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HomeMy WebLinkAbout2016-03-01 Resolution03-01-16 4d(2) RESOLUTION NO.16- 51 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION APPROVING THE APPOINTMENT OF GEOFF FRUIN AS INTERIM CITY MANAGER FOR THE CITY OF IOWA CITY WHEREAS, City Manager Thomas Markus has accepted a position in Lawrence, Kansas, and his last day will be March 18, 2016; and WHEREAS, the City Council has determined that it would be in the best interests of the City of Iowa City, Iowa, to appoint Geoff Fruin as Interim City Manager for the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That Geoff Fruin be appointed Interim City Manager for the City of Iowa City, Iowa, effective March 19, 2016, and that his salary shall be $170,000 annually until a permanent City Manager is named. Passed and ap roved tjS�,st y of March, 2016. ! 4, �' YOx roved by ATTEST: CIT LERK City Attorney's Office It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton Marian Karr From: Steve Long <slong@hbkengineering.com> Sent: Wednesday, February 24, 2016 10:52 AM To: John Yapp; Marian Karr; Karen Howard Subject: Moss Ridge John — 4d(3) As a representative of the applicant, I am requesting that the Moss Ridge Final Plat agenda item be deferred to a future City Council meeting. I will notify City staff when the agenda item can be placed on the City Council agenda. Thank you Steve Steve Long, AICP HBK ENGINEERING, LLC 509 S Gilbert St Iowa City, IA 52240 Office: (319) 338-7557 x4433 Mobile: (319) 621-3462 Siong@hbkengineering.com www.hbkengineering.com Prepared by: Karen Howard, Associate Planner, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5251 (SUB15-00032) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF MOSS RIDGE PHASE 1, IOWA CITY, IOWA. WHEREAS, the owner, Steve, Sonya, David, and Janet Moss, filed with the City Clerk the final plat of Moss Ridge Phase 1, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: ALL THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER, A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND A PART OF THE SOUTHWEST QUARTER OF NORTHEAST QUARTER, ALL OF SECTION 35, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5TH P.M. LYING NORTH OF THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 80, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE EAST QUARTER CORNER OF SECTION 35, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5TH P.M.; THENCE S02°06'54"E ALONG THE EAST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35 TO THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 80, A DISTANCE OF 1,980.53 FEET; THENCE S81"04'07"W ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 646.23 FEET; THENCE N89°31'13"W ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 491.88 FEET; THENCE N00`00'00"E, A DISTANCE OF 509.86 FEET; THENCE N90"00'00"E, A DISTANCE OF 94.30 FEET; THENCE 00°00'00"E, A DISTANCE OF 395.48 FEET; THENCE N53°29'13"W, A DISTANCE OF 169.20 FEET; THENCE N29°3323"W, A DISTANCE OF 303.41 FEET; THENCE N13 -32'26"E, A DISTANCE OF 357.33 FEET; THENCE S89°49'43"W, A DISTANCE OF 623.79 FEET; THENCE N42°58'24"W, A DISTANCE OF 182.95 FEET; THENCE N00°03'44"E, A DISTANCE OF 642.21 FEET; THENCE S89°56'16"E, A DISTANCE OF 42.50 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT OF THE LAST DESCRIBED COURSE HAVING A RADIUS OF 1173.13 FEET AND A CHORD BEARING OF S80°27'35"E, AN ARC DISTANCE OF 321.40 FEET; THENCE S89"55'03"E, A DISTANCE OF 621.35 FEET; THENCE S03°2236"W, A DISTANCE OF 464.38 FEET; THENCE S85°35'58"E, A DISTANCE OF 181.16 FEET TO A POINT OF CURVE; THENCE NORTHERLY ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 383.00 FEET AND A CHORD BEARING OF N07057'23"E, AN ARC DISTANCE OF 44.63 FEET; THENCE N11°17'41"E, DISTANCE OF 161.18 FEET TO THE NORTH LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER; THENCE N88'59'11"E ALONG SAID NORTH LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER, A DISTANCE OF 550.47 FEET; THENCE N23°15'04"W, A DISTANCE OF 498.31 FEET; THENCE N50°35'12"E, A DISTANCE OF 279.20 FEET; THENCE N57°48'59"E, A DISTANCE OF 107.52 FEET; THENCE N64 -07'18"E TO THE EAST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 63.33 FEET; THENCE S01"57'18"E ALONG SAID EAST LINE, A DISTANCE OF 717.05 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS, 70.54 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. WHEREAS, the Neighborhood and Development Services Department 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; and Resolution No. Page 2 WHEREAS, in accordance with the conditional zoning agreement entered into pursuant to Ordinance 15-4605, and recorded at Book 5329, Page 855, the obligation to submit a comprehensive landscape plan and a master sign plan prior to final plat approval has been satisfied, and the Director of Neighborhood Development Services has approved the same. 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, easements, and Outlot F as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The maintenance of Outlot F shall be in accordance with the Subdivider's Agreement executed pursuant to this Resolution. 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 day of , 2016. MAYOR ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: Approved by Curr _"&� City Attorney's Office '2 ll� and seconded by AYES: NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton pcd/templates/Moss Ridge Phase 1 Final Plat Resolution.doc.doc the Resolution be To: City Council Item: SUB15-00032 Moss Ridge — Phase 1 GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 60 Day Limitation Period: BACKGROUND INFORMATION: STAFF REPORT Prepared by: Karen Howard, Associate Planner Date: February 16, 2016 Frantz Community Investors 3801 Beverly Road SW Cedar Rapids, IA 52404 Steve Long HBK Engineering, LLC 509 S. Gilbert Street Iowa City, IA 52240 319-338-7557 Final plat approval Development of 9 commercial lots Northwest of 1-80 / Hwy 1 interchange Approximately 70.54 acres Undeveloped / RDP and OPD -CH -1 North: farmland / ID—RP South: Interstate 80 East: Office Research / RDP West: Rural Residential / County Zoning North Corridor December 23, 2015 (Complete application received February 2, 2016) April 1, 2016 The applicant, Frantz Community Investors, has submitted a final plat for Moss Ridge Phase 1, a 9 -lot, 71.24 -acre commercial subdivision located northwest of the U.S. Highway 1 interchange with Interstate 80. The property is accessed from Moss Ridge Drive, a new street partially funded with a State RISE grant that extends west from Highway 1 along the north property line of NCS Pearson. In 2012 the subject property was conditionally rezoned to a combination of Research Development Park (RDP) and Planned Development — Highway Commercial (OPD -CH -1) in order to develop a Class A Office Research Park in proximity to the growing employment center 2 located at the U.S. Highway 1 interchange with Interstate 80. A preliminary plat consistent with the conditional zoning agreement and planned development plan was approved in 2012. The zoning boundaries and street layout of the 2012 preliminary plat were amended in 2014 to ensure that more of the woodland habitat for the endangered Indiana brown bat would be preserved in future phases of the development and to accommodate a refinement of the design of the stormwater management facilities to serve as attractive amenities for the office park. The property is subject to a conditional zoning agreement and planned development plan that ensures that the property will be developed in a cohesive manner according to a master plan for the office park. ANALYSIS: The final plat of Moss Ridge Phase 1 is in general compliance with the approved preliminary plat and subdivision regulations. Staff notes a few changes from the preliminary plat: • Outlot B on the preliminary plat that was reserved for future development, has been split into three separate outlots (B, G, and H) in order to separate the wetland and Indiana bat habitat mitigation areas into separate outlots. This will distinguish these no -build areas from the portion of Outlot B that is being reserved for future development. In addition, these outlots (G and H) can be included in Phase 1 since the mitigation work must be completed with the first phase of development according to the permit from the U.S. Army Corp of Engineers. • Similarly, a portion of Lot 1 as shown on the preliminary plat has been shifted into Outlot H, as it is part of the bat habitat mitigation area. It will be easier to manage this sensitive area if it is within one outlot that is covered by a conservation easement rather than including a portion of it on a private lot. The acreage and boundaries of Lot 1 have been modified to accommodate this change. Staff finds that these changes from the preliminary plat do not constitute substantive changes that would warrant submittal of a revised preliminary plat because the intended use of these areas have not changed and thus they will not change the character of the subdivision. Legal papers and construction drawings are currently being reviewed by staff. It is anticipated that these documents will be approved prior to the February 16 Council Meeting. The plat for Phase 1 consists of 5 lots zoned Research Development Park and 4 lots zoned Planned Development — Highway Commercial. Development is subject to a conditional zoning agreement that establishes standards for landscaping, community amenities, signage, and the location and design of buildings that ensure that the office park and the support retail area are developed to the quality expected for a Class A office park and that the requested zoning and the various requested modifications to the zoning are consistent with the Comprehensive Plan goals of environmental stewardship and expansion of quality job opportunities within the community. According to this agreement, a comprehensive landscape plan and master sign plan have been approved administratively. These plans address landscaping and design of the stormwater facilities, illustrate shared public amenities, including an off-street trail system, entranceway signage, landscaping along the street and in the center of the roundabouts, and establish an overall sense of the intended character of the office park. The proposed final plat is consistent with the conditional zoning agreement and with the submitted master landscaping plan. Sensitive Areas: The sensitive areas for Phase 1 of the office park were delineated and a plan developed and approved when the property was rezoned in 2012. Subsequent to the 2012 rezoning and preliminary plat approval, the City acquired the land necessary to build Moss Ridge Drive from Highway 1 to the east boundary of the Moss property. In order to build this road and grade the PCD1Staff Reportstsubl5-00032- moss final plat. docx 3 property within Phase 1, a small area of wetlands was disturbed and trees cleared. These sensitive areas were delineated and a permit approved by the U.S. Army Corps of Engineers and U.S. Fish and Wildlife Service to mitigate for the loss of the wetlands and woodlands(on both the Moss property and within the new road ROW), which were determined to be habitat for the endangered Indiana brown bat. These mitigation areas were illustrated on the revised preliminary plat approved in 2014. The mitigation work must be completed according to the plan approved by the U.S. Army Corps of Engineers and the U.S. Fish and Wildlife Service as part of the public improvements with the final plat for Phase 1 of Moss Ridge. In addition, these areas (identified on the final plat as Outlots G and H) must be maintained and protected from development activity in perpetuity through use of conservation easements. These requirements should be addressed in the legal papers. Stormwater Management: Stormwater for Phase 1 will be managed through use of two large stormwater detention basins located within Outlots C and D. These will be designed and landscaped as amenity areas for the office park. Outlot D will be a wet bottom facility and Outlot C will be a dry bottom basin. A system of 8 -foot wide public pedestrian/bike trails will extend around these basins and across Lot 9. Easement agreements and long term maintenance of these facilities should be addressed in the legal papers. A temporary stormwater detention facility will be established in the southwest corner of the development just off-site and west of Lot 7. This dry bottom basin will provide for stormwater management for the portion of Phase 1 that drains southwest until such time as the adjacent property to the west is platted for development. It is anticipated that a permanent stormwater facility will be established when additional land is platted for development within the area shown on the preliminary plat as Outlot B, located west of Phase 1. A portion of Lot 1 drains to the southeast corner of that lot, so a separate stormwater facility will be established to serve Lot 1. The legal papers should address these outlots and easements and long term maintenance responsibilities for the stormwater facilities. Infrastructure Fees: Infrastructure fees include $435 per acre for water main extension fees. An escrow amount of $20,000 is required for stormwater detention facilities ($5,000 per detention facility x 4 =$20,000). Payment of these fees should be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends approval of SUB15-00032, the final plat of Moss Ridge Phase 1, a 9 -lot, 70.54 acre commercial subdivision located northwest of the U.S. Highway 1 interchange with Interstate 80, subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. ATTACHMENTS: 1. Location Map 2. Final plat Approved by: _--7w,-4 / 77' --- John Yapp, Development Services7 Coordinator, Department of Neighborhood and Development Services PCD\Staff Reportslsubl5-00032- moss final plat. docx J4 4,244 i :. , li N 0. L r ' N d i M QJ r O ILI O b Y O i U Ln 3 � � o f _T yJ C U J4 4,244 i :. , li 0. L r ' 1, i i ` � t r ILI i b i f 0. j. r ' „� ✓`7 i r ILI i b j. r ' „� ✓`7 i r `{� eg€ -e A> MIN y e m e � �3?Qs 6R���$e �� C� �a�o� � � �/•� mill "I I I � s„ = a�,•w�xx � His ��� -�� yap►---�� � O 4,�§�uzRaa Q a pd£5o E°p hr� ys� k e"e� 3 SRR'£��6w�� `{� eg€ -e A> MIN y e m e a�^��•Sq���xpF �` � ;�3 � � mill "I I I � s„ = a�,•w�xx � O q � r K e , a x , n � I E eee - z = s Yfl� I - I I , i t t Ia;II till ' t tllli� llil a M 9 2� � mill "I I I � s„ = a�,•w�xx � O ara:�� a M 9 2� � "I I I � s„ = a�,•w�xx � O M 9 2� O ara:�� Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 RESOLUTION NO. 16-52 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2016 WASHINGTON STREESCAPE PROJECT. WHEREAS, Portzen Construction Inc. of Dubuque, Iowa has submitted the lowest responsible bid of $4,345,358.85 for construction of the above-named project; and WHEREAS, the bid includes the base bid and Alternates #2 and 3; and WHEREAS, funds for this project are available in the Washington Street Reconstruction account # S3938. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project for the base bid plus Alternates #2 and 3 is hereby awarded to Portzen Construction, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign the contract for construction of the above-named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 1st day of March -120 16 G M OR 4- Wo 05 AM, � e e - It was moved by Mims adopted, and upon roll call there were: Approved by A Ait �, City Attorney's Office 0(20/1tp and seconded by sotchway the Resolution be AYES: NAYS: X X X X X X X pweng\masters\awrdcon. doc 2116 ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THEI MAYOR TO SIGN M(l) THE CITY CLERK TO ATTEST A CON,TRACT FOR CONSTRU TION OF THE 2016 WASHINGTON STREESCAPE OJECT. WHEREAS, responsible bid of $ WHEREAS, the bid includes WHEREAS, funds for this p # S3938. of for construction of the above-na base bid and Alternates # %are available in the Wash NOW, THEREFORE, BE IT RESOLNXT BY THE Cl CITY, IOWA, THAT: / 1. The contract for the construction Alternates # 2 3. adequate performance and payment program statements. 4d(4) ha,9 submitted the lowest I roject; and and Street Reconstruction account COUNCIL OF THE CITY OF IOWA the/above.-named project for the base bid plus I s hereby awarded to subject to the condition that awardee secure nd, 'nsurance certificates, and contract compliance The Mayor is hereby authVbnd, o sign the co act for construction of the above-named project and the Contractor, subject to the ondition that awardee secure adequate performance and paymentinsurance certificAles, and contract compliance program statements. The City Engineer is in the construction o' Passed and approved ATTEST: It was adooto CLERK iorized to execute change orders as they may become necessary above-named project. day of , 20 MAYOR Approved by (oved by and upon roll call there were AYES: City Attorney's Office and seconded by the Resolution be NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton NOTICE TO BIDDERS 2016 WASHINGTON STREET STREETSCAPE PROJECT, CLINTON STREET TO LINN STREET Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 24th day of February, 2016. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 1st day of March, 2016, or at special meeting called for that purpose. The Project will involve the following: Site Work: Preparation, paving of roadway and sidewalk, curbs, site improvements, planting, site utilities in Washington Street from Clinton Street to Linn Street. All work is to be done in strict compliance with the plans and specifications prepared by Genus Landscape Architects, of Des Moines, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the success- ful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until AF -1 rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. A non -mandatory Pre -Bid Meeting will be held on February 4, 2016 at 1:30PM at the Emma J. Harvat Hall (Iowa City City Hall, 410 E. Washington Street, Iowa City, Iowa, 52240). Prospective bidders in attendance will be guided through the vault interiors from approximately 2:30PM to 5:OOPM. The following limitations shall apply to this Project: Phase l: Early Start Date: April 11, 2016 Substantial Completion Date: July 23, 2016 Incentive/Disincentive: $1,000 per day Maximum Incentive: $10,000 Phase 2: Substantial Completion Date: Sept. 30, 2016 Incentive/Disincentive: $3,000 per day Maximum Incentive: $45,000 Final Completion Date: October 21, 2016 Liquidated Damages: $500 per day The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at Technigraphics, 415 Highland Ave, # 100, Iowa City, Iowa, 52240, by bona fide bidders. A $50 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technigraphics. The deposit shall be refunded upon return of the Contract Documents within fourteen days after the AF -2 award of the Project. If the Contract Documents are not returned within fourteen days after award and in a reusable condition, the deposit shall be forfeited. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -3 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 16-53 RESOLUTION ESTABLISHING A SCHEDULE OF FEES OAKLAND CEMETARY AND RESCINDING RESOLUTION NO. 11-19. WHEREAS, Resolution No. 11-19 established a fee schedule for the fees and charges for Oakland Cemetery, including the "Cherish Infant" columbarium niches; WHEREAS, current Cherish Infant" columbarium niches range from $1,00041,600 and sales have been limited to infants and mothers who passed during childbirth; WHEREAS, since the "Cherish Infant" columbarium was constructed in 2010, there have been no inquiries or sales of niches in this columbarium; and WHEREAS, staff recommends, and Parks and Recreation Commission concurs, opening access to the columbarium beyond only infants and mothers and to set the fees for Large Niche for Dual Internments at $1,400 each and Small Niche for Single Internments $800 each; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The attached "Fees and Charges Oakland Cemetery (Rev. 3-16)" is adopted. 2. Resolution No. 11-19 is rescinded. Passed and approved this 1st day of March _,2016. L/MAYOR ATTEST:f����'� �G T�LERK Approved by 3 ,4 q fE City Attorney's Office Resolution No. 16-53 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas X Throgmorton Rev. 3/16 PROPOSED RATES AND CHARGES OAKLAND CEMETERY * Actual cost when overtime is incurred. ** Can accommodate up to four cremation interments. INTERMENTS (City residents) TYPE PARTIAL WEEKDAY WEEKEND/ HOLIDAY (partial = open grave weekday/close weekend or open weekend, close weekda FULL WEEKEND/ HOLIDAY (fall=open & close grave on weekend) Infant $125.00 $175.00 $225.00 Youth $400.00 $550.00 $750.00 Adult $700.00 $900.00 $1100.00 Cremation $300.00 $400.00 $500.00 Columbarium Niches $300.00 $400.00 $500.00 Non -Resident + 50% +50% +50% Disinterment Double the appropriate resident/non-resident weekday charge (minimum). EQUIPMENT AND ADDITIONAL SERVICES Tent (optional) $90.00 $180.00 $180.00 Lowering Device (optional) $150.00 $250.00 $250.00 Extra Maintenance - Adult, No Vault $250.00 N/A N/A Finder's Fee NC* $75.00 $75.00 Weekday Overtime Actual Cost N/A N/A LOT SALES TYPE MONUMENT AREAS FLUSH MARKER AREAS Infant N/A $300.00 Youth/Adult $800.00** $700.00** Cremains N/A $400.00 Forestview Columbarium Niches N/A $800.00 Cherish Columbarium Niches N/A Single Niche $800.00 Double (dual) Niche $1400.00 Non-resident +50% +50% * Actual cost when overtime is incurred. ** Can accommodate up to four cremation interments. b 03-01-16 I .-4 CITY OF IOWA CITY 4d(5) �� _ _ ..m�lr. ON Mom - soft MEMORANDUM Date: February 24, 2016 To: Tom Markus, City Manager From: Juli Seydell Johnson, Parks & Recreation Director Re: Oakland Cemetery Columbarium Fee Changes Included on the March 1, 2016 Council Agenda is a resolution to change the fees for niches in what was previously known as the "Cherish Infant" Columbarium. Current niche prices range from $1,00041,600 and sales were limited to infants and mothers who passed during childbirth. The "Cherish Infant" Columbarium was constructed in 2010. It holds 64 niches for ash internment. There have been no inquiries or sales of niches in this columbarium. Staff recommends opening access to the columbarium beyond only infants and mothers. A statue depicting a mother holding an infant will be removed from the columbarium and relocated within the cemetery. A unique aspect of this columbarium is that half of the niches are large enough to accommodate dual internments (e.g. a husband and wife's remains in the same niche). The name of the columbarium is proposed to be shortened to "Cherish Columbarium". Fees proposed are the same as the Forest View Columbarium for the smaller niches and $1,400 for the larger niches which are not available in the Forest View Columbarium. Fees proposed in the resolution are as follows: • Large Niche for Dual Internments (12"x12"x16") $1,400 each. • Small Niche for Single Internments (12"x12"x12") $800 each. Total niche sales with new pricing (assuming 25% non-resident) would provide $79,200 in revenue. Oakland Cemetery averages 25 niche sales per year and there are 175 niches remaining in the Forest View Columbarium. Forest View Columbarium had been tentatively scheduled for expansion in 2020. Extending the use of the Cherish Columbarium should delay the need for construction of additional niche structures for an additional 3-4 years. Staff discussed the proposed changes with the Parks Commission at the February 10, 2016 regular meeting. The Commission was in favor of the proposed changes and fees. Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 16-54 RESOLUTION NAMING DEPOSITORIES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Maximum Balance Maximum Balance Depository in effect under in effect under Name Location of Home Office Local Location prior resolution this resolution U.S. Bank N.A. 800 Nicollet Mall 204 E Washington St 65,000,000.00 65,000,000.00 Minneapolis, MN 55402 Iowa City, IA 52240 MidWestOne Bank 102 S Clinton St Same 100,000,000.00 100,000,000.00 Iowa City, IA 52244-1700 Hills Bank & Trust Co. 131 Main St 132 E Washington St 25,000,000.00 25,000,000.00 Hills, IA 52235 Iowa City, IA 52240 Regions Bank PO Box 387 501 12th Ave, Ste 100 35,000,000.00 35,000,000.00 Memphis, TN 38147-0001 Coralville, IA 52241 West Bancorporation, Inc. 1601 22nd St., Suite 209 229 S Dubuque 35,000,000.00 35,000,000.00 West Des Moines, IA 50266 Iowa City, IA 52240 Bank of the West P.O. Box 73850 301 S. Clinton St 75,000,000.00 75,000,000.00 Cedar Rapids, IA 52407-3850 Iowa City, IA 52240 Wells Fargo Bank, N.A. 666 Walnut St 103 E College St 50,000,000.00 50,000,000.00 Des Moines, IA 50309 Iowa City, IA 52240 University of Iowa 500 Iowa Ave Same 50,000,000.00 50,000,000.00 Community Credit Union Iowa City, IA 52244-2240 CBI Bank & Trust 140 Holiday Rd Same 15,000,000.00 15,000,000.00 Coralville, IA 52241 Farmers & Merchants 1550 S Gilbert St Same 15,000,000.00 15,000,000.00 Savings Bank Iowa City, IA 52240 Liberty Bank 6400 Westown Parkway 205 E College 25,000,000.00 25,000,000.00 Des Moines, IA 50266 Iowa City, IA 52240 First American Bank 1207 Central Ave 640 Highway 1 W 35,000,000.00 35,000,000.00 Fort Dodge, IA 50501 Iowa City, IA 52246 Two Rivers Bank & Trust 222 N Main St 805 22nd Ave 10,000,000.00 10,000,000.00 Burlington, IA 52601 Coralville, IA 52241 Cedar Rapids Bank & Trust 500 1 st Ave NE, Ste 100 Same 20,000,000.00 20,000,000.00 Cedar Rapids, IA 52401 Bankers Trust 221 Third Ave SE Same 0.00 20,000,000.00 Cedar Rapids, IA 52406 Passed and approved this 1st day of March 12016 MA R ppr d b� ATTEST: CITY CLERK City Attorney's Office S:\FIN\TREAS\BRIAN\bank resolution.xls Resolution No. Page 2 16-54 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 03-01-16 CITY OF IOWA CITY ad(s) MEMORANDUM Date: February 23, 2016 To: Dennis Bockenstedt, Finance Director From: Brian Cover, Senior Accountant Re: Banking resolution Introduction: The City of Iowa City maintains a list of financial institutions authorized to be depositories of the city's funds. The list that is on file needs to be updated to reflect changes that have occurred. History/Background: Freedom Security Bank in Coralville has changed their name to CBI Bank & Trust. Bankers Trust has asked to be added to our list of depositories. Discussion of Solutions: The resolution naming depositories being presented would update the list of financial institutions that the City of Iowa City maintains. Financial Impact: No financial impact to the city. Recommendation: I recommend that CBI Bank & Trust and Bankers Trust be added to the list of depositories and Freedom Security Bank be removed from the list. M M MMS Consultants, Inc. Experts In Planning and Development Since 1975 March 1, 2016 .9 U V> City of Iowa City Ec Mayor & City Council c c 410 E. Washington Street Iowa City, IA 52240 cl Re: Churchill Meadows Part Two and Three -1?e� , dl( 1917 S. Gilbert Street Iowa City, Iowa 52240 319.351.8282 mmsconsultantsnet mmsOmmsconsultants.net Mayor and City Council: On behalf of our client, CBD LLC, we would like to request a waiver of the 60 day review period for Churchill Meadows Part Two and Three to the March 23rd Council meeting. Sincerely, v Duane Musser MMS Consultants, Inc. in a a v c c in a c Prepared by: Marti Wolf, Planning Intern, 410 E. Washington St., Iowa Cit]PLAT;F 9) 356-5240, (SUB15-00026) 03-01-16 4d(7) RESOLUTION NO. RESOLUTION APPROVING FINA CHURCHILL MEADOWS PARTS TWO AND THREE, IOWA CITY, IOWA. WHEREAS, the owner, CBD, LCC, filed with the City Clerk the final plat of Churchill Meadows Parts Two and Three, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Southeast Corner of the Northeast Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa and the Southeast Corner of the Auditor's Parcel 2005094, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 104 of the records of the Johnson County Recorder's Office; Thence N87008'03"W, along the South Line of said Auditor's Parcel 2005094, a distance of 662.17 feet, to the Southwest Corner of said Auditor's Parcel 2005094; Thence N00°58'25"W, along the West Line of said Auditor's Parcel 2005094, a distance of 776.57 feet; Thence N01°14'197W, along said West line, 362.04 feet, to its intersection with the Southerly Right -of -Way Line of Herbert Hoover Highway; Thence Northeasterly, 95.54 feet along said Southerly Right -of -Way Line on a 539.98 foot radius curve, concave Southeasterly, whose 95.42 food chord bears N61°13'02"E; Thence continuing Northeasterly 235.59 feet along said Southerly Right -of -Way Line on a 1085.92 foot radius curve, concave Southeasterly. Whose 235.12 chord bears N81010'32"E; Thence S88°01'46"E, along said Southerly Right -of - Way Line, 99.16 feet; Thence N89046'43"E, along said Southerly Right -of -Way Line, 251.32 feet, to a Point on the East Line of said Auditor's Parcel 2005094; Thence S00043'54"E, along said East line, 1251.23 feet, to the Point of Beginning. Said Tract of Lane contains 18.64 Acres, and is subject to easement and restrictions of record. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after Resolution No. Page 2 passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County; Iowa at the expense of the owner/subdivider. Passed and approved this day of ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR 20 Approved by City Attorney's Office and seconded by AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton pcd/templates/Churchil Final Plat Resolution.doc.doc the Resolution be To: City Council Item: SUB15-00026 Churchill Meadows Pt. 2 & 3 GENERAL INFORMATION: STAFF REPORT Prepared by: Marti Wolf, Planning Intern Date: February 16, 2016 Applicant: CBD, LLC 414 E. Market Street Iowa City, IA 52240 (319) 631-1867 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: Duanne Musser 1917 S. Gilbert Street Iowa City, IA 52240 (310) 351-8282 Final plat approval To allow 42 residential lots including single family lots and multifamily. 4679 Herbert Hoover Highway SE 18.64 acres Undeveloped - RS -5 and RM -12 North: Residential and agricultural — County R and A South: Residential and agricultural — County Residential R East: Undeveloped — RS -5 West: Residential and agricultural — County Residential RMF Northeast District Plan Lower West Branch Road (NE -3) January 12, 2016 March 12, 2016 The applicant, CBD, LLC, has submitted a final plat for Churchill Meadows, Parts 2 and 3, a 42 - lot, 18.64 -acre subdivision located at 4679 Herbert Hoover Highway Southeast. The preliminary plat was approved with the rezoning on October 20, 2015. 2 The plat features a mix of housing types including a 1.82 -acre multifamily lot, 31 standard to large size single family lots, 5 of which could also accommodate duplexes, and 10 smaller single family lots with alley access. ANALYSIS: The final plat of Churchill Meadows Parts 2 and 3 is in general compliance with the approved preliminary plat and subdivision regulations. Legal papers and construction drawings are currently being reviewed by staff. It is anticipated that these documents will be approved prior to the March 1 Council Meeting. Conditional Zoning Agreement: When this property was annexed and zoned RS -5 and RM -12 the Conditional Zoning Agreement required that the developer construct a sidewalk to connect to the sidewalk located at Rochester Avenue and Eastbury Drive. This requirement is addressed in the legal papers and construction drawings. Neighborhood Open Space: The Neighborhood Open Space Plan identifies the proposed subdivision as part of the Lower West Branch Neighborhood Open Space District (NE -3). The Neighborhood Open Space Ordinance requires the dedication of 23,009 square feet of property or the payment of fees in lieu of. The Parks and Recreation Department has chosen fees in lieu of land dedication. The fee will be equivalent to the value of .53 acres of property. This requirement should be addressed in the legal papers. Infrastructure Fees: Infrastructure fees include $435 per acre for water main extension fees and fees required for the improvement of Herbert Hoover Highway. Payment of these fees should be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends approval of SUB15-00031, the final plat of Churchill Meadows Parts Two and Three, a 42 -lot, 18.64 acre residential subdivision located at 4679 Herbert Hoover Highway SE, subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. ATTACHMENTS: 1. Location Map 2. 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J C a m n 0 3 3 m a c n 03-01-16 4d(9) Prepared by: Chris O'Brien, Director of Transportation Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156 RESOLUTION NO. 16-55 RESOLUTION EXTENDING THE DEADLINE FOR BURLINGTON TRAILWAYS TO EXERCISE THEIR RENEWAL OPTION ON THEIR LEASE OF COURT STREET TRANSPORTATION CENTER SPACE TO MARCH 15, 2016. WHEREAS, Burlington Trailways has been operating out of approximately 1,963 square feet of ground floor commercial space within the Court Street Transportation Center, subject to a lease with the City; and WHEREAS, Burlington Trailways' lease granted them several tenant renewal options to be exercised not less than 180 days prior to the expiration of the preceding term; and WHEREAS, Burlington Trailways failed to exercise the renewal option before the deadline, and the original term has now expired; and WHEREAS, although the City is not obligated to extend the terms of the lease, and can reclaim the space, both the City and Burlington Trailways wish to continue their relationship as landlord and tenant; and WHEREAS, the City wishes to extend the deadline by which Burlington Trailways can exercise their first renewal option to March 15, 2016, allowing them to continue their tenancy there; and WHEREAS, Burlington Trailways has negotiated with City staff for rental payments for the first three (3) year renewal option period, including increases in both years two and three; and WHEREAS, nothing in their extension will affect Burlington Trailways' deadline for exercising subsequent renewal options; and WHEREAS, approval of the renewal option deadline to March 15, 2016 is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The deadline for Burlington Trailways to exercise their first renewal option is extended to March 15, 2016. 2. The City Manager, or designee, is hereby authorized to negotiate and execute any renewal options, as provided in the original lease. Resolution No. 16-55 Page 2 Passed and approved this 1st day of ATTEST: ASLW'� i� - )u�- CITY CLERK It was moved by Mims adopted, and upon roll call there were: March -'20 16 Ap ved by City Attorney's Office and seconded by sotchway the Resolution be AYES: NAYS: ABSENT: x Botchway x Cole x Dickens _x Mims x Taylor x Thomas x Throgmorton r 1 03-01-16 CITY OF IOWA CITY 4a��ol MEMORANDUM Date: February 24, 2016 To: Tom Markus, City Manager From: Ian Korpel, Management Intern Re: Strategic Plan Priorities and Initiatives Introduction: In recent months, City Council has engaged in a strategic planning process to define the City's top priorities, address significant new projects and initiatives, and establish a broad vision to improve organizational effectiveness. The City enlisted the University of Iowa's Institute of Public Affairs (IPA) to assist in the goal setting session; the process was facilitated by Jeff Schott. IPA and Mr. Schott also facilitated the two previous strategic planning goal setting sessions in 2011 and 2013. History/Background: The strategic planning goal setting session focused on the following areas: 1. Issues, Concerns, Trends, and Opportunities 2. On-going or Committed Projects 3. Significant New Projects, Programs, Policies, and Initiatives Council further refined their top priorities and initiatives at subsequent work sessions. Specific programs, policies, and projects were identified to guide staff activities for the next two years and communicate Council's priorities to the public. The resolution on the March 1, 2016 City Council agenda formally adopting Council's strategic plan priorities reflects the language, goals, and intentions that have been developed by the City Council in the following work sessions and meetings, with the final language determined by Council at the February 16, 2016 work session. • November 30, 2015 • January 14, 2016 • January 21, 2016 • February 2, 2016 • February 16, 2016 TOP PRIORITIES: This Strategic Plan intends to foster a more Inclusive, Just and Sustainable Iowa City 1. Promote a Strong and Resilient Local Economy 2. Encourage a Vibrant and Walkable Urban Core 3. Foster Healthy Neighborhoods throughout the City 4. Maintain a Solid Financial Foundation 5. Enhance Community Engagement and Intergovernmental Relations 6. Promote Environmental Sustainability 7. Advance Social Justice and Racial Equity February 24, 2016 Page 2 City Council Identified Projects, Programs, Policies, and Initiatives: Promote a Strong and Resilient Local Economy • Identify how the City and local partners can effectively market and grow the local foods economy • Review and consider amending the City's Tax Increment Finance (TIF) policy • Promote neighborhood commercial districts and build stronger relations with business owners throughout the community • Work closely with the University of Iowa and Kirkwood Community College on future facilities and economic development opportunities, especially in the Riverfront Crossings District • Work closely with the ICCSD, Kirkwood Community College, labor organizations, Iowa Works and others to explore the feasibility of an industrial arts/crafts facility in Iowa City • Proactively seek opportunities to facilitate development of our interstate entryways in a manner consistent with this strategic plan • Develop programs aimed to enhance small business development and retention with a focus on diverse communities Encourage a Vibrant and Walkable Urban Core • Consider creating a new City Council committee with a focus on the sustainable built environment • Support historic preservation efforts • Initiate public dialogue about the meaning and importance of a walkable neighborhood and how to achieve it • Encourage diverse housing types and price points for a variety of income levels Foster Healthy Neighborhoods throughout the City • Consider amending the City's Annexation Policy to require the provision of affordable housing in residential/mixed-use areas • Evaluate the implementation of a Form Based Code in one or two parts of the community • Develop strategies to diversify the membership of neighborhood associations • Substantially improve access and use of public spaces through improvements to sidewalks, streetscapes, parks, and schools Maintain a Solid Financial Foundation • Continue to monitor the impact of the 2013 property tax reform and evaluate alternative revenue sources as determined necessary • Continue to build the City's Emergency Fund • Monitor potential changes to Moody's rating criteria and maintain the City's Aaa bond rating • Continue to reduce the City's property tax levy • Maintain healthy fund balances throughout the City's diverse operations Enhance Community Engagement and Intergovernmental Relations • Provide timely and appropriate input on the ICCSD's planned 2017 bond referendum • Televise regular City Council work sessions • Significantly improve the Council and Staff's ability to engage with diverse populations on complex or controversial topics Promote Environmental Sustainability February 24, 2016 Page 3 • Raise Iowa City's Bicycle Friendly Community status from Silver to Gold by 2017 and aspire toward a Platinum status in the future • Evaluate and consider implementation of a plastic bag policy • Undertake a project in FY 2017 that achieves a significant measurable carbon emission reduction • Set a substantive and achievable goal for reducing city-wide carbon emissions by 2030, and create an ad-hoc climate change task force, potentially under an umbrella STAR Communities committee, to devise a cost-effective strategy for achieving the goal • Collaborate with community partners on sustainability efforts Advance Social Justice and Racial Equity • Develop and implement a racial / socioeconomic equity review toolkit • Support the Housing First initiative and other local homeless efforts including the temporary winter shelter • Consider creating a City Council committee with a focus on social justice and racial equity • Evaluate initiatives to effectively engage the community's youth • Identify and Implement an achievable goal to reduce disproportionality in arrests • Create a racial equity grant program • Develop a partnership with the University of Iowa and other key stakeholders that will aid efforts to recruit and retain a greater minority workforce • Identify a substantive and achievable goal for the provision of affordable housing in Iowa City and implement strategies to achieve this goal Recommendation: A resolution formally adopting City Council's strategic plan priorities as worded at the February 16, 2016 Council work session is on the March 1, 2016 agenda for Council's consideration. Staff will continue to provide status update reports to Council for review approximately every four months, as with previous strategic plans. Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 16-56 RESOLUTION SETTING PUBLIC HEARING FOR MARCH 23, 2016, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 621 NORTH JOHNSON STREET AND RESCINDING RESOLUTION NO. 16-45. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 621 North Johnson Street, Iowa City; and WHEREAS, the City has received an offer to purchase 621 North Johnson Street for the principal sum of $164,000 (the amount the City paid to acquire the home), plus the "carrying costs", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home; and WHEREAS, Resolution No. 16-45 approved an earlier purchase agreement, but the putative buyer decided to withdraw their offer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 621 North Johnson Street, Iowa City, Iowa, also known as part of Lot 1 in Block 34, Iowa City, Iowa, for the sum of $164,000, plus the "carrying costs". 2. A public hearing on said proposal should be and is hereby set for March 23, 2016, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. 3. Resolution No. 16-45 is rescinded. B Resolution No. 16-56 Page 2 It was moved by Mims and seconded by sotchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton Passed and approved this 1st day of March '2016. M , R ATTEST: CITY CLERK Approved by a-i*-I(a City Attorney's Office Prepared by: Ian Korpel, Management Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5059 RESOLUTION NO. 16-5 RESOLUTION ESTABLISHING CITY OF IOWA CITY STRATEGIC PLANNING PRIORITIES WHEREAS, The Iowa City City Council seeks to ensure that all City services are provided in the most equitable, effective, and efficient manner possible; and WHEREAS, The Iowa City City Council strives to set policies that best reflect the preferences of Iowa City's residents, are in the City's long-term interests, and help to foster the city and local governance that our residents desire; and WHEREAS, The City Council members have undertaken a strategic planning process to identify, prioritize, and articulate this policy direction. NOW, THEREFORE, BE IT RESOLVED that the Iowa City City Council hereby outlines its top priorities and related new initiatives generated during the strategic planning process which are to be incorporated into specific action plans by the City staff. TOP PRIORITIES: This Strategic Plan intends to foster a more Inclusive, Just and Sustainable Iowa City 9. Promote a Strong and Resilient Local Economy 2. Encourage a Vibrant and Walkable Urban Core 3. Foster Healthy Neighborhoods throughout the City 4. Maintain a Solid Financial Foundation 5. Enhance Community Engagement and Intergovernmental Relations 6. Promote Environmental Sustainability 7. Advance Social Justice and Racial Equity City Council Identified Projects, Programs, Policies, and Initiatives: Promote a Strong and Resilient Local Economy • Identify how the City and local partners can effectively market and grow the local foods economy • Review and consider amending the City's Tax Increment Finance (TIF) policy • Promote neighborhood commercial districts and build stronger relations with business owners throughout the community • Work closely with the University of Iowa and Kirkwood Community College on future facilities and economic development opportunities, especially in the Riverfront Crossings District • Work closely with the ICCSD, Kirkwood Community College, labor organizations, Iowa Works and others to explore the feasibility of an industrial arts/crafts facility in Iowa City • Proactively seek opportunities to facilitate development of our interstate entryways in a manner consistent with this strategic plan • Develop programs aimed to enhance small business development and retention with a focus on diverse communities Encourage a Vibrant and Walkable Urban Core • Consider creating a new City Council committee with a focus on the sustainable built environment • Support historic preservation efforts • Initiate public dialogue about the meaning and importance of a walkable neighborhood and how to achieve it • Encourage diverse housing types and price points for a variety of income levels Foster Healthy Neighborhoods throughout the City • Consider amending the City's Annexation Policy to require the provision of affordable housing in residential/mixed-use areas • Evaluate the implementation of a Form Based Code in one or two parts of the community • Develop strategies to diversify the membership of neighborhood associations • Substantially improve access and use of public spaces through improvements to sidewalks, streetscapes, parks, and schools Maintain a Solid Financial Foundation • Continue to monitor the impact of the 2013 property tax reform and evaluate alternative revenue sources as determined necessary • Continue to build the City's Emergency Fund • Monitor potential changes to Moody's rating criteria and maintain the City's Aaa bond rating • Continue to reduce the City's property tax levy • Maintain healthy fund balances throughout the City's diverse operations Enhance Community Engagement and Intergovernmental Relations • Provide timely and appropriate input on the ICCSD's planned 2017 bond referendum • Televise regular City Council work sessions • Significantly improve the Council and Staff's ability to engage with diverse populations on complex or controversial topics Promote Environmental Sustainability • Raise Iowa City's Bicycle Friendly Community status from Silver to Gold by 2017 and aspire toward a Platinum status in the future • Evaluate and consider implementation of a plastic bag policy • Undertake a project in FY 2017 that achieves a significant measurable carbon emission reduction • Set a substantive and achievable goal for reducing city-wide carbon emissions by 2030, and create an ad-hoc climate change task force, potentially under an umbrella STAR Communities committee, to devise a cost-effective strategy for achieving the goal • Collaborate with community partners on sustainability efforts Advance Social Justice and Racial Equity • Develop and implement a racial / socioeconomic equity review toolkit • Support the Housing First initiative and other local homeless efforts including the temporary winter shelter • Consider creating a City Council committee with a focus on social justice and racial equity • Evaluate initiatives to effectively engage the community's youth • Identify and Implement an achievable goal to reduce disproportionality in arrests • Create a racial equity grant program • Develop a partnership with the University of Iowa and other key stakeholders that will aid efforts to recruit and retain a greater minority workforce • Identify a substantive and achievable goal for the provision of affordable housing in Iowa City and implement strategies to achieve this goal Identified efforts will be incorporated into specific action plans by City staff. Action plans should define specific steps needed to accomplish each goal, the party responsible for implementation, a timeline for completion, and define the criteria by which to gauge success. Status updates will be provided to Council approximately every four months. Passed and approved this 1st day of March , 2p 16 p ved b ATTEST: CITY CLERK City Attorney's Office It was moved by Botchway and seconded by Cole the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Dickens X Cole X Taylor X Mims X Thomas X Throgmorton X Bothchway 11 52-483 = CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION - FY 2016 - AMENDMENT #2 To the Auditor of JOHNSON County, Iowa'. The City Council of Iowa City in said County/Counties, met on 3!1!2016 ,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any, thereupon, the following resolution was introduced. RESOLUTION No. 16-58 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE U 2016 (AS AMENDED LAST ON 08/18/2015 .) Be it Resolved by the Council of the City of Iowa City Section 1. Following notice published 02/19/2016 and the public hearing held. 311)2016 the current budget (as previously amended) is amended as set out herein and In the detail by fund type and activity that supports this resolution which was considered at that hearing. Passed this I.t t�rt SignaNre City ClerklFinance Office, day of Mar h—,,mil Signature Mayor RECEIVED JOHNSON CO. IOWA MAR 14 2016 Fv r �J COUNTY AUDITOR Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources Taxes Levied on Propen, 1 52,033,986 0 52 033,986 Less'. Uncollected Property Taxes -Levy year 2 0 0 0 Net Current Property Taxes 3 52,033,986 0 52,033,986 Oellnauent Properly Taxes 4 0 0 0 TIF Revenues 5 1,020,126 0 1,020,126 Other City Taxes 6 2,786,289 O 2,786,289 Ltrenses&Permits 7 1,515,312 0 1,515,312 Use of Money and Properly 8 1,935,478 0 1.935,478 Intergovernmental 9 37,438,148 3,728,232 41,166,380 charges for Services 10 43,513,168 1,402.683 44.915,751 Special Assessments 11 979 0 979 Miscellaneous 12 3,079,617 1.790,023 4,869,640 Other Financing Sources 13 16,292,050 2,054-820 18,346,870 Tarafereln 14 53,081,247 -1.068,606 52,012,541 Total Revenues and Other Sources 15 212,696.400 7,907,052 220,603,452 Expenditures & Other Financing Uses Publicsatety 16 22,769,044 229 700 22,998,744 Public Works 17 7.893,812 427,127 8,320,939 Health and Social Scr,urbs 18 303,833 10,000 313,833 Culture and Reorsation 19 13,792,780 -11,763 13,781,017 Commund, and Economic Ucvclopment 20 9,186,249 3,029,434 12,214,683 General Government 21 6,823187 49,612 8,872,799 Debt service 22 13,212,238 1,997,997 15,210,235 capita: Paa ds 23 54,033,844 2,563,919 56,597,763 TatelGavermnerrl Aot'vibes Epeoduri 24 130,013,987 1 138,310,013 Business Type Enterprises 25 59,377,724 2,001,001 61,378,725 Total Gov Activities& Business Expenditures 26 189,391,711 10,297,027 199,688,738 Transfers Out 27 53,081,247 -1,068,606 52,012,641 Total Eapendrunesfraustere out 28 242,472,958 9,228,421 251,701.379 Excess Revenues & Other Sources Over lUnderl Expenditures/Transters Out Fiscal Year 29 -29,776,558 -1,321,369 -31097,927 beginning Fund Balance duly 9 301 136,906,796 22,892,910 159,799706 Ending Fund eatance dune 30 311 107130238 215715411 128701779 Passed this I.t t�rt SignaNre City ClerklFinance Office, day of Mar h—,,mil Signature Mayor RECEIVED JOHNSON CO. IOWA MAR 14 2016 Fv r �J COUNTY AUDITOR Resolution No. 16-58 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 16-59 RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2017. WHEREAS, a public hearing on the proposed budget for the fiscal year ending June 30, 2017 was held on March 1, 2016, at a regularly scheduled City Council meeting and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The annual budget for the fiscal year ending June 30, 2017, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates, appropriation expenditures, and program allocations for said fiscal year should be and hereby is adopted. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. 3. Allocation or expenditure of any funds to the library for the Bookmobile is contingent on subsequent approval of the specific project by the City Council. Passed and approved this 1st day of March , 2016. M OR i. ATTEST: CI tERK It was moved by Botchway and seconded by adopted, and upon roll call there were: AYES: X X NAYS: Upred by City Attorney's Office Cole ABSENT: the Resolution be Botchway X Dickens Cole X Mims Taylor Thomas - Throgmorton wu,. rwm are Adoption of Budget and Certification of City Taxes FISCAL YEAR BEGINNING JULY 1, 2016 -ENDING JUNE 30, 2017 The City of: Iowa City County Name: JOHNSON .In"ereo1111-aam. 52-483 Resolution No.: 16-59 Date Budget Adopted: 3/112016 The eemve y'Veld carless 106110¢ cry eWnd[ on the let' '.'ad ab,',11111, aFnrovee Ho -Inas 01,mn xdnrV,,a bowel for no, ureol year .Bysu—Ined on the and the e1"erths'e'e' .w __ Attacnems Loe, Tar. DeblSmedula roan 703 IvIel 16 en y en a an ohne eebl sellae oebgavona onne eRy - MAR 14 2016 Code Dellar ser. Limit Purpose 18681 1]B) 121101 12111) IIn21 12pa1 121141 1,env) is[") es') 1211) 12(2) 1213) IIµ) v,(" heyl 12(6) up) utia) 12128) 265le (3n 4_1e' 2Lz� T January 1, 2015 Property Valuations WID Gas & Electric Wlhoul Gas & Fears L.110mal cen,l, Regular 2x 3,347,028,340 2n 3,302,041,557 DEBTSERVICE Ba 3,419,679,176 ac 3,374,692,395 67,862 Ag Land an 1,706,955 TAXES LEVIED 0.10000 Regular General levy Non -Voted Other Permissible Levies 067510 Contract for use of Bridge o=scno Opr& Malnt publicly owned Transit Aa, nee Rent, Ins. Maint of Civic Center I heO0 Opr & Maint of City awned Civic Center nos756 Planning a Sanitary Disposal Project 0.27oon Aviation Authority (under sec.330A. 15) 0 037s Levee Impr. fund in special charter city Arai Liability, property & self insurance costs hat Request vtlth Utility Replacement I 27,110,930 6 7 _ 3,179,677_ s 10 ,3 972,127 I6) Property Taxes Levled 26,746,537 6 3,136,939 0 0 0 0 0 _959 045 0 C) Rate 4a 8.10000 14 D 4s 9.95000_ 45 0 11 0 <a 9 4a o 51 9 e2 0.29044 Voted Wier Permissible Levies 1.,1, Ag Land z6 5,127 5,127 ,"riot InstrumenteNocal Music Groups 16 0 Total General Fund Tax Levies (25+26) 27 rel000 Memorial Building 31 739199 w 0 6.,,Eeo Symphony Orchestra 15 17_ _ 0 0 ey _ 0 12700 Cultural & Scientific Facilities 1e _ 0 ss 0 ,evoke County Bridge 16 0 3s 0 1.35000 Missl or Missouri River Bridge Const. _ 3,217,588 —3 e4 0 0635?, Aid to a Transit Company 26 21 — 0 0 sa _ 0 otdsfi6 Maintain institution received by gi0fdev7ae 2z 0 b _ o 1 tom City Emergency Medical District _ offs 0 3,958.124 0 0:7000 Support Public Library 23 903698 891_551 4re st 0 0.27000 151ce Unified Law Enforcement 10,382,114_ 5•. 11986, 3.14445 Sub Total Special Revenue Levies (28+32) 25 0 62 0 Total General Fund Regular Levies Nath 24) 26 32,166,432 31 734,072 Ite1 1.,1, Ag Land z6 5,127 5,127 6, 300375 Total General Fund Tax Levies (25+26) 27 _ 32171 559 31 739199 _ Special Revenue Levies 3ee.a 0.27.0 Emergency (If general fund at levy limit) -, 0 0686 1I.N. Police& Fire Retirement _ 7 _ 3,217,588 —3 e4 0 0�1u ran,nal FICA& IPERS(if general fund at levy limit) 30 _ 3203896_ ,174352 3,2496313 ams, nml ne= Other Employee Benefi(5 s 4,012,_066 3,958.124 osagla Total Employee Beneirrt Levies (39,30,31)3� _ _ 10523550 10,382,114_ 5•. 11986, 3.14445 Sub Total Special Revenue Levies (28+32) 26 10,523,550 10,962,114 Valuation ,a, Ai Req With Gas s Elee 1Mrboal Gas & Elec SSMID1 ,., 144518,169 _ 144,518,169 st 289,036 289,036 w 2.00000 SSMID2 an _ _ 7 �. - _ �0 e� 0 SSM03 r. a,- - SSMID4 SSMIDS SSMIDS w _ _ 655 9 s5 0 SSMID7 L, _ o, 110 0 -- 0 Total $sMID 35 __ 289,036 289,036 on Nm nda Total Special Revenue Levies as 10,812,586 10,671.150 364., A.,ne,: Debt Service Levy 76.10(6) 4a 13,092,122 a0 12,919,875 70 3.82846 .wm a57xo< Capital Projects (Capital Improv. Reserve) _ _ _ 41 _ e1 0 71 0 Total Property Taxes (27+39+40+41) 42 56,076,267 42 55,330,224 _ 16.58305 COUNTY AUDITOR - 1 certify the budget is in compliance with ALL the following: Budgets that DO NOT meetALL the criteria below are not statutorily compliant & must be returned to the city for correction. 11 Tea ro-0,1 rmncs V 1,1111—h, Iu,,,, Estlme,e ro,n ,. 11.., AMWN lldisned or 6^,led eappetamq aid e,ter,ed. led phyf: emdeloen -1 a ld pel hgnn9 nrfie rrpu5rs,re.]n,p,,I,ln 11... man 111, n or mmmlan 261xy 1,cr1i oulrel turn, aj Ad,plea pry,ny la— to no,dmz,a wmrm,d or psmd an—nu. 4) Icer,111 -pernlure,oo ,te,,rr,Pl or of rr porsaa ,alm n¢68,,1118 rhe -r, the nA,,l. s) nue—, cnhe smmnon reDp,msme o,d9el,a, 06,11 nurse aw,e l,Ponnw roml. �6) Ra budges I,w,aadedethe eueun Amnee-h,d the pir—,py aar,,h oyu-Trym I,,'e,6 7; rnela,p 1, 1,ot,cnaPamPo,m 7m)enoxa Simi pat—thm,Dnla, r1the a e dealremoed 11 the 11, minin,mw Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 16-60 RESOLUTION APPROVING THE THREE YEAR FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, AND THE FIVE YEAR CAPITAL IMPROVEMENT PLAN. WHEREAS, the City Council of the City of Iowa City deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year Financial Plan for operations and a five-year Capital Improvement Plan budget; and WHEREAS, the three-year Financial Plan and multi-year Capital Improvement Plan are subject to annual review and revisions; and WHEREAS, a public hearing was held on March 1, 2016, at a regularly scheduled City Council meeting and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council of the City of Iowa City does hereby adopt the three-year Financial Plan for the Fiscal Years 2016 through 2018 and the five-year Capital Improvement Plan 2016 - 2020. 2. This Resolution is an expression of the Council's legislative intent for planning future operation and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this 1st day of ATTEST: CITY CLERK finadmlreslfinp1an-2016. doc March 2016. 4MAgRZI Appro d b _&a)t Z, -ate --i( City Attorney's Office Resolution No Page Z 16-60 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: Botchway the AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor X Thomas X Throgmorton 0 9 Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 16-61 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF AGREEMENT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CURB RAMP 2016 PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the Curb Ramps -ADA account #S3822. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30p.m. on the 16th day of March, 2016. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 23rd day of March, 2016, or at a special meeting called for that purpose. Passed and approved this 1st day of March , 20 16 M R Ap roved by ATTEST:��t CITY ttERK ` City Heys Office 3 pweng\masters\res appp&s.doc 2116 Resolution No. 16-61 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Dickens the Botchway Cole Dickens Mims Taylor Thomas Throgmorton 6 10 Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 RESOLUTION NO. 16-627 RESOLUTION GRANTING A UTILITY EASEMENT ON AND OVER PORTIONS OF CITY PROPERTY NEAR PARK ROAD TO ACCOMMODATE THE CITY'S GATEWAY PROJECT. WHEREAS, MidAmerican Energy Company has requested that the City grant to it a utility easement across the property immediately North of Park Road; and WHEREAS, MidAmerican is making this request to facilitate its utility relocation in conjunction with the City's Gateway Project; and WHEREAS, the City wishes to convey an easement for use by other utilities within the same space; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached Underground Utility Easement is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest same on behalf of the City of Iowa City. 2. Upon execution of the attached Underground Utility Easement, the City Clerk shall record the easement with the Johnson County Recorder. Passed and approved this 1st day of March , 2016. M R Ap oved by ATTEST: �ZZ,, - F CITY RK City Attorney's Office It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Cole X Dickens X Mims X Taylor X Thomas X Throgmorton Prepared by and Return to: Eric Goers, Iowa City Attorney's Office, 410 E. Washington, Iowa City, IA 52240; (319) 356-5030 UNDERGROUND UTILITY EASEMENT In consideration of One and no/100 Dollar ($1.00), and other valuable consideration, Grantor, the City of Iowa City, a municipal corporation, hereby grants to MidAmerican Energy Company, Centurylink, Inc., Mediacom Iowa LLC, ImOn Communications, L.L.C., and their successors and assigns (collectively referred to as "Grantees"), a perpetual, non-exclusive easement to construct, attach, reconstruct, operate, maintain, replace or remove line(s) and underground conduits, wires and cables for the transmission and distribution of electric energy and for communication and electrical controls, and for the transportation of natural gas, including but not limited to, meters, valves, support brackets, piping, line markers and other reasonably necessary equipment incident thereto (collectively "Facilities") under, upon and on the surface of the ground, through and across certain property described below, together with the right of ingress and egress to and from the same, and all the rights and privileges incident and necessary to the enjoyment of this easement ("Easement Area"). DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA: Government Lots, Five and Six (5 & 6), in Section three (3), Township Seventy-nine (79), Range Six (6) West of the Fifth P.M. being all of said Section West and South of the Iowa River including an island at the Northeast corner of said tract. EASEMENT AREA: A 20.00 feet wide underground utility easement over, under, across and through part of the previously described property, more accurately described and depicted on the Easement Plat attached hereto and made a part hereof. Grantor, its successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of the rights hereby granted; provided that Grantor shall not erect or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Sidewalks and driveways may be constructed on the easement areas. No permanent dwellings or trees or fences shall be placed on the areas so designated for utility easement, but the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees shall repair any damage caused by Grantees within the easement areas. Dated this 1st day of March , 2016. GRANTOR CITY OF IOWA CITY, IOWA Ey: James A. gmorton, Mayor ATTEST: By: 1—��?� Manan Karr, City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) Approved by City Attorney's Office On this S' day of Ct t'CIA— , 2016, before me a Notary Public in and for said State, personally appeared James A. Throgmorton and Marian 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 Municipality 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 Municipality, and that said instrument was signed and sealed on behalf of said Municipality 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 Municipality by it voluntarily executed. 14' KELLIE K. TU1'fLE .� Commission Issi E ?21819 • My Co issi Expires ow Notary Public in and for the State of Iowa WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319--235--6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX)) 319-235-0028 EASEMENT PLAT UTILITY EASEMENT PART OF SW 1/4, SECTION 03-T79N-R6W CITY OF IOWA CITY, JOHNSON COUNTY, IOWA PROPRIETOR: CITY OF IOWA CITY Property Legal Description Book 94, Pogo 4$7 Government tots, Five and Six (5 & 6), In Section three (3), Township Seventy—nine (79), Range Six (6) West of the Fifth P.M. being allof said section went and south of the Iowa River Including an island at the northeast comer of sold above described tmcL Legal Description Utility Easement An utility Easement over. under and across that part of the Southwest Quarter (SW 1/4) of Section Three (03), Township Seventy --nine North (T79N), Range Six West (RDOW) of the Fifth Principal Morklion. Iowa City, Johnson County, Iowa. Said UUlity easement Is Twenty (20.00) feet wide lying Ten (10.00) feet on each side of the following deKrbW centertilm Commencing at the found 5/8" rebor that is on the West Ins of Lot Fourteem (14). Bella Vista Place as recorded in Plat Book Two (02), Pogo Two (02) In the Johnson County Recorder's Office, which is due West of the Northwest comer of Lot Seven (07), sold Belo Mato Place; thence SO3'54'31'W Thirty and Seven Hundredths (30.07) feet along sold West Zine, thence N90'00'00'W Ninety—five and Forty Seven Hundredths (95.47) feet to the East side of the lows Rina. thence continue N90'OO'00'W Three Hundred Forty—four and Sevanty—nine Hundredths (344.79) feet to the West side of the Iowa River and to the point of bagtnnkig; thence continue NWOD'OD"W Four Hundred Thirteen and Thirty—nine Hundredths (413.39) feet; thence S03'5WD4'W Two Hundred Fifty—four (254) feet to the North Right—of—way line of East Park Rood and to the point of terminotion containing 0.31 acme. The sidabes of said easement shall be lengthened and/or shortened to terminate at North Right--of—way line, aforesaid Wast side, and as needed to provide a continuous strip. SHEET 1 OF 2 n r 23 Fn z 0 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: P.O. BOX 898 WATERLOO, IOWA 50704-0896 t*'� ^Ah:, 0 100 �%m 1 INCH = 100 FEET EASEMENT PLAT UTILITY EASEMENT PART OF SW 1/4, SECTION 03--T79N—RSW CITY OF IOWA CITY, JOHNSON COUNTY, IOWA PROPRIETOR: CITY OF IOWA CITY 319-235-6294 319-235-0028 SHEET 2 OF 2 SURVEY LEGEND: DENOTES FOUND 5/8' REBAR (UNLESS NOTED OTHERWISE) ® DENOTES FOUND 'X" CUT IN CONCRETE 000.00 DENOTES RECORD DIMENSION (000.00) DENOTES FIELD DIMENSION DENOTES EASEMENT CMTERU14E V (amaoo'ao (9&471 (N9Q04'00'1M-344.79') !� Q 3 b 4 ti Lu in w cr p En z 0 i-� U a- Prepared by. Eric Goers, AssL City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 RESOLUTION GRANTING A UTILITY EASEMENT ON AND OVER PORTIONS OF CITY PROPERTY NEAR PARK ROAD TO ACCOMMODATE THE CITY'S GATEWAY PROJECT. WHEREAS, MidAmerican Energy Company has requested that the City grant to it a utility easement across the property immediately North)of Park Road; and WHEREAS, MidAmedcan is making this request to fad'hate its utility relocation in conjunction with the City's Gateway Project; and J WHEREAS, the City wishes to convey an easeme for use by other utilities e within the sams ce; and NOW, THEREFO , BE IT RESOLVED BY TH CITY COUNCIL OF THE CITY OF IOWA CITY, I A, THAT: 1. The attached Underg and Utility Eas Mayor is hereby authori d to execute behalf of the City of Iowa 2. Upon execution of the Clerk shall record the ei Passed and approved this is hereby approved, and the ? City Clerk to attest same on ground Utility Easement, the City Johnson County Recorder. City and seconded by Ali call there were: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 2016. I-tL � G —1 � I Office ! () the T � i r"r , ! () and Retuml :Eric Goers, Iowa City Attomey's Office, 410 E. UNDERGROUNDT City, 1A 52240,(319) 3_5&5030 EASEMENT In consideratio of One and no/100 Dollar$1.00), and other valuable consideration, Grantor, the City of Iow City, a municipal corpora on, hereby grants to MidAmerican Energy Company, Centurylink, In Mediacom Iowa L , ImOn Communications, L.L.C., and their successors and assigns (co 'vely referred to as "Grantees") a perpetual non-exclusive easement to construct, attach, const underground conduits, wires and le. and for communication and elec 'ca: including but not limited to, meters, reasonably necessary equipment incide. the surface of the ground, through and a right of ingress and egress to and from necessary to the enjoyment of this easen 7 7 ict, op , maintain, replace or remove line(s) and for the 'scion and distribution of electric energy con s, and for the transportation of natural gas, Ives, upport brackets, piping, line markers and other th to (collectively "Facilities") under, upon and on certain property described below, together with the e, and all the rights and privileges incident and t {` sement Area"). DESCRIPTION OF PROPERTY CO AINING\9 and Six (5 & 6), in Section three {3 Township S Fifth P.M. being all of said Section est and South Northeast corner of said tract. EASEMENT AREA: A 20.00 feet wide underground through part of the previously dAscribed property, more Easement Plat attached heretoAnd made a part hereof. ENT AREA: Government Lots, Five fine (79), Rang Six (6) West of the Iowa River incuding an island at the easement over, under, across and tely described and depicted on the Grantor, its success s in interest and assigns, reserve the t to use said easement areas for purposes which will of interfere with the Grantees' full enj ent of the rights hereby granted; provided that for shall not erect or construct any resew ' or other obstruction on said areas, or dimini or substantially add to the ground cover o said easement areas. Sidewalks and driv ays maybe constructed on the easement areas. No ent dwellings or trees or fences s be placed on the areas so designated for utility easem t, but the same may be used for gard , shrubs, minor landscaping and other purposes that d not then or later interfere with aforesaid uses or the rights herein granted. Grantees shall r air any damage caused by Gr ees within the easement areas. this day of , 2016. r, y..v In consideratio of One and no/100 Dollar$1.00), and other valuable consideration, Grantor, the City of Iow City, a municipal corpora on, hereby grants to MidAmerican Energy Company, Centurylink, In Mediacom Iowa L , ImOn Communications, L.L.C., and their successors and assigns (co 'vely referred to as "Grantees") a perpetual non-exclusive easement to construct, attach, const underground conduits, wires and le. and for communication and elec 'ca: including but not limited to, meters, reasonably necessary equipment incide. the surface of the ground, through and a right of ingress and egress to and from necessary to the enjoyment of this easen 7 7 ict, op , maintain, replace or remove line(s) and for the 'scion and distribution of electric energy con s, and for the transportation of natural gas, Ives, upport brackets, piping, line markers and other th to (collectively "Facilities") under, upon and on certain property described below, together with the e, and all the rights and privileges incident and t {` sement Area"). DESCRIPTION OF PROPERTY CO AINING\9 and Six (5 & 6), in Section three {3 Township S Fifth P.M. being all of said Section est and South Northeast corner of said tract. EASEMENT AREA: A 20.00 feet wide underground through part of the previously dAscribed property, more Easement Plat attached heretoAnd made a part hereof. ENT AREA: Government Lots, Five fine (79), Rang Six (6) West of the Iowa River incuding an island at the easement over, under, across and tely described and depicted on the Grantor, its success s in interest and assigns, reserve the t to use said easement areas for purposes which will of interfere with the Grantees' full enj ent of the rights hereby granted; provided that for shall not erect or construct any resew ' or other obstruction on said areas, or dimini or substantially add to the ground cover o said easement areas. Sidewalks and driv ays maybe constructed on the easement areas. No ent dwellings or trees or fences s be placed on the areas so designated for utility easem t, but the same may be used for gard , shrubs, minor landscaping and other purposes that d not then or later interfere with aforesaid uses or the rights herein granted. Grantees shall r air any damage caused by Gr ees within the easement areas. this day of , 2016. GRANTOR CITY OF IOWA CITY, IOWA By: James A. Throgmorton, Mayor ATTEST: Lo Marian Karr, City Clerk STATE OF IOWA SS: COUNTY OF JOHNSON Approved by City Attorney' Office On this day of for said State, personally appeared James A. known, who being duly sworn, did say that tl the City of Iowa City, Iowa, a Municipali c Iowa, and that the seal affixed to the fore on 2016, before me a Notary Public in and ro orton and Marian Karr, to me personally are a Mayor and City Clerk, respectively, of ted an existing under the laws of the State of estrum is the seal of said Municipality, and that said instrument was signed and ed on behalf o aid Municipality by authority and resolution of its City Council, and sai Mayor and City Cl acknowledged said instrument to be the free act and deed of said M vality by it voluntarily a muted_ Notary Public in aii for the State of Iowa N3 ^ i 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 ZApprorddATTEST: CITY CLERK City Attorney's Office Resolution No. Page It was moved by and seconded by 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 r CITY OF IOWA CITY � 2 MEMORANDUM Date: February 24, 2016 To: Tom Markus, City Manager From: Geoff Fruin, Assistant City Manager Re: Council's Reconsideration of the Fundraising Agreement for the "The Lens" At the February 16th City Council work session, staff was directed to place the resolution authorizing the City Manager to execute a fundraising agreement with the Iowa City Downtown District (ICDD) for The Lens public art piece on the March 1St agenda. This direction comes after the same measure was defeated by way of a 3-3 vote on February 2nd This memo attempts to provide clarification on the process of the project to date and roles of the City and ICDD. It will also detail what direction is needed from the City Council on the larger North Pedestrian Mall Improvement Project. Finally, it will provide responses to specific questions submitted by Councilmember Cole. Process and Roles The staff presentation on February 2nd provided background on the roots of the project, which date back to the streetscape master planning effort that took place in 2013. That effort included attempts by the City to engage a cross-section of stakeholders including, but not limited to, the ICDD, University of Iowa, University of Iowa Student Government, Summer of the Arts, cycling groups, and others including the general public. The identification of the iconic public art resulted from that cumulative engagement process. From that point forward the City dictated the process in which the artist for the project would be selected. As with other public art projects staff consulted the City Council appointed Public Art Advisory Committee (PAAC) and developed a process whereby an artist selection committee was formed to broaden stakeholder involvement in the process. The extended stakeholder involvement included PAAC members and representatives from the City Council, ICDD, the local art community and the University of Iowa Museum of Art. After selecting an artist the choice was reviewed and unanimously approved by City's PARC. There seems to be some confusion in the community about the role that the ICDD has played and is offering to play in the future with this particular project. The ICDD did not drive the identification of the need for iconic art, the selection of the artist or the artist's concept. Rather, they have been engaged as a stakeholder in the process. If the project proceeds, the contract for purchase of the art work will be between the City and the artist and contingent on the funds being raised. The ICDD has expressed a willingness to spearhead the fundraising effort. Staff feels the ICDD is much better positioned to lead a community fundraising effort and thus made our recommendation for the funding agreement. Without the ICDD's involvement in fundraising it would be unlikely staff could carry out the campaign without a significant dedication of time and similar resources for professional assistance. Project Direction If the fundraising agreement is approved, staff will proceed with the North Pedestrian Mall Improvement Project as previously planned. If the agreement is not approved, staff needs the City Council to provide additional direction related to the items listed below: February 24, 2016 Page 2 1. If the fundraising agreement is not approved will the City Council support staff, the ICDD and/or other community members that wish to pursue fundraising for the project without a City financial contribution? Such support would signal the Council's intention to move forward with the project should the funds be raised, subject to approval of an agreement with the artist, plans and specifications, project bids and other necessary approvals that may arise, such as approval of donor recognition plans. 2. If the City Council is not supportive of The Lens concept, irrespective of the fundraising issue, staff will need direction on whether to proceed with improvements to that public space. Such improvements could include repair and maintenance of existing amenities, a different public art concept with accompanying redesign, or a complete redesign absent an iconic public art piece. This decision will also have impact on the 2019 Pedestrian Mall improvement project that is in the proposed Capital Improvement Plan. It is my opinion, that a project of this nature needs strong support from the City Council in order to be successfully realized. However, the City Council should not expect that they as individuals will all agree on a single concept or that the community will agree on a single concept for an iconic piece of public art in this setting. Rather, the support that is needed from the City Council should be based on the shared belief of the value that public art brings to a community, the confidence that they have in the process that led to the selection of the artist, and the resulting collaboration to design a public space that will serve the community well for decades to come. Without support of this nature I believe community fundraising efforts will be unnecessarily polarized and those wishing to support the project will be reluctant to do so, essentially lacking the confidence that the City will see the project through to the end. Councilmember Cole's Questions 1. 1 understand that the Downtown District will be hiring the fundraising consultant. a. Will the billing records of the consultant be public records subject to public review and oversight? The fundraising agreement would be drafted in a manner that would require the ICDD to invoice the City for fundraising related expenses. Such invoices would need to include copies of actual bills incurred. Upon receipt of such invoices and copies of bills, staff would process reimbursement up to a maximum of $50,000. These records would be subject to public review. b. Will the Downtown District utilize a similar RFP process that the city would use when hiring private contractors? The ICDD is not bound to the City Purchasing Manual and thus would not be required to follow City procurement processes. In past similar agreements with the ICDD (e.g. power washing, northside lighting) and other entities (e.g. Englert, 1105 Project, etc.) the City has not imposed procurement requirements. If Council wants to ensure City procurement standards are followed then it would be best for the City to manage the contract with the fundraising consultant. c. Will city audit and review billing records submitted the fundraising consultant? A review of actual expenses incurred would be required for reimbursement to the ICDD. Staff does not believe a traditional third party audit is necessary for this type of agreement. d. Will the City pay the consultant directly, or will it deposit $50,000 into the Downtown District's account? February 24, 2016 Page 3 Neither. The City would pay the ICDD based on actual expenses they incur. It is not contemplated that money would be provided upfront to the ICDD before expenses are incurred. e. Has the City ever paid for a private fundraising consultant before? The City employs a staff member at the Iowa City Public Library whose sole focus is fundraising for a private foundation. The City Council will presumably approve a similar arrangement for a new half-time staff member at the Senior Center. That position will raise funds for a private foundation that supports the operation. This past year, the Senior Center hired a private consultant to help develop a fundraising plan. In each of these cases a fundraising professional is utilized to support a City operation/project. The difference from the current proposal is that the fundraising would be managed by a stakeholder group and not City staff. However, both would accomplish the same end which is raising private funds for a public purpose. 2. Aside from these particular questions, describe to me the steps as to how the city would disburse funds to Downtown District and the process that they will utilize to hire the consultant. See answers above related to the selection of a consultant and disbursement of funds. 3. Finally, 1 am still unclear as to who made the written proposal for this consultant. Is there an existing memo that we could review prior to next week meeting explaining why we need the consultant? In preparing for the North Pedestrian Mall Improvement Project staff identified fundraising for The Lens as a challenge to undertake with current resources. In discussions with the ICDD they agreed to take the lead and staff proposed a not to exceed contribution of $50,000 to support this effort. If the agreement is not approved would expect similar resources will be needed for staff to lead the effort. However, considerably more staff time would likely have to be dedicated to the effort compared to if it was managed by another entity. All correspondence on the fundraising agreement has been included in the meeting packets with this associated item. Marian Karr From: Judith Pfohl <judypfohl@gmail.com> Sent: Thursday, February 18, 2016 8:13 PM To: Council Subject: disk art money You are a new council voted in to look after the needs of the citizens. Do not waste money on a huge piece of art that is not even made by an Iowan and will interfere with plaza activities. Use the $50,000 for adding bus shelters, reducing transit costs, or repairing a road. Judy Pfohl 2229 Abbey Lane Iowa City, IA 52246 Marian Karr From: Geoff Fruin Sent: Wednesday, February 17, 2016 5:09 PM To: Marian Karr Cc: Tom Markus; Simon Andrew; Marcia Bollinger Subject: FW: Bristol, England Marian — I was copied on this correspondence to the entire Council. Geoff From: Ann Christenson [mailto:annfchris@gmail.com] Sent: Wednesday, February 17, 2016 5:06 PM To: Jim Throgmorton Cc: James Throgmorton; Kingsley Botchway; Rockne Cole; Geoff Fruin Subject: Bristol, England Terry Dickens; Susan Mims; Pauline Taylor; John Thomas; Jim, first, let me congratulate you on your new mayoral position. I like what I read about your State of the City address and am expecting to see this new council achieve great things under your leadership. John and I just returned from a six-week house/cat sitting gig in Bristol, England. Bristol, pop. about 450,000, was the EU Environmental Capital City of 2015. It was exciting to see all that went into meriting this title. One thing that I want to seriously propose to you and your colleagues is consideration of an "Energy Tree" (pictured below) as an alternative to "The Lens." Bristol's energy tree is located on its Millennium Square, which is a larger version of our Ped Mall. The "leaves" of the energy tree are small solar panels. They power eight charging outlets that spread like roots from the base. It stands in a raised garden that is filled with vegetables and greenery in the summer. Could such an "art" piece appeal to more of us in IC than "The Lens" seems to? We could probably even make it a little more visually appealing than Bristol's. It wouldn't surprise me if businesses and organizations could be persuaded to sponsor energy trees. I'd like to also call your attention to http:Hecowatch.com/2015/01/06/wind-turbine-trees/, an article on similar "trees" that are wind powered. Interspersing "energy trees," both solar and wind, through the Ped Mall and maybe lining streets with them would visibly demonstrate the City's commitment to a carbon free future. I hope you and the Council will take this proposal under serious consideration. Thank you — all of you— for your service to the City. All the best, Ann (Ann Christenson, 827 Dearborn Street, IC 52240) I. Energy Tree The Energy Tree has grown out of a shared commitment to hands-on learning, the need to reduce energy consumption and to equal access to clean energy for all. It was planted as part of Bristol's European Green Capital 2015 celebrations. The ieaws at.,w� yon. i .,A are solar pom4s built by hard by wKkAduals working wrM, Sri" Drugs Ptaled IBd'I to retaer 6om problematic drug and okohd use 81>P redaces harm and helps people orhieve their ambitions ad make a positive corltnburion to society. The 36 panels took eight months to finish, with participants gaining prodical skills and confidence throughout the series of workshops Danand ErmW Equaib 011 ran the workshops. They are a non -profs organisation dedKoled to increasing awareness of energy issues, reduang energy demand and working with others to ensure egWW of access to n.r.—v '�rr''� i JoMlibckarrom crx.yy UEE I,os T,2 nnsibic tui the w alt lcociffship of the Energy tree pmjI The Energy Trea structwe was conceived and mode in biislol by the designer and sculpnor John Poc ar whose work focuses on combining susrainabilth. englneenng and material properties. Inspired by ratuiot torms and processes At -Sri" is hosting the Energy Trec as pan of their coinmllment to sustainability The world-closs Science Centre inspires others with fun, interactive learning experiences. They have reduced their own energy use through a range of innovative measures and they work to engage and educate the public in this lmportanl area. ®Bristol • -. BRtSMl bl- A 00 Marian Karr From: DENNY DREES <ddrees9627@msn.com> Sent: Saturday, February 20, 2016 8:17 AM To: Council Subject: Art financing City council , I think many, if not most, city planners would agree that aesthetics is an important feature of a vibrant downtown. As is currently the case surrounding "The Lens", financing for art is a political issue. The state has recognized this for years. There is an 'art in state buildings' program that provides a percentage of new building funds to go to art. Could art be part of TIF financing? Could a percentage of TIF money be required to go to art, either within that project or for the city in general? TIF directly and immediately benefits builders and hopefully later benefits citizens in general. Art as part of a building project could benefit citizens immediately. Let's allow the general public to enjoy some aspects of TIF financing immediately. Respectfully, Denny Drees Marian Karr From: Nancy Bird <nancy@downtowniowacity.com> Sent: Monday, February 22, 2016 10:09 PM To: Council Cc: Geoff Fruin Subject: Support for Lens fundraising costs Attachments: 2016.02.18 Council support for Balmond.pdf Mayor Throgmorton and City Council, Please accept this letter that provides some additional clarifications to the City's Streetscape Update plan and that supports fundraising costs for the Lens. We appreciate your consideration on the manner and look to your guidance on current plans on the North Ped Mall in place at the March 1 meeting. Respectfully, Nancy Bird Executive Director Iowa City Downtown District downtowniowacity com IOWA CITY NOWNTIMll1 NSTIIICT February 22, 2016 Mayor Throgmorton and City Council Geoff Fruin City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Mayor Throgmorton and City Council, First, thank you for your time and thoughtful deliberation of Downtown streetscape improvements and to Council members that elected to put this discussion back on the agenda. We recognize the time commitment it takes to fully understand all of the moving parts and the many plans that have developed to support the Streetscape Update and the healthy growth of Iowa City. We are fortunate in this case that Mayor Throgmorton was an ardent participant and supporter in the planning effort, as well as on the selection committee that chose Cecil Balmond's dynamic public art piece to anchor the north end of the Ped Mall. The Iowa City Downtown District, as one of many stakeholders in the public planning process for the Downtown Streetscape project, would like to respectfully ask Council the following: 1. Please recognize that the Streetscape Update had city-wide participation. The TCDD is one of many stakeholders that invested time into this 18 -month long City planning process. The Streetscape Update is a City plan that commenced in 2012 to address years and millions of dollars of deferred maintenance Downtown, including poor accessibility for those with physical challenges, a broken electrical system underground, a failing / aging storm water drainage system in many areas, and poor tree health, to name just a few. Our organization, the ICDD, had just formed and was invited as one of many stakeholders to the planning process. As one might imagine, staff believed it was critical for Downtown businesses and residents to agree amongst themselves on what investments should be made. City staff set up a public engagement process similar to those they do for other planning projects in the City. ICDD members showed up to public meetings, filled in comment forms, and gave input. We united together (can you imagine if we didn't??) for the betterment of Downtown as a whole. 1 At the same time, many other stakeholder groups and the public were invited. The call for something different on the north end of the Ped Mall was in unison with the call for public art to help define the area. There was consensus and the City team responded to the feedback. The birth of the Cecil Balmond piece was driven by this public feedback. As you know, City staff did not budget financial support for public art in the draft 2014 Streetscape Update and made no commitments to fund the public art piece. However, City staff have been asked by local art advocates and possible donors to financially support part of the Lens to demonstrate the City's commitment to the plan. Interim City Manager Geoff Fruin has said that for the City to financially contribute to the art piece itself, it would need to be requested of Council. To date, a financial request has not been formally petitioned and only the seed dollars for fundraising, similar to the Senior Center model, has been requested. 2. Please support the fundraising costs to raise private donations for the Lens. The fundraising costs should be seen as part of the overall project to support plan implementation. The ICDD has agreed to help the City fundraise for this piece as a gesture. However, if Council would rather take full charge of plan implementation and fundraising, then we would support not receiving these dollars so that the City can take full control of managing the project costs, as they do with the Senior Center and other City facilities. Fundraising smartly encourages private sector investment - in this case, by a 1 to 10 ratio. Furthermore, seeding private sector giving has precedence. If using a fundraiser is a good use of tax dollars for the Senior Center and Iowa City Pubic Library, it should also be a good use of tax dollars for this revered community space. The Lens sculpture is a critical new amenity that indicates we are a place that not only values cultural engagement, but it also defies the notion that art is just for the elite — art should be shared publicly with all age groups, income levels, ethnicities, religious affiliations, and belief structures. Every resident of this community should be able to come Downtown to enjoy and ponder it. The Lens respects the history of the Black Hawk Mini Park by taking little physical space on the site so as to encourage our history of debate and protest through a "lens." Public art inspires debate and discussion, as we see today, and reminds us of our civic purpose. We are a community of writers, readers, and creatives that wish to inspire a creative culture for all neighborhoods. It should be further noted that this discussion has compelled the University of Iowa Student Government to put forward an official Resolution of support for the installation of the "Lens" and the fundraising of it. These students are our leaders of tomorrow and a forward -thinking Council would listen to and not ignore this important voting block. Students came to public meetings, showed up to voice their opinions, and are now also seeking your support for the fundraising costs. 3. Please provide your approval of the North Ped Mall plan even if the fundraising support is declined. Currently, Council's intentions aren't clear. If Council decides to vote down the fundraising costs, please provide clarification as to whether you will still approve the plan for the north Ped Mall with the Balmond piece installed when the funds are raised. The ICDD wants to be a helpful partner to the City. If the plan is supported without the fundraiser, we will assist the City strive to raise the funds without the assistance. This process will take longer without a fundraiser but 2 we are confident that the Lens has the appeal to compel donors. Donor commitments of up to $200,000 have been expressed to date, including donor interest by UI Student Government. However, these funds and others are contingent on the assurance that the City authorizes and supports installation when the funds are raised. We respectfully request direction on the approval of this plan at the March 1 City Council meeting. Your consideration of these points is much appreciated and we will respect your vote and guidance on the matter. Thank you for your time and service to the betterment of Iowa City. We look forward to working with you. /�� C62--Ze Nancy Bird Executive Director Iowa City Downtown District 3 Ritu Jain Board President Iowa City Downtown District Marian Karr From: Marc Manganello <marc.manganello@gmail.com> Sent: Monday, February 22, 2016 10:24 PM To: Council Subject: NO on the Lens! Do not approve funding for the Lens. $50,000 will not even address the cost of actually building this pointless piece of garbage. The cost will surely balloon tremendously when it comes to actually building it, and the city will be forced to contribute potentially hundreds of thousands of dollars after having already bought in. This would be a flagrant misuse of city funds. There are more meaningful ways to improve the downtown area (like cracking down on ridiculously high rents that force businesses out). - - - - MM 52246 Marian Karr From: Nick Bergus <nick@bergus.org> Sent: Tuesday, February 23, 2016 10:40 AM To: Council Subject: The Lens Dear Councilors, I appreciate your willingness to reconsider assistance kicking off the fundraising for The Lens. I encourage you all to approve the requested funding. While the bulk of the cost will fall to private donors, it's important to show that the city and the public are partners in this public art endeavor. As a 25 -year resident of Iowa City, I remember spending many hours in the area for which The Lens is proposed: as a teenager talking with friends, as a college student taking a break from my studies, as a father attending Summer of the Arts festivals with my daughter. The Lens is consistent with the history of the area and offers, like the Weatherdance fountain, another focal point and gathering place in our vibrant downtown. Like our sidewalk cafes, it creates another place for our community to gather and be strengthened. Sincerely yours, Nick Bergus 2231 California Avenue, Iowa City Marian Karr From: Mary Gantz <margantz@yahoo.com> Sent: Tuesday, February 23, 2016 6:10 PM To: Council Subject: Cecil Balmond sculpture To the members of the council, I enthusiastically endorse the current proposal to install the Cecil Balmond sculpture in the rejuvenation process of the downtown Ped Mall. Please consider voting in support of the Balmond sculpture itself before considering voting on a fundraising endeavor related to it. It would be great to know the Council supports the idea of outstanding public art to match our other numerous outstanding arts endeavors in Iowa City. Thank you for your consideration. Mary Gantz 214 Woolf Avenue Iowa City. 52246 319-338-4406 Sent from my iPad Marian Karr From: Krystle Stehno <krystle.stehno@gmail.com> Sent: Tuesday, February 23, 2016 7:16 PM To: Council Subject: Lens Downtown Hello, I would like to voice my opinion against funding the "Lens" in the downtown area of Iowa City. I think that it looks tacky and doesn't represent Iowa City well. Thank you. Marian Karr From: kathyruyle@aol.com Sent: Tuesday, February 23, 2016 8:08 PM To: Council Subject: Art Work by Cecil Balmond Dear Council Members: We want to express our support for public art in Iowa City. It is very important to our community. We simply ask that the council approve or disapprove of the Cecil Balmond sculpture on the North end of Pedestrian Mall before the council votes on fundraising. Sincerely, John and Kathleen Ruyle 521 Whiting Avenue Iowa City, IA 52245 Marian Karr From: Derek Maurer <derek.e.maurer@gmail.com> Sent: Tuesday, February 23, 2016 1:36 PM To: Council Subject: Lens/Black Hawk Mini -Park FROM: Derek Maurer 1405 Oaklawn Ave. Iowa City 52245 Dear Iowa City Council members, I urge you to step back from moving on funding for the Lens artwork proposed for Black Hawk Mini -Park. At the least, this topic deserves more time for the community to absorb the long-term implications of installing such a massive piece in this space. Please, table the resolution. Then seek a broader, calmer community conversation on this. I support much public art and I support city support for public art. But we've got several things going on here beyond the question of public art in general and the Lens in particular. I am concerned about Black Hawk Mini -Park, which will essentially cease to exist if the Lens is installed there. I understand that the renderings published in the newspaper are not the definitive guide to how the space will be developed. It's clear, though, that the size of the artwork will obliterate the boundaries of the Mini -Park. Then, Black Hawk Mini -Park may exist as a spot on the map, but it will not exist as a definable space with its own history. The Mini -Park does have a history, and it is a people's history. As I'm sure you know, the building that once stood there was demolished in the early 1970s as part of Iowa City's urban renewal program. Almost immediately, people reclaimed that space and named it, outside of any official designation. The mural that you either remember or have been told about went up, and officially, the city merely tolerated this because it didn't have immediate plans for the parcel. It wasn't that long ago that people still spoke of selling it and putting it back on the tax rolls. But in the space created by that official neglect, the people of Iowa City created a park. It's been a site for protests and celebrations and performances, and a place for people to hang out. It's part of the ragged edges of what make our town its own unique self. Installing the Lens in the mini -park will permanently wipe away what is unique about that piece of ground. Imagine putting'The Brain' sculpture from the UI's T. Anne Cleary Walkway into your living room -- that's the Lens in Black Hawk Mini -Park. I took my time figuring out how I felt about this. I think I gave the Lens a fair consideration. But in the end, I believe it's wrong for this location. Black Hawk Mini -Park deserves clear boundaries. It's history and place in our community deserve to be honored. Thanks and best wishes, Derek Maurer Marian Karr From: mg9425@mchsi.com Sent: Tuesday, February 23, 2016 2:33 PM To: Council Subject: Please vote NO to funding a fundraiser for the Lens Dear Council Members, In general I like public art; however, I am writing to voice my objection to Iowa City providing tax dollars to fund a fund raiser for The Lens. This comes at a time when at least one neighborhood raised funds on its own for a public park and when Iowa City's revenues are adversely impacted because of changes in how property is taxed. I do not recall this funding proposal being part of the current budget. Nor do I recall that proposed funding for this project was prioritized against other unmet needs--e.g., funding for youth or seniors or trails or curb ramps. Further, there are many ways in which Iowa City staff could have sought greater input on this expense to ensure that there is sufficient community wide support--e.g. neighborhood council, Nextdoor Site (which city staff has encouraged the use of), twitter poll, etc. This should have been done. Please vote no. Thank you. Mary Mary Murphy 890 Park PI. Iowa City, IA 52246 319/354-2375 Marian Karr From: Carolyn Johnson <cjiowa@gmail.com> Sent: Wednesday, February 24, 2016 10:50 PM To: Council Subject: The Lens I love it and I think our downtown needs to step out of the quaint little village look. Plus I think it will take something big like the Lens to compensate for or integrate the monstrosity of Park@201. Carolyn Johnson Marian Karr From: Linda Farkas <linda.farkas@me.com> Sent: Wednesday, February 24, 2016 9:08 PM To: Council Subject: Balmond sculpture To Members of the City Council: I would like to express my support for the Cecil Balmond sculpture located in the North end of the pedestrian mall. There has been good work done to bring this artistic project to the excellent place we are currently at and it is important that we proceed with the fundraising process. Sent from my Wad Marian Karr From: Rachel Garms <rgarms@hotmail.com> Sent: Wednesday, February 24, 2016 5:51 PM To: Council Subject: The Lens Dear council members, I am writing to oppose funding for "The Lens". I believe that providing money for a fundraiser position, is a complete waste of taxpayer money. I have nothing against public art, but I believe in this instance that if enough people are for this particular piece of art, that a group should be able to come up with the money on their own, without assistance from the city. The Iowa City Downtown District, which this piece of art would benefit the most, should be responsible for raising the money. I feel any money contributed to this art project by the city could be better spent elsewhere. After all, $50,000 could hire another police officer, hire additional forestry staff (which is needed with the arrival of the emerald ash borer), help to fund the senior center, homeless shelter, etc etc... Thank you for your consideration, Rachel Garms Marian Karr From: Mary Westbrook <marywestbrook@southslope.net> Sent: Wednesday, February 24, 2016 5:48 PM To: Council Subject: With Regard to the Balmond Sculpture Dear City Council Members, I live in the county but I am an Iowa Citian in my activities and community support. I request your support of public art and specifically of the Balmond Lens project. While I agree there is need for money for many projects and activities, I think it is important that we include art in our support and spending. This project is a community project and we are fortunate to have a sculptor of Balmond's stature available to create for us. Please approve the Cecil Balmond sculpture and approve placing the Balmond sculpture on the North end of Pedestrian Mall BEFORE voting on the fundraising support. Thank you, Mary Westbrook Marian Karr From: daniellechay@earthlink.net Sent: Thursday, February 25, 2016 9:41 AM To: Council Subject: The Lens Dear Mayor and Council Members, I believe it would be inappropriate for the City Council to re -vote The Lens at the request of Council Member Dickens. Last month the Council voted 3-3 not to pursue funding for the project. The tie was due to Mr. Dickens' absence - but now he is back from his travels, and a new vote would overturn the earlier decision. Mr. Dickens' motives may be selfless. But, as noted in the Press -Citizen, he co-owns the Herteen and Stocker jewelry store, which is located just next to the site of the proposed sculpture. It would be right in the store's front yard - a gigantic 24/7 free advertisement for Dickens' business. Letters to the papers and comments in the social media show that Iowa Citians do not want this sculpture. Many have expressed their deep dislike for it. It is true that others have written to support building a downtown sculpture - but almost no one in this second group specifically supported this particular one. Since there is no enthusiasm for The Lens, it should not be built. Especially in light of this lack of public support, a new vote to accommodate Dickens would have a strong appearance of impropriety. There should be no new vote, and if there is one, Dickens should not take part. If the Council still decides to go ahead, a vote to approve fundraising should cap individual contributions, say at $2,000, so that a handful of people can't dictate the outcome. I also hope you would impose a strict time limit on the campaign. These requirements would ensure that the sculpture gets built if it people support it, and that it won't if they don't. Sincerely, Dan Lechay 528 Clark Street I r i —MM46.®4, IP MAZZi 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 Monday. Consent Calendar: ITEM 4d(4) 2016 WASHINGTON STREET STREETSCAPE PROJECT — See revised resolution and revised comment below. Revised Comment: Bids for this project were opened on Wednesday, February 24, 2016, and the following bids were received: Base Bid w/Alternates 2 & 3 Portzen Const., Inc. Dubuque, IA $ 4,305,258.85 $ 4,345,358.85 All American Concrete, Inc. West Liberty, IA $ 5,089,688.91 $ 5,124,988.91 Metro Pavers, Inc. Iowa City, IA $ 5,221,044.10 $ 5,285,044.10 Engineer's Estimate $ 5,125,000.00 Public Works and Engineering recommend awarding the contract to Portzen Construction of Dubuque, Iowa in the amount of $4,345,358.85 which includes Alternates 2 & 3. The project will be funded with General Obligation bond proceeds, Water Utility funds, and Storm Water Utility funds. Regular agenda: ITEM 8b RESOLUTION ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR ENDING JUNE 30,2017 — See additional correspondence 12 TCDD FUNDRAISING — See additional correspondence ITEM 13 TRANSPORTATION NETWORK COMPANIES (UBER) — See additional correspondence INFO PACKET OF 2/25: Memorandum from City Clerk and Equity Director: Listening Post — Old Capital Center Marian Karr From: Joseph Younker <jwyounker@gmail.com> Sent: Thursday, February 25, 2016 5:28 PM To: Council Subject: The Lens Dear Mayor Throgmorton and Council Members: I'm glad that you will be revisiting the issue of a public contribution to The Lens at your March 1 meeting. In a city of 72,000, achieving consensus around a piece of public art is difficult. Public art, however, is important. And sometimes it's expensive. In this case, a public contribution of up to $50,000 for hiring a consultant to provide guidance on how to pull together private funds to pay for The Lens makes sense. As you know, the development of the Downtown Streetscape Project — designed to bring needed infrastructure, landscaping, and other improvements to the Ped Mall — has been at least three years in the making. It's never been a secret that the signature art piece for the project would be expensive. Minutes from the June 5, 2014 Public Art Advisory Committee meeting describe the piece as "a significant project that could cost up to $1 Million." It's also never been a secret that the art would require a public-private partnership. Minutes from the Committee's April 10, 2014 meeting reflect a discussion of "utilizing a public-private partnership to help with the project." Moreover, the Committee has recognized for some time that funding sources outside of the City's General Fund are necessary. In a December 3, 2013 memo to Tom Markus, the Committee states that "to sustain an ongoing, stable source of funding for public art in our community, alternative funding sources need to be evaluated and implemented as possible." As a specific alternative, the Committee recommended partnering with various groups, including the Iowa City Downtown District. That's exactly what's being proposed in connection with The Lens. At the February 2 meeting, some Council Members appeared to believe that the request for public funds is an eleventh hour addition to the project. From early on, however, the project was intended to be a public-private partnership utilizing at least some City funds. Another example: On October 6 of last year, the Press -Citizen reported that, in connection with The Lens, the City was "in the process of hiring a fundraising consultant to organize events, such as donor dinners and art displays...." A project like this requires quality public input. In this case, the input process has spanned three years and involved at least two of the City's volunteer committees — the Public Art Advisory Committee and the Artist Review Panel. Mayor Throgmorton, thank you for participating on the Artist Review Panel. The City coordinated three public input meetings and three public open houses regarding the Ped Mall project in general. For five months in 2014, the Public Art Advisory Committee discussed a signature art piece for the Ped Mall and developed the RFQ. The Artist Review Panel reviewed the responses, narrowing the field to three finalists. Each participated in a public open house. The Panel recommended Cecil Balmond in January of 2015; Council approved the recommendation the next month. Balmond designed the piece from March to October — with significant input from the Panel. Whether or not the art suits you, this project is the product of robust public input. Also, the Ped Mall project can't be approached in a piecemeal fashion. It requires a holistic approach. Without The Lens, other improvements to the Ped Mall won't move forward. Landscaping and other upgrades were designed to complement The Lens. Without this piece of art, the current designs for the park can't progress. Mayor Throgmorton and Council Members Mims and Botchway have already demonstrated their respect for the public input and detailed planning invested so far — they voted in favor of the proposal on February 2. Thanks to each of you. Council Member Dickens, I understand that you have also indicated support for the proposal. Thank you, too. From Mayor Throgmorton's State of the City address, I understand that Council includes the following among its priorities: developing a strong and resilient local economy; building a vibrant and walkable urban core; and enhancing community engagement. This project advances each of these priorities. As you revisit the funding proposal next Tuesday, please bear this in mind. Thank you for your consideration, and thank for your service to the City. Sincerely, Joe Younker Marian Karr From: Katy Brown <brownkaty@gmail.com> Sent: Thursday, February 25, 2016 8:01 PM To: jthrogmo@yahoo.com; Council Subject: Iowa City + Lens Art Project Mr. Throgmorton & Council, I am reaching out to you tonight, on behalf of my family and extended family, to ask you to please support the Lens art project for downtown Iowa City. As a lifelong Iowa City resident, minus 6 years for college and career launch, my family has enjoyed the ambiance and culture that Iowa City offers. Our downtown area suffered during my teenage years, a noticeable hiccup in my love affair with the shops and restaurants in the area. Now as a parent and proud tax paying resident (by choice), I see the regular celebration of art downtown as major progress. Sculptures, sidewalks filled with literary verses, fountains, play structures, festivals, and programs bring families like mine downtown on a regular basis. Weekly, if not multiple times per week. We dine, we shop, we celebrate the details that take our community from ordinary to extraordinary. It is my opinion that the Lens will become an iconic part of culture. It will draw people from near and far. It will be photographed and celebrated. Please consider opinions like mine when voting on March 1 st. We trust you to keep our city moving forward. Thank you for your time. Best, Katy Brown Katy Brown 20 Heather Drive Iowa City, Iowa 52245 319-530-0618 brownkatyAmail.com Marian Karr From: Susan Dasovich <dasosue@gmail.com> Sent: Friday, February 26, 2016 12:26 PM To: Council Subject: Comment for next council agenda March 1, 2016 Dear Iowa City Council members, My name is Sue Dasovich, I live at 3334 Hanover Court, Iowa City, IA 52245. This email is regarding an agenda item for March 1, 2016. It concerns the proposal for a contribution of up to $50,000.00 toward fundraising efforts for the proposed downtown public art installment "The Lens". I would like to thank council members Rockne Cole, John Thomas and Pauline Taylor for their thoughtful consideration of this matter. Unlike a recent guest editorial in the Iowa City Press Citizen, I do not feel the above council members are short sighted. I believe they are reviewing the taxpayer resources and voting what they think is in the best interest of the city with limited resources. I am all for public art. We have a lot of it in our city. I am all for public private partnerships. From the list in the editorial, the City of Iowa City has funded many such projects. But we are not Chicago. We are not even Des Moines. In the editorial, the writer said "Maybe our new council members need to get out of Iowa City and see what other cities are doing to enhance the quality of life." The guest editor did not give any examples of cities with the population of Iowa City spending similar amounts funding one piece of art. Could any of the council members considering voting "yes" on this issue, give me precedents in other US cities with a similar population funding one piece of art? If not, is it wise to go forward with such a financial commitment to one piece of art in a city our size? A recent letter in the Iowa City Press Citizen pointed out the project chose not to showcase an artist with Iowa connections for this large investment. Another reason I believe the council should think twice before approving this funding. I would like to see new public art in Iowa City. If the majority of the city council does believe we have the resources to spend $50,000.00 on one piece of public art, what about a partnership with the Art Department at the University of Iowa? Can we table this funding on "The Lens" and see what a partnership with $50,000.00 of funding may produce for our city? I would rather see $50,000.00 of taxpayer money go directly to the University of Iowa Art Department or another Iowa artist for a piece of art, instead of being used to pay a fundraiser. If not the University of Iowa, there must be other Iowa artists capable of providing us with inspiring public art for a commission of $50,000.00. Sincerely, Sue Dasovich Marian Karr From: pathanick@gmail.com Sent: Friday, February 26, 20161:06 PM To: Council Subject: Public art To Council Members, I am writing to express my support for public art in Iowa City, and the brilliant sculpture by Cecil Balmond that has been chosen for the Black Hawk Mini Park as part of the Downtown renovation project. Mr. Balmond's vision is compelling, and the full impact of his sculpture is well beyond what a single image can represent. I am hopeful that citizens will become better informed of its intriguing design and how it actively plays with light, both day and night. It is thrilling to think of the many ways this interactive work could contribute to the vibrant cultural life of Downtown Iowa City. In addition, I urge the Council to approve or disapprove the Balmond sculpture on its own merit, BEFORE deciding support for the fundraising component of the project. I have been a fundraiser for many years and have learned the importance of defining the project first, and then identifying funding sources. Thank you for your consideration. Pat Hanick Iowa City Sent from Windows Mail f-:2, Marian Karr From: John Fingert <johnfingert@me.com> Sent: Friday, February 26, 2016 3:44 PM To: Council Subject: the lens Dear City Council members, 1 want to voice my support for the Lens Sculpture. Please reconsider moving forward with this project! Thank you, John Fingert 415 Brown Street Marian Karr From: Anita Ruppert <aruppert53@gmail.com> Sent: Saturday, February 27, 2016 7:13 AM To: Council Subject: The Lens I hope sanity rules on this proposal. I oppose it. I feel the city spends too much on "THE DOWN TOWN AREA " At the expense of the rest of our city. We have the Benches that look like a graffiti attack occured. Citizens, years ago, contributed to a fountain that has been torn down and replaced with dancing jets of water, we allow "Tree Sweaters". With the exception of the public library, most city residents that are not students or work downtown avoid the Downtown Area due to poorly designed traffic flow and the inconvenience of parking (INCLUDING PARKING RAMPS AND CONFUSING TRAFFIC PATTERNS, NOT TO MENTION STREETS BLOCKED BY DELIVERY VEHICLES). Please use our money to improve our the city streets and other necessities that really improve life in a Iowa City, for all residents of our great City. Fred Ruppert 1135 Denbigh Dr. Iowa City, IA 319-354-7778 Marian Karr From: ellen buchanan <ekristinbu@icloud.com> Sent: Saturday, February 27, 2016 8:25 AM To: Council Subject: The Lens Dear City Council, I have been an enthusiastic citizen of Iowa City since 1970. It is a community close to my heart --the Iowa City Public Library, the public schools, University programs, Hancher, Meals -on -Wheels, the Senior Center and other civic venues. Like many others, I believe in a vibrant down town and having the sculpture (the Lens) in the ped mall will add to this vibrancy. I remember when I served on the library board and many community leaders were opposed to building a library in a down town space (where it is now). But over the years the library sitting on this valuable piece of property has become, to me, the heart of the city. The free public library brings many men, women and children downtown to the library, shop in the varied and unique stores, enjoy the pedestrian mall with it's climbing structure for children, the fountain to run through in the heat of the summer, listen to music (free), view movies (free) and take part in other community events on the mall. (I imagine when Milwaukee hired the famous architect Calatrava to design the signature wings and addition to their Art Museum they understood that it would become a destination for many. ) I see our completed pedestrian mall (on a smaller scale of course) will continue to be a destination for the young and the not -so -young to enjoy this creative use of public space. Sincerely, Ellen Buchanan Sent from my Wad Marian Karr From: Buffie Tucker <tucks4u@gmail.com> Sent: Saturday, February 27, 2016 1:38 PM To: Council Subject: Support FOR "The Lens" Dear Council Members, I am contacting you to urge you to approve funding for hiring a consultant to assist with raising the money for the Cecil Balmond sculpture for the Blackhawk Mini Park. I have been a supporter of public art programs for the entire 36 years I have lived in Iowa City. I am a retired employee of the University of Iowa Museum of Art and have served on numerous fundraising committees and boards for arts organizations, the Iowa Women's Foundation, and the Iowa City Public Library, just to name a few. I know how much hard work goes in to successfull fundraising. This art commission was selected through a very open and thoughtful process. The individuals on the committees involved were all citizens of our community volunteering their time to create a new vision for the renewal of the downtown ped mall. There was nothing secretive or elitist in the process or in making the final selection of Mr. Balmond's work. I think it is beautiful and will complement all of the buildings downtown. Downtown Iowa City is the anchor for almost all of our free public arts festivals. The downtown district has worked diligently (along with past Councils) to reduce the number of bars and create a more family friendly environment. The growth and success of this district will have very positive effects on the city coffers, thus providing additional funds to support other efforts. Please give this your very serious consideration. Please continue to support the arts in Iowa City, as you work to improve and enrich the lives of all of our citizens. Sincerely, Buffie Tucker 55 Butternut Court Iowa City, IA. 42246 /Z Marian Karr From: Kay Irelan <kirelan52@gmail.com> Sent: Saturday, February 27, 2016 3:14 PM To: Council Subject: Fundraising for Balmond's "Lens" Dear Council Members, As an artist, a member of the UI Museum of Art members council, a retired City of Iowa City employee, and a supporter of public art projects in Iowa City, I'm excited about the "Lens" sculpture being proposed for Black Hawk Mini Park in downtown Iowa City. I applaud the efforts of volunteers who were involved in the selection of "Lens" and I share their desire to see the downtown pedestrian mall renewed with public art. I urge you to vote to approve this sculpture before reconsidering a proposal to contribute money towards fundraising for the project. Sincerely, Kay Irelan 1216 Wade Street Iowa City, Iowa 52240 Marian Karr From: Frank Salomon<franksalomonpersonal @gmail.com> Sent: Saturday, February 27, 2016 6:52 PM To: Council Subject: No to The Lens The Lens is not a good design and it won't make the ped mall a better place. Please stop this project. Frank Salomon 513 Brookland Park Dr IC 52w46 Marian Karr From: Karen Kubby <karen@beadologyiowa.com> Sent: Sunday, February 28, 2016 10:24 AM To: Marian Karr Subject: the Lens City Council, Although I am quite ambivalent about the content of the Lens, I am, however quite passionate about the process. If you should decide not to reconsider the vote about public funding for fundraising for this piece of public art or if you do reconsider and the majority vote no, there is another step that is vital to your process. It is only fair to say whether or not you will accept the piece of public art if the funds are raised. You cannot leave the community hanging --whether they like the piece or the process or not. You need to commit to saying "yes", if completely privately funded you will accept it, or "maybe" if there are certain strings attached and then clearly articulate the strings, or "no" under no circumstances will you accept this piece of public art. If the majority are in the latter camp of saying "no" to the Lens completely, you need to outline a process by which content of public art is reviewed. Do a majority of any current council have to like it? Then only four people control the content. Does there have to be a larger community process that went beyond the current process entailed? The bottom line for me is, do not delay the improvements to downtown because of this issue. Whatever you decide, keep this set of projects moving. We need to compact the construction seasons as much as possible for the phases of these improvements or you will see many small local businesses be severely negatively impacted. Some will survive, others won't. We need to mitigate the "won'ts" to the best of our collective ability. Karen Kubby Beadology Iowa 220 E. Washington St. Iowa City, IA 52240 www.beadoloeviowa.com (319) 338-1566 phone (319) 688-2847 fax Marian Karr From: Harry03 <Harry03@aol.com> Sent: Sunday, February 28, 2016 3:21 PM To: Council Subject: Ped mall Dear Mayor and City Council Members: I was traveling in my power wheehchair on the ped mall the other day and noticed how the bricks are coming up on the mall, some places have small hills made by the bricks. I thought that $50,000 could go a long way in repairing the mall brick surface before somebody has an accident and sues the City. Please reconsider your position on how best to use $50,000. Sincerely, Harry Olmstead 1951 Hannah Jo CT Iowa City, IA 52240 319-338-2931 Sent from my Galaxy Tab® A Marian Karr From: Kineret Zabner <kineretzabner@gmail.com> Sent: Sunday, February 28, 2016 6:23 PM To: Council Subject: Public Art Request My name is Kineret Zabner. My address, 712 McLean St Iowa City IA 52246 I would like to: 1. Voice my support of public art 2. Ask Council to approve the Cecil Balmond sculpture 3. Ask Council to vote to approve the Balmond sculpture on the North end of Pedestrian Mall Before 4. Council vote on fundraising Thank you, Kineret zabner Marian Karr From: d. harris <cwcrrr@yahoo.com> Sent: Sunday, February 28, 2016 8:16 PM To: Council Subject: Fund raising for art project Councilors, At the previous council meeting, City Council declined to spend $50,000 for fund-raising efforts to construct the public art project (the Lens). I was dismayed to see the item on the agenda again. Public art is important, but the City has more pressing needs than fund-raising for this effort. Further, I think the Council should consider that it could better acknowledge the place of public art in this community by selecting an Iowa artist for the project. Diana Harris Iowa City, Iowa i 11 Marian Karr From: Emily Schoerning <schoerning@ncse.com> Sent: Monday, February 29, 2016 9:34 AM To: Council; jthrogmo@yahoo.com Subject: The Lens is cool! Dear Mayor & City Council, I've seen a lot of fuss about "The Lens" on social media lately, and hope you will ignore the haters. That piece of artwork looks really cool, I think it would integrate beautifully into the pedmall. I love how it would contribute such different shadows to the area at different times of day, reflecting the diversity and dynamic I've of our community. Also, I hear you're discussing whether or not to allow Uber to operate in the area. I hang out with a lot of old people and those old people are always bothering me for rides because there aren't enough taxi operators in the area. We have a lot of seniors around here who can't/shouldn't be driving but need to get around, and I think Uber is another tool our community can use to increase accessibility for seniors. Please support both of these platforms at the upcoming meeting! Thanks, Emily Schoerning, Director of Research, NCSE 0" Marian Karr From: Emily McMahon <emilym@wearesculpt.com> Sent: Monday, February 29, 2016 10:51 AM To: Council; jthrogmo@yahoo.com Subject: Tomorrow's City Council Meeting Hi James and the rest of the Iowa City City Council, I'm writing to express my support of Uber in our community. It is a great service and we need reliable and diverse methods for transportation in our area. Ealalso writing to share that I am NOT in support of The Lens. I believe spending $500,000 on an art piece is oo much money. Is there not some program that deserves half of a million dollars in our community? I appreciate your attention to these matters, and taking everyone's opinion into consideration. Thank you very much! Emily McMahon / Operations Leader 0 _ — (a,wearesculpt / 319.930.8765 Sculpt wearesculpt.com / 707.728.5780 316 East Court Street, Ste. 2Iowa City, IA 52240 Marian Karr From: johnetsunami@gmail.com on behalf of John Engelbrecht <engelbrecht.art@gmail.com> Sent: Monday, February 29, 2016 2:11 PM To: Council Subject: a perspective on the Lens Attachments: A Perspective on The Lens.pdf Dear IC City Council, Please find the attached letter for inclusion with the late handouts for tomorrows meeting. Thank you, John • • • John Engelbrecht Director \\ Public Space One c: 319.331.8893 w: publicspaceone.com PSI runs because a lot of Peoplei�ve PUBLIC SPACE ONE 120 N. Dubuque St. Iowa City, IA 52245 publicspaceone.org PO S S/ B f L I T r a 501(c)3 arts organization dedicated to independent cultural production February 29th 2016 Dear Iowa City City Council, I am writing today to offer a perspective on the Lens as a single stakeholder but one who wears many hats when it comes to art in our small corner of the world, including: • being on the PAAC for the last 4 years (and chair for the last two years) • being part of the artist selection committee for this "signature art piece" • running a community arts venue for the last 6 years (with both "public" and "space" in its name) • teaching "public art" in sections of my art appreciation classes for the last 2 years • witnessing the national trend of the criminalization of homelessness taking place in downtown iowa city • witnessing the transformation (and added height to) the ped mall environs over the past decade • being a community member with many friends and colleagues on both sides of The Lens proposal I would like to start off by saying that I am neither for nor against The Lens as an object in our landscape. I am, howev- er, strongly for the process the City undertook in approaching this opportunity and I stand by my decision to be part of the unanimous vote for Balmond to be the choice for this project.* The process was transparent, rigorous, well-intentioned, and recognized by participants as being well handled by the City and a successful endeavor for the members of the city's volunteer committees. It is that process that deserves focus, attention, and ultimately City Council support are we to move our communi- ty's cultural imagination forward. The first I heard about the project is when Geoff Fruin brought the idea to a Public Art Advisory Committee (PAAC) meeting in April 2014. He came seeking input from the PAAC in how to handle the process of incorporating a large-scale public art piece in the redesign of the ped mall. At the time he pitched two routes (acknowledging there could be other paths) that could be taken in selecting an artwork/artist: 1) having the PAAC and a small, invited (and invested) committee of constituents pick an artist they would seek private funds to commission, or 2) open the process up to the community: put together the aforemen- tioned artist selection committee (which would also help decide the parameters of the RFQ-- (and it should be noted here that from very early on and from across the board from selection committee members, city staff, and the PAAC) local artists were to be given priority consideration), set a timeline to accept RFQs, and go through the process of determining a good and viable fit for the space. The group choose to go with the latter route. By Dec 2014, 26 applicants (local, national, and international) had submitted work and had been pared down to 3 finalists. The 3 finalists were all given opportunities to pitch their qualifications and ideas in a public forum where they could meet the IC public (and have the IC public meet/question them). Following the 3 presentations, an obvious choice emerged and the committee ended up selecting the one outsider (aka the one with the least ties to Iowa, of the finalists). It should be noted throughout this process the selection committee kept "local artist" as a weighty criteria and this qualification painted much of the dialogue. In the end Cecil Balmond, the last standing, non -local artist, was unanimously chosen as he was deemed to have the most potential for pulling off the nearly impossible task of raising half a million dollars for a public art piece in a process initiated by the city. The selection committee was composed of local artists (Shirley Wyrick, John Engelbrecht, Brent West- phal), (then) city council member Jim Throgmorton, UIMA Director (Sean O'Harrow), and local business owner Bill Nusser. Personally, I like the idea of a giant egg slicer (sure, it could be noted I am a fan of absurdly -scaled, commonplace objects: all hail Claes Oldenburg & Coosje van Bruggen), but I find comments regarding the aesthetics of the proposed Lens unproductive and self -cancelling (to debate the beauty of a public art piece at this point in the process is irrelevant. For those that like the design, there are equally as many that don't). Again, I defer to the process: the city formed and executed a civic and profes- sional process to determine the correct choice for this landmark piece. Again: that process was to pick an artist, give the artist time to work with the ped mall landscape design team (Genus, from Des Moines), and then unveil the piece. This piece was not picked out of a public art catalog to be plopped down at the center of our city. It was to be researched (with an eye towards the history of "the people's park" as a gathering place for people), developed (in concert with local architects and designers with the space concerns front and center), and proposed to be funded by local, private entities (interested in raising the bar when it comes to the public art on the ped mall). And it was and will be. Iowa City has received a very viable plan from an international artist who has the capacity to carry out such a plan and has designed a piece specifically for us and the site. ART PERFORMANCE PRINTMAKING ACTION POSSIBILITY PUBLIC SPACE ONE 120 N. Dubuque St. Iowa City, IA 52245 publicspaceone.org POSS/61G IT r a 501(c)3 arts organization dedicated to independent cultural production [COn't] So, how do we move forward? I believe the decision is in the answer to the following questions: was our process of arriving here valid? Was there a plan and was it known? Did we have forums for the public and stakeholders to give input (were many voices heard)? Did we consult locals, professionals and constituents? From my perspective, it seems like this criteria was met. I understand that support of this project needn't come in the form of $50,000 for fundraising consultancy, but I would like to see support for the 20 months and significant budget already spent by numerous entities (including the artist and landscape design team) carefully considered. My hope is regardless of the marketing allocation proposed, we can have support from the City Council that the work we all do as culture providers (in what is supposed to be a culturally -imaginative town) gets some tangible support. Any popular vote on a public art piece will end in default, let's trust our process and move forward. incerely, John Engelbrecht Director Public Space One and Wearer of Many Hats *Jarrett Mitchell had some valid points in a recent PC editorial, but only some of the back story. In an answer to his article, some extended thoughts on the selection process and Balmond as an applicant: The only reason Acconci was in the naming in the first place was because the artist selection committee identified him and the city asked him to apply (along with Charles Ray, who could not be convinced to apply; Breder wasn't asked but was happily made a finalist by the committee and seri- ously considered). The process that the city chose to go through for this commission (application, finalists, visits and public forum) naturally turned into a job -interview -type scenario. As part of both PAAC and the artist selection committee, I can answer why (for better or worse) Balmond was chosen (he was hands down the most complete applicant meaning the most likely to be able to complete what was from the beginning seen as a very tall order). Him being "the most complete" does underscore Jarrett's point: in addition to being an artist, he is a businessman and understands the complexity of working with various civic and business entities (I would stop short of accusing him of duping: the committee recognized him as being a more conservative choice, knowing that all public art is fraught with naysayers, and what he offered: to fundraise, give talks, leverage material supply relationships, etc could potentially make a project of this scale with almost no budget work). In this regard, my biggest criticism of the Lens is that it looks too corporate (because IT IS in a lot of ways). Our bigger problem, it seems to me, is that over the course of almost 2 years we went through a very open, community -oriented process (which stressed both the history of IC and highlighting the importance of the park as a gathering spot for people) which is now in jeopardy of being all for naught. I am not so worried about the Lens not happening (as I too harbor doubts about city funds going to pay for marketing aka fundraising) but am more concerned with the council completely disregarding a well -executed, city -manifested process (essentially not supporting their own volunteers, staffs, and contractors months of work and money in getting this where it is). ART PERFORMANCE PRINTMAKING ACTION POSSIBILITY -A,- l,�- Marian Karr From: L Schreiber <Inschreiber@gmail.com> Sent: Monday, February 29, 2016 7:43 PM To: Council Subject: Support for Public Art in Black Hawk Mini Park Councilors - Support for public art in Black Hawk Mini Park has divided citizens, and sadly may even delay improvements to the Pedestrian Mall and Black Hawk Mini Park. I support the process the Iowa City Downtown District and Iowa City employed to select an artist and their efforts to engage the public. We are fortunate to live in an area that is served by a leading research university. While attending a Senior College class covering the University of Iowa's architecture led by Senior Vice President Finance & Operations Rod Lehnertz, I learned throughout the University's history it often chooses cutting-edge architects to design buildings that provoke thought and stimulate ideas - that's what a leading university does. He told the class that some building designs provoked much discussion, but that did not deter the University from moving forward with construction. A unique art piece in Downtown Iowa City has the potential to become a convening place providing opportunities for a new generation of memories or photo settings for graduations, reunions, birthdays, engagements, weddings for residents and visitors. A $500,000 price tag is achievable - $7.15 per person with an estimated population of 70,000. Does it fit the space proportionately? Maybe. Is it too large? Possibly. Too Garish? I don't know. Too costly? Doubtfully. If you are looking for an iconic image representative of this historic city, the lens symbolically can look back at our wonderful history and into the area's future. I love the symbolism the lens offers, and applaud Press -Citizen reporter Josh O'Leary's creativity in his recent piece. If multiple, repeated statues of our beloved Herky draws attention, the iconic lens has the potential to become the centerpiece of life's most memorable moments Downtown. I support and believe others will support this public art. Thank you for the opportunity to comment - Linda Schreiber 319.936.8600 Marian Karr From: Bill Nusser <billnusser@gwestoffice.net> Sent: Monday, February 29, 2016 5:02 PM To: council@iowa-city.org. Subject: Support Balmond sculpture Attachments: Balmond support -city council letter.docx To the members of the City Council, Public art is important. And the particular piece of public art, the support for which you will be voting for the second time this upcoming Tuesday, May 1, 2016, is especially important. I have been following the City's plan for the Downtown Streetscape Project for the last three years. The project has always included an art piece that was significant enough to become a symbol for our city's support of a vital and culturally committed community. It has always been known that this piece would be expensive, just as it has been known that it would require a public-private partnership to achieve a quality result. The Streetscape Committee and the Artist Selection Committee should be commended for the amount of public input it has solicited over these last three years, as well as how much of the public comments have been used to inform both the design of the project and the wish list for the public artwork. That an artist of Cecil Balmond's stature in the art world both applied and was selected as the artist for thjs project speaks volumes for the perceived quality of our fine city as well as the diligence and vision of the selection committee. A world-class artist and world-class artwork cannot help but to attract people to our city who are creative and value cultural amenities, which necessarily drives forward a local economy. Whether you personally like the piece or not, its creator's significance in the art world cannot be denied and has been reinforced by those involved in the art world, both locally and nationally. Some members of the council appear to be unaware of not only the history of the project but the stature of the artist. The City has initiated this project more than three years ago, has diligently sought public input at every opportunity, has acknowledged the need for the public- private partnership to raise the money to acquire the sculpture. To now balk at the investment of $50,000 to enable a professional fundraising effort, and to appear as if this comes as a surprise and needs more time to be studied is baffling, especially since our mayor sat on that very selection committee and enthusiastically supported its choice by the committee. As for the sculpture's naysayers, I quote Michael Kamen from his book, Visual Shock: A History of Art Controversies, "...more often than not the initial response to such (public) works is not the enduring one. Outrage or puzzlement at the outset usually gives way to acceptance, sometimes reluctant but often even affection", referring to the negative initial response toward the now -famous Picasso sculpture in Chicago's Daly Plaza, and the similar public dissent towards the very first Art in Public Places commission of the National Endowment for the Arts, which went to Alexander Calder for a now beloved sculpture in Grand Rapids, Michigan. to vote for support of the volunteer fundraising committee who will be raising funds to improve one of the most universally utilized public spaces. I urge you to continue your commitment to this project. This would include the City Council affirming this particular choice of sculpture and sculptor - a choice that has been endorsed by many involved in the local and international art worlds, a choice that has already generated several hundred thousand dollars in private commitments all contingent upon the support of the City of Iowa City, and a choice that was unanimously approved by the Artist Selection Committee formed by the City. It is futile to support the fundraising for a sculpture of if the City Council does not approve, even though so much approval already exists. So, I urge you first to support the Balmond sculpture proposed for this space and second, to approve the $50,000 request for fundraising assistance to the volunteers who are raising money to erect a permanent and important piece of art in one of the city's most utilized and beloved public spaces. Respectfully submitted, William G. Nusser 508 River Street Iowa City, IA 52246 Marian Karr From: Erin Pottebaum <epottebaum@gmail.com> Sent: Tuesday, March 01, 2016 9:50 AM To: jthrogmo@yahoo.com; Council Subject: IC: Lens Art Project & Uber Dear Mayor & Iowa City Council, I'll keep this short & to the point as I know you have heard great points on why Iowa City needs to move forward with the Lens Art Project and bringing Uber to Iowa City. I urge you to please vote in favor of both of these matters. We need to continue to revitalize our City and move forward. Thank you. Erin Pottebaum 214-529-0062 Marian Karr From: Robert Rakel <bobrakel@gmail.com> Sent: Tuesday, March 01, 2016 1:09 PM To: Council Subject: The lens Chicago has the egg (and much more). Iowa City would benefit from a central art work such as the lens.