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HomeMy WebLinkAbout2018-04-02 ResolutionPrepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 Resolution Number:. 18-80 Resolution to Issue Cigarette Permits WHEREAS, the following firms and persons have made an application and paid the taxes required by law for the sale of cigarettes, tobacco, nicotine and vapor products. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes, tobacco, nicotine and vapor products: Smokin' Joe's Tobacco & Liquor Outlet 1118 — 1901 Broadway St. Suite 1 Passed and approved this 2nd day of April 20118 MAYOR ov pproved by ATTES C TY CLERK City Attorney's Office It was moved by Salih and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X x Botchway Cole Mims X Salih X Taylor X Thomas X Throgmorton qd (Z-) Prepared by: Ben Clark, Senior Civil.Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5410 Resolution No. 18-81 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Riverfront Crossings Park, Phase 3 Project Whereas, City Construction Newco LLC of Iowa City, Iowa, has submitted the lowest responsible bid of $914,711 for construction of the above-named project; and Whereas, funds for this project are available in the Riverfront Crossings Riverbank/Park Development account # R4185; and 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 is hereby awarded to City Construction Newco, 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 and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 2nd day of Ma or Atte Ci Clerk 2018 proved C� City Attorney's Office It was moved by salih and seconded by adopted, and upon roll call there were: Ayes: X X X X X X Nays: Thomas the Resolution be Absent: X Botchway Cole Mims Salih Taylor Thomas Throgmorton NOTICE TO BIDDERS RIVERFRONT CROSSING PARK, PHASE 3 PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 28th 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 31d day of April, 2018, or at a special meeting called for that purpose. There is a recommended pre-bid meeting. This will start at 2 P.M. local time on Tuesday, March 20th, 2018 in the Helling Conference Room, City Hall. The Riverfront Crossings Park, Phase 3 Project, located at 1001 S. Clinton Street — Iowa City, Iowa 52240, consists of: Construction of two (2) restroom buildings each consisting of four (4) unisex restrooms, a service room, and an electrical/mechanical room; construction of associated site and building utilities; construction of new PCC sidewalk appurtenant to each building; installation of site furnishings including drinking fountains, trash receptacles, bicycle racks, and picnic tables; site restoration and minor landscape planting; and other associated construction activities related to the restroom building construction. The Project further includes the installation and connection of site and pedestrian lighting throughout Riverfront Crossings Park as indicated in the Drawings; preparation, trenching and/or boring of conduit, installation of hand holes and other structures, feeding of wire and other cabling as necessary to power and control light fixtures, outlets and other receptacles as indicated in the Drawings; site restoration and other associated construction activities related to the installation of site and pedestrian lighting. The Project further includes the procurementlfabrication and installation of site identification and wayfinding signage as indicated in the Drawings; preparation for and installation of required sign footings; and minor site restoration associated with the installation of site identification and wayfinding signage. All work is to be done in strict compliance with the plans and specifications prepared by Confluence of Cedar Rapids, 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 bidders 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 one (1) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: April 16, 2018 Specified Completion Date: October 1, 2018 Liquidated Damages: $500.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at 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: 319-3548973, Toll -Free: 800-779-0093, by bona fide bidders. A $50.00 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 payableto Technigraphics, by bonafide bidders. The deposit will be refunded to plan holders who return the bidding documents in good condition within 15 days after receipt of bids. 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. Byvirtue 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 CITY O F 1 O WA C 14-0-8 COUNCIL ACTION REPO 4d(2) April 2, 2018 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Riverfront Crossings Park, Phase 3 Project Prepared By: Ben Clark - Senior Civil Engineer Reviewed By: Jason Havel - City Engineer Juli Seydell Johnson - Parks & Recreation Director Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $914,711.00, available in the Riverfront Crossings Riverbank/Park Development account # R4185. Recommendations: Staff: Approval Commission: Park Commission reviewed project master plan and recommended approval on December 14, 2016 Attachments: Resolution Executive Summary: This agenda item awards a construction contract for the Riverfront Crossings Park, Phase 3 Project. Bids for this project were originally received on February 281, 2018. One bid was received and it exceeded the amount available in the project fund. The Department of Parks and Recreation recommended that Council reject the bid, issue an addendum to remove one (of the two) combination restroom/park shelter, and set a new date for receipt of bids. Three (3) bids were received and opened on March 28th, 2018 for the re -bidding of the project: Company Bid Amount City Construction Newco LLC Iowa City, IA $ 914,711 Tricon General Construction Cedar Rapids, IA $ 1,035,000 Woodruff Construction Tiffin, IA $1,027,430 Engineer's Estimate $ 850,000 Public Works and Engineering and Parks and Recreation recommend award of the contract to City Construction Newco LLC of Iowa City, Iowa. The engineer's estimate was reduced to reflect the elimination of one restroom/shelter from the project. The project will be funded with General Obligation bond proceeds. 'r CITY OF IOWA CITY -'� COUNCIL ACTION REPORT Background / Analysis: Phase 1 is currently under construction and includes the creation of a 5 -acre wetland, stream restoration, trails, pedestrian bridges, and a parking area. Phase 2 is also currently under construction and includes a nature play area that will feature access and experiences, which allow families with a wide range of mobility and cognitive abilities to play together. An accessible path flows through the play spaces and will connect the playground to the parking area Phase 3 continues to add user amenities to the park: • One combination restroom/park shelter structure. • Electrical service to the park, including accommodating performances and special events on the open lawn event space. • Park and trail lighting. • Park signage - Entrance, directional, interpretive and donor recognition signage. Project Timeline for Phase 3: Construction Start - April 2018 Anticipated Completion - October 2018 Riverfront Crossings Park - Restroom and Shelter q (�) Prepared by: Trent Hansen, Information Technology Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5433 Resolution No. 18-82 Resolution accepting the work for the Fiber Infrastructure at the Iowa City Landfill and Recycling Center Project Whereas, the Engineering Division has recommended that the work for construction of the Fiber Infrastructure at the Iowa City Landfill and Recycling Center Project, as included in a contract between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, Iowa, dated May 16, 2016, 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 Landfill Surveillance Cameras account #L3326; and Whereas, the final contract price is $56,000. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 2nd day of April 2018 Attest 2e GAP ' Ci Clerk It was moved by salih adopted, and upon roll call there were: Ayes: � / Maor A proved by City Attorney's Office and seconded by Thomas Nays: Absent: the Resolution be x Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton I ICITY OF 1 O WA CIT `G4 -oz -18 -^at 4 COUNCIL ACTION REPO 4d1;3) April 2, 2018 Resolution accepting the work for the Fiber Infrastructure at the Iowa City Landfill and Recycling Center Project. Prepared By: Trent Hansen — ITS Voice/Data Network Analyst Reviewed By: Joseph Welter — Senior Civil Engineer Jason Havel — City Engineer Ron Knoche — Public Works Director Geoff Fruin — City Manager Fiscal Impact: None Recommendations: Staff: Acceptance Commission: N/A Attachments: Resolution, Engineer's Report Executive Summary: This project has been completed by Advanced Electrical Services, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications completed by the City of Iowa City. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. • Project Estimated Cost: $ 37,000.00 • Project Bid Received: $ 57,000.00 • Project Final Cost: $ 56,000.00 Background / Analysis: The project installed fiber optic cables and pathways to support the thermal imaging cameras for fire detection at the Iowa City Landfill and Recycling Center. • rrr®���� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org March 26, 2018 City Clerk Iowa City, Iowa Re: Fiber Infrastructure at the Iowa City Landfill and Recycling Center Project Dear City Clerk: I hereby certify that the Fiber Infrastructure at the Iowa City Landfill and Recycling Center Project has been completed by Advanced Electrical Services, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The project was bid as a unit price contract and the final contract price was $56,000. There were no change or extra work orders for the project I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, �� Jason Have City Engineer Prepared by; Dave Panos, Public Works, 410 E Washington St, Iowa City, IA 52240,(319)356-5145 Resolution No. 18-83 Resolution authorizing the Mayor to sign and the City Clerk to attest Iowa Department of Transportation funding agreement No. # 2018-16-197 for the Asphalt Resurfacing 2018 — US Hwy 1 (Burlington Street and Governor Street) Project. Whereas, the Iowa Department of Transportation and the City of Iowa City desire to rehabilitate and resurface sections of US Hwy 1 through Iowa City which includes sections of Burlington Street and Governor Street; and Whereas, the City has completed the design and plan preparation for the project and funds are available in the Pavement Rehabilitation Fund account # S3824; and Whereas, the Iowa Department of Transportation has referenced this agreement as No. # 2018- 16-197 and the project as [NHSN-001-5(116) - - 2R-521; and Whereas, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation for the design and rehabilitation of sections of US Hwy 1 through Iowa City which includes sections of Burlington Street and Governor Street. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: It is in the public interest to enter into the above-mentioned agreement, and the agreement attached hereto is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation. Passed and approved this 2nd day of April 2018 M or Attest: e L' CL_/t �t �� (�4ppjoved by %,JI -s -�1�' Ct Clerk l City Attorney's office It was moved by salih and seconded by Thomas adopted, and upon roll call there were: -- the Resolution be Ayes: Nays: Absent: x Botchway Cole Mims Salih Taylor Thomas Throgmorton February 2017 IOWA DEPARTMENT OF TRANSPORTATION Cooperative Agreement For Primary Road Project County Johnson City Iowa City Project No, NHSN-001-5(116)-2R-52 Iowa DOT Agreement No. 2018-16-197 Staff Action No. This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the city of Iowa City, Iowa, a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable, The LPA proposes to establish or make improvements to Iowa 1 within Johnson County, Iowa; and The LPA and the DOT are willing to jointly participate in said project, in the manner hereinafter provided, and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: I. Project Information a. The LPA shall be the lead local governmental agency for carrying out the provisions of this agreement. b. All notices required under this agreement shall be made in writing to the DOT's and/or the LPA's contact person. The DOT's contact person shall be the Area Engineer, Newman Abuissa. The LPA's contact person shall be the Senior Civil Engineer, Dave Panos. c. The LPA shall be responsible for the development and completion of the following described primary highway project: Milling and Hot Mix Asphalt (HMA) resurfacing on Iowa 1 from Ralston Creek on Burlington Street to northbound Governor Street/Dodge Street intersection in Iowa City. The project includes patching, curb repairs, sidewalk and ADA curb ramp construction, and bicycle lane accommodations. (see Exhibit A for location). d. All storm sewers constructed as part of the project will become the property of the LPA, which will be responsible for their maintenance and operations. The LPA will not make any connections to said storm sewers without the prior written approval of the DOT. The LPA will prevent use of such storm sewers as a sanitary sewer. 2. Project Costs a- The division of costs for the project is as follows (see Exhibit B for costs): Division 1 involves improvements on Burlington Street outside Iowa 1 limits and Johnson Street and Court Street and is 100% LPA cost estimated at $820,292 2018-16-197_lowacity February 2017 Division 2 is the LPA share of the costs for construction on Burlington Street and Governor Street and is 100% LPA cost estimated at $628,491 Division 3 is the DOT share of the costs for construction on Burlington Street and Governor Street and is 100% DOT cost estimated at $1,451,513 (no contingency). b. The divisional share percentages for Lump Sum items are proportioned along the plan divisions based as a percent of the estimated cost of the division is to the estimated total project cost. c. The DOT shall reimburse the LPA for its share of the project costs as outlined above The amount paid by the DOT upon completion of construction and proper billing by the LPA will be determined by the actual quantities in place and the accepted bid at the contract letting_ d. The LPA will bear all costs except those allocated to the DOT under other terms of this Agreement. 3. Environmental, Right -of -Way, Permits and Other Requirements a. The LPA shall be responsible for obtaining any necessary permits from the DOT, such as the Work Within the Right -of -Way Permit, Access Connection/Entrance Permit, Utility Accommodation Permit, Application for Approval of a Traffic Control Device, or other construction permits required for the project prior to the start of construction. Neither the approval of funding nor the signing of this Agreement shall be construed as approval of any required permit from the DOT. b. The LPA shall obtain all project permits and / or approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, or other State or Federal agencies as may be required. c If there is a railroad crossing within or near the project work area, the LPA shall obtain the necessary approvals or agreements from the railroad to allow the proposed work to be completed on or around the railroad crossing and / or right-of-way. d. If the project requires utility relocations, subject to the approval of and without expense to the DOT, the LPA agrees to perform or cause to be performed all relocations, alterations, adjustments or removals of existing utility facilities, including but not limited to power, telephone lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the project and the clear zone. All utility relocations shall be accomplished in accordance with the DOT's Utility Accommodation Policy, as set forth in 761 Iowa Administrative Code, Chapter 115. e. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the FIS to the DOT. 4. Project Design 2018-16-19710 City February 2017 a. The LPA or its consultant shall be responsible for the design of all proposed improvements. b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a Professional Engineer licensed to practice in the State of Iowa c. All proposed highway or street improvements shall be designed using good engineering judgment and the American Association of State Highway and Transportation Officials (AASHTO) "Policy on Geometric Design of Highways and Streets", (latest edition). d. The project design shall comply with the "Manual on Uniform Traffic Control Devices for Streets and Highways", by the Federal Highway Administration, as adopted by DOT, as per 761 Iowa Administrative Code, Chapter 130, 5. Bid Letting a. The LPA shall submit the plans, specifications, and all other contract documents for review and approval prior to letting by the LPA. The project may be submitted for letting in phases, in the order of preference as determined by the LPA. The DOT shall review said submittal(s) recognizing the LPA's development schedule and shall, after satisfactory review, authorize in writing the LPA to proceed with implementation of the project_ b. For portions of the project let to bid, the LPA shall conduct the project bid letting in compliance with applicable laws, ordinances, and administrative rules. The LPA shall advertise for bidders, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The LPA shall provide the DOT file copies of project letting documents within five (5) days after letting. c. The LPA shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The LPA shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The LPA shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. d, The LPA shall be the contracting authority. 6. Construction 8 Maintenance a The LPA shall be responsible for the daily inspection of the project, including the compilation of a daily log of materials, equipment, and labor used on the project. b. The LPA shall comply with the procedures and responsibilities for materials testing and construction inspection according to DOT's Materials Instructional Memorandums (I.M.'s) and the Construction Manual. If requested, the DOT may be able to perform some testing services. If performed, the DOT will bill the LPA for testing services according to its normal policy. c. The work on this project shall be in accordance with the approved plans and specifications. Any substantial modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. d. The LPA, in cooperation with the DOT, will take whatever steps may be required with respect to alteration of the grade lines of the new highway facilities constructed under the project in accordance with Iowa Code section 364.15, The DOT and LPA will work together to minimize potential impacts to properties that may occur as a result of the project. 2015-16-197_10 City 3 February 2017 e, Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code sections 150.3(1)c and 150.4(2) will remove or cause to be removed all encroachments or obstructions in the existing primary highway right of way. The LPA will also prevent the erection and/or placement of any structure or obstruction on said right of way or any additional right of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. f. With the exception of service connections no new or future utility occupancy of project right-of-way, nor any future relocations of or alterations to existing utilities within said right-of-way (except service connections), will be permitted or undertaken by the LPA without the prior written approval of the DOT. All work will be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the DOT. g. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without the prior written approval of the DOT. h. After the project construction is complete and prior to final acceptance of the project by the DOT, the LPA shall furnish three sets of "as -built' plans to the DOT's contact person. i. Future maintenance of the primary highway within the project area will be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. j. The LPA shall be responsible for all future maintenance of bicycle lanes including pavement markings, pavement surface, sweeping and signing. 7. Traffic Control a. Iowa 1 through -traffic will be maintained during the construction. b. Lane closures will NOT be permitted on University of Iowa home game days. These dates are • September 1, 2018 • September 8, 2018 • September 15, 2018 • September 22, 2018 • October 20, 2018 • November 10, 2018 • November 23, 2018 c. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" as per 761 Iowa Administrative Code, Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 8. Payments and Reimbursements a. The LPA shall be responsible for making initial payments to the consultant(s) and contractor(s) for all project costs incurred in the development and construction of the project. After payments have been made, the LPA may submit to the DOT periodic itemized claims for reimbursement for eligible project activities. Reimbursement claims shall include certification by a Professional Engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been paid in full and completed in substantial compliance with the terms of this agreement. 2018-16-197_lawaClty 4 February 2017 b. The DOT shall reimburse the LPA for properly documented and certified claims for eligible project activity costs. The DOT may withhold up to 5% of the Federal and / or State share of construction costs, either by state warrant or by crediting other accounts from which payment may have been initially made. If upon final audit, the DOT determines the LPA has been overpaid, the LPA shall reimburse the overpaid amount to the DOT. After the final audit or review is complete and after the LPA has provided all required paperwork, the DOT will release the Federal or State funds withheld. c. Upon completion of the project, a Professional Engineer licensed to practice in the State of Iowa shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of State and / or Federal funds shall be made only after the DOT accepts the project as complete. 9. General Provisions a. The LPA shall maintain records, documents, and other evidence in support of the work performed under the terms of this agreement. All accounting practices applied and all records maintained will be in accordance with generally accepted accounting principles and procedures. Documentation shall be made available for inspection and audit by authorized representatives of the DOT and / or the Federal Highway Administration (FHWA), or their designees at all reasonable times. The LPA shall provide copies of said records and documents to the DOT upon request. The LPA shall also require its contractors to permit authorized representatives of the DOT and / or the FHWA to inspect all work materials, records, and any other data with regard to agreement related costs, revenues and operating sources. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final amendment / modification to the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by FHWA, the DOT will notify the LPA of the record retention date. b. In accordance with Title VI of the Civil Rights Acts of 1964 and Iowa Code Chapter 216 and associated subsequent nondiscrimination laws, regulations and executive orders, the LPA shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability_ c. The LPA shall use positive efforts to solicit proposals or bids from and to utilize Targeted Small Business (TSB) enterprises as consultants or contractors and ensure that the consultants or contractors make positive efforts to utilize these enterprises as subconsultants, subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit C which is attached hereto and by this reference incorporated into this agreement. d. The LPA agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews, and funding participation. e. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. f. This agreement is not assignable without the prior written consent of the DOT. g. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement. 2018-1r-197_10 City 5 February 2017 h. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. The DOT and the LPA agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration. i. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to be an original. j. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s). represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements will remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2018-16-197 as of the date shown opposite its signature below. CITY OF IOWA CITY: By: �_~� pate April 2nd , 20 18. Title: mayor I, Kellie K. Fruehling certify that I am the Clerk of the City, and thatJames A. Throgmoo ton who signed said Agreement for and on behalf of the City was duly authorized to execute the same on the 2nd day of A it 20 18. 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CALL BEFORE YOU DIG ChIN SealRaW 9Igaeilens A�NapollR Spent r Co�Sawr Raatl _I fait Avmm D -Lah wR Amo .Y B NItl 16 t911prspb EXHIBIT D UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515- 725-3132) or from its website at. https://www.iowa.gov/tsb/index.php/home. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds w ll be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled 'TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on-line at: hftp:/A ww.dot.state. ia. us/local_systems/publicationsftb_contract_provision. pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted, a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3, The attached 'Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State -Assisted Projects) Recipient: Project Number: County: Agreement Number: t. Were the names of qualified TSB firms obtained from the Iowa Economic Development Authority? U YES LI NO If no, explain 2. Were qualified TS8 firms notified of project? a YES a NO If yes, by u letter, U telephone, U personal contact, or a other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ii YES a NO If no, explain 4. Was a goal or percentage established for TSB participation? U YES a NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? a YES a NO If no, what action was taken by Recipient? Is documentation in files? U YES u NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? g What was the final project cost? g What was the dollar amount performed by TSB firms? g Name(s) and address(es) of the TSB firm(s) Was the goal or percentage achieved? a YES a NO (Use additional sheets if necessary) If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State -assisted contracts associated with this project. Title Signature Date i t 1CITY O F IOWA CI 04-02-19 -% �� COUNCIL ACTION REPO 4d(4) April 2, 2018 Consider a resolution authorizing the Mayor to sign and the City Clerk to attest Iowa Department of Transportation funding agreement No. # 2018- 16-197 for the Asphalt Resurfacing 2018 — US Hwy 1 (Burlington Street and Governor Street) Project. Prepared By: Dave Panos — Senior Civil Engineer Reviewed By: Ron Knoche — Public Works Director Jason Havel — City Engineer Geoff Fruin — City Manager Fiscal Impact: The estimated cost for this project is $2,972,900 and will be funded with the Pavement Rehabilitation Fund # S3824. Recommendations: Staff: Approval Commission: N/A Attachments: Agreement Executive Summary: This agenda item authorizes approval of cooperative agreement # 2018-16-197 between the Iowa Department of Transportation (DOT) and the City of Iowa City to begin a joint maintenance project that concentrates on asphalt resurfacing along Hwy 1 in Iowa City, including Burlington Street from Van Buren Street to Governor Street, and Governor Street from Burlington Street to Dodge Street. This agreement establishes the financial participation in the Asphalt Resurfacing 2018 — US Hwy 1 (Burlington Street and Governor Street) Project which we are setting the public for approval of plans and specifications. The Iowa Department of Transportation is referencing this project as IDOT Project Number NHSN-001-5(116) - - 2R-52. Project funding will include a funding agreement with the Iowa DOT (# 2018-16-197), which will include reimbursement for eligible construction costs, such as milling and resurfacing of US Hwy 1, base repair and patching, and pavement markings. The City will be responsible for the remaining construction costs, and will utilize pavement rehabilitation funds for the costs associated with maintenance related items such as curb and gutter repair and utility improvements (repair or replacement of storm sewer or sanitary sewer facilities). In addition, the Iowa DOT and the City will share the costs for curb ramp repairs such as sidewalk and curb ramp replacement, new ADA tile installation, and related curb and gutter replacement. The funding breakdown for curb ramp repairs will include the Iowa DOT paying 55% and the City paying 45% of the total construction costs related to the curb ramp repairs. Work will also occur on local roads, including Johnson Street from Burlington Street to Bowery Street, Burlington Street from Governor Street to Summit Street, and Court Street from Johnson Street to Dodge Street. This work includes street patching and resurfacing, sanitary sewer, storm intake and manhole repairs, repair of curb and gutter as needed and r 1 CITY OF IOWA CITY �i COUNCIL ACTION REPORT replacement of curb ramps to current ADA standards. Chipsealing wow will also occur a various locations throughout the City. Total project costs are estimated at $2,972,900, and funding from the Iowa DOT will include an estimated share amount of $1,524,088. The remaining City cost share will include approximately $121,222 in Wastewater revenues, $1,208,638 in Road Use Tax proceeds, Utility Franchise tax proceeds and $118,125 in Stormwater revenues. Background / Analysis: The Asphalt Resurfacing 2018 — US Hwy 1 (Burlington and Governor Street) will include work at the following locations: Street Milling and 3" Overlay US Hwy 1 (Burlington Street) from Van Buren Street to Governor Street US Hwy 1 (Governor Street) from Burlington Street to Dodge Street Burlington Street from Governor Street to Summit Street Johnson Street from Burlington Street to Bowery Street Court Street from Johnson Street to Dodge Street Chipsealing Taft Avenue from American Legion Road to Rochester Avenue Napoleon Street from Sand Road to South Wastewater Treatment Plant Ridge Street from Ginter Avenue to Highland Avenue Maier Avenue from Rohret Road to Kessler Road Windsor Ridge Park Trail Project Timeline: Set Public Hearing —April 2, 2018 Hold Public Hearing —April 17, 2018 Bid Letting — May 9, 2018 Award Date — May 15, 2018 Construction Start—June 11, 2018 Prepared by: Michael Harapat, Information Technology Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5422 Resolution No. 18-84 Resolution amending the Administrative and Confidential Pay Plan by adding the position of Application Specialist and eliminating the position of Sr. Programmer Analyst. Whereas, Resolution No. 18-63 adopted by the City Council on March 6, 2018 authorized the change in budgeted positions in the ITS Division for Fiscal Year 2019 which included the newly created position of Application Specialist; 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 Whereas, the duties, responsibilities and requirements of the Application Specialist position have been evaluated and grade 26 of the Administrative pay plan has been determined to be the appropriate classification; and Whereas, the Sr. Programmer Analyst position has been removed from the FY19 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 Application Specialist, grade 26, and the Administrative and Confidential pay plan be amended by eliminating the position of Sr. Programmer Analyst, grade 26. Passed and approved this 2nd day of April 2018 Ma or Attesy� ity Clerk /vl Ap r Zed by City Attorney's Office Resolution No. 18-84 Page 2 It was moved by Salih 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 ®1, C1 TY OF IOWA CI ,, COUNCIL ACTION REP4a`5' April 2, 2018 Resolution amending the Administrative and Confidential Pay Plan by adding the position of Application Specialist and eliminating the position of Sr. Programmer Analyst. Prepared By: Michael Harapat, ITS Coordinator 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 the Administrative and Confidential Pay Plan by adding the position of Application Specialist and eliminating the position of Sr. Programmer Analyst. Executive Summary: On March 6, 2018, the budget for fiscal year 2019 was approved, which included the addition of an Application Specialist position and the elimination of a Sr. Programmer Analyst position. This resolution adds the Application Specialist position into the Administrative/Confidential pay plan, and eliminates the Sr. Programmer Analyst position from the Administrative/Confidential pay plan. Background I Analysis: In the fiscal year 2019 budget, in the ITS division, a 1 FTE Application Specialist position is being added. This position will provide application support, management, data analysis, and reporting. Also in fiscal year 2019, in the ITS division, the 1 FTE position of Sr. Programmer Analyst is being eliminated. This position is being eliminated due to changes in the ITS environment and a reduction in legacy system support. Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St. 52240, (319)356-5053 Resolution No. 18-85 Resolution amending the Purchasing Manual for City procurement and the Debt Management Policy for the City of Iowa City. Whereas, the City Council's Strategic Plan goal is to increase environmental sustainability, and Whereas, the State/Federal governments offers tax incentives to private sector enterprises to Promote the usage of green energy which helps reduce carbon emissions, and Whereas, lease -purchase agreements with private sector enterprises for eligible purchases will allow the City to take advantage of State/Federal tax credits, and Whereas, the current Purchasing Manual and Debt Management Policy do not allow the City to enter into certain types of lease -purchase agreements, and Whereas, amending the Purchasing Manual and Debt Management Policy as follows to allow this type of arrangement aligns with the City's carbon emission reduction goals: The Debt Management Policy, Section I.A. will be amended as follows: I. General Policies A. Use of Debt. Debt shall only be used to finance capital improvement projects, firefighting equipment, affordable housing developments, participation in state or federal tax credit programs or economic development projects as authorized by City Council. Debt shall not be used to fund recurring expenses unless associated with capital improvement projects and so provided in the bond indenture. The Purchasing Manual, Section III.C., will be amended as follows: Section III. Exceptions to Standard Procurement Procedures C. Lease of Real Property or Rental of Equipment from Another Party for More than One Year City Council signature approval is required for any lease of real property from another party for more than one year. City Manager signature approval and Department Director approval is required for the leasing or rental of equipment for more than one year. All written lease contracts for real property or rental of equipment from another party must be reviewed and approved by the City Attorney's Office. For any lease longer than one year for either real property or equipment rental, a copy of the signed lease should be forwarded to the Accounting division. Page 2 The City allows the leasing or rental of equipment or building(s) if all of the following requirements are met: 1. Funds are budgeted and available to the requesting department; and 2. The period of time involved does not extend beyond fund availability; and 3. It is not the intent of the initial rental to transition into a lease/purchase option cxcait 150 elieible ou=ses as listed in the City Debt Managcment Policy. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the Debt Management Policy and Purchasing Manual be amended as the official Debt Management Policy and Purchasing Manual of the City of Iowa City. Passed and approved this 2nd day of April Ma r AtteG.-P ity Clerk It was moved by Salih and seconded by adopted, and upon roll call there were: Ayes: X X X X X X Nays: `461 770 City Attorney's Office Thomas Absent: the Resolution be Botchway Cole Mims Salih Taylor Thomas Throgmorton I 1 CITY OF IOWA CI ;r� COUNCIL ACTION REPO April 2, 2018 Resolution amending the Purchasing Manual for City procurement and the Debt Management Policy for the City of Iowa City Prepared By: Dennis Bockenstedt, Finance Director Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution amending the Purchasing Manual for City procurement and the Debt Management Policy for the City of Iowa City Executive Summary: The City Council has set a strategic plan priority to promote environmental sustainability and a goal to reduce city-wide carbon emissions by 2025. In order to help accomplish this, the City has been looking for ways to implement carbon emission reduction projects and to promote renewable green energy. This resolution amends the City's Purchasing Manual and Debt Management Policy to better align with the City Council's strategic plan goals for sustainability. Background / Analysis: The State and Federal governments currently offer tax credit programs to purchase and implement renewable energy projects and sustainable equipment and infrastructure. These tax credit programs primarily benefit taxable private sector enterprises through reducing their tax liabilities. These tax credit programs are often coupled with a lease -purchase arrangement with a government entity to allow non-taxable government entities to take advantage of the financial benefits of the tax credits. Currently, the City's Purchasing Manual and Debt Management Policy have restrictions on the City use of lease -purchase agreements due to the increased financing costs over other types of debt, such as general obligation bonds, or other types of financing, such as pay-as-you-go. In order for the City to take advantage of the State and Federal tax credit programs for renewable and green energy, the City's policies will need to be amended. The Debt Management Policy, Section I.A. will be amended as follows: I. General Policies A. Use of Debt. Debt shall only be used to finance capital improvement projects, firefighting equipment, affordable housing developments, participation in state or federal tax credit programs, or economic development projects as authorized by City Council. Debt shall not be used to fund recurring expenses unless associated with capital improvement projects and so provided in the bond indenture. f,r , d ulgl►M CITY OF IOWA CITY COUNCIL ACTION REPORT The Purchasing Manual, Section III.C., will be amended as follows: Section III. Exceptions to Standard Procurement Procedures C. Lease of Real Property or Rental of Equipment from Another Party for More than One Year City Council signature approval is required for any lease of real property from another party for more than one year. City Manager signature approval and Department Director approval is required for the leasing or rental of equipment for more than one year. All written lease contracts for real property or rental of equipment from another party must be reviewed and approved by the City Attorney's Office. For any lease longer than one year for either real property or equipment rental, a copy of the signed lease should be forwarded to the Accounting division. The City allows the leasing or rental of equipment or building(s) if all of the following requirements are met: 1. Funds are budgeted and available to the requesting department; and 2. The period of time involved does not extend beyond fund availability; and 3. It is not the intent of the initial rental to transition into a lease/purchase option except or eligible purposes as listed in the City Debt Management Policy. qm-, Prepared by: June Nasby, Buyer II, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5076 Resolution No. 18-86 Resolution authorizing the procurement of recycling and yard waste/food waste curbside collection containers Whereas, the City's Refuse Division has purchased 1.0 -gallon Sure Close Containers for food waste, along with 25, 65 and 95 -gallon carts for recycling and yard waste/food waste collection totaling $122,000 from Otto Environmental Systems NA, Inc of Charlotte, NC through a national cooperative purchasing agreement authorized by the State of Iowa for municipalities to purchase refuse and recycling containers through; and Whereas, the Refuse Division has determined that an additional order of 4,000 should be placed. The additional order will push the total over $150,000; and Whereas, City's purchasing policy requires City Council to approve purchases for commodities and services over $150,000; and Whereas, the City expects to spend $190,000 on the additional recycling and yard waste/food waste carts in FY18 and FY19; and Whereas, funds for this purchase are available in the Resource Management department's operating budget under accounts #74740130 — 469290, #74740140 — 469290, and #75750220 — 474220; 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. The City Manager is authorized to take whatever steps are necessary to effectuate future purchases. Passed and approved this Ind day of April 20 18 ATTES : � G� tC. e— CI Y CLERK It was move by Salih MA OR Approved by 3 Ci Attomey's Office and seconded by 'Thomas adopted, and upon roll call there were: Resolution be Resolution No. 18-86 Page 2 AYES: x x NAYS: ABSENT: x Botchway Cole Dickens Mims Taylor Thomas Throgmorton CITY O F IOWA C I Log =4IR ' COUNCIL ACTION REP 4d(7) April 2, 2018 Resolution authorizing the procurement of recycling and yard waste/food waste curbside collection containers Prepared By: Jennifer Jordan, Resource Management Superintendent June Nasby, Buyer II Reviewed By: Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $315,000 combined in FYI and FYI Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: In 2017, the Resource Management Division added food waste to the City's existing yard waste collection and transitioned to single stream recycling. Wheeled carts make these programs simpler for the public and curbside staff. The first round of carts has been purchased and is expected to arrive throughout April. Although carts are optional at this time; it is intended that the City will fully transition to carts for single stream recycling over the next few years. Funds have been budgeted in fiscal years FY18 and FY19 to begin the procurement of carts for both programs. Background / Analysis: The purchase of Refuse and Recycling Containers and Lifts can be made through a national cooperative purchasing agreement with Otto Environmental Systems NA, Inc. of Charlotte, NC, which has been authorized by the State of Iowa for municipalities to purchase refuse and recycling containers. A Request for Bids was administered by Houston -Galveston Area Council of Governments on July 5, 2017, and a contract was established between Houston -Galveston Area Council and Otto Environmental Systems North America, Inc. This form of contract allows other governmental agencies to purchase from this vendor; therefore the City of Iowa City can utilize this process and purchasing agreement. In January 2018, the City purchased the first round of carts totaling $121,538.00: • 2,400 of the 1.9 -gallon Sure Close containers for food waste have arrived and are being distributed at events. These are for in-home, short-term storage of food waste and will not be picked up at the curb. • 1,272 of the 25 -gallon carts for food waste and yard waste will arrive in mid-to-late April and will be given to curbside customers at an event or series of events. These carts can be wheeled to the curb by the customer and picked up manually, or with the automated lift arm on the collection trucks. • 720 of the 65 -gallon carts for single stream recycling will arrive in mid-to-late April. A significant portion of these will go to homes that curbside staff has designated as "heavy users'; those who set out large amounts of recycling most weeks. Remaining containers will be offered to other households. Additional carts will be purchased based on current FYI and FY19 budgets, as well as any future grant opportunities. It is our intention that most Iowa City households receive these carts. The use of the carts will reduce risk of injury to curbside staff due to heavy lifting, as the carts will be handled by an automated arm on the collection trucks. The carts can be wheeled to the curb, making them easier for customers to use. • 456 of the 95 -gallon refuse carts will arrive in mid-to-late April. A significant portion of these will go to homes which curbside staff has designated as "heavy users"; those who set out large amounts of yard waste and/or food waste most weeks. Remaining containers will be offered to other households. Additional carts will be ordered based on demand and budget. As soon as staff has exact arrival dates for the three containers, outreach to customers regarding cart availability will begin. Customers will not see a fee for any of these containers as the cost is covered by the monthly service fees for recycling and organics (yard waste and food waste). Customers may continue to use their own 20 to 35 -gallon containers for organics, as a City of Iowa City annual yard waste sticker is no longer required. Additionally, City of Iowa City paper bags are no longer required for yard waste—any multi -ply all -paper bag will be picked up. Paper bags should not be used for food waste to avoid messes at the curb. Yard waste bundles (maximum 18 -inch diameter and 4 -feet in length) will continue to be picked up at no additional cost. More information is available at www.icgov.org/organics. Customers may continue to use City of Iowa City 18 -gallon blue bins or similarly -sized bins provided by the customer for single stream recycling. A second order of 65 -gallon recycling carts will be purchased prior to June; the current fiscal year budget allows for an additional 2,000 carts. This will put the total cart purchase for the fiscal year over $150,000 and per the City's purchasing policy, then requires City Council approval. Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB17-00020) Resolution No. 18-87 Resolution Approving Final Plat Of Cardinal Pointe West Part 2, Iowa City, Iowa. Whereas, the owner, The Crossings Development, LC, filed with the City Clerk the final plat of Cardinal Pointe West Part 2, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL 2011056 AS RECORDED IN BOOK 56, PAGE 41 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDED IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY CORNER OF LOT 13, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE N21°48'05"E 170.86 FEET ALONG THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N14030'51"E 68.49 FEET ALONG SAID SOUTHERLY LINE; THENCE N86042'03"E 215.79 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHERLY 16.52 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S4°11'32"E 16.52 FEET); THENCE N84054'52"E 200.00 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHEAST CORNER OF LOT 4, SAID CARDINAL POINTE WEST - PART ONE; THENCE N0018'19"W 55.00 FEET ALONG THE EAST LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N9015'18"E 55.00 FEET ALONG SAID EAST LINE; THENCE N21010'50"E 132.95 FEET ALONG SAID EAST LINE TO THE SOUTHERLY LINE OF AUDITOR'S PARCEL 2014116 AS RECORDED IN BOOK 59, PAGE 93 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S64026'20"E 461.81 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHEASTERLY 193.61 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 383.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S78°55'14"E 191.55 FEET); THENCE N86035'51 "E 21.34 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHEASTERLY 62.86 FEET ALONG THE WESTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD AND THE ARC OF A 40.00 FOOT RADIUS, CONCAVE SOUTHWESTERLY (CHORD BEARS S48°20'33"E 56.59 FEET); THENCE SOUTHERLY 171.74 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 2450.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S1°06'49"E 171.70 FEET); THENCE SO°53'41"W 420.64 FEET ALONG SAID WESTERLY RIGHT OF WAY; THENCE SOUTHEASTERLY 422.39 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY Resolution No. 18-87 Page 2 (CHORD BEARS S15°01'37"E 416.97 FEET); THENCE S30056'56"E 364.51 FEET ALONG SAID WESTERLY RIGHT OF WAY TO THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2017015 AS RECORDED IN BOOK 61, PAGE 23 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S59003'04"W 32.46 FEET ALONG THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL 2017015; THENCE SOUTHWESTERLY 236.38 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS S71049'42"W 234.43 FEET); THENCE S59°02'58"W 8.58 FEET ALONG SAID NORTHERLY LINE; THENCE S63056'06"W 544.31 FEET ALONG SAID NORTHERLY LINE TO THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N69046'50"W 240.68 FEET ALONG SAID SOUTHERLY LINE; THENCE N26004'34"W 305.37 FEET ALONG SAID SOUTHERLY LINE; THENCE N44°49'18"W 384.61 FEET ALONG SAID SOUTHERLY LINE; THENCE N16°51'29"W 238.65 FEET ALONG SAID SOUTHERLY LINE; THENCE N52048'14"W 489.10 FEET ALONG SAID SOUTHERLY LINE; THENCE NO°00'00"E 144.54 FEET ALONG SAID SOUTHERLY LINE; THENCE N83°36'43"E 156.77 FEET ALONG SAID SOUTHERLY LINE; THENCE N53013'37"E 209.13 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 45.09 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Whereas, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Whereas, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2017) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. pcd1templates/SUB17 00020 resoluhon.doc.doc Resolution No. 18-87 Page 3 Passed and approved this 2nd day of April , 20 1$ '� � &�--fzz- MayVr Attest City Clerk It was moved by Salih adopted, and upon roll call there were: Ayes: pcddemplates/SUB17-00020 resoloon.doc.doc and seco Nays: Approved by 3 City Attorney's Office nded by Thomas the Resolution be Absent: X Botchway Cole Mims Salih Taylor Thomas Throgmorton 04-02-18 4d(8) STAFF REPORT To: City Council Prepared by: Sylvia Bochner, Planning Intern Item: SUB17-00020 Date: April 2, 2018 Cardinal Pointe West Part 2 GENERAL INFORMATION: Applicant: The Crossings Development, LC 755 Mormon Trek Blvd Iowa City, IA 52244 319-377-4195 jwaddilove@SouthGateCo.com Contact Person: Brian Vogel Hall & Hall Engineers, Inc 1860 Boyson Road Hiawatha, ]A 52233 319-362-9548 brian@halleng.com Requested Action: Final plat approval Purpose: To allow for a 16 -lot residential subdivision Location: West of Camp Cardinal Road and South of Kennedy Parkway Size: 45.09 acres Existing Land Use and Zoning: Undeveloped, RS -12 and RM -12 Surrounding Land Use and Zoning: North: Residential (RS -5) South: Undeveloped (ID -RP) East: Residential (OPD -8) and Mercy Clinic (CO -1) West: Residential (RS -5) and Undeveloped (ID - RP) Comprehensive Plan: Neighborhood Open Space District: File Date: Conservation Design—Clear Creek Master Plan Clear Creek March 5, 2018 60 Day Limitation Period: May 4, 2018 2 BACKGROUND INFORMATION: The applicant, The Crossings Development, LC, is requesting approval for the final plat of Cardinal Pointe West—Part 2, a residential development with 9 single-family lots, 6 duplex lot, and 1 multi -family lot. The subdivision also includes two outlots for private open space, outlots F and G, and an outlot for future development, Outlot H. A preliminary plat for this subdivision was approved in October 2017. The final plat is consistent with the approved preliminary plat. _►: &JI143 The lot size, lot boundaries, and total acreage of the final plat of Cardinal Pointe West—Part 2 are in general compliance with the approved preliminary plat and subdivision regulations. The applicant has signed a Conditional Zoning Agreement which includes conditions related to landscaping and building locations on Lot 32, the multi -family lot. These conditions must be addressed at the time of site plan approval. Neighborhood Open Space: A subdivision of this size requires the dedication of 30,056 square feet of open space of fees in lieu of. The Parks and Recreation Department has determined that fees are appropriate in lieu of neighborhood open space dedication, which will be equivalent to the value of 30,056 square feet of property. This requirement will be addressed in the legal paper. It should be noted that these fees include Outlots F and G, which are reserved for private open space. Open space fees for Outlot H will be calculated when it is developed in the future. Infrastructure Fees: This subdivision is subject to the water main extension fee for $435 per acre and sanitary sewer tap on fee of $570.98 per acre. These fees will be addressed in the legal papers. Payment towards the cost of constructing Camp Cardinal Boulevard will also be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends approval of SUB17-00020, the final plat of Cardinal Pointe West—Part 2, a 45.09 -acre residential subdivision located west of Camp Cardinal Road and south of Kennedy Parkway, which includes 9 single-family lots, 6 duplex lots, and 1 multi -family lot, subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. ATTACHMENTS: 1. Location Map 2. Final plat Approved by: Tracy Hightshoe, Director Department of Neighborhood and Development Services P=Staff Rew9slsubl7-00020 staff report.d= \' SUB17-00020 o s o.2 nnlles Cardinal Pointe West --Part Two • I I Prepared By: Sylvia Bochner Date Prepared: November 2017 ....ad \:'. iti+.�'.L.-�m�g--._ t-� i•� .pry d !,: An application submitted by The1 v Development,Crossings 16 -lot residential.. . r• ' ..� � i���� _ __ _ ,._���•. - •}phi` iI. ' � I a�. ••m" ,�lm� u.0 t iL 'I 4J cq> Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 319.356.5030 Resolution No. 18-88 Resolution amending Resolution No. 17-19 that supported an application for a workforce housing tax credit project application at Camp Cardinal Road and Gathering Place Lane due to a change in the ownership of the property. WHEREAS, in Reso. No. 17-19, Council supported the application by TSB Investments, LLP for a workforce housing tax credit application for 30 dwelling units located at Camp Cardinal Road and Gathering Place Lane and committing $1,000 per dwelling unit; WHEREAS, TSB Investments, LLP has secured additional investors, and the property is now owned by Cardinal Partners LLP, a new partnership; WHEREAS, all other aspects of the project remain the same; WHERAS, the Iowa Economic Development Authority is requiring an amended resolution from the applicant; and WHEREAS, it is in the best interest of the City to support this residential housing project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City supports the Cardinal Partners LLP application for Workforce Housing Tax incentives. Passed and approved this 2nd day of April 2018. M OR Approved by ATTEST ee_e �Z a) fi • r Cl CLERK City Attorney's Office Resolution No. 18-88 Page 2 It was moved by 4a l ; h 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 I r 1CITY OF 1 O WA CIT o4-02-18 -^'x,�� COUNCIL ACTION REPO 4d(9) April 2, 2018 Resolution amending Resolution No. 17-19 that supported an application for a workforce housing tax credit project application at Camp Cardinal Road and Gathering Place Lane due to a change in the ownership of the property. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Tracy Hightshoe, NDS Director Fiscal Impact: $30,000 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: In Reso. No. 17-19, Council supported the application by TSB Investments, LLP for a workforce housing tax credit application for 30 dwelling units located at Camp Cardinal Road and Gathering Place Lane and committing $1,000 per dwelling unit. TSB Investments, LLP has secured additional investors, and the property is now owned by Cardinal Partners LLP, a new partnership. All other aspects of the project remain the same. The Iowa Economic Development Authority (IEDA) is requiring an amended resolution from the applicant. Background / Analysis: The following is a summary of the application approved in Reso. No. 17-19. The IEDA provides financial incentives under the Workforce Housing Tax Credit program to assist the development of housing projects that are targeted at middle-income households and that focus on the redevelopment or repurposing of existing structures. Housing developers are eligible to receive a refund of state sales, service or use taxes paid during construction and an investment tax credit up to a maximum of 10% of the investment directly related to the construction or rehabilitation of housing. There are no rental restrictions or income limitations for the assisted dwelling units, but the average dwelling unit cost may not exceed $200,000 for new construction. To be eligible for the program an applicant must obtain a resolution of support from the City Council and the City must provide at least a $1,000 per dwelling unit match. The applicant proposes to build two buildings with 54 apartments. The first building will consist of 30 units, 18 two-bedroom and 12 one -bedroom units. The applicant requested the 30 units in the first building be considered for the Workforce Housing Tax Credit program, which required a $30,000 commitment from the City. The 30 apartments will range from 800 SF to 1,172 SF. The target market is professionals, retirees and graduate student looking for non -undergraduate housing on Iowa City's west side. The building will be highly energy efficient including a solar panel on the roof to provide all the electrical needs. Prepared by: Susan Dulek, Ass't, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 18-89 Resolution authorizing the Mayor to sign and City Clerk to attest an agreement with Graduate Iowa City Owner LLC concerning the pedestrian mall improvement project and rescinding Resolution No. 18-52. Whereas, Graduate Iowa City Owner LLC is the owner of the former Sheraton Hotel; Whereas, staff has negotiated the terms of an agreement with Graduate Iowa City Owner LLC for construction and maintenance of improvements to the area between City Plaza and the hotel building; Whereas, in Reso. No. 18-52, Council approved a similar agreement, but prior to executing the agreement, the parties made some changes to the agreement; and Whereas, the attached Agreement between the City of Iowa City and Graduate Iowa City Owner LLC Concerning the Pedestrian Mall Improvement Project and Easement Agreement and Release of Agreement should be approved. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. Upon the direction of the City Attorney, the Mayor is authorized to execute and the City Clerk to attest the attached Agreement between the City of Iowa City and Graduate Iowa City Owner LLC Concerning the Pedestrian Mall Improvement Project and Easement Agreement and Release of Agreement. 2. The Clerk is directed to record this resolution and the attached agreement at the City's cost. 3. Resolution No. 18-52 is rescinded. Passed and approved this 2nd day of April 2018. MaVor Approves{ Attest: i � . ����'F� � � a fi' ' r 1 Clerk City Attorney's Office Resolution No. 18-89 Page 2 It was moved by salih and seconded by Thomas Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT-. x Botchway x Cole x Miens x Salih x Taylor x Thomas x Throgmorton the AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GRADUATE IOWA CITY OWNER LLC CONCERNING THE PEDESTRIAN MALL IMPROVEMENT PROJECT AND EASEMENT AGREEMENT AND RELEASE OF EASEMENT This Agreement (this "Agreement') is made and entered into this ?-"day of Nh r h-, 2018 (the "Effective Date"), by and between the City of Iowa City, a municipal corporation (the "City"), and Graduate Iowa City Owner LLC, a Delaware limited liability company ("Graduate"), in Iowa City, Iowa. WHEREAS, Graduate is a successor in interest to MIP Lessee, L.P. and owner of the property locally known as 210 S. Dubuque Street, Iowa City, Iowa and legally described as follows: See Exhibit A attached hereto and incorporated herein (the "Graduate Property"); WHEREAS, the City and MIP Lessee, L.P. entered into the Agreement between City of Iowa City and MIP Lessee, L.P., Concerning the Downtown Streetscape Phase 2 Construction Project on April 14, 1999 that was recorded on April 28, 1999 in Book 2722, Page 253 of the office of the Johnson County Recorder (the "1999 Agreement"); and WHEREAS, the 1999 Agreement pertains to three improvements, namely the outdoor service area, the stage, and the posting pillar; WHEREAS, the City intends to undertake an improvement project to the pedestrian mall, which is adjacent to the north side of the Property in 2018 and 2019; WHEREAS, the planned improvements will impact the outdoor service area and the stage; WHEREAS, the City wishes to place utilities on certain portions of the Graduate Property as part of the planned improvements, all in accordance with the terms and conditions herein, and Graduate is willing to grant the City an easement to accommodate the placement of the utilities as set forth herein; WHEREAS, the City wishes to replace the water line servicing the Graduate Property as part of the planned improvements; and WHEREAS, in light of the planned improvements to the pedestrian mall in 2018 and 2019, the parties wish to terminate the 1999 Agreement in its entirety and enter into this Agreement in replacement thereof. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Termination and Release of 1999 Agreement and Easement. Effective upon execution of this Agreement: (a) The 1999 Agreement is terminated in its entirety and is hereby rendered null and void; (b) the City releases and forever discharges Graduate from all obligations and liabilities under the 1999 Agreement, including any obligations and liabilities related to its predecessors -in -interest; (c) Graduate releases and forever discharges the City from all obligations and liabilities under the 1999 Agreement; and (d) the City releases all easements under the 1999 Agreement. 2. Posting Pillar. The City shall be responsible, at its sole cost and expense, for maintenance of the posting pillar and electrical service on the south side of the hotel building on the Graduate Property (the "Graduate Hotel"), as was required by the 1999 Agreement and shown on Exhibit B attached hereto and incorporated herein. Graduate shall be responsible, at its sole cost and expense, for maintenance of the sidewalk and light fixtures on the south side of the Graduate Hotel, as was required by the 1999 Agreement and shown on Exhibit B. 3. Outdoor Service Area. The City shall design and construct improvements to the outdoor service area located on the Graduate Property and other property (the "Outdoor Service Area Improvements"). The Outdoor Service Area Improvements shall be constructed by the City in accordance with the Pedestrian Mall Improvement plans, Sheets L122 and L123 prepared by Genus Landscape Architects, P.C., the City's design consultant, copies of which are attached hereto as Exhibit C (the "Outdoor Service Area Plans"). The City shall deliver written notice to Graduate not less than ten (10) days prior to the commencement of construction of the Outdoor Service Area Improvements. The City shall pay the full cost of the Outdoor Service Area Improvements, including, without limitation, all design and construction costs related thereto. In no event shall the City alter, amend, change, modify or revise the Outdoor Service Area Plans without the prior written consent of Graduate, which shall not be unreasonably withheld or delayed. Following completion of construction of the Outdoor Service Area Improvements, Graduate shall be responsible for the maintenance of the Outdoor Service Area Improvements located on Graduate Property as shown on Exhibit C. Construction of the Outdoor Service Area Improvements shall be completed by the City no later than December 31, 2019. 4. Sta e/g Canopy. The City shall design and construct improvements to the stage area located on the Graduate Property and City property, including the canopy (the "Stage/Canopy Improvements"). The Stage/Canopy Improvements shall be constructed by the City in accordance with the Pedestrian Mall Improvement plans, Sheets C122, L122, 1-410, 5401, 5501, TR101, ALLI, ALL2, ES112, AW101, AW102, AW111, AW201, AW211, AW411, AW501, AW502, AW503, and AW601 prepared by Genus Landscape Architects, P.C., the City's design consultant, copies of which are attached as Exhibit D (the "Stage/Canopy Plans"), Notwithstanding the foregoing, the Stage/Canopy Improvements shall not include any permanent fixtures, screens, banners or other improvements that materially block, impair or impede the view of the pedestrian mall from Graduate's hotel lobby. For purposes of this provision, a permanent banner does not mean banners publicizing an event that are attached to the stage canopy no more than 24 hours before or atter the scheduled event. The City shall deliver written notice to Graduate not less than ten (10) days prior to the commencement of construction of the Stage/Canopy Improvements. The City shall pay the full cost of the Stage/Canopy Improvements, including, without limitation, all design and construction costs related thereto. In no event shall the City alter, amend, change, modify or revise the Stage/Canopy Plans without the prior written consent of Graduate, which shall not be unreasonably withheld or delayed. Following completion of construction, the City shall be responsible for the maintenance and any repairs to, or replacements of, the stage area, regardless of whether it is located on City property or the Graduate Property. Following completion of construction, the City shall be responsible maintenance of the canopy, as shown on Exhibit D. Construction of the Stage/Canopy Improvements shall be completed by the City no later than December 31, 2019, with the possible exception of the canopy. Graduate acknowledges that the City intends to bid the canopy, with the exception of the canopy footings, as an alternate and that the canopy, as a result, may not be constructed before December 31, 2019. 5. Water Service. No later than December 31, 2019, the City shall replace the Graduate Property's water service from the pedestrian mall to the north face of the Graduate Hotel at the City's full cost (the "Water Service Replacement"). The City shall deliver written notice to Graduate not less than ten (10) days prior to its intended commencement of the Water Service Replacement, and the City and Graduate shall work in good faith to select a mutually agreeable date and time for the Water Service Replacement. During the Water Service Replacement, the City shall not disrupt water service to the Graduate Property for more than six (6) hours at any given time. 6. Temporary Construction Easement. From the Effective Date until the completion of construction (but no later than December 31, 2019), Graduate hereby grants and conveys to the City a temporary non-exclusive construction easement in, over and across the Graduate Property solely for the purposes of facilitating, and only to the extent necessary to facilitate, the construction shown on Exhibit E attached hereto and incorporated herein. The City shall make reasonable efforts to minimize disruption to Graduate, the hotel and restaurants located on the Graduate Property, and their patrons in accordance with Stage/Canopy Improvements shall be constructed by the City in accordance with the Pedestrian Mall hnprovement plans, Sheet D1031, attached hereto as Exhibit E. Graduate acknowledges that the City intends to bid the canopy, with the exception of the canopy footings, as an alternate and that the canopy, as a result, may not be constructed before December 31, 2019. If the canopy is not constructed by December 31, 2019, Graduate agrees to grant the City a temporary non-exclusive construction easement for said construction on the same terms and conditions as set forth herein for a period not to exceed six (6) months from the date that Graduate receives written notice from the City of its intent to commence said construction. 7. Permanent Easement. a) Electrical Units. Graduate grants and conveys to the City a permanent non- exclusive easement solely for the following purposes: (1) locating, maintaining, and using a controller cabinet for lighting, electrical and audio that measures approximately 18 inches (wide) x 5 feet (length) x 6 foot (height); (2) locating, maintaining, and using an underground pull box that measures approximately 36 inches x 36 inches x 36 inches; and (3) locating, maintaining, and using underground electrical wires to and from the controller cabinet and pull box (collectively, the "Electrical Unit Easements"). All of the Electrical Unit Easements shall be located within easement area identified on Exhibit F, which is attached hereto and incorporated herein (the "Electrical Unit Easement Area"). Graduate reserves the right to use the Electrical Easement Area for any purpose which will not unreasonably interfere with the enjoyment of the rights hereby granted to the City. No pennanent strictures shall hereafter be placed within or upon the Electrical Unit Easement Area that would in any way unreasonably interfere with the use of the Electrical Unit Easements by the City for the intended purpose set forth herein. The Electrical Unit Easements shall be perpetual and shall inure to the benefit of the City, its successors in interest, heirs, and assigns, and all covenants shall run with the land and with the title to the land. Graduate further hereby grants and conveys to the City permanent non-exclusive rights of ingress and egress thereto for the purpose of maintaining, repairing or replacing the electrical units described herein. The City shall make reasonable efforts to minimize disruption to Graduate, the hotel and restaurants located on the Graduate Property, and their patrons when exercising its right. b) Stage/Canopy. Graduate further hereby grants and conveys to the City pennanent non-exclusive right of ingress and egress over the Graduate Property for the purpose of maintaining and repairing the stage and for the purpose of maintaining, repairing, or replacing the canopy as the City is obligated to do herein and only to the extent necessary to accomplish any of the foregoing. This easement shall be perpetual and shall inure to the benefit of the City, its successors in interest, heirs, and assigns, and all covenants shall run with the land and with the title to the land when exercising its right. The City shall make reasonable efforts to minimize disruption to Graduate, the hotel and restaurants located on the Graduate Property, and their patrons when exercising its right. C) Posting Pillar. Graduate grants and conveys to the City a permanent non- exclusive easement solely for the purposes of locating, maintaining, and using the posting pillar located on south side of the Graduate Property as shown on Exhibit B. This easement shall be perpetual and shall inure to the benefit of the City, its successors in interest, heirs, and assigns, and all covenants shall run with the land and with the title to the land. Graduate further hereby grants and conveys to the City permanent rights of ingress and egress thereto for the purpose of maintaining, repairing or replacing the posting pillar. The City shall snake reasonable efforts to minimize disruption to Graduate, the hotel and restaurants located on the Graduate Property, and their patrons when exercising its right. S. Self -Help. If (a) the City has cormmenced construction on any of the improvements located on the Graduate Property, and (b) construction of such improvements has not been completed in accordance with the terns and conditions set forth herein by December 31, 2019, then, upon written notice to the City, Graduate shall have the right to complete the work affecting the Graduate Property in accordance with the City's obligations described herein. Following completion of such work, Graduate shall deliver to the City copies of all invoices and supporting materials, including lien waivers for all work performed and competed, and the City shall promptly reimburse Graduate for all actual, reasonable third -party expenses pertaining thereto which have been paid by Graduate. 9. Indemnification. The City agrees to indemnify and hold Graduate harmless from all claims, damages, and/or liability, including reasonable attorney fees, arising out of those aspects of design, construction and maintenance (or failure to maintain) that are obligations of the City herein. The City shall further indemnify Graduate against loss or damage which occurs as a result of the negligent acts or omissions of the City or any of its agents, servants, employees, permitees or invitees in the exercise of its easement rights herein. Graduate agrees to indemnify and hold the City harmless from all claims, damages and/or liability, including reasonable attorney fees, arising out of Graduate's maintenance or failure to maintain those improvements that Graduate is obligated to maintain hereunder. Nothing herein shall be construed as creating any benefits to third parties or any admission of liability by the parties thereto. Furthermore, nothing in this agreement shall be construed as a waiver of any immunities or defenses under state or federal laws available to the parties hereto. 10. Lawfrilly Seized. Graduate hereby covenants with the City that Graduate is lawfully seized and possessed of the real estate above described by virtue of legal and/or equitable title, and that it has good and lawful right to enter into this agreement and convey the easements herein. 11. Run with Land. The provisions shall insure to the benefit of and bind the successors and assigns of the respective parties hereto; shall be deemed to apply to and run with the land and with the title to the land; and this agreement shall be recorded in the Johnson County Recorder's Office, at the City's expense. 12. Amendments/Counterparts. This Agreement may not be amended or modified except in writing signed by each of the parties hereto. This Agreement may be executed in counterparts, which, when taken together, shall constitute one Agreement. However, this Agreement shall not be effective unless and until all counterpart signatures have been obtained. [End of Document. Signatures follow on next page.] IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. CVFY OF IOWA CITY, IOWA By: [ James A. Throgmorton, Mayor ry Attest:,-,.,/�L^P �� 2 _ Kellie K. Fruehling, City Clerk STATE OF IOWA JOHNSON COUNTY This record was acknowledged before me on4j�L 2018, by James A. Throgmorton and Kellie K. Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, and sealed on behalf of the municipal corporation as authorized by the City Council. tr.JL1lAJ CHRISTINE OLNEY o Aub � Commission Number 806232 F:, My Commission Expires OWA Approved By 3 - � c -t C; City Attorney's Office Notary Public in and -to r u to' State o Iowa My conumssion expires: - 51 6 Pedestrian Mall Improvement Project and Easement Agreement and Release of Easement Signature Page IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. GRADUATE IOWA CITY OWNER, LLC, A Delaware limited liability company By: Name: Berjaml J. Weprin Title: Aut d Signatory STATE OF ILLINOIS ) ) ss COUNTY OF COOK ) 1, T 11'"A on a Notary Public I and for said County, in the State aforesaid, clo hereby certify that Benjamin J. Weprin, the Authorized Signatory of Graduate Iowa City Owner LLC, a Delaware limited liability company, who is personally known to me to be the same person whose name is subscribed to the foregoing instruments in such capacity, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his/her own free and voluntary at and as the free and voluntary act of said entity, for the uses and purposes therein set forth. Given under my hand and notarial seal, this�day of l , 2018. r"--) N r Pub c mmission expires: U u STEPHANIE DENSON Official Seal Notary Public - State of I Ilinols My Commission Expires Jan 24, 2027 Pedestrian Mall Improvement Project and Easement Agreement and Release of Easement Signature Page EXHIBIT A LEGAL DESCRIPTION OF THE GRADUATE PROPERTY All that certain parcel or parcels of land located in Block 64, Block 82 and vacated Dubuque Street, Original Town, now the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows: Commencing at a point of reference at the Northeasterly corner of said Block 64; thence South 89 degrees 59 minutes 20 seconds West 222.00 feet along the Northerly line of said Block 64 to the point of beginning (this is an assumed bearing for purposes of this description only); thence South 00 degrees 07 minutes 00 seconds East 199.54 feet along a line parallel with the Easterly line of said Block 64 to a point on a Northerly outside face wall of a parking ramp; thence North 89 degrees 55 minutes 47 seconds West 79.34 feet along the said Northerly outside face of wall to a point on an Easterly outside face of wall of said parking ramp; thence North 00 degrees 04 minutes 14 seconds East 3.24 feet along said Easterly outside face of wall to a point on a Northerly outside face of wall of said parking ramp; thence North 89 degrees 41 minutes 37 seconds West 20.40 feet along said Northerly outside face of wall and said line extended to a point on the Westerly line of said Block 64; thence North 45 degrees 04 minutes 10 seconds West 64.54 feet to a point of intersection with the Southerly line of Lot 1, of said Block 82, extended Easterly; thence North 89 degrees 58 minutes 12 seconds West 72.86 feet along the Southerly line of said Lot 1 extended Easterly to a point; thence North 00 degrees 04 minutes 10 seconds West 150.74 feet along the West line of the East 38.50 feet of said Lot 1 to a point on the Northerly line of said Block 82; thence South 89 degrees 47 minutes 25 seconds East 78.50 feet along the Northerly line of said Block 82 and said line extended to a point on the centerline of said Dubuque Street; thence North 89 degrees 59 minutes 20 seconds East 139.57 feet along the Northerly line of said Block 64 extended Westerly to the point of beginning. 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City Attorney Reviewed By: Geoff Fruin, City Manager Scott Sovers, Sr. Engineer Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Resolution and Agreement Executive Summary: Graduate Iowa City Owner LLC ("Graduate") is the owner of the former Sheraton Hotel. In conjunction with the upcoming pedestrian mall improvement project, this agreement grants the City easements and provides for payment and maintenance of improvements to the north side of the hotel including the stage area. Background / Analysis: The City and Graduate's predecessor in interest entered into an agreement during the 1999 pedestrian mall improvement project for construction and maintenance of improvements. This agreement terminates the 1999 agreement and provides for the following: 1) The City will construct improvements to Graduate's outdoor service area at City cost and Graduate will be responsible for maintenance; 2) The City will construct improvements to the stage and canopy at City cost and the City will maintain the portion of the stage on Graduate's property; 3) The City will replace Graduate's water service from the ped mall to the north face of the hotel at City cost; 4) Graduate grants the City a temporary construction easement; 5) Graduate grants the City a permanent easement for utilities and for maintenance of the stage and canopy; and 6) The City will maintain the posting pillar on the south side of the hotel consistent with the terms of the 1999 agreement. In Reso. No. 18-52, Council approved a similar agreement. Prior to executing the agreement, the parties made some minor changes to the agreement and one substantive change. The substantive change is that the City is now agreeing to maintain the portion of the stage that is located on Graduate's property. Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 18-90 Resolution repealing resolution no. 17-175 that approved a ground lease with Bread Garden for space in the pedestrian mall. Whereas, on May 16, 2017, pursuant to Resolution No. 17-175, the City Council approved a 20 - year Ground Lease with Bread Garden of Iowa City, L.C. for a portion of the pedestrian mall adjacent to the Bread Garden to enable the construction of a structure to serve patrons of the market year-round; and, Whereas, the lease has not been fully executed and Bread Garden, L.C. has decided not to move forward with the project. Now, therefore, be it resolved, by the City Council of the City of Iowa City, in the State of Iowa that Resolution no. 17-175 is hereby repealed. Passed and approved this 2nd day of April 2018 Appr�ved b_y�,� City Attorney's Office M OR ATTEST;. CITY CLERK Resolution No. ft_gp Page 2 It was moved by Salih and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x X x x x ABSENT: x Botchway Cole Mims Salih Taylor Thomas Throgmorton CITY OF IOWA CITY oa-oz-18 COUNCIL ACTION REPORT 4dQ11) April 2, 2018 Resolution repealing resolution no. 17-175 that approved a ground lease with Bread Garden for space in the pedestrian mall. Prepared By: Eleanor Dilkes, City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Loss of lease revenue at $14.70 per square foot Recommendations: Staff: Approval Commission: NA Attachments: Resolution Executive Summary: At the request of the Bread Garden of Iowa City, L.C, on May 16, 2017, pursuant to Resolution No. 17-175, the City Council approved a 20 -year Ground Lease for a portion of the pedestrian mall adjacent to the Bread Garden to enable them to construct a structure to serve patrons of the market year-round. The lease has not been fully executed and Bread Garden, L.C. has decided not to move forward with the project. This resolution will repeal the earlier resolution approving the lease and authorizing the Mayor to sign. April 2, 2018 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P.M., on the above date. There were present Mayor Throgmorton, in the chair, and the following named Council Members: Cole, Mims, Salih, Taylor, Thomas, Throgmorton Absent: Botchway Vacant: N BE Council Member Salih introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $10,750,000 GENERAL OBLIGATION BONDS OF THE CITY OF IOWA CITY, STATE OF IOWA (FOR ESSENTIAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Thomas seconded the motion to adopt. The roll was called and the vote was, AYES: Cole, Mims, Salih, Taylor, Thomas, Throgmorton_ NAYS: None ABSENT: Botchway Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution #18-91 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $10,750,000 GENERAL OBLIGATION BONDS OF THE CITY OF IOWA CITY, STATE OF IOWA (FOR ESSENTIAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $10,750,000, as authorized by Section 384.25, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose projects as hereinafter described; and WHEREAS, before the Bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the Bonds and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P.M., on the 17th day of April, 2018, for the purpose of taking action on the matter of the issuance of not to exceed $10,750,000 General Obligation Bonds, for essential corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of: -2- a) acquisition, construction, reconstruction, and improvement of real and personal property, useful for the protection of property in the City from the effects of flood waters, including construction and improvement of embankments and the development and beautification of the banks and other areas adjacent to flood control improvements; b) opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, alleys and public grounds, and market places, and the removal and replacement of dead or diseased trees thereon; the construction, reconstruction, and repairing of any street improvements, bridges, grade crossing separations and approaches; the acquisition, installation, and repair of sidewalks, culverts, retaining walls, storm sewers, sanitary sewers, water service lines, street lighting, and traffic control devices; and the acquisition of any real estate needed for any of the foregoing purposes; and c) rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks. Section 2. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Division III of Chapter 384 of the Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the Code of Iowa. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 4. The notice of the proposed action to issue bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $10,750,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR ESSENTIAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 17th day of April, 2018, at 7:00 P.M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $10,750,000 General Obligation Bonds, for essential corporate purposes, to provide funds to pay the costs of: a) acquisition, construction, reconstruction, and improvement of real and personal property, useful for the protection of property in the City from the effects of flood waters, including construction and improvement of embankments and the development and beautification of the banks and other areas adjacent to flood control improvements; b) opening, widening, extending, grading, and draining of the right-of- way of streets, highways, avenues, alleys and public grounds, and market places, and the removal and replacement of dead or diseased trees thereon; the construction, reconstruction, and repairing of any street improvements, bridges, grade crossing separations and approaches; the acquisition, installation, and repair of sidewalks, culverts, retaining walls, storm sewers, sanitary sewers, water service lines, street lighting, and traffic control devices; and the acquisition of any real estate needed for any of the foregoing purposes; and C) rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Iowa City, State of Iowa, as provided by Section 384.25 of the Code of Iowa. Dated this 5th day of April, 2018. Kellie K. Fruehling City Clerk, City of Iowa City, State of Iowa PASSED AND APPROVED this 2nd day of April, 2018. Mayor ATTEST: it/Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 2nd day of April, 2018. Ci Clerk, City Iowa City, Stat of owa (SEAL) 01464169-1\10714-130 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Iowa City, in the County of Johnson, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a NOTICE OF PUBLIC HEARING (Not to Exceed $10,750,000 General Obligation Bonds) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the "Iowa City Press -Citizen", a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: April 5th, 2018. WITNESS my official signature this 2nd day of April, 2018. G` Ciq Clerk, City of Iowa City, State of o a (SEAL) 01464169-1\10714-130 "IeCab April 2, 2018 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P.M., on the above date. There were present Mayor Throgmorton, in the chair, and the following named Council Members: Cole, Mims, Salih, Taylor, Thomas, Throgmorton_ Absent: Vacant: None -1- Council Member Salih introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $545,000 GENERAL OBLIGATION BONDS OF THE CITY OF IOWA CITY, STATE OF IOWA (FOR GENERAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Thomas seconded the motion to adopt. The roll was called and the vote was, AYES: Cole, Mims, Salih, Taylor, Thomas, Throgmorton NAYS: None ABSENT: Botchway Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution #18-92 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $545,000 GENERAL OBLIGATION BONDS OF THE CITY OF IOWA CITY, STATE OF IOWA (FOR GENERAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $545,000, as authorized by Section 384.26, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out general corporate purpose projects as hereinafter described; and WHEREAS, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and WHEREAS, before the Bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue such Bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P.M., on the 17th day of April, 2018, for the purpose of taking action on the matter of the issuance of not to exceed $545,000 General Obligation Bonds, for general corporate purposes, the proceeds of which bonds will be used to provide funds to pay -2- the costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of city halls, recreation grounds, recreation buildings, juvenile playgrounds, recreation centers, and parks, and the acquisition of any real estate necessary therefor and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $545,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR GENERAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 17th day of April, 2018, at 7:00 P.M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $545,000 General Obligation Bonds, for general corporate purposes, bearing interest at a rate of not to exceed nine (9%) per centum per annum, the Bonds to be issued to provide funds to pay the costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of city halls, recreation grounds, recreation buildings, juvenile playgrounds, recreation centers, and parks, and the acquisition of any real estate necessary therefor. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City, in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 of the Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Iowa City, State of Iowa, as provided by Section 384.26 of the Code of Iowa. Dated this 5th day of April, 2018. Kellie K. Fruehling City Clerk, City of Iowa City, State of Iowa PASSED AND APPROVED this 2nd day of April, 2018. M or ATTEST: -5- CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 2nd day of April, 2018. Cit Clerk, City of Vwa City, State of w (SEAL) 01464204-1\10714-130 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Iowa City, in the County of Johnson, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a NOTICE OF PUBLIC HEARING (Not to Exceed $545,000 General Obligation Bonds) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the "Iowa City Press -Citizen", a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: April 5th, 2018. WITNESS my official signature this 2nd day of April, 2018. Ci Clerk, City of Idwa City, State of ov a (SEAL) 01464204-1\10714-130 q <88 April 2, 2018 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P.M., on the above date. There were present Mayor Throgmorton, in the chair, and the following named Council Members: Cole, Mims, Salih, Taylor, Thomas, Tbrogmorton_ Absent: Botchway Vacant: None -1- Council Member Salih introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS OF THE CITY OF IOWA CITY, STATE OF IOWA (FOR GENERAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Thomas seconded the motion to adopt. The roll was called and the vote was, AYES: Cole, Mims, Salih, Taylor, Thomas, Throgmorton NAYS: None ABSENT: Botchway Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution #18-93 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS OF THE CITY OF IOWA CITY, STATE OF IOWA (FOR GENERAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $700,000, as authorized by Section 384.26, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out general corporate purpose projects as hereinafter described; and WHEREAS, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and WHEREAS, before the Bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue such Bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P.M., on the 17th day of April, 2018, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, for general corporate purposes, the proceeds of which bonds will be used to provide funds to pay -2- the costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of portions of the new public works facility, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR GENERAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 17th day of April, 2018, at 7:00 P.M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds, for general corporate purposes, bearing interest at a rate of not to exceed nine (9%) per centum per annum, the Bonds to be issued to provide funds to pay the costs of acquisition, construction, reconstruction, enlargement, improvement, and equipping of portions of the new public works facility. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 of the Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Iowa City, State of Iowa, as provided by Section 384.26 of the Code of Iowa. Dated this 5th day of April, 2018. Kellie K. Fruehling City Clerk, City of Iowa City, State of Iowa PASSED AND APPROVED this 2nd day of April, 2018. ATTEST: —�� . ON M- -5- Ma or CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 2nd day of April, 2018. City Clerk, City of Io a City, State of Io (SEAL) AE, MIN [DaDid EaRll: CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Iowa City, in the County of Johnson, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a NOTICE OF PUBLIC HEARING (Not to Exceed $700,000 General Obligation Bonds) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the "Iowa City Press -Citizen", a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: April 5th, 2018. WITNESS my official signature this 2nd day of April, 2018. Ci Clerk, City of Jovk City, State of lot- (SEAL) o a (SEAL) 01464219-1\10714-130 ®,mom CITY OF IOWA CI_ COUNCIL ACTION REPO April 2, 2018 Resolutions Setting Public Hearings for the 2018 General Obligation Bonds Prepared By: Dennis Bockenstedt, Finance Director Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: Adopted as part of the FY2018 Revised Budget and 2018-2022 Capital Improvement Program Recommendations: Staff: Approval Commission: N/A Attachments: Resolutions setting hearings for 2018 General Obligation Bonds; 2018 General Obligation Bonds Project Schedule by Hearing Type Executive Summary: There are three resolutions for the formal City Council meeting on April 2 that are setting public hearings regarding the issuance of the 2018 General Obligation Bonds. The hearings are being scheduled for April 17. Attached is a project schedule by hearing for the 2018 General Obligation Bonds. There are three hearings required for the 2018 general obligation bond issue. Background / Analysis: The City issues bonds every spring to fund the current year's capital improvement projects listed in the Five -Year Capital Improvement Program. The City Council adopted the 2018 capital improvement program on March 6, 2018. The City's bond attorney, Mark Cory, determines the number of bond resolutions required based upon the purpose and classification of the bonds being issued. Iowa state code classifies general obligation bonds as either General or Essential. General obligation bonds classified as General are limited to $700,000 per project and are subject to reverse referendum within 30 days of adoption of the resolution. General obligation bonds classified as Essential do not have a $700,000 project expense cap and are not subject to reverse referendum. The public hearings for the 2018 General Obligation Bond issue have a total combined issuance amount of not to exceed $11,995,000 for projects totaling $11,753,500. The difference between the two amounts is the estimated bond issuance costs. 2018 General Obligation Bonds Project Schedule by Hearing Type General General Purpose - Purpose - Essential Parks/Trails/ Public Works Pro'ect Name Description Purpose City Hall Building City Hall Remodel for MPOJC Remodel MPOJC offices on lower level of $ 150,000 City Hall Public Works Facility Construct portions of the new public works $ facility700,000 West Riverbank Stabilization Stabilization of the west bank of the Iowa $ 680,000 River from Benton Street to Hwy 6. Riverfront Crossings Park Develop Riverfront Crossings Park on site of Development old wastewater plant in Riverfront Crossings $ 200,000 District. Pedestrian Mall Reconstruction of the Blackhawk mini park Reconstruction and the east and west wings of the $ 3,100,000 pedestrian mall. Replace park shelter, restrooms, playgroud Creekside Park and sport court and upgrade access paths. Redevelopment Also adds trails, parking areas, and $ 650,000 community garden space. Removes pedestrian bridge. Cardigan Park Development Development of park land with trails, shelter, $ 168,500 fire it, and landscaping. Dubuque Street Reconstruct and elevate approximately Reconstruction 4,200 feet of Dubuque Street and replace $ 5,000,000 the Park Road Bridge. Consolidation of driveways, undergrounding utilities, and installing sidewalks and Riverside Drive Streetscape landscaping along the west side of Riverside $ 205,000 Improvements Drive from Myrtle Avenue to Benton Street and around the comer from Benton to Orchard Street. Upgrade traffic signals and curb ramps on Gilbert Street at College & Washington Gilbert Street Intersection intersection. Replace existing Improvements roadwaylpedestrian lighting along east side $ 750,000 of Gilbert Street between College & Wasington, and on both sides of Washington between Gilbert & Van Buren. Rochester Ave Sidewalk Infil Construction of sidewalk along the north side Project of Rochester Avenue between the water $ 150,000 storage site St. Thomas Court. GO Bond 2018 Project Totals Public Hearing Amount $10,535,000 $ 518,500 $ 700,000 $ 11,753,500 $10,750,000 $ 545,000 $ 700,000 $ 11,995,000 Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)3565145 Resolution No. 18-94 Resolution setting a public hearing on April 17, 2018 on plans, specifications, form of contract, and estimate of cost for the construction of the Asphalt Resurfacing 2018 — US Hwy 1 (Burlington Street and Governor Street) Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Whereas, funds for this project are available in the Pavement Rehabilitation Fund account # S3824 which includes funding from IDOT Agreement No. 2018-16-197. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 17'5 day of April 2018, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 2nd day of April / _'2018 4�L M or droved b i Attest - (� / y 3 V -a City Clerk City Attorney's Office It was moved by Salih 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 �e Lq) i t 1 CITY OF IOWA C I T oa-oz_is �rI COUNCIL ACTION REPO 4e14) April 2, 2018 Resolution setting a public hearing on April 17, 2018 on plans, specifications, form of contract, and estimate of cost for the construction of the Asphalt Resurfacing 2018 — US Hwy 1 (Burlington Street and Governor Street) Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Prepared By: Dave Panos — Senior Civil Engineer Reviewed By: Ron Knoche — Public Works Director Jason Havel — City Engineer Geoff Fruin — City Manager Fiscal Impact: The estimated cost for this project is $2,972,900 and will be funded with Pavement Rehabilitation Funds S3824. Recommendations: Staff: Approval Commission: N/A Attachments: N/A Executive Summary: This agenda item begins the process to bid the Asphalt Resurfacing 2018 — US Hwy 1 (Burlington Street and Governor Street) Project. This is a joint maintenance project between the Iowa Department of Transportation (DOT) and the City of Iowa City that concentrates on asphalt resurfacing along Hwy 1 in Iowa City, including sections of Burlington Street from Van Buren Street to Governor Street, and Governor Street from Burlington Street to Dodge Street. This project will include funding from the Iowa DOT, and will be referenced by the Iowa DOT as Project No. NHSN-001-5(116) - - 2R-52. Project funding will include a funding agreement with the Iowa DOT (# 2018-16-197), which will include reimbursement for eligible construction costs, such as milling and resurfacing of US Hwy 1 (travel lanes), base repair and patching, and pavement markings. The City will be responsible for the remaining construction costs, and will utilize pavement rehabilitation funds for the costs associated with maintenance related items such as curb and gutter repair and utility improvements (repair or replacement of storm sewer or sanitary sewer facilities). In addition, the Iowa DOT and the City will share the costs for curb ramp repairs such as sidewalk and curb ramp replacement, new ADA tile installation, and related curb and gutter replacement. The funding breakdown for curb ramp repairs will include the Iowa DOT paying 55% and the City paying 45% of the total construction costs related to the curb ramp repairs. The funding agreement with the Iowa DOT is included in a separate resolution, and it is estimated the Iowa DOT share will be approximately $1,524,088 of the estimated total project cost of $2,972,900. The project also involves work on local streets, including Johnson Street from Burlington Street to Bowery Street, Burlington Street from Governor Street to Summit Street, and Court Street from Johnson Street to Dodge Street. Additionally, this project will include chipsealing of local roads and trails. Work on these local sections will be funded entirely by the City. r CITY OF IOWA CITY -^NP Matt � COUNCIL ACTION REPORT In addition to asphalt overlay and chipsealing, the project includes sanitary sewer, storm intake and manhole repairs, repair of curb and gutter as needed and replacement of curb ramps to current ADA standards. Background / Analysis: The Asphalt Resurfacing 2018 — US Hwy 1 (Burlington and Governor Street) will include work at the following locations: Street Milling and 3" Overlay US Hwy 1 (Burlington Street) from Van Buren Street to Governor Street US Hwy 1 (Governor Street) from Burlington Street to Dodge Street Burlington Street from Governor Street to Summit Street Johnson Street from Burlington Street to Bowery Street Court Street from Johnson Street to Dodge Street Chipsealing Taft Avenue from American Legion Road to Rochester Avenue Napoleon Street from Sand Road to South Wastewater Treatment Plant Ridge Street from Ginter Avenue to Highland Avenue Maier Avenue from Rohret Road to Kessler Road Windsor Ridge Park Trail Project Timeline: Set Public Hearing —April 2, 2018 Hold Public Hearing —April 17, 2018 Bid Letting — May 9, 2018 Award Date — May 15, 2018 Construction Start —June 11, 2018 Prepared by: Sylvia Bochner, Planning Intem, 410 E. Washington St, Iowa City, IA 52240, 319-356-5240 6b (SUB 18-00001) Resolution No. 18-95 Resolution approving the preliminary plat of Lindemann Subdivision Part 8, Iowa City, Iowa. Whereas, the owners, Charles and Phyllis Lindemann Revocable Trust, Robert G. Lindemann, and Ruth Geraldine Kabala Residuary Trust, filed with the City Clerk, an application for approval of the preliminary plat of Lindemann Subdivision Part 8, Iowa City, Iowa; and Whereas, the Department of Neighborhood and Development Services and the Public Works Department examined the preliminary plat and recommended approval, and Whereas, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and Whereas, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that 1. The preliminary plat of Lindemann Subdivision Part 8, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this2 rlday of April , 2018 M or i Approved By Attest: e -C: e -c �J i LkI r h z �ih City Clerk City Attorney's Office 31a �" A;, It was moved by Mims and seconded by Thomas adopted, and upon roll call there were: Ayes: Nays: s\pcd\sub18-00001 preliminary plat- resolution.doc Absent: the Resolution be X Botchway Cole Mims Salih Taylor Thomas Throgmorton Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington St, Iowa City, IA 52240; 319-356-5240 (SUB18-0000 } Resolution No. 18-96 Resolution approving the preliminary plat of Forest Hills Estates, Iowa City, Iowa. Whereas, the owner, University Lake Partners, II, filed with the City Clerk, an application for approval of the preliminary plat of Forest Hills Estates, Iowa City, Iowa; and Whereas, the Department of Neighborhood and Development Services and the Public Works Department examined the preliminary plat and recommended approval; and Whereas, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and Whereas, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The preliminary plat of Forest Hills Estates, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this''-ndday ofApril 2018. Ma or / Approved By Attest:: ee.� �' �.k( �Cvtjz Kzn rlJrfuf- City Clerk / City Attorney's Office It was moved by Thomas and seconded by Mims the Resolution be adopted, and upon roll call there were: Ayes: X X X X X X Nays: slpcdlsub18-00002 preliminary plat - resolution.doc Absent: X Botchway Cole Mims Salih Taylor Thomas Throgmorton STAFF REPORT To: Planning and Zoning Commission Prepared by: Sylvia Bochner, Planning Intern Item: SUB18-00002 Date: March 1, 2018 Foster Road GENERAL INFORMATION: Applicant: University Lake Partners, II 340 Herky Street North Liberty, IA 52317 Contact: Jim Glasgow 319-351-6788 jimglasgow@q.com Requested Action: Approval of preliminary plat Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: To allow for the development of Forest Hill Estates, a 5 -lot residential and commercial subdivision South of 1-80, between Dubuque Street and Prairie Du Chien Road 53.29 acres Undeveloped, recently rezoned to OPD/RS-12 and CO -1 North: Highway 1-80 South: Undeveloped and Residential, RS -12 East: Residential, RS -5 West: Residential, RS -5 and RS -12 North District Plan Foster Road January 25, 2018 March 11, 2018 The applicant, University Lake Partners ll, is requesting approval of the preliminary plat for Forest Hills Estates, a five -lot commercial and residential subdivision located south of 1-80 between Prairie Du Chien Road and Dubuque Street. City Council recently approved a rezoning of the property to Planned Development Overlay/High Density Single Family Residential (OPD/RS-12) and Commercial Office (CO -1). The preliminary plat follows the concept plan submitted as part of the rezoning process. The preliminary plat includes 4 multi -family residential lots, 1 commercial lot, and an outlot for private open space. :04-02-18 6d 2 The subject area is currently undeveloped and the majority has no road access. To allow for development of this area, Foster Road will be extended to connect N. Dubuque Street and Prairie Du Chien Road. All the proposed lots will have frontage onto the Foster Road extension. The subject area also includes a significant number of environmentally sensitive areas, including regulated slopes, wetlands, woodlands, and a stream corridor. These areas have been addressed in the Planned Development — Sensitive Areas Development Plan. As an arterial street, Foster Road is not included in the area being platted. Construction plans for Foster Road, including required sidewalks and bicycle facilities will be reviewed separately by the City Engineer. The applicant has indicated that they have used the "Good Neighbor Policy" and conducted a neighborhood meeting on November 17, 2017. ANALYSIS: Compliance with Comprehensive Plan: The North District Plan indicates that, following the extension of Foster Road, the subject area is appropriate for small apartment buildings, townhouses, and single-family homes designed to preserve the sensitive features in this area. The plan also indicates that office development could be appropriate at the intersection of Prairie Du Chien Road and Foster Road. The proposed preliminary plat includes one commercial lot located at the intersection of Prairie Du Chien Road and Foster Road, which will be zoned Commercial Office (CO -1). The remaining four lots, located along Foster Road, are intended for multifamily housing. One of these lots is intended for independent senior housing, the others will have townhouse -style multifamily residential development. The residential lots include construction limit lines that protect sensitive features on the property. The subdivision also includes a 23.87 -acre outlot for private open space located north of Lots 2, 3, and 4. These uses, along with the Planned Development — Sensitive Areas Development Plan, comply with the goals of the comprehensive plan for this area by allowing for residential and commercial development, while protecting environmentally sensitive features on the property. Subdivision design: The subject property is in the process of being rezoned to include a Planned Development Overlay. During this process, the lot lines and building placements for this development have been identified. The proposed subdivision is consistent with the Planned Development. The subdivision includes 5 lots and 2 outlots: • Lot 1 is zoned Commercial Office and is located at the intersection of Prairie Du Chien Road and Foster Road. Vehicular access to this lot will be provided via a drive from Foster Road. • Lot 2 is located south of Lot 1, outside the 300 -foot highway buffer. The concept plan shows a 7 -unit townhouse -style multifamily residential development on this lot. • Lot 3 is located southwest of Lot 2. The concept plan shows this lot developed with a large multi -family structure. • Lot 4 is located west of Lot 3. This lot includes a private road, Glasgow Drive, which provides access to 9 townhouse -style multifamily buildings with a total of 33 units. Glasgow Drive must end in a hammerhead. Lot 4 also includes rear alleys that provide vehicular access to the townhomes that front directly onto Foster Road. Sidewalks are also provided connecting the units on Glasgow Drive to Foster Road. • Lot 5 is located south of Lots 2 and 3. This lot includes 6 townhouse -style multifamily buildings, most of which face Foster Road. Vehicular access is provided through a rear alley. Outlot A is a 23.87 -acre lot located north of Lots 2, 3, and 4 and south of 1-80 intended for private open space. This lot includes environmentally sensitive features, including protected slopes and wetlands. At the time of final plat approval, the developer must submit a legally binding plan for maintaining private open space and financing maintenance costs, which should be shared between all owners of property within the planned development. There is a 0.26 -acre lot located south of Lot 1, which is labeled as a "Outlot B." This area will need to be dedicated to the City to add to the Foster Road right of way. The layout of lots and proposed private roads generally meets the subdivision regulations. The extension of Foster Road provides the primary street access to the development, supplemented by private roads and alleys or driveways to provide vehicular access to the multi -family and townhome buildings. The plat shows sidewalks along the private street to extend pedestrian access throughout the development. Neighborhood Open Space: A subdivision of this size requires the dedication of 1.39 acres of neighborhood open space or fees in lieu of. The Parks and Recreation Department has determined that fees are appropriate in lieu of neighborhood open space dedication. The fee will be equivalent to the fair market value of 1.39 acres of property. This requirement will need to be addressed in the legal papers for the final plat. Environmentally Sensitive areas: The subject area includes several environmentally sensitive areas, including steep slopes, wetlands, woodlands, and a steam corridor. The Planned Development — Sensitive Areas Development Plan, submitted through the rezoning process, shows how development impacts or protects environmentally sensitive features. The preliminary plat includes construction limits which direct development away from environmentally sensitive features. Most of the sensitive areas will remain undisturbed by development within the large outlot. Infrastructure fees: A water main extension fees of $435 per acre applies to this property. Payment of these fees will need to be addressed in the legal papers at the time of final plat approval. STAFF RECOMMENDATION: Staff recommends approval of SUB18-00002, an application submitted by University Lake Partners II for a preliminary plat of Forest Hills Estates, a 5 -lot, 53.29 -acre residential and commercial subdivision located south of 1-80 between Dubuque Street and Prairie Du Chien Road, subject to the resolution of deficiencies. DEFICIENCIES: 1. Preliminary plat (plan view) must show private roads and sidewalks, including a turnaround on the north end of Glasgow Drive and the proposed grades of the private street. 2. Clarifications and labeling corrections needed for stormwater easements. 3. Glasgow Drive easement must include a turnaround. 4. Private water services should not be shown on the plat. The water line in Lot 4 will be private. 5. The City Engineer has also indicated the need for revisions on the stormwater plan. It is anticipated that these deficiencies will be resolved prior to the March 1 Planning and Zoning Commission meeting. ATTACHMENTS: 1. Location Map 2. Preliminary Plat Approved by: Kent Ralston, Acting Director, Department of Neighborhood and Development Services SUB18-00002 Foster Road d Lv:Svlvia Lochner i�.i.� Pr cpm ed: JanuaryN18 All SA In i—e k' ..., seri -�::.T Sacu4er v,, v �3a�a•e" .�+' Q. - x [R k 4 c• 5 a rz tl M m b• t d. c 4¢ s C .. L �M E y�O� .GF;Geo VENn1M T FOREST VIEW rcw o FOREST VIEW 0 �GA p TVIEW Np,Y`!J 000 GR9 yOGy�s'O �2g An application submitted by University Lake Partners 11, LLC for the approval of the preliminary plat for 53.29 acres of property located south of 1-80 between rairie Du Chien Road and Dubuque Street. APPLICATION FOR PRELIMINARY PLAT FOREST HILL ESTATES IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA r CITY OF IOWA CITY MEMORANDUM Date: March 15, 2018 To: Planning and Zoning Commission From: Bob Miklo, Senior Planner Re: SUB18-00002 Forest Hills Estates Preliminary Plat This item was deferred at the March 1 meeting pending review and approval of the stormwater management plan by the City Engineer. A revised plan was submitted this week. It is anticipated that the City Engineer will complete the review and that any necessary corrections will be made prior to the March 15 Planning and Zoning Commission Meeting. Planning and Zoning Commission March 15, 2018 Page 21 of 24 Signs noted he is more inclined to approve this as he learns there are options for the property owner that could be economically viable. Freerks agreed it was good to have the conversation about options as well as the benefits for the historical designation. She reiterated that no one wants to push undue burden on a homeowner and also would like the City to look into a way for some tax relief on these types of properties. Theobald noted she really thinks this is an attractive house and wants to see it preserved A vote was taken and the motion carried 5-0. DEVELOPMENT ITEM (SUB18-00002): Discussion of an application submitted by University Lake Partners, II for preliminary plat of Forest Hills Estates, a 53.29 -acre 5 -lot subdivision with 4 residential lots and 1 commercial office lot located south of Interstate 80 west of Prairie Du Chien Road. Miklo noted that the Commission recommended approval of rezoning this area a few weeks ago, this action would be to create the various five lots that were shown in the zoning plan. Lot one is for the commercial office, lot two for seven townhouses, lot three for the senior housing, lot four for townhouses, and lot five for townhouses. Outlot A would be permanent open space and preservation of the woodlands and Outlot B will be dedicated to the City and become part of the right-of-way for Foster Road. Miklo stated this item was deferred at the last meeting because the stormwater management had not been approved by the City Engineer but since that meeting revised plans have been submitted, reviewed and approved by the City Engineer. Therefore staff is now recommending approval. Freerks opened the public hearing. Rob Decker (Project Manager) came forward and noted they did some minor edits to the plans when working with City Engineer by revising the stormwater design and some of the elements shown on it, they adjusted a few property borders and erosion control items. Freerks closed the public hearing. Signs moved to approve SUB18-00002 an application submitted by University Lake Partners, II for preliminary plat of Forest Hills Estates, a 53.29 -acre 5 -lot subdivision with 4 residential lots and 1 commercial office lot located south of Interstate 80 west of Prairie Du Chien Road. Martin seconded the motion. Freerks said the Commission has seen this in the past and it looks good. Martin asked if the outlot on Prairie Du Chien was contiguous to the rest of the lots. Miklo agreed and said a warranty deed would be issued for that outlot. A vote was taken and the motion carried 5-0. Development Item sus 18-00002 Discussion of an application submitted by University Lake Partners, II for a preliminary plat of Forest Hills Estates, a 53.29 -acre 5 -lot subdivision with 4 residential lots and 1 commercial lot located south of Interstate 80 west of Prairie Du Chien Road. ayr_ arm+sW.ax.�shLFf � 'III Ma/fRf W SIStl NBi S"�'GaErC - OUTLOT'A• aoac LOT 4 PRUATE DRIVE LOT 2 - - - - - - - - - - - - :A LOT 41 L W.l LOT 5 R" I i LOT I Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 (SUB18-00003) Resolution No. 18-97 Resolution approving the extraterritorial preliminary plat of Pine Grove Estates, Johnson County, Iowa. Whereas, the owner, Bryan Svoboda, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Pine Grove Estates, Johnson County, Iowa; and Whereas, the Department of Neighborhood and Development Services and the Public Works Department examined the preliminary plat and recommended approval; and Whereas, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and Whereas, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The preliminary plat of Pine Grove Estates, Johnson County, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 2nd day of April , 2018. Mayor Attest:. - C , , e.z_0- City Clerk 6 U PCD/lerrplales/prcliminary plat county - resolution. doe Approved by City Attorney's Office Resolution No. Page 2 It was moved by Mims and seconded by salih 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 STAFF REPORT To: Planning and Zoning Commission Prepared by: Sylvia Bochner, Planning Intern Item: SUB18-00003 Date: March 15, 2018 GENERAL INFORMATION Applicant: Stewart Road Development, LLC 526 W. Park Road Iowa City, IA 52245 319-351-6534 bryan.svoboda@gmaii.com Contact: Bryan Svoboda 319-351-6534 bryan.svoboda@gmail.com Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Approval of preliminary plat To allow for the development of a 4 -lot residential subdivision 3910 Stewart Road NE 4.59 acres Single Family Residential, County R North: Single Family Residential, County R South: Single Family Residential, County R East: Single Family Residential, County R West: Single Family Residential, County R Johnson County Fringe Area Agreement February 8, 2018 March 25, 2018 04-02-1 S 6e L The applicant, Stewart Road Development, LLC, has submitted a preliminary plat forthe Pine Grove Estates subdivision, a 4 -lot, 4.59 -acre residential subdivision located at 3910 Stewart Road NE. Because the property is located within Iowa City's two-mile Fringe Area, the Fringe Area Agreement specifies that City approval will be required when the property is subdivided. The subject property is in the North Corridor Fringe Area, but outside Iowa City's growth area. 2 ANALYSIS: Comprehensive Plan: The Fringe Area Agreement, an element of the Comprehensive Plan, is intended to provide guidance regarding the development of land located within two miles of Iowa City's corporate limits. The agreement's stated purpose is to provide for orderly and efficient development patterns appropriate to a non -urbanized area, protect and preserve the fringe area's natural resources and environmentally sensitive features, direct development to areas with physical characteristics which can accommodate development, and effectively and economically provide services for future growth and development. This property is located in the North Corridor Fringe Area beyond Iowa City's growth area and therefore is not likely to be annexed into the city. According to the Fringe Area Agreement, residential uses are the preferred land uses in this area. Subdivisions outside of the growth area are required to adhere to the City Rural Design Standards contained in the Fringe Area Agreement. These standards generally conform to the County zoning and subdivision standards rather than typical City requirements for infrastructure and lot design. These standards allow for less complete infrastructure and have less detailed design requirements compared to the City's Subdivision Standards. City Rural Design Standards: Streets: Access to the subdivision will be via Stewart Road NE. Access to individual lots will be through Pine Grove Lane, a short private road that ends in a cul-de-sac. The preliminary plat indicates that access shall not be permitted onto Dubuque Street or Freedoms Lane. Water and Sewer Treatment: The subdivision will be served by a private water well and septic system. The County Health Department will need to approve the water and septic systems for this subdivision. Stormwater Management: The preliminary plat shows vegetated bio-swales with subdrains located on either side of the proposed Pine Grove Lane. Overall, the subdivision will need to comply with County stormwater management standards. Zoning: The property is zoned County Residential, which allows single family dwellings on lots that are at least 1 -acre. The proposed lots all meet this standard with each lot slightly larger than 1 acre. STAFF RECOMMENDATION: Staff recommends approval of SUB18-00003, Development, LLC, for a preliminary plat of Pine subdivision located at 3910 Stewart Road NE. ATTACHMENTS: 1. Location Map 2. Preliminary Plat Approved by: J'e't. Tracy Hightshc Department of an application submitted by Stewart Road Grove Estates, a 4 -lot, 4.59 -acre residential and Development Services 0 0.275 0.55 1.1 Miles I i I i I SUB18-00003 3910 Stewart Road NE Prepared By: Sylvia Bochner Date Preeared: March 2018 Ott, 1 J p' NO F A.LI V l:L=N94 PRELIMINARY PLAT PINE GROVE ESTATES JOHNSON COUNTY, IOWA 'uea'nm� i t a P , iPVSWn.JCMMnIfdWM.YaV.. ` r STANDARDIEGENDANDNOTES hbk ;� lINGW81{AING Iz 9bAN,➢Fai Bl. muaarc.uasa LMOE: P�N>a]6[1 J`. W 1 ,m wPUE,�flP, o m'n_un�m��ie era®vo�unu�ww a�nvma� w�� �xs PREl1KINAW PLAT ION, nm....e �:.�..., m e.,—....R..m.... AGE ....n`•..—. o Planning and Zoning Commission March 15, 2018 Page 22 of 24 DEVELOPMENT ITEM (SUB18-00003): Discussion of an application submitted by Stewart Road Development, LLC for a preliminary plat of Pine Grove Estates, a 4.59 -acre 4 -lot residential subdivision for property located at 3910 Stewart Road NE in Fringe Area A of the Iowa City/Johnson County Fringe Area Agreement. Bochner stated this property is in the County but within two miles of the City and therefore in the Fringe Area Agreement. However it is not within Iowa City's growth area so it is not anticipated it will be annexed into the City. It is located on the corner of Dubuque Road and Stewart Road, it is about 4.5 acres and the proposal is to subdivide it into four lots, each one a little over one acre. Access will be provided on a short private road that ends in a cul-de-sac. The Comprehensive Plan sees this area as appropriate for residential development and is County zoned residential. The subdivision will be served by a private water well and septic system which will need to be approved by the County Health Department. For stormwater management the preliminary plat shows vegetated bio-swales with subdrains located on either side of the proposed Pine Grove Lane. Overall, the subdivision will need to comply with County stormwater management standards. Staff recommends approval of SUB18-00003, an application submitted by Stewart Road Development, LLC, for a preliminary plat of Pine Grove Estates, a 4 -lot, 4.59 -acre residential subdivision located at 3910 Stewart Road NE. Theobald asked about the house that is currently on property and how close the new road is to that driveway. Miklo said he believes they will remove the existing house. Freerks opened the public hearing. Rob Decker (Project Manager) is unable to answer the question about the new driveway, he is not as familiar with this project and is covering this meeting for another engineer. His gut tells him it will be in the same place. He added they will also be adding in some soil conservation on the property. Larry Svobada stated he has no financial stake in this project, he came just to listen, but he added he does know the person that owns the property and the house will be removed. Freerks closed the public hearing Signs moved to recommend approval of SUB18-00003 an application submitted by Stewart Road Development, LLC for a preliminary plat of Pine Grove Estates, a 4.59 -acre 4 -lot residential subdivision for property located at 3910 Stewart Road NE in Fringe Area A of the Iowa City/Johnson County Fringe Area Agreement. Parsons seconded the motion. Freerks noted it seems straight forward and should be a nice development A vote was taken and the motion carried 5-0. Development Item SUB 18-00003 Discussion of an application submitted by Stewart Road Development, LLC for a preliminary plat of Pine Grove Estates, a 4.59 -acre, 4 -lot residential subdivision for property located at 3910 Stewart Road NE in Fringe Area A of the Iowa City/Johnson County Fringe Area Agreement. SU618-00003 s 3910 Stewart Road NE 0 u7s oss U mile, i Prepared By: SyMa Bahner T� Date Prepared: March 2018 w, Ste 42 t s *� —.- •� � \ f 1 � r An by Stewart �i�ywt k'I application submitted 4.59 -acre, 4 -lot residential subdivision located at 3910 Stewart Road NE. Iri PRELIMINARY PIAT PINE GROVE ESTATES JOHNSON COUNTY,lOWA LjgT I toe TYPICAL Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO, 18-98 Resolution approving 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 Outlet B, North Airport Development, at the northwest corner of Ruppert Road and Frontage Road, consisting of approximately .42 acres, and Whereas, Outlet 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, Outlet 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 is in the best interests of the City. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The attached Counteroffer with Harry Hinckley for the sale of Outlet B is approved. 2. The Mayor and the City Clerk are authorized and directed to respectively execute and attest the Counteroffer attached hereto. Passed and approved this 2nd day of April I Attest: C t J C C It_ t ity Clerk M or Approved by City Attorney's Office 2018. I Resolution No. 18-98 Page 2 It was moved by Thomas and seconded by rums the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Mims x Salih x Taylor Thomas x Throgmorton COUNTER-OFFER TO: Harry Hinckley ('Buyer"). The City of Iowa City, Iowa, a municipal corporation ("Seller"), makes the following Counter -Offer to the Offer to Purchase Vacant Land by Buyer for Outlot B, North Airport Development: Harry Hinckley (Herein "Buyer") hereby offers to buy, and the undersigned Seller, by its acceptance of this Agreement, agrees to sell the real property situated in Iowa City, Johnson County, Iowa, locally known as Outlot B, North Airport Development, Iowa City, Iowa together with all the Seller's right, title and interest in all buildings and improvements, if any located on the above-described real estate, and subject to any easements and appurtenant servitudes for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions and modifications, except for the Permitted Exceptions, as defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to as the "Property". The Property shall be conveyed with good, clear and marketable title, subject to the following Permitted Exceptions: 1. Zoning and building laws and ordinances; and 2. covenants, restrictions, reservations and easements of record approved by Buyer, including FAA Surface and Overhead Avigation Easement. In consideration of the covenants and obligations contained herein, the Seller and Buyer agree as follows: 1. PURCHASE PRICE, The Purchase Price for the Property shall be $20,000, to be paid in full at the time of closing, all title objections being corrected to show marketable title. 2. REAL ESTATE TAXES. Seller shall pay the prorated share, based upon the date of closing, of the real estate taxes for the fiscal year in which closing occurs, due and payable in the subsequent fiscal year, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative tax rollback and real estate tax exemptions that may be applicable to and used for the calculation of taxes payable in the fiscal year commencing July 1, 2018. If, at the time of closing, the tax rate has not been certified, then the most current certified tax rate shall be used. 3. SPECIAL ASSESSMENTS. Seller shall pay all installments of special assessments which have been certified to the Johnson County Treasurer for collection before the Closing date. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing, shall be paid by Buyer. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Buyer through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Buyer. 4. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. Seller agrees to maintain existing insurance until closing or possession, whichever first occurs. Buyer may also insure the Property prior to closing or possession. The Property shall be preserved in its present condition, ordinary wear and tear excepted, and Seller shall deliver it intact at the time the Buyer takes possession. Prior to the Buyer taking possession, Seller shall promptly give written notice to the Buyer of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Buyer shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the Buyer shall have the option to either 1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has raider the insurance policies covering the Property; or 2) terminate this Agreement effective immediately. 5. POSSESSION AND CLOSING. If Seller timely perforins all obligations, possession of the Property shall be delivered to Buyer within 30 clays of City Council and FAA approval, and any adjustments of rent, insurance, taxes, interest and all charges attributable to the Seller's possession shall be made as of the date of closing. Closing shall occur after approval of title by Buyer's attorney and vacation of the Property by Seller. Seller agrees to permit Buyer to inspect the Property within 48 homy prior to closing to assure that the premises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached, such as: fencing, gates, bushes, trees, shrubs and plants. 7. ABSTRACT AND TITLE. Seller, at Buyer's expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to Buyer's attorney for examination. It shall show merchantable title in Seller in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. The abstract shall become the property of Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or their assignees. 8. SURVEY. Buyer, at Buyer's expense, may have the Property surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. If the survey is required under Chapter 354, Buyer shall pay the cost thereof. 9. ENVIRONMENTAL MATTERS. (a) Buyer is purchasing the Property in its present condition with no warranties or representations from the Seller regarding the condition of the property. Seller warrants that the Property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. (b) Buyer may, at its expense, within 10 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property, Buyer shall have the option to terminate this Agreement effective immediately or to remove them at Buyer's sole cost. 10. DEED. Upon payment of the purchase price, Seller shall convey the Property to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by Buyer. 11. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 2 12. REMEDIES OF THE PARTIES. A. If Buyer fails to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to them. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 13. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or by certified mail return receipt requested, addressed to the parties at the following addresses: Seller, City of Iowa City, City Clerk, 410 E. Washington, Iowa City, Iowa 52240; Buyer, Harry Hinckley, 2262 Jessica Lane, Coralville, IA 52241. 14. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parities. This Agreement shall survive the closing. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 15. CITY COUNCIL APPROVAL. This agreement is subject to approval by the City Council of Iowa City as required by Section 364.7 of the Code of Iowa. 16. FAA RELEASE. Tlris agreement is subject to the FAA granting the City a release to sell the Property. If the FAA does not release the Property by July 1, 2018, this agreement shall be null and void. All other terms of the Offer to Purchase Vacant Land submitted by Buyer not inconsistent with the terms of the Counter -Offer shall remain the same. This Counter -Offer shall expire at 5:00 p.m. on April 2, 201 S. Accepted this M day of 2018. BUYER �\ \� Harry Hind 'ey CITY OF IOWA CITY, IOWA, SELLER Geoe Fruin City Manager Date V 61 /lF" Approved By �r / City Attorney's Office '" "�Airport Division Validated 09/2012 -o { PAA Central Region Suggested Template for Avigation Easements We have pro ded this sample Avigation Easement language to assist Sponsors with the preparation of an agreement for eir specific location and situation. We recommend Sponsors furnish this sample language to their attorney tasked ith preparing the actual Avigation Easement. Limitations of Us The FAA's provision f this sample language serves as a starting point for the Sponsor r preparing their customized avigation Bement. Sponsors must not construe provision of this sam document as being complete and legally su cient. Sponsors are solely responsible for verifying the al status of all contractual matters, including establis ent of avi ation easements. SURFACE D OVERHEAD AVIG ION EASEMENT WHEREAS, (Property Ow r), hereinafter Kled the Grantors are the fee owners of the following specifically d cribed par nd situated in (City, County & State): (Metes & bounds hereinafter called "Grantors' NOW, THEREFORE, in other good and valuable hereby acknowledged, tl executors, successors an and benefits to the (Na and benefit of the pub}5c tion of n,the f for the of easement parcel) outlined on an attached Exhibit A map. sum of 1 and sufficiency of which is s, their heirs, administrators, assigns do hereby gran the following appurtenant rights of Airport) hereinafter c lied the "Grantee" for the use The appurtenant rights and benefits include the t�es, rights and restrictions described as/follows: \ The unobstructe use and passage of all types of aircraft in d through the airspace at any, eight or altitude above the surface of the Ian . The right of aid aircraft to cause noise, vibrations, fumes, depo its of dust, fuel particles (in idental to the normal operation of aircraft); fear, inte ference with sleep or co unication, and any other effects associated with the rmal operation f aircraft taking off, landing or operating in the vicinity o (Airport). As use herein, the term "aircraft" shall mean any and all types of aircr whether now ' existence or hereafter manufactured and developed, to include jet, propeller -driven, civil, military or commercial aircraft; helicopters, regardl s of existing or future noise levels, for the purpose of transporting persons or pro erty through the air, by whoever owned or operated. °"�•_AiTPoDivision Validated 09/2012 FAA Central Region In granting this easement, the Grantors agree to make no modifications to the follo` "accepted" existing structures lying within the bounds of the easement area of the -antors' property. 20' x 25' utility shed, see attached Exhibit A map) The Grantors agree that 4ui ing the life of this easement, they A not construct, erect, suffer to permit or al w any structure or trees on the rface of the burdened property. The Grantors may t permit any places of pub 'c assembly or gatherings within the easement area. (Exa ples: churches, scho s, day care facilities, hospitals, restaurants, stadiums, ffice buildings, et . The Grantors are permitted to continue to grow and harvest c ps or graze liv stock in the easement area The Grantors agree to keep the easeii (permanent or temporary) that might residences, fuel handling and storage creation of any means of electrical in aircraft over the easement area. Grantors agree to waive all/damas and c�be caused by theGrantors of any (Airport) has a perpetual rigress/e;to remove any new structuetation as "accepted." TO HAVE AND TO appertaining thereto (Airport) shall be ab-, It is understood and/ shall be binding up/61 successors and as iei 'free of the following: structures are or contain misleading lights; and smoke generating activities and e that could effect the movement of s for damages caused or alleged to ;ct of this easement document. The in the easement area and the right is not specifically mentioned above 49LD said easement and o the Grantee, its succe; idoned and shall cease to ,,reed that all provisions h the Grantors, their heirs, until such time that the e ht of way, and all rights rs, and assigns, until said used for public airport purposes. shall run with the land and Z-nistrators, executors, ent is extinguished. IN Jeasee EREOF, the grantors have hereunt set their hands and seals thisday of 20 (Local recordation and practices must also be met. If subor 'nation is necessary in whigagee must join in the agreement, a tatement must be made to assugage is subordinate to the Easement a d the Easement recoand prior to lien in said mortgage with t consideration of the date of the mortgage instrument) Grantor(s) Prepared by: Stefanie Bowers, Equity Director/ Human Rights Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5022 Resolution No. 18-99 Resolution Adopting the Social Justice and Racial Equity Grant Allocations for Fiscal Year 2018. Whereas, the City Council approved funding in the fiscal year 2018 budget for Social Justice and Racial Equity ("SJRE") Grants to community-based organizations to build capacity to address social justice and racial equity; and Whereas, the City has disseminated SJRE Grant applications to Iowa City organizations; and Whereas, the City received twenty-eight applications for SJRE Grant for fiscal year 2018; and Whereas, the Human Rights Commission held a meeting to discuss and review applications regarding the allocation of funds for the SJRE Grant for fiscal year 2018; and Whereas, the Human Rights Commission has recommended that Exhibit A be approved; and Whereas, the City Council finds that the public interest will be served by the adoption of the fiscal year 2018 SJRE Grant allocations. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that: 1. The allocation of fiscal year 2018 SJRE Grant funds attached hereto as Exhibit A is hereby approved and adopted. 2. The City Manager or designee is hereby authorized to execute, terminate, or amend SJRE Grant agreements executed in connection with the allocation of public funds. Passed and approved this 2nd day of April 2018. M OR ATTEST ,-_,kCc.e CITY CLERK Approved by: City Attorney's Office Resolution No. Page 2 BE It was moved by Thomas and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x ABSTAIN: x Mims Botchway Cole Mims Salih Taylor Thomas Throgmorton the Exhibit A Organization FYI Request HRC Recommendation Shelter House $5000.00 $5000.00 Neighborhood & Development Services $600.00 $600.00 Healthy Kids School Based Health $12,300.00 $12,300.00 Center for Worker Justice $10,900.00 $7100.00 $28,800.00 $25,000.00 r ' CITY OF IOWA CIT o4-02-18 nZ �� COUNCIL ACTION REPOR 11 April 2, 2018 Resolution Adopting the Social Justice and Racial Equity Grant Allocations for Fiscal Year 2018. Prepared By: Stefanie Bowers, Human Rights Coordinator/Equity Director Reviewed By: Geoff Fruin, City Manager Sue Dulek, Assistant City Attorney Fiscal Impact: $25,000.00 Recommendations: Staff: Approval Commission: Approval Attachments: Resolution Executive Summary: This resolution approves the recommendation by the Human Rights Commission to provide full funding for four out of the twenty-eight organizations that applied for the Social Justice and Racial Equity Grant for fiscal year 2018. The budget amount for the Social Justice and Racial Equity Grant is $25,000.00. Background / Analysis: Background / Analysis: In 2017, the City Council approved funding in the amount of $25,000.00 in the fiscal year 2017 budget for Social Justice and Racial Equity ("SJRE") Grants to community based organizations to build capacity to address social justice and racial equity. For fiscal year 2018, the City Council approved a duplicate amount of money for the grant. The purpose of the grant is to encourage, empower, and engage social justice and racial equity initiatives in this community. The grant is available to for-profit and non-profit Iowa City based organizations (including City departments) to fund programs, activities, or services that help eliminate inequities in the community. The grant lists six priority service areas: education, building community, housing, criminal justice, health, and employment. Organizations whose programs, services, or activities address one or more of these priorities are considered first for funding. Funding request for operational costs such as rent, salaries or utilities of an organization are not covered by the grant. Applications to apply for the grant for fiscal year 2018 were available from December 1, 2017 — January 2, 2018. CITY OF IOWA CITY COUNCIL ACTION REPORT The Human Rights Commission met on January 23 (minutes in City Council Packet of March 6) to review the twenty-eight funding requests. By a vote of 8-0 the Commission recommended to the City Council the following allocations for the grant for fiscal year 2018. The Commission also requested for the Council to consider allocating $3800 more for the grant for fiscal year 2018 so that all selected recipients are funded at their requested amount. Organization FY18 Reg uest HRC Recommendation Shelter House $5000.00 $5000.00 Neighborhood & Development Services $600.00 $600.00 Healthy Kids School Based Health $12,300.00 $12,300.00 Center for Worker Justice $10,900.00 $7100.00 $28,800.00 $25,000.00 Brief descriptions of the service, program, or activity are listed below. Shelter House ($5000) The Shelter House Fairweather Lodge program is a permanent supportive housing intervention for adults who are experiencing homelessness, have a chronic mental illness (diagnoses primarily of schizophrenia, major depressive disorder, and/or bi-polar disorder) and are committed to a life of mental health recovery. Many participants have more than one mental health concern and may have combinations of illnesses such as a psychotic disorder combined with PTSD, anxiety, personality disorder, or substance abuse disorder. When faced alone, these challenges present severe barriers to maintaining both employment and housing. Through the Fairweather Lodge, members live and work in community and collectively overcome their challenges. Each Lodge is home to as many as six members. The model is peer -driven with members sharing responsibility for daily chores, establishing and enforcing their own house rules and ensuring daily med compliance as a group. Employment is requisite and a supported placement is available through Shelter House Fresh Starts janitorial services. From time -to -time a member may choose outside employment in the greater community. If awarded SJRE grant funding, Shelter House intends to develop a Social Engagement and Healthy Living Initiative for Lodge trainees and members as an additional component to the Fairweather Lodge supportive programming. The offerings will include everything from group activities and workshops such as art, writing, and outdoor recreation; individual training (particularly Peer Support Specialist Training); to attending cultural and community events and museums. Neighborhood & Development Services ($600) "Walk and Roll Wednesdays" is a pilot program to encourage walking and biking as a tool for building community. The goal of the program is to get people out walking and biking in their neighborhood as a way to reduce social isolation and foster of sense of place. Iowa City's South Planning District was chosen as an ideal area in which to try out the program due to its diverse population and the abundance of parks and trails. The district includes all neighborhoods south of Highway 6 and east of the Iowa River. r CITY OF IOWA CITY COUNCIL ACTION REPORT The concept for the program was drawn from the Neighborhood Quality chapter of the South District Plan (adopted 2015), which focuses on fostering an inclusive sense of community that embraces the diversity of its population and the many environmental and recreational assets that serve the area. The plan identified a number of opportunities intended to help foster a sense of belonging, especially for residents who may be new to the area or have limited English language skills. Several of these opportunities were centered around outdoor facilities and recreation, including the following: "Support Blue Zones efforts to get people active by hosting regular walking and biking events on the South District Trails. Encourage the establishment of festivals or other special events that celebrate the unique qualities of South Iowa City, including its cultural diversity. For example: commercial areas encourage social activity by hosting special events—farmers markets, food truck night, live music, dance, roller derby, etc." The proposed program will encourage people to be active in their neighborhoods—walking or biking—at least one day per week. A series of events located in and around parks, along trails, or walkable areas will focus on making senior citizens, families, immigrants, and women feel comfortable and more familiar with the trail system and on -street facilities, such as the bike lanes and wide sidewalk on Sycamore Street. The program will run through the month of May (5 Wednesdays) with the hope of encouraging regular walking and biking among residents. Healthy Kids School Based Health ($12,300) Healthy Kids School -Based Health Clinics (HKSBHC) is seeking to fund a new project; the Families of Immigrants and Refugees Mental Health Project (FIRM) to enhance the mental health services it already offers so they include mental health services for notjust children/youth but their families as well. Currently, the clinic works with Johnson County Focus on Youth (FOY) funding, ICCSD school funding and School Children's Aid to pay for school-based and private therapy and psychiatry services for its uninsured patients who are between the ages of 0-18 or graduation age (through one's 21st year). The FIRM Project would focus on meeting the needs of clinic patients who are noncitizens living in Johnson County with emphasis on individuals whose family members have been negatively - affected by anti-immigrant/refugee policies such as the recent rescission of Deferred Action for Childhood Arrivals (DACA) and others. The project would consist of funding support for individual and family therapy sessions as well as quarterly "Know Your Rights" workshops, which would be open to all interested community members. These workshops would pertain to two focus areas: 1) For general immigrant rights for those lawfully and unlawfully present in the U.S.; including DACA recipients and 2) For immigrant rights related to victims and survivors of domestic violence. Within the last year, clinic staff have witnessed the toll these decisions have had on individuals and as a result, households. A particular case that comes to mind is of a 16 -year-old girl who witnessed the nightly stress and fear within her parents who are undocumented and the uncertainty of their future living in a government that is becoming more vigilant towards populations from which they come. The stress/fear her parents festered within took shape the form of stricter rules for her and her siblings, shorter fuses, etc. All of these symptoms triggered increased anxiety within the young girl who eventually developed depression and experienced suicidal ideation, leading to temporary hospitalization. Much of the fear this girl's parents were experiencing stemmed from uncertainty or lack of knowledge as undocumented individuals living in the United States. 'r CITY OF IOWA CITY -^� COUNCIL ACTION REPORT The FIRM project aims to help individuals receive accurate information, from trusted resources, in safe environments as well as the opportunity to receive funds to pay for counseling to improve family dynamics and well-being due to these and other conflicts. Center for Worker Justice ($7100) The Work Skills Initiative proposes four ten -week classes for hands-on work skills training for two groups, low-income youth and adults. The program will be carried out in conjunction with the STEAM Fab Lab, a collaborative workspace that provides materials and services to support invention, innovation and entrepreneurship. Eligible youth and adults will have immigrant and/or low-income backgrounds. Low-income youth or adults enrolled in the ten -week program would spend the first five weeks experiencing a variety of skill opportunities to include trade skills, wiring, fabrication processes, and woodworking. The last five weeks of the class would involve developing and creating a project with a mentor that involves the skills learned in the first weeks of the class. Per the grant review process, staff to the Commission shared the recommendation with the University of Iowa's Chief Diversity Office. To view all grant applications submitted for fiscal year 2018 visit the City Council's Social Justice and Racial Equity Initiative webpage under the link https://www8. iowa-city.org/weblink/O/edoc/1768152/Submissions%20FY%20SJ RE%2OGrant.pdf. Prepared by: Scott Sovers, Sr. Civil Engineer, Public Works, 410 E. Washington Sl., Iowa City, IA 52240 (319)356-5142 Resolution no. 18-100 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Pedestrian Mall Improvements Project Whereas, Portzen Construction, Inc. of Dubuque, Iowa has submitted the lowest responsible bid of $7,421,805 for construction of the above-named project; and Whereas, the bid includes the base bid and Alternate #1; and Whereas, funds for this project are available in the Pedestrian Mall Reconstruction account #R4340. 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 Alternate #1 is hereby awarded to Portzen Construction, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign the contract for construction of the above-named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 2nd day of April _,2018 Mayl6r Attest CI y Clerk p roved City Attorney's Office It was moved by trims and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: X X X x X Nays: Absent: X Botchway Cole Mims Salih Taylor Thomas Throgmorton IN ®1 CITY OF IOWA C 104.02.18 COUNCIL ACTION REPO;;:: April 2, 2018 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Pedestrian Mall Improvements Project. Prepared By: Scott Sovers — Sr. Civil Engineer Reviewed By: Jason Havel — City Engineer Ron Knoche — Public Works Director Geoff Fruin — City Manager Fiscal Impact: $7,421,805, available in the Pedestrian Mall Reconstruction account #R4340. Recommendations Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the Pedestrian Mall Improvements Project to Portzen Construction, Inc. of Dubuque, Iowa. This project generally includes the replacement of deteriorated pavements, upgrading of existing utilities, enhancement of existing landscaping features, replacement of site furnishings and installation of a permanent stage near the weather dance fountain within the Pedestrian Mall. The Pedestrian Mall is more specifically defined as College Street (Clinton Street to Linn Street) and Dubuque Street (Washington Street to College Street). Background / Analysis: The City Council formally adopted the Iowa City Downtown and Pedestrian Mall Master Plan on March 25, 2014. The plan contained an implementation strategy that included projects that were selected to address safety and public infrastructure needs. Of the twelve (12) projects listed in the master plan, the Pedestrian Mall Improvements Project was rated as one of the highest priority projects. This was based upon both the City and the public's desire to not only replace aging public infrastructure, but also to enhance this space to better accommodate existing and future uses, while renewing the vibrancy of the Pedestrian Mall. The construction cost estimate for the project (base bid) was $6,801,071. In addition to the base bid, there were three bid alternates. They were as follows: Alternate #1: Canopy for the performance stage — estimated construction cost of $883,700 Alternate #2: Blackhawk Mini Park shade structure - estimated construction cost of $154,000 Alternate #3: Salvaging and palletization of existing brick - estimated construction cost of $140,000 The following bids were received at the March 271 bid letting: r CITY OF IOWA CITY Zft- . COUNCIL ACTION REPORT Company Base Bid Alternate #1 Alternate #2 Alternate #3 (Stage Canopy) BHMP Structure (Salvage Brick Portzen Construction $6,784,505.00 $637,300.00 $357,500.00 $247,800.00 All American Concrete $7,053,418.00 $2,600,000.00 $850,000.00 $57,820.00 Tricon General $7,324,443.00 $985,741.00 $254,000.00 $743,400.00 Construction Based upon the bids received, staff recommends awarding the base bid and alternate #1 to Portzen Construction, Inc. of Dubuque, Iowa. Project Timeline: Award Date — April 2, 2018 Construction Start —April 30, 2018 Estimated construction Completion — October 2019 NOTICE TO BIDDERS PEDESTRIAN MALL IMPROVEMENTS Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 27th day of March, 2018. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 3rd day of April, 2018, or at special meeting called for that purpose. The Project will involve the following: Utility upgrades, new lighting, permanent stage canopy and shade structure, full paving replacement, site improvements and plantings. All work is to be done in strict compliance with the plans and specifications prepared by Genus Landscape Architects, of Des Moines, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (1007o) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. A non -mandatory Pre -Bid Meeting will be held on March 19, 2018 at 1:30PM at the Emma J. Harvat Hall (Iowa City City Hall, 410 E. Washington Street, Iowa City, Iowa, 52240). The following limitations shall apply to this Project: Phase 1A: Late Start Date: April 30, 2018 Substantial Completion' Date: July 31, 2018 Incentive / Disincentive: $1000/Day Maximum Incentive: $10,000 Phase 1 Alley Critical Closure 14 Allowable Closure Days Incentive / Disincentive: $1000/Day Maximum Incentive: $5000 AF -1 Note: Once alley is closed, it is to remain closed until completion of all work Phase 1 B: Late Start Date: April 30, 2018 Substantial Completion* Date: October 31, 2018 Incentive / Disincentive: $1000/Day Maximum Incentive: $10,000 Phase 2: Early Start Date: May 13, 2019 Substantial Completion* Date: October 31, 2019 Incentive / Disincentive: $1000/Day Maximum Incentive: $10,000 *Substantial completion is defined as the state in the progress of Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at Technigraphics, 415 Highland Ave, #100, Iowa City, Iowa, 52240, by bona fide bidders. A $50 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technigraphics. The deposit shall be refunded upon return of the Contract Documents within fourteen days after the award of the Project. If the Contract Documents are not returned within fourteen days after award and in a reusable condition, the deposit shall be forfeited. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired 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 techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. KELLIE FRUEHLING, CITY CLERK AI