old very fast. It's not what you want if you've come to eat lunch, chat with friends, read a book, study, or daydream. Please see attached photos and brief excerpts from Thomas Dean's Little Village article and architectural reviews of Balmond's work Sincerely, Dan Lechay 528 Clark Street 319-339-0528 daniellechay(ia earthlink.net Marian Karr From: daniellechay@earthlink.net Sent: Friday, January 15, 2016 11:00 AM To: Council Subject: balmond attachments Attachments: 10835022_684985871601077_891535452592245833_o.jpg; 12068816_ 684985888267742_ 4531779777922864634_o.jpg;12080348_684985891601075_1474117678430946446_o.jpg; Others' thoughts on Balmond.docx xx OTHERS' THOUGHTS ON CECIL BALMOND 1. On "The Lens" Critics of the piece decry its imposing character and chilling imagery. With a thirty-foot self -identified "lens," it's kind of hard to miss the suggestion of Big Brother watching people's behavior in this public place that has been the site of much controversy in recent years.... Mr. Balmond claimed he looked at community history in conceiving the piece, but there's little evidence of that in my eyes in the final product, and it's hardly possible for a stranger to the community to garner a deep understanding of the place in a few weeks.... "The Lens" consumes the entire space, replacing the "park" with a "site installation." Whether that installation becomes a beloved symbol of community identity or a monstrous half -million - dollar white elephant remains to be seen. --Thomas Dean, "An Uncommon Lens," Little Village, Dec 2015 2. On Balmond's aesthetics and his infatuation with supersizing Anish Kapoor and Cecil Balmond's towering steel `icon' for the 2012 Olympics is just a messy, meaningless, plutocrat's plaything.... Designed by the ultra fashionable sculptor Amish Kapoor, in collaboration with the equally fashionable engineer Cecil Balmond, this ungainly object [is] a sprawling steel gadget a few metres taller than the Statue of Liberty.... In sculpture, every form has its proper size and if the object is inflated too much, it turns into a caricature of itself... Balmond's practical skill is beyond reproach but his visual taste raises doubts. --William Curtis, Architectural Review May 2010 A gigantic sculptural tower soon to grace London's Olympic Park has been the focus of sometimes acrimonious controversy.... A heated debate over the project's aesthetic merits, political motivations, and corporate connections. Kapoor's design —everybody seems very keen to repeat—will be 72 feet taller than New York's Statue of Liberty. However, one can't help wondering if London really needs another landmark.... --Art and Auction, October 2010 �:�- 'moi 1 i"' r i. - "' -,- � � � i .� 4 ad(13) From: Carol deProsse <lonetreefox@mac.com> Sent: Monday, January 18, 2016 3:05 PM To: Council Subject: Balmond Funding Councilors, It is my opinion that the Council should not fund any amount of money, much less $50,000, for somethingal gr as people that do not represent the diversity, inpcolor or incometure "The ', of This a City. In these timesof b ,al stress on f people tante and in a smaller the City budget money should be allocated to something that has great community acceptance amount. Thank you, Carol deProsse From Council Member Thomas What Makes a Successful Place? - Project for Public Spaces MORE ARTICLES TYPE What Makes a Successful Place? -),A(t3) Page 1 of 6 Great public spaces are those places where celebrations are held, social and economic exchanges occur, friends run into each other, and cultures mix. They are the "front porches" of our public institutions — libraries, field houses, schools — where we interact with each other and government. When theses spaces work well, they serve as the stage for our public lives. What makes some places succeed while others fail? In evaluating thousands of public spaces around the world, PPS has found that to be successful, they generally share the following four qualities: they are accessible; people are engaged in activities there; the space is comfortable and has a good image; and finally, it is a sociable place: one where people meet each other and take people when they come to visit. PPS developed The Place Diagram as a tool to help people in judging any place, good or bad: ■ WHAT MAKES A GREAT PLACE? 011 xry •*mNrt • Ni•WNLIS • MMUMMIM'i '.�;. Al I y ,", d' wmm_ 4 d e I lo'. http://www.pps.org/reference/grplacefeat/ 1/19/2016 What Makes a Successful Place? - Project for Public Spaces Page 3 of 6 • Can people easily walk to the place? For example, do they have to dart between moving cars to get to the place? • Do sidewalks lead to and from the adjacent areas? • Does the space function for people with special needs? • Do the roads and paths through the space take people where they actually want to go? • Can people use a variety of transportation options — bus train, car, bicycle, etc. — to reach the place? • Are transit stops conveniently located next to destinations such as libraries, post offices, park entrances, etc.? COMFORT & IMAGE Whether a space is comfortable and presents itself well — has a good image — is key to its success. Comfort includes perceptions about safety, cleanliness, and the availability of places to sit — the importance of giving people the choice to sit where they want is generally underestimated. QUESTIONS TO CONSIDER ON COMFORT 1a emboug Gardens, Paris, FR. & IMAGE: • Does the place make a good first impression? • Are there more women than men? • Are there enough places to sit? Are seats conveniently located? Do people have is a choice of places to sit, either in the sun or shade? • Are spaces are clean and free of litter? Who is responsible for maintenance? What do they do? When? http://www.pps.org/reference/grplacefeat/ 1/19/2016 What Makes a Successful Place? - Project for Public Spaces Page 4 of 6 • Does the area feel safe? Is there a security presence? If so, what do these people do? When are they on duty? • Are people taking pictures? Are there many photo opportunities available? • Do vehicles dominate pedestrian use of the space, or prevent them from easily getting to the space? USES & ACTIVITIES Activities are the basic building blocks of a place. Having something to do gives people a reason to come to a place — and return. When there is nothing to do, a space will be empty and that generally means that something is wrong. PRINCIPLES TO KEEP IN MIND IN EVALUATING THE USES AND ACTIVITIES OF A PLACE: Kungstradgarden, Stockholm, Sweden. • The more activities that are going and that people have an opportunity to participate in, the better. • There is a good balance between men and women. • People of different ages are using the space (retired people and people with young children can use a space during the day when others are working). • The space is used throughout the day. • A space that is used by both singles and people in groups is better than one that is just used by people alone because it means that there are places for people to sit with friends, there is more socializing, and it is more fun. • The ultimate determinant of a place's success is how well it is managed. QUESTIONS TO CONSIDER ON USES 6 ACTIVITIES: http://www.pps.org/reference/grplacefeat/ 1/19/2016 What Makes a Successful Place? - Project for Public Spaces Page 5 of 6 • Are people using the space or is it empty? • Is it used by people of different ages? • Are people in groups? • How many different types of activities are occurring — people walking, eating, playing baseball, chess, relaxing, reading? Which parts of the space are used and which are not? • Are there choices of things to do? • Is there a management presence, or can you identify anyone is in charge of the space? SOCIABILITY This is a difficult quality for a place to achieve, but once attained it becomes an unmistakable feature. When people see friends, meet and greet their neighbors, and feel comfortable interacting with strangers, they tend to feel a stronger sense of place or attachment to their community — and to the place that fosters these types of social activities. QUESTIONS TO CONSIDER ON SOCIABILITY: Jackson Square, New Orleans, LA • Is this a place where you would choose to meet your friends? Are others meeting friends here or running into them? • Are people in groups? Are they talking with one another? • Do people seem to know each other by face or by name? • Do people bring their friends and relatives to see the place or do they point to one of its features with pride? • Are people smiling? Do people make eye contact with each other? http://www.pps.org/reference/grplacefeat/ 1/19/2016 What Makes a Successful Place? - Project for Public Spaces Page 6 of 6 • Do people use the place regularly and by choice? • Does a mix of ages and ethnic groups that generally reflect the community at large? • Do people tend to pick up litter when they see it? 01-19-16 2e(1) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 Resolution No. 16-23 RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A PORTION OF VACATED AIR RIGHTS ABOVE THE ALLEY BETWEEN LOTS 1 AND 8 OF BLOCK 8, COUNTY SEAT ADDITION TO MIDWEST ONE BANK, AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR FEBRUARY 2, 2016. WHEREAS, MidWest One has asked the City Council to vacate certain air rights over a portion of the north -south alley on this block that connects East Harrison Street and East Prentiss Street, legally described on the attached Air Rights Vacation Exhibit; and WHEREAS, this request has been made to facilitate their construction and maintenance of a skywalk over the alley in conjunction with their redevelopment on this block; and WHEREAS, if the vacation is approved, MidWest One has asked that the City convey those vacated air rights to it for fair market value. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to consider the conveyance of certain air rights above the alley located on Block 8, County Seat Addition, Iowa City, Iowa, legally described in the attached Air Rights Vacation Exhibit, upon vacation of those air rights and in consideration for payment of fair market value therefor. 2. A public hearing on said proposal should be and is hereby set for February 2, 2016, at 7 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 19th day of January , 2016. MA OR Appr ved by ATTEST: CITY LERK City Attorney's Office Resolution No. Page 2 16-23 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: Thomas the AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims X Taylor x Thomas X Throgrnorton SOUTH CLINTON STREET 11. �8 LLA Iz g�- -- - - -- - SOUTH DUBUQUE STREET - - Z L66HGG� 9IS S I � � � � r m n Z 3e� a C > m ySy `$ co,t7 O O 2 3 y �v 8i N P!C 'nm _ ^ Ul ��� 9IS S I � � � � r m n Z 3e� a C > m ySy `$ co,t7 O O 2 3 y �v 8i N P!C 'nm _ ^ Ul ��� f`it g �. m+ c m �= X 9 ! aim v�ym y4 9 (71 C73 VJ Naoy ASSUMPTIONS AND LIMITING CONDITIONS General Conditions The date of value to which the opinions expressed in this report apply is set forth in the Letter of Transmittal. The appraiser assumes no responsibility for economic or physical factors occurring at some later date, which may affect the opinions herein stated. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. We have not made a specific compliance survey and analysis of the property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property together with detailed analysis of the requirements of the ADA could reveal that the property is not in compliance with one or more of the requirements of the Act. if so, this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. No opinion is intended to be expressed for legal matters or that would require specialized investigation or knowledge beyond that ordinarily employed by real estate appraisers, although, such matters may be discussed in the report. No opinion as to title is rendered. Data on ownership and the legal description were obtained from sources generally considered reliable. Title is assumed to be marketable and free and clear of all liens and encumbrances, easements, and restrictions, except those specifically discussed in the report. The property is appraised assuming it to be under responsible ownership and competent management and available for its highest and best use. No engineering survey has been made by the appraiser. Except as specifically stated, data relative to size and area were taken from sources considered reliable, and no encroachment of real property improvements is assumed to exist Maps, plats, and exhibits included herein are for illustration only as an aid in visualizing matters discussed within the report. They should not be considered as surveys or relied upon for any other purpose. No opinion is expressed as to the value of subsurface oil, gas, or mineral rights and that the property is not subject to surface entry for the exploration or removal of such materials, except as is expressly stated. The contract for the appraisal of said premises is fulfilled by the signer upon the delivery of this appraisal executed. Disclosure of the contents of this appraisal report is governed by the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation and the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which he is connected; or any reference to the Appraisal Institute and the MAI or SRA designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communications without the prior written consent and approval of the undersigned. This consent and approval does not ,�_J (1) Prepared by: John Yapp, Dev. Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 16-24 RESOLUTION ACCEPTING DEVELOPER'S AGREEMENT AND EASEMENTS ASSOCIATED WITH THE FINAL PLANNED DEVELOPMENT OVERLAY (OPD) PLAN FOR PRAIRIE HILL, IOWA CITY, IOWA. WHEREAS, the owner, Iowa City Co -Housing (ICCH), LLC, has filed a Developer's Agreement and easement documents associated with Prairie Hill, a planned development on the west side of Miller Ave in Iowa City, IA; and WHEREAS, the Developer's Agreement sets forth procedures to be followed for maintaining the private street and open spaces contained within Prairie Hill and for financing maintenance costs; and WHEREAS, the easements are for public sanitary sewer, public water main, and for an access and utility easements for Prairie Hill Lane, a private street; and WHEREAS, the Conditional Zoning Agreement associated with the Prairie Hill property requires review and approval of construction drawings for the private street and the storm water management facility by the City Engineer prior to the final site plan approval; the City Engineer has not yet approved said drawings; and WHEREAS, said planned development is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Lot 3 of Ruppert Hills Subdivision to Iowa City, IA, in accordance with the plat thereof recorded in Plat Book 46, at page 47, in the records of the Johnson County Recorder's Office, containing 7.88 acres and subject to easements and restrictions of record. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed Developer's Agreement and easements, and recommends approval; and WHEREAS, the planned development has been made with the free consent and in accordance with the desires of the owners and proprietors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Upon the City Engineer's approval of the construction drawings as required by said Conditional Zoning Agreement: 1. The City accepts the easements as provided by law, including easements for public sanitary sewer, public water main, and for an access and utility easement. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said easements, and to certify a copy of this resolution. The City Clerk shall record the easement documents at the office of the County Recorder of Johnson County, Iowa at the expense of the owner. Resolution No. 16-24 Page 2 Passed and approved this 19th day of January 20 16 OR ATTEST: CITY LERK It was moved by aims adopted, and upon roll call there were: A�pg��Coved! �bD-i City Attorney's Office /I and seconded by sotchwav the Resolution be AYES: NAYS: ABSENT: ABSTAIN: x x ped/teriplatestresclution accepting easements prairie hill .doc.doc Botchway Cale Dickens _ Mims Taylor Thomas x Throgmorton Prepared by: Geoff Fruin, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010 RESOLUTION NO. 16-2 RESOLUTION ESTABLISHING THE CITY OF IOWA CITY'S 2016 LEGISLATIVE PRIORITIES WHEREAS, the Iowa City City Council seeks to encourage legislation that enhances the quality of life for residents in Iowa City as well as the State of Iowa; and WHEREAS, the City of Iowa City and other cities play a critical role in the future of the State; and WHEREAS, it is in the interest of the citizens of Iowa City that the City Council establish legislative priorities and convey said priorities to our State delegation and other relevant stakeholders. NOW, THEREFORE, BE IT RESOLVED that the Iowa City City Council hereby outlines its legislative proposals to the Iowa City area legislative delegation for the 2016 Iowa State legislative session as follows: Ensure the financial sustainability of the Municipal Fire and Police Retirement System of Iowa (MFPRSI) Cities that are required to participate in the State MFPRSI pension system for public safety personnel have experienced rapidly growing costs, which are necessarily inflating local property tax rates. The State needs to carefully examine the long-term financial feasibility of this system and consider reforms that protect taxpayers and ensure that our public safety employees have fair benefits that can be counted on in their retirement years. The State should carefully consider the differences in employee benefits and the cost implications for cities between the MFPRSI system and IPERS system, which also provides for police and fire personnel in the state. The City encourages Iowa to reinstate the State contribution to the MFPRSI system and to consider a tiered reform that protects benefits for current members and offers a more sustainable benefit package for new enrollees. Provide local governments more flexibility in determining local revenue sources and preserve the Local Option Sales Tax election process and distribution formula 2013 property tax reform measures are placing significant financial pressures on cities across the state. Over the next several years, cities will be challenged to maintain basic service levels that meet community expectations. In order to achieve a healthier diversification of revenue sources and meet community demands for municipal services, cities need enhanced flexibility to raise local revenues. Iowa City advocates for increased local control of revenue decisions that can strengthen our cities and facilitate future economic growth in the state. The City also encourages the State to preserve the existing Local Option Sales Tax election process and distribution formula. Increase infrastructure funding that supports a diverse transportation network Current revenue streams are not keeping up with the growing costs of maintenance on our transportation network. As a result, cities are increasingly utilizing property tax dollars for basic infrastructure needs. The City encourages the state to consider measures to (1) increase funding of revenue sources for transportation infrastructure, and (2) commit to further diversifying our transportation network in a manner that will make it more competitive and Resolution No. 16-25 Page 2 sustainable in the years ahead. Examples of such diversification measures include pedestrian, bicycle, and transit accommodations, as well as regional passenger rail. Support the University of Iowa's efforts to be global leader in 21st century higher education The University of Iowa plays a critical role in the local, regional and statewide economies. It is important the State of Iowa provides the university the needed resources to become a global leader in higher education. Ensuring the university's continued competitiveness in the higher education field will provide stability in the economy and facilitate growth opportunities in varied sectors of business community. The City encourages the State to carefully consider and support the legislative and financial priorities of the university. Support the legislative efforts of the Iowa League of Cities and the Metro Coalition Iowa City, as a member city of both organizations, supports the legislative priorities set forth by the Iowa League of Cities and by the Metropolitan Coalition for the 2016 legislative session. Passed and approved this 19th day of January , 20 16 G MOOR Ap ove by ATTEST: Au Z 0 ^ �� CI LERK City Attorney's Office Resolution No. Page 3 16-25 It was moved by Thomas and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Dickens the Botchway Cole Dickens x Mims x Taylor X— Thomas x Throgmorton Prepared by: Geoff Fruin, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010 RESOLUTION NO. RESOLUTION ESTABLISHING THE CITY O IOWA CITY'S 2016 LEGISLATIVE PRIORITI WHEREAS, the Iowa Ci City Council seeks to encoura a legislation that enhances the quality of life for residents in Iowa kCity as well as the State of low , and WHEREAS, the City of lora City and other cities WHEREAS, it is in the inter st of the citizens of priorities and convey said pri rities to our State NOW, THEREFORE, BE IT ESOLVED th legislative proposals to the Iowa ity area le gi I session as follows: critical role in the future of the State; and City that the City Council establish legislative ition and other relevant stakeholders. the Iowa City City Council hereby outlines its ive delegation for the 2016 Iowa State legislative Ensure the financial sustainabilitjt of tF�e Municipal Fire and Police Retirement System of Iowa (MFPRSI) \ r Cities that are required to particip, personnel have experienced rapidly tax rates. The State needs to carefi and consider reforms that protect fair benefits that can be counte consider the differences in empl y( t ' the State MFPRSI pension system for public safety o ing costs, which are necessarily inflating local property ly a mine the long-term financial feasibility of this system xpaye and ensure that our public safety employees have on in eir retirement years. The State should carefully e benefi s and the cost implications for cities between the MFPRSI system and IPERSsy tem, which Iso provides for police and fire personnel in the state. The City encourages to to reinstate t e State contribution to the MFPRSI system and to consider a tiered reform at protects be fits for current members and offers a more sustainable benefit package f r new enrollees. Provide local government more flexibility in preserve the Local Optio4 Sales Tax election 2013 property tax reform measures are placing signir the state. Over the next peveral years, cities will be cl that meet community a pectations. In order to achie sources and meet coi to raise local revenue that can strengthen o encourages the Sta� distribution formula. Increase i unity demands for municipal ;. Iowa City advocates for ince r cities and facilitate future ec( to preserve the existing Local ining local revenue sources and s and distribution formula ant financial pressures on cities across Ilenged to maintain basic service levels a healthier diversification of revenue rvices, cities need enhanced flexibility IS d local control of revenue decisions 'c growth in the state. The City also )pti n Sales Tax election process and re funding that supports a diverse transportation network Current revenue streams are not keeping up with the growing osts of maintenance on our transportation twork. As a result, cities are increasingly utilizing roperty tax dollars for basic infrastructure needs. The City encourages the state to conside measures to (1) increase funding of revenue sources for transportation infrastructure, a (2) commit to further diversifying our transportation network in a manner that will make it more competitive and Resolution No. Page 2 sustainable in the years ahead. Examples of such diversification measures include regional passenger rail, as well as enhanced funding for transit and bicycle accommodations. Support the University of Iowa'sgfforts to be global leader in 21$` education 7 The University of Iowa plays a critical le in the local, regional and st ewide economies. It is important the State of Iowa provides tsoh university the needed rerces to become a global leader in higher education. Ensuring the university's continued c petitiveness in the higher education field will provide stability in the kconomy and facilitate rowth opportunities in varied sectors of business community. The City encourages the tate to carefully consider and support the legislative and financial priorities 4f the university/ Support the legislative efforts of the Iowa Lel gue Iowa City, as a member city of both organizai the Iowa League of Cities and by the Metropo Passed and approved this day ATTEST: CITY CLERK ities and the Metro Coalition pports the legislative priorities set forth by 3lition for the 2016 legislative session. 20 MAYOR rved 1-1,31- %6 City Attorney's Office r 01-19-16 CITY OF IOWA CITY 2d� (1) MEMORANDUM Date: January 13, 2016 To: Tom Markus, City Manager From: Geoff Fruin, Assistant City Manager Re: 2016 Legislative Priorities Prior to the start of each State of Iowa legislative session, the Iowa City Council traditionally adopts legislative priorities and communicates the City's positions on those issues to our elected delegation. Staff has recently reviewed the priorities adopted by the Iowa League of Cities and the Metro Coalition and have compiled a list of six priorities to present to the City Council for consideration. Those priorities, in no particular order, include: 1. Ensure the financial sustainability of the Municipal Fire and Police Retirement System of Iowa (MFPRSI) 2. Provide local governments more flexibility in determining local revenue sources and preserve the Local Option Sales Tax (LOST) election process and distribution formula 3. Increase infrastructure funding that supports a diverse transportation network 4. Support the University of Iowa's efforts to be global leader in 21St century higher education 5. Support the legislative efforts of the Iowa League of Cities and the Metro Coalition A resolution containing supplemental information has been prepared for Council consideration. Included with this memo is the proposed resolution as well as the legislative priorities that were adopted by the Iowa League of Cities and the Metro Coalition. lrs�, M IOWA LEAGUE QfCITIES Iowa League of Cities — 2016 Legislative Priorities 500 SW 7th Street, Suite 101 Des Moines, IA 50309-4506 www.iowaleague.org Economic Development Increase funding levels for economic development programs and quality of life initiatives; preserve economic development policies, such as tax increment finance, as flexible tools for economic growth; and provide programs and policies that further develop our local workforce to attract economic development and close the skills gap. Financial Sustainability Eliminate unfunded mandates; diversify revenue options available to local governments and protect existing revenue options; and continue to ensure the commercial and industrial property tax backfill. Water and Wastewater Infrastructure Advocate for additional funding sources and flexible policies related to water, wastewater, and storm water infrastructure development to meet the demands of increased environmental regulation for cities of all sizes, including the development of opportunities for partnership with the agricultural community to meet these requirements. Home Rule Advocate for and sustain Home Rule and the ability to make decisions at the local level — where decisions are made closest to the people they impact and can be tailored to fit local conditions, needs, and concerns. Public Safety Ensure cities have the adequate resources to provide and fund public safety services, including addressing costs under the Municipal Fire and Police Retirement System of Iowa (MFPRSI). 2016 Priorities 1) Maintain Commercial Property Tax Backfill 2) Home Rule 3) Water Infrastructure/Regulations 4) Economic Impact a. Workforce Housing Credit (remove from Aggregate Cap) b. Quality of Life Initiatives, e.g. IowaNext C. Historic Tax Credit Program d. Brownfield/Gray rield Credits 5) Abatement a. Multi -Use Abatement fix 6) Support Local Option Sales Tax Prepared by: Geoff Fruin, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240-319-356-5010 RESOLUTION NO RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE IOWA CITY DOWNTOWN DISTRICT FOR FUNDRAISING EXPENSES ASSOCIATED WITH THE ART WORK PORTION OF THE NORTH PEDESTRIAN MALL IMPROVEMENT PROJECT AT A NOT TO EXCEED COST OF $50,000 WHEREAS, The City Council formally adopted the Iowa City Downtown and Pedestrian Mall Master Plan in March 2014; WHEREAS, The Iowa City Downtown and Pedestrian Mall Master Plan calls for a significant public art piece to anchor the north end of the Pedestrian Mall and Black Hawk Mini Park; WHEREAS, Dr. Cecil Balmond was selected by the Iowa City Public Art Advisory Committee to develop a concept for the art work and said concept was unveiled to the community in the fall of 2015; and WHEREAS, private fundraising is needed to procure the art work and the Iowa City Downtown District has expressed an Interest in leading the fundraising effort; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Manager is authorized to execute an agreement with the Iowa City Downtown District for fundraising expenses associated with the planned art work portion of the North Pedestrian Mall improvement Project at a not to exceed cost of $50,000. Such agreement shall only be executed after review and approval by the City Attorney. Passed and approved this day of , 2016. ATTEST: CITY CLERK MAYOR Appro d City Attorney's Office 1 01-19-16 ^®air CITY OF IOWA CITY 2d(13) MEMO RA N D u M Date: January 13, 2016 To: Tom Markus, City Manager From: Geoff Fruin, Assistant City Manager Re: North Pedestrian Mall Art Project Fundraising Agreement — "The Lens" The City Council formally adopted the Iowa City Downtown and Pedestrian Mall Master Plan in March 2014. As part of that plan there was a call for a significant public art piece to anchor the north end of the Pedestrian Mall and Black Hawk Mini Park. The plan was adopted without a formal concept and thus the Public Art Advisory Commission (PARC) subsequently embarked upon an artist selection process. An artist selection subcommittee was appointed by the PAAC that included Commission members as well as representatives of the Iowa City Downtown District (ICDD), a local artist, and the City Council. The City Council representative was Jim Throgmorton, who also served on the steering committee for the Iowa City Downtown and Pedestrian Mall Master Plan. After a request for qualifications process, the artist selection committee narrowed the field to three finalists who provided public presentations at the Iowa City Public Library. The artist selection committee unanimously recommended Dr. Cecil Balmond (London, England) and the PAAC similarly unanimously concurred with this recommendation. Next, Dr. Balmond began developing his concept in conjunction with Genus Landscape Architects (Des Moines, Iowa), who is serving as the lead design firm for the larger streetscape plan in the Pedestrian Mall. This past fall, Dr. Balmond unveiled his concept for "The Lens" at a public event held at Film Scene in Downtown Iowa City. It has been the City's position that public art work of this magnitude will need to be supported by private funding. While some initial fundraising work has begun, a more expansive campaign is needed to raise the targeted $550,000 ($500,000 cost plus $50,000 maintenance endowment). The ICDD has agreed to spearhead the fundraising effort on behalf of the City of Iowa City. After discussions with the ICDD, staff agrees that a professional consultant is needed to ensure a successful campaign that provides the entire community the opportunity to participate and take ownership in this iconic art work. I am recommending that the City provide the funding for a fundraising consultant to be managed by the ICDD. I believe this contribution is needed to pursue a proper fundraising campaign that involves the entire community. Specifically, I am recommending that the City agree to fund fundraising expenses up to $50,000, which is 10% of the projected cost of the art work. If this is approved, fundraising could commence in February or March and hopefully be completed by the fall of 2016. The City's current Capital Improvement Plan calls for the North Pedestrian Mall Improvement Project to be completed in 2017. It is appropriate that this request be forwarded to the City Council for consideration. Specifically, we should seek a resolution authorizing the City Manager to execute such an agreement after review and approval of the City Attorney. 0149-16 4b Prepared by: Sara Greenwood Hektoen, Asst. City Atty.; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030 RESOLUTION NO. 16-26 RESOLUTION AUTHORIZING CONVEYANCE OF A PORTION OF VACATED ALLEY RIGHT-OF-WAY BETWEEN LOTS 5 AND 6, BLOCK 1, CARTWRIGHT'S ADDITION, TO KUM & GO, L.C. WHEREAS, the applicant, Kum & Go, L.C., owns Lots 5 and 6, Block 1, Cartwright's Addition, which surround the recently vacated alley right-of-way located at the northwest corner of the intersection of Riverside Drive and Benton Street; and WHEREAS, Kum & Go intends to construct a convenience store and gas station on this corner in adherence to the design and building standards of the Riverfront Crossings form -based code and in promotion of the goals of the Riverfront Crossings Master Plan; and WHEREAS, City Council is currently considering the vacation of this right-of-way; and WHEREAS, Kum & Go requested that the City convey to it the right-of-way proposed to be vacated, if the vacation is approved, upon the payment of fair market value for said rights; and WHEREAS, on January 5, 2016, the City Council adopted a Resolution declaring its intent to convey its interest in the parcel, authorizing the publication of public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are hereby authorized and directed to execute a Quit Claim Deed conveying the City's interest in the vacated right-of-way legally described as the EAST HALF OF THE ALLEY ADJACENT TO LOT 5 IN BLOCK 1 OF CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN DEED BOX 13, PAGE 432, RECORDS OF JOHNSON COUNTY, IOWA; EXCEPTING THEREFROM THOSE PORTIONS CONVEYED FOR HIGHWAY IN BOOK 1050, PAGE 407, AND BOOK 1050, PAGE 414, in consideration for payment of fair market value for said rights. 2. The deed shall be recorded by the City Attorney's Office in the Johnson County Recorder's Office at Kum & Go's expense. Resolution No. 16-26 Page 2 It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton Passed and approved this 19th day of January , 2016. M4WOR ATTEST: CITY -CLERK Approved by City Attorney's Office Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 16-27 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF AGREEMENT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2016 WASHINGTON STREET STREETSCAPE PROJECT - CLINTON STREET TO LINN STREET, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the Central Business District Maintenance Project account # P3971. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 24th day of February, 2016. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 1St day of March, 2016, or at a special meeting called for that purpose. Passed and approved this 19th day of January 120 16 ATTEST: CITY"CIERK pwengknasters\res appp&s.doc 1116 MOR 10 Approved by e_ lCity(AtAtorney's Office fFe/ & 5 Resolution No. 16-2 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton