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HomeMy WebLinkAbout2018-03-20 ResolutionzC(_1) Prepared by: Joseph Welter, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 Resolution no. 18-65 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Iowa City Landfill and Recycling Center Cell FY18 Construction Project Whereas, JB Holland Construction, Inc. of Decorah, Iowa has submitted the lowest responsible bid of $1,353,630.23 for construction of the above-named project; and Whereas, the bid includes the base bid and Alternates # 3A, 3B, and 4; and Whereas, funds for this project are available in the Landfill Cell Design and Construction account # L3331. Whereas, the City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above- named project. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The contract for the construction of the above-named project for the base bid plus Alternates # 3A, 3B, and 4 is hereby awarded to JB Holland Construction, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign the contract for construction of the above-named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 20th day of March , 2018 /Appjoved by • -a G 'a:�Ly Attes Ci Clerk S City Attorney's Office It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were Ayes: P X X X X X X Nays: Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton r 1 CITY OF IOWA CIT COUNCIL ACTION REP2c,1� O March 20, 2018 Resolution awarding contract and authorizing the Mayor to sign and City Clerk to attest a contract for construction of the Iowa City Landfill and Recycling Center Cell FY18 Construction Project. Prepared By: Joseph Welter — Senior Civil Engineer Reviewed By: Jason Havel — City Engineer Alternates 3A, Jennifer Jordan — Resource Management Superintendent City Ron Knoche — Public Works Director 3B, and 4 Geoff Fruin — City Manager Fiscal Impact: The contract amount is $1,353,630.23 and will be funded with the $11,881.00 Landfill Cell Design and Construction, Account # L3331 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Plans, Specifications, Form of Agreement and Estimate of Cost for the Iowa City Landfill and Recycling Center Cell FY18 Construction Project were approved at the February 20, 2018 Council Meeting. The engineer's estimated costs for construction is $1,565,000. Three (3) bids were submitted prior to the March 13, 2018 deadline. Staff recommends including the following alternate bid items with the base bid items: • ALT -3A, Camera Interior Leachate Transmission Line — Mobilization • ALT -313, Camera Interior Leachate Transmission Line • ALT -4, LPZ-06R Toe Drain Installation and Connection The three (3) bids (including Alternate Bid Items 3A, 3B, and 4) were as follows: Alternates 3A, Bidder Name City Base Bid 3B, and 4 • JB Holland Construction, Inc. Decorah, Iowa $1,341,749.23 $11,881.00 • Connolly Construction, Inc. Peosta, Iowa $1,627,315.34 $20,226.50 • Steger Construction, Inc. Dyersville, Iowa $1,640,494.78 $27,240.00 JB Holland Construction, Inc. of Decorah, Iowa submitted the lowest responsible bid of $1,353,630.23 for the base bid items and Alternate Bid Items 3A, 3B, and 4. Staff recommends awarding the contract for the Iowa City Landfill and Recycling Center Cell FYI Construction Project to JB Holland Construction, Inc. r 1 CITY OF IOWA CITY -r �, COUNCIL ACTION REPORT Background I Analysis: This project involves the construction of a new 7.2 -acre landfill cell, providing approximately 5.5 additional years of space. It is estimated the current landfill cell has approximately one year of life remaining. The new cell will be located to the north of the most recent active cell on the landfill site. The footprint for the new cell was excavated with the previous cell excavation and the access road was also established as part of the previous project. A portion of the drainage system (manholes) are also already in place. The estimated construction cost for the project is $1,565,000, and will be funded with Landfill revenues. Project Timeline: The working days for the project are set at 60 days and it is anticipated that construction will be completed by October 31, 2018. There is a late start date of July 30, 2018. 1-�, C--(() NOTICE TO BIDDERS IOWA CITY LANDFILL AND RECYCLING CENTER CELL FY18 CONSTRUCTION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 13'" day of March, 2018. Sealed proposals will be opened immediately thereafter. 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 2V' day of March, 2018, or at special meeting called for that purpose. The Project will involve the following: construction of an approximately 7.2 -acre lined landfill cell at the Iowa City Landfill and Recycling Center located at 3900 Hebl Avenue Southwest in Iowa City, including grading and general fill; installation of a groundwater under -drain; placement of compacted clay fill; aggregate (washed sand and river gravel) purchase, shipping, and installation; purchase, shipping, and installation of Flexible Membrane Liner (FML) and geotextile; purchase and installation of High Density Polyethylene (HDPE) piping; seeding, mulching, and fertilizing; construction staking, and other miscellaneous work, including connecting the newly installed infrastructure to existing infrastructure. All work is to be done in strict compliance with the plans and specifications prepared by Barker Lerner Engineering Consultants, of West Des Moines, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and 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. The City shall retain the bid security furnished by the successful bidder until the approved contract form has been executed, a bond has been filed by the bidder guaranteeing the performance of the contract, and the contract and bond have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. 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 two (2) year(s) from and after its completion and formal acceptance by the City Council. AF -1 The following limitations shall apply to this Project: Working Days: 50 Specified Start Date: at Contractor's discretion Specified Completion Date: October 31, 2018 Liquidated Damages: $ 1,250 per day beyond the October 31, 2018 completion date 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 the Office of 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 $20.00 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, by bona fide bidders. The deposit will be refunded to plan holders who return the bidding documents in good condition within 15 days after receipt of bids. A pre-bid meeting will be held at 10:00 AM on March 6, 2018 at the Iowa City Landfill and Recycling Center office, 3900 Hebl Avenue SW, Iowa City. Attendance at the pre-bid conference is encouraged but not required. A $75.00 fee is required for each set of the Project Manual and Drawings provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. The fee is refundable if returned within 14 days of award of the project by City Council in re- usable condition. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa KELLIE FRUEHLING, CITY CLERK AF -2 2c (2) Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 18-66 Resolution accepting the work for the Iowa City Parking Garage Maintenance Program and Bridge Repair 2017 Project WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Parking Garage Maintenance Program and Bridge Repair 2017 Project, as included in a contract between the City of Iowa City and Western Specialty Contractors of West Des Moines, IA, dated April 4, 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 the Parking Facility Restoration Repair account # T3004 and the Annual Bridge Maintenance and Repair account # S3910; and Whereas, the final contract price is $571,505.00. 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 20th day of March , 2018 M or Atte4cy G <` lerk Approved by City Attorney's Office It was moved by sotchwav and seconded by Mims adopted, and upon roll call there were: Nays: Absent: the Resolution be Botchway Cole Mims Salih Taylor Thomas Throgmorton I r CITY O F 1 O WA CI oa_2o-ie -r� COUNCIL ACTION REPO 2c`2' March 20, 2018 Resolution accepting the work for the Iowa City Parking Garage Maintenance Program and Bridge Repair 2017 Project. Prepared By: Brett Zimmerman - Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: The final contract price for this project is $571,505.00 Recommendations: Staff: Acceptance Commission: N/A Attachments: Resolution Executive Summary: This project has been completed by Western Specialty Contractors of West Des Moines, Iowa in substantial accordance with the plans and specifications. The Engineers Report and Performance and Payment bonds are on file with the City Clerk. Project Estimated Cost: $ 540,500.00 Project Bid Received: $ 571,505.00 Project Final Cost: $ 571,505.00 Background / Analysis: This project included maintenance repairs on four City operated garages and one bridge. • Dubuque Street Ramp: Minor concrete, waterproofing, and traffic membrane recoating efforts. • Capitol Street Ramp: expansion joint replacements and repairs, along with waterproofing efforts in the SE and SW stair towers. • Chauncy Swan Garage: Concrete repairs and expansion joint replacement at the bridge entrance and exit to the garage off College Street, roof system replacement, and waterproofing and interior refinishing efforts at the NW and SW stair towers. • Tower Place Garage: expansion joint repairs and traffic membrane strip installations. • College Street Bridge: concrete repairs and expansion joint replacement. This work was completed as part of the annual parking garage maintenance program which ensures their safe and efficient operation. ENGINEER'S REPORT March 13, 2018 City Clerk Iowa City, Iowa CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org Re: Iowa City Parking Garage Maintenance Program and Bridge Repair 2017 Project Dear City Clerk: I hereby certify that the Iowa City Parking Garage Maintenance Program and Bridge Repair 2017 Project has been completed by Western Specialty Contractors of West Des Moines, Iowa in substantial accordance with the plans and specifications prepared by THP Limited, Inc., of Cincinnati, Ohio. The project was bid as a unit price contract and the final contract price is $571,505.00. There was a total of three (3) change or extra work orders for the project. Change n-4—, Description Total Cost 1. Capital Garage and Chauncy Garage shallow $ 19,419.00 concrete floor repairs and joint edge repairs 2. Capital Garage shallow concrete floor repairs, $ 57,167.70 Chauncy Garage tee joint sealant replacement, contingency for waterproofing. 3. Capital Garage tee joint sealant replacement $ 48,008.70 and contingency for Tower Garage stair coating efforts. Total $ 124,595.40 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, % Jason Havel City Engineer Zc ( 3) Prepared by: Jason Reichert, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416 Resolution No. 18-67 Resolution accepting the work for the 2017 Sewer Rehabilitation Project Whereas, the Engineering Division has recommended that the work for construction of the 2017 Sewer Rehabilitation Project, as included in a contract between the City of Iowa City and Municipal Pipe Tool Company of Hudson, Iowa, dated October 17, 2017, 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 Annual Sewer Repair account #V3101; and Whereas, the final contract price is $293,422.71. 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 20th day of March , 2018 MYYor Attest: t- 4 Cit Clerk Approved b City Attorney's Office It was moved by Botchway and seconded by Mims adopted, and upon roll call there were: Ayes: Nays: Absent: the Resolution be Botchway Cole Mims Salih Taylor Thomas Throgmorton CITY OF 1 0 WA CIT 03-20-18 COUNCIL ACTION REPO 2c(3) March 20, 2018 Resolution accepting the work for the 2017 Sewer Rehabilitation Project Prepared By: Jason Reichart - Civil Engineer Reviewed By: Jason Havel - City Engineer ❖ Geoff Fruin - City Manager Fiscal Impact: None Recommendations: Staff. Approval $ Commission: N/A Attachments: Resolution, Engineer's Report Executive Summary: The 2017 Sewer Rehabilitation Project has been completed by Municipal Pipe Tool Company of Hudson, Iowa, in substantial accordance with the plans and specifications prepared by AECOM, of Des Moines, Iowa. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. ❖ Project Estimated Cost: $ 335,000.00 ❖ Project Bid Received: $ 241,440.55 ❖ Project Actual Cost: $ 293,422.71 One change / extra work order was approved for the project that corrected plan quantity errors and added approximately 2,500 linear feet of CIPP lining. Background / Analysis: The 2017 Sewer Rehabilitation Project consists of Cured in Place Pipe (CIPP) lining of approximately 8,500 linear feet of various sized sanitary sewer pipe at 12 locations throughout Iowa City. The project also included manhole lining and repairs. + y�®ice- �_ 1l 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 March 13, 2018 City Clerk Iowa City, Iowa Re: 2017 Sewer Rehabilitation Project Dear City Clerk: I hereby certify that the 2017 Sewer Rehabilitation Project has been completed by Municipal Pipe Tool Company of Hudson, Iowa, in substantial accordance with the plans and specifications prepared by AECOM, of Des Moines, Iowa. The project was bid as a unit price contract and the final contract price is $293,422.71. One (1) change / extra work order was approved for the project as follows: Correct plan quantity errors and add additional lining quantity $83,617.92 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, 'j�;2 /''C Jason Havel City Engineer 2-(-(4) Prepared by; Jason Reichert, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5416 Resolution No. 18-68 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest Amendment No. 1 to the September 19, 2017, agreement by and between the City of Iowa City and HR Green, Inc. to provide engineering consultant services for the Idyllwild Stormwater Drainage Diversion Project. Whereas, the City and Consultant entered in to a Consultant Agreement on or about September 19, 2017, for the Idyllwild Stormwater Drainage Diversion Project, which was to evaluate the results of the 2016 Idyllwild Drainage Diversion Study to determine the best alternative and develop preliminary pump station design for the Idyllwild Flood Mitigation System; and Whereas, the City now desires to further broaden the scope of services to be performed by the Consultant to provide additional geotechnical field work and hydraulic modeling; and Whereas, existing studies and geotechnical reports do not offer enough information to complete a seepage analysis of the existing Idyllwild flood protection berm; and Whereas, the City would also like to evaluate existing hydraulic calculations for the Louis Park Condominiums stormwater detention basin and update the current hydraulic model of the Idyllwild watershed to reflect the existing conditions; and Whereas, the City of Iowa City has negotiated Amendment No. 1 to the September 19, 2017 Agreement for said consulting services with HR Green, Inc., to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with HR Green, Inc.; and Whereas, funds for this project are available in the Other PW - Phase 1 account # P3976; Now, therefore, be it resolved by the city council of the City of Iowa City, Iowa, that: 1. Amendment No. 1 to the Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Amendment No. 1 to the Consultant's Agreement. Passed and approved this 20th day of march , 2018. MaVor Approved by Resolution No. 18-68 Page 2 1 Aaes Cit Clerk City Attorney's Office It was moved by Botchway and seconded by Mims adopted, and upon roll call there were: Ayes: i� Nays: Absent: the Resolution be Botchway Cole Mims Salih Taylor Thomas Throgmorton Consultant Agreement Idyllwild Stormwater Drainage Diversion Project Amendment No. 1 This Amendment No. 1 to the September 19, 2017, Consultant Agreement for the Idyllwild Drainage Diversion Project, hereinafter referred to as the Project, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and HR Green, Inc., of Cedar Rapids, IA hereinafter referred to as the Consultant, is made and entered into this 20th day of March 12018 Whereas, the City desires to broaden the original scope of services to be performed by the Consultant to provide additional geotechnical field work and hydraulic modeling; and Whereas, existing studies and geotechnical reports do not offer enough information to complete a seepage analysis of the existing Idyllwild flood protection berm; and Whereas, the City would also like to evaluate existing hydraulic calculations for the Louis Park Condominiums stormwater detention basin and update the current hydraulic model of the Idyllwild watershed to reflect the existing conditions; and Whereas, the Consultant is willing to perform these additional services for an increase in their fee and extension of the schedule of completion. Now Therefore, it is agreed by and between the parties hereto that the parties do now agree to the following amendments to the September 19, 2017 Consultant Agreement: I. Scope of Services Consultant agrees to perform the following additional services for the City, and to do so in a timely and satisfactory manner. Consultant shall perform geotechnical engineering services for a seepage analysis of the existing flood protection berm designed by Hart -Frederick Engineers surrounding the property owned by the Idyllwild Homeowner's Association north of Taft Speedway, which service shall include: B.6 Geotechnical Seenage Investigation and Analysis Conduct four (4) soil borings along the existing berm centerline through to bedrock, sampling continuously for the initial ten (10) feet and then at intervals of five (5) feet thereafter. Collect soil samples to be tested and classified by a geotechnical engineer. Conduct laboratory testing to determine: water content, dry density and unconfined compressive strength; additional tests may include hand penetrometer tests, Atterberg (liquid and plastic) limits, organic content, grain size analysis, permeability tests, and standard Proctor moisture -density relationship. Prepare a geotechnical engineering report that includes boring logs with field and laboratory data, stratification data, groundwater levels, site and boring location plans, a description of the subsurface conditions and seepage analyses of the existing flood berm for the 1% (100 -year) flood design event at two (2) selected cross-sections. Provide cursory discussion of potential improvements if analyses indicate unsatisfactory performance during the design flood event. Formal geotechnical engineering -2 - recommendations for potential improvements are not included in the current scope of services, but can be provided through a supplemental agreement. Sub -Consultant will survey the four (4) soil boring locations to provide horizontal and vertical data for inclusion in the geotechnical engineering report and design plans. The City is responsible for arranging access to the site by the property owner(s) prior to field exploration, in a timely manner to allow Consultant to complete the tasks as shown in the Time of Completion below. Consultant shall perform hydraulic modeling to add the Louis Park Condominiums storm water basin to the XP-SWMM model with data provided by the City and to evaluate downstream impacts to the overall system, which service shall include: D.1 Additional Hydraulic Modeling Review existing hydrology and hydraulic calculations completed by MMS for the Louis Park Condominiums stormwater detention basin, and incorporate existing stormwater infrastructure (storage component and outlet restriction) into Idyllwild XP-SWMM models (existing/proposed scenarios). Re -run existing/proposed XP-SWMM model scenarios and review results to investigate impact of the existing Louis Park Condominiums stormwater detention on the existing/proposed scenarios. Revise original stormwater technical memo in light of any modifications to the recommended solution. The following services are not included in this Supplemental Agreement. If it is determined that any such services are necessary and they have been authorized in writing prior to performance of such additional services, the Consultant shall fumish the services or obtain them from a sub - Consultant: 1. Site repair due to driving and operating soil boring equipment on the project site, including the replacement of turf grass, re -seeding, site stabilization, ground surface smoothing and off-site disposal of excess auger cuttings. 2. Geotechnical engineering recommendations for improvements to the existing flood berm to address or mitigate any deficiencies identified during the geotechnical seepage analysis. 3. Additional geotechnical investigations or analyses not included within the scope of services including, but not limited to stability analyses. II. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Milestone Original Revised —Amend. 1 NTP 09/19/17 March 20, 2018 Additional Modeling April 3, 2018 (2 weeks from NTP) Geotech Report May 1, 2018 (6 weeks from NTP) Preliminary Plans 11/17/17 June 19, 2018 (13 weeks from NTP) Check Plans 01/05/18 August 7, 2018 (20 weeks from NTP) Final Bid Documents 02/09/18 September 11, 2018 (25 weeks from NTP) -3 - III. Compensation for Services In consideration for the above-described change to the Scope of Services, the Consultant's total hourly not -to -exceed fee is increased for the performance of the Scope of Services, as amended, by $20,906.00, including any authorized reimbursable expenses, pursuant to the Schedule of Fees attached to the September 19, 2017 Consultant Agreement. IV. Miscellaneous All other provisions of the September 19, 2017 Consultant Agreement, not specifically amended herein shall remain in full force and effect. For the City By: v Title: Mayor Mayor Date: March 20, 2018 Attes • e,� PWV0"5kun8egMU= For the Co tant B TRIP - Date: 3�/ ZA4 Approved by: �� City Attorney's Office 3�fy/ Date I r ' CITY OF IOWA CIT 03.20-18 -r� COUNCIL ACTION REPO 2c`4' March 20, 2017 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest Amendment No. 1 to the September 19, 2017, agreement by and between the City of Iowa City and HR Green, Inc. to provide engineering consultant services for the Idyllwild Stormwater Drainage Diversion Project. Prepared By: Jason Reichart- Civil Engineer Reviewed By: Jason Havel - City Engineer Geoff Fruin - City Manager Fiscal Impact: $20,906 available in the Idyllwild Drainage account #P3976 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The City requested HR Green to determine what impacts, if any, river flooding has on the Idyllwild ponds. HR Green reviewed existing geotechnical reports and found that they did not offer enough information to complete a seepage analysis of the existing Idyllwild flood protection berm. After reviewing the 2016 Idyllwild Drainage Diversion Study and initial modeling of the watershed, the consultant raised additional questions about existing stormwater detention in the northwestern portion of the Idyllwild watershed, and how it may impact the model. The City provided additional design / construction documents for said stormwater detention and asked HR Green to review these documents and update the current hydraulic model to reflect the existing conditions. The City now desires to further broaden the scope of services to be performed by the Consultant to provide additional geotechnical field work and analysis, and hydraulic modeling. Background / Analysis: The City entered into a Consultant Agreement with HR Green, Inc. on September 19, 2017, for the Idyllwild Stormwater Drainage Diversion Project. This agreement authorizes HR Green, Inc. to evaluate the results of the 2016 Idyllwild Drainage Diversion Study to determine the best alternative, develop preliminary pump station design for the Idyllwild Flood Mitigation System, prepare preliminary and final design for the desired alternative, and provide bidding and limited construction phase services for the Idyllwild Drainage Diversion Project. The project includes the construction of new storm sewer under Foster Road and a stormwater bypass along the west side of No Name Road to the Iowa River. The project will also evaluate pumping requirements for the Idyllwild Subdivision. Should a permanent pump station be pursued as part of this project, financial contributions have been previously pledged by Idyllwild neighborhood and the Forest View development team. Prepared by: June Nasby, Buyer II, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5076 Resolution No. 18-72 Resolution authorizing the award of a contract for the supply of prefabricated bus shelters Whereas, the City's Purchasing Division issued a Request for Proposal (RFP) for the supply of up to thirty (30) prefabricated bus shelters on September 12, 2017; and Whereas, the City received three proposals in response to the RFP; and Whereas, an evaluation committee composed of staff from the Transportation Services department reviewed and scored the proposals and selected Brasco International, Inc., of Madison Heights, Michigan; and Whereas, the City's purchasing policy requires City Council to approve purchases for commodities and services over $150,000; and Whereas, the City expects to spend $150,000 in the first contract year, and $50,000 in the second year making the total purchase price for the first two years of the contract approximately $200,000; and Whereas, funds for this purchase are available in the Transportation Services department's operating budget under account #71810925 - 473010; and Whereas, approval of this purchase 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 whatever steps are necessary to effectuate future agreement renewals. Passed and approved this 20th day of March , 20 18 MAYOR Approved by ATTEST• I PCP/�a CCLERK CityAttorney's Office Resolution No. Page 2 It was moved by Rotchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton 4` N CITY OF 1 O WA CIT a, -Z0_18 COUNCIL ACTION REPO 2c�5' March 20, 2018 Resolution authorizing the award of a contract for the supply of prefabricated bus shelters Prepared By: Darian Nagle-Gamm, Director of Transportation Services June Nasby, Buyer II Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: The total cost of the project will be approximately $200,000. Approved in the CIP as project T3059 and the funding is from Transit Operations. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution, photographs of sample shelters Executive Summary: To improve the level of service for transit riders, Transportation Services seeks to expand the number of stops with bus shelters and replace shelters that are in poor condition. Background / Analysis: On September 12, 2017 a Request for Proposal (RFP) was administered by the City's Purchasing Division for the supply of up to thirty (30) prefabricated bus shelters. $150,000 is budgeted for the project in FY18 with an additional $50,000 budgeted in FY19, totaling $200,000. The City received three (3) proposals in response to the RFP. Proposals were distributed to an evaluation committee, which consisted of representatives from Transportation Services management staff. The evaluation committee performed a thorough evaluation of each proposal based on the following categories: specifications, references, delivery timeframe, and price (including accessories). After a complete evaluation of the proposal and follow-up questions, the evaluation committee recommends Brasco International, Inc. of Madison Heights, Michigan to receive the contract award to provide prefabricated bus shelters. Staff anticipates that the purchased shelters will replace approximately four to seven existing structures and the balance of the new shelters will be installed throughout the community. Locations and specifications for new shelters will be determined by evaluating transit stop/route ridership, site-specific conditions, requests for facilities, frequency of stops, and surrounding land uses or facilities. Once the priority locations have been determined, staff will use site specific conditions to determine shelter specifications. Shelters will arrive prefabricated and Transportation Services staff will perform assembly and installation, including concrete work. While the price varies by specification, the cost for an average 8 foot by 10 foot shelter without lighting (including bench and trash can) installed with a concrete pad is approximately $6,870, while the same shelter with solar lighting will cost approximately $8,145. This means that approximately 18-22 new shelters r CITY OF IOWA CITY -r� COUNCIL ACTION REPORT will be installed in 2018 with an additional 6-7 shelters installed in 2019, for a total of 25-30 new shelters. If additional accessories (such as media displays) are desired, or significant accessibility or concrete work is required we can expect the costs to increase somewhat. The prefabricated shelters are expected to arrive in June or July. Staff estimates it will take approximately a week to assemble and install each new shelter, including concrete work. The first round of new shelters is expected to be completely installed by November. The remaining shelters are expected to be installed in the spring of 2019. II I II �� IIII��I 1111111:;;;,!At �„ 1 t' t oflw � E 14 N { r= S 6 mum= 7--.. �� if7fL �I 4 Prepared by: June Nasby, Buyer II, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5076 Resolution No. 18-73 Resolution authorizing the award of a contract for recycling processing services Whereas, the City's Purchasing Division issued a Request for Proposal (RFP) to provide recycling processing services on December 11, 2017; and Whereas, the City received three proposals in response to the RFP; and Whereas, an evaluation committee composed of staff from the Public Works Department reviewed and scored the proposals and selected Paper Recovery Company, of Iowa City, IA; and Whereas, the City works with a recycling processing vendor to accept, sort and sell the materials; and Whereas, it is the intent of the City to maximize the diversion of clean recyclable materials from the Iowa City waste stream via legitimate recycling markets; minimize the residual material landfilled after processing; form a cooperative partnership with Paper Recovery Company to maximize public education, community outreach and other activities; maximize per -ton revenues derived from the sale of the recyclable materials and minimize transportation and overall costs; and Whereas, the City's purchasing policy requires City Council to approve purchases for commodities and services over $150,000; and Whereas, over the course of the five-year contract term, the City expects to spend $150,000 each contract year, making the total purchase price for the first five years approximately $750,000; and Whereas, funds for this purchase are available in the Resource Management Division's operating budget under account #74740140-445230; and Whereas, approval of this purchase 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 whatever steps are necessary to effectuate future agreement renewals. Passed and approved this 20th day of march _,2018 MKYOR ATTEST: CI CLERK Approved by �1►31t City torney's Office Resolution No. Page 2 18-73 It was moved by Rotchwax and seconded by 'Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton AGREEMENT FOR RECYCLING SERVICES This Agreement is being made and entered into between the City of Iowa City ("City") and Paper Recovery Company ("Contractor"), located at 3001 Industrial Park Road, Iowa City, Iowa, for services in connection with recycling. WHEREAS, the City's Purchasing Division issued Request for Proposal #18-51for Recycling Processing Services for the City of Iowa City on December 11, 2017; and WHEREAS, City desires to remove and recycle certain materials in a manner consistent with regulations developed by the U.S. Environmental Protection Agency, the Iowa Department of Natural Resources and consistent with good environmental practices; and WHEREAS, it is City's intention to maximize the diversion of clean Recyclable Materials from the Iowa City waste stream via legitimate recycling markets; minimize the residual material landfilled after processing; form a cooperative partnership with Contractor to maximize public education, community outreach and other activities; and maximize per -ton revenues derived from the sale of the Recyclable Materials and minimize transportation and overall costs; and WHEREAS, the City currently utilizes a single -stream recycling process for the collection of recyclable materials and a source -separated drop location program; and WHEREAS, Contractor is willing and able to receive recyclables from the City and provide recycling services pursuant to either a multi -stream or a single -stream process; and NOW THEREFORE, in consideration of their mutual promises, City and Contractor agree as follows: SECTION I. DELIVERY AND ACCEPTANCE OF RECYCLABLE MATERIALS DELIVERY. City shall deliver all Recyclable Materials, defined below, to Contractor at its facility at 3001 Industrial Park Road, Iowa City, Iowa, or to another location as the parties may agree (hereinafter "Contractor's facility"). ACCEPTANCE: Except as stated in Paragraph 5 below, and unless otherwise agreed upon by the parties hereto, Contractor shall provide recycling services to the City of Iowa City for the following recycling commodity streams, hereinafter called "Recyclable Materials:" Source separated: • Paper: newspaper magazines; brown paper bags; telephone books; catalogs; office paper; junk mail; envelopes; chipboard; wet strength carrier stock (chipboard); hard and soft cover books; aseptic and gable top cartons; • Corrugated cardboard; • Plastics: #1, 2, 3, 4, 5, and 7 plastic bottles and containers (no Styrofoam); • Metal: tin/steel cans; pie tins; aluminum foil and aluminum cans; • Glass: mixed green and brown glass, clear glass; and • Plastic bags. Single Stream: • Paper: newspaper magazines; brown paper bags; telephone books; catalogs; office paper; junk mail; envelopes (any type); chipboard; wet strength carrier stock (chipboard); hard and soft cover books; aseptic and gable top cartons; • Corrugated cardboard; • Plastics: #1, 2, 3, 4, 5, and 7 plastic bottles and containers (no Styrofoam); and S Metal: tin/steel cans; pie tins; aluminum foil and aluminum cans. Upon acceptance of a delivery load, Contractor assumes all responsibility for said Recyclable Materials. LABOR. Contractor shall provide all necessary labor, equipment and materials for performing services described herein. These shall be considered an integral part of the service, and no additional compensation will be paid therefor. REJECTION OF A LOAD. A delivery load containing more than de minimis hazardous or toxic materials, or a load containing more than 2.5% by weight of non -Recyclable Materials shall be rejected by Contractor as follows: Contractor shall inspect each load, and if Contractor suspects the load contains more than 2.5% by weight of non -Recyclable Materials, that load shall be deposited in a temporary storage area for inspection by the City. If the City confirms that the load contains more than 2.5% by weight of non -Recyclable Materials, said load shall be transferred to the City Landfill by Contractor, and the City shall be responsible for reimbursing Contractor for all costs of hauling and disposal, and shall pay Contractor an additional $100.00 per ton for additional handling. If the City does not confirm that the load violates this paragraph, Contractor may remove the non -Recyclable Materials from the load, in the presence of a City representative, to determine the actual weight of the non -Recyclable Materials. If a violation of this provision is confirmed through this process, the load will be rejected as set forth above. If the load is found to comply with this provision, the load shall be accepted by Contractor and processed accordingly. For purposes of this provision, materials with significant food contamination and wet materials are considered non -recyclable. 5. SCALE, RECORDS. The City's hauling vehicles shall be weighed on the Contractor's scale, which shall be certified by the State of Iowa, upon entry to the Contractor's facility, and shall be weighed again when unloaded and prior to leaving the facility to determine the net weight of the Recyclable Materials delivered. A copy of the scale ticket will be given to City's driver at that time. Records of net weight of Recyclable Materials delivered shall be forwarded to the City on a monthly basis, and shall be deemed accurate and accepted unless objected to by City within ten (10) calendar days of receiving the monthly records. The Contractor shall maintain accurate cumulative records for the duration of this Agreement, and shall provide such records to the City within a reasonable time after City's request. 6. ACCESS: Contractor will provide City with access to Contractor's facility during City's normal working hours of 7:00 AM to 3:30 PM, Monday through Friday and a minimum of 7 am to noon on Saturday. This provision in no way limits Contractor's ordinary hours of business or hours of operation apart from City's use. SECTION II. RECYCLING OPERATIONS The Contractor shall recycle materials following generally accepted standards in the industry, which may include a variety of processes, in a safe and good faith manner. Upon acceptance of City's Recyclable Materials, Contractor agrees to carry out the delivery, packaging, crushing and/or any other preparation according to standard operations of the recycling industry. Parties acknowledge Contractor may sell said Recyclable Materials to bona fide users or sell back into the manufacturing stream for recycling purposes. The Contractor's recycling operation, including storage of materials to be recycled and of recycled materials, shall be conducted on a site which meets the requirements of all applicable federal, state and local laws and regulations, including zoning ordinances. 4. Parties agree that Contractor shall be responsible for its own equipment in order to satisfactorily perform this Agreement, and that City shall in no way be responsible for the method or means by which material is recycled. 5. The Contractor shall be responsible for obtaining all permits and licenses required by city, state and federal law, and pay all related fees. Contractor shall further be responsible for the payment of any fees and expenses related to the disposal of any waste material arising from its processing of accepted Recyclable Material, and shall dispose of such waste in a manner consistent with all applicable federal, state and local laws, including rules and regulations promulgated or enforced by the U.S. Environmental Protection Agency, the Iowa Department of Natural Resources, and/or local solid waste disposal facilities. This provision does not apply to those materials rejected by Contractor pursuant to Section I, Paragraph 4 above, in which case all expenses related thereto shall be attributed to the City as set forth above. 6. The City reserves the right, but not the duty, to inspect any equipment, facility or service used by Contractor in providing services pursuant to this contract and, likewise, the right to inspect, make, and keep copies of all books and records maintained by the vendor which relate to the services provided by Contractor hereunder, at any reasonable time and upon reasonable notice. Such inspections shall be conducted in a manner to minimize disruption to Contractor's business with 48 hours notice by City to Contractor. Contractor shall cooperate fully with the City during an inspection. SECTION III. CITY'S RESPONSIBILITIES The City may establish public recycling "drop off' locations in Iowa City for the public's disposal of residential and commercial Recyclable Materials, and will designate these locations for said use, with notice to the public. Nothing in this agreement prohibits Contractor from establishing a public recycling drop site at its facility, but managing and maintaining said site, and processing the materials deposited thereon are the sole responsibility of the Contractor and are not part of this agreement. 2. The City shall provide bins of sufficient capacity and quality at its drop-off locations to protect the Recyclable Materials from adverse weather. City also agrees these bins shall include instructions and notice to the public on appropriate use of the bins, and that these notices will be prepared by City in cooperation with Contractor. 3. The City shall be responsible for collecting any Recyclable Materials deposited at any and all of its drop-off locations, and may provide curbside collection of Recyclable Materials to residential and commercial properties as defined in the Iowa City Code of Ordinances, as amended. 4. The City agrees that it will not knowingly or intentionally deliver to Contractor any loads that contain solid waste or material other than Recyclable Materials, including any materials contaminated by hazardous waste. SECTION IV. GENERAL PROVISIONS INITIAL CONTRACT TERM, This Agreement shall remain in effect for a period of five (5) years, beginning on April 2, 2018 and ending on June 30, 2023, unless terminated due to default, as described below, or unless the City exercises its Contract Renewal Option. 2. CONTRACT RENEWAL OPTION. The City may elect, in its sole discretion, to extend this contract for one (1) additional three (3) year term. Formal contract renewal will be issued, in writing, thirty (30) calendar days prior to the expiration date of the current term. Requests for proposed price changes after the initial term of the contract must be submitted in writing to the Purchasing Agent ninety (90) calendar days prior to the contract renewal start date. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate without cost, the future performance of the contract. 3. DEFAULT. The contract may be cancelled or annulled by the City in whole or in part by written notice of default to Contractor upon non-performance, violation of contract terms, delivery failure, bankruptcy or insolvency, or the making of an assignment for the benefit of creditors. The City reserves the right to grant Contractor a specified cure period during which to cure or remedy the default, which cure period shall be included in the written notice of default. If default is not cured within the specified time, City reserves the right, but is not obligated to, extend the cure period or City may deem the Contract terminated without further notice. In either event, the defaulting Contractor (or its surety) shall be liable to the City for cost to the City in excess of the defaulted contract price. Lack of knowledge by the Contractor will in no way be a cause for relief from responsibility. 4. FORCE MAJEURE. The Contractor shall not be liable in damages for delivery failure when such failure is the result of fire, flood, strike, and act of God, act of government, act of an alien enemy or any other circumstances which, in the City's opinion, is beyond the control of the Contractor. Under such circumstances, however, the City may at its discretion cancel the contract. 5. CONTRACT ALTERATIONS. The City reserves the right to make changes to the services to be provided which are within the scope of work, as set forth in RFP #18-51. No assignment, alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both the City and Contractor. Contractor shall not commence any additional work or change the scope of the Agreement until authorized in writing by the City. Contractor shall make no claim for additional compensation in the absence of a prior written approval and amendment of this Agreement executed by both the Contractor and the City. This Agreement may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. ASSIGNMENT OF CONTRACT. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the contract or its right, title or interest therein, or its power to execute such contract to any other person, firm or corporation without the prior written consent of the City, but in no case, shall such consent relieve the Contractor from its obligations, or change the terms of the contract. This agreement shall be binding upon any of Contractor's successors or assigns. ANTI -DISCRIMINATION. Contractor shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 8. WAGE THEFT. The Contractor has completed the CITY's Wage Theft Affidavit. If the CITY becomes aware that Contractor (including an owner of more than 25% of the entity) has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages, within the five (5) year period prior to the award or at any time after the award, such violation shall constitute a default under the contract. 5 SECTION V. COMPENSATION FOR MATERIALS 1. SORTED MATERIALS. Contractor shall compensate or charge the City for sorted Recyclable Materials, based on the process detailed in Section I above, at the following rate formula: Corrugated Cardboard: 50% rebate to City based on the Official Board Market rate (source of information to help track recycling commodity pricing); $0 floor (if the market for cardboard is below $0, there is no cost to City) Mixed plastics 1, 2, 3, 4, 5, 7: no compensation or cost to City Plastic bags: no compensation or cost to City Metals: no compensation or cost to City Paper: no compensation or cost to City Glass: $30/ton cost to City 2. SINGLE -STREAM MATERIALS. Contractor shall charge the City $80.00 per ton for depositing Recyclable Materials collected pursuant to a single stream process. There is no revenue sharing provision on single -stream materials. 3. AUDIT. Because the exact weight of the various Recyclable Materials cannot be accurately determined at the time the City deposits said materials at Contractor's Facility, the approximate weight of the materials shall be calculated, and thus compensation determined, by utilizing a quarterly audit system, as detailed below. The parties hereto may perform a quarterly audit on mutually agreed-upon days, whereby the Recyclable Materials shall be sorted and weighed. To perform this audit, Contractor shall completely clean the processing line, and all bunkers and storage containers will be emptied. A random trailer load will be processed as normal and all materials will be separated by grade. Once the sorting is completed, each product will be weighed. These weights will be the basis for the percentage breakdown of the materials being received for purposes of calculating the revenue sharing due to the City pursuant to Attachments 1 and 2. 4. PAYMENT TO CITY. If payment to the City is appropriate, such payments shall be due and payable within 30 days of the last day of each calendar month, and shall be sent to the Iowa City Accounting Division, 410 East Washington St., Iowa City, Iowa 52240. Delinquent payments shall draw interest at 1.5% per month from the due date, until paid. Contractor also agrees that if the City obtains a judgment on the amount due, Contractor agrees to pay court costs and reasonable attorney fees. 5. WITHHOLDING PAYMENT. Where payment to Contractor is appropriate, the City may withhold payment where Contractor is in default of this agreement pursuant to Section IV, Paragraph 4 below. 6. PAYMENT TO CONTRACTOR: If payment to the Contractor is appropriate, such invoices shall be sent within 30 days of the last day of each calendar month, and shall be sent to the City of Iowa City, Attn: Purchasing, 410 E Washington, Street, Iowa City, IA, 52240 or emailed to the Resource Management Superintendent and the designee in Purchasing. SECTION VI. LIABILITY, INSURANCE 1. The Contractor is solely responsible for the means, methods, sequencing and procedures used in fulfilling its obligations under this Agreement, and is solely responsible for the safety of Contractor's personnel and its own operations. 2. INDEMNITY. Contractor shall indemnify, defend and hold harmless the City of Iowa City and its officers, employees and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury including death, license, patent, or copyright infringement, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by the Contractor or by any Subcontractor or by anyone directly or indirectly employed by either. Responsibility for Damage Claims - It is specifically agreed between the parties hereto that it is not intended by any of the provisions of any part of this Contract to create in the public or any member thereof a third -party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this contract. It is understood that there are no intended third -party beneficiaries to this contract. Contractor further agrees to save the City, its agents and employees harmless from liability of any nature or kind for the use of any copy -right or non -copyright composition, secret process, license, patented or unpatented invention, article, apparatus, or appliance, including any device or article forming a part of the apparatus or appliance of which the Proposer is not the patentee, assignee, licensee or owner, furnished or used in the performance of the contract. 3. INSURANCE. Certificate of Insurance; Cancellation or Modification (a) Prior to commencement of the work, the Contractor shall submit to the City, for approval, an annual Certificate of Insurance meeting all requirements specified herein, to be in effect for the full contract period. (b) The Contractor shall notify the City in writing at least thirty (30) calendar days prior to any changes or cancellation said policy, policies or coverage. (c) Cancellation or modification of said policy or policies resulting in non-compliance with these requirements shall be considered just cause for the City to immediately cancel this Agreement and/or to halt work under this Agreement. (d) The certificate of insurance shall show the City of Iowa City as an additional insured. (e) Minimum Coverage: Any policy or policies of insurance shall include contractual liability coverage, and shall be in the following type and minimum amounts: TVpe of Coverage Class I a. Comprehensive General Liability Each Occurrence Aggregate (1) Bodily Injury and Property Damage $500,000 $1,000,000 b. Motor Vehicle Liability & Combined Property Damage Insurance: Single Limit (1) Bodily Injury and Property Damage $500,000 c. Workers' Compensation Insurance as required by Chapter 85, Code of Iowa. d. The City requires that the Contractor's insurance carrier be A rated or better by A.M. Best. (f) The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement herein contained, and such coverage amount shall not be subject to reduction or set off by virtue of investigation or defense costs incurred by Contractor's insurer. (g) The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self-insured retention to be attributed to, the Contractor unless this requirement is waived by the City. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self-insured retention. (h) If Contractor's liability insurance coverage is subject to any special exclusions or limitations not common to the type of coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance. (i) Contractor agrees to provide City with "occurrence form" liability insurance coverages. Q) The policy shall be primary in payment, not excess or contingent, regardless of any other coverage available to the City. SECTION VII. MISCELLANEOUS 1. Contractor agrees to have no markings on vehicles or containers that indicate or tend to indicate any official relationship between the Contractor and the City. 2. Independent Contractor: Contractor, including any of its subcontractors, are not and shall not be deemed to be an agent or employee of the City of Iowa City, Iowa, but at all times are deemed to be independent contractors. 3. Upon signing this agreement, Contractor acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. 4. This Agreement shall be governed by the laws of the State of Iowa. In the event of a change in law that frustrates the goals of the City relative to this contract, the City will be entitled to terminate the contract upon written notification to the vendor without cost or penalty to the City. 5. This Agreement represents the entire agreement between the City and the Contractor and supersedes all prior negotiations, representations or agreements, whether written or oral. This Agreement may be amended only by written instrument signed by both the City and the Contractor, and attached as an Addendum. 6. If any one or more of the provisions contained in this Agreement are held to be invalid, illegal, or unenforceable, this Agreement shall be deemed severable and the remainder of the Agreement shall remain in full force and effect. This Agreement executed this 20thday of march , 20 18 CITY CITY OF IOWA CITY, IOW By. �. Jame hrogmorton, May ATT T: Ke ie Fruehling, Ci Clerk A oved by 3L"A81 City Attorney's Office CONTRACTOR PAPER RECOVERY COMPANY.,,' By: Chad Carter, Owner/Officer // 1 r 1 ®,mT4 CITY OF IOWA CI 03-20-18 COUNCIL ACTION REPO 2' March 20, 2018 Resolution authorizing the award for recycling processing services Prepared By: Jennifer Jordan, Resource Management Superintendent June Nasby, Buyer II Reviewed By: Jason Havel, City Engineer Dan Striegel, Equipment Superintendent and Acting Public Works Director Geoff Fruin, City Manager Fiscal Impact: $750,000 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The City of Iowa City provides recycling services via curbside collection to 15,300 households and three public drop-off sites. The City works with a recycling processing vendor to accept, sort and sell the materials. The City received three proposals in response to its Request for Proposals for recycling processing services. After complete evaluation by staff committee, it was determined that Paper Recovery Company, known locally as ABC Disposal Systems, of Iowa City, should be awarded the contract. This is a change from our current recycling processing contractor, Republic Services. Over the five-year contract, the City expects to spend approximately $150,000 per year. Background / Analysis: On December 11, 2017, a Request for Proposal (RFP) was administered by the City's Purchasing Division to provide recycling processing services. The City received three (3) proposals in response to the RFP. Proposals were distributed to an evaluation committee which consisted of representatives from the Public Works Department. The evaluation committee performed a thorough evaluation of each proposal based on the following categories: proposed procedures for recycling services; cost analysis (pricing), projections and revenue sharing arrangements; vendor's qualifications and capability to perform the work; and references. After a complete evaluation of the proposal and follow-up questions, the evaluation committee recommends Paper Recovery Company to receive the contract award to provide recycling processing services. Facilities The City has worked with Republic Services since they purchased City Carton Recycling several years ago. The facilities and staffing levels at Republic Services have not kept pace with the City's increase in tonnage and number of loads over the 'r 1 CITY OF IOWA CITY T. COUNCIL ACTION REPORT past few years. The Paper Recovery Company larger facility and newer equipment will better accommodate the new larger curbside recycling trucks and the material compactors used for some drop-off site materials. Pricing Staff expected proposed processing prices to increase over current rates due to soft recycling markets and the need for the vendor to transport materials to a single -stream sorting facility since there is no sorting facility in Johnson County. Current recycling prices through Republic Services are $65 per ton for single stream recycling; pricing and rebates for the drop-off materials vary by market value. Republic Services' proposed price in their two RFP responses were: (1) $148.99 per ton with revenue sharing anticipated to end up with a total estimated cost of $90 per ton; or (2) $181.04 per ton with revenue sharing anticipated to end up with a total estimated cost of $122 per ton, with an annual escalator (which was explicitly disallowed in the RFP). The proposed price from Paper Recovery Company is $80 per ton, set for the life of the 5 -year contract, with no rebate. The contract has one three-year optional extension, at which time the price per ton could increase by up to five (5) percent, as allowed in the contract. Curbside tonnage is expected to increase from the current 1,550 tons per year at the curb to around 1,900 tons with the change to single stream recycling so the overall cost of recycling is expected to increase over the life of the contract; the increase has been accounted for in the budget. Drop-off sites tonnages are expected to increase from around 800 tons per year to around 1,000 tons per year; sorted materials (except glass) will incur no charge and cardboard will yield in a positive revenue based on market value. Paper Recovery Company plans to transport the materials to the single stream sorting facility owned and operated by the Waste Commission of Scott County in Davenport. The City will continue to provide single stream curbside collection for cardboard, paper and cartons, plastics #1 through #5 and #7 and metal. At drop-off sites, we will continue to accept cardboard, paper and cartons, plastics #1 through #5 and #7, metal, glass and plastic bags. Promoting environmental sustainability has been identified in the City's Strategic Plan; recycling services is one of the City's highly visible and effective ways to do so. Increasing recycling and increasing multi -family recycling are both called out in the draft Climate Action Plan. This contract will contribute to all those goals. It is the intent of the City, through working with Paper Recovery Company, to maximize the diversion of clean recyclable materials from the Iowa City waste stream via legitimate recycling markets, minimize the residual material landfilled after processing, form a cooperative partnership with Paper Recovery Company to maximize public education, community outreach and other activities, maximize per -ton revenues derived from the sale of the recyclable materials and minimize transportation and overall costs. Late Handouts Distributee AGREEMENT FOR RECYCLING SERVICES 3\t-, is greement is being made and entered into between the City of Iowa City ("City") and Paper Recovery (DWripany ("Contractor"), located at 3001 Industrial Park Road, Iowa City, Iowa, for services in connection with recycling. WHEREAS, the City's Purchasing Division issued Request for Proposal #18-51for Recycling Processing Services for the City of Iowa City on December 11, 2017; and WHEREAS, City desires to remove and recycle certain materials in a manner consistent with regulations developed by the U.S. Environmental Protection Agency, the Iowa Department of Natural Resources and consistent with good environmental practices; and WHEREAS, it is City's intention to maximize the diversion of clean Recyclable Materials from the Iowa City waste stream via legitimate recycling markets; minimize the residual material landfilled after processing; form a cooperative partnership with Contractor to maximize public education, community outreach and other activities; and maximize per -ton revenues derived from the sale of the Recyclable Materials and minimize transportation and overall costs; and WHEREAS, the City currently utilizes a single -stream recycling process for the collection of recyclable materials and a source -separated drop location program; and WHEREAS, Contractor is willing and able to receive recyclables from the City and provide recycling services pursuant to either a multi -stream or a single -stream process; and NOW THEREFORE, in consideration of their mutual promises, City and Contractor agree as follows: SECTION 1. DELIVERY AND ACCEPTANCE OF RECYCLABLE MATERIALS DELIVERY. City shall deliver all Recyclable Materials, defined below, to Contractor at its facility at 3001 Industrial Park Road, Iowa City, Iowa, or to another location as the parties may agree (hereinafter "Contractor's facility"). ACCEPTANCE: Except as stated in Paragraph 5 below, and unless otherwise agreed upon by the parties hereto, Contractor shall provide recycling services to the City of Iowa City for the following recycling commodity streams, hereinafter called "Recyclable Materials:" Source separated: • Paper: newspaper magazines; brown paper bags; telephone books; catalogs; office paper; junk mail; envelopes; chipboard; wet strength carrier stock (chipboard); hard and soft cover books; aseptic and gable top cartons; • Corrugated cardboard; • Plastics: #1, 2, 3, 4, 5, and 7 plastic bottles and containers (no Styrofoam); • Metal: tin/steel cans; pie tins; aluminum foil and aluminum cans; • Glass: mixed green and brown glass, clear glass; and • Plastic bags. Single Stream: • Paper: newspaper magazines; brown paper bags; telephone books; catalogs; office paper; junk mail; envelopes (any type); chipboard; wet strength carrier stock (chipboard); hard and soft cover books; aseptic and gable top cartons; • Corrugated cardboard; Plastics: #1, 2, 3, 4, 5, and 7 plastic bottles and containers (no Styrofoam); and FILLU����) MAR 2 0 1818 City Clerk Concerns over 5 year flat rate contract Iowa City, Iowa My name is Kyle Wehner and I've worked as a recycling sales representative for Republic for the past 3 years before previously working with City Carton Recycling. I work with commercial, industrial, and municipal customers and have background both in material procurement and end market sales. As such, I certainly have a bias on the subject, but as a resident of Iowa City I have a couple of serious concerns with the structure of the awarded bid. • Market Fluctuation - Curbside single stream commodities (mixed paper, news, cardboard, 1-7s) have been in a downturn and as stated in Jen's analysis there is a chance this could continue. However, the market has always been cyclical and prolonged periods of down markets have not lasted previously. A big driver of this force has been the fact that China purchased 1% of the commodities this January that they had last January and continue at this pace. This import ban was unanticipated and has had a widespread effect on markets. Worldwide demand has not changed, however, and this is a manufactured deflation of the commodities market. Either through China re -opening its imports or through new markets emerging to take on those tons the market is bound to correct itself. If the market does correct itself the city will be left with a flat rate for 5 years that is based on the worst overall single stream grade commodity pricing of since the anomaly of 2008. Structuring a deal in this fashion protects neither the vendor as they are at the will of their end source and markets, nor the city, which can reap no benefits in the event that the markets correct themselves. Based on the market pricing from July of last year, the pricing matrix on our bid with material rebates would have saved a net $10 per ton or roughly $20,000 yearly. • Bottle bill — Should the legislation currently being debated make its way through committee and go forward it will have a significant impact on the value of an average ton of single stream material. For January of this year that would have left the net charge based upon our matrix at $78/net ton. And from numbers on a higher market in July 2017 that number would be $60/net ton or a net positive of $37,920 when contrasted with the $80/per ton rate. This legislation may or may not go through, but in the event it does, the city will not receive the extra revenue that will be available based on the current agreement. • Sorted Delivered Commodities—As stated in the analysis Paper Recovery Systems will rebate for cardboard, but no other commodities. All commodities are based on a monthly pricing index and the City captured $6,000 worth of revenue from delivered newspaper last year. I surely understand that Republics has had some struggles with inopportune timing just before this bid was due. A catastrophic baler failure crippled our production for months and a fire that resulted in the full loss of our building. But I would like to mention that each time we rallied and never turned away the city for service even with the drastic losses to our bottom line. I'm certainly not an impartial actor, but even if the city had only us or Paper Recovery Systems to choose for the work, I believe that the length and structure of the agreement on the table are flawed in that they do not protect the vendor, fairly rebate the city, or incentivize the collection of clean materials. A flat rate is rarely seen due to the highly volatile nature of the scrap commodities markets. On the issue of a five year agreement, ABC is not committing to building a material recovery facility so I have a hard time understanding why a 5 year agreement is necessary for a vendor who has never handled this work and is sending it to a third party for processing. Again being fully aware that I am supremely subjective on the matter, I would advise a shorter term with options for both parties to extend, allowing for market valuation and process evaluation on a shorter timeline. FILED MAR 2 0 1018 City Clerk Iowa City, Iowa Cardboard Historical Prices News #8 Historical Prices Mixed Paper Historical Prices DATE Chicago DATE Chicago DATE Chicago Mar -18 $85.00 Mar -18 $55.00 Mar -18 $25.00 10 year low Feb -18 $90.00 Feb -18 $55.00 Feb -18 $25.00 Jan -18 $95.00 Jan -18 $55.00 Jan -18 $35.00 Deo17 $95.00 Dec -17 $55.00 Deo -17 $35.00 Aug -17 $160.00 Aug -17 $80.00 Aug -17 $70.00 Apr -17 $160.00 Apr -17 $100.00 Apr -17 $80.00 Dec -16 $105.00 Dec -16 $85.00 Dec -16 $75.00 Aug -16 $100.00 Aug -16 $85.00 Aug -16 $70.00 Apr -16 $70.00 Apr -16 $55.00 Apr -16 $50.00 Deo -15 $70.00 Dec -15 $50.00 Dec -15 $45.00 Aug -15 $80.00 Aug -15 $50.00 Aug -15 $45.00 Apr -15 $65.00 Apr -15 $45.00 Apr -15 $35.00 Dec -14 $70.00 Dec -14 $55.00 Dec -14 $40.00 Aug -14 $80.00 Aug -14 $55.00 Aug -14 $40.00 Apr -14 $90.00 Apr -14 $55.00 Apr -14 $40.00 Dec -13 $90.00 Deo -13 $55.00 Dec -13 $40.00 Aug -13 $100.00 Aug -13 $55.00 Aug -13 $40.00 Apr -13 $100.00 Apr -13 $70.00 Apr -13 $60.00 Dec -12 $80.00 Dec -12 $70.00 Dec -12 $50.00 Aug -12 $80.00 Aug -12 $75.00 Aug -12 $55.00 Apr -12 $115.00 Apr -12 $95.00 Apr -12 $80.00 Dec -11 $95.00 Dec -11 $85.00 Dec -11 $70.00 Aug -11 $165.00 Aug -11 $130.00 Aug -11 $120.00 Apr -11 $135.00 Apr -11 $145.00 Apr -11 $80.00 De 10 $135.00 DeF10 $85.00 Dec -10 $70.00 Aug -10 $105.00 Aug -10 $75.00 Aug -10 $60.00 Apr -10 $135.00 Apr -10 $75.00 Apr -10 $85.00 FILED MAR 2 Q 2018 City Clerk Iowa City, Iowa City of Iowa City Revenue Share Outline 11 Total Rev Share (charge) LLU 2 0 1018 .y Clerk City, Iowa July -17 Processing Cost Finished Commodity Estimated Processing Weighted Avg Commodity Weighted Avg Net Tipping Product Mix Percent Weight Cost/Ton Allocation Value Allocation Charge Mixed Glass 30.00 $ 1.70 $ (1.280) HDPE Natural 2.00% 30.00 $ 85.00 $ 1.70 $ 12.400 $ (10.70) HDPE Pigmented 1.00% ,' 15.00 $ 85.00 $ 0.85 3 $ 3.200 $ (2.35) PET 5.00% 75.00 $ 85.00 $ 4.25 280. $ 14.000 $ (9.75) Residual Garbage 5.00% 75.00 $ 85.00 $ 4.25 > $ (3.200) $ 7.45 Steel 4.00% 60.00 $ 85.00 $ 3.40 156. $ 6.250 $ (2.85) 1-7 plastics 2.00% 30.00 $ 85.00 $ 1.70 $ (1.280) $ 2.98 OCC 20.00% 300.00 $ 85.00 $ 17.00 $ 30.000 $ (13.00) Mixed Paper 0.00 $ 85.00 $ 25.50 $ 21.000 $ 4.50 ONP 435.00 $ 85.00 $ 24.65 $i23.200 $ 1.45 100.0% $ 85.00 $ 104.29 $(19.29) Per Ton Total Processing Cost $ (85.00) $ (127,500.00) Commodity Pay B 75% $ 78.22 $ 117,326.25 Commodity Value less Processin€ $ (6.78) $ (10,173.75) Transport/EQP/Handling Cost $ (58.99) $ (88,488.00) Fuel Recovery Fe( 16.65% $ (5.00) $ (7,492.50) Total Tons 1500.00 Net Revenue Share (Charge) $ (70.77) $ (106,154.25) Adjustments 0.00 Net Tons 1500.00 F i l MAI Ci' LLU 2 0 1018 .y Clerk City, Iowa City of Iowa City Revenue Share Outline Total Rev Share (charge) Total Tons 1500.00 1/1/2018 with aluminum 0.00 Net Tons 1500.00 $ 70.46 Product Mix Percent Estimated Weight Processing Cost/Ton Processing Cost Weighted Finished Avg Commodity Allocation Value Commodity Weighted Avg Allocation Net Tipping Charge Mixed Glass HDPE Natural HDPE Pigmented 30.00 30.00 15.00 $ $ 85.00 85.00 $ 1.70 $ 1.70 $ 0.85 $ $ $ (1.280) 12.400 3.200 $ $ $ 2.98 (10.70) (2.35) PET 75.00 $ 85.00 $ 4.25 $ $ 14.000 14.850 $ $ (9.75) (14.00) Aluminum 15.00 $ 85.00 $ 0.85 Residual Garbage 75.00 $ 85.00 $ $ (3.200) 6.250 1 $ $ 7.45 (2.85) Steel/Tin 60.00 $ 85.00 $ 3.40 1-7 plastics 30.00 $ 85.00 $ 1.70 $ $ (1.280) 20.000 $ $ 2.98 (3.00) OCC 300.00 $ 85.00 $ 17.00 Mixed Paper 0.00 $ 85.00 $ 24.65 $ $ 10.150 18.850 $ $ 14.50 580- ONP 435.00 $ 85.00 $ 24.65 100.0 $ 85.00 $ 93.94 Per Ton $ (8.94) Total Total Tons 1500.00 Adjustments 0.00 Net Tons 1500.00 Processing Cost Commodity Px 75% Commodity Value less Proce<_ Transport/EQP/Handling Cos - Fuel Recovery 1 16.65% Net Revenue Share (Charge) $ (85.00) $ (127,500.00) $ 70.46 $ 105,682.50 $ (14.55) $ (21,817.50) $ (58.99) $ (88,488.00) $ (5.00) $ (7,492.50) $ (78.53) $ (117,798.00) "ILED MAR 2 0 1018 City Clerk Iowa City, Iowa Prepared by: Jacklyn Budding, Budget & Compliance Officer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5063 Resolution No. 18-69 Resolution amending the Administrative and Confidential Pay Plan by adding the position of Internal Auditor Budget Analyst and the AFSCME Pay Plan by eliminating the position of Grant Accountant. Whereas, Resolution No. 18-63 adopted by the City Council on March 6, 2018 authorized the change in budgeted positions in the Finance Administration Division and the Accounting Division of the Finance Department for Fiscal Year 2019 which included the newly created position of Internal Auditor Budget Analyst; and Whereas, Resolution No. 17-14 adopted by the City Council on January 3, 2017, established a classification/compensation plan for Administrative, Confidential and Executive employees and for AFSCME employees; and Whereas, the duties, responsibilities and requirements of the Internal Auditor Budget Analyst position have been evaluated and grade 26 of the Administrative pay plan has been determined to be the appropriate classification; and Whereas, the Grant Accountant position has been removed from the FYI budget; Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The Administrative and Confidential pay plan be amended by adding the position of Internal Auditor/Budget Analyst, grade 26, and the AFSCME pay plan be amended by eliminating the position of Grant Accountant, grade 13 effective July 1, 2018. Passed and approved this 20th day of March MEWor ATTES6 c,Q +CiClerk U\ 2018 Approved by City Attorney's Office Zc (7) Resolution No. 18-69 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton the It ®, CITY OF IOWA CI ,_Z A`°'A� COUNCIL ACTION REPO Zc�7� March 20, 2018 Resolution amending the Administrative and Confidential Pay Plan by adding the position of Internal Auditor Budget Analyst and amending the AFSCME Pay Plan by eliminating the position of Grant Accountant. Prepared By: Jacklyn Budding, Budget & Compliance Officer Reviewed By: Dennis Bockenstedt, Finance Director; Ashley Monroe, Assistant City Manager Fiscal Impact: Approved as part of the FY2019 budget Recommendations: Staff: Approval Commission: N/A Attachments: Resolution amending pay plans, adding Internal Auditor Budget Analyst position and eliminating Grant Accountant position. Executive Summary: On March 6, 2018, the budget for fiscal year 2019 was approved, which included the addition of an Internal Auditor/Budget Analyst position and the elimination of a Grant Accountant position. This resolution adds the Internal Auditor/Budget Analyst position into the Administrative/Confidential pay plan, and eliminates the Grant Accountant position from the AFSCME pay plan. Background / Analysis: In the fiscal year 2019 budget, in the Finance Administration division, a .75 FTE Internal Auditor/Budget Analyst position is being added. This position will help with the implementation of the Internal Audit activity within the division, perform risk assessments, plan and perform audits, and collect and perform financial, budget, and data analysis and research. Also in fiscal year 2019, in the Accounting division, the .60 FTE position of Grant Accountant is being eliminated. This position was created after the floods of 2008 and retained through the floods of 2013 and 2014. Now, as the remaining FEMA grants have been closed out, the amount of grant work has significantly diminished and the remaining grant work can be absorbed by the Accounting division. 2-k1l(l) Prepared by: Brad Neumann, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235 Resolution number 18-70 Resolution setting a public hearing for the May 1, 2018 City Council meeting regarding the Iowa Department of Transportation consolidated transit funding application for Iowa City Transit. Whereas, the City of Iowa City, Iowa provides its residents with a public transportation system; and Whereas, the Iowa Department of Transportation offers financial assistance to local governmental units for their public transportation systems; and Whereas, this is an annual process that Iowa City undertakes, outlining federal funds requested for operating and capital expenses; and Whereas, the City of Iowa City wishes to apply for financial assistance as noted below and to enter into related contract(s) with the Iowa Department of Transportation. From the State Transit Assistance Program: 3.162919% (approximately $462,350) of Formula Funds From federal operating assistance for transit: $1,497,897; From federal funds for transit in non -urbanized areas and/or for transit serving primarily elderly persons and person with disabilities: $104,671; From state-wide federal capital assistance for transit: $17,300,385; Whereas, a public hearing is a requirement for the application and receipt of federal funds. Now, therefore, be it resolved by the city council of the city of Iowa City, Iowa, that: 1. A public hearing is hereby set for 7:00 p.m. on May 1s', 2018, to be held in the Emma J. Harvat Hall, City Hall, 410 East Washington St., Iowa City, Iowa, or if said meeting is canceled at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 18-70 Page 2 Passed and approved this 201 day of March, 2018. L , Maor Ap oved by Attest_ ity Clerk City Attorney's Office It was moved by Botchway adopted, and upon roll call there were: and seconded by Mims the Resolution be AYES: NAYS: ABSENT: x Botchway x Cole x Mims xSalih x Taylor x Thomas x Throgmorton I r ICITY OF IOWA CITX -zo 18 �`�WX � COUNCIL ACTION REPO March 20, 2018 Resolution Setting a Public Hearing for the May 1st, 2018 City Council Meeting Regarding the Iowa Department of Transportation Consolidated Funding Application for Iowa City Transit Prepared By: Darien Nagle-Gamm, Director of Transportation Services Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Permits application for State and Federal transit operating and capital funds which may require matching funds Recommendations: Staff: Approval Commission: N/A Attachments: Approval Executive Summary: The consolidated transit funding application is an annual application filed with Iowa Department of Transportation (DOT) listing capital and operating expenses that we wish to see funded by DOT and the Federal Transit Administration (FTA). The projects contained in the application have been programmed by Iowa City Transit for FTA Section 5307, 5310 and/or 5339 funds in FY2019. The projects will be included in the FY2019 Iowa DOT Consolidated Transit Funding Application that the Metropolitan Planning Organization of Johnson County (MPOJC) is completing and in the FY2019-2022 MPOJC Transportation Improvement Program (TIP). Iowa City Transit may not seek funding for all of the projects; however, each project needs to be listed in order to be eligible for funding. The total amount of funds being included in the funding application is over $19.4 million. Background / Analysis: Due to our potential application for and receipt of federal grant funds, we are required to hold a public hearing so that the public can have the opportunity to comment on our funding request. This is an annual process and we must provide a minimum of thirty days' notice prior to the public hearing. The specific allocations for the funds being applied for are detailed below: State Transit Assistance Program: approximately $ 462,350 —These are formula funds for operations awarded to the Metropolitan Planning Organization (MPO) and then distributed between Iowa City Transit, Coralville Transit and the University of Iowa — Cambus. Federal operating assistance for transit (5307): $ 1,497,897 — These are funds awarded from FTA to provide operational assistance to the transit agency. • From federal funds for transit in non -urbanized areas and/or for transit serving primarily elderly persons and person with disabilities (5310): $ 104,671 — These funds are awarded to Iowa City and committed to para -transit services that are contracted through a 28E Agreement with Johnson County 1r 1 CITY OF IOWA CITY �COUNCIL ACTION REPORT State-wide federal capital assistance for transit (5339): $ 17,300,385 — These funds include all of the capital projects that Iowa City Transit wishes to see funded. This sum includes replacement and relocation of the transit facility, busses and bus shelters. A local match of 15% - 20% is commonly required for the award of these funds. =)i-2ctCZ) Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 18-71 Resolution setting a public hearing for April 2, 2018 to consider the sale of City property north of the Iowa City Municipal Airport to Harry Hinckley. Whereas, Harry Hinckley, the owner of Alexis Park Inn, immediately north of the Iowa City Municipal Airport, wishes to purchase Outlot B, North Airport Development, at the northwest comer of Ruppert Road and Frontage Road, consisting of approximately .5 acres; and Whereas, Outlot B is controlled by the Iowa City Municipal Airport Commission, which no longer has use for the property, and which has negotiated a sale, subject to Council approval, for $20,000, reserving easements as necessary to protect Airport operations; and Whereas, Outlot B was purchased with funding from the Federal Aviation Administration, which has approved of the sale, as long as the proceeds are used for airport improvement projects; and Whereas, the sale of public real property requires the holding of a public hearing Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City of Iowa City does hereby declare its intent to sell Outlot B to Harry Hinckley as described above. 2. A public hearing on said proposed sale should be and is hereby set for April 2, 2018 at 7:00 p.m. in Emma Harvat Hall, City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 20th day of March . 2018. 4--2 Z� MYyor Approved by Attt' n�i�Atto-rney's ity Clerk Office Resolution No. Page 2 It was moved by Boechwav and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: i7 x NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton Prepared by: Eric R. Resolution setting a public north of the Iowa City Muni City Attorney, 410 E. Washington St., NO. ng for April 3, 2018 to Airport to Harry Hino City, IA 52240 (319) 356-5030 the sale of City property Whereas, Harry Hinckley, the own of Alexis Park nn, immediately north of the Iowa City Municipal Airport, wishes to purchask Outlot B, No h Airport Development, at the northwest corner of Ruppert Road and Frontage R ad, consisti g of approximately .5 acres; and Whereas, Outlot B is controlled by the to City has use for the property, and which has eg $20,000, reserving easements as necessary t r Whereas, Outlot B was purchased with has approved of the sale, as long as the cipal Airport Commission, which no longer a sale, subject to Council approval, for Airport operations; and the Federal Aviation Administration, which used for airport improvement projects; and Whereas, the sale of public/osed erty equires the olding of a public hearing. Now, Therefore, be y the City Court it of the City of Iowa City, Iowa, that: 1. The City of Iowa City by declare its intent o sell Outlot B to Harry Hinckley as described above. 2. A public hearing on said sale should be and is ereby set for April 3, 2018 at 7:00 p.m. in Emma Harvat Hall, 410 E. Washington treet, Iowa City, Iowa, or if said meeting is cancelled, ameeting of the City Council hereafter as posted by the City Clerk. The City Clerk isirected to cause Notice of Pu lic Hearing to be published as provided by law. Passed and approved City Clerk day of Mayor Approved by City Attomey's Office 18. i t 1 CITY OF IOWA CI 03-20-18-1 COUNCIL ACTION REPO 2d`2' March 20, 2017 Resolution setting a public hearing for April 3, 2018 to consider the sale of City property north of the Iowa City Municipal Airport to Harry Hinckley Prepared By: Michael Tharp, Airport Operations Specialist Reviewed By: Eric Goers, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: $20,000 in revenue for use on Airport Improvement Program projects Recommendations: Staff: Approval Commission: Airport Commission — Recommend Approval Attachments: Resolution Executive Summary: The City received a purchase offer from Harry Hinckley to sell North Commerce Park, Outlot B to Mr. Hinckley. This parcel is adjacent to the Alexis Park Inn and Ruppert Road. The parcel was part of a larger purchase that was made with FAA Grant funds. Background / Analysis: The Airport Commission considered this offer at their meeting on June 27, 2017. The Airport Commission recommended accepting the purchase offer 3-0 with two members absent. Federal Aviation Administration (FAA) has published notice of the release request in the federal register on March 8, 2018 subject to a 30 -day comment period. The Airport Commission anticipates that the FAA will approve this request contingent on 2 requirements: 1. That the Airport Commission obtain an air rights easement to prevent any future airport obstructions being built on the property for sale; and 2. That sale proceeds be used solely for an Airport Improvement Program (AIP) eligible project. 'r CITY OF IOWA CITY --'� COUNCIL ACTION REPORT EFHE SI ST Y t � ? w! T 5} '�?.. 511 1205 P✓'. •_}`"'. �r 515 I � A O I• y ei fi Ak2-ckCz) Late Handouts Distributed r6 (Date) Prepared by: Enc R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. Resolution setting a public hearing for April 3, 2018 to consider the sale of City property north of the Iowa City Municipal Airport to Harry Hinckley. Whereas, Harry Hinckley, the owner of Alexis Park Inn, immediately north of the Iowa City Municipal Airport, wishes to purchase Outlot B, North Airport Development, at the northwest corner of Ruppert Road and Frontage Road, consisting of approximately .5 acres; and Whereas, Outlot B is controlled by the Iowa City Municipal Airport Commission, which no longer has use for the property, and which has negotiated a sale, subject to Council approval, for $20,000, reserving easements as necessary to protect Airport operations; and Whereas, Outlot B was purchased with funding from the Federal Aviation Administration, which has approved of the sale, as long as the proceeds are used for airport improvement projects; and Whereas, the sale of public real property requires the holding of a public hearing. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City of Iowa City does hereby declare its intent to sell Outlot B to Harry Hinckley as described above. 2. A public hearing on said proposed sale should be and is hereby set for April 3, 2018 at 7:00 p.m. in Emma Harvat Hall, City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this day of Attest: City Clerk Mayor Approved by City Attorneys Office 2018. Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. Resolution setting a p lic hearing for April 3, 2018 to consider the sale of y property north of the Iowa City M icipal Airport to Harry Hinckley. Whereas, Harry Hinckley, theNIPwrier of Alexis Park Inn, immediately n h of the Iowa City Municipal Airport, wishes to pur ase Outlot B, North Airport Develop ent, at the northwest corner of Ruppert Road and Fronta Road, consisting of approxi70'm acres; and Whereas, Outlot B is controlled by the a City Municipal Airpoission, which no longer has use for the property, and which ha negotiated a sale, ubject to Council approval, for $20,000, reserving easements as necessary protect Airpo perations; and Whereas, Outlot B was purchased with funding om a Federal Aviation Administration, which has approved of the sale, as long as the proceeds used for projects; and Whereas, the sale of public real property requi s the h ding of a public hearing. Now, Therefore, be it resolved b he City Council the City of Iowa City, Iowa, that: 1. The City of Iowa City does h eby declare its intent to s II Outlot B to Harry Hinckley as described above. 2. A public hearing on sai roposed sale should be and is hereb et for April 3, 2018 at 7:00 p.m. in Emma Hary all, City Hall, 410 E. Washington Street, wa City, Iowa, or if said meeting is cancell , at the next meeting of the City Council therea r as posted by the City Clerk. The City lerk is hereby directed to cause Notice of Public Hea to be published as provided by Passed and approved this day of Attest: City Clerk 2018. Mayor Approved by / ( U City ��Attorney's Office 0 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 18-75 Resolution determining an area of the city to be an economic development area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an urban renewal project; and adopting the Foster Road Urban Renewal Plan therefor. WHEREAS, the Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law; and WHEREAS, a Foster Road Urban Renewal Plan for the area described below has been prepared, which Plan is on file in the office the City Clerk and which is incorporated herein by reference; and WHEREAS, this Urban Renewal Plan includes and consists of the following Urban Renewal Area: Commencing at the Northwest corner of Lot 16, Balls Subdivision, as shown in Plat Book 3, Page 100; proceeding northeasterly along the south right-of-way line of Foster Road, as shown in Exhibits A-1 and B-1 of the Condemnation records recorded in Book 3100, Page 358; thence following said ROW line to its intersection with the East- West '% Section line of NW Y4 of Section 3, Township 79N, Range 6W; thence East along said Section line to the SE corner of the NE '% of the NW '/4 of Section 3, Township 79N, Range 6W; thence continuing East along the East-West 1/4 section line to the SW corner of the NE 1/4 of the NE 1/4 of Section 3, Township 79N, Range 6W, as shown on the Final Plat of a re -subdivision of Lot 30, Conway's Subdivision, Plat Book 17, Page 53; thence North along the West line of Lot 30, Conway's Subdivision, Plat Book 4, Book 253, to the Northwest corner of Lot 25, Conway's Subdivision, Plat Book 4, Page 253; thence northeasterly along the North boundary of Conway's Subdivision to the Northeast corner of Lot 15 and continuing easterly to the eastern Prairie Du Chien Road ROW line; thence northwesterly along the eastern ROW line to the Northeast corner of Auditor's Parcel "A", recorded in Plat Book 32, Page 52, said line also being the South ROW of Interstate 80 as shown in the Plat of Survey recorded in Book 32, Page 53 and as described in Book 4224, Page 896 and Book 2944, Page 267; thence West along the South 1-80 ROW to the Northwestern corner of Lot 4, Yocum Subdivision, Plat Book 5, Page 77, said corner being the intersection of the 1-80 South ROW line and the East-West line between Section 3, Township 79N, Range 6W and Section 34, Township 80N, Range 6W; thence East along said section line to the Northwest corner of Auditor's Parcel 2014052, Book 58, Page 324; thence South along the West side of said Parcel to the Southeast corner of Pine Ridge Subdivision, Plat Book 46, Pagel 57; thence westerly along the south side -1- of Pine Ridge Subdivision to the Southwest corner of Lot 1, Pine Ridge Subdivision; thence Southeasterly to the point of beginning. WHEREAS, it is desirable that this Area be developed according to the Foster Road Urban Renewal Plan; and WHEREAS, Iowa Code require the City Council to submit the proposed Foster Road Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole, prior to City Council approval of such urban renewal project and an urban renewal plan therefore; and WHEREAS, creation of the Foster Road Urban Renewal Plan Area and adoption of the Foster Road Urban Renewal Plan therefore has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole; and WHEREAS, by a resolution adopted on February 6, 2018, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Foster Road Urban Renewal Plan and the division of revenue described therein, and that notice of said consultation and a copy of the proposed Foster Road Urban Renewal Plan be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities have been timely made as set forth in the report of the Economic Development Coordinator filed herewith and incorporated herein by the reference, which report is in all respects approved; and WHEREAS, by said resolution this Council also set a public hearing on the adoption of the proposed Foster Road Urban Renewal Plan for this meeting of the Council, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the Press Citizen, which notice set for the time and place for this hearing and the nature and purpose thereof; and WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: Section 1. The findings and conclusions set forth in the Foster Road Urban Renewal Plan for the area of the City of Iowa City, Iowa legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the Foster Road Urban Renewal Plan Area), be and the same are hereby adopted and approved as the findings of this Council for this area. -2- Section 2. The Foster Road Urban Renewal Plan conforms to the general plan for the development of the City as a whole. Section 3. The Foster Road Urban Renewal Plan Area is an economic development area the Area appropriate for public improvements related to housing and residential development within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. The Foster Road Urban Renewal Plan be and the same is hereby approved and adopted as the "Foster Road Urban Renewal Plan for the Foster Road Urban Renewal Area"; and the City Clerk is hereby directed to file a certified copy of said Foster Road Urban Renewal Plan with the proceedings of this meeting. Section 5. The Foster Road Urban Renewal Plan shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in said Plan, or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this loth day of Marrh 2018. M or 17 ATTEST: City Clerk / 1 Awed by: City Attorney's Office -3- Resolution No. Page 4 It was moved by Botchway and seconded by Thomas Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton the Foster Road Urban Renewal Plan City of Iowa City, Iowa 2018 Table of Contents Section 1 — Introduction Section 2 — Description of Urban Renewal Area Section 3 —Area Designation Section 4 — Base Value Section 5 — Urban Renewal Plan Objectives Section 6 — Proposed Urban Renewal Activities Section 7 — Proposed Urban Renewal Projects Section 8 — Conformance with Land Use Policy and Zoning Ordinance Section 9 — Relocation Section 10 — Financial Data Section 11 — Urban Renewal Plan Amendments Section 12 — Property Acquisition/Disposition Section 13 — Effective Period Section 14- Severability Clause Addendum No. 1 — Legal Description Addendum No. 2 — Location Map Section 1- Introduction This Urban Renewal Plan ("Plan") for the Foster Road Urban Renewal Area ("Urban Renewal Area" or "Area") has been developed to help local officials promote economic development within Iowa City, Iowa. The City has determined that the Area is appropriate for public improvements related to housing and residential development. This Plan contemplates that tax increment financing may be used to assist in the construction of Foster Road from Dubuque Street east to Prairie du Chien. The primary goal of such project is to stimulate construction of housing and residential development. Development in this area is guided by the North District Plan and the IC2030Comprehensive Plan, as amended. These plans note that some of the most valued aspects of the North District pose the most challenges for development. The steep, rugged terrain makes road and residential construction difficult. They note that City financial participation in the completion of the construction of Foster Road between Dubuque Street and Prairie du Chien may be necessary, given these challenges. To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal activities as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapters 15A and 403 of the 2017 Code of Iowa, as amended. Section 2- Description of Urban Renewal Area The legal description of this Urban Renewal Area is attached and incorporated herein as Addendum No. 1 — Legal Description and depicted in Addendum No. 2 — Location Map. Section 3- Area Designation With the adoption of this Plan, Iowa City designates this Urban Renewal Area as an economic development area appropriate for public improvements related to housing and residential development. Therefore, in accordance with Iowa Code Section 403.22, a percentage of the incremental revenues (or other revenues) generated by the development must be used to provide assistance to low and moderate income (LMI) households. LMI households are those whose incomes do not exceed 80% of the median Johnson County income. The amount of incremental revenues (or other revenues) to be provided for LMI housing in the community shall be either equal to or greater than the percentage of the original project costs (i.e., the amount of TIF funds used to reimburse infrastructure costs serving the housing development in the Area) that is equal to the percentage of LMI households living in Johnson County. That percentage is currently 44.83, The requirement to provide assistance for LMI housing may be met by one or more of the following three options: 1. Providing that at least 45% of the units constructed in the Area are occupied by LMI households; 2. Ensuring that 45% of the housing units constructed within the Area are priced at amounts affordable to LMI households; or 3. Setting aside an amount equal to or greater than 45% of the project costs to be used for LMI housing activities anywhere in the City. Such LMI housing activities may include, but are not limited to: a. Construction of LMI housing; b. Owner/renter-occupied housing rehabilitation for LMI households; c. Grants, credits, or other direct assistance for LMI households; d. Homeownership assistance for LMI households; e. Tenant -based rental assistance for LMI households; f. Down payment assistance for LMI households; g. Mortgage interest buy -down assistance for LMI households; and h. Under appropriate circumstances, the construction of public improvements that benefit LMI households. Section 4- Base Value If the Foster Road Urban Renewal Area is legally established, a Tax Increment Financing (TIF) Ordinance is adopted, and debt is certified prior to December 1, 2018, the taxable valuation within the area included in the TIF Ordinance as of January 1, 2017, will be considered that area's frozen "base value'. If debt is not certified until a later date or if a TIF ordinance is not adopted until later, the "base value" will be the assessed value of the taxable property within the TIF Ordinance area as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt on the Foster Road Urban Renewal Area. Section 5- Urban Renewal Plan Goals and Objectives The overall goal of this Plan is to foster the development of the Area through the use of public and private resources for senior and multifamily housing units, as well as foster construction of public improvements related to such housing and residential development. Further goals include: 1. Meeting the needs of special elements of the population, such as the elderly or persons with disabilities; 2. To encourage and support development that will expand the taxable values of property within the Urban Renewal Area; 3. To provide for the orderly physical and economic growth of the city; 4. To provide other support as allowed under Iowa Code Chapters 15, 15A and 403; 5. To provide a suitable living environment through safer, more livable and accessible neighborhoods, and increased housing opportunities; and 6. To help finance the cost of constructing public utility and infrastructure extensions and improvements in support of residential development. 7. To improve the health, safety, living environment, general character, and general welfare of Iowa City, Iowa. 8. To stimulate, through public action and commitment, private investment in new residential development. 9. To increase the availability of housing opportunities; which may in turn attract and retain local industries and commercial enterprises that will strengthen and revitalize the economy of the State of Iowa and the City of Iowa City. 10. To promote development utilizing any other objectives allowed by Chapter 403 of the Code of Iowa. The following objectives derived from these goals are hereby established: 1. Undertake and carry out the urban renewal project set forth in Section 7 below; 2. Use any or all other powers granted to the City by the Urban Renewal Act to develop and provide for improved economic conditions in the City and the State of Iowa; 3. To connect neighborhoods, reducing transportation time, allowing greater access for pedestrians, bikers and public transportation; and 4. Open opportunities for development of single and multi -family residential units for those with special needs, as well as other uses that may be consistent with the Comprehensive Plan and zoning code. Section 6 - Proposed Urban Renewal Activities To meet the objectives of this Urban Renewal Plan, the City intends to utilize the powers conferred under Chapter 403 and Chapter 15A, Code of Iowa, the City may engage in the following proposed Urban Renewal Activities: 1. Execute development agreements, retain the services of qualified professional consultants and execute any other contracts and instruments necessary to achieve the Plan Goals, Objectives and Projects. 2. Make or have made surveys and plans necessary for the implementation of the Urban Renewal Plan or specific urban renewal projects. 3. Tax Increment Financing. To the full extent allowed by Iowa Code Chapter 403 and Division III of Chapter 384, the City may issue general obligation bonds, tax c increment revenue bonds, internal loans or such other obligations or loan agreements, and seek tax increment reimbursement for, among other things, the costs of urban renewal projects (if and to the extent incurred by the City), including, but not limited to: a. Constructing public improvements, such as streets, sidewalks, sanitary sewers, storm sewers, water mains, utilities or other related facilities. b. Providing the local matching share of state or federal grant and loan programs. c. Making loans or grants or other incentives related to urban renewal projects. d. Other authorized urban renewal projects. 4. To acquire property through a variety of means (purchase, lease, option, etc.) and to hold, clear, or prepare the property for redevelopment. 5. To dispose of property so acquired. 6. To arrange for, or cause to be provided, the construction or repair of infrastructure, including but not limited to, streets, sidewalks, water mains, sanitary sewer, storm water drainage, gas and electric utilities, street lighting, or other public improvements in connection with urban renewal projects. 7. To vacate, dedicate, or obtain certain public roadways, or utility easements when deemed necessary to provide access to new and/or residential developments. 8. To provide for relocation of persons, businesses, and industries displaced by the project, if necessary. 9. To make loans, forgivable loans, tax rebate payments, or other types of grants or incentives to private persons, organizations, or businesses for economic development purposes or residential projects; on such terms as may be determined by the City Council. 10. To borrow money and to provide security therefor. 11. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions for the City of Iowa City and the State of Iowa. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 4276, or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan. The Council's determination to undertake any of these activities shall be based upon its economic development policy, which may be amended from time to time, as necessary in Council's discretion, and on additional performance criteria the Council finds appropriate on a case-by-case basis. 13 Section 7 — Proposed Urban Renewal Projects A. Public Improvements and Related Development Agreement: Under authority granted by the Plan, the City anticipates entering into a Development Agreement (the "Agreement') with University Lake Partners ll, LLC (the "Developer"). The Agreement would obligate the Developer to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Urban Renewal Area as defined and legally described in the Development Agreement, consisting of the construction of an approximate 53 -unit senior living residential building and approximately 59 townhomes in a mix of duplex, three-, four-, five-, and one seven- plex configuration, under the terms and following satisfaction of the conditions set forth in the Agreement. The Agreement further proposes that Developer will pay for the costs of the Public Improvements supporting the project as described below: Project Approximate Date Estimated Cost Rationale Construction of Foster 2018-2019 Not to exceed Necessary infrastructure Road public $4,000,000 for residential infrastructure between development. Support Dubuque Street and transportation network Prairie du Chien Rd., as that encourages walking, part of a project to biking, and public transit. construct and provide access to a senior living residential building and townhomes. The Agreement would then obligate the City to make up to ten (10) consecutive annual payments of Economic Development Grants to Developer consisting of 55% of the Tax Increments pursuant to the Iowa Code Section 403.19 and generated by the construction of private development within the urban renewal area, the cumulative total for all such payments not to exceed the cost of the public improvements advanced by the Developer. These grants will not be general obligations of the City but will be payable solely from incremental property taxes generated by the private development. Unless LMI housing is constructed as part of the project, the City will set aside 45% of the Tax Increments pursuant to the Iowa Code Section 403.19 generated by the construction of the Minimum Improvements and use those funds to support LMI housing anywhere in the community. The City expects to enter into a development agreement with Developer (or a related entity or another entity) that provides detailed terms and conditions, not all of which are included in this Plan. B. Planning, Engineering, Attorney, and Administrative Fees, and Other Related Costs to Support Urban Renewal Projects and Planning: Project Estimated Date Estimated Cost to be Funded with TIF Funds Fees and Costs 2017-2019 Not to Exceed $100,000 Section 8- Conformance with Land Use Policy and Zoning Ordinance A. Comprehensive Plan This Urban Renewal Area is located within the North District, as designated in the adopted IC2030 Comprehensive Plan, the City's general plan for the physical development of the City as a whole, and more particularly described in the North District Plan, a district - specific comprehensive plan. The North District Plan Map shows the proposed extension of Foster Road between Dubuque Street east to Prairie du Chien Road, noting that it would provide an alternative east -west street route in this Area which may relieve traffic pressure from Kimball Road and create new opportunities to connect existing neighborhoods. It would further open up the possibility of new residential development in this area, noting that development will be constrained by the rugged, wooded terrain and the 100 -foot wide gas pipeline easement that cuts across this neighborhood. In sum, the goals, objectives and projects set forth in this Plan are in conformity with the City's Comprehensive Plans. B. Current and Proposed Zoning and Land Uses Currently the Urban Renewal Area is largely undeveloped green space, with rolling hills and a few multi -family units, and zoned High Density Single Family (RS -12) as defined by the Iowa City Zoning Code. This high density single-family residential zone is intended to provide for development of single-family dwellings, duplexes and attached housing units at a higher density than in other single-family zones. Because this zone represents a relatively high density for single-family development, dwellings should be built in close proximity to all city services and facilities, especially parks, schools and recreational facilities. Special attention should be given to site design to ensure the development of quality neighborhoods. Nonresidential uses and structures permitted in this zone should be planned and designed to be compatible with the character, scale, and pattern of the residential development. A sensitive areas overlay rezoning is anticipated in light of the sensitive areas located in the urban renewal area. Right-of-way for the Foster Road Extension Project described in Section 7 above, herein has been dedicated to the City, though additional right-of-way or easements may be necessary to construct the street and install the utilities. This Urban Renewal Plan does 11 not in any way replace or modify the City's current land use planning or zoning regulation process. Section 9- Relocation For the proposed Foster Road Extension Project described in Section 7 above, the right- of-way has been dedicated to the City with no residential uses thereon. The Area is largely undeveloped, so the City does not expect there to be any relocation required as part of the eligible urban renewal projects identified herein; however, if any relocation is necessary, the City will follow all applicable relocation requirements as contemplated pursuant to Iowa Code sections 403.5(4)(a) and 403.6(7). Section 10- Financial Data Constitutional Debt Limit: $ 267,511,393 2. Current general obligation debt: $ 51,645,000 3. Proposed amount of indebtedness to be incurred: Although a specific amount of tax increment debt to be incurred (including direct grants, loans, advances, indebtedness, or bonds) for projects over time has not yet been determined, it is anticipated that the cost of the Proposed Urban Renewal Activities and Proposed Projects identified in Section 6 and 7 above will not exceed $3.5 and $4.1 million. In no event will debt be incurred that would exceed the City's debt capacity. It is further expected that loans, advances, indebtedness or bonds to be incurred for the Proposed Project or subsequent projects, including interest on the same, will be financed in whole or in part with tax increment revenues from the Urban Renewal Area. The City Council will consider each request for financial assistance or a project proposal on a case-by-case basis to determine if it is in the City's best interest to participate. Section 11- Urban Renewal Plan Amendments This Urban Renewal Plan may be amended from time to time for a number of reasons, including, but not limited to changes in the boundary; to modify goals, objectives, or types of activities; or to amend property acquisition and disposition provisions. If the City of Iowa City desires to amend this Urban Renewal Plan, it shall do so in conformance with applicable state and local laws. Section 12 - Property Acquisition/Disposition If property acquisition/disposition by the City becomes necessary to accomplish the objectives of the Plan, such acquisition/disposition will be carried out, without limitation, in accordance with the Iowa Code. Section 13 - Effective Period This Urban Renewal Plan will become effective upon its adoption by the City Council of Iowa City and will remain in effect as a plan until it is repealed by the City Council. With respect to the property included within this Foster Road Urban Renewal Area, which is also included in an ordinance which designates that property as a tax increment area, the use of incremental property tax revenues or the "division of revenue," as those words are used in Chapter 403 of the Code of Iowa, is limited with respect to public improvement projects related to non-LMI housing and residential development to ten (10) fiscal years beginning with the second fiscal year after the year in which the municipality first certifies to the county auditor the amount of debt which qualifies for payment from the division of the revenue in connection with any such project. The division of revenues from the Urban Renewal Area shall continue for the maximum period allowed by law. It is also anticipated that separate TIF ordinances for separate parcel(s) may be adopted as development in the Area warrants. In that case, each separate TIF ordinance may have a separate base and separate sunset or expiration date. At all times, the use of tax increment financing revenues (including the amount of loans, advances, indebtedness or bonds which qualify for payment from the division of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out in the Foster Road Urban Renewal Area shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law. Section 14: Severability Clause If any part of this Plan is determined to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the Plan as a whole or any part of the Plan not determined to be invalid or unconstitutional. 0 Addendum No. 1 Legal Description Commencing at the Northwest corner of Lot 16, Balls Subdivision, as shown in Plat Book 3, Page 100; proceeding northeasterly along the south right-of-way line of Foster Road, as shown in Exhibits A-1 and B-1 of the Condemnation records recorded in Book 3100, Page 358; thence following said ROW line to its intersection with the East-West'/4 Section line of NW'/4 of Section 3, Township 79N, Range 6W; thence East along said Section line to the SE corner of the NE'/4 of the NW % of Section 3, Township 79N, Range 6W; thence continuing East along the East-West 1/4 section line to the SW corner of the NE 1/4 of the NE 1/4 of Section 3, Township 79N, Range 6W, as shown on the Final Plat of a re- subdivision of Lot 30, Conway's Subdivision, Plat Book 17, Page 53; thence North along the West line of Lot 30, Conway's Subdivision, Plat Book 4, Book 253, to the Northwest corner of Lot 25, Conway's Subdivision, Plat Book 4, Page 253; thence northeasterly along the North boundary of Conway's Subdivision to the Northeast corner of Lot 15 and continuing easterly to the eastern Prairie Du Chien Road ROW line; thence northwesterly along the eastern ROW line to the Northeast corner of Auditor's Parcel "A", recorded in Plat Book 32, Page 52, said line also being the South ROW of Interstate 80 as shown in the Plat of Survey recorded in Book 32, Page 53 and as described in Book 4224, Page 896 and Book 2944, Page 267; thence West along the Southl-80 ROW to the Northwestern corner of Lot 4, Yocum Subdivision, Plat Book 5, Page 77, said corner being the intersection of the 1-80 South ROW line and the East-West line between Section 3, Township 79N, Range 6W and Section 34, Township 80N, Range 6W; thence East along said section line to the Northwest corner of Auditor's Parcel 2014052, Book 58, Page 324; thence South along the West side of said Parcel to the Southeast corner of Pine Ridge Subdivision, Plat Book 46, Pagel 57; thence westerly along the south side of Pine Ridge Subdivision to the Southwest corner of Lot 1, Pine Ridge Subdivision; thence Southeasterly to the point of beginning. Addendum No. 2 Location Map Foster Road Urban Renewal Area f n Q Urban Renewal Area . 4� r tl `tE Parcel I.T99 CRY Of IIOVA CITY g 0 "0 700 600 m Feet Proposed projects along Foster Road W7 Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 18-74 Resolution renaming Hickory Trail Park as Calder Park. Whereas, the parents of Calder Wills, a 12 -year old boy who passed away in 2017, have requested that Hickory Trail Park, a park near Calder's home where he often played, be renamed Calder Park; Whereas, the parents will donate $16,500 to the City for park use; Whereas, in Resolution No. 11-70 the City Council adopted the City Naming Policy for buildings, facilities or parcels of real property; and Whereas, the requirements of the City Naming Policy are not met in this instance and should be waived. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: Hickory Trail Park is renamed Calder Park. Passed and approved this 20th day of Mar 8� _ /� M yor //w/�- Attest "c! "� 3—IS—(E City Clerk n City Attorney's Office Resolution No. 1 R_74 Page 2 It was moved by Botchwav and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: x ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton I r CITY OF IOWA CO3-20-18 I -r� COUNCIL ACTION REPO' March 20, 2018 Resolution renaming Hickory Trail Park as Calder Park Prepared By: Juli Seydell Johnson, Director of Parks & Recreation Reviewed By: Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: Recommended Approval and Waiver of Two Year Waiting Period at January 10, 2018 Meeting. Attachments: Resolution, Supporting Emails from Park Neighbors Executive Summary: This resolution approves the renaming of Hickory Trail Park, 2831 Hickory Trail, to Calder Park in honor of Calder Wills. Background / Analysis: The request to rename Hickory Trail Park was made by Brian and Brianna Wills. The Wills twelve -year-old son passed away last fall. The Wills' neighborhood, school and the greater community rallied around "Calder Strong" as Calder battled his illness. This support continued in the form of memorial donations to the family once Calder passed away. The family wished to have memorial donations directed to a community use. The family agreed to donate $16,000 to the Iowa City Park Foundation to be used for children's play areas. After discussing current projects, the family agreed that the donation could be used for a portion of the Nature Play Area at Riverfront Crossings Park. However, they wished to also request that their neighborhood park, Hickory Trail Park, be renamed in honor of Calder. Staff agrees with the request to rename Hickory Trail Park. The Wills family and neighborhood surrounding the park were very involved in the original park development. These same neighbors are supporting the change of name for the park (fifteen support emails attached). In addition, the name "Hickory Trail Park" is confusing to many residents since it is close in both name and location to Hickory Hill Park. Changing the name to "Calder Park" will make it a more distinctive name with meaning and connection to the surrounding neighborhood. Staff recommends the proposed name change. The Parks & Recreation Department's naming policy requires that 50% of project cost be donated to the project and that a two-year waiting period happen for memorial naming. The $16,000 donation amounts to 50% of the cost of the small playground and shelter installed at Hickory Trail Park in 2014, although the funds are intended to be directed to a current project. The family has asked that the two-year waiting period be waived. r ' CITY OF IOWA CITY tr� COUNCIL ACTION REPORT The family presented their request tote Parks Commission at the January10,mee ing. The Commission felt that the support of the neighborhood was important in this request. The Commission also agreed that the current name of the park leads to confusion with Hickory Hill Park. The Commission recommends approval of the request including waiving the two-year waiting period. There is not currently an entrance sign at this park. It is scheduled to receive a sign within the next year, as more of the standard park signs are placed throughout the community. In addition to the name of the park on the new park entrance sign, a smaller memorial plaque will be placed close to either the playground or shelter. { 41 e ,1 i Property _ a InformatRm wwer v�eu��er ... .. a CITY NAMING POLICY The naming of an entire building, facility or parcel of real property in recognition of an individual, organization, business or corporation, or other entity, shall first require the approval of both an ad hoc naming committee and City Council. The ad hoc naming committee shall be made up of the City Manager, the relevant City Department Head, and one member from the relevant City -affiliated foundation, if any. If the naming is in recognition of a financial donation to the City, the donation shall be in an amount no less than 50% of the total value of the entire building, facility or parcel of real property. Such donations shall be memorialized in writing in a standardized City Naming Agreement. The naming of any other City property shall require the approval of the relevant City Department Head. 2. The entity having ultimate authority to approve the naming (City Council or the Department Head) shall also have the authority to approve both the wording of the naming and the means by which the naming is displayed and/or published. Appropriate naming recognition for a philanthropic act may be made in the form of a plaque, engraving, or other suitable form of recognition in acknowledgement and appreciation of a specific gift. 3. The decision to name a public facility after an individual on account of their historical significance or impact on the community shall be made no sooner than two years following their death. 4. The City Council reserves the right to rescind any naming or recognition given to any individual, organization, business or corporation, or other entity if at any time the individual, organization, business or corporation, or other entity is found to have neglected to uphold the standards of good citizenship. 5. The individual, organization, business or corporation, or other entity after whom the City structure/facility, property, or improvements is named shall possess no additional rights to the City structure/facility, property, or improvements bearing their name, or to any other City property. 6. All City Boards, Cormnissions, Departments, affiliated foundations, other City entities shall take into account these policy guidelines when conducting fundraising campaigns, or making naming recommendations to the City Council or Department Head. Kellie Fruehling From: Jennifer McDonald <jmcdonald@mchsi.com> Sent: Sunday, March 04, 2018 1:32 PM To: Council Subject: rename our Hickory Trail Park as the Calder Wills Memorial Park Just wanted to let the council know that I support to rename our HickoryTrail Park as the Calder Wills Memorial Park. Calder was a good kid who worked hard and played hard. I was told this will be addressed at the March 20th meeting. Thank you, Jennifer McDonald Late Handouts Distributed Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa CiHtaAe52240 (319) 356-5230 Resolution No. Resolution renaming Hickory Trail Park as Calder Park. Whereas, the parents of Calder Wills, a 12 -year old boy who passed away in 2017, have requested that Hickory Trail Park, a park near Calder's home where he often played, be renamed Calder Park; Whereas, the parents will donate $16,500 to the City for park use; Whereas, in Resolution No. 11-70 the City Council adopted the City Naming Policy for buildings, facilities or parcels of real property; and Whereas, the requirements of the City Naming Policy are not met in this instance and should be waived. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: Hickory Trail Park is renamed Calder Park. Passed and approved this day of March, 2018. Mayor Attest: City Clerk 3 City Attorney's Office Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 5220(319) 356-5230 Resolution No. ution renaming Hickory Trail Park as Whereas, the pilents of Calder Willis, a 12 -year old requested that Hi ory Trail Park, a park near Cald, renamed Calder's P k; Whereas, the parents wl donate $16,000 to the Whereas, in Resolution N 11-70 the City, buildings, facilities or parcels o real orooertv r Whereas, the requirements of the waived. Now, therefore, be it resolved by the Hickory Trail Park is renarrV Passed and approved this day of City Clerk i Calder Park. who passed away in 2017, have home where he often played, be for park use; lcil adopted the City Naming Policy for Policy are not met in this instance and should be of the City of Iowa City, Iowa that: 2018. Mayor App ity Attorneys Office Late Handouts Distributed 47 Kellie Fruehlina . /I - /str2 From: PS Codd <ps_codd@yahoo.com> (Date) Sent: Tuesday, March 20, 2018 12:19 PM To: Council Cc: Kingsley Botchway; Rockne Cole; Susan Mims; Mazahir Salih; Pauline Taylor, John Thomas; Jim Throgmorton Subject: Renaming Hickory Trail Park Good afternoon, As an Iowa City community member I am sending this email to support the name change of 'Hickory Trail Park' to that of 'Calder Park', in memoriam of Calder Wills. I know the Wills family socially, but also have an unfortunate connection in that my youngest son Dashiell passed away in 2013 from a very rare cancer. Because of my son's love for books/libraries our very dear friends, Tim and Gretchen Terry, donated funds to have the preschool library at Willowwind School renamed'The Dashiell Codd Early Childhood Learning Center'. This was extremely unexpected and deeply appreciated. As a parent, there is healing in seeing your child live on in a place they treasured spending time with family and friends. And, knowing they will never enjoy it again, but that others will and when they do they will say your loved one's name, is priceless. Speaking for myself and other grief-stricken parents who have expressed the same, you live in fear that your precious one will be forgotten. These kinds of opportunities ensure there is always a place for them. I am sure you have received an insurmountable number of correspondence in support of this initiative. I hope you read every single one and find the value in who this little boy was and how he emulated the the compassionate, kind, joyful heart of our unique community. Thank you, Pamela Codd Sent from my iPhone Prepared by Wendy Ford 410 E. Washington St., Iowa City, IA 52240 (319) 3565248 Resolution No. 18-76 Resolution approving an Amendment No. 1 to the Agreement for Private Redevelopment by and between the City of Iowa City and CORE Sycamore Town Center, LLC. Whereas, the City Council approved an agreement for Private Redevelopment with CORE Sycamore Town Center, L.L.C. for an improvement project to repurpose anchor retail space and improve the parking lot and pedestrian access on November 18, 2014 by Resolution 14-327; and Whereas, this property is located within the Sycamore First Avenue Urban Renewal Area and subject to the Sycamore First Avenue Urban Renewal Plan first approved by City Council on August 15, 2000 by Resolution No 00-295, and amended most recently October 21, 2014 by Resolution 14-301; and Whereas, in exchange for a combination of Tax Increment Financing rebates and grants totaling $1,750,000 over six years, the property owner agreed to abide by certain requirements; and Whereas, the requirements consisted of increasing the assessed value of the property by a minimum of 15% by January 1, 2016, ensuring that interior and exterior renovations will be consistent with the architectural renderings and site plans provided, building design standards as outlined in the development agreement and be in compliance with all standards set forth in the Iowa City Code of Ordinances, meet occupancy thresholds ensuring that at least 65% of the gross leasable floor space is occupied by November 1, 2015, 75% by November 1, 2016 and 80% by November 1, 2017 and for each year through the end of the term; and Whereas, Developer has requested an amendment to the Agreement because it was unable to meet the November 2017 occupancy threshold and has not completed all of the required minimum improvements; and Whereas the Developer anticipates that it can meet the 80% occupancy requirement by May 10, 2018 and that it can complete all minimum improvements by July 1, 2018; and Whereas, it is the determination of this City Council that approval of Amendment No. 1 to the Agreement for Private Redevelopment is in the public interest of the residents of the City and is consistent with the purposes and objectives of the Plan. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1) The attached Amendment No. 1 for the Agreement for Private Redevelopment by and between the City of Iowa City Iowa and Core Sycamore Town Center is in the public interest of the residents of Iowa City. 2) Said Amendment No. 1 is consistent with and authorized by the Urban Renewal Plan and all applicable State and federal laws including but not limited to Iowa Code Chapters 15A and 403. Resolution No. 18-76 Page 2 3) The Mayor is authorized and directed to execute the Amendment No. 1 and the City Clerk is authorized and directed to attest his signature and to affix the seal of the City Clerk. 4) The Mayor and City Clerk be and they are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City s performance as provided therein. 5) The City Manager is hereby authorized to administer the terms of the Agreement for Private Redevelopment, as amended. Passed and approved this 20th day of march '2018 Attest: Ci Clerk K4AYOR Approved by: City Attorney's Office 3 /g /t Resolution No. 19-76 Page 3 It was moved by Botchway and seconded by Taylor the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton AMENDMENT No. I To AGREEMENT FOR PRIVATE REDEVELOPMENT This Amendment No. I (the "Amendment') is made on or as of March 20 th, , 2018, between the CITY OF IOWA CITY, IOWA (the "City"), an Iowa municipality, and CORE SYCAMORE TOWN CENTER, LLC (the "Developer"), a Delaware limited liability company. RECITALS. The City and the Developer entered into an Agreement for Private Redevelopment dated November 18, 2014 (the "Agreement'). It is necessary to amend the Agreement in certain respects to reflect the current status of the redevelopment. AMENDMENTS. The City and the Developer agree to amend the Agreement as follows, effective as of January 1,2018: Section 3.3 — Occupancy is amended to read as follows: The parties acknowledge that the gross leasable floor space of the Development Property is 239,225 square feet. Along with the certifications required under 6.7 hereto, the Developer will certify that by November 1, 2015, at least 65% of the gross leasable floor space of the Development Property is occupied by an Active Tenant (155,496 square feet). On November 1, 2016, the Developer will certify that 75% of the gross leasable floor space of the Development Property is occupied by an Active Tenant (179,418 square feet). On November 1, 2017, the Developer will certify that 70% of the gross leasable floor space of the Development Property is occupied by an Active Tenant (167,457 square feet). On or before November 1, 2018, the Developer will certify that beginning May 10, 2018, 80% of the gross leasable floor space of the Development Property (191,380 square feet) has been occupied by an Active Tenant. Beginning on November 1, 2019, and until the Termination Date, the Developer will certify that during ten of the twelve previous months, 80% of the gross leasable floor space of the Development Property has been occupied by an Active Tenant (191,380 square feet). The Developer shall further certify that it remains in compliance with the Minimum Improvements described in Exhibit B, and to timely provide reasonable documentation to support the same upon request by the City. 2. Section 6.7 Annual Certification is amended to require that the Developer shall attach to each Annual Certification a list of all Active Tenants, lease dates, and square footage occupied by each Active Tenant. 3. Section 8.1(a) Economic Development Grants is amended to read as follows: For and in consideration of the obligations being assumed by the Developer hereunder, and in furtherance of the goals and objectives of the Urban Renewal Plan and the Urban Renewal Act, the City agrees, subject to the Developer having received a Certificate of Completion for construction of the Minimum Improvements by July 1, 2018, and being and remaining in compliance with the terms of this Agreement, to assume an obligation to make up to seven (7) consecutive annual payments to the Developer, commencing within 30 days of issuance of a Certificate of Completion, continuing each June 1 thereafter ending on June 1, 2024, pursuant to Section 403.9 of the Urban Renewal Act, equal in amounts to one hundred percent (100%) per fiscal year of the Tax Increments collected by the City with respect to the Minimum Improvements on Development Property under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.9 and excluding any interest that may accrue thereon prior to payment to the Developer), but subject to adjustment and conditions precedent as provided in this Article. 4. The attached Exhibit B is substituted for the Exhibit B to the Agreement. 5. The attached Exhibit E is substituted for the Exhibit E to the Agreement. 6. All other provisions of the Agreement shall remain in full force and effect. Signed as of the date stated in the introductory paragraph. (SEAL) Attest: Kellie Fruehling, CY Clerk A//p/proved by: // , N� g OD (j�L'j�Q� City Attorney's Office STATE OF IOWA, JOHNSON COUNTY, ss. CITY OF IOWA CITY, IOWA By h un Throgmorton, Mayor This instrument was acknowledged and sealed before me on , 2018, by Jim orlon and Kellie Freehling as Mayor and Ci Jerk, resile%ti ly, f -the City of Iowa City, Iowa. CHRISTINE OLNEY U��G w� i �ommisaion Number 806232 Notary Public in aW or the State of Iowa ► ' • * My Commission Expires OWq REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK CORE Sycamore Town Center, LLC A Delaware limited liability company By its Manager: Nevada Income Investment, LLC A Nevada limited liability company By its Manager: Saunders Family Partnership, LLC A California 1yite lability company By Jqlm R. Saunders, Manager Attach California All -Purpose Acknowledgment: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of_& -j 19.1 Bft�l GI On CX before (insert name andtitleof the officer) -Fr personally appeared 36-a1\ :54\11- bor5 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Signature (Seal) JAMES KAETZSCHMAH Notary pubI" California § Orange County Commission 92204956 My Comm. Expires Aug 9,2021 + EXHIBIT B (As amended) The Minimum Improvements shall consist of the constructing certain improvements to portions of the existing parking lot, building facade and interior, which improvements shall include: a) the installation of certain parking lot and pedestrian access improvements within the Development Property, as generally shown on the conceptual site plan shown below. b) in conjunction with the installation of certain parking lot and pedestrian access improvements as described in a) above, Developer shall provide enhanced landscaping in accordance with a landscaping site plan approved by the City Manager, or designee. c) the interior remodeling of the Lucky's Market space, the Planet Fitness space, and those two spaces indicated on the attached site plan as the "Future New Retail" spaces. This interior remodel shall include the elimination of the existing common hallway currently bisecting these spaces, and creation of new common areas intended to foster entertainment and social gatherings. d) facade improvements to the Lucky's Market space, the 25,900 SF Future New Retail space, and that portion of the southeast fapade labeled as "fagade improvements" more particularly shown on the attached site plan. These Minimum Improvements shall be approved by the City pursuant to Section 3.1 of the Agreement. The Developer shall pay particular attention to the installation of curbed and landscaped end - islands, the provision of a sidewalk connection from Lower Muscatine Road, Sycamore Street and 1" Avenue to a mall entrance, and compliance with the parking area tree coverage standards of the zoning code, as well as the obligations set forth in this Agreement for Private Redevelopment. Developer's total Investment in the Minimum Improvements shall be at least $4,400,000 and shall be completed by July 1, 2018, though Developer shall commence the Minimum Improvements and make sufficient progress toward completion thereof to result in an increase in actual assessed value of the Development Property of at least fifteen (15) percent by January 1, 2016 (current assessed value is $10,015,520), as more fully set forth in this Agreement for Private Redevelopment. Developer shall enter into lease agreements, and maintain those agreements for as long as this Agreement for Private Redevelopment remains in effect, with retailers for a 33,000 SF grocery story, a 17,800 SF fitness facility. EXHIBIT E ANNUAL CERTIFICATION Date: (due annually no later than November 1) I, , the undersigned, having knowledge of the Developer's Agreement between the City of Iowa City and CORE Sycamore Town Center, LLC, dated November 18, 2014, and the operations of the Development Property, hereby certify the following; I. All ad valorem taxes on the Development Property have been paid for the prior fiscal year, as evidenced by the attached documentation; and 2. (A) I have re-examined the terms and provisions of the Development Agreement and can affirm that during the preceding twelve (12) months, the Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of said Agreement (including but not limited to the occupancy requirements of Section 3.3 thereto) and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of this certificate. OR (B) the undersigned has re-examined the terms and provisions of the Development Agreement and that at the date of this certificate, the undersigned is aware that the Developer is in default of the Agreement for the following reasons: that the default has existed since (date); and that the Developer is taking or proposes to take the following action with respect thereto: 3. Developer has invested $ in completing the Minimum Improvements, as evidenced by and has taken all reasonably necessary action to maintain said improvements; 4. The current percentage of square footage occupied by an Active Tenant within the Development Property is ;' 2 By: (Name, title) Date: 1 See Section 3.3 of Developer's Agreement, as amended, for occupancy requirements. 2 Pursuant to Section 6.7 of the Developer's Agreement, as amended, attach a list of all Active Tenants, lease dates, and square footage occupied by each Active Tenant. r 1 CITY OF IOWA CI =-28 �- = COUNCIL ACTION REPO March 20, 2018 Resolution approving an Amendment #1 to the Agreement for Private Redevelopment by and between the City of Iowa City and CORE Sycamore Town center, LLC. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Simon Andrew, Assistant to the City Manager Fiscal Impact: n/a Recommendations: Staff: Approval Commission: n/a Attachments: Amendment #1 Resolution Executive Summary: City Council approved a Developer's Agreement on November 18, 2014 for a private redevelopment at Iowa City Marketplace (formerly known as Sycamore Mall). The agreement stipulated certain minimum improvements, occupancy levels and a timeline for completion of a project designed to backfill the large retail space left by VonMaur's departure and rebrand the Sycamore Mall to the Iowa City Marketplace including exterior, landscape and signage updates. The developer is seeking an amendment to the development agreement granting an extension to the timeframe by which certain measures are met. Background / Analysis: The agreement stipulated that in exchange for $1,750,000 in TIF rebates the developer would: • Invest at least $4,400,000 in the improvements to be completed by November 1, 2017, • Meet retailer occupancy thresholds ensuring that at least 65% of the gross leasable floor space was occupied by an Active Tenant on November 1, 2015, 75% by November 1, 2016 and 80% by November 1, 2017 and for each year through the end of the term, and • Increase the assessed value of the property by a minimum of 15% by November 1, 2015, ensuring that interior and exterior renovations be consistent with the architectural renderings and site plans provided, meet building design standards as outlined in the development agreement, and follow all standards set forth in the Iowa City Code of Ordinances. City staff monitors all TIF projects every November, prior to the December 1 state certification. At the November 2017 certification, CORE Sycamore Town Center, LLC had completed the following minimum improvements, per the original agreement: • Invested at least $4,400,000 in renovation. To date they have invested $5,474,000. • Secured Lucky's Market and Planet Fitness as new tenants. • Resurfaced the Lucky's Market portion of the parking lot and installed sidewalks and landscaping from Lower Muscatine to mall entrances. • Increased the valuation of the property by at least 15% by January 2016 (see table below). I r � `mMatt CITY OF IOWA CITY COUNCIL ACTION REPORT Year Valuation Increase 2014 base value $10,015,520 July 1, 2018 2015 $10,514,000 4.98% 2016 must hit 15% increase $11,865,740 18.47% 2017 $11,882,270 18.64% However, it was also clear that a portion of the interior remodeling, some of the landscaping and parking lot improvements and some of the fagade improvements were not yet completed as required in the development agreement. It was also noted that the retail occupancy was not at the required level. The developer approached the City with a request for an extension and explained the delay was due in part to the negotiation with Joann's and the ensuing completion of two Future New Retail spaces, as required in the agreement. Regarding the timeline, they explained the lengthy negotiations delayed their ability to complete the interior spaces for the new tenants to the winter of 2017-2018, which in turn, delayed the ability to complete the exterior improvements on the fagade and in the parking lot and landscaped areas until after the tenants were in, and after asphalt plants re -open in the spring. Regarding the shortfall in the required 75% occupancy by the November 1, 2017 certification, the developer explains that to secure the Joann's lease, they had to move two retailers out, cancelling their leases (a total of 10,000 square feet), and use the former Ben Franklin space (18,000 square feet) to rebuild the utility room and reserve space for construction and staging in preparation for Joann's. When both new tenants are in this year, occupancy will be at least 80%. Originally, the new tenants for the Two Future Retail spaces were to occupy 25,900 square feet. With the reconfiguration, they will now occupy 34,500 — 37,000 square feet. Due to the larger footprint of the two new retailers, the fagade improvements will now cover larger store fronts as well. The table below summarizes the amendments: Element of agreement Original agreement Amendment #1 Completion of minimum November 1, 2017 July 1, 2018 date —improvements Improvements All minimum Yet to be completed: improvements • Interior remodeling of 2 new, retail spaces • Parking lot and landscaping • Fa ade improvements Occupancy by Active Nov. 1, 2015: 65% Nov. 1, 2015: 65% Tenant (defined as tenant Nov. 1, 2016: 75% Nov. 1, 2016: 75% conducting retail business, Nov. 1, 2017 to end of Nov. 1, 2017: 70% not just a signed lease for agreement: 80% Nov. 1, 2018 to end of the space) agreement: 80% beginning May 10, 2018' forward. (' May 10, 2018 is the day Joann's will become an Active Tenant.) CITY OF IOWA CITY COUNCIL ACTION REPORT Because of the progress made and the near complete status of the remaining elements of the agreement, and because they will exceed the original 25,900 square feet in future retail space by almost 10,000 square feet, staff recommends approval of Amendment #1 to the Agreement for Private Redevelopment with CORE Sycamore Town Center. q Prepared by: Kent Ralston, Transportation Planner, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5253 Resolution No. 18-77 Resolution adopting a Complete Streets Policy for the City of Iowa City and rescinding Resolution No. 15-81. Whereas, the City of Iowa City is committed to creating street corridors that accommodate all users and modes of transportation; and Whereas, the City Council adopted its first Complete Streets Policy in 2007 and amended that Policy in 2015 by Resolution No. 15-81; and, Whereas, adequate pedestrian, bicycle, public transit, and motorized vehicle facilities are implemented through subdivision design standards and public road construction and major reconstruction projects; and Whereas, the City expects to realize long-term benefits through implementation of the policy including improved public health and environmental stewardship, reduced fuel consumption, and reduced demand for motor vehicle infrastructure; and Whereas, further amendment of the policy is prudent to add collision -based performance measures and performance measures to track transit ridership and bicycle and pedestrian trips. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Resolution No. 15-81 is rescinded. 2. The attached Complete Streets Policy is adopted. Passed and approved this 20th day of March 2018 Attest: c P G City Clerk / / City Attorney's Office -?-/ 9 1 X Resolution No. 18-77 Page 2 It was moved by Salih and seconded by trims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton City of Iowa City, Iowa Complete Streets Policy (Adopted 3.20.2018) The Vision The City of Iowa City intends and expects to realize long-term cost savings in improved public health, reduced fuel consumption, better environmental stewardship, and reduced demand for motor vehicle infrastructure through the implementation of this Complete Streets Policy. Complete Streets also contribute to walkable neighborhoods, make the community attractive to new business and employment, create a sense of community pride, and improve quality -of - life. Users and Modes This policy defines Complete Streets by this outcome: all current and projected users of the public right-of-way are intended to conveniently reach their destinations via public rights-of- way, regardless of their chosen mode of transportation for that street or road to be considered "complete." The design, operation, and maintenance of the City of Iowa City's street network will create a connected grid of streets accommodating a safe, easily accessible, convenient, comfortable, and visually appealing manner for all users of all ages and abilities, including motorists, pedestrians, bicyclists, transit riders, children, senior citizens, persons with disabilities, freight carriers, emergency responders, and adjacent land users. Implementation The City of Iowa City will provide for the needs of all users and abilities in all planning, design, construction, reconstruction, retrofit, operations, and maintenance activities and products within the public right-of-way. Each City Department that performs physical improvements in the right-of-way (streets, sidewalks, landscaping, public utilities, etc.), and private developers that build infrastructure (streets, public utilities, etc.) for dedication to the City will perform such work in compliance with this policy. While some streets and roads may require changes to the right-of-way to better accommodate non -motorized users, many low volume streets and roads will require only minor changes, such as signage or restriping, or no changes at all (see Context Sensitive Design, below). Complete Streets are generally accomplished through adding the following to the public right- of-way: sidewalks, bike lanes, shared use lanes (sharrows), bus stops, public spaces, improved way -finding signage, utility corridors, etc. Projects in the right-of-way will incorporate sidewalks, ADA -compliant curb ramps, ADA -compliant bus stops, bicycle facilities, and any other reasonably applicable facilities. In particular, capital projects will incorporate complete street facilities found in City Council adopted plans, including (but not limited to) the Comprehensive Plan, bicycle and pedestrian plans, ADA Accessibility Transition Plan, and district plans. This Complete Streets Policy and associated project documentation applies to any NEW STREET, RECONSTRUCTED STREET, or STREET MAINTENANCE within the public right -of -Way (see Definitions section for CAPITALIZED items) with the following clarifications: A. NEW STREETS and RECONSTRUCTED STREETS either built by the City or by a developer for City ownership will implement complete streets —applies in all zoning designations and land uses. B. STREET MAINTENANCE projects —whereas all NEW STREET and RECONSTRUCTED STREETS Will implement multi -modal transportation elements, it is not expected for maintenance and rehabilitation projects to change geometric features and functional elements to upgrade to multi -modal transportation elements, although items that fit within the existing geometrics should be implemented (e.g. re -striping, signage upgrades, sidewalks, etc.). C. PRIVATE STREETS —sidewalks and ADA -compliant curb ramps are required; otherwise PRIVATE STREETS are exempt from this policy. D. Co -Jurisdictional streets— Complete Streets will be considered in conjunction with other jurisdictions' policies or practices. E. Existing and new bus stops within a project corridor will be ADA compliant. Design Criteria and Context Sensitive Design Each street and right-of-way design should be practically undertaken to complement the neighborhood in which it exists, while complying with accepted or adopted design standards and other guidelines based upon resources identifying best practices in urban design and street design, construction, operations and maintenance when implementing improvements intended to fulfill this Complete Streets policy. The City will consider all available design options in the following manuals to ensure access for all modes: • AASHTO Green Book: A Policy on Geometric Design of Highways and Streets, by the American Association of State Highway and Transportation Officials • AASHTO Guide for the Development of Bicycle Facilities, by the American Association of State Highway and Transportation Officials • Urban Street Design Guide, by the National Association of City Transportation Officials • Urban Bikeway Design Guide, by the National Association of City Transportation Officials • Iowa Statewide Urban Design Standards, by the Institute for Transportation at Iowa State University • Iowa City, Iowa City Code, Title 15 —Land Subdivision, by the City of Iowa City Connectivity and All Agencies The City of Iowa City will design, operate, and maintain a transportation network that provides a connected network of facilities accommodating all modes of travel. To achieve a connected network, the City will foster partnerships with the State of Iowa, the Federal Highway Administration, the Metropolitan Planning Organization of Johnson County, school district, Johnson County, surrounding cities, citizens, businesses, interest groups and neighborhoods to implement the Complete Streets policy throughout Iowa City. Exceptions Exceptions to the Complete Streets policy must be documented in writing by the City Engineer with supporting data that indicates the reason for the decision. The documented decision(s) will be reviewed by the City Manager or designee. Exceptions are limited to the following: Where there are relatively high safety risks. There are times bicycle and pedestrian facility standards cannot be met due to roadway topographic constraints or it is impractical to make the street safe for shared use. Roads with a combination of traffic volumes exceeding 18,000 vehicles per day, constrained and fixed rights-of-way, or posted speeds of 45+ mph may need special consideration. This type of exception is highly problematic because high traffic volume is often an indication that a road is the most direct connection between multiple origins and destinations, and pedestrians, cyclists and transit users should not be denied access to those destinations. For this exception to be granted, the City will enhance alternate routes (e.g. signage, bike boulevard treatments, shared -use trail spurs, bike lanes, shared -lane markings, etc.). • Where bicyclists and pedestrians are prohibited bylaw from using the roadway. • Where amain road has multi -modal facilities for all users of the right-of-way, the PUBLIC FRONTAGE ROAD may be exempt from this policy. Where the project consists primarily of the installation of traffic control, including pre - timed traffic signals, or safety devices and little or no additional right-of-way is to be acquired. However whenever new traffic control detection devices are installed they must be capable of detecting bicycles. All new pedestrian crossing devices must also meet the most current accessibility standards for controls, signals, and placement. • Where a project involves emergency maintenance activities designed to keep assets in serviceable condition or when interim measures are implemented on temporary detour routes. • Where the Director of Public Works and the Director of Neighborhood & Development Services jointly determine the construction is not practically feasible due to significant or adverse environmental impacts to waterways, floodplains, significant street trees, remnants of native vegetation, wetlands, or other critical areas. • Where the cost of establishing bikeways or walkways would be excessively disproportionate to the cost of project. In accordance with federal guidelines, excessively disproportionate is defined as exceeding twenty percent of the cost of the total transportation project (including right of way acquisition costs). This exception must consider probable use through the life of the project, a minimum of 20 years. • Where scarcity of population or other factors indicate an absence of need for current and future conditions. This exception must take the long view and consider probable use through the life of the project, a minimum of 20 years. • Where the Average Daily Traffic count (ADT) is projected to be less than 1,000 vehicles per day over the life of the project. Performance Measures The City will measure the success of Complete Streets policy by using the following measures: • Miles of bike lanes, trails, shared lane arrows striped or built • Linear feet of pedestrian accommodations built • Number of ADA accessibility accommodations built • Number of exemptions from this policy approved • Number of projects in which street trees were planted and number of trees • Number and severity of vehicle collisions • Number and severity of bicycle/pedestrian collisions • Number of trips by bicycle/pedestrian • Number of passenger trips by transit Definitions A. COMPLETE STREET: a street that accommodates convenient and safe use by everyone, regardless of age, ability, or mode of travel. B. CONTEXT SENSITIVE DESIGN SOLUTION: a design which balances safety, mobility and transportation needs, while preserving scenic, aesthetic, historical, environmental, neighborhood and community values and characteristics. C. STREET: The STREET is considered to be the subgrade, base, pavement, grading, storm sewer, and sub -drains. (i.e., all of the elements required to build, operate, and maintain the street.) D. NEW STREET: a street constructed where one has not previously existed. E. RECONSTRUCTED STREET: an existing street that has rehabilitation done to it, which is estimated at 50% or higher of the cost of NEW STREET (excluding utilities except storm sewer or sub -drains), will also be considered a RECONSTRUCTED STREET for the purposes of this policy. PUBLIC STREET: a roadway owned and maintained by the City of Iowa City, providing frontage for (a) parcel(s) of property as set forth in the City Code of Iowa City, Title 14 Zoning Code. G. PRIVATE STREET: a privately owned and maintained roadway established by final platting or otherwise established as approved by the City of Iowa City, providing frontage for (a) parcel(s) of property as set forth in the City Zoning regulations. H. PUBLIC FRONTAGE ROAD: a roadway located with portions of PUBLIC STREET right-of- way, frontage road reservation easement or adjoining other streets, which have access control. STREET MAINTENANCE: rehabilitation of a street, which generally restores the functionality of the existing street components (either primarily as a street project or in conjunction with underground public utility construction), without significantly altering or adding to those components, and which is estimated at less than 50% of the cost of a NEW STREET with those same components. Utility construction (except storm sewer or sub -drains) is excluded from this cost calculation. J. PARKWAY: The non -driveway area of public right-of-way between the back of curb or edge of roadway and the right-of-way line. Boards & Commissions Meeting Dates/Time & Terms Board/Commission MEETING DATES and TIME # Mbrs Term Adjustments, Board 2"" Wednesday each month 5:15 p.m. 5 5 Year Term Begin 1/1- End 1/1 Airport Commission 3rd Thursday each month 6:00 p.m. 5 4 Year Term Begin 7/1- End 7/1 Airport Zoning As needed 6 Year Term Begin 1/1- End 12/31 Airport Zoning Brd of As needed 5 Year Term Adjustment Begin 1/1- End 12/31 Appeals, Board of in Monday each month 4 p.m. (not regular) 5 5 Year Term Begin 1/1- End 12/31 Assessor's Examining As needed 6 Year Term Board Begin 1/1- End 12/31 Civil Service As needed 3 4Year Term Commission Begin 1st Monday April Climate Action Bi -Monthly 12:00 p.m. Steering Committee Community Police 2nd Tuesday each month 5:30 p.m. 5 4 Year Term Review Board Begin 7/1/ - End 7/1 Council Economic As needed Development Council Rules As needed Committee Historic Preservation 2nd Thursday each month 5:30 p.m. 11 3 Year Term Commission Begin 7/1- End 7/1 Housing & Community 31 Thursday each month 6:30 p.m. 9 3 Year Term Begin Development 7/1- End 7/1 Human Rights 3`d Tuesday each month 5:30 p.m. 9 3 Year Term Begin Commission 7/1- End 7/1 Library, Board of 4th Thursday each month 5:00 p.m. 9 6 Year Term Trustees Begin 7/1/ - End 6/30 Parks/ Recreation 2"d Wednesday each month 5:00 p.m. 9 4 Year Term Commission Begin 1/1- End 1/1 Planning & Zoning 1st & 31 Thursday each month 7:00 p.m. 7 5 Year Term Commission Begin 7/1- End 7/1 Public Art Advisory In Thursday each month 3:30 p.m. 7 3 Year Term Committee Begin 1/1- End 1/1 Review, Board of May 1- May 31 as necessary 6 Year Term Begin 1/1- End 12/31 Senior Center 31d Thursday each month 4:00 p.m. 7 3 Year Term Commission Begin 1/1- End 12/31 Telecommunications 4" Monday each month 5:30 p.m. 5 3 Year Term Commission Begin 7/1- End 7/1 City of Iowa City, Iowa Complete The Vision Policy The City of Iowa intends and expects to realize long-term costs ngs in improved public health, reduced fuel nsumption, better environmental steward ip, and reduced demand for motor vehicle infrastru ure through the implementation of th' Complete Streets Policy. Complete Streets also con ibute to walkable neighborhood , make the community attractive to new business and employ ent, create a sense of com nity pride, and improve quality -of - life. Users and Modes This policy defines Complete Streets by public right-of-way are intended to con way, regardless of their chosen mode o "complete." The design, operation, and will create a connected grid of streets comfortable, and visually appealing a motorists, pedestrians, bicyclists, ansi arriers disabilities, freight c, eme ency Implementation ocome: all current and projected users of the t reach their destinations via public rights-of- or tion for that street or road to be considered rte nce of the City of Iowa City's street network imod ing a safe, easily accessible, convenient, for all u rs of all ages and bilities,including t riders, childrely, senior citizens, persons with responders, and 4acent land users. The City of Iowa City will Ffovide for the needs of all users and ab' ities in all planning, design, construction, reconstru ion, retrofit, operations, and maintenance ctivities and products within the public right- f -way. Each City Department that performs p sical improvements in the right-of-way (str ts, sidewalks, landscaping, public utilities, etc.), a private developers that build infrastru ure (streets, public utilities, etc.) for dedication to the ity will perform such work in com iance with this policy. While some streets and roads ma equire changes to the right-of-way o better accommodate non -motorized users, many low volu a streets and roads will requ' a only minor changes, such as signage or restriping, or no chang at all (see Context Sensi eve Design, below). Complete reets are generally accomplished through adding the following to the pub right- of-way: ' ewalks, bike lanes, shared use lanes (sharrows), bus stops, public space , imp ved way-finmg signage, utility corridors, etc. Projects in the right-of-way will incorporate sidew/ ks, ADA -compliant curb ramps, ADA -compliant bus stops, bicycle facilities, and any other reasonably applicable facilities. In particular, capital projects will incorporate complete street facilities found in City Council adopted plans, including (but not limited to) the Comprehensive Plan, bicycle and pedestrian plans, ADA Accessibility Transition Plan, and district plans. This Complete Streets Policy and associated project documentation ap les to any NEW STREET, RECONSTRUCTED STREET, or STREET MAINTENANCE within the public right -o ay (see Definitions seCLYQn for CAPITALIZED items) with the following clarifications: A. N�WSTREETS and RECONSTRUCTED STREETS either built by yKe City or by a developer for City own ship will implement complete streets — appli s in all zoning designations and land uses. B. STREET MAINT ANCE projects — whereas all N STREET and RECONSTRUCTED STREETS WIII implement mul '-modal transportation el ents, it is not expected for maintenance and rehabilitation pro\beitr change geom ric features and functional elements to upgrade to multi -modal trtion eleme s, although items that fit within the existing geometrics shoullemented e.g. re -striping, signage upgrades, sidewalks, etc.). C. PRIVATE STREETS—sidewalks PRIVATE STREETS are exempt D. Co -Jurisdictional streets— jurisdictions' policies or pJ E. Existing and new bus Design Criteria and )6A -compliant curb ramps are required; otherwise this policy. Streets will be considered in conjunction with other within a proje%t corridor will be ADA compliant. Design Each street and right -of- ay design should be practical) ndertaken to complement the neighborhood in whic It exists, while complying with ac c ted or adopted design standards and other guidelines ased upon resources identifying best actices in urban design and street design, constructio ,operations and maintenance when imple enting improvements intended to fulfill this Comp to Streets policy. The City will consider all av ')able design options in the following manual to ensure access for all modes: • AASHTO Green Book., A Policy on Geometric Design of HighwaysVnd Streets, by the Association of State Highway and Transportation • AASj4TO Guide for the Development of Bicycle Facilities, by the Amerid�in Association of St#e Highway and Transportation Officials • l/rban Street Design Guide, by the National Association of City Transportatliqn Officials • /Urban Bikeway Design Guide, by the National Association of City TransportatiN Officials Iowa Statewide Urban Design Standards, by the Institute for Transportation at State University 0 Iowa City, Iowa City Code, Title 15 —Land Subdivision, by the City of Iowa City Connectivity and All Agencies The City o owa City will design, operate, and maintain a transportation network that provides a connected etwork of facilities accommodating all modes of travel. To achieve a connected network, the C will foster partnerships with the State of Iowa, the Federal Highway Administration, t Metropolitan Planning Organization of Johnson County, school district, Johnson County, su unding cities, citizens, businesses, interest groups and neighborhoods to implement the Compl Streets policy throughout Iowa City. Exceptions Exceptions to the Complete Stris policy must be docu ented in writing by the City Engineer with supporting data that indicate the reason for th decision. The documented decision(s) will be reviewed by the City Manage or designee. ceptions are limited to the following: • Where there are relatively highfety sks. There are times bicycle and pedestrian facility standards cannot be met d o roadway topographic constraints or it is impractical to make the street saf\denied d use. Roads with a combination of traffic volumes exceeding 18,000 vehic s constrained and fixed rights-of-way, or posted speeds of 45+ mph ma neel consideration. This type of exception is highly problematic because gh trame is often an indication that a road is the most direct connection be een mins and destinations, and pedestrians, cyclists and transit users hould noted ccess to those destinations. For this exception to be grante , the City wice a ernate routes (e.g. signage, bike boulevard treatmen , shared -use ts, bike anes, shared -lane markings, etc.). • Where bicyclists 9(nd pedestrians are prohibited by Nw from using the roadway. • Wh/tric oad has multi -modal facilities for all us s of the right-of-way, the PUBAGE ROAD may be exempt from this polic . • Whoject consists primarily of the installation oft ffic control, including pre- timignals, or safety devices and little or no additio al right-of-way is to be acqever whenever new traffic control detection dev es are installed they musle of detecting bicycles. All new pedestrian crossin devices must also meet current accessibility standards for controls, signals, nd placement. • W ere a project involves emergency maintenance activities designe to keep assets in erviceable condition or when interim measures are implemented on emporary detour routes. • Where the Director of Public Works and the Director of Neighborhood & velopment Services jointly determine the construction is not practically feasible due to ignificant or adverse environmental impacts to waterways, floodplains, significant stree trees, remnants of native vegetation, wetlands, or other critical areas. • Where the cost of establishing bikeways or walkways would be excessively d sproportionate to the cost of project. In accordance with federal guidelines, ex essively disproportionate is defined as exceeding twenty percent of the cost of the tot transportation project (including right of way acquisition costs). This exception must onsider probable use through the life of the project, a minimum of 20 years. • Where s rcity of population or other factors indicate an absence of ed for current and future ondit'ons. This exception must take the long view and co Sider probable use through a life of the project, a minimum of 20 years. • Where the Aver a Daily Traffic count (ADT) is projected to b less than 1,000 vehicles per day over the li of the project. Performance Measures The City will measure the success%f Complete Streets poXy by using the following measures: • Miles of bike lanes, trails, shar lane arrows triped or built • Linear feet of pedestrian acAeett.rees uilt • Number of ADA accessibilitons built • Number of exemptions froroved • Number of projects in whicre planted • Numhor and cavarity of va • Nur • Nur • Nur Definitions A. COMPLET STREET: a street that accommodates convenient�nd safe use by everyone, regard) s of age, ability, or mode of travel. B. CONyEXT SENSITIVE DESIGN SOLUTION: a design which balances afety, mobility and Ztr sportation needs, while preserving scenic, aesthetic, historical, nvironmental, Ighborhood and community values and characteristics. STREET: The STREET is considered to be the subgrade, base, pavement, rading, storm sewer, and sub -drains. (i.e., all of the elements required to build, operate and maintain the street.) D. NEW STREET: a street constructed where one has not previously existed. E. RECONSTRUCTED STREET: an existing street that has rehabilitation done to it, which is estimated at 50% or higher of the cost of NEW STREET (excluding utilities except storm sewer or sub -drains), will also be considered a RECONSTRUCTED STREET for the poses of this policy. ) F. PUBLIC S EET: a roadway owned and maintained by the City of IowaC' y, providing frontage for ) parcel(s) of property as set forth in the City Code of I a City, Title 14 Zoning Code. G. PRIVATE STREET: a vately owned and maintained roadway stablished by final platting or otherwise a ablished as approved by the City o owa City, providing frontage for (a) parcel(s) property as set fort/the yZoning regulations. H. PUBLIC FRONTAGE ROAD: a ro dwaylocated wsof PUBLIC STREET right-of- way, frontage road reservation a sement or ader streets, which have access control. STREET MAINTENANCE: rehabilitatic functionality of the existing street coi conjunction with underground public or adding to those components, and NEW STREET with those same colo sub -drains) is excluded from thi cost 'street, which generally restores the nts (either primarily as a street project or in construction), without significantly altering estimated at less than 50% of the cost of a U 'lity construction (except storm sewer or J. PARKWAY: The non-drivewarea of public right-o'way between the back of curb or edge of roadway and the r ht -of -way line. 'r CITY OF IOWA CI -Fay �� COUNCIL ACTION REP 18 March 20, 2018 Resolution adopting a Complete Streets Policy for the City of Iowa City and rescinding Resolution No. 15-81. Prepared By: Kent Ralston; Transportation Planner Reviewed By: Ashley Monroe; Assistant City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution and Revised Complete Streets Policy Executive Summary: At their October 17, 2017 City Council Work Session, the Council indicated support for adding several collision -based performance measures to the adopted Complete Streets Policy. The Complete Streets Policy is intended to ensure that roadways and public rights-of-way are designed to accommodate all users and modes of transportation including pedestrians, bicyclists, transit riders, and motorists. Through the use of the Policy, the City expects to realize long-term benefits including, but not limited to improved public health, reduced fuel consumption, improved environmental stewardship, and reduced demand for motor vehicle infrastructure. Complete Streets also contribute to walkable neighborhoods, make the community attractive to new business and employment, create a sense of community pride, and improve overall quality -of -life. Background/Analysis: In 2007, Iowa City was one of the first communities in the state to adopt a Complete Streets Policy. In 2015, the Policy was revised to add more specificity and detail. These revisions included the addition of performance measures and clarity on when/where exemptions to the Policy could be granted. Staff has drafted a revised Complete Streets Policy that addresses the Council's request to add several collision -based performance measures (Policy attached with revisions underlined). Staff also added performance measures to track changes in transit ridership and bicycle and pedestrian trips. The idea behind the additional performance measures is that they can be used for specific road corridors (where complete streets elements are introduced), or system -wide to track overall performance of the transportation system. Staff recommends City Council approve the attached Resolution adopting a revised Complete Streets Policy for Iowa City and rescinding Resolution 15-81 which established the current policy. Other than staff time to collect and track data related to the additional performance measures outlined in the revised Policy, there is no financial impact. 1©• Prepared by: Ashley Monroe, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5012 RESOLUTION NO. 18-78 RESOLUTION ESTABLISHING CITY OF IOWA CITY STRATEGIC PLANNING PRIORITIES Whereas, the Iowa City City Council seeks to ensure that all City services are provided in the most equitable, effective, and efficient manner possible; and Whereas, the Iowa City City Council strives to set policies that best reflect the preferences of Iowa City's residents, is in the City's long-term interests, and help to foster the city and local governance that our residents desire; and Whereas, the City Council members have undertaken a strategic planning process to identify, prioritize, and articulate this policy direction. Now, therefore, be it resolved that the Iowa City City Council hereby outlines its top priorities and related new initiatives generated during the strategic planning process which are to be incorporated into specific action plans by the City staff. TOP PRIORITIES: This Strategic Plan intends to foster a more Inclusive, Just and Sustainable Iowa City 1. Promote a Strong and Resilient Local Economy 2. Encourage a Vibrant and Walkable Urban Core 3. Foster Healthy Neighborhoods throughout the City 4. Maintain a Solid Financial Foundation 5. Enhance Community Engagement and Intergovernmental Relations 6. Promote Environmental Sustainability 7. Advance Social Justice and Racial Equity City Council Identified Projects, Programs, Policies, and Initiatives: Promote a Strong and Resilient Local Economy • Undertake a comprehensive assessment of the current public transit system and implement changes to assure that the service best meets the needs of the entire community • Effectively market and grow the local food economy • Through cooperation with the Iowa City School District, Iowa Workforce Development, Kirkwood Community College, Iowa Works, and others, increase opportunities for marginalized populations and low-income individuals to obtain access to skills training and good jobs • Work with Procter & Gamble and impacted supply chain companies, local economic development organizations, and labor unions to respond effectively to the company's decision to terminate its local production of beauty care products Resolution No. 18-78 Page 2 Encourage a Vibrant and Walkable Urban Core • Collaborate with the University of Iowa on its redevelopment of University -owned property located in the Riverfront Crossings District, and on improving the quality, accessibility, and use of the Iowa River Corridor • Preserve important parts of Iowa City's history by considering the designation of additional buildings as historic landmarks, and, by considering the creation of an historic preservation district for part of the downtown after consulting with stakeholders • Evaluate existing strategies and consider additional actions to address the need for reinvestment in the city's existing private housing stock _Foster Healthy Neighborhoods throughout the Citv • Modify the existing Affordable Housing Action Plan to include new strategies to improve the availability and affordability of housing in Iowa City • Embed the "Missing Middle" concept into the City's land development practices by adopting a Form Based Code for at least one (preferably two) of our neighborhoods • Ensure the next two budgets contain sufficient funds to make meaningful progress toward achieving the goals of the Bicycle Master Plan and Parks Master Plan • Complete an analysis of traffic accident data and identify actions to improve the safety of our roadways for motorists, bicyclists, and pedestrians Maintain a Solid Financial Foundation • Continue to monitor the impact of the 2013 property tax reform and evaluate alternative revenue sources as determined necessary • Continue to build the City's Emergency Fund • Monitor potential changes to Moody's rating criteria and maintain the City's Aaa bond rating • Continue to reduce the City's property tax levy • Maintain healthy fund balances throughout the City's diverse operations Enhance Community Engagement and Intergovernmental Relations • Experiment with innovative ways of engaging with diverse populations in person and on social media • Improve collaborative problem -solving with governmental entities in the region on topics of shared interest • Improve relationships with the executive branch and legislature by reaching out to legislators and other elected officials and working with City lobbyists Promote Environmental Sustainability • Adopt an effective Climate Action and Adaptation Plan and ensure the next two budgets contain sufficient funds to facilitate achieving its goal • Support efforts to increase the reach of the Parks and Recreation Foundation Advance Social Justice and Racial Equity • Support organizations and efforts that provide services to people experiencing and recovering from trauma and crisis related to mental health and substance abuse • Consider a policy to limit city business to vendors that pay all employees a wage of $10.10 or higher Resolution No. 18-78 Page 3 Explore expanded use of a racial equity toolkit within City government, embedding it within city department and Council levels Consider elevating hourly staff wages to $15/hour or more within two years Identified efforts will be incorporated into specific actions planned by City staff. Action plans should define specific steps needed to accomplish each goal, the party responsible for implementation, a timeline for completion, and define the criteria by which to gauge success. Status updates will be provided to Council approximately every four months. Passed and approved this 20th ATTEST 41C�L � ERK day of March MAYOR 2018 prved by City Attorney's Office It was moved by Rn T-bxa3 and seconded by Salih the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Salih Cole Taylor Mims Thomas Throgmorton Bothchway II t T 1 CITY OF IOWA C1 owMola -^� COUNCIL ACTION REP 10 March 12, 2018 Resolution establishing City of Iowa City Strategic Planning Priorities Prepared By: Ashley Monroe, Assistant City Manager Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Impacts are initiative specific; budgeted or will be brought to Council for consideration Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Beginning in January 2018, City Council engaged in a strategic planning process to define the City's top priorities, address significant new projects and initiatives, and establish a broad vision for the City's future. The first two sessions held by Council and a facilitator, focused on a review of on-going or committed projects, followed by an evaluation and prioritization of new projects, programs, policies, and initiatives suggested by Council Members. A third work session held with Council and staff refined the proposed strategies. City staff will be responsible for coordinating implementation and execution of these Council goals over the next two years. A resolution to formally adopt the 2018-2019 Strategic Plan priorities has been drafted for Council's review and approval. Background: The strategic planning goal setting session determined that the seven primary objectives identified for the 2016-2017 Strategic Plan were desired for continuance in the 2018-2019 Plan. To assist Council with this goal setting session, the City enlisted the aid of Kirkwood Community College Training and Outreach Services and ultimately selected facilitator Courtney Smock, Senior Organizational Development Specialist for Rockwell Collins. The two sessions facilitated by Ms. Smock narrowed and modified an initial list of more than forty goals to the twenty-five actions identified as the final Strategic Plan draft. Council further refined their ultimate priorities and initiatives at the March 6 work session. The final objectives provide broad guidance for City staff to fulfill and enact the vision and priorities of Council over the next two years. In order to effectively and efficiently put the proposed objectives into motion, staff is in the process of working with facilitator Smock to develop an implementation action plan for each of the 25 initiatives. This implementation plan, to be presented to Council in upcoming months, will include a scope of work for staff, responsibilities of Council, and a timeframe for completion of each objective. Formal adoption will initiate staff implementation of 2018-2019 strategic goals. As with previous strategic plans, staff will provide multiple status update reports each year to Council for review. CITY OF IOWA CITY COUNCIL ACTION REPORT City Council Strategic Plan Objectives: This Strategic Plan intends to foster a more Inclusive, Just and Sustainable Iowa City 1. Promote a Strong and Resilient Local Economy 2. Encourage a Vibrant and Walkable Urban Core 3. Foster Healthy Neighborhoods throughout the City 4. Maintain a Solid Financial Foundation 5. Enhance Community Engagement and Intergovernmental Relations 6. Promote Environmental Sustainability 7. Advance Social Justice and Racial Equity City Council Identified Projects, Programs, Policies, and Initiatives: Promote a Strong and Resilient Local Economy • Undertake a comprehensive assessment of the current public transit system and implement changes to assure that the service best meets the needs of the entire community Effectively market and grow the local food economy Through cooperation with the Iowa City School District, Iowa Workforce Development, Kirkwood Community College, Iowa Works, and others, increase opportunities for marginalized populations and low-income individuals to obtain access to skills training and good jobs Work with Procter & Gamble and impacted supply chain companies, local economic development organizations, and labor unions to respond effectively to the company's decision to terminate its local production of beauty care products Encourage a Vibrant and Walkable Urban Core • Collaborate with the University of Iowa on its redevelopment of University -owned property located in the Riverfront Crossings District, and on improving the quality, accessibility, and use of the Iowa River Corridor • Preserve important parts of Iowa City's history by considering the designation of additional buildings as historic landmarks, and, by considering the creation of an historic preservation district for part of the downtown after consulting with stakeholders • Evaluate existing strategies and consider additional actions to address the need for reinvestment in the city's existing private housing stock Foster Healthy Neighborhoods throughout the City • Modify the existing Affordable Housing Action Plan to include new strategies to improve the availability and affordability of housing in Iowa City • Embed the "Missing Middle" concept into the City's land development practices by adopting a Form Based Code for at least one (preferably two) of our neighborhoods • Ensure the next two budgets contain sufficient funds to make meaningful progress toward achieving the goals of the Bicycle Master Plan and Parks Master Plan Complete an analysis of traffic accident data and identify actions to improve the safety of our roadways for motorists, bicyclists, and pedestrians r CITY OF IOWA CITY COUNCIL ACTION REPORT Maintain a Solid Financial Foundation • Continue to monitor the impact of the 2013 property tax reform and evaluate alternative revenue sources as determined necessary • Continue to build the City's Emergency Fund • Monitor potential changes to Moody's rating criteria and maintain the City's Aaa bond rating • Continue to reduce the City's property tax levy • Maintain healthy fund balances throughout the City's diverse operations Enhance Community Engagement and Intergovernmental Relations • Experiment with innovative ways of engaging with diverse populations in person and on social media • Improve collaborative problem -solving with governmental entities in the region on topics of shared interest • Improve relationships with the executive branch and legislature by reaching out to legislators and other elected officials and working with City lobbyists Promote Environmental Sustainability • Adopt an effective Climate Action and Adaptation Plan and ensure the next two budgets contain sufficient funds to facilitate achieving its goal • Support efforts to increase the reach of the Parks and Recreation Foundation Advance Social Justice and Racial Eguitv • Support organizations and efforts that provide services to people experiencing and recovering from trauma and crisis related to mental health and substance abuse • Consider a policy to limit city business to vendors that pay all employees a wage of $10.10 or higher • Explore expanded use of a racial equity toolkit within City government, embedding i within city department and Council levels • Consider elevating hourly staff wages to $15/hour or more within two years Prepared by Eric R. Goers, Assistant City Attomey, 410 E. Washington, Iowa City, IA 52240, (319) 356-5030 Resolution number. 18-79 Resolution ratifying the settlement of impending litigation. Whereas, on August 9t', 2013, the City suffered a water main break in the 100 block of E. Washington Street; and Whereas, following the water main break, MC Ginsberg made a claim against the City for damages they suffered; and Whereas, all parties in this matter have arrived at a settlement agreement and wish to resolve the claim without the need for litigation; and Whereas, it is appropriate to ratify said settlement, as provided by law, with payment to MC Ginsberg, and their insurer, West Bend Mutual Insurance, in the total amount of $63,053.00 in full satisfaction of any and all claims which the claimant and/or related parties may have against the City in the above matter, in consideration of the claimant's full release and indemnification against any and all subrogation claims. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The claim filed against the City by MC Ginsburg and West Bend Mutual Insurance should be and is hereby settled, and said settlement, as previously discussed in executive session earlier this day, March 20, 2018, is hereby ratified for the sum of $63,053.00 payable to their attorney, Van Daele Law, LLC, in full satisfaction of any and all claims. City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon execution of appropriate releases. Passed and approved this gnth day of March 2018 ZZ, M yor roved by /tom Attes (/ / ity Clerk City Attorney's Office Resolution No. 18-79 Page 2 It was moved by Mims and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton