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HomeMy WebLinkAbout2016-02-02 Resolution3c(9) nmwmm� Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 16-28 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: It's Brothers Bar''& Grill — 125 S. Dubuque St. Passed and approved this 2nd day of February 120 16 OR ATTEST: %I CITY -CLERK Approved by City Attorney's Office It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: NAYS: ABSENT: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 16-29 RESOLUTION APPROVING AMENDMENT NO.2 TO AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND A&M DEVELOPMENT II, L.L.C. FOR THE SABIN TOWNHOMES WHEREAS, the City and the Developer entered into an Agreement for Private Redevelopment on January 20, 2015, for the construction of 28 townhouses on Dubuque Street in the Riverfront Crossings Urban Renewal Area in connection with the construction of a municipal parking facility with three (3) units to be sold to an affordable housing provider, in exchange for TIF rebates of $976,277; and WHEREAS, the minimum improvements described in said agreement and shown on the conceptual drawings attached and incorporated into said Agreement, included garden terraces on the ground level and specified the type of material used for the exterior cladding; and WHEREAS, the Developer has engaged in further design of the project, and is requesting that the Agreement be amended to allow flexibility with regard to these two elements of the minimum improvements; and WHEREAS, these changes will not materially affect the value of the minimum improvements and the project will still comply with the goals and objectives of the urban renewal plan; WHEREAS, Staff recommends approval of this Amendment No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized and directed to execute, and the City Clerk to attached, the attached Amendment No. 2 to the Agreement for Private Redevelopment by and between the City and A&M Development Il, L.L.C. 2. The City Clerk is hereby authorized and directed to certify this resolution, affix the City seal, and to record the same with the Johnson County, Iowa Recorder within 30 days of execution of the Amendment No. 2 at Developer's expense. Passed and approved this 2nd day of February , 20 16 MA R Approved by ATTEST: CITY RK C y Attorney's Office2S'/ /(v Resolution No. 16-29 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Mims the x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton AMENDMENT NO.2 TO AGREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA AND A&M DEVELOPMENT I1, LLC. Agreement dated: January 20, 2015 First Amendment Dated: June 16, 2015 Second Amendment Dated: February 2, 2016 THIS AMENDMENT NO.2 to the AGREEMENT FOR PRIVATE REDEVELOPMENT, (hereinafter called "Amendment No. 2 Agreement"), is made on or as of the 2.1' ° day of February, 2016, by and among the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"), established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Chapter 403 of the Code of Iowa, 2015, as amended (hereinafter called "Urban Renewal Act") and A&M DEVELOPMENT II LLC., having an office for the transaction of business at 1310 Highland Court, Iowa City, Iowa 52240 (the "Developer"). WITNESSETH: WHEREAS, the City and the Developer entered into an Agreement for Private Redevelopment on January 20, 2015, for the construction of 28 townhouses on Dubuque Street in the Riverfront Crossings Urban Renewal Area in connection with the construction of a municipal parking facility with three (3) units to be sold to an affordable housing provider, in exchange for TIF rebates of $976,277, said agreement being recorded at Book 5326, Page 67-101 in the records of the Johnson County, Iowa Recorder; and WHEREAS, said agreement was amended pursuant to Resolution 15-221, approved on June 16, 2015, to extend the completion date, said amendment being recorded at Book 5385, page 948, in the Records of the Johnson County, Iowa Recorder; and WHEREAS, the minimum improvements described in said agreement, and shown on the conceptual drawings attached and incorporated into said Agreement, included garden terraces on the ground level and specified the type of material used for the exterior cladding; and WHEREAS, the Developer has engaged in further design of the project, and is requesting that the Agreement be amended to allow flexibility with regard to these two elements of the minimum improvements; and WHEREAS, the requested amendments will not materially diminish the value of the minimum improvements; and WHEREAS, the project as amended will still satisfy the goals of the urban renewal area plan. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. EXHIBIT B MINIMUM IMPROVEMENTS shall be amended by deleting paragraph 2, and replacing it with the following: "Each townhome unit will include private outdoor space in the form of a balcony. The ground -level units will have landscaped areas between the stoop entrances and shrubs planted in the public right-of-way between the front property line and the public sidewalk that will be maintained by a homeowners association,. The townhomes will include high efficiency heating and cooling units and low flow plumbing fixtures. The exterior cladding of the building shall be a combination of fiber -cement board, zinc shingles, and brick veneer. The improvements shall be built in conformity with the site layout, conceptual renderings, outline characteristics and floor plans attached hereto as Exhibit E." 2. EXHIBIT E shall be amended by substituting the original Exhibit E with the attached Exhibit E, which shall be deemed incorporated into the Agreement, as amended. 3. All other terms and conditions of the Agreement and Amendment No. 1 not inconsistent with this amendment remain in full force and effect. This Amendment shall be recorded at the Johnson County, Iowa Recorder's Office within 30 days of execution at Developer's expense. (SEAL) CITY OF IOWA Cl WA By: or ATTEST: Appr ved by: By: City btUrk City Attorney A&M D�� �E� T II, LLC By: y CITY OF IOWA CITY STATE OF IOWA COUNTY OF JOHNSON On this 21`5'( day of i�e hru� r — , 2016, before me a Notary Public in and for said County, personally appeared James A. Throgmorton and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa A t m, �;ELLIE'rC. TUTTLE� n l!urnber 221819 ;k , C,orrmi3�i©n Expires A&M DEVELOPMENT II, LLC. STATE OF IOWA )SS COUNTY OF JOHNSON This instrument was acknowledged before me on this .3-1— day of 2016, by j,_k�n , as manager of A&M DEVELOPMENT II, LLC. 5L& Notary Publi in and for th State of Iowa 2a wdoCo er n VON* EXHIBIT E Sabin Townhomes A&M Development II LLC December 2014 C-27 SITE: The project site is located on the block northwest of the Prentiss Street and Dubuque Street intersection, and is locoted on the property, to the west of the city alley on that block. The site houses the old Sobin Elementary School and MidWestCne's Home Mortgage Center. The property is current owned by the University of Iowa. I 41ARRI50NSTREET =1W.,1r.0Cr .,t1IIam; Mian Straw Tvvml m s PRENTISS STREET O C-28 CONCEPTUAL RENDERINGS Looking East down Harrison Street Looking Southwest at Dubuque and Harrison intersection TOWNHOME FLOOR PLANS Fourth Level - Upper Home Third Level - Upper Home Second Level - Lower Home 23-V 3-VB P First Level - Lower Home OUTLINE CHARACTERISTICS Structure/Exterior Wood framed structure with fire and acoustic separation Optimized insulation at walls and roof Modular brick cladding and fiber -reinforced panels Accent materials of decorative metal shingles and fiber cement panels Aluminum -framed windows and doors Access to structured parking direct from unit Mechanical/Plumbing/Lighting: High -efficiency electric heat pump heating and cooling system Recessed and surface -applied track lighting with LED lamps Polished -chrome plumbing fixtures selected for minimized water usage Porcelain sinks and acrylic showers/tubs Interiors: Approximately 9'-0" ceilings Daylight -filled interiors with smooth, painted finish on gypsum wall board Solid surface countertops and decorative plastic laminate cabinets EnergyStar appliances with stainless steel finish Carpet and tile flooring C-31 � r �_�� ll III CITY OF IOWA CITY UNESCO CITY OF LITERATURE 1 CITY O F IOWA CITY MEMORANDUM Date: January 26, 2016 To: Tom Markus, City Manager From: Wendy Ford, Economic Development Coordinator Re: Amendment to Development Agreement for Sabin Townhomes Introduction The Developers of the Sabin Townhomes, A&M Development II, LLC, desire to make two minor changes to their development agreement. One has to do with the outdoor space associated with the lower level units along South Dubuque Street and Prentiss Street. The other has to do with the material used for exterior cladding. History/Background The City Council approved the Development Agreement for the Sabin Townhomes on January 20, 2015. Part of a larger master planned project consisting of the 6 -story MidwestOne Bank office building and a 610 space parking facility, the 28 Sabin Townhomes are a separate project designed as a liner building that will wrap the parking facility and provide workforce and affordable housing options near downtown. The estimated cost of constructing the 28 townhouses is $6,986,549. Three of the units will be sold to the Iowa City Housing Fellowship and be rented to households making no more than 80% of the county median income, which in Johnson County is $57,250 for a family of three. The City Council approved Tax Increment Financing rebates totaling $976,277 to fill the financial gap on the project. Solution The first change is in reference to the outdoor space on the lower level units. A sentence in the development agreement that originally read "Each townhome unit will include private outdoor space in the form of a balcony or garden terrace" is changed to "Each townhome unit will include private outdoor space in the form of a balcony. The ground -level units will have landscaped areas between the stoop entrances that will be maintained by a homeowners association, including the shrubs planted in the public ROW between the front property line and the public sidewalk." As architects refined the floor plans, they realized the dedicated dining area in the first floor units was too small. They propose a design change on the lower level units that exchanges a small patio accessed by a sliding glass door for a larger indoor dining area with a window and garden space outside. In the redesign, about half of the 47 square foot patio space will become year round interior space allowing for the larger dining area. The remainder becomes outdoor garden space. See floor plan and rendering comparisons on last page of memo. January 26, 2016 Page 2 The most significant benefit to this design change is that it will create additional usable interior space year-round allowing residents to place a dining table near the galley kitchen. Additionally, the homeowner's association will be responsible for maintaining the garden space between the stoops and the shrubs planted in the public ROW, ensuring consistency of maintenance over time. Residents will have access to the garden space from their entryway stoop and will be allowed to individualize their garden with additional plants, pots and landscaping elements provided they meet the rules of the homeowner's association and the zoning requirements for stoop frontages. As is the case with the original design, each unit will have at least one balcony (upper floor units will have two balconies) to provide usable outdoor living space. The second change in the agreement is in reference to a sentence stating "The exterior cladding of the building shall be a recycled by product of the rice milling industry." That text will change to "The exterior cladding of the building shall be a combination of fiber -cement board, zinc shingles, and brick veneer." These changes do no materially diminish the value of the project and the project still satisfies the goals of the URP. Recommendation Staff recommends approval of Amendment #2 to the Sabin Townhomes development agreement. January 26, 2016 Page 3 Design Comparison Original design, 1s ' floor townhome I Refined design, 151 floor townhome • Patio notches into space needed for dining area, • Former notch of patio becomes indoor dining space. • Sliding door is replaced by a window to garden space. • Instead of the patio, the area between the stoops is landscaped and maintained by the homeowners association. Residents may individualize this garden space, subject to the rules of the homeowners association and the standards of the form -based zoning code. •rawlam rm �aa , NIR - LIYwY fYY )III SI 1 i POW rwro • Patio notches into space needed for dining area, • Former notch of patio becomes indoor dining space. • Sliding door is replaced by a window to garden space. • Instead of the patio, the area between the stoops is landscaped and maintained by the homeowners association. Residents may individualize this garden space, subject to the rules of the homeowners association and the standards of the form -based zoning code. r t CITY OF IOWA CITY MEMORANDUM Date: January 25, 2016 To: Tom Markus, City Manager From: Karen Jennings, Human Resources Administrator Re: Approval of Fire Union tentative agreement Introduction: The February 2, 2016 agenda will include a consent agenda item approving tentative agreement negotiated between the City of Iowa City and the Iowa City Association of Professional Firefighters, IAFF Local #610 (Fire Union). History/Background: The current Fire Union collective bargaining agreement expires June 30, 2016. The City participated in collective bargaining with the Fire Union in accordance with Chapter 20 of the Iowa Code. After exchanging initial proposals on August 27, 2015 and September 10, 2015 the parties participated in bargaining sessions on October 22, 2015 and December 15, 2015 before reaching a tentative agreement in mediation on January 14, 2016. In 2014, the City reached a voluntary five-year settlement with the AFSCME union which included wage and insurance settlements through FY2018, with a re -opener for wages and insurance only for FY2019-FY2020. A voluntary three-year settlement was reached with the Police Labor Relations Organization of Iowa City on December 8, 2015 which included wage and insurance settlements mirroring the AFSCME settlements for FY2017 and FY2018 with an additional FY2019 wage and health insurance settlement. Discussion of Solutions: _=rf- 3nm I The Fire Union agreement was voluntarily settled for a term of three years and includes wage and insurance settlements comparable to the AFSCME and Police settlements for FY2017 and FY2018 and the FY2019 PLRO wage and health insurance settlement. The Fire Union wage settlement differs in FY2017 in that, in lieu of an across-the-board increase, the wage settlement is being provided in the form of a new 10 year step (Step 7) in the Firefighter wage scale and maintaining the pay differential between the three ranks (Firefighter, Lieutenant, Captain) included in the bargaining unit. The Fire Union settlement also includes provisions related to minimum call-in, calculation of over -time and deferred compensation. The tentative agreement and corresponding wage scale are attached. The various union settlements are summarized below: AFSCME and PLRO Settlements Current FY17 FY18 FY19 Wage Settlement 2% 2.4% 2.4% 2.6%' Deductible Single $600 $600 $650 $675' Family $800 $800 $850 $900' Out of Pocket Maximum Single $1000 $1000 $1000 $11 o0' Family $1700 $1700 $1800 $1900' Premium Contribution Single $45 $50 $55 $60' Family $85 _ $90 $95 $100' TLRO only January 25, 2016 Page 2 Fire Union Settlement Minimum Call -In Existing language to be modified reducing minimum call in from 2.5 hours to 2.0 hours and to clarify that time will begin counting as time worked upon arrival at the station rather than the time of the call. Calculation of Over -time Existing language to be modified to change rounding of time from 6 -minute increments to 15 -minute increments. Deferred Compensation New language added to ensure that the City will make a deferred compensation plan with a Roth contribution option available to bargaining unit members so long as its allowable by law. Recommendation: Staff recommends that City Council approve the Fire Union tentative agreement. Current FY17 FY18 FY19 Wage Settlement 2% 0%; Add Firefighter Step 7 2.4% 2.6% Deductible Single $600 $600 $650 $675 Family $800 $800 $850 $900 Out of Pocket Maximum Single $1000 $1000 $1000 $1100 Family $1700 $1700 $1800 $1900 Premium Contribution Single $45 $50 $55 $60 Family $85 $90 $95 $100 Minimum Call -In Existing language to be modified reducing minimum call in from 2.5 hours to 2.0 hours and to clarify that time will begin counting as time worked upon arrival at the station rather than the time of the call. Calculation of Over -time Existing language to be modified to change rounding of time from 6 -minute increments to 15 -minute increments. Deferred Compensation New language added to ensure that the City will make a deferred compensation plan with a Roth contribution option available to bargaining unit members so long as its allowable by law. Recommendation: Staff recommends that City Council approve the Fire Union tentative agreement. January 20, 2016 Tentative Agreement (amended) City of Iowa City and Iowa City Association of Professional Fire Fighters • Health Insurance —same as Police TA • City position on minimum call-in time (City initial proposal language —Sept 10) Amend Article VI, Section 4. Calculation of Overtime. Generally, overtime will be Feiseicded GA the ba& six (6) minute segFn rounded In fifteen (15) minute Increments., However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. E.g. If a punch is registered within 7 minutes of the quarter hour (1S minutes) It will round to the nearest quarter hour; punches within 8 minutes will result In an additional quarter hour (1S minutes). Example: If a unit is called out at 6:30 a.m. for a fire and are unable to return to the station until 7:20 a.m., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 a.m. (1 hour and 20 minutes) the time in excess of one hour will be recorded to the nearest one -top* quarter (4A81/4) hour and the employee would receive 1.325 hours of overtime. Wages: 0 0%, 2.4%,2.6% o New Step 7 at 10 years with a 3.50% differential from Step 6 o See attached pay plan • Deferred Compensation language below Deferred Compensation Section 1. If allowable by law, the City will provide the collective bargaining members the opportunity to contribute to a deferred compensation plan if the employee so chooses with either a traditional contribution or a Roth contribution. Cit — Geoff Fru in IAFF FY17 1 2 3 4 5 6 7 0.00% 6 mo. 12 mo. 24 mo. 36 mo. 48 mo. 120 mo. 3.50% Firefighter 17.17 17.85 18.74 19.40 20.33 21.20 21.95 1,923.04 1,999.20 2,098.88 2,172.80 2,276.96 2,374.40 2,458.40 49,999.04 51,979.20 54,570.88 56,492.80 59,200.96 61,734.40 63,918.40 4.91% 4.72% Fire Lieutenant 23.03 24.12 2,579.36 2,701.44 67,063.36 70,237.44 4.12% 4.62% Fire Captain 25.12 26.29 2,813.44 2,944.48 73,149.44 76, 556.48 45.81% 4.56% Fire Lieutenant/ 35.17 36.78 Training 2,813.60 2,942.40 73,153.60 76,502.40 FY18 1 2 3 4 5 6 7 2.400/6 6 mo. 12 mo. 24 mo. 36 mo. 48 mo. 120 mo. Firefighter 17.59 18.28 19.19 19.87 20.82 21.71 22.48 1,970.08 2,047.36 2,149.28 2,225.44 2,331.84 2,431.52 2,517.76 51,222.08 53,231.36 55,881.28 57,861.44 60,627.84 63,219.52 65,461.76 Fire Lieutenant 23.59 24.70 2,642.08 2,766.40 68,694.08 71,926.40 Fire Captain 25.73 26.93 2,881.76 3,016.16 74,925.76 78,420.16 Fire Lieutenant/ 36.02 37.67 Training 2,881.60 3,013.60 74,921.60 78,353.60 FY19 1 2 3 4 5 6 7 2.60% 6 mo. 12 mo. 24 mo. 36 mo. 48 mo. 120 mo. Firefighter 18.05 18.76 19.69 20.39 21.37 22.28 23.07 2,021.60 2,101.12 2,205.28 2,283.68 2,393.44 2,495.36 2,583.84 52,561.60 54,629.12 57,337.28 59,375.68 62,229.44 64,879.36 67,179.84 Fire Lieutenant 24.21 25.35 2,711.52 2,839.20 70,499.52 73,819.20 Fire Captain 26.40 27.64 2,956.80 3,095.68 76,876.80 80,487.68 Fire Lieutenant/ 36.96 38.65 Training 2,956.80 3,092.00 76,876.80 80,392.00 Prepared by: Scott Sovers, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 16-30 RESOLUTION ACCEPTING THE WORK FOR THE MOSS RIDGE ROAD PROJECT - HIGHWAY 1 TO MOSS RIDGE CAMPUS AT RAPID CREEK PRESERVE WHEREAS, the Engineering Division has recommended that the work for construction of the Moss Ridge Road Project - Highway 1 to Moss Ridge Campus at Rapid Creek Preserve, as included in a contract between the City of Iowa City and Streb Construction Company, Inc. of Iowa City, IA, dated August 6th 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 Moss Ridge Road account # S3802; and WHEREAS, the final contract price is $3,548,470.36. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 2nd day of February -,20 16 i®z IfIOR Approved by ATTEST: CITY C ERK City Attorney's Office It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x Pweng/masters/acptwork.doc 1/16 NAYS: ABSENT: Botchway Cole x Dickens Mims Taylor Thomas Throgmorton 3J �j r 6 CITY OF IOWA CITY 3d(3) A� MEMORANDUM Date: January 25, 2016 To: Tom Markus, City Manager From: Jason Havel, City Engineer T414 - Re: Moss Ridge Road Project — Highway 1 to Moss Ridge Campus at Rapid Creek Preserve Introduction: This agenda item is for the final acceptance of work completed as a part of the Moss Ridge Road Project. This project generally included the construction of new a street, sidewalk, storm sewer, sanitary sewer and water main between Highway 1 and the Moss Ridge Campus at Rapid Creek Preserve Subdivision. History/Background: The Iowa City Comprehensive Plan identified the area west of the Pearson Property as being ideally suited for the expansion of the major employment center that has developed around the Interstate 80 interchange with U.S. Highway 1. Because the aforementioned property was landlocked, a public street (Moss Ridge Road) needed to be extended from U.S. Highway 1 in order to facilitate the development of this area as per the Comprehensive Plan. Discussion of Solutions: As part of the project, seven change orders were needed to address issues that arose during construction. Among these issues were adjustments to the storm and sanitary sewer as required to construct the proposed improvements, the addition of City ITS communications fiber, the Highway 1 and Northgate Drive crosswalk reconfiguration and project incentives. Financial Impact: The project was awarded to Streb Construction Company, Inc. of Iowa City, Iowa with a contract price of $3,440,330.92. Including project change orders, the final contract price is $3,548,470.36. Recommendation: Staff recommends acceptance of this project ENGINEER'S REPORT Jan 25, 2016 City Clerk Iowa City, Iowa � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org Re: Moss Ridge Road Project — Highway 1 to Moss Ridge Campus at Rapid Creek Preserve Dear City Clerk: I hereby certify that the construction of the Moss Ridge Road Project has been completed by Streb Construction Company, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Shive-Hattery, Inc. The project was bid as a unit price contract and the final contract price is $ 3,548,470.36. There were a total of seven (7) change or extra work orders for the project as described below: 1. Relocation of sanitary sewer lift station electric service in order to accommodate the box culvert extension. $ 2,175.80 2. Adjustment to a storm sewer intake 3. Relocation of sanitary sewer lift station force main in order to accommodate the box culvert extension 4. City ITS communications fiber, time and resources to remove an existing box culvert directly over an electric line and an additional storm sewer connection at NW corner of Highway1/Northgate Dr. 5. Curb ramp removal and replacement at Highway 1 and Northgate Drive as required to reduce larger vehicle off tracking on sidewalk paving. 6. Addition of a new 12 -inch water valve at the interface between the existing and proposed main. 7. Incentives $ 1,685.09 $ 25,679.82 $ 17,265.53 $18,862.25 $9,144.04 $54,750.00 TOTAL $ 129,562.53 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer 3d(4) Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5436 RESOLUTION NO. 16-31 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND STANLEY CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WASTEWATER TREATMENT PLANT SLUDGE BIOSOLID DEWATERING EQUIPMENT REPLACEMENT PROJECT. WHEREAS, the City desires the services of a qualified firm to provide assistance to the City in the execution of the Wastewater Treatment Plant Sludge Biosolid Dewatering Equipment Replacement Project; and WHEREAS, the City currently operates three gravity belt filter presses that were installed original to the plant in 1989 that are nearing the end of their useful life and are in need of replaceni and WHEREAS, the City of Iowa City desires the services of a consulting firm to provide technical specifications, design, bidding and construction phase professional services for construction of the Wastewater Treatment Plant Sludge Biosolid Dewatering Equipment Replacement Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Stanley Consultants, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Stanley Consultants, Inc., and WHEREAS, funds for this project are available in the Sludge Biosolid Dewatering Equipment Replacement account # V3141. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 3 The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Passed and approved this 2nd day of February 20 16 - MAYOR Approved by ATTEST: hg,4„-) 2nr ? pit CITY CrMK City Attorney's Office ' i 2� tCQ Resolution No. 16-31 Page 2 It was moved by Eotchway and seconded by adopted, and upon roll call there were: AYES: NAYS: Mims U-I.9a2U1 the Resolution be Botchway Cole x Dickens Mims Taylor Thomas Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of February 2016, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Stanley Consultants Inc., of Muscatine, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires the services of a qualified firm to provide assistance to the City in the execution of the Wastewater Treatment Plant Sludge Biosolid Dewatering Equipment Replacement Project (the "Project"); and WHEREAS, said Project requires the assistance from a qualified engineering firm to procure three (3) gravity belt filter presses (BFPs) to replace the existing BFPs that are nearing the end of their useful life; and WHEREAS, said Project further requires the services of a qualified firm to provide design, bidding and construction phase professional services for the installation of the procured BFPs and remodeling of the South Wastewater Treatment Plant to accommodate these new BFPs; and WHEREAS, Consultant services were solicited through a Request for Qualifications (RFQ) distributed to three consulting firms and publicly advertised; and WHEREAS, Submittals were received from three consulting firms and evaluated by a selection committee, and WHEREAS, Stanley Consultants was selected based on qualifications and project specific criteria such as project approach, regulatory process experience, key personnel, schedule and price; and WHEREAS, funds are available in the Sludge Biosolid Dewatering Equipment Replacement fund # V3141. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the services outlined in Exhibit 1, and to do so in a timely and satisfactory manner. II. TIME OF COMPLETION The Consultant shall complete the Project in accordance with the schedule shown in Exhibit 2. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 2 - To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without th'e written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. -3 - Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Con§ultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES A. Compensation for BASIC SERVICES: CONSULTANT shall be compensated for BASIC SERVICES included in Exhibit 1 — Scope of Services on an HOURLY basis in accordance with the Hourly Fees and Charges, attached hereto and incorporated herein by this reference. The total cost of services shall not exceed One -Hundred Sixty -Nine Thousand, Six Hundred Seventy -Five Dollars ($169,675). B. Compensation for ADDITIONAL SERVICES: Any Additional Services performed by Consultant shall be compensated at the relevant hourly rate shown on the attached Hourly Fees and Charges, but only where such services are performed with prior written approval from the City. 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. C. The City hereby agrees to provide Consultant with a named representative with authority to receive information and transmit instructions for City, to provide Consultant with the City's requirements for the project, including objectives and constraints, design and construction standards, bonding and insurance requirements, and contract forms; to provide available information pertinent to project upon which Consultant may rely. Furthermore, the City will arrange for access to the South Wastewater Treatment Plant by Consultant, as required, and to timely examine documents presented by Consultant, obtain legal and other advice as City deems appropriate, and render written directions to Consultant accordingly. IM D. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. FOR THE CITFOR THE CONSULTANT By: BY:c¢ Title:_ bAF7 t(y 2. Title: V'C'S rre5 ise'j Date:tu-A-r Date: �Y_ �,rua ry Z, Zo l b r ATTEST: k1 Approved by. 'City Attorney's Office alslr� Date Exhibit 1 Scope of Services Wastewater Treatment Plant Sludge Biosolids Dewatering Equipment Replacement Project Basic Services Request for Proposals (RFP) for the Procurement of Belt Filter Presses Consultant shall assist the City in preparation of a request for proposals for the City's procurement of three belt filter presses in accordance with the City's Purchasing Manual. The estimated cost of the belt filter presses is well in excess of $25,000, thus a formal competitive process must be followed. In performing this task, Consultant shall provide the following services: 1.1 Information Gathering and Preliminary Evaluation 1.1.1 Schedule and conduct a project kick-off meeting with the City. Prepare meeting notes for electronic distribution. Discussion items include the following: a. Review of project scope and schedule b. Review of communication procedures and processes c. Discuss and confirm City concerns, objectives, and expectations. d. New equipment features important to the City. e. Review BFP sizing and number and transfer pumps. f. BFP emissions collection, handling, and disposition g. North wall/access vision. h. Next steps i. Work area tour. 1.1.2 Confirm with IDNR whether BFP air emissions captured and exhausted into the atmosphere will require an air permit. 1.1.3 Review additional data and information provided by the City, such as current belt filter press (BFP) operating hours and performance data. 1.2 Assist City in Drafting RFP for BFPs and Evaluating Proposals 1.2.1 Determine BFP size, number, and expected normal and peak operating hours for current loading conditions and document in technical memorandum to City. 1.2.2 Prepare BFP technical specification for the City review. Finalize technical specification for City to incorporate into BFP procurement RFP. 1.2.3 The City anticipates procuring the BFPs after the BFPs are tested using the City's biosolid sludge. Ideally, the RFP would include two phases, (1) shortlisting proposers for pilot testing, and (2) pilot testing selected proposers' BFPs at the City's facility for two weeks. 1.2.4 Consultant shall work with City staff in meeting at City's office to prepare proposal evaluation criteria and format for City's use in RFP. a. The RFP shall seek information necessary to evaluate the best BFP for the City, which will include, but will not be limited to, the proposer's BFP capital cost, polymer dose rates, polymer cost and other associated operating costs, as well as technical specifications, equipment features and options, dimensional and capacity information, and a reference list b. The criteria should also include details for objectively evaluating the outcome of any testing of the City's biosolid sludge. 1.2.5 Provide assistance and review of the RFP prepared by City Purchasing Division staff. 1.2.6 City will solicit and receive vendor proposals. 1.3 Assist City in reviewing proposals and coordinate BFP testing 1.3.1 Assist the City Purchasing Division in reviewing submitted proposals for completeness. 1.3.2 In selection meeting at City's office, guide the City evaluation committee in determining, based upon the RFP evaluation criteria, which proposers should move on to the Pilot Testing stage. 1.3.3 BFP Pilot Testing and Evaluation a. Shortlist up to five proposed vendors to be invited to pilot test their equipment utilizing the Plant's existing polymer and sludge conditioning system and digested biosolids being produced at the time of testing. The vendors also will have the option to test an alternate polymer for City's consideration. Each vendor will have one week of testing allowing them to prepare their pilot study report. The City will perform hands-on equipment operation and testing the following week to better understand the operation, maintenance and performance of each unit. b, Shortlisted vendors shall have the opportunity at their option to perform bench testing at their test facilities with City -provided sludge samples prior to coming on site for pilot testing. c. Prepare a standard pilot testing protocol for utilization by five proposed vendors and City. Pilot testing protocol will delineate the performance trials, sampling frequencies and protocols, and result reporting requirements. d. Visit the pilot testing twice during each vendor's pilot testing (once when the vendor is operating and obtaining data and once when the City is operating that vendor's equipment) — up to 10 total visits. City will take samples for testing by a commercial laboratory and duplicates for testing in the City's wastewater laboratory. e. Prepare a BFP Pilot Study Report summarizing the vendor pilot test results for City evaluation committee's consideration. 1.3.4 Attend BFP selection and pilot study review meeting with City evaluation committee. In collaboration with City make final recommendation to the . City regarding the preferred vendor. 1.3.5 City shall prepare procurement equipment contract documents. Consultant to provide recommendations for adjustments to technical requirements resulting from the pilot testing. Design Services 2.1 Review BFP equipment shop drawings and submittals from the selected BFP vendor. 2.2 Prepare Preliminary BFP Installation Design Documents consisting of draft technical specifications and preliminary drawings based on the procured BFP equipment. Three (3) copies of the Preliminary documents will be provided to City. Drawings will be half-size drawings. Design elements include: 2.2.1 BFP sludge feed pump replacement. 2.2.2 BFP utility and control connections. 2.2.3 Dedicated BFP ventilation system. 2.2.4 Ammonia removal system for BFP ventilation system discharge. 2.2.5 Modifications to North wall for BFP installation and post installation access. 2.2.6 BFP installation drawings including modifications to drain well and press supports. r 2.3 Prepare Preliminary Opinion of Probable Cost based on the preliminary design documents. 2.4 Attend a preliminary design review meeting with City to obtain City input and to coordinate construction schedule and phasing, based on construction of the project under one construction contract. 2.5 Finalize design consisting of drawings and technical specifications with City - prepared front ends. 2.6 Issue three (3) copies of pre -final design documents for City's final review_ Drawings will be half-size drawings. 2.7 Prepare final opinion of probable cost. 2.7.1 Construction cost means total cost of entire project to City, except for Consultant's compensation and expenses, cost of land, rights-of-way, legal and accounting services, insurance, financing charges, and other costs which are City's responsibility as provided in this Agreement. 2.7.2 Since Consultant has no control over cost of labor, materials, equipment or services furnished by others, over contractors' methods of determining prices, or over competitive bidding or market conditions, its estimates of project construction cost will be made on the basis of its employees' experience and qualifications and will represent their best judgment as experienced and qualified professionals, familiar with the construction industry. Consultant does not guarantee that proposals, bids, or actual construction cost will not vary from its estimates of project cost. 2.8 Permitting services: 2.8-1 Obtain IDNR construction permit, if it is determined that this work is not considered as a maintenance/equipment replacement project 2.8.2 Provide to City Building department for building code/permit review associated possible exterior wall modifications - 3 Construction Bidding Phase Services The Bidding Services Phase will provide support to City during construction contract bidding. 3.1 Attend an on-site pre-bid meeting to explain the project and walk through project work scope and site with prospective bidders. 3.2 Answer bidder questions and provide clarifications as required during the bidding period. Issue pre-bid addenda if necessary. 3.3 Review the bids received and write letter of recommendation for acceptance by the City. 4 Construction Phase Services The Construction Services Phase will provide professional engineering services during the construction of the project, including review shop drawings, support the commissioning efforts, assist in preliminary and final acceptance walk-throughs, and filing of as -built data for record. These services shall not include coordination of procured BFP shipping and receiving, construction contract administration, or day-to-day observation of contractor work. Consultant tasks in this phase are as outlined below. Construction Phase will commence with execution of the Construction Agreement for Project with the Contractor and will terminate upon written recommendation by Consultant for final payment to Contractor. The estimated construction phase is three (3) month's. 4.1 Attend the pre -construction meeting. City will conduct the meeting and prepare meeting notes. 4.2 Review contractor submittals, shop drawings samples, test certificates, and other data which Contractor is required to submit only for conformance with the construction contract documents and compatibility with design concept of completed Project as a functioning whole as indicated in Contract Documents. Such reviews will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Consultant will perform submittal review per contract document requirements. 4.3 Review change orders and recommend to the City whether they should be approved or denied. Change Order processing, administration, and records keeping shall be performed by City's representative. 4.4 Respond to Requests of Information from contractor regarding the construction documents. 4.5 Issue Instructions to Contractor required to clarify design intent 4.6 Upon commissioning of the BFPs, Consultant shall attend the BFP performance testing and assist the City with evaluation of the test data. Consultant's review of test certificates will be for the purpose of determining that results certified indicate compliance with Contract Documents and will not constitute an independent evaluation that content or procedures of such inspections, tests, or approvals comply with requirements of Contract Documents. Consultant shall be entitled to rely on results of such tests. 4.7 Perform preliminary completion walk-through by process, electrical, and mechanical (HVAC) engineers and prepare a punch list of incomplete items. Recommend to City that Contractor's work be disapproved and rejected while it is in progress if, on basis of such observations, Consultant believes that such work will not produce a completed Project that conforms generally to Contract Documents or that it will prejudice integrity of design concept of completed Project as a functioning whole as indicated in Contract Documents. Contractor will notify Consultant when project is ready for "walk- through'. In the event that the work is not complete or performed correctly, any subsequent walk-throughs will be at Owner's or Contractor's cost. 4.8 Perform final acceptance walk-through by process engineer. Conduct final walk- through of the Work to determine if Work is complete and acceptable so that Consultant may recommend final acceptance to City. Contractor will notify Consultant when project is ready for "walk-through'. In the event that the work is not complete or performed correctly, any subsequent walk-throughs will be at Owner's or Contractor's cost. 49 Prepare record drawings based on Contractor markup on Stanley Consultants design drawings to the City. Provide one full-size set of record drawings and electronic AutoCAD and PDF format files. Additional Services Additional services can be performed by Consultant upon amendment to this Agreement, which shall be done prior to the performance of any additional services beyond the Scope of Services listed above. Exhibit 2 Anticipated Project Schedule Wastewater Treatment Plant Sludge Biosolids Dewatering Equipment Replacement Project Task Date Fully Executed Agreement & NTP February 3rd, 2016 1. Request for Proposals (RFP) for the Procurement of Belt Filter Presses Preliminary Evaluation To Be Scheduled February 3 —10 Draft RFP Assistance February 3 — March 1 RFP Solicitation/ShortListing March 1 —April 1 BFP Vendor Pilot Tests April 1— May 27* Award BFP Contract (expected 25 week delivery) June 21 (Presses onsite in Dec 2016) 2. Design Services Preliminary Design May 1 Final Design August 1 3. Bidding & Contracting August 17 — October 14 4. Construction October 14, 2016 — February 24, 2017 *Subject to vendor pilot unit availability and number of vendors shortlisted CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of _ 2016, by and betwe n the City of Iowa City, a municipal corporation, here City and Stanley Consultants Inc., of Muscatine, Iowa, hereinafter referred DL - referred to as the the Consultant, WHEREAS, the City de res the services of a qualified firm to provide sistance to the City in the execution of the Was water Treatment Plant Sludge Bioso' Dewatering Equipment Replacement Project (the '\"" roject"); and WHEREAS, said Project req 'res the assistance from a qualifie engineering firm to procure three (3) gravity belt filter presses ( Ps) to replace the existing BF s that are nearing the end of their useful life, and WHEREAS, said Project further r uires the servicos of qualified firm to provide design, bidding and construction phase professio al services for th installation of the procured BFPs and remodeling of the South Wastewate Treatment Plant accommodate these new BFPs, and WHEREAS, Consultant services we solicited rough a Request for Qualifications (RF4) distributed to three consulting firms and ublicly vertised', and WHEREAS, Submittals were receivedfroiQ tj�ree consulting firms and evaluated by a selection committee; and WHEREAS, Stanley Consultants was sel to based on qualifications and project specific criteria such as project approach, regulatory pro ess e erience, key personnel, schedule and price; and WHEREAS, funds are available i/by ludge Bi solid Dewatering Equipment Replacement fund # V3141. NOW THEREFORE, it is agreend between the parties hereto that the City does now contract with the Consultant to prervices as set Orth herein. SCOPE OF SERVIC Consultant agrees tc perform the services outline in Exhibit 1, and to do so in a timely and satisfactory marjOer. II. TIME OF C The Cons/esto hall complete the Project in accordan e with the schedule shown in Exhibit 2. III. GENERALS A. Theultant shall not commit any of the following mployment practices and agrprohibit the following practices in any subcontr cts. 2- 1. To discharge or refuse to hire any individual because of t,or, religion, sex, national origin, disability, age. marital status, gender entity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, privileges of employment because of their race, color, religion, sex, ational origin, \ disability, age, marital status, gender identity, or sexual c ntatior. B. Sho d the City terminate this Agreement, the Consultant s II be paid for all work and ces performed up to the time of termination. H ever, such sums shall not be eater than the "lump sum" amount listed in ction IV. The City may terminate his Agreement upon seven (7) calendar ays' written notice to the Consultant. C. This Agreeme t shall be binding upon the succ ssors and assigns of the parties hereto, provide that no assignment shall b without the written consent of all Parties to said A eement. D. It is understood an greed that the rete ion of the Consultant by the City for the purpose of the Prod ct shall be as independent contractor and shall be exclusive, but the Con ultant shall In e the right to employ such assistance as may be required for the rformance f the Project. E. It is agreed by the City that I rec ds and files pertaining to information needed by the Consultant for the proje t all be available by said City upon reasonable request to the Consultant. Th ity agrees to furnish all reasonable assistance in the use of these records and f F. It is further agreed that no arty t this Agreement shall perform contrary to any state, federal, or local law r any of t ordinances of the City of Iowa City, Iowa. G. At the request of the C y, the Consulta t shall attend meetings of the City Council relative to the work s t forth in this Agr ment. Any requests made by the City shall be given with r sonable notice to th Consultant to assure attendance, H. The Consultant a rees to furnish, upon ter 'nation of this Agreement and upon demand by the ty, copies of all basic notes d sketches, charts, computations, and any other ata prepared or obtained by the Consultant pursuant to this Agreement wit out cost, and without restrictions limitation as to the use relative to specific on ects covered under this Agreement. In such event, the Consultant shall not be I ble for the City's use of such documen on other projects I. The Cons tart agrees to furnish all reports, specificati s, and drawings, with the seal of a rofessional engineer affixed thereto or such al as required by Iowa law. J. The C y agrees to tender the Consultant all fees in a timelyXnanner, excepting, howe er, that failure of the Consultant to satisfactorily perform accordance with this greement shall constitute grounds for the City to withhold ayment of the ampunt sufficient to properly complete the Project in accordance with this IV V -3 - K. Should any section of this Agreement be found invalid, it is agr d that the remaining portion shall be deemed severable from the invalid portio and continue in full force and effect. L. \shrlgll inal contract drawings shall become the property of the ty. The Consultant be allowed to keep reproducible copies for the Consult is own filing use. M Fees" for securing approval of authorities having isdiction over the Project will be p id by the City. N. Upon sign!this agreement, Consultant acknow dged that Section 362.5 of the Iowa Code p hibits a City officer or employee fr m having an interest in a contract with the City, d certifies that no employee officer of the City, which includes members of the it Council and City boar and commissions, has an interest, either direct or ind ect, in this agreement, t t does not fall within the exceptions to said statutory provis n enumerate/inSe ion 362.5. O. The Consultant agrees t all timesto this Agreement to have and maintain professional liability in urance the Consultant's liability for the Consultant's negligent ac erroomissions to the City in the sum of $1,000,000. COMPENSATION FOR SERVICES A. Compensation for BASIC SE VIC CONSULTANT shall be co pensated r —Scope of Services on a HOURLY bas' Charges, attached heret and incorporate of services shall not ex ed One -Hundred Seventy -Five Dollars 769,675). BASIC SERVICES included in Exhibit 1 in accordance with the Hourly Fees and herein by this reference. The total cost y -Nine Thousand, Six Hundred B. Compensation for ADDITIONAL SERVICES: Any Additional Se ices performed by Consultant sh be compensated at the relevant hourly r e shown on the attached Hourly Fee and Charges, but only where such,/ces are performed with prior written app vol from the City, MISCELLANEOU A. All provisions oAgreement shall be reconciled in accordance ith the generally accepted standf the Engineering Profession. B. It is further meed that there are no other considerations or monies contin nt upon or resulting fro the execution of this Agreement, that it is the entire Agreement, nd that no other mohies or considerations have been solicited. C. The City tereby agrees to provide Consultant with a named representative with authority receive information and transmit instructions for City, to provide Consultant with the ity's requirements for the project, including objectives and constraints, design and con truction standards, bonding and insurance requirements, and contract forms, to provide available information pertinent to project upon which Consultant may rely. Furthermore, the City will arrange for access to the South Wastewater Treatment Plant MIE by Consultant, as required, and to timely examine documents Asserted by Consultant, obtain legal and other advice as City deems appire, and render written directions to Consultant accordingly. D, his Agreement shall be interpreted and enforced in accords e with the laws of the S to of Iowa Any legal proceeding instituted with respect this Agreement shall be bro ht in a court of competent jurisdiction in Johnson ounty, Iowa, The parties heret hereby submit to personal jurisdiction therei and irrevocably waive any 0bjecti as to venue therein, including any argument at such proceeding has been brought i an inconvenient forum. FOR THE CITY \ /FOR THE CONSULTANT 0 Date, \ / Date. ATTEST. Approved by: City Attorney's Office Date Exhibit 1 Scope of Services Wastewater Treatment Plant Sludge Biosolids Dewatering Equipment Replacement Project Basic Services 1 Request for Prop\sals (RFP) for the Procurement of Belt Filter Press Consultant shall assiste City in preparation of a request for roposals for the City's procurement of three belt er presses in accordance with the Cit s Purchasing Manual. The estimated cost of the belt Tilt presses is well in excess of $25) 0, thus a formal competitive process must be followed. In performing this task, Consul nt shall provide the following services: 1.1 Information Gathering anPreliminary Evaluaf n 1.1.1 Schedule and co duct a project ck-off meeting with the City. Prepare meeting notes for lectronicdi�fribution. Discussion items include the following: / a. Review of project cope'and schedule b. Review of commun ation procedures and processes c. Discuss and confirm ity concerns, objectives, and expectations. d. New equipment fe tur s important to the City. e. Review BFP sizi g and umber and transfer pumps, f. BFP emission collection, handling, and disposition g. North wall/ac ess vision, h, Next steps i. Work are our 1.1.2 Confirm wit IDNR whether BFP air missions captured and exhausted into the a osphere will require an ai permit, 1,1.3 Review ddltional data and information rovided by the City, such as curre belt filter press (BFP) operating h urs and performance data. 1.2 Assist City in afting RFP for BFPs and Evaluating P posals 1.2.1 D termine BFP size, number, and expected rmal and peak operating ours for current loading conditions and docu nt in technical memorandum to City. 1.2. Prepare BFP technical specification for the City re iew Finalize technical specification for City to incorporate into BFP procur ment RFP, 1. .3 The City anticipates procuring the BFPs after the BF are tested using the City's biosolid sludge. Ideally, the RFP would inclu e two phases, (1) shortlisting proposers for pilot testing, and (2) pilot testi selected proposers' BFPs at the City's facility for two weeks. 1.2,4 Consultant shall work with City staff in meeting at City's offs e to prepare proposal evaluation criteria and format for City's use in RFP. a. The RFP shall seek information necessary to evaluate the best BFP for the City, which will include, but will not be limited to, the proposer's BFP capital cost, polymer dose rates, polymer cost and other associated operating costs, as well as technical specifications, equipment features and options, dimensional and cap city information, and a reference list. b, The criteria should also include details for objectively a uating the outcome of any testing of the City's biosolid sludge. 1,2,5 rovide assistance and review of the RFP prepared b ty Purchasing Di 'sion staff. 1.2.6 City ' I solicit and receive vendor proposals. 1.3 Assist City in re ewing proposals and coordinate FP testing 1.3.1 Assist the Ci Purchasing Division in r sewing all submitted proposals for completene s. 1.3.2 In selection meets at City's offic guide the City evaluation committee in determining, bas d upon the FP evaluation criteria, which proposers should move on to th Pilot T sting stage. 1,3,3 BFP Pilot Testing and a ation a. Shortlist up tofive r osed vendors to be invited to pilot test their equipment utilizi g t Plant's existing polymer and sludge conditioning sys m and ' este biosolids being produced at the time of testing. Th vendors al will ave the option to test an alternate Polymer for sty's considera on. ach vendor will have one week of testing allo ing them to prep e t it pilot study report, The City will perform nds-on equipment o rat n and testing the following week to Bette understand the operatid aintenance and performance of each it. b. Sho misted vendors shall have the\o portunity at their option to pe rm bench testing at their test fats t s with City -provided sludge /e. pies prior to coming on site for pilot to ting. are a standard pilot testing Prot t for utilization by five osed vendors and City, Pilot testing otocol will delineate the ormance trials, sampling frequencies a protocols, and result rting requirements. the pilot testing twice during each vendo pilot testing (once n the vendor is operating and obtaining data qd once when the is operating that vendor's equipment) — up to 14 total visits. City take samples for testing by a commercial ` oratory and icates for testing in the City's wastewater laborato are a BFP Pilot Study Report summarizing the ven or pilot test lts for City evaluation committee's consideration. 1.3.4 Attend BFP selection and pilot study review meeting with City a luation committee. In collaboration with City make final recommendation the City regarding the preferred vendor. 1,35 City shall prepare procurement equipment contract docu nts. Consultant to provide recommendations for adjustments to tech cal requirements resulting from the pilot testing, F Design Services 2.1 Review BFP equipment shop drawings and submittals from the selected BFP vendor. 2.2 Prepare Preliminary BFP Installation Design Documents consisting f draft technical specifications and preliminary drawings based on the or red BFP equipment, Three (3) copies of the Preliminary documents will e provided to City, Drawings will be half-size drawings. Design elements in de: 2.2.1 BFP sludge feed pump replacement. 2 BFP utility and control connections. 2.2.3 edicated BFP ventilation system. 2,2,4 A onia removal system for BFP vent' tion system discharge 2.2 .5 Modi ations to North wall for BFP i tallation and post installation access. 2.2.5 BFP instal tion drawings inclu ng modifications to drain well and press supports. 2,3 Prepare Preliminary O inion of obable Cost based on the preliminary design documents. 2,4 Attend a preliminary design eview meeting with City to obtain City input and to coordinate constructions e ule and phasing, based on construction of the project under one constru tion ntract 2.5 Finalize design consist g of drawi s and technical specifications with City - prepared front ends, 2.6 Issue three (3) cop' s of pre -final desig documents for City's final review, Drawings will be If -size drawings, 2.7 Prepare final o nion of probable cost. 2.7 .1 Constr ction cost means total cost entire project to City, except for Cons tant's compensation and expe es, cost of land, rights-of-way, lega and accounting services, insuranc , financing charges, and other co s which are City's responsibility as pro ided in this Agreement. 2.7.2 S' ce Consultant has no control over cost labor, materials, equipment services furnished by others, over contract rs' methods of determining rices, or over competitive bidding or market onditions, its estimates of project construction cost will be made on the basis of its employees' experience and qualifications and will represent their best judgment as experienced and qualified professionals, familiar with the construction industry. Consultant does not guarantee that prop sals, bids, or actual construction cost will not vary from its estimates of pr 'ect cost. 2.8 ermitting services: 2,8.1 Obtain IDNR construction permit, if it is determined that is work is not considered as a maintenance/equipment replacement projec 2.8.2 Provide to City Building department for building code/per review associated possible exterior wall modifications. 3 Construction Bidding Phase Services The Bidding Services Phase will provide support to City during construction contract bidding. 3.1 Attend an on-site pre-bid meeting to explain the project and walk through project work scope and site with prospective bidders , Answer bidder questions and provide clarificatio/requireuring the bidding \Constru iod. Issue pre-bid addenda if necessary. 3.3ew the bids received and write letter of reor acceptance by ity. 4 on Phase Services The Construction Services Phase will provide profes nal engineering services during the construction of .\-S h oject, including review shop drawings, support the commissioning efforts, assist in pre\nntract d final acceptant alk-throughs, and filing of as -built data for record. These hall not include ordination of procured BFP shipping and receiving, constructct administrati orday-to-day observation of contractor work. Consultant tis phasear as outlined below. Construction Phase will commence with exethe Constr tion Agreement for Project with the Contractor and will terminate n reco mendationbyConsultant for final payment to Contractor. The estis ctio phase is three (3) months. 4.1 Attend the pre-constructi meeting. City will conduct the meeting and prepare meeting notes. 4.2 Review contractor s mittals, op drawings samples, test certificates, and other data which Contra for is requ ed to submit only for conformance with the construction cont ct document and compatibility with design concept of completed Proje as a functionin whole as indicated in Contract Documents. Such reviews ill not extend to m ons, methods, techniques, sequences, or procedures o construction or to s ety precautions and programs incident thereto. C nsultant will perform s mittal review per contract document requiremen 4.3 Review a change orders and recommen to the City whether they should be approve or denied, Change Order proc sing, administration, and records keepin shall be performed by City's represen tive. 4.4 Resp nd to up to all Requests of Informatio from contractor regarding the con ruction documents. 4,5 Iss a as many Instructions to Contractor as are req 'red to clarify design intent. 4,6 on commissioning of the BFPs, Consultant shall a nd the BFP performance sting and assist the City with evaluation of the test d a. Consultant's review of est certificates will be for the purpose of determini that results certified indicate compliance with Contract Documents and ll not constitute an independent evaluation that content or procedures of such inspections, tests, or approvals comply with requirements of Contract Documents. onsultant shall be entitled to rely on results of such tests. 4,7 Perform preliminary completion walk-through by process, electrical, and mechanical (HVAC) engineers and prepare a punch list of incomplete items. Recommend to City that Contractor's work be disapproved and rejected while it is in progress if, on basis of such observations, Consultant believes that such work will not produce a completed Project that conforms generally to C ntract Documents or that it will prejudice integrity of design concept of cgpleted Project as a functioning whole as indicated in Contract Documents. 4.8 erform final acceptance walk-through by process engineer. Co duct final walk - t ough of the Work to determine if Work is complete and cceptable so that Co ultant may recommend final acceptance to City. 4.9 Prepar record drawings based on Contractor marku on Stanley Consultants design wings to the City. Provide one full-size et of record drawings and electronic utoCAD and PDF format files. Additional Services Additional services can be erformed by Consultant on amendment to this Agreement, which shall be done prior to e performance of any dditional services beyond the Scope of Services listed above. Exhibit 2 Anticipated Project Schedule Wastewater Treatment Plant Sludge Biosolids Dewatering Equipment Replacement Project k Date Fully Ex uted Agreement & NTP February ' , 2016 1. Request Proposals (RFP) for the Procurement o elt Filter Presses Preliminary E luation To e Scheduled February 3 —10 Draft RFP Assistan e ebruary 3 —March 1 RFP Solicitation/Short fisting �BFP March 1—April 1 Vendor Pilot Tests April 1 — May 27* Award BFP Contract (expect d 25 eek delivery) June 21 (Presses onsite in Dec 2016) 2. Design Services Preliminary Design May 1 Final Design August 1 3. Bidding & Contractin August 17—October 14 4, Construction ctober 14, 2016 —February 24, 2017 *Subject to vendor ilot unit availability and numb of vendors shortlisted m""MpTr Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5239 (SUB15-00030) 3 RESOLUTION NO. 16-32 RESOLUTION APPROVING FINAL PLAT OF SANDHILL ESTATES PART 4, IOWA CITY, IOWA. WHEREAS, the owner, SG &M Properties, filed with the City Clerk the final plat of Sandhill Estates, Part 4, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A SUBDIVSION IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, AND IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, ALL IN TOWNSHIP 79 NORTH, RANGE 6, WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE S88°59'02"W ALONG THE SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 36.66 FEET TO THE SOUTHEAST CORNER OF SANDHILL ESTATES PART 1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 47, AT PAGE 230 BEING ALSO ON THE NORTHERLY RIGHT-OF-WAY OF MCCOLLISTER BOULEVARD; THENCE N52- 10'51" W ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 258.80 FEET, THENCE N37048'16"E ALONG THE EASTERLY LINE OF SANDHILL ESTATES PART 1, A DISTANCE OF 225.87 FEET; THENCE N52000'44"W ALONG SAID EASTERLY LINE, A DISTANCE OF 28.42 FEET; THENCE N37°48'41"E ALONG SAID EASTERLY LINE, A DISTANCE OF 213.33 FEET FOR THE POINT OF BEGINNING; THENCE N090 15'37"W ALONG SAID EASTERLY LINE, A DISTANCE OF 150.99 FEET; THENCE N08051' 06"W ALONG SAID EASTERLY LINE , A DISTANCE OF 121.23 FEET TO THE SOUTHERLY LINE OF OUTLOT M OF SAID SANDHILL ESTATES PART 1; THENCE N77° 49'54"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 107.57 FEET; THENCE S150 08'25"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 121.46 FEET TO A POINT ON A CURVE BEING THE NORTHERLY RIGHT OF WAY OF COVERED WAGON DRIVE; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY BEING A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1116.98 FEET AND A CHORD BEARING OF 1\164°09'10"E, AN ARC LENGTH OF 417.47 FEET; THENCE S370 54'49"E, A DISTANCE OF 190.51 FEET; THENCE N68°49' 48"E, A DISTANCE OF 60.22 FEET; THENCE SO4° 42' 19"E, A DISTANCE OF 71.50 FEET, THENCE S22° 58' 28"E, A DISTANCE OF 68.09 FEET; THENCE S43° 53' 10"E, A DISTANCE OF 65.53 FEET; THENCE S160 37' 53"E, A DISTANCE OF 67.67 FEET; THENCE S26° 44' 05"E, A DISTANCE OF 169.19 FEET TO THE NORTHEAST CORNER OF LOT 101 OF SANDHILL ESTATES PART 3 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 59, AT PAGE 51 ; THENCE S72° 59' 53"W ALONG THE NORTHERLY LINE OF SAID SANDHILL ESTATES PART 3, A DISTANCE OF 78.43 FEET; THENCE S880 19' 25"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 211.50 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY ALONG SAID NORTHERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1250.00 FEET AND A CHORD BEARING OF S05003'14"E, AN ARC LENGTH OF 38.63 FEET; THENCE S85° 39'31"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 278.93 FEET TO A POINT ON A CURVE; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 830.00 FEET AND A CHORD BEARING OF N05° 18' 53"W, AN ARC LENGTH OF 75.64 FEET; THENCE S810 36' 37"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 112.43 FEET; THENCE N70° 30'25"W ALONG SAID Resolution No. 16-32 Page 2 NORTHERLY LINE, A DISTANCE OF 46.68 FEET; THENCE N490 36'36"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 57.33 FEET; THENCE N36° 56' 23"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 65.00 FEET; THENCE N020 48' 54"E ALONG SAID NORTHERLY LINE, A DISTANCE OF 33.88 FEET; THENCE N080 48' 13"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 62.56 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 7.74 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reason. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 2nd day of February , 20j_6 f L MA ( R Approved by ATTEST: _ "I'I CITY -CLERK City Attorney's Office pcdllemplateslSANDH ILL 4 Final Plat -Resolution (2).doc.doa Resolution No. 16-32 Page 3 It was moved by Botchway and seconded by Mims Resolution be adopted, and upon roll call there were: the AYES: NAYS: ABSENT: ABSTAIN: x Botchway x _ Cole x Dickens x Mims x Taylor v xThomas Throgmorton To: City Council Item: SUB15-00030 Sandhill Estates, Part 4 GENERAL INFORMATION: STAFF REPORT Prepared by: Sarah Walz Date: February 2, 2016 Applicant: SG & M Properties LLC 775 Mormon Trek Boulevard Iowa City, Iowa 52246 319-466-4327 Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 60 -Day Limitation Period: BACKGROUND INFORMATION: Jerry Waddilove 775 Mormon Trek Boulevard Iowa City, Iowa 52246 319-466-4327 Final plat approval Development of a 24 -lot subdivision East of Gilbert St. and north of Langenberg Ave. 7.74 acres Undeveloped (OPD5) North: Undeveloped (OPD -5) South: Residential (OPD -5) East: Residential (OPD -5 & RS -8) West: Residential (OPD -5) South District Plan: Low to medium density single- family residential S1 — Wetherby December 4, 2015 February 2, 2016 The applicant, SG & M Properties, LLC, has submitted a final plat for a Sandhill Estates — Part 4, a 24 -lot, 7.74 -acre subdivision located north of Langenberg Avenue. A preliminary plat for Sandhill Estates — Part 3 and 4 was approved in August, 2014. 2 ANALYSIS: The final plat is in general compliance with the approved preliminary plat and subdivision regulations. There are two changes from the previous plat: The preliminary plat had shown a one -block section of Sandusky Drive running east - west off of Armstrong Lane, just north of Langenberg. As future subdivisions are developed, the road will curve back north and west, following along the Sand Prairie Park, before connecting with the existing portion of Sandusky Drive in the Pepperwood Subdivision. This would have created two unconnected segments of "Sandusky Drive". Because it will be some years before the two segments could be connected, and because there is currently no efficient way to get from the south section of the road to the north, this could create confusion for first responders and the general public. The applicant has therefore changed the name of the southern portion of the road from Sandusky Drive to Sand Prairie Drive. This street name will carry on with future subdivision phases until the road reaches an intersection just south of the existing Pepperwood development, where the name will change to Sandusky. This sort of change in street names in not uncommon for long meandering streets or streets that change direction. • On the preliminary plat there were two additional lots located east of lot 121 on the south side of Sand Prairie Drive (formerly Sandusky). These lots have been removed from the current plat and will be added to a future subdivision phase. Staff does not see any issue with the removal of these lots from this phase. Infrastructure fees: Required fees include a water main extension fee of $435 per acre and a sanitary sewer tap on fee of $809.46 for the entire subdivision. This agreement was made during Part 2 for all of Sandhill Estates. Stormwater detention was addressed with an earlier subdivision. There will an oversized sidewalk cost to the City for a wide sidewalk to be installed along Covered Wagon Drive. Neighborhood Open Space: The requirements for neighborhood open space were satisfied when 17.74 acres of Sand Prairie Park were dedicated to the City at the time Sandhill Estates Part 1 and 2 were final platted. STAFF RECOMMENDATION: Staff recommends approval of SUB15-00030, the final plat of Sandhill Estates, Part 4, a 24 -lot, 7.74 -acre residential subdivision located north of Langenberg Ave. subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. It is anticipated that the construction drawings and legal papers will be approved prior to the February 2 City Council meeting. ATTACHMENTS: 1. Location Map 2. Final plat Approved by: 7 ✓4 Y -rK-� John Yapp, Development Services Coordinator, Department of Neighborhood and Development Services PCD\Staff Reports\subl5-00030 staff report draft final.docx Y S , E 9 I Igga / -- — [[ 1! y jj - 8 - �y 8488668 ¢EB ?EE@ AAA casco eg qi� e A� Iil i! la la sa�s asb H41i i H Saeta e ¢ saeKaaa A�aaax xA®f�iixxx�®era�xgaaaaeC ep[ ea a-KaAK Sa ga ga°al • �' -g -- T I ly �9 �_ i9 9 ,.. i s 6g !a a �• I ii f� e@e E 9 I Igga / -- — [[ 1! y jj - 8 - �y A''E@68996 8488668 ¢EB ?EE@ AAA casco eg qi� e A� Iil i! la la sa�s asb H41i H A''E@68996 8488668 ¢EB ?EE@ AAA casco eg qi� R-1,1111 WHIM H41i H Saeta e ¢ saeKaaa A�aaax xA®f�iixxx�®era�xgaaaaeC ep[ ea a-KaAK Sa ga ga°al C988i88§pe �eie§e e@e xpg tip�6y5 g5 ae a� �eeee i§y�iae 99Y � G4aRG,g9p{giyylC �pe3Gi65t�4Rpp at�4t�Bap590a G> s A 96K 1�m ;�4§41�n4g•A�1&b �A G qg aIna ;189 s 'a � A�Ad K II, — s�'S aq`°`,{?• K 9a A AA 3 Fa' 1j. �[. ]q�K qq �aSaxp5� gpl�yy 53q i a[Kp��.3A'�l ���CC��6p6psi32ig R Y Ya .. A3�AipQpA�ggL l�A�iyQd R q � Gd �A o CITY OF IOWA CITY 3d 18-11 �--' �01 MEMORANDUM Date: January 22"d, 2016 To: Tom Markus, City Manager From: Jason Havel, City Engineer Re: Consultant Services Wastewater Treatment Plant Sludge Biosolid Dewatering Equipment Replacement Project Introduction Staff has solicited proposals from consultants to provide engineering services for the Wastewater Treatment Plant Sludge Biosolid Dewatering Equipment Replacement Project. The consultant will provide technical assistance, preliminary design, final design, bidding and construction phase services for the project. History/Background The City of Iowa City currently operates three EnviroQuip 2.2 meter gravity belt filter presses that were installed in 1989 (original to the plant) that are nearing the end of their useful life and are in need of replacement. In addition to the new gravity belt filter presses, potential upgrades to site piping, air handling equipment, and ancillary equipment (grinders, mixers, feed pumps, flocculation tanks, etc... ) will need to be evaluated. Discussion of Solutions The consultant will assist the City in developing a technical specification and evaluating vendor submittals as part of the equipment procurement process. The consultant will also provide design, bidding and construction phase professional services for the project. The project plans and specifications will encourage efficiency and sustainable practices. Financial Impact Funds are available in the Sludge Biosolid Dewatering Equipment Replacement fund #V3141. Recommendation Staff recommends awarding the contract to Stanley Consultants, Inc., of Muscatine, Iowa, for a not -to -exceed fee of $169,675. Cc: Ron Knoche, Director of Public Works Tim Wilkey, Wastewater Superintendent Ben Clark, Senior Civil Engineer Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5142 RESOLUTION NO. 16-33 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE DOUGLASS STREET AND DOUGLASS COURT WATER MAIN REPLACEMENT PROJECT. WHEREAS, the City of Iowa City desires to construct the Douglass Street and Douglass Court Water Main Replacement Project ("Project") which includes the replacement of aging water main with a history of breaks and the addition of sidewalks on Douglass Street and Douglass Court; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and WHEREAS, funds for this project are available in the Douglass Street and Douglass Court Water Main Replacement account #W3223. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: - - - - - - - -- - - - The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and/or easement for the construction of the Douglass Street and Douglass Court Water Main Replacement Project ("Project") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Resolution No. 16-33 Page 2 Passed and approved this 2nd day of February -120 16 ATTEST: CITY ERK It was moved by Botchway and seconded by adopted, and upon roll call there were: AYES: x _x pweng\masters\acquireprop. doc App ved by City Attorney's Office Mims the Resolution be NAYS: ABSENT: Botchway Cole x Dickens Mims Taylor Thomas Throgmorton 3d(7) Prepared by: Sara Greenwood Hektoen, Asst, City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 16 - RESOLUTION AMENDING THE SUBDIVIDER'S AGREEMENT FOR SILVER SLOPE, PART TWO AND AUTHORIZING THE PARTIAL RELEASE OF LOT 20 THEREIN FROM SAID AGREEMENT. WHEREAS, the City and Hieronymus Family Partnership, L.L.P. entered into a Subdivider's Agreement for Silver Slope — Part Two, Iowa City, Iowa, approved by the City Council on April 21, 2015 (Resolution 15-119), and recorded in the Johnson County Recorder's Office on June 2, 2015 in Book 5372, Pages 1-47; and WHEREAS, pursuant to said Subdivider's Agreement, a mailbox cluster was to be constructed upon Lot 20; and WHEREAS, the parties desire to amend the Agreement to correctly identify the location of the mailbox cluster for the subdivision on Outlet C adjacent to Silver Lane, West of Lot 16; and WHEREAS, the Developer has substantially completed the public improvements required for this subdivision, as set forth in the Agreement, has deposited a letter of credit in escrow with the City pending the completion of the improvements, and has requested that Lot 20 be released from the obligations of the Subdivider's Agreement in accordance with a partial release agreement; and WHEREAS, the Public Works department has reviewed both of these requests and recommends approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement to Amend Subdivider's Agreement attached hereto is hereby approved. 2. The Partial Release Agreement Concerning Lot 20, Silver Slope, Part Two, Iowa City, Iowa attached hereto is hereby approved. 3. 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 these agreements, including the execution of the attached documents, and to record all necessary documentation at Hieronymus Family Partnership, L.L.P.'s expense. Passed and approved this 2nd day of Feb ary 016. MA + R ,� �� ) Apprroo d,by// ATTEST: y/?Y Z- yam �Vr*�a 14LL "v CIT ERK City Attorney's Office / z�/ Resolution No. Page 2 16-34 It was moved by Botchwav and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: is x Mims the Botchwav Cole Dickens Mims Taylor Thomas Throgmorton Prepared by Sara F. Greemvood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, lA 52240 (319) 356—Wo PARTIAL RELEASE AGREEMENT CONCERNING LOT 20, SILVER SLOPE, PART TWO, IOWA CITY, IOWA This Partial Release Agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City") and Hierontinnus Family Partnership, L.L.P., (hereinafter referred to as "Owner" and/or "Developer" of Silver Slope, Part Two, Iowa City, Iowa). IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: That by reason of the Subdivider's Agreement for Silver Slope, PartTwo, Iowa City, Iowa, approved by the Iowa City City Council on April 21, 2015 (Resolution No. 15-119), and recorded in the Johnson County Recorder's Office on June 2, 2015, in Book 5372, Pages 1- 47, Developer is obligated to install certain public improvements (hereinafter "Improvements") as a benefit to the public and the subdivision. The parties further acknowledge that this obligation is deemed a covenant running with the land and with title to the land. 2. That Developer has now substantially completed installation of said Improvements, with the exception of the trails and certain sidewalks detailed in Paragraph I(D) of said agreement, which have not been constructed. 3. Final acceptance of the Improvements and release of the Subdivider's Agreement by the City is not yet appropriate. For this reason, the Subdivider's Agreement constitutes a lien and cloud on the property described above. 4. That a $41,727.99 standby letter of credit Number 689 of MidwestOne Bank-, dated December 14, 2015, has been placed in escrow. The parties further acknowledge that this escrow is being retained by the City pending completion of the Improvements, as certified by the City Engineer and issuance of a final release by the City, for the Improvements. 5. In consideration of the City's release of its Lien on the property, Developer agrees that the lien on the property arising from the Subdivider's Agreement detailed above shall be transferred to and shall immediately attach to the escrow for this property, and that this lien shall remain attached to the escrow until such time as the Improvements are completed according to the Subdivider's Agreement. At such time, the City will issue a final release to the Developer for recordation. If the Developer docs not discharge its obligations for the Improvements as outlined in the above -referenced agreements and as stated herein, the City shall be entitled to draw on the escrow as outlined in the terms of such escrow and the above -referenced agreements. However, this remedy shall not be exclusive of any other remedy provided in law or equity. 6. Developer agrees that said escrow will be retained until all work on the Improvements is completed and the Improvements are finally accepted by the City as provided above. 7. In consideration thereof, the City does hereby release Lot 20, Sliver Slope, Par Two, Iowa City, Iowa from any lien or cloud now placed on the title to the above property for the purposes stated in Paragraphs I through 6 above, and arising out of the agreement referenced in Paragraph 1 above. 8. This Partial Release Agreement shall not be construed as a release of Developer's obligations to install the Improvements, the site work incident thereto and the obligation to install the sidewalks on all lots in the subdivision (including the sidewalks on the above- described lots) which obligations shall remain the Developer's responsibility until the Improvements have been completed and finally accepted by the City. Nor shall this Partial Release Agreement in any way alter, amend or modify the Subdivider's Agreement recorded in the Johnson County Recorder's Office as provided in Paragraph 1 above, except as provided in this agreement. Dated this day of .2016 CITY OF IOWA CITY, I�WA HIF,RONYFAMILY PARTNERSHIP, L.L.Y. l By:� By: k cc,r`�v'�e.r Attest: - Marian K. Karr, City Clerk STATE OF IOWA ) )ss: JOHNSON COUNTY ) T is instrument was acknowledged before me on this day of f by ��. 1 yy and Marian K. Karr as City Manager and City Clerk, respects ely, of said municipal corpora on on behal f of said municipal cor�pporation by authority of City council of said municipal corporation; and that �. orjaY and Marian K. Karr acknowledged that execution of said instrument to be the volumar} act and deed of said municipal corporation and by them voluntarily executed. TUTiIF e a e5 Notary Public in and for the State of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowled ed before me on thi day, 2016, by v u'.xj -sem as i�J ,� of Hieronymus Family rtnership, P. JULIE D MGHERTY Carmnlasion 14Umbar 787%9 _ is. . Ja�naary20 Emlres Iota ubh i and for e State fIowa Prepared by and returned to: Timothy S. Grady, 222 ,South Linn SL., Iowa City, Iowa 52240, phone naniber 319-338-75b1 AGREEMENT TO AMEND SUBDIVIDER' S AGREEMENT This Agreement to Amend Subdivider's Agreement is made among the City Of Iowa City, Iowa, a municipal corporation and Hieronymus Family Partnership, L.L.P., Recitals A. The parties entered into a Subdivider's Agreement for Silver Slope - Part Two, Iowa City, Iowa approved by the Iowa City City Council on April 21, 2015 (Resolution No. 15-119), and recorded in the Johnson County Recorder's Office on June 2, 2015 in Book 5372, Pages 1-47. B. Section 14, subparagraph 7 of the Subdivider's Agreement incorrectly stated that the mailbox cluster for all lots in the subdivision would be located on Lot 20. C, The parties desire to amend the Subdivider's Agreement to correctly identify the location of the mailbox cluster for the subdivision. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE TO AMEND THE SUBDIVIDER'S AGREEMENT AS FOLLOWS: 1. Section 14, subparagraph 7 of the Subdivider's Agreement is hereby deleted in its entirety and replaced with the following: The mailbox cluster for this subdivision shall be located on Outlot C adjacent to Silver Lane just west of Lot 16. Dated this ��' day of , 2016. By: OF IWAZC TY,A- WA HIEROI MdS FA�M%IL PARTNERSHIP, L.L.P. By: �l j{^ Al l'Q-1 C:l\y�Vllw.') .Y ;VW"ccol�/� Attest: /yla^cJ Marian K. Karr, City Clerk It STATE OF IOWA ss: JOHNSON COUNTY `` This instrument was acknowledged before me on this 2—kr--day of CJYl 2016, by�c r` (V(OY�and Marian K. Karr as City Manager and City Clerk, respec iE vely, of said municipal corporation on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that.j vS )V](C (}Tp ��1h and Marian K. Karr acknowledged that execution of said in o be the voluntary act and deed of said municipal corporation and by them voluntarily executed, 'Vy SIE' TUTTLE i, it. r27189° STATE OF IOWA ss: JOHNSON COUNTY Notary Public in and for the State of Iowa This instrument was acknowledged before me 2016, by'S r e ye kS i e �ro n ylFFamily Partnership, L.L.P. SR4 JULIE DAUGHERTY Ckrmnission Number 787969 My Commission Expires January 20, 2018 ISG/HiesonvmuSFamFartLLP/AgmtFneiendSubAgrmt aryl Public its a)id f on this ;1 d y of as f �p"�YV1R he State of Iowa 6 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 Resolution No 16-35 RESOLUTION APPROVING THE 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. 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 of $800; and WHEREAS, a public hearing was set for February 2, 2016 pursuant to Resolution 16-23, and held in accordance therewith after notice was published as required by law; and WHEREAS, finding the offered $800 to be fair market value for the air rights described on the attached Vacation Exhibit, Staff recommends approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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, for payment of $800 is hereby approved. 2. The Mayor is authorized to sign, and the City Clerk to attest, the documentation necessary to effectuate this conveyance in a form approved by the City Attorney, and to record the same at MidWest One's expense. Passed and approved this 2nd day of February , 2016. MA)P6R Approved by ATTEST: CITY CLERK City Attomey's Office s�% Resolution No. 16-35 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Mims the x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton N Cf) Cf) C/3 U.) w w N F- LU LLI Z ZLiI_. Q Z ce V W LLJ CL Z 0 Q S w�, U U LU z z W w LL. 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I VI / 9-1 CI V L o r O J N Q IZ� s 3 O � O N iaMUs NOZN110 Hinos I W I � I I N I � LUZ I W �N z LI wl Publication Notice Iowa City Press Citizen Publish on January 22, 2016 PUBLIC MEETING NOTICE FY16 Annual Action Plan Amendment #3 The City Council will hold a public meeting, accept comments, and consider approval of Iowa City's FY16 Annual Action Plan Amendment #3 on February 2, 2016. The meeting will be held at City Hall, Emma Harvat Hall, 410 East Washington Street at 7:00 p.m. The Annual Action Plan is a portion of Iowa City's Consolidated Plan (a.k.a. CITY STEPS). The Annual Action Plan includes information on the proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for housing, jobs, and services for low -moderate income persons. The Annual Action Plan outlines proposed activities and their budgets. If adopted, the FY2016 Action Plan Amendment #3 proposes the following changes in CDBG-funded projects: First, reduce the amount of funds for existing project titled, "Streetscape Improvement, Tract 18.01 & 18.02," from $75,000 to $50,000. And second, create a new project titled, "Neighborhood Recreation Improvements," for $25,000 to enhance Highland Park. Copies of the proposed amendment are available from the Neighborhood and Development Services Department, 410 East Washington Street; the Iowa City Public Library, 123 S. Linn Street; or on Iowa City's web site (www.icgov.org/actionplan). Additional information is available by calling 356- 5230. Comments may be submitted in writing to the Neighborhood and Development Services Department at the address above or by email to Kristopher-Ackerson@iowa-city.org. If you require special accommodations or language translation please contact Tracy Hightshoe at 356-5230 or 356- 5493 TTY at least seven (7) days prior to the meeting. C:\Users\jvoparil\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\3R4VESQD\Meeting Notice.doc 7 Prepared by: Kris Ackerson, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. 16-36 RESOLUTION ADOPTING IOWA CITY'S FY2016 ANNUAL ACTION PLAN AMENDMENT #3, WHICH IS A SUB -PART OF IOWA CITY'S 2016-2020 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City proposes to amend the FY2016 Annual Action Plan by adding one new CDBG (Community Development Block Grant) funded project titled, "Neighborhood Recreation Improvements," for $25,000 to enhance Highland Park located in a low- to moderate -income neighborhood; and WHEREAS, the City proposes to amend the FY2016 Annual Action Plan by reducing the amount of CDBG funding from $75,000 to $50,000 for the existing project titled, "Streetscape Improvement, Tract 18.01 and 18.02;" and WHEREAS, the combination of these two changes does not affect the overall total of federal funds apportioned by the City of Iowa City; and WHEREAS, according to CITY STEPS, said amendment is considered a substantial change to the FY2016 Annual Action Plan and requires City Council approval; and WHEREAS, the City has disseminated information soliciting public input at the February 2, 2016 City Council meeting on the proposed Amendment #3; and WHEREAS, the FY2016 Annual Action Plan Amendment #3 contains the allocation of CDBG funds attached hereto as Exhibit A; and WHEREAS, adoption of the Amended FY2016 Annual Action Plan is required by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended FY2016 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa Citys Amendment #3 to the FY16 Annual Action Plan, copies of which are filed in the Neighborhood and Development Services Department and Iowa City Public Library, are hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the applicable documentation for the City of Iowa City's Amended FY2016 Annual Action Plan to the U.S. Department of Housing and Urban Development to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. Passed and approved this 2nd day of February , 2016. Resolution No. 16-36 Page 2 Approved by �A ATTEST: CITY K City Attorney's Office Resolution No. Page 3 16-36 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 EXHIBIT A FY16 Annual Action Plan Substantial Amendment #3 December 2015 The City of Iowa City proposes the addition of one new CDBG (Community Development Block Grant) funded project titled, "Neighborhood Recreation Improvements," for $25,000 to enhance Highland Park located in a low- to moderate -income neighborhood. Additionally, the City proposes reducing the amount of CDBG funding from $75,000 to $50,000 for the existing project titled, "Streetscape Improvement, Tract 18.01 and 18.02." The combination of these two changes amounts to a reallocation of funding between projects and does not affect the overall total of federal funds. The proposed amendment is detailed on the following page. The City Council will consider this recommendation on February 2, 2016 following a 30 -day public comment period and the amendment will be submitted to the U.S. Department of Housing and Urban Development (HUD) following City Council approval. Jurisdiction: City of Iowa City, Iowa Contact Person Jurisdiction Web Address: Tracy Hightshoe http://www.icgov.org/actionplan Neighborhood Services Coordinator 410 E. Washington Street Iowa City, IA 52240 319.356.5244 Tracy-Hightshoe@iowa-city.org Proposed Amendment Project Name Streetscape Improvements - Tract 18 Target Area Lucas Farms Neighborhood Goals Supported Improve/maintain public infrastructure/amenities Needs Addressed Infrastructure Maintenance & Improvement Funding CDBG: $50,000 Description Construction of curb cuts truncated domes for increased accessibility, and other general streetscape improvement activities. Target Date 10/15/2016 Estimate the number and type of families that will benefit from the proposed activities 1,936 persons in Census block group 1, Census tract 18.01 Location Description Street intersections on Lakeside Drive between Whispering Prairie and Aniston. Planned Activities Streetscape and accessibility improvements Project Name Highland Park Improvements Target Area Lucas Farms Neighborhood Goals Supported Improve/maintain public infrastructure/amenities Needs Addressed Infrastructure Maintenance & Improvements Funding CDBG: $25,000 Description Playground equipment and landscaping enhancements Target Date 10/15/2016 Estimate the number and type of families that will benefit from the proposed activities 1,359 persons in Census block group 3, Census tract 17 Location Description Highland Park, 750 Highland Avenue Planned Activities Playground equipment and landscaping enhancements Location Map • '� ryy, pyEr 5 finentYl P rL a. PJ nu rmA 3 h hn. i4 Uu Y. a = IlewMeye ,-i G.Ifa�rse a i8 Wun - MANN Z AGar �nwMa Pani Y3$ _ q. He9n�e 4rMNw 6i Ehm lqn ClMr EDnergor151 opine SM1wl Slap g i fymmngrA 51 The University 5 j e Hawkeye of Iowa Campus O swaar � 9 M CA, H�SduYw kYWck 6utiem� • ae A. Q Ecwm St UniversrtY w' u. 4 " � ww.M O f.Wa,s Heiqhlz f J p y y ✓$ fE g Highlentl Perk Imgovemerna ivewry prxny a a . � u r r 6 W &nim 51 _ NNwaod Me 'ar U66 e 0 ©�� PkrW ave (iS E, OalfeM P:��SE�Ot Pwuenea PpNaJM y L� '24 B�aMwab _ y aMran H..B Mwm Aae � a� f� EEor OHbb, IF � bwa Gry MBM4 � •Iwe WY&: 9 �a 3`` Ininreiwnel 6 6 v � t Streetape Tracy 18 T 18 •Mara ////^���� Elpman T,A 81A 1-J Publication Notice Iowa City Press Citizen January 22, 2016 PUBLIC MEETING NOTICE FY16 Annual Action Plan Amendment #3 The City Council will hold a public meeting, accept comments, and consider approval of Iowa City's FY16 Annual Action Plan Amendment #3 on February 2, 2016. The meeting will be held at City Hall, Emma Harvat Hall, 410 East Washington Street at 7:00 p.m. The Annual Action Plan is a portion of Iowa City's Consolidated Plan (a.k.a. CITY STEPS). The Annual Action Plan includes information on the proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for housing, jobs, and services for low -moderate income persons. The Annual Action Plan outlines proposed activities and their budgets. If adopted, the FY2016 Action Plan Amendment #3 proposes the following changes in CDBG- funded projects: 1. Reduce the amount of funds for the existing FY16 project titled, "Streetscape Improvement, Tract 18.01 & 18.02," from $75,000 to $50,000 2. Create a new project titled, "Neighborhood Recreation Improvements," for $25,000 to enhance Highland Park Copies of the proposed amendment is available from the Neighborhood and Development Services Department, 410 East Washington Street; the Iowa City Public Library, 123 S. Linn Street; or on Iowa City's web site (www.icgov.org/actionplan). Additional information is available by calling 356-5230. Comments may be submitted in writing to the Neighborhood and Development Services Department at the address above or by email to Kristopher-Ackerson@iowa-city.org. If you require special accommodations or language translation please contact Tracy Hightshoe at 356- 5230 or 356-5493 TTY at least seven (7) days prior to the meeting. Public Comments Received with Staff Response The 30 -day public comment period for the FY16 Annual Action Plan Amendment #3 starts December 31, 2015 and ends January 30, 2016. The City Council is holding a public meeting on February 2, 2016. Comments Received: None Staff Response: N/A ��®4. CITY OF IOWA CITY 7MilowmatAWO_ �►�®��� MEMORANDUM Date: January 16, 2016 To: Thomas Markus, City Manager From: Kristopher Ackerson, Community Development Planner Re: City Council meeting on February 2 — Resolution Adopting the FY16 Annual Action Plan Amendment #3 Introduction A resolution considering approval of the FY16 Annual Action Plan Amendment #3 will be considered at the February 2, 2016 City Council meeting. History/Background City staff and the Housing and Community Development Commission (HCDC) propose the addition of one new CDBG (Community Development Block Grant) funded project titled, "Neighborhood Recreation Improvements," to enhance Highland Park located in a low- to moderate -income neighborhood. The City had allocated $75,000 in CDBG funds for streetscape improvements and neighborhood signage in Census Tracts 18.01 and 18.02 (southeast Iowa City). The neighborhood signage project, budgeted originally at $25,000, was altered due to the limitations of the CDBG program and will be funded with other City funds. This amendment proposes to allocate the $25,000 in CDBG funds to the Highland Park improvements. The combination of these two changes amounts to a reallocation of funding between projects and does not affect the overall total of federal funds. The Lucas Farms Neighborhood Association has been raising funds to improve Highland Park, so the proposed CDBG funds for the park will be matched by the neighborhood and City. The following background is provided by Zachary Hall, Superintendent of Parks and Forestry: During the past two years the Parks and Recreation department has closely collaborated with the Highland Park neighborhood on upgrades and new features to enhance the usability and experience of the park. Multiple meetings yielded a design concept plan, list of desired amenities and funding expectations. Through this process our collaboration has accomplished the installation of some amenities such as a new 14' octagonal shelter, a new park sign and a reclaimed adult and toddler swing set. There are plans in 2016 to install a new drinking fountain/water bottle filling station, a new see -saw and a new sidewalk connection through the park. One feature requested by the neighborhood that is unfunded and lacking is a new playground unit. The size of equipment the neighborhood has requested is valued at approximately $35,000. The neighborhood has secured a city issued PIN grant of $5,000 and has raised approximately $3,000 separately. The amenities currently installed and items yet to be installed are valued at approximately $30,000, not including installation costs. Discussion of Solution The 'Streetscape Improvement' project could remain unchanged but the CDBG funds for signage would not be utilized in a timely manner. Recommendation At their January 21 meeting, the Housing and Community Development Commission (HCDC) voted unanimously in favor to Amendment #3. City staff recommends approval of the proposed amendment. C:\Users\mkar\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\0V1N9JGE\Council memo.doc January 25, 2016 Page 2 Fiscal Impact These projects will utilize CDBG entitlement funds from the U.S. Department of Housing and Urban Development. If you have any questions about the amendment please contact me at 356-5230 or at Kristopher- Ackerson@iowa-city.org. 02-05-1 8 DEFEATED 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. MAYOR aZ5.nd ATTEST: X CITY C RK City Attorney's Office Resolution No. Page It was moved by _ Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Mims the x Botchway x Cole x Dickens X— Mims x Taylor x Thomas x Throgmorton Remarks for Formal Meeting of February 2, 2016 FILED E D Hello, Mayor Throgmorton and Council Members. First, I'd like to thank you for delaying your decision about this project at your last meeting. I hope you have been able to revisit the ped mall as you considered the pros and cons, and I ask you now to reject this proposed sculpture. It is far too big for the little plaza where it would go. That plaza is an intimate and beautifully proportioned space. Its neighbors are mainly two and three story buildings, many of them 130 to 150 years old. Many a European city would love to have this space. Imagine it filled with trees, plantings, chairs, tables shaded by multicolored umbrellas, and food carts offering fare from around the world. You've seen the proposed sculpture. Short of actual violence, could there be a more aggressive takeover of public space? To me, this is something you'd expect to see it in the courtyard of some Trump tower somewhere, maybe Las Vegas, on your way to the casinos. It doesn't ennoble, or inspire, it doesn't express who we are or what we aspire to be. It doesn't draw you in to contemplation or meditation or happiness. What it does have is sheer power: shock and awe. It is arrogant, brash and vulgar. It's Donald Trump. Recently, the City of Iowa City posted photos of the proposal on Facebook, along with some of the most preposterous puffery I've ever seen - about how famous Balmond is, how lucky we are that he is designing a sculpture for us, and so on. It even claimed Balmond has midwestern roots, as if that made the sculpture more relevant. All this made me think that one person was right when she wrote on Facebook in response to a post of mine, "It would make us a laughing stock evoking the image of Iowa as the home of country hicks and Iowa City as pretentious in its attempt to copy large cities with condos and huge sculptures. The ped mall, really!" The City's Facebook site couldn't control the public's responses to its post. By my count, just four people shared the official enthusiasm. All the other responses ranged from dubious, to appalled, to various obscenities. So the city can put the best face on it, but the project is by no means wildly popular with the people of Iowa City. I have seen some of the supportive letters in your information packet. I noti�c he� .R writers say we must keep Iowa City moving forward, they talk about our " I L traditional support of the arts, and they say art always inspires controversy. But not one says, "I love it. It's beautiful. It's inspiring." 2066 FEB -2 Phi ti: 0 And that's because it's not. aiwtl r Thomas Dean has written, "It 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." The eminent retired professor Carl Klaus wrote to the Press Citizen, "It is monstrously large; it will dominate the pedestrian plaza and diminish opportunities for the lively and varied social interactions that now transpire there. Its tyrannically large lens will not enrich our lives." (This last from an unpublished letter to the PC from Carl Klaus.) A few more quotes from Facebook: "Looks like a gigantic egg slicer." "Bad public art. Formally, conceptually, culturally, historically, it is just a misfit to Iowa City." "It's way too big." "Completely out of scale." "Way too large." More: "Hideous sculpture." "To me this looks like a giant device for burning ants." "Fugly." Here's another. "The eye will look at you with a trick of the light." The eye will look at you! And that's not from a critic, but a quote from Balmond himself. No wonder a critic for Architectural Review wrote, `Balmond's practical skill is beyond reproach but his visual taste raises doubts." So don't believe the hype that Balmond is a revered artist. He isn't. He is best known as an engineer - not an artist - and for working with Anish Kapoor on a towering steel `icon' for London that is generally hated. As one critic wrote in Art and Auction, "A gigantic sculptural tower has been the focus of sometimes acrimonious controversy, a heated debate over the project's aesthetic merits, political motivations, and corporate connections." (Sound familiar?) "Kapoor's design, everybody seems very keen to repeat, will be 72 feet taller than the Statue of Liberty." I quote this to suggest that supersizing seems to be what they use when genuine artistic inspiration fails. Now if - as I believe - most people don't want this sculpture built, why aren't they here protesting? Maybe it's political burnout, or it may be the weather. But I think that like most Americans, Iowa Citians lack faith in the political process. They believe the Balmond is a done deal. They think Iowa City's business interests are entwined with City Hall, and that, to quote the old saying, you can't fight City Hall. They believe the billionaire class runs America, and the multimillionaire class runs Iowa City. I hope you will prove them wrong. Dan Lechay N ry ' In C21 Marian Karr From: Gary & Marcy <gmwolf1 @gmail.com> Sent: Tuesday, January 19, 2016 7:39 PM To: Council Subject: Art project I am extremely disappointed in the council members that voted to defer the art project! Please keep Iowa City moving in a progressive fashion! Gary Wolf Marian Karr From: Joyce Summerwill <jsummerwill@mac.com> Sent: Thursday, January 28, 2016 7:57 AM To: Council Subject: Fundraiser Support for Public Art Dear Council Members: We are writing to request your support to hire a fundraiser for the Cecil Balmond art work which will be the focal point for the renewed downtown Ped Mall and streetscape. Public art has a long precedent in Iowa City joining the other arts which are our heritage in Iowa City. In the early 70's, Iowa City purchased the Kenneth Snelson work which is now placed along Dubuque Street coming into Iowa City (we believe it should be moved to a downtown location when the new construction is finished as it was intended for the downtown) Later a work by Robert Longo was selected and purchased for the then new government building opposite the courthouse. The ICPL has a large art collection which can be borrowed by the public for a period of time. The new UIMA is scheduled to be built downtown opposite the new UI Music Building, pending the February vote by the Regents. Art of any kind fosters many discussions — that is its purpose. The Cecil Balmond sculpture proposal was selected by a committee made up of art professionals and Iowa Citians. Of the esteemed artists who were asked to present their proposals, Cecil Balmond rose to the top unanimously. In addition to being the focal point of downtown Iowa City, it will we believe, be a draw for ALL citizens: it invites gatherings; it defines a "center" for Iowa City; it becomes a visuaul destination for the downtown; and it reflects the ongoing honoring of all the arts: visual, performing, and literary. - all long traditions in Iowa City. And as the University becomes more and more immeshed in downtown Iowa City, it reflects the collaboration and support each gives to the other: City and University. Thank you for your continued leadership in this project and your support in seeing it to its successful installation. Dick and Joyce Summerwill CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 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. Regular Agenda: ITEM 8 TCDD FUNDRAISING — See additional correspondence ITEM 9 WASHINGTON STREET RECONSTRUCTION MARKETING EXPENSES — See additional correspondence ITEM 10 HOUSING CHOICE VOUCHER — See additional correspondence Info Packet of 1/28: Memorandum from City Manager: CIT (Crisis Intervention Team) Training in San Antonio, Texas ME' UISG University of Iowa student Government UNIVERSITY OF IOWA STUDENT GOVERNMENT Student Senate North Pedestrian Mall Improvement Project Endorsement Student Senate Resolution 2 Submitted by: Senator Burns, Senator Dunn, & Senator Montuclard Student Senate Action: Passed/Failed/Tabled January 26, 2016 AN ACT, relating to Item 2d(13) of the January 19, 2016 Iowa City City Council Regular Formal Agenda—the City of Iowa City executing an agreement with the Iowa City Downtown District for fundraising expenses associated with the artwork portion of the North Pedestrian Mall Improvement Project; and WHEREAS, the official name of this resolution shall be North Pedestrian Mall Improvement Project Endorsement; and WHEREAS, as a UNESCO City of Literature and a home to the University of Iowa, Iowa City is a community in which literature and the arts are integral to its identity; and WHEREAS, Cecil Balmond's sculpture, The Lens, would definitively symbolize the City's devotion to the arts as a fundamental element of the community's culture; and WHEREAS, The Lens would enhance the vibrancy of Iowa City's cultural center; and WHEREAS, the Pedestrian Mall is intimately related to the University of Iowa campus culture because of its proximity to campus; and WHEREAS, the north end of the Pedestrian Mall in its current state is underutilized and The Lens would provide students and community members a distinctive location for gathering and demonstration off campus; and WHEREAS, The Lens would be a captivating and memorable aspect of the Pedestrian Mall for prospective domestic and international students and their families, ultimately making Iowa City a more attractive place in which to live and study; and THEREFORE BE IT RESOLVED, that the University of Iowa Student Government supports the Iowa City Downtown District's proposal for development of Cecil Balmond's sculpture, The Lens, at the north end of the Pedestrian Mall; and THEREFORE BE IT FURTHER RESOLVED, that the University of Iowa Student Government encourages the Iowa City City Council to authorize the City Manager to execute an agreement with the Iowa City Downtown District for fundraising expenses associated with the artwork portion of the North Pedestrian Mall Improvement Project; and THEREFORE BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Iowa City City Council upon its passage; and SO BE IT ENACTED, by the University of Iowa Student Government. d� r'1 tt_ " - e4,"' Speaker of the Student Senate Brendan Power I hereby attest and certify that this bill originated in the University of Iowa Student Government during the 2015-2016 Student Senate Session and is known as Ste. the Studeit Senate Jer my Vogel APPROVED January 27, 2016 t . P e ident of the University of Iowa Student Government Ell abeth Mills Marian Karr From: Nancy Hauserman <nhauserm@me.com> Sent: Friday, January 29, 2016 2:00 PM To: Council Subject: The Lens I am writing to express my disappointment in the selection of "the Lens" as the newest piece of artwork for Iowa City. Mind you, I love the idea of art in the city and in city spaces. And unlike some of my neighbors I am not especially put off by the price tag - good art costs money and artists deserve to be compensated for their work. Changing what people see in the world is a serious and important function of art and so I applaud the addition of more public art. So what's the subject of my discontent? ( you knew one was coming right?P) It's this: why is the art NOT done by an Iowa artist?? I am really amazed and not in a good way. There are SO many fine artists in Iowa. And then there's the fact that the University of Iowa has a fine Art School. Why would you not choose work by a state artist, and best yet, a local one or one who studied locally? I think you would increase the impact of the work by highlighting our state (and maybe our University and City) and send a strong message s about all that the state offers, including the possibility of being a great artist. And of course, the monies spent then support one of our own. Those are my thoughts. Nancy Hauserman 729 North Linn Iowa City, Iowa 52245 Marian Karr From: Benton, Daniel J <daniel-benton@uiowa.edu> Sent: Friday, January 29, 2016 4:50 PM To: Council Subject: Pending issue: sculpture in Ped Mall near Washington/Dubuque Streets Dear Council, I am writing to express my opposition to the placement of the current choice of sculpture (called "the lens" or "the egg -slicer") on the Ped Mall. It seems to me to be entirely out -of -scale in relation to everything around it EXCEPT the Moen tower next to it. Placing such an outsize object in that location will do nothing but engender more absurdly tall buildings in the core downtown area. Thank you for your attention. Daniel Benton 729 N. Linn Street Iowa City, IA 52245 email: Daniel-Bentonna.uiowa.edu cell: 319-3214148 1 - January 31, 2016 To the Iowa City City Council: 2016 FEB ! A _ 4 It is heartening to see our Iowa City City Cquncil p rtsidering Cecil Balmond's proposal for a major, signature artwork in the heart of 9r,6QY to begin the first stages of its realization tonight. Past City Councils considered that during redesign of the Pedestrian Mall, it was important to have a sculpture that will make all residents of Iowa City proud, will serve as a gathering place and will provide a Speakers' platform carrying on our downtown tradition for all of those who wish to present concerns and ideas to others. Those City Councils reviewed the Ped Mall project in several meetings with members of the public and business owners regarding the streetscape project and they wanted to see a significant artwork in the location that is designated for "Public Art" in the Black Hawk Mini Park area. As a sculptor of some major sculptural pieces in Iowa, I was asked to serve on the panel of citizens who selected Cecil Balmond as the artist who could best provide a work that incorporates new and exciting concepts for the selected site of Black Hawk Mini Park. And he has done so with his proposal for "The Lens." After, and even before his selection, Mr. Balmond had studied the site with its relationship to surrounding buildings and the people moving through the area; he had done research on the site's history and the structure of our community, he had talked with the Ped Mall's design team and most importantly he had consulted many Iowa Citians about their thoughts on his proposal. Because of the quality of his previous work and the potential of his producing a large-scale sculpture of note and with established technical support, our panel selected Mr. Balmond from a field of artists that included many Iowa artists. After one of several public meetings, including his public presentation at the Iowa City Public Library, Iowa City's Public Art Advisory Committee approved Cecil Balmond's selection by our panel. When I was selected as the artist to do my proposed sculpture, "The River—Time is a river without banks" for the Johnson County Administration Building, there were those who thought putting money into a major artwork was not something that should be done. Dick Myers, then the head of the Johnson County Board of Directors, held fast to his conviction that it was the right thing to do as the building was being built and the Board of Supervisors agreed. It was his and the Board's leadership and enthusiasm that allowed my artwork to be realized. Importantly, I wish you to know that once "The River" was installed I have had nothing but continued positive response from people in all walks of life to the sculptural relief. Each person sees the work in many different ways and from many different aspects, some of which I never dreamed that I had put into it or were there. Their ideas have enriched the work's meeaning tremendously over the many years since it was installed in 1986. 1 strongly believe the same positive response will be the public response to Cecil Balmond's proposed sculpture for Black Hawk Mini Park when it is realized. I can see already many potential "readings" of "The Lens" by people who see it, participate in it and become aware of aspects of light and shadow, of wind and quiet, of places to sit, to contemplate, to meet friends and to appreciate this beautiful, thoughtfully designed and very important artwork for Iowa City. And I personally have read into the work, just from Balmond's proposal, the following: • the circle is a universal and ancient symbol with extensive meanings and reminds me of life cycles, in fact all cyclic movement. It also reminds me of our community itself that is constantly changing, yet has a solid central unifying element • the eye inside the circle to me represents our community's unending search for truths • the lens being tilted allows the eye to focus on the important area of citizen gatherings in Black Hawk Mini Park, allowing for freedom to speak, to demonstrate, to discuss • the cladding of the circle with pipestone colored stone enhances the work's tie to the original concept of Black Hawk Mini Park • the lens allows light to pass through its several struts, thus connecting the work with the universe as the sun makes its rounds. The creation of cyclic and interesting patterns of shadow on the newly installed paved surfaces further enhance the sculpture's meaning. There are numerous statues, most of good quality and dedicated to specific people, that have been and will be realized in our wider community, but most importantly, I strongly believe that Cecil Balmond's proposal for "The Lens" is the right sculpture, in its abstract and symbolic nature, to represent our community and our city both now and in the future. have faith that you --our Mayor and Members of the Iowa City Council --will provide the leadership to see this important major artwork in the heart of Iowa City is carried out in a timely manner, coordinated with the renovation of the Pedestrian Mall. Respectfully submitted, Shirley Wyrick 132 Potomac Drive Iowa City IA 52245 shirley wyrick(aD-msn.com 319-338-4194 N d Marian Karr From: A Russett <amrussett@yahoo.com> Sent: Monday, February 01, 2016 11:29 AM To: Kingsley Botchway; Rockne Cole; Terry Dickens; Susan Mims; Pauline Taylor; John Thomas; Jim Throgmorton Cc: Marian Karr; Tom Markus; Geoff Fruin; Marcia Bollinger Subject: 2/2 Council Agenda - Item 8, ICDD Fundraising Members of the Iowa City City Council - I am writing in support of the City committing up to $50,000 to kick-start the fundraising efforts for the major public art piece in the pedestrian mall, commonly referred to as The Lens. I would like to briefly answer the two questions posed by Mayor Thorgmorton at the previous City Council meeting: 1. Why does this project deserve support? - The City went through a process where an artist and art piece were selected. I urge the City Council not to dismiss this process, which required the commitment of City staff time and resources. - The City's Downtown and Pedestrian Mall Streetscape Plan clearly illustrates extensive stakeholder involvement and the importance of public art expressed by those stakeholders. Specifically, page 25 of the Plan reads: "Family friendly opportunities, festive/seasonal lighting, plant material, and public artwork were ranked as the most important public space components." - Some residents have expressed dissatisfaction with the selected art piece. This is to be expected - public art is subjective and it is impossible for the City to select a piece that all residents will like. 2. Why would it be smart for the City to commit $50,000 to the project? - There are many intangible benefits of public art: aesthetics, placemaking, education, and others. - There are also tangible benefits of public art, including economic benefits. A $50,000 short-term investment by the City will lead to greater long-term economic benefits for the City. - The vast majority of this project will be privately funded. A commitment from the City will go a long way to show the City's support and help with fundraising. Lastly, I appreciate that the City Council is being cautious about the expenditure of tax dollars. However, this is a public art piece that should receive public investment. As a resident of Iowa City I would be concerned if the City committed to a public process and came this far only to demonstrate a lack of commitment at the very end. The City has a long history of supporting public arts. At your meeting on 2/2, I would urge you to continue this support by approving the expenditure of $50,000 for what will become the focal point of the City's ped mall. Thank you for your consideration. Anne Russett 14 Forest Glen Iowa City, IA 52245 Prepared by: Geoff Fruin, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240-319-356-5010 RESOLUTION NO. 16-37 RESOLUTION DIRECTING THE CITY MANAGER TO CONTRIBUTE $17,750 TO THE IOWA CITY DOWNTOWN DISTRICT FOR MARKETING EXPENSES ASSOCIATED WITH THE WASHINGTON STREET RECONSTRUCTION PROJECT AND TO OFFER A SUBSIDIZED PARKING AND TRANSIT PROGRAM FOR BUSINESSES DURING THE PROJECT. WHEREAS, The City Council formally adopted the Iowa City Downtown and Pedestrian Mall Master Plan in March 2014; and WHEREAS, The Iowa City Downtown and Pedestrian Mall Master Plan includes the Washington Street reconstruction project as a top priority improvement; and WHEREAS, On January 19th, 2016 the City Council approved plans and specifications for the Washington Street reconstruction project and directed staff to consider additional requests from the Iowa City Downtown District; and WHEREAS, It has been determined that is in the best interest of the City of Iowa City to provide $17,750 in direct marketing assistance to the Iowa City Downtown District, as well as to provide subsidized parking and transit passes to businesses during the Washington Street reconstruction project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Manager is authorized to contribute $17,750 to the Iowa City Downtown District for marketing expenses associated with the Washington Street reconstruction project and to offer a subsidized parking and transit program for businesses during the project. Passed and approved this 2nd day of February , 2016. M OR Ap roved by: City Attorney's Office Resolution No. 16-37 Page 2 It was moved by Aims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS x x x x x x ABSENT: x ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Black Hawk Mini Park Art Project Public Process INITIAL VISION OF A SIGNATURE PUBLIC ART PIECE Schedule of public meetings and open houses hosted by Genus Landscape and Design, consultant for the Downtown and Pedestrian Mall Streetscape project. Public input meetings May 2013 September 2013' November 2013 - Review final planning concepts* Public Open Houses October 2014* July 2015 December 2015 ' * Public Meetings promoted through press releases, direct emails, all City social media, posters displayed in public locations, ICDD outreach, various websites. Press coverage by PC and Gazette Downtown Streetscape Master Plan Approved by City Council March 2014 Proposed Location for Public Art PARTICIPATION BY PUBLIC ART ADVISORY COMMITTEE AND ARTIST SELECTION COMMITTEE April 2014 - Concept of signature art piece and role of the committee discussed with the Public Art Advisory Committee (PARC)+ July 2014 - RFQ for art project reviewed and approved by PAAC + August 2014 – Distribution of RFQ through media as well as art based websites (Iowa Arts Council, CaFE, Art Deadline, local art galleries, etc.) September 2014 - Formation of Artist Selection Committee — Members representing PAAC, University Art Museum, ICDD Board, City Council and local artist. +Public Meetings — posted agendas ARTIST SELECTION COMMITTEE PROCESS September 2014 - 28 RFQ submissions received Iowa — 6 Other states — New York, California, Illinois, Washington, Texas, Oregon Colorado, Massachusetts, New Mexico, Ohio, Minnesota - 19 England —1 Spain —1 Switzerland - 1 October 2014 — Review of submissions . Determined 3 candidates to interview (below). After interviews, the decision was made to invite all 3 candidates to Iowa City to participate in a public Open House: Vito Acconci - Friday, Nov. 7, 2014 Open House presentation:-ttp:,/,/Pc4.cc/kdf332ba Hans Breder - Friday, Nov. 21, 2014 Open House Presentation: c�ttp://ec4.cc/kda73577* Cecil Balmond - Monday, Dec. 8, 2014 Open House Presentation: http://ec4.cc/vd6f598f* ARTIST SELECTION COMMITTEE PROCESS CONTINUED January 2015 - Artist Selection Committee selects Balmond February 2015 — City Council approves Pedestrian Mall Design Services Agreement with Genus Landscape and Design which includes $25,000 art design fee for Cecil Balmond to develop an artwork concept with management of the design process by Genus *+ March 2014 — reception held to introduce Cecil Balmond. Invitations sent via personal contacts, ICDD and emails to local artists, art galleries and artists representatives March — October 2014 - Art Design Process. Selection committee involved in 2 meetings with Balmond (in person and skype) to discuss progress of work October 2, 2015 — public presentation of final design concept by Balmond in Iowa City *+ R r`� IIII Illi ISI! iPIP ter'' ' i e l NMI i Ila l/ ` fes'_ � Y { s" III0000 J A i �liii�i� ®iPl PEDESTRIAII MALL PIAIIttRIG I NOKN ENTRY AND BLACK KAM MINI PARK W ELAN KEY A 7H;E:-7.7 K SEAT WALL B! -:' - L SMELTER® BIKE PAPKItIG C : M EXBTNG WALKWAY 0 E -- N PROPOSED PROCATON SOLAR BAWaCE E :_--.,_ _- "Z, O PPCPOSED PUBLIC ART E 1: _ _ -__ - - c ,:AL.) P RECYCLIIY, 7ATI0I4 G IE_'_:-.:C+.E W, [TYPICAL) O MOVEABLE TABLES AND CHAPS N E "aAVEIG E PPCPO$ED PELOCA"4 BAW.CE RI PLACE I "+ E- ! i STATIOIt S PLMM14G AREA J :"-- E''•E UGNTNG a PERMEABLE PAVNG T PLAY AREA U STORYWALL WITH UPUGHMa- V NEW UNT PAVERS (TYPICAL) STREETSCAPE RAN EPDAIE . DRAF1 r 02-05-16 ^ per CITY OF IOWA CITY �9 MEMORANDUM Date: January 27, 2016 To: Tom Markus, City Manager From: Geoff Fruin, Assistant City Manager Re: Washington Street Recommendations At the January 19th City Council meeting, the Iowa City Downtown District (TCDD) presented four requests to assist businesses during the planned Washington Street reconstruction project. Stated in priority order, the requests included (1) marketing assistance (2) dedicated staff to enhance communication during the project (3) parking incentives, and (4) direct financial assistance. This memo intends to review previous efforts to assist the business community during this project, as well as present the City Council a recommendation for further assistance. The latter was requested by the Council at the January 19th meeting when the project plans and specifications were approved. City staff has spent a tremendous amount of time working with the ICDD and individual business owners on the development of the streetscape plans and construction phasing. This includes plan coordination on everything from utility connections and vault restorations to the placement of amenities such as benches, planters and trash receptacles. Similarly, staff adjusted construction phasing plans to best accommodate business concerns. In a project this complex with numerous different property and business owners, it is not realistic that everyone will support the same plans and phasing schedules. This has been most evident with construction phasing plans as numerous individual businesses have preferred strategies that simply do not align with each other. In order to ease impacts to the business community the City placed a number of construction constraints on the contractor. While difficult to quantify, these constraints all have an effect of pushing the project cost higher. In order to ease financial pressures on impacted businesses, staff recommended and Council approved cafe fee waivers for Washington Street businesses in 2016. Staff also recommended that the City pay 50% of costs associated with new vault doors, as well as 50% of the waterproofing membrane costs for the vaults. The City was in no way required to share in these costs as our existing vault use agreements with individual businesses clearly state that they are responsible for all costs of vault related work. The vaults serve a purely private purpose and thus the City could pass 100% of costs on to the property owners. While the actual number will be determined when project bids are received, the City estimates our cost share of this expense will exceed $94,000. Combined with the construction constraints and waiver of cafe fees, the City has already committed over $100,000 in an effort to reduce the project impact on property and business owners. In regards to the four additional requests made by the ICDD, staff recommends the following: 1. Marketing Assistance: As indicated the December 19th correspondence to the ICDD, staff is generally supportive of marketing assistance. At that time, we stated that we would prefer to wait and make a decision after the project bids were received. However, the ICDD would like to begin developing a marketing plan and the $17,750 request is reasonable. Staff recommends a contribution of $17,750 for marketing assistance during the project. 2. Project Communication: The complexity of the Washington Street project necessitates a strong communication plan. We plan to have a fulltime inspector and engineer on this project. The project engineer will be the point person for communication with businesses and the ICDD. January 27, 2016 Page 2 Staff is planning weekly business open house style meetings, as well as regular electronic communication. The project engineer will also be available for day-to-day communication as needed. Staff does not believe it is necessary to hire an additional person or re -assign another employee to supplement our current communication approach. Once a contractor is identified, staff will work with all parties to develop a more detailed communication plan in advance of the project start date. 3. Parking Incentives: Currently, any business can purchase parking ramp validations for their customers or employees at cost through the City's parking office. Subsidized parking validations were discontinued at the time the City switched to the First Hour Free rate structure. Staff recommends a fifty percent subsidized parking validation system during the Washington Street project Similarly, we recommend a fifty percent bus pass subsidy for transit users. Both programs would only be available during the Washington Street project and will only be able to be purchased by businesses as a means for incenting patronage at downtown retailers. Because the displaced parking serves the entire downtown district, staff recommends the program be open all ICDD members and not just those on Washington Street. The financial impact is hard to assess, but staff does not feel it will be overly burdensome on the Parking Fund. 4. Direct Financial Incentives: Direct financial incentives would be incredibly complex to administer on a project of this nature. The multitude of property owners and business owners, each with different ownership and rental structures, would complicate such an offering. Basing an incentive on property taxes paid may lead to inequitable distribution of dollars compared to actual impact. At the same time, monitoring lost revenue on a business by business case would be very burdensome and difficult to determine with any precision. Staff also has concerns with the precedential nature of such an offering and believes that future capital projects would increase not only in costs, but also in preparation time. For these reasons, staffs strong recommendation is to not offer direct financial incentives. The Washington Street reconstruction project will be a difficult project for the City and the business community. Staff believes the combination of previous mitigation efforts and the marketing, parking and transit recommendations in this memo provide a solid strategy heading into the project. Assuming approval, staff will communicate with the ICDD on the rollout of the recommendations in this memo. Marian Karr From: Karen Kubby <karen@beadologyiowa.com> Sent: Thursday, January 21, 2016 9:57 AM To: Council Subject: Washington Street streetscape plan City Council, Thank you so much for your earnest listening to comments about the streetscape improvements to Washington Street. It is very hard for the Iowa City Downtown District to represent all members on these issues, as its members have such a wide variety of needs. The four mitigation requests articulated by Executive Director, Nancy Bird, will help everyone on Washington Street --no matter what their business is or what business model they utilize. These requests were made in ICDD's priority order: marketing/fencing, communication, parking, and direct assistance. The gesture of removing outdoor cafe permit fees was generous. I do want to remind you (and the businesses) that these permits are for using the public right of way --a privatization of public land for private profit. The first use of these property is for public use, including improvements such as the streetscape plan. If a business feels they are not viable without this privatization, maybe its not the strongest financial position to be in the first place. My understanding from last Tuesday night's meeting was that if Phase 1 on the western block of Washington Street is significantly behind schedule, that you are open to negotiating completing Phase 2 in 2017. 1 hope everything possible is done to do this project in one construction season. Keeping the Dubuque Street intersection open during most of this time slows down this process, yet allows the community and businesses to have some traffic flow through the area as other areas are inaccessible to vehicular traffic. This makes a huge amount of difference to marketing that we are open and ready to serve. I am ready to have this project start, end, and starting living with the new improved area. Karen Kubby Beadology Iowa 220 E. Washington St. Iowa City, IA 52240 www.beadologviowa.com (319) 338-1566 phone (319) 688-2847 fax I r -4 It J.. i 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. Regular Agenda: ITEM 8 ICDD FUNDRAISING_ G -Semadditional orrespondence_ ITEM 9 WASHINGTON STREET RECONSTRUCTION MARKETING EXPENSES — See additional correspondence ITEM 10 HOUSING CHOICE VOUCHER — See additional correspondence Info Packet of 1/28: Memorandum from City Manager: CIT (Crisis Intervention Team) Training in San Antonio, Texas Marian Karr From: Kandy Maharas <kayaaa@aol.com> Sent: Thursday, January 28, 20161:18 PM To: Council Subject: Getting rid of diagonal parking on Washington St. Attachments: www.facebook.com_.webloc I applaud Iowa City for doing maintenance, repair and remodeling on streets. I object whole heartedly when I read recently about removal of the diagonal parking on Washington St. and the possibility of widening the sidewalks. Altho I am a transplanted Iowa Citian all the old arguments came to mind when I read this. I love the Facebook page "You Know You Grew up in Iowa City...." Many people post old pictures of Iowa City and recently I have been reminded of the diagonal parking in a picture from the 40's. Also I have seen pictures of downtown Urban Renewal way back when. I am really concerned you want to make this area and most of Iowa City into a Pedestrian Mall. Many of my relatives are dead and gone but I remember how they avoided Downtown because of the changes. I really am wondering if you don't want any citizens to visit Downtown anymore! It seems this area is becoming more of a hangout for students wandering the streets looking for a beer. I remember Bremers, Lubins, Ford Hopkins, Whetstones,Herteen and Stockers, Hands,Domby's, Lenoch and Cilek, Barbara's Bake shop, etc. I still like to visit Downtown when I come from Colorado. Providing incentives for small shop owners is surely what is needed. (Pearl Street Mall In Boulder is one street and continues to drawer shoppers from Denver to see the unique shops -many Mom and Pop stores. Altho close to the C.U. Campus it has not been taken over by students.) I hope you reconsider these particular changes. Kandy Maharas Lakewood, P.S. That many storied Sheraton Hotel should never have been built in Downtownl Prepared by Eleanor Dilkes, Assistant City Attorney, 410 E. Washington, Iowa City, IA 52240, (319) 356-5030 RESOLUTION NO. 16-38 RESOLUTION AUTHORIZING SETTLEMENT OF PENDING LITIGATION. WHEREAS, Trinity Episcopal Church (hereinafter "Trinity") filed a lawsuit in Johnson County District Court (No. CVCV077386) against the City of Iowa City (hereinafter "City") challenging the City's rezoning of the property at the northeast corner of Gilbert and College Streets to CB - 10, which lawsuit, after the District Court's decision in favor of the City, was appealed by Trinity to the Iowa Supreme Court (Docket 15-1946); and WHEREAS, after several mediation sessions the parties have arrived at a tentative settlement agreement subject to approval of the City Council and the Trinity Vestry; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The Settlement Agreement for the settlement of Trinity v. City of Iowa Citv, which was signed by the City Manager and discussed by the City Council in Executive Session on February 2, 2016, is in the best interests of the City of Iowa City and is hereby ratified and approved. 2. Said Settlement Agreement, once approved and signed by the Vestry of Trinity Episcopal Church, shall be filed in the office of the City Clerk and available for public inspection. Passed and approved this 2nd d:y of February, 2016. MAY TEM 9;2d y ATTEST: CIT RK City Attorney's Office ,� I -% - /�, Resolution No. 16-38 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 SETTLEMENT AGREEMENT �4,-- On this , day of February, 2016, the City of Iowa City (hereinafter "City") and Trinity Episcopal Church of Iowa City, Iowa (hereinafter "Trinity") do hereby agree as follows: 1. On or before February 9, 2016 Trinity will dismiss its appeal in Trinity Episcopal Church v. City of Iowa Qty (Supreme Court Docket No. 15-1946) with prejudice in accordance with Iowa Rule of Appellate Procedure 6.1201. City staff will use the City's voluntary Good Neighbor Policy in connection with City -initiated rezonings absent legislative action by the City Council to the contrary. 3. Parking. City will provide the following beginning upon the issuance of an occupancy permit for The Chauncey: (a) With Harrison Street Facility coming on line in 2017, City Staff will redistribute permits from Chauncey Swan as they are vacated in order to accommodate parking needs in the area. As needs change, permit allocations will continually be adjusted to accommodate those changes. (b) Permit Holders, including those that reside in The Chauncey, will be required to park on upper levels of Chauncey Swan Parking Facility. (c) Parking will be permitted on Sundays between the hours of 6:OOam and 1:OOpm on Gilbert Street between Washington Street and College Street. Signs will be placed along this area of Gilbert to designate this allowance. (d) Trinity will be permitted to hood the following six metered parking spaces located on the north side of the 300 block of College Street on Sundays from 6:OOam—1:OOpm: C312E, C314E, C316E, C318E, C320E, C322E 4. City dismisses all claims and potential claims against Trinity related to Trinity's efforts to prevent the development of The Chauncey at the corner of Gilbert and College Streets. 5. Trinity dismisses all claims and potential claims against City related to the City's approval of The Chauncey development at the corner of Gilbert and College Streets, 6. This agreement is conditioned upon the approval of the City Council of Iowa City. City of Iowa City y: Tom Markus City Manager Trinity Episcopal Church of Iowa City, Iowa