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HomeMy WebLinkAbout2017-07-18 ResolutionPrepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 17-225 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Regina Catholic Education Center – 2140 Rochester ave. Fieldhouse – 118 S. Dubuque St. Fraternal Order of Eagles, Iowa City – 225 Hwy 1 W. Passed and approved this 18th day of July 20 17 MAYOR ATTEST: CI CLERK Approved by City Attorney's Office It was moved by sotchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: Dickens the ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 1 07-18-17 3c(17) Prepared by: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 17-226 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CERTAIN EASEMENT AGREEMENTS AND ACCEPTING THE DEDICATION OF RIGHT-OF-WAY TO FACILITATE THE DEVELOPMENT OF HOOVER (EAST) ELEMENTARY SCHOOL IN IOWA CITY, IOWA. WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, the Iowa City Community School District [hereinafter collectively referred to as "Owner"] submitted a site plan for development of the Hoover (East) Elementary School to be located at the intersection of American Legion Road SE and Barrington Road, Iowa City, Iowa; and WHEREAS, under said plan, additional infrastructure is to be installed to service the development, and certain easement rights must be acquired to ensure the continued operation of the newly installed public infrastructure; and WHEREAS, City staff has approved the location of the newly installed public infrastructure, including sanitary sewer, storm sewer, and utilities servicing this development, as well as the associated easement agreements; and WHEREAS, this development will also necessitate improving the American Legion Road SE to city standards and extending Barrington Road southerly; and WHEREAS, Owner and Stephen P. Lacina and Julie A. Lacina, the owners of adjacent property, have agreed to dedicate land to the City for the purposes of expanding said rights-of-way; and WHEREAS, the execution of said easement agreements and acceptance of this right-of-way dedication is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City does hereby accept the dedication of a sanitary sewer, storm sewer easement; underground utility easements; and rights-of-way for American Legion Road SE and Barrington Road as described above. 2. The Mayor is hereby authorized to sign and the City Clerk to attest any necessary easement agreements to effectuate this dedication. 4. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same, along with the right-of-way dedication deeds and the above -referenced easement agreements in the Johnson County Recorder's Office at the expense of the Iowa City Community School District. Passed and approved this 18t1i day of July 2017. n MOOR ATTEST: APPROVED BY: CI ERK City Attorney's Office Resolution No. Page 'I 17-226 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 CITY OF IOWA CIT- o�-+$-+7 COUNCIL ACTION REPO 3d(1) July 18, 2017 Resolution Authorizing The Mayor to Sign and the City Clerk to Attest Certain Easement Agreements and Accepting the Dedication of Right -of - Way to Facilitate the Development of Hoover (East) Elementary School in Iowa City, Iowa Prepared By: Sara Hektoen, Assistant City Attorney Reviewed By: Eleanor Dilkes, City Attorney Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approve N/A Attachments: Resolution Executive Summary: Through the site plan review process, it was determined that the School District and the adjacent property owner needed to dedicate right-of-way and certain easements to the City to facilitate development of the new Hoover (East) Elementary School. Background / Analysis: City staff has approved the location of the newly installed public infrastructure, including sanitary sewer, storm sewer, and utilities servicing this development, as well as the associated easement agreements. i Prepared by: June Nasby, Buyer II, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5076 Resolution No. 17-227 Resolution authorizing the award of the contract for ferric chloride and sodium hypochlorite for the City's Wastewater Division Whereas, a Request for Bid (RFB) was issued to solicit the supply and delivery of chemicals to the City of Iowa City's Wastewater Treatment Plant on May 11, 2017; and Whereas, the City received five (5) bids in response to the RFB; and Whereas, the lowest ferric chloride and sodium hypochlorite bid, from Hawkins, Inc. of Roseville, MN, is recommended; and Whereas, the Hawkins, Inc. products met City needs and specifications; and Whereas, the initial term of this contract is for one year, with an option to renew for one-year periods upon the mutual consent of the City and Hawkins, Inc.; and Whereas, the annual purchase price of the two chemicals combined is approximately $160,000, which exceeds the City manager's spending authority of $150,000, thus requiring City Council approval; and Whereas, in future renewals, the City expects to spend a similar amount on this purchase; and Whereas, funds for this purchase are available in the Chlorides line item, 72720122-463120 and Chlorine line item 72720122-463050, in the operating budget for the Wastewater Division; and Whereas, approval of this procurement is in the public interest. Now, therefore, be it resolved, by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to take steps necessary to execute future renewals, with the approval of the City Attorney. Passed and approved this 18th day of July 20 17 Mak Attest: Clerk Approved by r 1/S/l7 City orney's O I Resolution No. Page 2 17-227 It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS x x x x x x x ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 'r CITY OF IOWA CIT 'r COUNCIL ACTION REPO 3d`2' July 18, 2017 Resolution authorizing the award of the contract for ferric chloride and sodium hypochlorite for the City's Wastewater Division Prepared By: Tim Wilkey, Wastewater Superintendent Reviewed By: Ron Knoche, Director of Public Works Fiscal Impact: Funds are available in the chlorides line item, 72720122-463120 and chlorine line item 72720122-463050, in the operating budget for the Wastewater Division. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: On May 11, 2017, a Request for Bid (RFB) was administered by the City's Purchasing Division for the supply and delivery of ferric chloride and sodium hypochlorite for the Wastewater Division. The City received bids from five (5) vendors in response to the RFB. The lowest ferric chloride and sodium hypochlorite bid, from Hawkins, Inc. of Roseville, MN, is recommended for award. The initial contract is for one year, with an option to renew for one-year periods upon mutual consent of the City and Hawkins, Inc. The purchase price of the two chemicals combined is approximately $160,000 per year. Background / Analysis: Ferric chloride is used at the Wastewater Treatment Plant (WWTP) in various locations and at the Hawkeye Lift Station. The WWTP uses ferric chloride to control hydrogen sulfide odor and to assist with the polymer used for dewatering biosolids. It is used at the Hawkeye Lift Station for hydrogen sulfide odor control. Sodium hypochlorite is used at the WWTP to disinfect the treated sewage effluent (EFW) that is then used for various purposes. cA (3) Prepared by Wendy Ford, Economic Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 17-228 Resolution approving Amendment #3 to an Agreement for Private Development by and between the City of Iowa City, Iowa and Riverside West, L.L.C. formerly known as EMRICO Properties II, L.L.C. WHEREAS, the City of Iowa City and Riverside West, L.L.C., f/k/a EMRICO Properties II, L.L.C., the Developer, previously executed an Agreement for Private Redevelopment dated December 2, 2014, as a part of the development and revitalization of the Riverside Drive Urban Renewal Area in the City; and WHEREAS, Developer has constructed improvements on real estate in the Riverside Drive Urban Renewal Area located at 629 S. Riverside Drive, Iowa City, Iowa; and WHEREAS, the Agreement contained a requirement for leasing a particular mix of 12 units to income -eligible tenants and required a certain number of parking spaces in excess of the code requirements; and WHEREAS, due to unexpected delays beyond the Developer's control, the building was not completed in a timely manner that allowed for the lease -up of those affordable housing apartment units in accordance with the schedule set forth in the Agreement; and WHEREAS, during the final design of the project, it was necessary to reduce the number of parking spaces below that required by the Agreement, and WHEREAS, the Developer now desires to modify the lease -up schedule for the affordable housing units, modify the mix of apartment types required to be leased to income - eligible tenants, modify the parking space requirement; and WHEREAS, Staff recommends approval of these amendments on the condition that the affordable housing requirements are extended for an additional year to allow for a full 10 years of occupancy by income -eligible tenants as originally anticipated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached Amendment #3 to the Agreement for Private Redevelopment is hereby approved. 2. The Mayor is authorized and directed to execute the Amendment and the City Clerk is authorized and directed to attest his signature and to affix the seal of the City Clerk and record the same at Riverview West, L.L.C.'s expense. Resolution No. 17-228 Page 2 Passed and approved this 18th day of July 20 17 MOOR Approved by ATTEST: N±a -4«�r�cr CIW,VLERK ' City Attorney's Office -7 hi �77 Resolution No. Page 3 17-228 It was moved by Botchwav and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS x x x x x x ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT THIS AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called "Amendment") is made as of the 18th day of July, 2017, by and among the City of Iowa City, Iowa, a municipality (hereinafter referred to as "City"), and Riverview West, LLC f/k/a Emrico Properties II, LLC (hereinafter referred to as "Developer"). WITNESSETH: WHEREAS, the parties previously executed an Agreement for Private Redevelopment dated December 2, 2014, and recorded in Book 5377, Page 707 of the Johnson County, Iowa Recorder's Office (hereinafter referred to as "Agreement"). Said Agreement having been entered into as a part of the development and revitalization of the Riverside Drive Urban Renewal Area in the City; and WHEREAS, the Agreement was previously amended by the parties by virtue of an Amendment recorded May 19, 2015 in Book 5366, Page 419, of the Johnson County, Iowa, Recorder's Office and the Agreement was also previously assigned for security purposes by Developer to Hills Bank and Trust Company by virtue of a Consent to Assignment recorded June 25, 2015 in Book 5385, Page 876, of the Johnson County, Iowa, Recorder's Office; and WHEREAS, pursuant to a May 26, 2015 Assignment of Agreement for Private Redevelopment recorded in Book 5371, Page 202 in the Johnson County, Iowa Recorders Office, Developer assigned all of its right, title and interest in this Development Agreement to Hills Bank & Trust Company. WHEREAS, pursuant to the Agreement, Developer has constructed improvements on real estate in the Riverside Drive Urban Renewal Area located at 629 S. Riverside Drive, Iowa City, Iowa (hereinafter referred to as "Property"); and WHEREAS, the completion of the construction of the above -referenced improvements was delayed due to unforeseen circumstances over which Developer had no control. Specifically, the subcontractor hired to install the elevators in the building was not timely, and the delay in elevator installation accordingly delayed the City of Iowa City, Iowa, issuance of an occupancy permit for the Property until September 2016; and WHEREAS, Developer, as a result of the foregoing, "missed the market" for the 2016-2017 lease signing period and is still in the process of leasing up all available apartments on the Property, including those twelve (12) apartments required by Section 3.3 of the Agreement to be leased to income qualified tenants; and WHEREAS, Developer currently has six (6) income qualified apartments rented; and WHEREAS, the Agreement also references that there will be 71 underground and 108 surface parking spaces required in the Project, and upon completion of construction of the Project, there are 68 underground and 100 surface parking spaces; and WHEREAS, the parties desire to amend the Agreement in order to acknowledge Developer's unforeseen delay in getting the Property rented up and also give Developer more flexibility as to the mix of apartment types which can make up the twelve (12) income qualified apartments required to be rented under the Agreement; and WHEREAS, the parties further desire to amend the Agreement to extend the income -qualification occupancy requirements for an additional year so that the public benefit of this agreement will be fully realized. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE PARTIES HEREBY AGREE TO AMEND THE AGREEMENT AS FOLLOWS: 1. The last sentence of Section 3.3, "Occupancy," and the last sentence of the second paragraph of Exhibit "B" are deleted and replaced with the following: These twelve (12) apartments shall be comprised of any combination of one (1) to three (3) bedroom apartments consisting of at least one (1) one -bedroom; one (1) two- bedroom; and one (1) three-bedroom apartments and shall be leased by such income qualified tenants as described above for an average of eleven (11) months per fiscal year commencing August 1, 2017 through July 31, 2018, and continuing for each August 1 through July 31 fiscal year thereafter. This occupancy requirement shall remain in full force and effect through June 1, 2028, regardless of when the final Economic Development Grant is paid pursuant to Article VIII below. 2. Section 6.6 of the Agreement is amended so as to allow and acknowledge the filing of the initial Annual Certification to be filed by Developer with the City on July 1 , 2017 instead of November 1, 2016. The filing of this July, 2017 certification does not eliminate the requirement to file an Annual Certification on or before November 1, 2017. The obligation to file Annual Certificates shall continue through November 1, 2028. 3. Section 8.1(a) of the Agreement is hereby deleted and replaced with the following: Except for the initial annual grant, all annual grants shall be equal to one hundred percent (100%) per fiscal year of the Tax Increments (unless the total grant amount of $1,809,875 is reached first) collected by the City with respect to the Minimum Improvements on Development Property pursuant to Section 403.9 of the Urban Renewal Act under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19 and excluding any interest that may accrue thereon prior to payment to the Developer) during the preceding twelve-month period in respect of the Development Property and the Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments being referred to collectively as the "Economic Development Grants"). Due to the delay in filing the initial Annual Certification and, as of January 1, 2017, the leasing of only five of the twelve income -qualified apartment units required pursuant to Section 3.3, the initial annual grant paid on June 1, 2018 shall be equal to forty-two percent (42%) of the Tax Increment collected by the City as described herein. 4. Section 8.1(d) of the Agreement is hereby deleted and replaced with the following: The total, aggregate amount of all Economic Development Grants under this Agreement shall not exceed $1,809,875. Except for the first Economic Development 3 Grant as described in Section 8.1(a) above, each Economic Development Grant shall be equal to one hundred percent (100%) of all Tax Increments collected per fiscal year in respect of the assessments imposed on the Development Property and Minimum Improvements as of January 1, 2016, and on January 1 of each of the following nine (9) years, until the total, aggregate of all such Economic Development Grants equals no more than the sum of $1,809,875. The final grant shall be adjusted, if necessary, if payment of 100% of Tax Increments for that grant would result in total, aggregate Economic Development Grants in an amount exceeding $1,809,875. Such Economic Development Grants shall at all times be subject to termination in accordance with the terms of this Article VIII and Article X. Thereafter, the taxes levied on the Development Property and Minimum Improvements shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. It is recognized by all parties that the total aggregate amount set forth above is a maximum amount only and that the actual payment amounts will be determined after the Minimum Improvements are completed and the valuations of said Improvements have been determined by the City Assessor. 5. The following is added as subparagraph (f) to Section 8.1 of the Agreement: (f) Notwithstanding the previous provisions of Section 8.1 hereof or any other term or provision to the contrary in this Agreement, the parties agree that if after the payment of the June 1, 2027 grant payment, the total of all grants paid to said date is less than $1,809,875.00, this Agreement shall be automatically extended an additional year to provide for a final grant payment to be made on June 1, 2028 when this Agreement shall then terminate and be of no further force or effect. If this Agreement is extended as provided in this subparagraph, in no event shall the total grant payments to be made under the Agreement exceed $1,809,875.00. 6. Section 12.8 "Termination Date' is hereby deleted and replaced with the following: Except as otherwise provided in Section 8.1(f), this Agreement shall terminate and be of no further force or effect on or after June 1, 2027. 4 7. Exhibit B Minimum Improvements is hereby amended to delete the requirement for 71 underground and 105 surface parking spaces, but instead require 68 underground spaces and 100 surface parking spaces. 8. Except as otherwise amended herein, all other terms and provisions of the Agreement remain in full force and effect. This Amendment shall be recorded in the records of the Johnson County, Iowa Recorder's Office at Developer's expense. RIVERVIEW WEST, LLC By: IIA /f,, Kevin Hanick, Manager xm TRUSTCOMPANY By:� Brad La th, Senior Vice President CITY OF IOWA CITY, IOWA By: � e y or Mayor ATTEST: \ an City Cler < APPROVED BY CITY ATTORNEY: 5 Z 1 CITY OF IOWA CIT ^� COUNCIL ACTION REPO 3d(3) July 18, 2017 Resolution approving Amendment #3 to an Agreement for Private Development by and between the City of Iowa City, Iowa and Riverside West, LLC formerly known as EMRICO Properties II, LLC. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Simon Andrew, Assistant to the City manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Amendment #3 Executive Summary: This amendment to the development agreement (resolution 14-440, passed December 2, 2014) for the Riverside West apartments at 629 S. Riverside Drive accomplishes the following: • extends the TIF rebate timeframe by one year, but does not change the total TIF subsidy of $1,809,875, • allows for a partial (42%) rebate of the first year's tax increment, • provides flexibility in the mix of unit -types of the required affordable units, • extends the period of income -qualification occupancy requirements by one year, and • memorializes a change in the number of parking spaces provided. Background / Analysis: Unexpected construction delays prevented the timely lease -ups of apartment units in the building including the required number of affordable housing units. The agreement required that 12 affordable units be rented to income -qualified tenants to be eligible for the first TIF rebate, however only 6 affordable units have been leased to date. In exchange for extending the TIF time frame by a year and allowing for a partial rebate in the first year, the developer will also extend the required period of providing 12 affordable units by one year. Despite the first year partial rebate and the extension of the TIF time frame by one year, the total TIF rebates shall still not exceed $1,809,875. In addition, the agreement provides more flexibility in the mix of apartment types which can make up the 12 affordable units. Whereas the unit mix was prescribed specifically in the original agreement, the amendment allows for the 12 affordable apartment units to be comprised of any combination of 1-, 2-, and 3 -bedroom apartments, so long as there is at least one of each unit type and that they are leased for an average of 11 months per year beginning in August of 2017. Finally, the amendment memorializes a change in the total parking spaces. The original agreement stated there would be 71 underground and 108 surface parking spots while the actual parking space provided total 68 underground and 100 surface spaces. The total exceeds the required parking for the development. 3d lug Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 17-229 Resolution authorizing the City Manager to sign an agreement with Iowa City Community School District for use of Mercer pool. Whereas, the City and the Iowa City Community School District previously entered into an agreement for use of the swimming pool at Mercer Recreation Facility in 1987, which expires in 2017; and Whereas, the City and the Iowa City Community School District desire to enter into a new agreement for use of the swimming pool; and Whereas, the City should enter into the attached Agreement between the City of Iowa City and the Iowa City Community School District for Use of Mercer Pool. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that The City Manager is authorized to sign the attached Agreement between the City of Iowa City and the Iowa City Community School District for Use of Mercer Pool. Passed and approved this 18th day of July, 2017. / Ma or s Attest: APpr',-�, ty Clerk ` City Attorney's Office Resolution No. Page 2 17-229 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: X x x x x X X ABSENT: ABSTAIN: Dickens the Botchway Cole Dickens Mims Taylor Thomas Throgmorton AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT FOR USE OF MERCER POOL This Agreement is entered into in Iowa City, Iowa between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Iowa City Community School District ("District'). WHEREAS, the City owns and operates a public swimming pool at the Mercer Recreational Facility, 2701 Bradford Drive, Iowa City; WHEREAS, the City and the District previously entered into an agreement for use of the swimming pool dated February 25, 1987, which expires in 2017; and WHEREAS, the City and the District desire to enter into a new agreement for use of the swimming pool by the District. NOW, THEREFORE, THE CITY AND THE DISTRICT AGREE AS FOLLOWS: 1. Effective Date This Agreement shall become effective upon execution. 2. Leased Premises The District shall have the right to occupy the swimming pool and a storage space for equipment as proved herein. The use of the storage space shall be exclusive. The use of the swimming pool shall be pursuant to a "pool use schedule" and is not exclusive. 3. Pool Use Schedule By June 1 every year, the District shall submit in writing (email to Director of Parks and Recreation is sufficient) to the City a schedule of intended pool use for the next fiscal year beginning July 1 through June 30, which shall include the days and hours the District desires to use the swimming pool. The City shall promptly respond to the proposed pool use schedule, and the parties shall negotiate in good faith an agreed upon pool use schedule. The parties shall further negotiate in good faith any amendments to the pool use schedule. The District shall have no right to use the swimming pool at any time except as set forth in the pool use schedule. 4. Fees, Costs. and Expenses In consideration for use of the leased premises: a. The District shall pay the City an annual use fee of $94,000.00 ("use fee"). Payment is due in advance every year by July 15 beginning with the fiscal year starting July 1, 2017 through June 30, 2022. The use fee shall be adjusted annually based on the prior year's average CPI for all urban consumers for Midwest region set by U.S. Bureau of Labor Statistics at December 31. Notwithstanding any other provision, the use fee shall not be adjusted below $94,000.00. b. The District shall pay the City an annual fee of $25,000.00 as contribution toward the capital expenses of the overall operations of the Mercer Recreational Facility ("capital expense fee"). Payment is due every year by July 15 beginning with the fiscal year starting July 1, 2017 through June 30, 2022. The City shall place the funds into a depreciation and improvement reserve to be used for capital improvements and repairs. Attached as Exhibit A is a list of capital needs of the Mercer Recreational Facility, and updated versions will be provided to the District upon request. The capital expense fee shall not be adjusted annually, but at the time of renewal the parties shall renegotiate in good faith an adjusted capital expense fee for the succeeding five-year renewal period. C. The District shall be solely responsible for the purchase, installation, and maintenance of all items needed solely for the District's classes and athletic programs and not needed by the City for its programming. By way of example, this would include starting blocks. The City shall be solely responsible for the operation and maintenance of the Mercer Recreational Facility not specifically assumed by the District. By way of example, this would include water quality/safety monitoring and filtering processes. 5. Supervision/Lifeguards The District shall provide appropriate personnel.to supervise use of the swimming pool by its students, faculty, staff, and invitees during the periods it has shared use of the swimming pool with the City. Said personnel shall be present in the swimming pool area at the time the District commences its use of the swimming pool and shall remain present in the swimming pool area during the entire time of such use. During any period of time that the District has exclusive use of the swimming pool, the District shall have sole responsibility to provide lifeguards. 6. Termination This Agreement shall terminate on June 30, 2022, unless renewed as provided herein. 7. Renewal The District shall have the right to renew this Agreement upon the same terms and conditions for successive five-year terms beginning July 1, 2022 provided that the District is not in default of any of its obligations under this Agreement at the time the renewal is to be effective. In order to exercise this right, the District shall provide the City notice by the immediately preceding April 1. 8. Declaration of Default and Notice 2 In the event that the City or the District determines that the other has defaulted in the performance of its obligations under this Agreement, either party may declare that default has occurred and give notice thereof to the defaulting party. Notice of default shall be given in writing, shall specify the nature of the default and the provision of this Agreement involved, and shall specify what action is required of the defaulting party to correct the default. The defaulting party shall have thirty (30) days from the date of its receipt of the notice of default to correct the default. If at the end of said thirty -day period the default has not, in the opinion of the aggrieved party, been corrected, that party may thereupon pursue all lawful remedies, including but not limited to, termination of this Agreement, an action for specific performance thereof, and action for damages for breach thereof. 9. Notice Except as provided herein, all notices which the parties are authorized or required to give one another pursuant to this Agreement shall be in writing and may be personally delivered or sent by ordinary mail to the addresses hereafter provided. Any notice required or permitted by this Agreement will be deemed to be delivered, and thus effective, when personally received, or received by United States Mail, postage prepaid, certified mail return receipt requested, or receipt is refused. Such notices shall be delivered or mailed to the following persons at the addresses listed: a. Notices to the City: City Clerk, 410 E. Washington St., Iowa City, IA 52240 b. Notices to District: Superintendent, 1725 N. Dodge St., Iowa City, IA 52245 10. Amendment All amendments shall be in in writing. 11. Severability If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 12. Assiqnment Neither the District nor the City shall assign this Agreement without the consent of the other party. 13. Indemnification/Hold Harmless Each party agrees to release, indemnify and hold the other parties, their officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the party by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non-performance by the other parties or their servants, employees or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. The City shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the City's control. This does not waive any of the defenses of governmental immunity available to the City or the District under Section 670.4 of the Code of Iowa, as it now exists and as it may be amended from time to time. 14. Waiver The waiver by either the City or the District of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms of this Agreement. 15. Entire Agreement This Agreement sets forth all of the covenants, promises, agreements, and conditions among the parties, and there are no other covenants, promises, agreements or conditions, either oral or written, among them. This Agreement may not be modified or amended in any manner except as provided herein. Dated this 18th day of July 2017. CITY OF IOWA CITY By: Geoff Fruin, City Manager IOWA CITY COMMUNITY SCHOOL DISTRICT By: X9Z Q ris nch, Board President 4 /�r1 vo x'�C`11 iFt� ue'1 EXHIBIT A Mercer Park Aquatic Center Capital Needs List • Bulkhead replacement $350,000 • Dive stand replacement $30,000 • Deck tile replacement $75,000 • Women's locker room renovation $75,000 • Boiler and HVAC replacement/upgrade $800,000 • Masonry repair and tuck pointing $383,000 • Chair lift replacement $10,000 5 r CITY OF IOWA CI COUNCIL ACTION REPO 3d(4) July 18, 2017 Resolution authorizing the City Manager to sign an agreement with the Iowa City Community School District for use of Mercer pool Prepared By: Juli Seydell Johnson, Parks & Recreation Director Reviewed By: Dennis Bockenstedt, Finance Director Sue Dulek, City Attorney's Office Geoff Fruin, City Manager Fiscal Impact: The contract provides for $94,000 per year usage fee and a $25,000 annual fee toward capital expenses paid to the City from the ICCSD. Recommendations: Staff: Approval N/A Attachments: Resolution; Agreement Executive Summary: This item approves a 5 -year agreement with the Iowa City Community School District for the use of Mercer Aquatic Center. Background / Analysis: The City and the ICCSD previously entered into an agreement for use of the swimming pool in 1987, which is expiring. Proposed is a 5 -year agreement in which the ICCSD pays a $94,000 annual usage fee and a $25,000 annual fee toward the capital expenses of the overall operations of Mercer Recreational Facility. The ICCSD may renew it every 5 years with an increase based upon the five year prior average Consumer Price Index for all urban consumers for the Midwest region as set by US Department of Labor beginning January 1 of the expiration year. The ICCSD approved the agreement at the June 27, 2017 School Board meeting. ICCSD primarily uses Mercer Aquatic Center for the Southeast Junior High and City High swim team programs. The prior agreements had a payment that varied slightly each year based upon actual costs of operations. The costs, however, have remained stable for a number of years. Both parties agreed that a set amount, with prescribed increases, would be accurate and provide better predictability for the budget processes of both organizations. 3J(5) Prepared by Wendy Ford, Economic Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. »_9,in Resolution approving the disbursement of budgeted FY18 funds to the Iowa City UNESCO City of Literature, Riverside Theatre, Film Scene and the Entrepreneurial Development Center. WHEREAS, the Community Development Assistance budget line (10210610-448020) is intended for funding organizations and events that further economic development activities in Iowa City; and WHEREAS, the City Council approved the FY2018 budget line of $977,190 comprised in part, of $60,000 for Iowa City UNESCO City of Literature, $15,000 for Riverside Theatre, $25,000 for Film Scene, and $25,000 for the Entrepreneurial Development Center; and WHEREAS, the Economic Development Committee has used various methods of endorsing support of these organizations, including recommending funding to the full City Council, and recommending intent to budget future years' funding, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Fiscal Year 2018 budgeted funds for Iowa City UNESCO City of Literature, Riverside Theatre, Film Scene and the Entrepreneurial Development Center may be disbursed. Passed and approved this 18th day of July 2017 ATTEST: V CI "LERK jved tj) 7-/3-/? City Attorney's Office Resolution No. Page 2 17-230 It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton r 1 CITY OF IOWA CIT � COUNCIL ACTION REPO 3d(5) July 18, 2017 Resolution approving the disbursement of budgeted FY18 funds to the Iowa City UNESCO City of Literature, Riverside Theatre, Film Scene and the Entrepreneurial Development Center. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Simon Andrew, Assistant to the City Manager Fiscal Impact: $125,000 Community Development Assistance Recommendations: Staff: Approval Commission: City Council Economic Development Committee Attachments: none Executive Summary: The City provides funding support for community organizations and events through the Community Development Assistance line item in the Economic Development division budget. Examples of organizations funded from this budget include the Convention and Visitors Bureau, Englert Theater, and the Mission Creek Festival. This resolution formalizes City Council's support for disbursing the funds already budgeted for the Iowa City UNESCO City of Literature ($60,000), Film Scene ($25,000), Riverside Theatre ($15,000), and the Entrepreneurial Development Center ($25,000). Background / Analysis: The City Council Economic Development Committee (EDC) has formally recommended the funding amounts above for Film Scene, Riverside Theatre, and the Entrepreneurial Development Center. The EDC did not review the City of Literature/Iowa City Book Festival request, however, this funding has been stable since fiscal year 2009. All of these expenditures were expected during the fiscal year 2018 budgeting process and have been included in the Economic Development division's budget. Funds budgeted in Community Development Assistance total $977,190. Staff recommends approval of all four requests. Staff intends to include a table detailing budgeted funds in this division in future budget documents so that the full Council can approve or amend these requests simultaneously as part of the budget process. Prepared by: Dave Panes, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 3565145 Resolution No. 17-231 Resolution rejecting bids received on July 12, 2017 for the Happy Hollow Park Restroom and Shelter Replacement Project 2017. Whereas, five bids were received on July 12, 2017, for the Happy Hollow Park Restroom and Shelter Replacement Project 2017; and Whereas, the five bids received exceed the amount available in the project fund; and Whereas, the Department of Public Works recommends that the Council reject all bids. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa that all bids received on July 12, 2017, for the Happy Hollow Park Restroom and Shelter Replacement Project 2017 are rejected. Passed and approved this 18th day of Attest: CI Jerk July 2017 Ma or Approved by oelz-�'-7-1 City Attorney's Office It was moved by sotchwav and seconded by Dickens the Resolution be adopted, and upon roll call there were: Ayes: X X X X X X X Nays: Absent: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 3�c�1 r 1 CITY OF IOWA CI �r a COUNCIL ACTION REPO 3d(6) July 18, 2017 Resolution rejecting bids received on July 12, 2017 for the Happy Hollow Park Restroom and Shelter Replacement Project 2017 Prepared By: Juli Seydell Johnson - Parks & Recreation Director Reviewed By: Dave Panos - Senior Civil Engineer, Jason Havel - City Engineer, Ron Knoche - Public Works Director, Geoff Fruin - City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: Park Commission reviewed project and recommended approval on March 8, 2017. Historic Preservation Commission reviewed and approved project on April 13, 2017. Attachments: Resolution Executive Summary: Plans, Specifications, Form of Agreement and Estimate of Cost for the Happy Hollow Park Restroom and Shelter Replacement 2017 Project were approved at the June 20, 2017 Council Meeting. The project bid letting was held on July 12`h and the following bids were received: Woodruff Construction, LLC $251,652.00 Calacci Construction $253,480.00 North Construction $265,495.00 SWA $342,355.00 Tricon General Construction Inc. $361,000.00 Project Estimate $182,500.00 The lowest bid received from Woodruff Construction, LLC is 39% above the project estimate. Staff recommends that Council reject all bids. Background / Analysis: This project replaces an aging combination restroom, shelter and storage structure at Happy Hollow Park with a restroom and shelter. A neighborhood meeting was held on May 25, 2016 with approximately 25 residents attending. The design of the restroom and shelter includes architectural features and finish choices which fit the character of the historic neighborhood surrounding the park. The Historic Preservation Commission reviewed and approved the project on April 13, 2017. The architecture, materials and color choices were made to reflect and enhance the historic neighborhood of the park. Only the shelter and restroom are being replaced at this time. The ball field, playground, basketball court and open field area will not change. NOTICE TO BIDDERS HAPPY HOLLOW PARK RESTROOM AND SHELTER REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 12th day of July, 2017. 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 18"' day of July, 2017, or at a special meeting called for that purpose. There is a recommended pre-bid meeting. This will start at 10 a.m. local time on Wednesday, June 28, 2017 in the Happy Hollow Park Shelter, located at Happy Hollow Park, 800 Brown St, Iowa City, Iowa. The Project will involve the following: The Project will involve the demolition of the existing restroom, storage and shelter facility and associated concrete slab and foundations. Following with the construction of two separate structures at Happy Hollow Park: A masonry building with a single -stall, ADA accessible restroom and mechanical space, with hardieboard siding and a stone veneer base. An open outdoor park shelter, of prefabricated wood and steel structure with glulam beams. Construction shall include, but not limited to: concrete foundations, masonry and stone wall, wood roof trusses, standing seam metal roof, mechanical, electrical and plumbing, site paving and finished site grading. All work is to be done in strict compliance with the plans and specifications prepared by HBK Engineering, LLC, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Substantial Completion date October 6, 2017; Final completion date October 20, 2017. Liquidated Damages: $500.00/day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: 319-354-5950 Fax:319-354-8973 Toll -Free 800-779- 0093 by bona fide bidders. A $30.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technigraphics. The fee will be returned if the plans are returned in unmarked and reusable condition within 15 days of Council Award. A separate and nonrefundable 115.00 shipping and handling fee will apply to plans that are sent through postal mail. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 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. Julie Voparil, DEPUTY CITY CLERK S\R C%GOVERN-11PmJe MAPP"-RFRONTE-1%NWic to EIE m for HAPPY HOLLOW PMI( REGTROOM ANO GHELMR REPLACEMEM PROJECT.W My 12Z IT] NTB-1 2,-+(-f) Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 17-232 Resolution accepting the work for the 2017 Clearing and Grubbing Project WHEREAS, the Engineering Division has recommended that the work for construction of the 2017 Clearing and Grubbing Project, as included in a contract between the City of Iowa City and Delong Construction, Inc. of Washington, IA, dated March 16, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in account #'s M3631 Annual Stormwater Improvements, 10530200 Park Maintenance Operations, L3322 Hebl Road Improvements, and S3809 Iowa City Gateway Project (Dubuque Street); and Whereas, the final contract price is $47,399.30. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of July 12017 Ma or Approved by Attest: Ci erk erk City Attorney's Office It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton CITY OF IOWA CI COUNCIL ACTION REPOi 3d(7) July 18, 2017 Resolution accepting the work for the 2017 Clearing and Grubbing Project Prepared By: Brett Zimmerman - Civil Engineer Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director, Geoff Fruin - City Manager Fiscal Impact: None Recommendations: Staff: Acceptance Commission: N/A Attachments: Resolution Executive Summary: This project has been completed by Delong Construction, Inc. of Washington, Iowa in substantial accordance with the plans and specifications. The Engineers Report and Performance and Payment bonds are on file with the City Engineer. • Project Estimated Cost: $ 43,838.00 • Project Bid Received: $ 44,112.00 • Project Final Cost: $ 47,399.30 Background / Analysis: This project included tree clearing and/or clearing and grubbing at three (3) locations in Iowa City; Benton Hill Park at the corner of West Benton Street and Miller Avenue (clearing and grubbing), Dover Street near Mercer Park and the Iowa Interstate Railroad (clearing only), and Hebl Avenue Southwest near the Iowa City Landfill and Recycling Center (clearing only). r'I m CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org ENGINEER'S REPORT June 28, 2017 City Clerk Iowa City, Iowa Re: 2017 Clearing and Grubbing Project Dear City Clerk: I hereby certify that the 2017 Clearing and Grubbing Project has been completed by Delong Construction, Inc. of Washington, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project was bid as a unit price contract and the final contract price is $47,399.30. There were a total of three (3) change or extra work orders for the project as follows: 1. Additional Large Tree Removal at Dover Site $3,000.00 2. Additional Tree Clearing on North Gilbert Street $1,067.00 3. Revised Site Access $1,331.50 TOTAL $5,398.50 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, aso City Engineer Prepared by: Josh Slattery, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 17-233 Resolution accepting the work for the storm sewer, sanitary sewer, water main, drainageway, and paving public improvements for Cardinal Pointe West — Part One, and declaring public improvements open for public access and use. Whereas, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Cardinal Pointe West — Part One, as constructed by Carter & Associates, Inc. of Coralville, Iowa. Drainageway improvements for Cardinal Pointe West — Part One, as constructed by Neuzil & Sons, Inc. of Oxford, Iowa. Paving improvements for Cardinal Pointe West — Part One, as constructed by Streb Construction Co., Inc. of Coralville, Iowa. Whereas, the maintenance bonds have been filed in the City Clerk's office; and Whereas, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and Whereas, the storm water management facilities have been installed but are not ready for full release according to the terms of the subdivider's agreement; and Whereas, the traffic control signs have been installed. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 18th day of July �, 2�0�17 May r Approved by ATTEST: a kl� &7L-iev Ci rk ' City Attorney's Office ?//P//-7 It was moved by Botchwav and seconded by Dickens the Resolution be adopted , and upon roll call there were Ayes: Nays: Absent: X Botchway X Cole X Dickens X Mims X Taylor X Thomas Throgmorton r CITY OF IOWA CIT -^� COUNCIL ACTION REPO 3d�8, July 18, 2017 Resolution accepting the work for the storm sewer, sanitary sewer, water main, drainageway, and paving public improvements for Cardinal Pointe West — Part One, and declaring public improvements open for public access and use Prepared By: Josh Slattery - Sr. Civil Engineer Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director, Geoff Fruin - City Manager Fiscal Impact: No Impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution, Engineer's Report Executive Summary: Cardinal Pointe West — Part One is a 31 -lot, 39.77 -acre residential subdivision located south of Kennedy Parkway and west of Camp Cardinal Boulevard. Background / Analysis: The construction of the sanitary sewer, storm sewer, drainageway, water main and paving improvements for Cardinal Pointe West — Part One have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. Ir , CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 ENGINEER'S REPORT (319) 356 - 5009 FAX www.icgov.org July 7, 2017 Honorable Mayor and City Council Iowa City, Iowa Re: Cardinal Pointe West — Part One Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, drainageway, water main, and paving improvements for Cardinal Pointe West — Part One have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Carter & Associates, Inc. of Coralville, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Coralville, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sin Jason Havel, P.E. City Engineer Prepared by: Daniel Scott, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 Resolution No. 17-234 Resolution accepting the work for the sanitary sewer public improvements for Schnoebelen Subdivision, and declaring public improvements open for public access and use Whereas, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications approved by the Engineering Division. Sanitary sewer improvements for Schnoebelen Subdivision, as constructed by O.E.C. Inc. of Iowa City, Iowa. Whereas, the sanitary sewer improvements were inspected by City staff during construction of the improvements in 2007; and Whereas, the sanitary sewer improvements have been found acceptable after recent inspection by City staff; and Whereas, the maintenance bond requirement has been waived for the sanitary sewer improvements because O.E.C. Inc. is no longer in business; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 18th day of July 2017 Attest: CityVCIA�rk It was moved by Botchway adopted, and upon roll call there were: 3c1( -q) 4"7roved by 7, 8 n City Attorney's Office and seconded by Ayes: Nays: x x x x x x x Dickens the Resolution be Absent: Botchway Cole Dickens Mims Taylor Thomas Throgmorton � r � . ,®,�4 CITY OF IOWA CI COUNCIL ACTION REPO 3d(9) July 18, 2017 Resolution accepting the work for the sanitary sewer public improvements for Schnoebelen Subdivision, and declaring public improvements open for public access and use Prepared By: Daniel Scott - Sr. Civil Engineer Reviewed By: Jason Havel - City Engineer, Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution, Engineer's Report Executive Summary: Schnoebelen Subdivision is a 4 lot, 2.61 acre residential subdivision located south of Lower West Branch Road and east of Hummingbird Lane. Background / Analysis: The construction of the sanitary sewer improvements for Schnoebelen Subdivision have been completed in substantial accordance with the plans and specification approved by the Engineering Division of the City of Iowa City. ,r 1 �•� Imp i `rtJ6� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 ENGINEER'S REPORT (319) 356 - 5009 FAX www.icgov.org July 11, 2017 Honorable Mayor and City Council Iowa City, Iowa Re: Schnoebelen Subdivision Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer improvements for Schnoebelen Subdivision have been completed in substantial accordance with the plans and specifications approved by the Engineering Division of the City of Iowa City. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P. E. City Engineer 36 (t°) Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 Resolution No. 17-235 Resolution accepting the work for the Willow Creek/Kiwanis Park Improvements Project Phase 1 Whereas, the Engineering Division has recommended that the work for construction of the Willow Creek/Kiwanis Park Improvements Project Phase 1, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, IA, dated October 12, 2015, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Willow Creek/Kiwanis Master Plan/Splash Pad account #R4322; and Whereas, the final contract price is $329,961.13. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, That said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of July Ma r ATTEST: Ci I rk 2017. Ap roved by 7-12-17 City Attorney's Office It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton 'r 'CITY OF IOWA CI -r� COUNCIL ACTION REPO 3dI10) July 18, 2017 Resolution accepting the work for the Willow Creek/Kiwanis Park Improvements Project Phase 1 Prepared By: Scott Sovers — Sr. Civil Engineer Reviewed By: Jason Havel — City Engineer, Ron Knoche — Public Works Director Geoff Fruin — City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution, Engineer's Report Executive Summary: The project generally involved replacement of the existing HMA and chip seal trail with portland cement concrete (PCC), construction of a public restroom, creek bank stabilization and general site restoration at Willow Creek and Kiwanis Parks. Work on the project was recently completed by All American Concrete, Inc. of West Liberty, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. ❖ Project Estimated Cost: $ 350,000.00 Project Bid Received: $ 346,974.00 ❖ Project Actual Cost: $ 329,961.13 ENGINEER'S REPORT July 5, 2017 �r"'III CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org City Clerk Iowa City, Iowa Re: Willow Creek/Kiwanis Park Improvements Project Phase 1 Dear City Clerk: I hereby certify that the construction of the Willow Creek/Kiwanis Park Improvements Project Phase 1 has been completed by All American Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications prepared by HBK Engineering of Iowa City, Iowa. The project was bid as a unit price contract and the final contract price is $329,961.13. There were no changes or extra work orders for the project. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Jonathan Durst, Asst. Water Superintendent, Public Works, 410 E. Washington Sl., Iowa City, IA 52240, (319)356-5169 Resolution No. 17-236 Resolution setting a public hearing on August 1, 2017 on plans, specifications, form of contract, and estimate of cost for the construction of the Water Treatment Plant Supervisory Control and Data Acquisition (SCADA) Upgrade Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection Whereas, funds for this project are available in the Water Plant & Storage Reservoir SCADA Replacement account #W3226. Now, therefore, be it resolved by the Council of The City of Iowa City, Iowa, that: 1. A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the I" day of August, 2017, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 1 R rh day of July 2017 Ma or ` Ap rovedby Attest: Z&� meal r� � CityIrk 'City Attorney's Office 7///h:? It was moved by Botchway and seconded by adopted, and upon roll call there were: Ayes: iq Nays: Dickens the Resolution be Absent: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 'r CITY OF IOWA CIA" ^Ott � COUNCIL ACTION REP 3e(3) July 18, 2017 Resolution setting a public hearing on August 1, 2017 on plans, specifications, form of contract, and estimate of cost for the construction of the Water Treatment Plant Supervisory Control and Data Acquisition (SCADA) Upgrade Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection Prepared By: Jon Durst — Assistant Water Superintendent Reviewed By: Jason Havel — City Engineer, Ron Knoche — Public Works Director, Geoff Fruin — City Manager Fiscal Impact: Funding will be via the water fund and is available in the Water Plant & Storage Reservoir SCADA Replacement account #W3226 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The SCADA Upgrade project will update the hardware and software that comprises the SCADA system, thereby increasing its functionality and reliability. Upgrades to hardware include radios, network topology and switches, controllers, and computers. Software upgrades includes installation of newest control software versions, addition of a historical tracking and trend analysis package, and upgraded security features. Background / Analysis: A SCADA system is a multifunctional computer system that controls equipment, executes processes, and senses and displays system conditions. With the current system being nearly 15 years old, the hardware is no longer serviceable and the software is out-of-date/incompatible. The intent of the project is to upgrade the equipment and software so that system is stable, secure, and robust. The intended upgrades have been designed, specified and reviewed by the retained consultant (Strand Associates, Inc.) and City personnel. The upgrades will provide more reliable control of the City's drinking water production and distribution facilities, as well as an easier to use means of trending historical data to make more data -driven decisions. The plans, specifications, form of contract, and estimate of cost for construction of the Water Treatment Plant SCADA Upgrades Project have been filed in the Office of the City Clerk for public examination. The estimated cost of construction is $800,000, and the project is expected to be completed in the spring of 2018. 3ep) Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 Resolution No. 17-237 Resolution of intent to consider the proposed conveyance of a utility easement on and over portions of the Iowa City Municipal Airport to accommodate construction of additional hangars and setting a public hearing on said proposal for August 1, 2017. WHEREAS, MidAmerican Energy Company has requested that the City grant to it a utility easement across a portion of the Iowa City Municipal Airport grounds; and WHEREAS, the Iowa City Airport Commission has passed a resolution requesting that Council approve this easement, as only Council has the authority to convey permanent property rights on Airport property; and WHEREAS, conveyance of a permanent easement requires the holding of a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to consider the conveyance of a utility easement over City -owned property on the Iowa City Municipal Airport to accommodate construction of additional hangars there. 2. A public hearing on said proposal should be and is hereby set for August 1, 2017, at 7 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 188th day of July , 2017. MA OR ;Apdveby ATTEST: '? (0 7 CIT ERK City Attorney's Office Resolution No. 17-237 Page 2 It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton I r � r r"'IIIVi m�� ®,�4 CITY OF IOWA CIT COUNCIL ACTION REPO 3e1;4) July 18, 2017 Resolution of intent to consider the proposed conveyance of a utility easement on and over portions of the Iowa City Municipal Airport to accommodate construction of additional hangars and setting a public hearing on said proposal for August 1, 2017 Prepared By: Michael Tharp, Airport Operations Specialist Reviewed By: Eric Goers, Assistant City Attorney Simon Andrew, Assistant to the City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: Airport Commission recommends approval Attachments: Resolution Underground Utility Easement Executive Summary: MidAmerican Energy has requested an easement for utility lines owned by MidAmerican at the Iowa City Municipal Airport. Airport Commission has recommended Council grant the requested easements. Background / Analysis: As one of their strategic goals, the Iowa City Airport Commission desires to increase the utilization of private hangar construction for further development of the Iowa City Airport. The Airport Commission has now entered into three long-term ground lease agreements which have been utilized to construct three buildings for the purposes of providing additional aircraft storage space. Following the expiration of each of the ground leases, the associated buildings will become property of the Airport. The life expectancy of a hangar building is 50 years or more. The hangars that have been constructed are sized at 80' x 80', 100' x 100', and 56' x 52'. As part of these ground leases, the Airport Commission typically agrees to extend utilities into a development area, if they aren't already nearby. MidAmerican Energy has requested easements for the work done with previous and current hangar construction. Late Handouts Distributed 7It➢lig (Date) Prepared by end Retum to: Eric own, Iowa City Attomey's Off ice, 410 E. Washington, Iowa City, IA 52240; (319) 3565030 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 the easement area described on the attached Exhibit "A", 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"). 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 day of 12017. GRANTOR CITY OF IOWA CITY, IOWA By: James A. Throgmorton, Mayor ATTEST: Approved by M Kellie K. Fruehling, City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) City Attorney's Office On this day of '2017, before me a Notary Public in and for said State, personally appeared James A. Throgmorton and Kellie K. Fruehling, 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. Notary Public in and for the State of Iowa EXHIBIT "A" Page 1 Parcel Legal Description: Beginning at a point in the center of the Harris Road (now known as the Red Ball Route), said point being 777.6 feet South and 2823.7 feet East of the Southwest corner of the NWl/4 SE1/4 of Sec 16, Twp. 79 N., R 6 West of the 51h P.M.; running thence in a Northwesterly direction along the center of said road 135.3 feet; thence West 261.3 feet to a stake; thence South 132 feet; thence East 290.7 feet to the place of beginning. And Beginning at a point which is 290.7 feet West and 132 feet North of a point in the center of the Harris Road known a U.S. Highway #218, said reference point being 772.6 feet South and 2823.7 feet East of the Southwest corner of the NW1/4 SE3/4 of Sec.16 Twp.79 N., R. 6 West of the 51h P.M.; thence North 75 feet; thence due East to the center of said Harris Road; thence southeasterly along the center of said road to a point 261.3 feet due East of the place of beginning; thence due West to the place of beginning. Excepting therefrom that portion condemned for highway purpose by proceedings recorded in Book 381, Page 24, Records of Johnson County, Iowa, subject to easements and restrictions of record. Easement Area: A ten (10') feet wide easement commencing at the northeast property corner thence south along the east property line One Thousand Seven Hundred Thirty-Nine (1739') feet, more or less, to the point of beginning #1 (POB #1); thence west One Hundred Forty-Five (145') feet, more or less, thence north Thirty (30') feet, more or less, thence west One Hundred Sixteen (116') feet, more or less, to a point of terminus. AND A ten (10') feet wide easement commencing at the northeast property corner thence south along the east property line One Thousand Three Hundred Eighty-four (1384') feet, more or less, thence straight south Three Hundred Thirty-Five (335') feet, more or less, to the point of beginning #2 (POB #2); thence south Two Hundred Ninety-Five (295') feet, more or less, thence southwesterly Two Hundred Five (205') feet, more or less, thence southwesterly Seventy-five (75') feet, more or less, thence west Eighty (80') feet, more less, thence southwesterly Seventy-one (71') feet, more or less, thence west Fifty-Five (55') feet, more or less, to and including a pad mount and transformer. MidAmerrcan Customer: Cit of Iowa City, Iowa DR # 2545900 N� Address: 1801 S. Riverside Dr. Scale:Not to Scale Date: Ma 17 , 2017 Cit : Iowa City State: Iowa Folder: 002-16 1Sec21,T79N,R6W Job Desc: Underground Utility Easement EXHIBIT "A" Page 2 Northeast Property Comer Legend — - Subject Property Line & ROW Easement Area c 0 ❑ Airport Parcel: Mw fn m o 1021126004 111' w 150' P0B #1 m o m POB #2 m r ^h 80, 0 o U) �1 50' Ifid kmcrican Customer: City of Iowa City, Iowa DR # 2545900 N� �eucr � -�-••--,,.,..,_---- Address: 1801 S. Riverside Dr. Scale: Not to Scale I Date: May 17, 2017 Cit : Iowa City State: Iowa Folder: 002-16 ISec 21, T 79 N, R 6 W Job Desc: Underground Utility Easement I Prepared by Jul! Seydell Johnson, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240, (319)356-5104 Resolution No. 17-238 Resolution approving plans, specifications, form of agreement, and estimate of cost for the construction of the Riverfront Crossings Park, Phase 2 Project, establishing amount of bid security to accompany each bid, directing City Clerk to post 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, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Park at Site of North WWT Plant account # R4185. 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 post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 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 2:30 p.m. on the 81' day of August, 2017. 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 15`" day of August, 2017, or at a special meeting called for that purpose. Passed and approved this 18th day of .Tule 2, 2017 M or \` Approved by Attest: 011y-gerk City Attorneys Office 711417 Resolution No. 17-238 Page 2 It was moved by Mims adopted, and upon roll call there were: Ayes: and seconded by Botchway the Resolution be Nays: Absent: Botchway Cole Dickens Mims Taylor Thomas Throgmorton I Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 17-239 Resolution approving plans, specifications, form of agreement, and estimate of cost for the construction of the Robert A. Lee Recreation Center Remodeling 2017 Project, establishing amount of bid security to accompany each bid, directing City Clerk to post 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, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in account #s R4336 and R4330. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. 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 post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 8" day of August, 2017. 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 15th day of August, 2017, or at a special meeting called for that purpose. Passed and approved this 18th day of July _'2017 May6r Ap rove y Attest: City rk City Attorney's Office Resolution No. Page 2 17-239 It was moved by Thomas and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole x Dickens x Mims x Taylor x Thomas x Throgmorton Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 17-240 Resolution authorizing the City Manager to sign an agreement with Iowa City Downtown District for temporary placement of art work in Black Hawk Mini Park. Whereas, in order to draw persons to the downtown, Iowa City Downtown District desires to place a piece of art in Black Hawk Mini Park until October 31, 2017; Whereas, the Iowa City Public Art Committee has approved proceeding with a Prairie Box design, a depiction of which is attached to the resolution; and Whereas, the City should enter into the attached Agreement for Temporary Placement of Art Work in Black Hawk Mini Park. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to sign the attached Agreement for Temporary Placement of Art Work in Black Hawk Mini Park. Passed and approved this 18th day of July, 2017. / L, M or Attest: APP Jerk City Attorney's Office Resolution No. Page 2 17-240 It was moved by Thomas and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Susan Dulek, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319/356-5030 AGREEMENT FOR TEMPORARY PLACEMENT OF ART WORK IN BLACK HAWK MINI PARK This Agreement is made by and between the Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District ("the ICDD") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, the City has provided economic development funds to ICDD to support the economic vitality of the downtown; WHEREAS, to draw persons to the downtown and to enhance the vibrancy of the downtown, the ICDD desires to use said funding, in part, for the placement of a piece of art in Black Hawk Mini Park for a temporary and limited period of time; and WHEREAS, the Iowa City Public Art Committee approved proceeding with the Prairie Box design for temporary installation in Black Hawk Mini Park at its May 4, 2017 meeting. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. In consideration of ICDD's promises herein, the City agrees to permit ICDD to install, locate, construct and subsequently maintain an art work entitled Prairie Box ("art work") in Black Hawk Mini Park from July 19, 2017 to October 31, 2017. A depiction of the art work is attached as Exhibit A and incorporated herein. 2. ICDD shall promptly remove the art work after October 31, 2017 at its sole cost. The ICDD shall restore the surface of Black Hawk Mini Park beneath and adjacent to the placement of the art work to its original condition. If ICDD fails to restore the surface of Black Hawk Mini Park to its prior condition to the satisfaction of the City, the City may do so and ICDD shall reimburse the City for all costs incurred. 3. The installation, construction and location of the art work shall be subject to City approval, and in accordance with all applicable City regulations, ordinances and policies, which includes that the art work must be designed and stamped by an engineer licensed to practice in the State of Iowa. 4. ICDD shall remove, at its sole cost, the art work when any one of the following events occurs: a. A breach of this agreement; or b. Within 10 calendar days after the City gives written notice of removal, with or without cause, to ICDD. If ICDD fails to remove the art work from Black Hawk Mini Park as required, the City may remove the art work, and ICDD shall reimburse the City for all costs incurred. 5. ICDD agrees to maintain the art work in good and reasonable repair and to minimize safety hazards to the public. The City shall have no obligation to maintain the art work. The risk of loss or damage to the art work shall be borne solely by ICDD. 6. Title of the art work shall not pass to the City. ICDD acknowledges and agrees that the City has no legal obligation to or relationship with the artist who created the art work. 7. The ICDD shall carry comprehensive general liability insurance for bodily injury and property damage for placement of the art work in Black Hawk Mini Park in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured on a primary and non-contributory basis. The TCDD shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. The ICDD shall notify the City 1 week before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. The ICDD shall provide the City with a certificate of insurance coverage of the sidewalk cafe required by the City's schedule of Class II insurance coverage. 8. ICDD agrees to indemnify, defend, release and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damages, to persons and property of whatever nature, including payment of reasonable attorney fees, arising out of or by reason of any breach, violation or non-performance by ICDD, its officers, employees or agents of any covenant or condition of this Agreement, or by any act or failure to act of those persons. 9. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 10. ICDD shall not assign this Agreement without the consent of the City. 11. The waiver by either City or ICDD of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms of this Agreement. 12. This Agreement sets forth all of the covenants, promises, agreements, and conditions among the parties, and there are no other covenants, promises, agreements or conditions, either oral or written, among them. This Agreement may not be modified or amended in any manner except as provided herein. Dated this 18thday of July, 2017. CITY OF IOWA CITY Geo ruin City Manager Approved by: City Attorney's Office IOWA CITY SELF SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT Nancy Bird Executive Director EXHIBIT . TO CITY OF IOWA CIT COUNCIL ACTION REPO 11 July 18, 2017 Resolution authorizing the City Manager to sign an agreement with Iowa City Downtown District for temporary placement of art work in Black Hawk Mini Park. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Simon Andrew, Assistant to the City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution, Agreement, Illustration Executive Summary: The City has provided economic development funds to the Iowa City Downtown District (TCDD) to support economic vitality downtown. The ICDD has several projects planned for July through October, 2017 which aim to further the goals of creating a welcoming environment, draw people downtown, and shape the urban center. The temporary placement of art work in Black Hawk Mini Park (BHMP) is one project in the July -October program series aimed at placemaking. This resolution authorizes the City Manager to sign an agreement with the ICDD for the temporary placement art work in Black Hawk Mini Park. ICDD's 2017 placemaking initiatives build off of the success of 2016 programming, which included paddleboarding and outdoor yoga. Background / Analysis: The ICDD approached the City regarding interest in creating and installing a temporary public art feature to be located in BHMP. The idea for the temporary art installation is planned to be a significant part of the July -October placemaking project. Two designs were submitted for review by the Public Art Advisory Committee at their May 4, 2017 meeting. The committee recommended the proposed sculpture "Prairie Box" for the project pending adjustments to address accessibility and safety concerns. The final design is required to be approved by an engineer licensed to practice in the State of Iowa. The sculpture is designed to mimic the American Foursquare home, a popular Midwestern vernacular style that was influenced by the Prairie School of architecture and can be seen throughout many of Iowa City's older neighborhoods. The proposed version takes some liberties in the design by creating a sense of play as well as a shaded gathering place including several front porch swings in the structure. The interior of the space remains open and sunlit, to accommodate a variety of activities, performances, and play opportunities. Along with the temporary art placement in BHMP, ICDD's other Placemaking elements will include 15 weeks of various urban events including Sunday yoga outdoors, Wednesday board game day and Friday community lunches. To make BHMP more inviting, ICDD is providing moveable furniture, umbrellas for shade, garden elements and lighting. 1 1 CITY OF IOWA CITY COUNCIL ACTION REPORT Illustration of "Prairie Box" �. s ,3 �' , ;`� _`l �,� `'"` fa 7 �- ti _ ��� �-1 WO Place Evaluation Black Hawk Mini Park` "The People's Park" ? - 3,600 square feet:- 30x90 open space • Directly in the heart of Downtown • No seating, benches currently within the park area • 2 Light Poles • Poor drainage • Brick surface • No Shade during midday • Used daily as a walk through to Washington St., Paul Helen Building, Park @ 201 and Buzz Salon • Was once known as the area for protests and rallies • Layout has seen a change over the past 4 years • No signage • Runs under a separate permit from the rest of the pedmall • Surrounded by elevated planters • The most underutilized area of the pedmall • Maintained and under the authority of the City • Up for renovation in 2018 (streetscape) Pilot Timeline Step 2 Feb. 1111111 III Define Placemaking to the organization Step 7 Step 4 & 5 Step July - March April May O t b I IIIIIIII I I I I I I I I I I Timeline, Permitting, Scheduling Establish 16 infrastructure needs Key stakeholder workshop c o er I I II III I I I Marketing Finalize calendar, partners, infrastructure Security & Programming Maintenance Plan Top 3 Needs *Based on Community Survey & Key Stakeholder workshop • Activation (Lighter Quicker Cheaper programming) • Amenities (Overall Attractiveness,Shade/Cover, Seating & Lighting ranked lowest)." • Art (Something that allows for the Vi,µ space to remain flexible. #1 request from Key Stakeholder Workshop & Community Survey) Lighter, Quicker, Cheaper Programming & Events that do not require a large amount of expenses and labor to be effective in bringing energy and life into a community's public space. • Bring life and amenities to previously lifeless public spaces • Break down resistance to change, while empowering vulnerable or overlooked communities who may have lost faith even in the possibility of change • Establish (or reestablish) a neighborhood or region's sense of community • Inform best practices for later planning efforts • Encourage community buy -in • Bring together diverse stakeholders in generating solutions and a collective vision • Foster a community's sense of pride in, and ownership of, their public spaces Pralne Box Atemporary public .ulpture for connecting people and place leveraging art to add amenities ` Amos of'C,on✓eniorrce VIA �auses y4i ®� aor aul $1199500 and Our FROG BUILDING PLANS WILL BUILD, PAINT AND COMPLETE, READY FOR nox vOOCCUP" ov IRIS MnDFRN NINR-ROOM 91,0M Ml HOUSE saw OUR $199500 HOUSE i� s 1 The h f5 DO NOT .1TTENPT BUIDIVO WU.40BT PLANS The Prairie Box sculpture is outlined with minimal steel framing, recalling its origins as a drawing. The traditional form has been further modified by offering an entrance on every side of the structure, each with its own shade and swing for gathering. The interior of the space remains open to accommodate a variety of activity, performance and play opportunities. Railings line ramp and porch perimeters. Entry to 22.5" painted wood platform via ADA accessible ramp and three sets of l�. Prepared by: Marcia Bollinger, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. 17-241 Resolution allocating human services aid to agencies funding for FYI 8. WHEREAS, the City of Iowa City budgeted for aid to local human services agencies; and WHEREAS, the Housing and Community Development Commission recommended allocations of aid to agencies FY18 funding amongst human services agencies at its January 19, 2017; and WHEREAS, the amount of $376,400 should be budgeted as Aid to Human Services Agencies in the FY18 Budget ($250,000 General Fund, $28,700 Utilities, and $97,700 CDBG). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The funding recommendations from the Housing and Community Development Commission are hereby adopted. 2. The City Manager is hereby authorized to execute agreements for aid to agencies with the organizations identified in Exhibit A, which is attached. Passed and approved this 18th day of 2017. I` 76 . \ , Approved by ATTEST: �j t d ' I CI ERK City Attorney's Office Resolution No. 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 T— Taylor x Thomas Throgmorton Exhibit A Agency Request Recommendation 0.61% Reduction to Agency Funding CDBG Main Priority 4 C's Community Coard. Child Care $ 17,000 $ 15,000 $ 14,909 $ 14,909 High - Child Care Arc of Southeast Iowa $ 15,000 $ - $ - $ - High - Child Care Medium -Disabilltv &Youth Services Big Brothers/ Big Sisters $ 30,000 $ 15,000 $ 14,909 $ 14,909 High- Mental Health Services Crisis Center of Johnson County $ 47,450 $ 40,000 $ 39,756 $ 39,756 High- Homeless Services Domestic Violence Intervention Program $ 50,000 $ 40,000 $ 39,756 $ 35,186 $ 4,570 High- Homeless Services Medium -Domestic Violence & Youth Services Elder Services Inc. $ 75,000 $ 25,000 $ 24,849 $ 24,849 High -Transporation & Mental Health Services Medium - Disablli Health & Senior Services Four Oaks- Pal Program $ 4,000 $ - $ - $ - High -Child Care & Mental Health Services Free Lunch Program $ 16,000 $ 16,000 $ 15,903 $ 15,903 High- Homeless Services Girl Scouts of Eastern Iowa and Western Illinois $ 15,000 $ - $ - $ Medium- Employment Training & Youth Services GrowJohnson County $ 25,000 $ - $ - $ - High - Food Banks Medium - Heahh & Youth Services Handicare Inc. $ 22,000 $ - $ - $ - High- Childcare and Mental Health Services Medium - Disabilit Health &Youth Services Housing Trust Fund of JC $ 24,000 $ 24,000 $ 23,855 $ 23,855 High- Homeless Services IC Free Medical/Dental Clinic $ 20,000 $ 15,000 $ 14,909 $ 14,909 High - Homeless & Mental Health Medium - Health Senior. Substanace Abuse &Youth Services ICCSD Family Resource Centers $ 55,000 $ - $ - $ - High -Homeless Services Inside Out Reentry Community $ 59,168 $ 15,000 $ 14,909 $ 14,909 High - Homeless, Transportation & Mental Health Services Medium- Employ.Trainin& Subsistence Payments, Substance Abuse, Youth S. -i - Iowa Jobs for American's Graduates (!JAG) $ 15,000 $ - $ - $ - Medium- Employment Training & Youth Services Iowa Youth Writing Project $ 18,000 $ - $ - $ - High- Mental Health Services Medium - Youth Services Melrose Daycare $ 15,000 $ - $ $ - High- Childcare Services National Alliance on Mental Illness of JohnsonCounty $ 15,000 $ - $ - $ - High- Mental Health Services Neighborhood Centers ofJC $ 65,000 $ 43,700 $ 43,434 $ - $ 43,434 High- Child Care Services Medium - Em Io ent Tr ining &Youth Services Pathways Adult Day Health Center $ 15,000 $ 15,000 $ 14,909 $ 14,909 High -Mental Health Medium - Disabilit Health& Senior Services Prelude Behavioral Services $ 25,000 $ 15,000 $ 14,909 $ 14,909 High - Food Banks Medium - Health & Substance Abuse Services Rape Victim Advocacy Program $ 20,0130 $ 15,000 $ 14,909 $ 14,909 High- Mental Health Services Medium - Health & Youth Services Shelter House $ 70,000 $ 50,000 $ 49,696 $ - $ 49,696 High -Homeless & Mental Health Services Systems Unlimited $ 15,000 $ - $ - $ High -Mental Health Table to Table $ 10,000 $ - $ - $ - High - Child Care, Food Banks& Homeless Services Medium - Senior, Domestic Violence & Youth Services United Action for Youth $ 43,380 $ 35,000 $ 34,788 $ 34,788 High -Homeless& Mental Health Services Medium - Youth Services Total Request: 1 $ 800,998 1 $ 378,700 1 $ 376,400 $ 278,700 $ 97,700 1llr�� M"14 CITY OF IOWA CIT COUNCIL ACTION REPO 12 July 18, 2017 Consider a Resolution allocating human services aid to agencies funding for FYI 8. Prepared By: Marcia Bollinger, Neighborhood Outreach Coordinator Reviewed By: Tracy Hightshoe, Neighborhood Services Coordinator Doug Boothroy, NDS Director Fiscal Impact: The City budgeted $376,400 in the FY18 budget for financial aid to human service agencies serving Iowa City residents. These funds consist of funds from the General Fund ($250,000), Community Development Block Grant (CDBG) program ($97,700), and utility user fees ($28,700). Recommendations: Staff: Approval Commission: Housing and Community Development Commission — Recommended January 19, 2017 Attachments: Resolution Exhibit A HCDC Minutes Executive Summary: The City annually budgets financial aid to human service agencies serving Iowa City residents. For FY18 the City originally budgeted $378,700 for this purpose. The Housing and Community Development Commission made recommendations based on this budget amount. The U.S. Department of Housing and Urban Development finalized the CDBG award amounts in June. A slight reduction in CDBG funds ($100,000 to $97,700) required that the total CDBG contribution be reduced by $2,300. Each Aid to Agency award was reduced by 0.61%. The attached resolution identifies the revised budget amounts recommended for each agency. Background / Analysis: The City Council directed the Housing and Community Development Commission (HCDC) to review and formulate a funding recommendation for the applications requesting Iowa City funds received under the United Way Joint Funding process. Similar to previous years, Johnson County human service agencies request funding for United Way, Johnson County and the cities of Iowa City and Coralville on this one application. At their January 19, 2017 meeting, the Housing and Community Development Commission (HCDC) developed a funding recommendation to forward to City Council. The minutes are attached. Since that time, the actual CDBG allocation was made requiring a slight reduction to all agencies. HCDC's funding recommendation allowed for an increase or decrease up to 20% before it would need to reconvene regarding the recommendation. Any increase or decrease would be prorated amongst the funded applicants. Exhibit A details the original and adjusted recommendation. Exhibit A Agency Request Recommendation 0.61% Reduction to Agency Funding CDBG Main Priority 4 C's Community Coord. Child Care $ 17,000 $ 15,000 $ 14,909 $ 14,909 High - Child Care Arc of Southeast Iowa $ 15,OD0 $ - $ - $ - High - Child Care Medium -Disability &Youth Services Big Brothers/Big Sisters $ 30,000 $ 15,000 $ 14,909 $ 14,909 High- Mental Health Services Crisis Center of Johnson County $ 47,450 $ 40,000 S 39,756 $ 39,756 High- Homeless Services Domestic Violence Intervention Program $ 50,000 $ 40,000 $ 39,756 $ 35,186 $ 4,570 High- Homeless Services Medium -Domestic Violence & Youth Services Elder Services Inc $ 75,000 $ 25,000 $ 24,849 $ 74,849 High - Transporation& Mental Health Services Medium - Disabili Health & Senior Services Four Oaks - Pal Program $ 4,000 $ - $ - $ - High - Child Care& Mental Health Services Free Lunch Program $ 16,000 $ 16,000 $ 15,903 $ 15,903 High- Homeless Services Gid Scouts of Eastem Iowa and Western Illinois $ 15,000 $ $ - $ - Medium- Employment Training & Youth Services GrowJohnson County $ 25,000 $ - $ - $ - High - Food Banks Medium- Health & Youth Services Handicare Inc. $ 22,000 $ - $ - $ - High -Childcare and Mental Health Services Medium - Disabili Health &Youth Services Housing Trust Fund of JC $ 24,000 $ 74,000 $ 23,855 $ 23,855 High- Homeless Services IC Free Medical/Dental Clinic $ 20,000 $ 15,000 $ 14,909 $ 14,909 High - Homeless&Mental Health Medium - Health Senior Substance Abuse &Youth Services ICCSD Family Resource Centers $ 55,000 $ - $ - S - High- Homeless Services Inside Out Reentry Community $ 59,168 $ 15,000 $ 14,909 $ 14,909 High - Homeless,Transportation& Mental Health Services Medium - Employ.Training, Subsistence Payments, Substance Abuse Youth Sery ce, Iowa Jobs for American's Graduates (iJAG) $ 15,000 $ - $ - $ - Medium- Employment Training & Youth Services Iowa Youth Writing Project $ 18,000 $ - $ - $ - High - Mental Health Services Medium -Youth Services Melrose Daycare $ 15,000 $ - $ - $ - High- Childcare Services National Alliance on Mental Illness of-ohnson County $ 15,000 $ - $ - $ - High- Mental Health Services Neighborhood Centers of JC $ 65,000 $ 43,700 $ 43,434 $ - $ 43,434 High- Child Care Services Medium - Fm to ment Training &Youth Services Pathways Adult Day Health Center $ 15,000 $ 15,000 $ 14,909 $ 14,909 High -Mental Health Medium - Disabili Health & Senior Services Prelude Behavioral Services $ 25,000 $ 15,000 $ 14,909 $ 14,909 High - Food Banks Medium - Health & Substance Abuse Services Rape victim Advocacy Program $ 20,000 $ 15,000 $ 14,909 $ 14,909 High - Mental Health Services Medium - Health & Youth Services Shelter House $ 70,000 $ 50,000 $ 49,696 $ - $ 49,696 High - Homeless& Mental Health Services Systems Unlimited $ 15,000 $ - $ - $ High -Mental Health Tableto Table $ 10,000 $ - $ - $ - High -Child Care, Food Banks& Homeless Services Medium -Senior, Domestic violence & Youth Services United Action for Youth $ 43,380 $ 35,000 $ 34,788 $ 341788 High -Homeless& Mental Health Services Medium -Youth Services Total Request: $ 800,998 $ 378,700 1 $ 376,400 $ 278,700 $ 97,700 MINUTES FINAL HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 19, 2017 — 6:30 PM SENIOR CENTER, ASSEMBLY ROOM MEMBERS PRESENT: Peter Byler, Syndy Conger, Christine Harms, Bob Lamkins, John McKinstry, Harry Olmstead, Dorothy Persson, Emily Seiple, Paula Vaughan MEMBERS ABSENT: None STAFF PRESENT: Kris Ackerson, Tracy Hightshoe OTHERS PRESENT: John Boller (Grow: Johnson County), Joan Vandenberg (ICCSD), Dale Helling (Inside Out Reentry), Tracey Achenbach (Housing Trust Fund), Susan Gray (4C's Community Coordinated Child Care), Stu Mullins (United Action for Youth), Will Jennings (Northside Neighborhood Association), Charlie Eastham (Affordable Housing Coalition), Becci Reedus (Crisis Center of Johnson County), Barbara Vinograde (Iowa City Free Medical Clinic), Kristie Doser (Domestic Violence Intervention Program), Daleta Thamess (Big Brothers Big Sisters of Johnson County), Mary Issah (NAMI of Johnson County), Karen DeGroot (Arc of SE Iowa), Crissy Canganelli (Shelter House), Devon Inman (Elder Services, Inc.), Mike McGinnis, Tracy McGinnis, Albert Prusson RECOMMENDATIONS TO CITY COUNCIL: By a vote of 9-0 the Commission recommends to approve the FY2018 Aid to Agencies allocations as listed in Exhibit A (attached). Additionally, if budget increases or decreases by up to 20%, the difference will be changed by the same percent; and if the change is more than 20%, then the Commission will reconvene. CALL MEETING TO ORDER: Byler called the meeting to order at 6:30 PM. APPROVAL OF THE DECEMBER 15. 2016 MINUTES: Olmstead moved to approve the minutes of December 15, 2016. Conger seconded the motion. A vote was taken and the motion passed 9-0. PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: None. DISCUSS FY2018 AID TO AGENCIES FUNDING REQUESTS AND CONSIDER BUDGET RECOMMENDATION TO CITY COUNCIL: Byler began by thanking everyone from the partner agencies for taking the time to complete the applications thoroughly. Ackerson showed a spreadsheet summarizing the applications. If none of the Commissioners chose to allocate a particular agency, it was not shown on the spreadsheet. Also Ackerson added to the spreadsheet the median for each application, and the total dollar amount of the medians added up is $371,700. The total funding available is $7,000 more than that. Byler noted that there were two agencies with only one or two Commissioner's support. Arc of SE Iowa had one Commissioner's support and NAMI having two. Therefore Byler suggests eliminating those two agencies from consideration as well. Housing and Community Development Commission January 19, 2017 Page 2 of 8 Olmstead asked about agencies that were asking for funding below the $15,000 threshold (Table to Table and Four Oaks). Byler said they will be informed that since their request was less than the threshold they will be eliminated from consideration. Hightshoe noted that the funding threshold is listed on the application instructions. She also announced that the City has not received the CDBG or HOME budget and some of the Aid to Agency is from HOME funds, so the Commission may want to have a contingency plan if the allocation is less. Hightshoe also wanted to clarify the Shelter House application. They applied for $70,000 and $20,000 of that is reserved for the winter shelter. The City will fund the winter shelter outside of the Aid to Agencies process so Shelter House's request is really on for $50,000. Byler notes that looking through the list there are four other agencies that had a median allocation of zero, meaning that there were four or fewer Commissioners that recommended funding for them and suggested the Commission begin by discussing those. Seiple spoke as to her support of the application, saying that as part of her process she divided all the organizations up based on the need they were supporting as several were addressing similar issues. John Boller (Project Director, Grow: Johnson County) came forward to answer questions Byler asked what the total budget of the Grow: Johnson County budget. Boller replied that it is around $73,000 and that is primarily personnel and some administration costs. Byler asked if the major beneficiaries were from Iowa City or other surrounding areas. Boller said they do serve the whole county but there are Iowa City agencies (pantries, Free Lunch Program, Shelter House) that receive the food they are producing. Byler asked if they applied for funding from other organizations as well and Boller replied just the County. Harms noted that the Grow: Johnson County is a young organization and she is partial to start ups and asked Boller how important this money is with regards to their success. Boller explained that it is crucial, they are just starting their second growing season this year, in their first year they had over 12,000 pounds of food that was distributed to 10 different agencies within the County. Personnel is their biggest need to make this a sustainable project. A farm manager that oversees the crop management and an educational director as well conducts workshops, fieldtrips, etc. Vaughan stated she supported this application because she believes in supporting the basic needs of people which are shelter and food. She also noted that since she is retired from the field of nutrition she knows how important the education piece is and that many people do not know how to use the fresh produce that they grow and how important it is for their health. Joan Vandenberg (Coordinator of Youth and Family Development & Co -Director of ICCSD Community Education) stated that the request for $55,000 is for an additional staff position in the Student Family Advocate Program. The ICCSD has Student Family Advocates in every building in the district but some are only part-time. Persson asked why tax money is not being used to support this need. Vandenberg noted that the total Student Family Advocate program is $1.4 million and the focus is education but they also go beyond education for the needs of the homeless kids. She said they help those families obtain housing and they collaborate with other agencies for assistance for the families and getting the students supplies and other necessities (such as immunizations). Persson noted her concerns because she would like to see cooperation with the other agencies so the talents of all the agencies be used together so that requests from the public school district are not necessary. Vandenberg acknowledged Persson's comments but noted that other municipalities give them funds as well. The City of Hills allocates $20,000; the City of North Liberty gives them $55,000; and they are asking the City of Coralville for $55,000, as well. Conger stated her support of this application because she knows how important it is to the community. Byler asked if there was anyone in the School District that had a position like this previously. Vandenberg Housing and Community Development Commission January 19, 2017 Page 3 of 8 said that was a different position and she is currently the homeless liaison for the District so this request is creating a new position. Olmstead asked if they do not receive the funding from here would they be able to hire the position from other funds such as the new bond money. Vandenberg replied no, that bond money has to go to infrastructure, so they would have to look for other District resources, but education dollars are being cut significantly. Seiple asked about clarification about this new position. Vandenberg explained that the homeless liaison position is a federally required position and the homeless liaison develops the system. Vandenberg works out of the Education Service Center, administers the professional development and resources, provides training, but does not provide case management. This new position would provide case management. Dale Hailing (Volunteer and member of the Board of Directors) stated that the request for the $59,000 is more than 100% of their current budget, and they have requested a lesser amount from Coralville. They serve all of Johnson County and hope to expand and hire a staff person to coordinate the mental health needs for people that come through and partner with the appropriate agencies to help. They went from serving eight people in 2015 to about ninety in 2016. Most of the people they assist either have substance abuse or mental health issues. This organization is only two years old and will take whatever they can get to increase their half-time director to three-quarter time. Halling explained that they submitted an application through the Human Rights Commission for software, it was for $3,000 for two computer stations for the participants to use to look for housing and employment, so that was not part of this Commission's application. Byler asked why this organization was created and could the services not be obtained through another already existing organization. Halling explained that this organization fills a gap that is not handled within the criminal justice system. People coming out of incarceration often are at a lost at where to turn next as not all are put on probation or parole so have no assistance or supervision. Persson stated she is pleased with the medians recommendations and noted that with ever shrinking budgets it is important to look at startups and see if they are proliferating funds from an already existing agency that provides the same services. Additionally with regards to the public schools, she is offended that her tax dollars do not go to support those resource centers, and the public should be telling their School Board that those resources are part of education. Byler noted that he was under the impression that the Reentry program was something that the government was working on but sees now there is a gap that exists. He also supported the ICCSD but understands how others feel and is comfortable taking that one off the list for allocations this year. Conger noted that while everyone else allocated to Big Brothers Big Sisters she did not because while it is a great organization it has lots of support from other entities (United Way) and does lots of fundraising. Seiple reiterated that the Grow: Johnson County organization does partner with other agencies, they work with the Free Lunch Program and not only are they growing the food they are teaching people how to do so also and feels they are bringing something new to the community. Tracey Achenbach (Housing Trust Fund) came forward to answer questions from the Commission. Byler asked given that the Housing Trust Fund has had an influx of money this year, and this year they again requested $24,000 (as they do every year) so could she explain what would happen if that amount were less. Achenbach explained that the money the Housing Fund received from both the County and the Cityjust flows through the organization to support others; it is not used to support the operations of the Housing Fund. Vaughan questioned the 4C's request and what the 10 sessions the money would fund. Susan Gray (Director, 4C's Community Coordinated Child Care) is for the Starting Strong program and this is the first year they are asking for funding for it. Prior they had used entitlement funding from the Housing and Community Development Commission January 19, 2017 Page 4 of 8 County to support it. It started with five childcare providers that they help get started and set up so they are ready for children. With the funding they have received in this past year, they have been able to work with 20 childcare providers and all are providers where 50% of the children are receiving assistance. The request for this year is for 10 childcare programs, to pay for visiting them, take in activities and help them structure their program. They would also pay the providers to attend trainings (CPR, First Aid, etc.) They are also asking Johnson County to pay for 20 programs, so they can assist a total of 20. Vaughan asked how many children would be in the 10 programs. Vaughan questioned the high rate of staff turnover (30%) and if they are doing anything to prevent that. Gray explained that is the childcare provider turnover rate in the centers, not the 4C's turnover rate. Most childcare providers are paid minimum wage with no benefits so that is why there is high turnover. Vaughan also questioned the budget for United Action for Youth, the total budget was $1,489,000 and it appeared there was a balance of $1,700,000 so perhaps they are in better shape than other programs. Stu Mullins (Executive Director, United Action for Youth) explained that they are trying to build up their safety net in these rocky budget times. There have been a series of years when they have had major expenditures and no cushion. They also have to match many of the grants they receive, which can be tough. Persson asked whether Grow; Johnson County or Inside Out Reentry have done fundraising. Boller stated that Grow: Johnson County has done various fundraising activities and reached out to many for assistance. He did add he would be uncomfortable if funding to his organization came because of another organization losing funding. Helling also stated that Inside Out Reentry has looked to several organizations for funding and support. They have been successful getting a small grant from the Johnson County Foundation and the Housing Trust Fund to help with rents. They also have done mailing and intemet fundraising campaigns. The Commission discussed the median allocations and decided to lower the allocation for Big Brother Big Sisters by $5,000 and United Action for Youth by $3,000. That $8,000 plus the $7,000 available allows for an allocation of $15,000 to Inside Out Reentry. Olmstead moved to approve the FY2018 Aid to Agencies allocations as listed in Exhibit A (attached). Harms seconded the motion. A vote was taken and the motion carried 9.0. Byler suggested that if the adjustment is 20% or less it is adjusted across the board, if more than 20% the Commission reconvenes to discuss. Lamkins moved that if a plus or minus adjustment of 20% is spread evenly amongst recipients, if more than 20% the Commission will reconvene. Persson seconded the motion. A vote was taken and the motion carried 9-0. DISCUSS CRITERIA USED IN THE AFFORDABLE HOUSING MODEL: Byler stated that he and Ackerson met to discuss whether the location model was still serving its purposes and it seemed the consensus at the last Commission meeting was the current model is overly restrictive and not fulfilling the goals to not further exasperate concentration of areas of poverty. Ackerson explained that after the last meeting he began to go through the GIS data that could be used to shrink the areas that could be used for new rental housing projects. The five criteria he came up with are: bus routes and/or stops; parks; trails; employers; and Quick Care or Mercy Care. Ackerson said if there is a consensus to add these criteria, or some of them, there would be a need to adjust the weighting of the systems existing factors. Even if the Commission decides not to add any new factors, they could just adjust the weights of the current criteria. Persson asked if any community groups have been asked what concerns them or what criteria they feel is necessary, or if they are content with the current system. Ackerson replied that he did not do any outreach to organizations. Housing and Community Development Commission January 19, 2017 Page 5 of 8 Byler noted that this conversation began in an effort to get more areas added to zones that could have low-income housing. To be eligible an area has to meet certain criteria, and perhaps adding additional criteria will make more areas eligible. The one thing that won't change, no matter what the criteria, is that a piece of land immediately adjacent to an affordable rental will never be eligible. Olmstead agreed that adding criteria, especially bus routes, are a good idea but it also depends on the hours of operations for the buses. If the person in that neighborhood is working a second or third shift that criteria may not be of value. Hightshoe noted that Staff has talked with a few of the providers such as the Housing Coalition and they are interested in having more areas available to have affordable housing. Seiple added that employers in the area should be criteria, there are certainly gaps in the transit system but it does help. Hightshoe questioned what constitutes an employer, if a gas station would suffice, or does it have to be an employer with a minimum number of employees. That could make a difference in the weight of the criteria. Seiple shared with the Commission the research she did, beginning with the model the State uses and that the size of the employer does affect the weight of that criterion. Byler asked if the Commission agrees that the criteria of bus stops and employers should be added. Lamkins said perhaps they could add criteria incrementally to make more areas available, and it is logical to start with transportation and employment. Byler stated his opinion that distance to existing assisted rental housing should be taken down on the priority list, elementary school free & reduced lunch rate should be taken up on the priority list, and transportation and employment -based criteria should be added. Ackerson noted he failed to add to the proposed list the number of rental permits in an area, which was brought up at the last meeting as a factor. Conger suggested that the school and free & reduced lunch rate not just be switched with distance to existing rental housing in weighting. The Commission discussed all the criteria and what they meant so to better understand if the current criteria weights should be adjusted. Persson asked if any other models were available to reference. Seiple found a model from Raleigh North Carolina and their criteria was basically if it were a majority or minority neighborhood, or if the population had 30% or more living below the poverty level. Ackerson, Hightshoe and Byler will work on creating a few options with new criteria and weighting models to be shared at the next meeting for discussion. Will Jennings (Northside Neighborhood Association) has lived in Iowa City since 1975 and suggests that when looking at bus routes and/or stops that there are distinct differences in primary bus routes with multiple options for connections. Not all bus stops are equal. He also spoke about the distance to existing rental housing and that disbursement was a positive thing, especially in his neighborhood (being so close to campus and student housing). Programs like UniverCity have helped tremendously to get owner - occupied homes in their neighborhood, which has increased the community within their neighborhoods and would not want to see that diminished with more rental housing. Charlie Eastham (Affordable Housing Coalition) hopes that whatever model the Commission arrives at does decrease the amount of parcels in the City that are not available for affordable housing. The current map has been a huge impediment to most low-income housing providers and families. OVERVIEW OF HOUSING PRO FORMA TEMPLATE: Byler suggested deferring this item until the next meeting Housing and Community Development Commission January 19, 2017 Page 6 of 8 CONSIDER AMENDMENTS TO THE HCDC BYLAWS TO BE VOTED ON AT FEBRUARYHCDC MEETING: Byler explained the change is due to HCDC appointments by city council moving to June, the HCDC Bylaws should be amended to show the Commission Chair and Vice Chair will be selected in July, rather than September. UPDATE FROM HOMEBUILDER INPUT SUB -COMMITTEE Byler said the sub -committee has not met yet, he is working to coordinate the meeting with the Homebuilders Association. The Administrator for the Homebuilders Association is focused on having an affordable housing bus tour and after that they will meet. Hopefully that will happen in March. STAFF/COMMISSION COMMENT: Ackerson also mentioned that there was a project recently approved on Hwy 6 and Gilbert Street for a workforce housing development. There will be 20-30 efficiencies constructed initially but the complete project will be over 300 units. ADJOURNMENT: Olmstead moved to adjourn. Seiple seconded the motion. Meeting adjourned Housing and Community Development Commission January 19, 2017 Page 7 of 8 Exhibit A Agency FY1S Request HCDC Recommendation 4 C's Community Coord. Child Care $17,000 $15,000 Arc of Southeast Iowa $15,000 $ - Big Brothers/ Big Sisters $30,000 $15,000 Crisis Center of Johnson County $47,450 $40,000 Domestic Violence Intervention Program $50,000 $40,000 Elder Services Inc. $75,000 $25,000 Four Oaks - Pal Program $4,000 $ - Free Lunch Program $16,000 $16,000 Girl Scouts of Eastern Iowa and Western Illinois $15,000 $ - Grow: Johnson County $25,000 $ - Handicare Inc. $22,000 $ - Housing Trust Fund of JC $24,000 $24,000 IC Free Medical/Dental Clinic $20,000 $15,000 ICCSD Family Resource Centers $55,000 $ - Inside Out Reentry Community $59,168 $15,000 Iowa Jobs for American's Graduates (iJAG) $15,000 $ - Iowa Youth Writing Project $18,000 $ - Melrose Daycare $15,000 $ - National Alliance on Mental Illness of Johnson County $15,000 $ - Neighborhood Centers of JC $65,000 $43,700 Pathways Adult Day Health Center $15,000 $15,000 Prelude Behavioral Services $25,000 $15,000 Rape Victim Advocacy Program $20,000 $15,000 Shelter House $70,000 $50,000 Systems Unlimited $15,000 $ - Table to Table $10,000 $ - United Action for Youth $43,380 $35,000 Total Request: $800,995 $378,700 Housing and Community Development Commission Attendance Record Name Terms Exp. 2/18 3/10 4/21 5/19 6/16 8/18 9/15 10/2011/1712/15 1/19 Byler, Peter 7/1/17 X X X X X X X X X X X Conger, Syndy 7/1/18 X O/E X O/E O/E X X O/E X X X Harms, Christine 7/1/19 --- --- --- X X X X X X X X Lamkins, Bob 7/1119 X X O/E X O/E O/E X O/E X O/E X McKinstry, John 7/1/17 --- --- --- X X O/E O/E X X X X Olmstead, Harry 7/1/18 X X X X X X X O/E X X X Persson, Dottie 7/1/17 O/E X O/E X X X X X X X X Seiple, Emily 7/1/18 X X X X X X X X X X X Vaughan, Paula 7/1/19 --- --- --- X X O/E X X X Kev: X = Present O = Absent O/E = Absent/Excused --- = Vacant