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HomeMy WebLinkAbout2018-08-21 ResolutionItem Number: 5.d. i r , CITY OF IOWA CITY UNESCO CITY OF LITERATURE August 21, 2018 Resolution to issue Dancing Permit 1. Cream, LLC., dba Union Bar, The, 121 E. College St. ATTACHMENTS: Description Resolution Dancing Permit S.J.I Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 18-229 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: The Union Bar — 121 E. College St. Passed and approved this 21st day of August / 2018 G, NWOR Zpproved by ATTEST' d%Q C CLERK j City Attorney's Office It was moved by Mims and seconded by Cole the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway - Vacancy X x Cole x Mims % Salih x Taylor x Thomas Throgmorton Item Number: 6.b. I r I, CITY OF IOWA CITY �n- COUNCIL ACTION REPORT August 21, 2018 Resolution authorizing the procurement of Elevator Maintenance Services. Prepared By: June Nasby, Buyer I I Reviewed By: Dennis Bockenstedt, Finance Director Fiscal Impact: See Background/Analysis Recommendations: Staff: Approval Commission: N/A Attachments: Pricing Resolution Executive Summary: On June 21, 2018, a Request for Proposal for Elevator Maintenance Service was posted to the City of Iowa City web site. Vendors were required to submit questions and clarifications regarding the Request for Proposal by noon on July 5, 2018 and submit their proposals by 2:30 p.m. on July 12, 2018. The City received a proposal from the following vendors: Kone Inc., Schumacher Elevator Company, Inc. and Otis Elevator Company. Proposals were distributed to an Evaluation Committee, which consisted of representatives from Parks and Recreation and Transportation Services. The Evaluation Committee individually reviewed each proposal and its compliance with the specifications. Background /Analysis: Over the course of this 3 -year contract, we expect to expend approximately $180,000 - $200,000, based on anticipated usage. Funds for this purchase are available in the structure repair and maintenance services line items in the operating budget for the following departments: Senior Center, Parks and Recreation, Public Works, Transportation Services, Library, Police Department, Airport and the Fire Department. The evaluation committee looked at pricing, customer satisfaction, references, experience, previous experience with the City and also responsiveness to the request for proposal. One of the main reasons the evaluation committee selected Schumacher was based on the positive feedback that was received when talking with their references. The City also has had good past experience with the service tech that is with Schumacher. A major reason that Otis was not selected was the City's experience with them as our current vendor. Over the past year, the City has not been satisfied by the quality of the preventative maintenance provided by Otis. They also had the highest pricing. When talking with references regarding Kone, we heard negative things regarding their service. After a complete evaluation of all of the submitted proposals, the Evaluation Committee recommends Schumacher Elevator Company receive the contract award for Elevator Maintenance Services as they had the best overall proposal. ATTACHMENTS: Description Pricing Resolution Prepared by: June Nasby, Buyer II, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5076 Resolution No. 18-230 Resolution authorizing the procurement of Elevator Maintenance Services Whereas, a Request for Proposal was put out to solicit elevator maintenance services for the City of Iowa City; and Whereas, three proposals were received for these services; and Whereas, the evaluation committee has selected Schumacher Elevator Company; and Whereas, the initial term of this contract will be for three years, with an option to renew for another three years; and Whereas, City's purchasing policy requires City Council to approve purchases for commodities and services over $150,000; and Whereas, over the course of this 3 -year contract, the City expects to expend approximately $180,000 - $200,000 for preventative maintenance and service calls; and Whereas, funds for this purchase are available in the structure, repair and maintenance services line items in the operating budget; and Whereas, approval of this purchase is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to take whatever steps are necessary to effectuate future purchases. Passed and approved this 21st day of August 2018 MAYOR APPr e� ATTEST:' �� CI CLERK City Attorney's Office It was move by Mims and seconded by Cole the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Resolution No. 18-230 Page 2 X Vacancy -Botchway seat Cole Mims Salih Taylor Thomas Throgmorton RFP #19-37 Elevator Maintenance Service Contract Item A: Complete Maintenance Monthly Kone Inc Month Year Otis Elevator Company Month Year Schumacher Elevator Company Month Year Capitol Street Ramp A $840.00 $10,080.00 $1,000.00 $12,000.00 $870.00 $10,440.00 Dubuque Street Ramp B $420.00 $5,040.00 $500.00 $6,000.00 $440.00 $5,280.00 Chauncey Swan Ramp C $240.00 $2,880.00 $500.00 $6,000.00 $275.00 $3,300.00 Tower Place Ramp D $950.00 $11,400.00 $900.00 $10,800.00 $950.00 $11,400.00 Library "A" and "B" $360.00 $4,320.00 $435.00 $5,220.00 $377.00 $4,524.00 Water Plant Passenger and Freight $480.00 $5,760.00 $555.00 $6,660.00 $535.00 $6,420.00 Court Street Transporation Ramp E $420.00 $5,040.00 $605.00 $7,260.00 $440.00 $5,280.00 Senior Center $259.00 $3,108.00 $325.00 $3,900.00 $280.00 $3,360.00 Item B: Exam and Lubrication Monthly Senior Center $210.00 $2,520.00 $250.00 $3,000.00 $230.00 $2,760.00 Library "C" $210.00 $2,520.00 $250.00 $3,000.00 $230.00 $2,760.00 City Hall Passenger $210.00 $2,520.00 $250.00 $3,000.00 $230.00 $2,760.00 Quarterly Hawkeye Lift $216.00 $864.00 $180.00 $720.00 $245.00 $980.00 Senior Center Scissor Lift $216.00 $864.00 $180.00 $720.00 $245.00 $980.00 City Hall Police Department $216.00 $864.00 $180.00 $720.00 $245.00 $980.00 Airport $216.00 $864.00 $180.00 $720.00 $245.00 $980.00 Recreation Center $216.00 $864.00 $180.00 $720.00 $245.00 $980.00 Fire Station#4 $300.00 $1,200.00 $180.00 $720.00 $410.00 $1,640.00 $60,708.00 $71,160.00 $64,824.00 Item D: Material Markup 12% 25% 20% Item E: Service Call Rates M-F (Exam & Lubrication) $196.00 $190.00 $215.00 After hours, M-F and Saturday $310.00 $220.00 $358.00 Page 1 After hours, Sundays and holidays 1 $350.00 1 $245.00 1$445.00 Page 2 Item Number: 6.c. CITY OF IOWA CITY �n- COUNCIL ACTION REPORT August 21, 2018 Resolution authorizing the Mayor to sign and the City Clerk to attest to the renewal of a contract for the Laserfiche software for document management. Prepared By: June Nasby, Buyer I I Kellie Fruehling, City Clerk Reviewed By: Shannon McMahon, Communications Coordinator Ashley Monroe, Assistant City Manager Fiscal Impact: Funds for this purchase are available in Account #10210200-455110 and Account #10120100-444080, in the operating budget for Communications and City Clerk. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: For approximately two decades, the City has run Laserfiche software for document management. Substantial funds have been spent in developing our Laserfiche infrastructure, as well as training multiple departments in its proper use. The time has come to renew our software maintenance contract. We are happy with the Laserfiche product and do not believe that there is a benefit to investing the time and tremendous resources that would be necessary to change software suite. Background /Analysis: Expenditures greater than $150,000 for commodities and operational service contracts require approval by the City Council. The current contract includes an option to renew on an annual basis. Renewals have been processed since the early phases of implementation. Over the years with the addition of users and Laserfiche modules, the contract amount has reached the level of needing City Council approval to extend the contract. The R&D Computer Systems, LLC contract for document management is estimated to cost $44,000 each contract period. Staff believe the R&D Computer Systems, LLC fee request is reasonable and recommend that the City Council approve the renewal of the contract for these services. ATTACHMENTS: Description Resolution Prepared by: June Nasby, Buyer It, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5076 Resolution No. 18-231 Resolution authorizing the Mayor to sign and the City Clerk to attest to the renewal of a contract for the Laserfiche software for document management Whereas, the City has previously established a contract for the services with R&D Computer Systems, LLC; and Whereas, the City's current contract term with R&D Computer Systems, LLC will expire on August 25, 2018; and Whereas, due to the hardship that would be created by changing to a new system at this time, the City seeks to renew the contract for the above services with R&D Computer Systems, LLC for one additional year; and Whereas, the City's Purchasing policy requires City Council approval for contracts over $150,000.00; and Whereas, the service fees for R&D Computer Systems, LLC for a one-year renewal are estimated to be $44,000.; and Whereas, funds for this purchase are available in Account #10210200-455110 and Account #10120100-444080, in the operating budget for the Communications and the City Clerk; and Whereas, approval of this procurement is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to take whatever steps are necessary to effectuate future renewals. Passed and approved this 21st day of August 2018 F., MNYOR % APPr nTTEST4 - CI CLERK City Attorney's Office b,c Resolution No. 18-231 Page 2 It was move by Mims and seconded by adopted, and upon roll call there were: AYES: NAYS: Cole Resolution be ABSENT: x Vacancy -Botchway seat Cole Mims Salih Taylor Thomas Throgmorton Item Number: 6.d. I r I, CITY OF IOWA CITY �n- COUNCIL ACTION REPORT August 21, 2018 Resolution approving, authorizing, and directing the Mayor to execute and the City Clerk to attest Amendment No. 1 to the December 2, 2016 Agreement by and between the City of Iowa City and Bolton & Menk, Inc. to provide consultant services for the Normandy Drive and Stevens Drive Storm Water Pump Station Projects. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $95,472.00 available in the Normandy Dr. Storm Sewer Replacement fund #M3629 and Stevens Drive Storm Sewer Improvements fund #M3630. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Amendment Executive Summary: The Normandy Drive and Stevens Drive Pump Station projects will make storm sewer and gate structure modifications to reduce the amount of staff response time needed during flooding from the Iowa River. Due to possible alternatives considered during the design phase, additional consultant services are necessary to complete the project design for bidding. Background /Analysis: When the Iowa River water levels are high, it is currently necessary to manually install storm water pumps in intake structures at the low points in order to keep Normandy and Stevens Drive open. Manually operated and maintained diesel powered pumps were most recently installed during the flooding in 2013 and 2014. Backflow from the river was blocked by either closing existing gate structures, or by sandbagging storm sewer structures. The purpose of these projects is to provide a more permanent and reliable pumping arrangement using salvaged pumps from the wastewater treatment facility and by modifying storm sewer structures and/or gate structures. During the preliminary design phase, it was determined the original project was not as simple or efficient as originally planned. In order to develop a project that would provide long term efficiency and reliability for future flooding events, additional study and design work was required. This work includes review of alternative flood protection measures for Normandy Drive, as well as extensive storm sewer modeling and basin, berm and pump station design for Stevens Drive. The additional cost for these services is $95,472.00. ATTACHMENTS: Description Resolution Amendment to Agreement Prepared by Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5436 Resolution No. 18-232 Resolution approving, authorizing, and directing the Mayor to execute and the City Clerk to attest Amendment No. 1 to the December 2, 2016 Agreement by and between the City of Iowa City and Bolton & Menk, Inc. to provide consultant services for the Normandy Drive and Stevens Drive Storm Water Pump Station Projects. Whereas, the City entered into an agreement with the Consultant for Preliminary Design, Final Design and Bidding and Construction Services for the Normandy Drive and Stevens Drive Storm Water Pump Station Projects (the "Project'); and Whereas, a study of alternatives to using a pump station at the Normandy Drive site is necessary due to site constraints that were discovered during the preliminary design phase; and Whereas, additional design alternatives have been requested at the Stevens Drive site to potentially accommodate the extra pump from the Normandy Drive site; and Whereas, additional modeling is needed at the Stevens Drive site to analyze the increased pumping capacity; and Whereas, a geotechnical investigation is necessary at the Stevens Drive site to accommodate a larger pump station design; and Whereas, the City now desires to expand to scope of the project to include the additional work; and Whereas, Consultant is willing to perform these additional services in exchange for additional compensation; and Whereas, funds are available in Account #M3629 Normandy Dr Storm Sewer Replacement and Account #M3630 Stevens Drive Storm Sewer Improvements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Amendment. Passed and approved this 21st day of August 2018 Ma or Attest,-!- City ttestCity Clerk D Approved by City Attorney's Office 1"A Resolution No. 18-232 Page 2 It was moved by Mims and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Vacant - Botchway'Seat x Cole —x— Mims x Salih x Taylor _ x Thomas x Throgmorton CONSULTANT AGREEMENT AMENDMENT No. 1 THIS AMENDMENT NO.1 to the December 2nd, 2016 CONSULTANT AGREEMENT for the Normandy Drive and Stevens Drive Stormwater Pump Station Projects, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Bolton & Menk, Inc., of Cedar Rapids, Iowa, hereinafter referred to as the Consultant is made and entered into this 21st day of August 2018. WHEREAS, the City entered into an agreement with the Consultant for Preliminary Design, Final Design and Bidding and Construction Services for the Normandy Drive and Stevens Drive Storm Water Pump Station Projects (the "Project"); and WHEREAS, a study of alternatives to using a pump station at the Normandy Drive site is necessary due to site constraints that were discovered during the preliminary design phase; and WHEREAS, additional design alternatives have been requested at the Stevens Drive site to potentially accommodate the extra pump from the Normandy Drive site; and WHEREAS, additional modeling is needed at the Stevens Drive site to analyze the increased pumping capacity; and WHEREAS, a geotechnical investigation is necessary at the Stevens Drive site to accommodate a larger pump station design; and WHEREAS, the City now desires to expand to scope of the project to include the additional work; and WHEREAS, Consultant is willing to perform these additional services in exchange for additional compensation; and WHEREAS, funds are available in the Normandy Drive and Stevens Drive Storm Water Pump Stations fund. NOW THEREFORE, it is agreed by and between the parties hereto that the Agreement is hereby amended as follows: 1. SCOPE OF SERVICES Consultant agrees to perform the following additional services for the City, and to do so in a timely and satisfactory manner. A. Normandy Drive a. Study of Flood Heights and Possible Alternative Flood Protection Measures i. Review of Elevation Certificates for Existing Structures ii. Review Ownership Records and FEMA Deed Restrictions iii. Review and Compare Flood Height Data from Multiple Sources iv. Discussion with USACE Regarding Dam Operation Procedures v. Review Existing Roadway Elevations and Possible Reconstruction and Roadway Raise Scenarios vi. Prepare Reports Summarizing and Making Recommendations vii. Design of Duckbill Check Valve and Intake Reconstruction Alternative B. Stevens Drive a. XPSW MM 2D Stormwater Modeling for Stevens Drive Watershed b. Analysis of Alteratives for Increasing Storm Drain System Capacity c. Analysis of Alternatives for Pump Station and Forebay Detention Basin Operation d. Design of Earthen Berm to Redirect Floodwaters e. Design of Pump Station Access Roadway f. Design of Separate, Stand Alone Duplex Pump Station, Gatewell Structure, and Earthen Forebay g. Soils Investigation and Geotechnical Engineering i. Soil Borings and Soil Classification ii. Slope Stability it!. Pump Station Structure Foundation Design h. Preparation of parcel impact details and property easemenUacquisition exhibits for additional properties impacted by the increased scope of work 11. TIME OF COMPLETION The project as proposed will require acquisition of property rights which will dictate the overall design and construction schedule. Final construction documents will be prepared prior to the property acquisition process. A revised project schedule is as follows: Task Completion Date Geotechnical Investigation July 27, 2018 Final Design August 31, 2018 Property Acquisition March 1, 2019 Bid Letting May 15, 2019 Construction October 18, 2019 Ill. COMPENSATION FOR SERVICES In consideration for performance of the above-described additional Scope of Services, the Consultant shall be compensated not -to -exceed $95,472.00 on an hourly rate basis as provided in the December 2nd, 2016 Consultant Agreement rate schedule. The total compensation for services, as herein amended, shall not exceed $134,692.00. IV. All other provisions of the December 2nd, 2016 Consultant Agreement not specifically amended herein shall remain in full force and effect. FOR THE CITY By: Title: Mayor Date: 08/21/2018 r ATTES1 1 � FOR THE CONSULTANT By: *4(& Date:— /A -.,B Approved by: City Attorney's Office Date Item Number: 6.e. CITY OF IOWA CITY �n- COUNCIL ACTION REPORT August 21, 2018 Resolution authorizing the acquisition of property interests necessary for construction of the Gilbert Street Intersection 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: Funding will be via the Gilbert Street Intersection Improvements account #S3945 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Preliminary design for the Gilbert Street Intersection Improvements Project has been completed, and the proposed improvements require the acquisition of permanent right-of-way (ROW) and temporary construction easements within the project corridor. Permanent ROW will be acquired at the Gilbert Street intersection with College Street to allow for an updated traffic signal. Temporary construction easements will also be needed to install updated pedestrian curb ramps at the College Street and Washington Street intersections with Gilbert Street. Background /Analysis: The project generally includes the following: Gilbert Street (From College Street to Washington Street) • Traffic signals at the College and Washington Street Intersections. • Pedestrian curb ramps at the College and Washington Street Intersections. • Roadway and pedestrian level lighting. • New 12 -inch water main. Washington Street (From Linn Street to Van Buren Street) • Roadway and pedestrian level lighting. With the original Gilbert Street and Washington Street corridor improvements occurring in the early 1970's, the traffic signals, roadway lighting and pedestrian curb ramps on Gilbert Street (College to Washington) and on Washington Street (Linn to Van Buren) are in need of replacement as they are in poor condition and do not meet current design standards. Additionally, the existing 1946 6 -inch cast iron water main on Gilbert Street between College Street and Washington Street needs to be upgraded to a 12 -inch main to meet future demands of the downtown area. ATTACHMENTS: Description Resolution Prepared by. SoottSovers, Sr. Civil Engineer, Public Works, 410 E. Washington St, Iowa City, IA 52240 3133565142 t ,e, Resolution No. 18-233 Resolution authorizing the acquisition of property interests necessary for construction of the Gilbert Street Intersection Improvements Project. Whereas, the City of Iowa City desires to construct the Gilbert Street Intersection Improvements Project ("Project") which includes traffic signal and pedestrian curb ramp replacement at College Street and Washington Street Intersections, roadway and pedestrian level lighting improvements and Gilbert Street water main replacement between College Street and Washington Street; and Whereas, City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and Whereas, City staff has determined the location of the proposed Project; and Whereas, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and Whereas, funds for this project are available in the Gilbert Street Intersection Improvements account # S3945. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and/or easement for the construction of the Gilbert Street Intersection Improvements Project ("Project") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Resolution No. 18-233 Page 2 Passed and approved this 21st day of August 2018 Ma or Attest: City Clerk It was moved by trims and seconded by adopted, and upon roll call there were: pp oved by City Attorney's Office Cole the Resolution be Ayes: Nays: Absent: x Vacant - Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton Item Number: 61. I r I, CITY OF IOWA CITY �n- COUNCIL ACTION REPORT August 21, 2018 Resolution accepting the work for the storm sewer, sanitary sewer, and water main, public improvements for The Rise at Riverfront Crossing development located on Lots 1, 2, 3 and 4, Block 1, County Seat Addition, and declaring public improvements open for public access and use. Prepared By: Josh Slattery, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: No impact. Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: The Rise at Riverfront Crossings is a building consisting of two towers located at the southwest corner of E. Court Street and S. Linn Street. Uses include residential, office, hotel, and retail. Background /Analysis: The construction of the storm sewer, sanitary sewer, and water main improvements for the Rise at Riverfront Crossing have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. ATTACHMENTS: Description Engineer's Report Resolution k, -F Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 18-234 Resolution accepting the work for the storm sewer, sanitary sewer, and water main, public improvements for The Rise at Riverfront Crossing development located on Lots 1, 2, 3 and 4, Block 1, County Seat Addition, and declaring public improvements open for public access and use Whereas, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications approved by the Engineering Division. Sanitary sewer, storm sewer, and water main improvements for The Rise at Riverfront Crossings development located on Lots 1, 2, 3 and 4, Block 1, County Seat Addition, as constructed by Dave Schmitt Construction Company Inc. of Cedar Rapids, Iowa. Whereas, the maintenance bonds have been filed in the City Clerk's office; and Whereas, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 21st day of August , 2018 Ma or Attest; "9 City Clerk Ap rov by City Attorney's Office It was moved by trims and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Vacant — Botchway seat x Cole % Mims % Salih x Taylor % Thomas x Throgmorton � r 1 �1®1l CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 ENGINEER'S REPORT (319) 356 - 5009 FAX www.icgov.org August 14, 2018 Honorable Mayor and City Council Iowa City, Iowa Re: Rise at Riverfront Crossings Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, and water main improvements for the Rise at Riverfront Crossings development located on Lots 1, 2, 3 and 4, Block 1, County Seat Addition have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Dave Schmitt Construction Company Inc. of Cedar Rapids, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Item Number: 6.g. I r I, CITY OF IOWA CITY �n.�'��� COUNCIL ACTION REPORT August 21, 2018 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Snyder and Associates to provide engineering consultant services for the Willow Creek Park Improvements Project. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Juli Seydell Johnson - Parks and Recreation Director Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $73,000, available in the Willow Creek/Kiwanis Park Improvements account #R4322 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: This agenda item approves the consultant agreement with Snyder & Associates of Iowa City, Iowa, for the design of the Willow Creek Park Improvements Project. This project generally includes the following: • Replacement of existing shelter, restroom, and playground. • Additional improvements will be made to utility services, path/trail system to amenities, and site accessory amenities (i.e. landscaping, drinking fountain, bike repair stations, dog litter station, litter and recycling receptacles, donor recognition and benches) Background /Analysis: Willow Creek Park is a 27.2 -acre park located at 1117 Teg Drive. Park amenities include a playground, which was constructed in 1997, and a shelter and restroom that pre -date the playground. Accessibility and maintenance have been noted as deficient by the 2017 Park Master Plan. The City wishes to replace the current restrooms, shelter and play area. The new shelter and restroom building will meet the design standards of the 2017 Iowa City Park Master Plan. The play area is envisioned with a focus on inclusive and accessible play for a wide range of residents. At least part of the playground surface shall be poured in place rubber or rubber matting. This project will include preliminary and schematic design, which will entail public meetings such as neighborhood and park commission meetings, site review and survey, and an initial project estimate. Once a preliminary estimate is established, the work will include design development, bid documents and construction management for the replacement of the picnic shelter, restroom, and playground area. Staff has negotiated a not -to -exceed design fee of $73,000. ATTACHMENTS: Description Kesoiution Agreement Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 3565044 Resolution No. 18-235 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Snyder and Associates to provide engineering consultant services for the Willow Creek Park Improvements Project. Whereas, the City of Iowa City wishes to implement improvements to Willow Creek Park, including an all-inclusive/universally accessible play area for a diversity of abilities and development levels; and Whereas, the project improvements will include replacement of existing shelter and restroom, utility services, path/trail system to amenities and site accessory amenities (i.e. landscaping, drinking fountain, bike repair stations, dog litter station, litter and recycling receptacles, donor recognition and benches); and Whereas, the City of Iowa City desires the services of a consulting firm to prepare preliminary and final design for construction of the Willow Creek Park Improvements Project; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Snyder & Associates of Iowa City, Iowa, to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Snyder & Associates; and Whereas, funds for this project are available in the Willow Creek/Kiwanis Park Improvements account # R4322. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Passed and approved this 21st day of August 2018 Ma r Attest City Clerk U\ Approved by G v City Attorney's Office Resolution No. 18-235 Page 2 It was moved by trims adopted, and upon roll call there were: and seconded by Cole the Resolution be Ayes: Nays: Absent: x Vacant - Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton Consultant Agreement This Agreement, made and entered into this 21st day of August. 2018 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Snyder & Associates. Inc., of 320 E Prentiss Street Iowa City. Iowa 52240, hereinafter referred to as the Consultant. Whereas, The City of Iowa City wishes to implement improvements to Willow Creek Park, including an all-inclusive/universally accessible play area for a diversity of abilities and development levels. Improvements should also include replacement of existing shelter and restroom, utility services, path/trail system to amenities and site accessory amenities (i.e. landscaping, drinking fountain, bike repair stations, dog litter station, litter and recycling receptacles, donor recognition and benches); and Whereas the City desires to secure professional services for site survey, preliminary and final design services, construction documents, bidding assistance and construction assistance for the park improvements; and Now Therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Preliminary Design Services and Site Survey Kick-off Meeting: Attend a kick-off meeting with City staff. Items to be discussed include park design objectives and goals; as well as, review the 2017 Iowa City Park Master Plan guidelines. Review the project schedule and identify critical meeting dates to allow for proper input, reviews and approvals. Meeting minutes will be prepared for each project meeting to ensure clear communication throughout the project. 2. Site Analysis: Prepare a park base map utilizing available aerial mapping and site inventory information. 3. Site Survey: Prepare site survey of existing site conditions within paths surrounding current playground and shelter area. 4. Neighborhood Meeting: Conduct a neighborhood meeting to receive feedback on desired play area improvements. This meeting shall address potential layout options and play area features. 5. Coordinate with City Staff during the design process for input and direction. 6. Preliminary Design/Master Plan: Based on City staff and neighborhood feedback prepare a final park master plan and prepare preliminary opinion of construction costs. Coordinate with City Staff during the design process for input and direction. -2- 7. Staff and Parks Commission Review: Present park design and preliminary opinion of construction costs to City Staff and Parks Commission for input and approval. 8. 30% Design Documents: Based upon the park Master Plan and cost opinion, Snyder & Associates will develop 30% preliminary design documents. Coordinate with City Staff during the design process for input and direction. This phase of design will establish specific design details, (i.e. size and materials for playground equipment, shelter, restrooms and site amenities). We will begin coordination of playground features with approved playground manufacturer. The plans shall include a demolition plan, site layout plan, grading plan, utility plan and planting plan. An updated cost opinion will be completed to verify the project is within budget. 9. 60%-90% Design and Construction Documents: for playground, trail and associated improvements. The plans shall include a demolition plan, site layout and dimension plan, grading and erosion control plan, utility plan, structural plan for footings, planting plan and site details. Plans and site specifications shall be prepared in accordance with regulatory requirements and the 2017 Iowa City Park Master Plan. 10. Meetings: submittal for reviews and approvals are included as well as regular meetings throughout the project design. B. Final Design Services 1. Prepare final design of the park improvements, including open shelter and restroom with decorative additions to the structures, and playground. 2. Prepare final construction plans, which include at a minimum: title sheet, demolition plan, dimension plan, grading plan, utility plan, storm water pollution prevention plan and construction details, and other items/details as needed for a complete design as determined by the City and within the project limits, scope, and intent of the project. 3. Prepare a project manual, which shall include bid documents, bonds and technical specifications. 4. Prepare a final cost opinion for the project. 5. Conduct two meetings with the Owner during this phase of design to review progress and receive input and direction. 6. Submit final construction documents to the City of Iowa City. Address 90% & 100% review comments and resubmit. 7. Attend City of Iowa City meetings for approvals. 8. All regulatory requirements of the Iowa City Building and Fire Codes, Workplace, Health and Safety, the State, OSHA and Controlled Product Standards and any other applicable codes/bylaws must be met. -3- C. Bidding Assistance 1. Provide assistance with bidder inquiries as necessary. Prepare clarifications, addenda, meeting minutes and agendas as needed. 2. Assist in the review of the bids and prepare a recommendation of award. 3. Conduct a Pre-bid meeting with the contractors and respond to questions from contractors as they review the documents and prepare their bids. Questions from the contractors about the project after the site visit will be handled in writing by the Consultant as part of an addendum with the City. 4. Prepare and issue addenda, if necessary. D. Construction Administration Services 1. Pre -construction Coordination: coordinate a pre -construction meeting and review necessary building permits and inspection requirements. 2. Review contractor shop drawing submittals. 3. Construction Staking: Provide construction staking for project. 4. Costs and schedule control are to be maintained and managed by the Consultant throughout the process; any deviations from approved cost and schedule must be immediately addressed. The Consultant will track all project costs, including soft costs, and other project charges as provided by the City, to ensure that overall budget guidelines are followed. 5. Assist with construction management for the project, including assist with clarifications and other services needed to address issues that arise during construction, this includes, but is not limited to, respond to RFls, issue ITCs, review CARs and Cos, review warranties and operation and maintenance manuals. 6. The Consultant, as a representative of the City, shall visit the site a minimum of every 10 days or at intervals appropriate to the stage of the Contractor's operations, (1) to become generally familiar with and to keep the City informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the City against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Consultant shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Consultant shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. -4- 7. Upon completion of construction, Consultant shall prepare a punch list and final closing documents, including record drawings and warranty review. Record drawings shall be submitted in electronic format as follows: i. One full size hard copy plan set • 24" x 36" (Architectural D) ii. One Autodesk AutoCAD or Civil 3D drawing file plan set, version 2017 or later. • Each Plan set should be ready to print. • Submittals shall include the "plot style' (Pen assignments) file aka the .ctb file, in order for pints of the drawing to have the intended appearance. • Preferred layer format to be consistent with National CAD Standards. All submittals shall include an explanation of the Consultant's CAD layer scheme. • All drawing files shall have the correct layer scheme in place. • External reference drawings shall be bound or inserted into the final drawing(s) • Submittals shall include all files used in the plan set; these may include, but not be limited to, linked attachments such as Tiffs, or spreadsheets. • File names are to be consistent with plan index sheet names, as listed on title sheet, for easy identification. 8. Project Acceptance: coordinate and attend a final walk-through, prepare punch -list requirements and recommendation of project acceptance. 9. As-Builts: Prepare as-builts and provide to the City in CAD format. II. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Kickoff Meeting August 2018 Preliminary Design & Site Survey Services September 4 — October 31, 2018 Final Design Services November 1, 2018 — December 14, 2018 Bidding Assistance January2019 Construction Administration Services February 1 — August 15, 2019 III. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. -5- 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. IV. -6- M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. Compensation for Services A. The services will be performed on an hourly basis as set forth on Exhibit A entitled "Standard Fee Schedule", which is attached and incorporated herein. The services will be performed for a not -to -exceed fee of $73,500, including reimbursable expenses, which will be provided in the following task breakdown: Site Survey $12,000 Preliminary Design $19,000 Final Design Services $28,000 Bidding Assistance $2,000 Construction Administration Services $12,000 Reimbursable Expenses $500 V. Miscellaneous B. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. C. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. D. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. -7 - For the City Title: Mayor Date: 08/21/2018 Attest For the Consultant Title: BuSlW-55 UNIT L6 p!E�, Date: .A G� .S"z fS ?,O(b Approved . City Attorney's Office Date ATTACHMENT A SNYDER & ASSOCIATES, INC. 2018-19 STANDARD FEE SCHEDULE Billing Classification/Level Billing Rate Professional Engineer, Landscape Architect, Land Surveyor, Legal, GIS, Environmental Scientist Project Manager, Planner, Right -of -Way Agent, Graphic Designer Principal 11 $202.00 /hour Principal $191.00 /hour Senior $171.00 /hour VM $158.00 17hour VII $150.00 /hour vt $144.00 !hour V $134.00 /hour IV $124.00 /hour Lit $113.00 /hour D $103.00 /hour i Technical $90.00 /hour Technicians—CADD, Survey, Construction Observation Lead $121.00 /hour Senior $116.00 /hour VIII $108.00 /hour Vit $100.00 /hour VI $89.00 /hour V $80.00 /hour IV $74.00 !hour Tn $62.00 /hour II $54.00 /hour t1 $47.00 /hour Administrative II $62.00 /hour i $50.00 /hour Reimbursables Mileage I current IRS standard rate Item Number: 6.h. I r I, CITY OF IOWA CITY �n.�'��� COUNCIL ACTION REPORT August 21, 2018 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Hitchcock Design Group to provide engineering consultant services for the Lower City Park Adventure Play Project. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Juli Seydell Johnson - Parks and Recreation Director Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $85,700, available in the Lower City Park Adventure Playground account #R4356 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: This agenda item approves the consultant agreement with Hitchcock Design Group of Naperville, I Ilinois, for the design of the Lower City Park Adventure Play Project. The adventure play area and associated improvements include the following: play environment (equipment, features, surfacing), ancillary gathering spaces and signature features, pedestrian circulation, minor lighting, site furnishings, grading and landscape improvements, and other park improvements identified during process. Background /Analysis: City Park Carnival Rides will no longer operate after the 2018 summer season. A new adventure and inclusive play area developed in Lower City Park (200 East Park Road) is intended to provide a community -wide draw to City Park. Once constructed, the play area is to be open to the public without a requirement of additional fee or staff on-site to supervise or operate. This project will include preliminary design and schematic design, which will entail neighborhood and park commission meetings, site review and survey, and an initial project estimate. Once a preliminary estimate is established, the work will include design development, bid documents and construction management for the playground area Staff has negotiated a not -to -exceed design fee of $85,700. ATTACHMENTS: Description Resolution Agreement Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5044 Resolution No. 18-236 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Hitchcock Design Group to provide engineering consultant services for the Lower City Park Adventure Play Project. Whereas, the City of Iowa City wishes to implement improvements to Lower City Park, including an all-inclusive/universally accessible adventure play area; and Whereas, the project improvements will include play environment (equipment, features, surfacing), ancillary gathering spaces and signature features, pedestrian circulation, minor lighting, site furnishings, grading and landscape improvements, and other park improvements identified during process; and Whereas, the City of Iowa City desires the services of a consulting firm to prepare preliminary and final design for construction of the Lower City Park Adventure Play Project; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Hitchcock Design Group of Naperville, Illinois, to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Hitchcock Design Group; and Whereas, funds for this project are available in the Lower City Park Adventure Playground account# R4356. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Passed and approved this 21st day of August 2018 M a4for Approved by Attest:' City Clerk City Attorney's Office Resolution No. 18-236 Page 2 It was moved by Mims and seconded by Cole adopted, and upon roll call there were: Ayes: Nays: Absent: the Resolution be X Vacant - Botchway x Cole M Mims % Salih % Taylor x Thomas % Throgmorton Consultant Agreement This Agreement made and entered into this 21st day of August , 2018 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Hitchcock Design Group, of Naperville, Illinois, hereinafter referred to as the Consultant or HDG. Whereas, the City of Iowa City wishes to install an adventure play area in Lower City Park; Whereas, the City of Iowa City requested proposals on June 6, 2018 for landscape architect and engineering services for the Lower City Park Adventure Play Project; and Whereas, Hitchcock Design Group subsequently responded on June 27, 2018. Whereas, the project consists of design and engineering for the Lower City Park Adventure Play project as defined in the Lower City Park Master Plan (2017). Whereas, the project program will evolve as the process unfolds but the current proposed elements include; play environment (equipment, features, surfacing), ancillary gathering spaces and signature features, pedestrian circulation, minor lighting, site furnishings, grading and landscape improvements, and other park improvements identified during process. The project budget is currently set at $650,000. Now Therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Preliminary Design and Engineering The following tasks are to be performed for Preliminary Design and Engineering: A. Program and Analysis Phase 1. [Meeting #1: Staff] Conduct a Kick-off and Programming Workshop with client representatives and the other project team members confirming: a. Team members and roles b. Project area c. Previous master planning process d. Previous public input e. Available site data f. Lower City Park's position within the City's overall recreation offerings g. Public input protocol h. Communications and decision-making protocol i. City permitting j. Confirm budgeted costs k. Confirm schedule 2. Collect and Review Data for the project area and the immediate surroundings including: -2- a. Previous public meeting minutes b. Complete Lower City Park Master Plan document c. Aerial photography d. Local ordinances 3. Photograph the Project Area and immediate surroundings and identify the physical conditions and patterns of use 4. Provide a Geotechnical Investigation Report. a. Perform (8) 10' depth soil borings b. Provide Geotechnical Summary/Recommendation Report 5. Perform a Topographic Survey for the immediate project area 6. Prepare Base Maps using the inventoried data and survey. 7. Prepare a Written Project Program that includes: a. Administrative considerations (approvals, process) b. Planning criteria (elements that will make this project a success) c. Project design program d. Jurisdictional factors e. Budget and schedule information f. Running list of project discussions, decisions, issues, and action items 8. Review the Program and Analysis by forwarding the written Project Program and discussing with client representatives and other project team members Deliverables: Base Maps, Written Project Program B. Conceptual Schematic Design Phase 1. Prepare a minimum of three Conceptual Design Alternatives illustrating the site geometry and the scale, type, and organization of the project elements including, but not limited to: a. Play environment (equipment, features, surfacing) b. Ancillary gathering spaces and signature features c. Circulation d. Lighting e. Site furnishings f. Grading and landscape improvements g. Other park improvements identified during process 2. Prepare Preliminary Engineering Recommendations including: a. Drainage b. Electrical 3. Prepare the Conceptual Design Documents for each Alternative including: a. Color plan view and sketch drawings b. Representative photographs from other projects c. Construction cost opinion 4. [Meeting #2: Staff] Review the Conceptual Design alternatives with the City; prepare and submit written summary r -3- 5. Update the Conceptual Design Documents for each Alternative, incorporate Staff comments 6. [Meeting #3: Public] Prepare for and Conduct a Community Input Meeting in a facility designated by the City, gather input from attendees regarding their reactions to the Conceptual Design Alternatives; prepare and submit summary meeting notes. 7. Based on public input and City Staff direction, prepare one Conceptual Design illustrating the site geometry and the scale, type, and organization of the project elements and Conceptual Design Documents to support the design 8. [Meeting #4: Staff] Review the Conceptual Design with the City; prepare written summary 9. [Meeting #5: Public] Prepare for and Conduct a Community Input Meeting in a facility designated by the City, gather input from attendees regarding their reactions to the Conceptual Design Alternatives; prepare summary; provide PDF's to the City to upload onto the City's website. Deliverables: Conceptual Design Documents (iterations), Meeting Summaries Final Design and Engineering The following tasks will be performed for Final Design and Engineering: A. Design Development Phase 1. Finalize the Design including size, horizontal and vertical geometry, structure, materials and finish, as appropriate, for the proposed improvements including, but not limited to: a. Play environment (equipment, features, surfacing) b. Ancillary gathering spaces and signature features c. Circulation d. Lighting e. Site furnishings f. Grading and landscape improvements g. Other park improvements identified during process 2. Refine the Preliminary Engineering recommendations including: a. Drainage b. Electrical c. Structural (if determined necessary by the City) 3. Prepare the Design Development Documents including: a. Existing conditions information b. Plan view drawings c. Descriptive supplemental drawings d. Outline specifications e. Product data f. Construction Cost opinions 4. [Meetings #6 & #7: Staff] Review the Design Development Documents with the City at the 30% and 60% completion milestones; prepare written summaries of discussions and update the Project Program following each meeting B. Construction Documentation Phase -4 - Finalize the Graphic Documentation that will be used to bid and construct the improvements including: a. Digital construction drawings (sealed by a Professional Landscape Architect unless otherwise noted) i. Cover sheet, cover notes, and legend ii. Existing conditions plans iii. Site preparation plans iv. Grading and drainage plans (sealed by a Professional Engineer) v. Electrical and lighting Plans (sealed by a Professional Engineer) vi. Layout and materials plans vii. Landscape plans viii. Site construction details 2. Finalize the Written Documentation that will be used to permit, bid, and construct the improvements including: i. Permit applications (City only) ii. General and Supplementary Conditions iii. Technical specifications 3. Prepare a summary of estimated quantities and Update the Construction Cost Opinion 4. [Meetings #8: Staff] Review the Construction Documents with the City at the 90% completion milestones; prepare written summaries of discussions and plan updates between meetings 5. Perform internal Quality Management Review of the Construction Documents 6. Provide the City with digital / print Construction Documents and application for Permit Review; provide one set of revisions and resubmit for permit concurrence Deliverables: Construction Drawings, Construction Specifications, Construction Cost Opinion, Bid Documents Bidding And Negotiation The following tasks will be performed for Bidding and Negotiation: A. Bidding and Negotiation Phase 1. Provide the City with Signed and Sealed Bid Documents, including construction plans and project specifications 2. [Meeting #9: Staff / Prospective Bidders] Conduct a Pre -Bid Meeting for interested bidders 3. Answer Questions and Issue Written Addenda, when appropriate, to all bidders regarding changes to or clarifications of the Contract Documents 4. Prepare a Bid Tabulation spreadsheet 5. Perform Reference Checks for the apparent low bidder's references 6. Issue a Bid Results Summary Letter I -5- Deliverables: Bidding Documents, Legal Notice, Addenda, Bid Tabulation, Results Summary Letter, Meeting Summary Construction Phase Services The following tasks will be performed for Construction Phase Services: A. Construction Administration 1. Prepare and distribute digital construction documents, including the incorporation of addenda and / or alternate bid items 2. [Construction Meeting #1: Staff / Contractor] Conduct a Pre -Construction Meeting with the City and the Contractor to review: a. Contractor mobilization and staging b. Contractor schedules c. Contractor submittals d. Responsibilities e. Communications f. Payment procedures 3. Issue Interpretations or Clarifications of the Contract Documents when requested by the City or the Contractor 4. Prepare recommendations for construction Change Orders, as requested by: a. The City, because of a change that the City may wish to make to the scope of the Contractor's work b. The Contractor, because of the discovery of job site conditions that were concealed or unknown when the Owner / Contractor Agreement was executed, as approved by the City 5. Review Submittals and Shop Drawings, product data, and material samples, which the Contractor is required to submit for the limited purpose of determining their general conformance with the design concept and information contained in the Contract Documents 6. Prepare written Payment Recommendations upon review of Contractor's monthly payout applications Deliverables: Clarifications, Change Orders, Submittal Review Documents, Payment Recommendation Documents B. Construction Observation 1. [Construction Meetings #2 - #13: Staff/ Contractor] Assuming a three month primary construction period, participate in Site Meetings approximately every week for the most active 12 weeks of the project (12 total progress meetings anticipated) with the City and the contractor to become familiarized with the progress and quality of the Contractor's work and to determine if the work is proceeding in general conformance with the Contract Documents 2. Prepare Field Reports of the progress meetings at the site with the City and the Contractor Deliverables: Field Reports r C. Contract Close-out 1. [Construction Meeting #14: Staff / Contractor] Participate in one site visit to conduct a walk through and prepare a Punch List upon substantial completion of the construction of the work documented by us 2. Review Contract Close-out Submittals required as provided by the Contractor, such as but not limited to: a. Operating and maintenance manuals b. As -built record drawings c. Labor and material lien waivers d. Payment applications and warrantee information 3. [Construction Meeting #15: Staff / Contractor] Participate in one site visit to conduct a walk-through to verify completion of punch list items and Establish Final Acceptance 4. Coordinate the contractor's preparation of As -Built Documents of the completed work in AutoCAD / Civil 3D (drawings) and Microsoft Word (specification) 5. Prepare Final Payment Recommendations regarding the Contractor's request for acceptance of substantially and finally completed work 6. Conduct a Warrantee Review 11 months after substantial completion and submit documentation of required corrective work to the City and the Contractor Deliverables: Punch List, Closeout Submittal Review, Final Payment Recommendation GENERAL PROJECT ADMINISTRATION Consultant will manage the performance of its own work throughout the term of the contract by including the following services: A. Communications 1. Schedule, create agendas and summarize the highlights of periodic meetings 2. Rehearse, attend, and present at public forums identified 3. Collect and disseminate communications from other parties 4. Periodically inform the City about its progress B. Schedules 1. Create, periodically update, and distribute the project schedule 2. Coordinate the activities of its staff and consultants C. Staffing 1. Select and assign staff members and consultants to appropriate tasks and services 2. Prepare and administer consultant agreements D. File Maintenance 1. Establish and maintain appropriate correspondence, financial, drawing, and data files 2. Obtain appropriate insurance certificates from consultants 3. Maintain appropriate time and expense records It. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Project Phase: Estimated Estimated Dates: Duration: Preliminary Design and Engineering: 8 weeks August — September 2018 Program and Analysis Phase, Conceptual Design Phase: 2018 Final Design and Engineering: 8-12 weeks October — December 2018 Design Development Phase, Construction Documentation Phase: Bidding Phase Services: 4 weeks January 2019 Bidding and Negotiation Phase: Construction Phase Services: 16-20 weeks March 15, 2019 — May 27, 2019 Construction Administration, Construction Observation, Closeout Phase: III. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. r r -9- Compensation for Services Preliminary Design and Engineering: Program and Analysis Phase, Conceptual Design Phase: Fixed Fee $24,000 Final Design and Engineering: Design Development Phase, Construction Documentation Phase: Fixed Fee $37,000 Bidding and Negotiation: Bidding and Negotiation Phase: Fixed Fee $4,000 Construction Phase Services: Construction Administration, Construction Observation, Contract Close -Out: Fixed Fee $17,000 Fixed Fee Subtotal not to exceed: $82,000 In addition to the fees for the Authorized Scope of Services and Authorized Additional Services, Client agrees to compensate HDG for delivery, travel, and reproduction expenses at 115% of HDG's actual cost. Mileage is calculated at the current IRS reimbursable rate. Reimbursable Expenses: Draft printing (materials for staff and community meetings) Fixed Fee $500 Travel (up to 19 -meetings in Iowa City) Hourly Fee $3,200 Reimbursable Expense Subtotal not -to -exceed: $3,700 The services will be performed on a fixed fee and hourly basis, not to exceed $85,700, including reimbursable expenses. V. Miscellaneous A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. r -10- r For the City For the C Atm_ By: Title: mayor Title: Bill Inman, Senior Vice President Date: 08/21/2018 Date: August 3, 2018 Approved by: a lel G( City Atter orne 's ffice Date HITCHCOCK DESIGN GROUP crealingbetierplaces C" Standard Billing Rates and Expenses Effective April 28, 2018 Billing Rates Senior Principal $255 Principal $185 Senior Associate $145 Associate $120 Junior Associate $100 Expenses In addition to our standard hourly rates, we invoice qualified sub -consultant fees, travel and reproduction expenses at 115% of our cost. We will invoice mileage in personal or company-owned cars at 115% of the current IRS reimbursement rate. Item Number: 6.i. I r I, CITY OF IOWA CITY �n- COUNCIL ACTION REPORT August 21, 2018 Resolution changing the name of Tumbleweed Terrace located in Country Club Estates, Third Addition, and in West Side Estates, Phase One, to Luke Drive. Prepared By: Josh Slattery, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: No Impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The developer has requested to change the name of Tumbleweed Terrace to Luke Drive and staff has no objections to this request. Background /Analysis: One of the east/west streets included on the final plat of Country Club Estates, Third Addition, and the final plat of West Side Estates, Phase One, is Tumbleweed Terrace. Said street has been identified as Tumbleweed Terrace on city maps, telephone books, and the City Directory. There is one street sign identified as Tumbleweed Terrace that would need to be removed and replaced. No addresses would need to be changed since there have not been any addresses assigned for Tumbleweed Terrace. ATTACHMENTS: Description Resolution Prepared by: Josh Slattery, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 3565419 Resolution No. 18-237 Resolution changing the name of Tumbleweed Terrace located in Country Club Estates, Third Addition, and in West Side Estates, Phase One, to Luke Drive Whereas, on August 18, 2009, the City Council approved the final plat of Country Club Estates, Third Addition, (Resolution No. 09-283); and Whereas, one of the east/west streets included on the final plat of Country Club Estates, Third Addition, is Tumbleweed Terrace; and Whereas, on January 16, 2018, the City Council approved the final plat of West Side Estates, Phase One (Resolution No. 18-20); and Whereas, one of the east/west streets included on the final plat of West Side Estates, Phase One, is Tumbleweed Terrace; and Whereas, said street has been identified as Tumbleweed Terrace on city street signs, maps, telephone books, and the City Directory; and Whereas, the developer has requested to change the name of Tumbleweed Terrace located in the above-mentioned subdivisions to Luke Drive and staff has no objections to this request. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The name of Tumbleweed Terrace located in Country Club Estates, Third Addition, and in West Side Estates, Phase One, is hereby changed to Luke Drive. 2. As required by Iowa Code §354.26 (2016), the City Clerk is directed to certify a copy of this Resolution and file this Resolution with the Johnson County Recorder, the Johnson County Auditor, and the City Assessor. Passed and approved this 21st day of _ August 2018 Attes4City LeClerk 4./Z M or oved by City Attorney's Office M Resolution No. 18-237 Page 2 It was moved by Mims and seconded by Cole the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Vacant - Botchway seat x Cole x Mims x Salih x Taylor x Thomas x Throgmorton Item Number: 6.j. I r I, CITY OF IOWA CITY �n.�'��� COUNCIL ACTION REPORT August 21, 2018 Resolution approving Lease Agreement between the City and Apex Development Group, L.L.C. for storage space. Prepared By: Eric R. Goers, Asst. City Attorney Reviewed By: John Grier, Fire Chief Jody Matherly, Police Chief Fiscal Impact: The cost for the proposed two-year lease is $30,740 for FY19 and $31,200 for FY20. Utilities are estimated to be $100 per month per unit. Funds have been appropriated to FY19 (449090 -Land and Building Rent) to cover year one of the lease. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Lease Agreement Executive Summary: The City is in continuing need for space to store fire department and police department equipment, supplies, training props and vehicles. The property, commercial warehouse space, provides a climate controlled and secure storage facility for both departments. The original lease expired November 30, 2017 and the City has been renting the space on a month-to-month basis. This lease renewal will formalize the agreement for 2 years with a City option for a 31d year. Background /Analysis: The loss of storage facilities for fire department and police department equipment, supplies, training materials and vehicles prompted the City to secure adequate warehouse space. Council approved a two year lease with a third year option in 2014. A climate controlled and secure warehouse facility is needed until the renovation of the fire and police storage building as part of the public works campus project. ATTACHMENTS: Description Resolution Lease Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution number 18-238 Resolution approving Lease Agreement between the City and Apex Development Group, L.L.C. for storage space. Whereas, the decommission and revitalization of the north wastewater treatment facility necessitated the demolition of the fire department training facility and police department storage buildings; and Whereas, the need continues to exist for a climate controlled and secure facility for storage of equipment, training props, supplies and vehicles; and Whereas, the Fire Department, with assistance from the City Attorney's Office, has negotiated a renewal Lease Agreement for a term of two (2) years, with a City option for a 3td year; and Whereas, it is in the public interest to enter into said lease for the commercial space as provided therein. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Lease Agreement, attached hereto and made a part hereof, is approved as to form and content. 2. The Mayor and the City Clerk are authorized and directed to respectively execute and attest the Lease Agreement attached hereto. 3. The City Manager is hereby authorized to manage the Lease Agreement, with the assistance of the Fire Chief, Police Chief, and City Attorney, including the ability to exercise the renewal option. Resolution No. ]S -9 -Ig Page 2 Passed and approved this 21shay of August 2018. lig. Mayor Attest: L City Clerk Appr d by City Attorney's Office It was moved by Mims and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Vacant - Botchway seat % Cole x Mims x Salih % Taylor % Thomas x Throgmorton LEASE AGREEMENT This lease agreement, made, executed and entered into on -August 22. 2018 by and between Aoex Development Croup LLC, PO Box 2297, Iowa City, Iowa 52244, (Hereinafter referred to as'Lessoe'), First Party, and City of Iowa City (Hereinafter referred to as "Lessee', Second Party. WITNESSETH In consideration of the promises, covenants and agreements of the parties contained herein, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the premises, property and facilities hereinafter described upon the terms and conditions hereinafter set forth. I . Leased Premises: The real estate which is the subject mailer of this lease is situated in Johnson County, Iowa, and is more particularly described on Exhibit "A" attached hereto and by reference made pan hereof ('Premises") Units 1 I and 12 located at 3305 Hwy 1 SW, Iowa City, Iowa 2. Term: The term of this lease shall be for a period of two (2) year(s) commencing on December 12017 and terminaling on November 30 2019 with the first year's lease amount being 1,254 dollars per month (56.27 per sf) for each unit and the second year being 1,300 dollars per month ($6.50per sD for each unit. Rental: Lessee shall pay to Lessor as rent for the Premises during the term of this lease a rental payment Of S245U8.00 n month for year 1 and a rental payment of 52,600.00 a month for year 2, for rental payment on the 4,800 SF shell space, which monthly rental shall be payable in advance to the above address of Lessor. The first month's rent will be payable upon the beginning date of the lease as stated in this agreement. Lessee will be responsible for payment of utility usage including propane and electricity while occupying the space. Lessor will pay any and all condo fees, Insurance costs, and water charges. Rent is payable to Apex Commercial Park Association, PO Box 2297, Iowa City, Iowa 52244. (See paragraph 32 for terms of renewal) 4. Net Rental: It is the intention of the parties hereto that the rents payable to Lessor shall be a net rental and Lessee shall pay only those costs and expenses listed in Section 10 of this lease agreement arising from the Lessee's use of the leased premises. Lessor shall pay for real estate taxes and property and casualty insurance as hereinafter more particularly set forth and for the maintenance of the structural components of the Premises as more particularly described in Section 11. In no event, however, shall Lessee be required to pay any income or other tax based upon the receipt of the rentals by Lessor. 5. Taxes: Lessor shall have the responsibility of paying all real estate taxes levied against the leased premises and the improvements thereon. 6. Property Insurance: Lessor shall, at its expense, keep all buildings and improvements affixed to the subject premises and all furnishings and fixtures located therein or thereon or attached to said premises and all appurtenances thereto (except all furnishings, fixtures, improvements and any property placed in or installed upon said premises by Lessee) constantly insured against loss or damage by fire, windstorm, lightning, tomado and other hazards. Such insurance shall be issued by and carried with responsible insurers duly authorized to do business in the State of Iowa In the event the occupancy and usage thereof by Lessee increases the property insurance premium paid by Lessor, Lessee shall pay the additional premium amount the term of the lease. 7. Liability Insurance: Lessor and Lessee shall, at their own expense, maintain comprehensive general liability insurance, with such limits as may be reasonably required by Lessor from time to time, but not less than Five Hundred Thousand Dollars ($500,000.00) for personal injury and/or property damage sustained by any one (1) occurrence and One Million Dollars ($1,000,000.00) for personal injury and/or property damage sustained in any one (1) year in aggregate. 8. General Insurance Provision: The insurance required to be maintained by Lessee under the terms of this lease shall be in such company and in such form as shall be reasonably acceptable to Lessor. Such policy shall contain an agreement by the insurance company that the policy shall not be canceled without at least ten (10) days prior written notice to Lessor. Lessee shall deliver to Lessor a copy of their insurance policy in force and an appropriate certificate of insurance and shall furnish Lessor with proof that such policy has been renewed at least ten (10) days prior to its expiration date. 9. Use of Premises: Lessee shall use and occupy the subject premises, property and facilities for only the Purpose of storeee of eouinmcm and it2m§ related to the business of the Lessee and related activities; and shall not use or knowingly permit any pan of said premises, property or facilities to be used and occupied for any unlawful purpose. 10. Utilities and Services: The responsible party is indicated by the fallowing list: Water Lessor Alums System Lessee Electricity Lessee Garbage Service Lessee Heating Lessee Janitorial Service Lessee Air Conditioning Lessee Telephone Service Lessee 11. Repairs; Lessee shall keep the interior of the leased premises in a safe condition and in a state of good and reasonable repair. Lessee shall not make any material alterations or improvements to the leased premises without first obtaining the written consent of Lessor. In making any repairs or material alterations to the leased premises, Lessee agrees to use materials and workmanship of a quality and class at least equal to the original construction, in addition, Lessor will consider the design of the alteration or improvement prior to giving written consent. Lessor shall keep in good condition and repair, and is responsible for all repairs or replacements relating to the structural components of the premises, including the exterior walls and roof of said premises. Lessee agrees that at the termination of the lease, the property herein leased shall be returned in a state of good and reasonable repair, clean, and all trash or debris removed. Some minimal wear and tear is expected. 12. Destruction or Damage to Premises: In the event of the destruction of or damage to the subject premises by fire or other casualty, Lessee is to give immediate written notice thereof to Lessor; and if such destruction or injury is not the result of the negligence of lessee, its agents, servants or employees, then the rent payable hereunder shall abate proportionately to the extent that the leased premises are thereby rendered un -tenantable until it has been restored to a tenantable condition by Lessor and such restoration shall be made in a prompt manner; provided, however, that if such damage or destruction is so great that said premises cannot be repaired to an acceptable condition or repaired within a reasonable time under the circumstances and it will be necessary to practically rebuild the building or buildings whereon, either party to this lease agreement without liability to the other party, shall have the right and option upon giving written notice to the other party, within thirty (30) days from the date of such destruction or damage, to terminate this lease agreement; and in the event of such termination, the amount of rent accruing up to said termination daze shall be determined, and any excess dial has been paid by Lessee shall become due and owing by Lessor to Lessee. 13. Mechanic's Liens: in the event any mechanic's lien shall arise or be claimed upon the subject premises against either Lessee or Lessor on account of material furnished or labor or work performed by either under the rights and obligations of either under this lease agreement, and a mechanic's lien be filed or an action be brought for the foreclosures of any such lien against either Lessee or Lessor, or both, then Lessee and Lessor agree that the responsible party shall either pay and cause such lien to be released or to post with the other an indemnification bond to secure and protect the other's interest in the subject premises, in an amount and with such sureties to be approved by the other, which approval shall not be unreasonably withheld. 14. Transfer of Leasehold Interest: Lessee shall not assign, transfer, mortgage or pledge this lease or sublet any part of the leased premises without the written consent of Lessor for each such instance. No written consent by Lessor to any such assignment, transfer, mortgage, pledge or subletting shall release Lessee from the liability for the full performance of all Lessee's agreements hereunder, unless otherwise expressly provided in such written consent. Lessee further agrees not to suffer or permit the transfer or assignment of this lease or any other part thereof or interest therein by operation of law. 15. Inspection of Premises: Lessor, their agents and employees, shall have the right to enter upon the premises at reasonable times for the purpose of inspecting the same. 16. Subordination: Lessee agrees that this lease agreement shall be subject and subordinate at all times to the lien of any existing mortgage or to mortgages which may hereafter be made a lien on the premises by Lessor. Lessee agrees to execute and deliver such further instruments subordinating this lease agreement to the lien of any such mortgagees as may be desired or required by the mortgagee; provided, however, that the mortgagee agrees to recognize the rights of Lessee under this lease until such time as Lessee is in default under the terms hereof. 17. Right to Cure Defaults; In the event Lessee shall fail to keep required insurance in full force and effect, or become in default in any other manner, which default is not cured within five (5) days of written notice from Lessor, Lessor may, but need not, pay such charges, insurance premiums or otherwise cure any existing default, and all sums paid or expenses incurred by Lessor shall be deemed additional rent and shall be added to the next subsequent monthly installments of rent due and payable under this lease. The provisions ofthis paragraph shall survive the termination of this lease agreement or any extensions thereof. 18. Reserved. 19. Reserved. 20. Eminent Domain: if all or any part of the leased premises shall be taken for any public or quasi -public use under any statute, or by right of eminent domain, or by private purchase in lieu thereof, Lessor and Lessee shall pursue their respective rights against the acquiring authority independently of each other but no such claim by Lessee shall diminish or otherwise adversely affect Lessor's award. Lessee shall have no right or claim to any portion of award for the taking of Lessor's right, title or interest in the leased premises norshall Lessor have any right of claim to any portion of Lessee's award for the taking of its property, its leasehold improvements or for the value of its leasehold interest taken. In the event of a partial taking, Lessee shall continue to utilize said premises for the operation of its business to the extent that it may be practicable to do so from the stand point of good business, and in such event rental shall abate from the time of such taking until the remainder of the premises has been restored, except to the extent the Lessee continues or resumes doing business from part of the premises, in which care the rent will be equitably reduced. 21. Termination Damages: Upon termination of this lease or any extension thereof, if Lessee is not then in default, Lessee may remove its personal furniture and/or property only and not any fixtures located upon and installed in the subject Premises at Lessee's expense. Lessee shall repair any damages to the subject premises occasioned by such removal and restore said Premises to the condition prior to tenancy, reasonable minimal wear and tear excepted. 22. Signs; Lessee shall not erect or place any signs or advertisement of any kind in or about the leased premises without the written consent of the Lessor, which consent shall not be unreasonably withheld, except for a sign on the walk-in doors. 23. Security Deposit: Under an earlier Lease Agreement, Lessee has already paid a deposit of S1.844.00 Dollars ($) to be held by Lessor as security for performance by Lessee of all the terms and conditions of this agreement during the terns of this lease or any extension thereof. Upon termination of this lease and upon full performance by Lessee of all its obligations hereunder, the deposit shall be returned within 15 days of the termination of the lease. 24. Representations: Lessor and their agents have not made any representations with respect to the subject Premises, property and facilities, the lead upon which the same are located, by implication or otherwise, except as expressly set forth in the provisions of this lease agreement. 25. Entire Agreement and Changes: This lease agreement in itself contains the entire agreement between Lessor and Lessee and can only be changed and modified in writing between them. 26. Law Applicable and Invalidity: This lease agreement shall he deemed to have been made in the State of Iowa end shall be construed according to the laws of said state. If any provisions of this lease agreement shall for any reason to be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions hereof,and said lease agreement shall be construed as if such invalid or unenforceable provision had never been contained herein. 27. Notices: Any notice required to be given under this lease agreement or which may be given, though not required, shall be in writing and shall be deemed duly served if mailed by certified mail, in case of notice to Lessee, to the address of the leased premises and in the case of notice to the Lessor, to the place at which the rent is then being paid. Either party may change the address to which said notices shall be sent by giving written notice of such change to the other. Personal service of any such notice may be made in lieu of services by mail, provided that such personal service is made upon the Fire Chief in the case of Lessee, or any officer or designated agent in the case of Lessor. 28. Quiet Enjoyment: Lessor covenants that it has full authority to execute this lease agreement, is the owner of said property described in Exhibit "A" and that Lessee upon paying the rentals herein provided and performing its obligations under this lease, shall quietly have, hold and enjoy the leased premises during the term hereof, subject to the provisions herein contained. 29. Waiver of Breach: It is further covenanted and agreed by and between the parties that no waiver of a breach of any of the covenants of this lease nor any payment by Lessor of any sums due and payable by Lessee nor the performance by Lessor of any act which is the duty and obligation of the Lessee under the terms of this lease, shall be construed to be a waiver of any succeeding breach of the same or any other covenant, and that the failure of Lessor to insist upon strict performance of any of the covenants or conditions or provisions of this lease or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver of or relinquishment for the future of any such covenants, conditions or options but the same shall remain in full force and effect. It is further covenanted and agreed that the acceptance of or collection of rent by Lessor from any subtenant, assignee or transferee of this lease or from any successor to Lessee's interest therein, even though with full notice thereof; shall not constitute a consent by Lessor or waive arty rights of Lessor arising out of any such unauthorized subletting, assignment or transfer. 30. General Provisions: Words and phrases herein, including acknowledgements hereof, if any, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to context. The paragraph headings of this lease agreement are for convenience only and shall not limit the terms of said lease agreement. 31. Successors in Interest: This lease agreement shall be binding upon the parties hereto, their successors and assigns. 32. Renewal Terms: Lessee shall have the option to renew this lease on a yearly basis. Starting at the beginning of the third year, Lessee will have the option to continue the lease on the terms agreed herein, providing appropriate notice is given to the Lessor. To exercise this option, Lessee must provide Lessor written notice of intent at least sixty (60) days prior to the end date of the second year stated in this lease. The lease terms during such renewal period shall be at a rate of $6.50 per sf equal to a monthly payment of $2,600.00 dollars. The condominium fees will remain the same. 33. Attached Fixtures: All fixtures incorporated into the leased area by the Lessee or the Lessor will remain attached as part of the property and will remain as part of the property in the event of termination of the lease. This will include lighting, plumbing and fixtures and equipment. However, Lessee will be allowed to remove the 3 garage door openers and cage apparatus they will be installing. 34. Items included in Space: Space number 11, 12 will include finished walls up to ceiling structure. Unit I I will have 2- IN 14 OH doors, 1.3x4 window and 2 — 3070 service doors with locks. Interior light fixtures with switching. 200 amp 3-phase electrical panel, Reamr gas heater, Floor drains at OH door. Restroom. Water service. Unit 12 will have 1- 12x14 OH door, 1-3x4 window, and 2- 3070 service doors with locks. Interior light fixtures with switching, 200 amp 3-phase electric panel, Reznor gas heater, Floor drains at OH door. Restroom. Water service. 35. Lease is subject to approval by City officials. In Witness Whereo�'the parties hereto have executed this agreement as of the date first set forth herein. Boles SII oxo and date below: — Steve Lessee City of Iowa City M or Attest•. Citylerk ApprovildBy� v4( City Attorney's Office CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Au,� s� On this day of L1 , 2018, before me, the undersigned, o notary public in and for the State of Iowa, personally appeared James A Throgmorton and Kellie Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowtllt—WA' �yrfl �sgent o be the voluntary act and deed of said corporation, by it and by�t r4 Number 806232 My Commssiv7 J Notary Public m and for the St, f Iowa Certificate of Acknowledgment—Corporation State of IOWA County of JOHNSON f+f On this — Z day of August 2018.personally appearing before me, the undersigned,(a Notary Public in and for said State and County), Steve Schmidt President, and/or Secretary of the Corporation which executed the above and foregoing instrument, who being by me duly sworn, each for himself, did say that they are respectively the President and/or Secretary of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) — (no seal has been procured by the said Corporation) and that said instrument was by them signed and sealed on behalf of the said Corporation by authority of its Board of Directors and all officers, and each of them acknowledged the execution of said instrument to be the voluntary am and deed of said Corporation, by it and each of them voluntarily executed. In Witness Whereof I hereunto signed by name and affixed my Notarial Seal the day and y last above written: r N j �OIIYIttt�011 NbWib r-194 Not Pu " r d or OHNSON ��fJ kEC County, State of IOWA Exhibit "A" Lessor hereby leases to Lessee and Lessee hereby rents from Lessor, the premises, property and facility located at 3305 Hwy 1, SW, Unit H 11, Unit 9 12 Iowa City, IA 52240. Lessee is renting 2 units, which is known as Unit 11 and 12 � .J LEASE This lease*cement, made, executed and entered into o August 22, 2018 by and between Apex Development GrouA LLC PO Box 2297, Iowa City, Iowa 44, (Hereinafter referred to as "Lessor"), FirstParty, and Cit Allows Ci (Hereinafter referred to as 5 Fi'Lessee"), Second Party. WITNESS H In consideration of the pro 'ses, covenants and agre is of the parties contained herein, Lessor hereby leases to Lessee and Lessee re leases from Lesso the premises, property and facilities hereinafter described upon the terms and nditions hereinafter et forth. 1. Leased Premises: The reale to which is he subject mailer of this lease is situated in Johnson County, Iowa and is more p 'cularly d cribed on Exhibit "A" attached hereto and by reference made part hereof (`Premises"). is 11 d 12 located at 3305 Hwy 1 SW, Iowa City, Iowa. 2. Term: The term of this lease shall be a period of two (2) year(s) commencing on December 1, 2017 and terminating November 30 2019 with the first year's lease amount being 1,254 dollars per month ($6.27 s for each unit and the second year being 1,300 dollars per month ($6.50 per sf) for each unit 3. Rental: Lessee shall pay to ssor as rent f the Premises during the term of this lease a rental payment of$2.508.00 a mo for year 1 and a tal payment of $2,600.00 a month for year 2, for rental payment on the 4,8 SF shell space, whic monthly rental shall be payable in advance at the above address of Lessor. a first month's rent wi be payable upon the beginning date of the lease as stated in this agreealen . Lessee will be respond le for payment of utility u ge including propane and electricity while occupying the space. sor will pay any and all con fees, insurance costs, and water charges. Rent is payable to A x Commercial Park Association, O Box 2297, Iowa City, Iowa 52244. (See paragraph 32 fo terms of renewal) 4. Net Rental: It is the tention of the parties hereto that the rent payable to Lessor shall be a net rental and Lessee shall p only those costs and expenses listed in Sec 'on 10 of this lease agreement arising from the Lessee' use of the leased premises. Lessor shall pay real estate taxes and property and casualty insuranas hereinafter more particularly set forth andf,Ncrtec�pt e maintenance of the structural components of a Premises as more particularly described in SeII. In no event, however, shall Lessee be requ' to pay any income or other tax based upon the of the rentals by Lessor. 5. Taxes: Less shall have the responsibility of paying all real estate tea levied against the leased premises anthe improvements thereon. \ 6. Propertysurance: Lessor shall, at its expense, keep all buildings and im rovements axed to the subject pkmises affixed and all furnishings and fixtures located therein or the n ora to said premises and all appurtenances thereto (except all furnishings, fixtures, ' rovements and any property placed in or installed upon said premises by Lessee) constantly in ured against loss or damage by fire, windstorm, lightning, tornado and other hazards. Such insuranhall be issued by and carried with responsible insurers duly authorized to do business in the State of hkwa. In the event the occupancy and usage thereof by Lessee increases the property insurance premium paid by Lessor, Lessee shall pay the additional premium amount the term of the lease. 7. Liabili\sustai nce: Lessor and Lessee shall, at their own expense, maintain comprehensive general liabilitce, with such limits as may be reasonably required by Lessor from time to time, but not lesive Hundred Thousand Dollars ($500,000.00) for personal injury and/or property damagd by any one (1) occurrence and One Million Dollars ($1,000,0 0.00) for personal injury and/or pro�erty damage sustained in any one (1) year in aggregate. 8. General Insurance PIVIVisic this lease shall be in ch Such policy shall conta canceled without at least to copy of their insurance pa Lessor with proof that such n: The insurance required to be maintained company and in such form as shall be rea nably acceptable to Lessor. mp that the policy shall not be ;ss . Lessee shall deliver to Lessor a iffeate of insurance and shall famish under the terms of an agreement by the insurance (10) days prior written notice to isin force and an appropriate c n01 v has been renewed at least t, 9. Use of Premises: Lessee shall useAnd occupy the the purpose of st( enXand items r activities; and shall not use or knowingpermit at used and occupied for any unlawful purpo e. (10) days prior to its expiration date. property and facilities for only cess of the Lessee and related of said premises, property or facilities to be 10. Utilities and Services: The responsible party i ' 'cated by the following list: Water Lessor Al System Lessee Electricity Lessee arb a Service Lessee Heating Lessee anito 1 Service Lessee Air Conditioning Lessee Telepho Service Lessee 11. Repairs: Lessee shall keep the interior the leased prem es in a safe condition and in a state of good and reasonable repair. Lessee shall n make any material Iterations or improvements to the leased premises without first obtaining th written consent of Le or. In making any repairs or material alterations to the leased premises, essee agrees to use mate is and workmanship of a quality and class at least equal to the origin construction, in addition, L sor will consider the design of the alteration or improvement prior o giving written consent. Lesso shall keep in good condition and repair, and is responsible for repairs or replacements relating to the structural components of the premises, including the exteri r walls and roof of said premises. Les a agrees that at the termination of the lease, the property h rein leased shall be returned in a state good and reasonable repair, clean, and all trash or debriremoved. Some minimal wear and tear is a ected. 12. Destruction or Damage o Premises: In the event of the destruction o r damage to the subject premises by fire or othe casualty, Lessee is to give immediate written notic thereof to Lessor; and if such destruction or i Iury is not the result of the negligence of Lessee, its agents, servants or employees, then the ent payable hereunder shall abate proportionately to th extent that the leased premises are thereb rendered un -tenantable until it has been restored to a to arable condition by Lessor and such r storation shall be made in a prompt manner; provided, h Wever, that if such damage or destm ion is so great that said premises cannot be repaired to an acce table condition or repaired within reasonable time under the circumstances and it will be necess ry to practically rebuild the buil ing or buildings whereon, either party to this lease agreement wit liability to the other party, s 11 have the right and option upon giving written notice to the other part within thirty (30) days fryin the date of such destruction or damage, to terminate this lease agreeme ; and in the event of uch termination, the amount of rent accruing up to said termination da shall be determined, and any excess that has been paid by Lessee shall become due and owing by essor to Lessee. 13. Mechanic's Liens: in the event any mechanic's lien shall arise or be claimed upon the subject premises against either Lessee or Lessor on account of material furnished or labor or work performed by either under the rights and obligations of either under this lease agreement, and mechanic's lien be filed o an action be brought for the foreclosures of any such lien against eit - r Lessee or Lessor, or both, th Lessee and Lessor agree that the responsible party shall either p and cause such lien to be released to post with the other an indemnification bond to secure and rotect the other's interest in the subject remises, in an amount and with such sureties to be a" roved by the other, which approval shall n t be unreasonably withheld. 14. Transfer of Lease h d Interest: Lessee shall not assign, transfe , mortgage or pledge this lease or sublet any part of the eased premises without the written co ent of Lessor for each such instance. No written consent by essor to any such assignment, transfer, mortgage, pledge or subletting shall release Lessee from the li ility for the full performance o all Lessee's agreements hereunder, unless otherwise expressly provide in such written consent. L see further agrees not to suffer or permit the transfer or assignment of this se or any other part t eof or interest therein by operation of law. 15. hispection of Premises: Lessor, th it agents ar3d mployees, shall have the right to enter upon the premises at reasonable times for the ose of'i specting the same. i 16. Subordination: Lessee agrees that this lea ! reement shall be subject and subordinate at all times to the lien of any existing mortgage or to mo ges which may hereafter be made a lien on the premises by Lessor. Lessee agrees to execute ani de 'ver such further instruments subordinating this lease agreement to the lien of any such in gagee as may be desired or required by the mortgagee; provided, however, that the mortgag„ agrees to cognize the rights of Lessee under this lease until such time as Lessee is in default un r the terms her f. 17. Right to Cure Defaults; In the ' ent Lessee shall fail keep required insurance in full force and effect, or become in default in y other manner, which fault is not cured within five (5) days of written notice from Lessor, ssor may, but need not, pa such charges, insurance premiums or otherwise cure any existing efault, and all sums paid or penses incurred by Lessor shall be deemed additional rent and. hall be added to the next subsequ t monthly installments of rent due and payable under this lea,e� The provisions of this paragraphs ll survive the termination of this lease agreement or any ex nsions thereof. 18. Reserved. 19. Reserved. 20. Eminent Domain: ' all or any part of the leased premises shall be taken for y public or quasi - public use under y statute, or by right of eminent domain, or by private purl se in lieu thereof, Lessor and Lesse shall pursue their respective rights against the acquiring authori " dependently of each other but n such claim by Lessee shall diminish or otherwise adversely affect essor's award. Lessee shall ha e no right or claim to any portion of award for the taking of Lessor' right, title or interest in the eased premises nor shall Lessor have any right of claim to any portion of Lessee's award for th taking of its property, its leasehold improvements or for the value of itleasehold interest take . In the event of a partial taking, Lessee shall continue to utilize said premis for the operation of its business to the extent that it may be practicable to do so from the stand point good business, Snd in such event rental shall abate from the time of such taking until the remainder Nf the premises has been restored, except to the extent the Lessee continues or resumes doing business 117 part of the premises, in which case the rent will be equitably reduced. 21. Termination Damages: Upon termination of this lease or any extension thereof, if Lessee is not then in default, Lessee may remove its personal furniture and/or property only and not any fixtures located upon and installed in the subject Premises at Lessee's expense. Lessee shall repair any damages to the subject premises occasioned by such removal and restore said Premises to the condition prior to tenancy, reasonable minimal wear and tear excepted. 22. Signs; Lessee shall not erect or place any signs or advertisement of any td in or about the leased premise without the written consent of the Lessor, which conse shall not be unreasonably withheld\except for a sign on the walk-in doors. 23. Security Del sit: Under an earlier Lease Agreement, Lessee has lready paid a deposit of $1,844.00 Dollars ($) to held by Lessor as security for performance by essee of all the terms and conditions of this agreeme\daof e terms of this lease /notade ion thereof. Upon termination of this lease and uponance by Lessee ofations hereunder, the deposit shall be returned within e termination of the 24. Representationsd their agents have y representations with respect to the subject Premisefacilities, the land the same are located, by implication or otherwise, exceply t forth in the pros lease agreement. 25. Entire Agreement and Changes:TINs lease Lessor and Lessee and can only be c ged 26. Law Applicable and Invalidity: This leas g of Iowa and shall be construed accordi g c agreement shall for any reason to be he inv, shall not affect any other provisions ereof; invalid or unenforceable provision h never 27. Notices: Any notice required to not required, shall be in writing of notice to Lessee, to the addre place at which the rent is then shall be sent by giving writte n may be made in lieu of se e: -went in itself contains the entire agreement between modified in writing between them. :ement shall he deemed to have been made in the State the laws of said state. If any provisions of this lease id or unenforceable, such invalidity or unenforceability Msaid lease agreement shall be construed as if such ee contained herein. given under this ea d shall be deemedit of the leased premise. ing paid. Either party Y itice of such change to by mail, provided that agreement or which may be given, though served if mailed by certified mail, in case id in the case of notice to the Lessor, to the �change the address to which said notices ther. Personal service of any such notice Chief in the case of Lessee,,br any officer or designated agent ial service is made upon the Fire case of Lessor. 28. Quiet Enjoyment: Lessor covenants that it has full authority to e (cute this lease agreement, is the owner of said propertydescribed in Exhibit "A" and that Lessee upon paying the rentals herein provided and performiqt its obligations under this lease, shall quietly ave, hold and enjoy the leased premises during the tefiin hereof, subject to the provisions herein contain d. 29. Waiver of Breach: is further covenanted and agreed by and between the JKarties that no waiver of a breach of any of t46 covenants of this lease nor any payment by Lessor of aiN sums due and payable by Lessee nor th performance by Lessor of any act which is the duty and o igation of the Lessee under the terms f this lease, shall be construed to be a waiver of any succeedin breach of the same or any other 5 venant, and that the failure of Lessor to insist upon strict perform ce of any of the covenants or conditions or provisions of this lease or to exercise any option herein onferred in any one or more instances, shall not be construed to be a waiver of or relinquishment for tN future of any such covenants, conditions or options but the same shall remain in full force and effec It is further covenanted and agreed that the acceptance of or collection of rent by Lessor from anubtenant, assignee or transferee of this lease or from any successor to Lessee's interest therein, eve though with full notice thereof, shall not constitute a consent by Lessor or waive any rights of Lessor arising out of any such unauthorized subletting, assignment or transfer. 30. General Provisions: Words and phrases herein, including acknowledgements hereof, if any, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to context. The paragraph headings of this lease agreement are for convenience only and shall not limit tjl terms of said lease agreement. 31. Successors i&Ipterest: This lease agreement shall be binding upon the parties hereto, their successors and assigns. 32. Renewal Terms: Less shall have the option to renew this leas on a yearly basis. Starting at the beginning of the third ar, Lessee will have the option to c tinue the lease on the terms agreed herein, providing approp to notice is given to the Lesso To exercise this option, Lessee must provide Lessor written notic of intent at least sixty (60) s prior to the end date of the second year stated in this lease. The lease t s during such renewa eriod shall be at a rate of $6.50 per sf equal to a monthly payment of $2,600 liars. The condomi um fees will remain the same. 33. Attached Fixtures: All fixtures Inco rated int the leased area by the Lessee or the Lessor will remain attached as part of the propeand ill remain as part of the property in the event of termination of the lease. This will include i ting, plumbing and fixtures and equipment. However, Lessee will be allowed to remove the 3 arage door openers and cage apparatus they will be installing. 34. Items included in Space: Space numb 11, 12 wi 'dude finished walls up to ceiling structure. Unit 11 will have 2- 12x14 OH doors, 1- x4 window an 2-3070 service doors with locks. Interior light fixtures with switching. 200 amp phase electrical p 1, Reznor gas heater, Floor drains at OH door. Restroom. Water service. Unit will have 1- 12x14 door, 1-3x4 window, and 2- 3070 service doors with locks. Interior ligh fixtures with switching, 0 amp 3-phase electric panel, Reznor gas heater, Floor drains at OH 35. Lease is subject to Restroom. Water service. by City officials. In Witness Whereof, tye parties hereto have executed this agre� as of the date first set forth herein. Both parties s ll sign and date below: Lessor Apex Developmen roup, LLC — Steve Schmidt Lessee City of Iowa City g,7 Approved City Attomey's Office Mayor Attest: City Clerk CITY ACKNOLEDGMENT STATE OF IOWA ) )ss. JOHNSON COUNTY ) On this day of , 2018 public in and for the State of Io a, personally appeared James AT personally known, who being 3 duly sworn, did say that respectively, of said municipal co or executing the within affixed thereto is the seal of said m nicipal corporation; that sail behalf of said municipal corporation b\jetcution rity of its City Coun�ci� as such officers acknowledged that thof said instruJnent corporation, by it and by them voluntaecuted. �` Certificate of Acknowledgment— State of IOWA County of JOHNSON On this day of Ai Public in and for said State and Secretary of the Corporation sworn, each for himself, did Corporation; that (the seal at procured by the said Corpor, said Corporation by autho ' the execution of said ins n them voluntarily execu d. In Witness written: before e the undersigned, a notary irogmo on and Kellie Fruehling, to me they are the Mayor and City Clerk, in foregoing instrument; that the seal <uistrument was signed and sealed on and that the said Mayor and City Clerk to be the voluntary act and deed of said Notary Public in and for the State of Iowa personally appearing before me, the undersigned, (a Notary 7fi executed the above and foregoikiinstrument, who being by me duly at they are respectively the Preside and/or Secretary of said to said instrument is the seal of said Corporation) — (no seal has been on) and that said instrument was by them st ed and sealed on behalf of the of its Board of Directors and all officers, and ach of them acknowledged nt to be the voluntary act and deed of said Co gration, by it and each of signed by name and affixed my Notarial Seal the fty and year last above Notary Public in and for County, State of IOWA Lessor hereby located at 330`. Lessee is renti Exhibit "A" ierty and facility Item Number: 6.k. I r , CITY OF IOWA CITY UNESCO CITY OF LITERATURE August 21, 2018 Resolution accepting imposition of civil penalty and waiver of right to hearing from Suburban Amoco. ATTACHMENTS: Description Resolution Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 18-239 Resolution accepting imposition of civil penalty and waiver of right to hearing from Suburban Amoco Whereas, on December 7, 2017, an employee of Suburban Amoco, 370 Scott Court, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two- year period; and Whereas, at the time of the violation, Suburban Amoco was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice; and Whereas, Suburban Amoco has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1). Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Suburban Amoco is assessed a $300.00 civil penalty, as set by State Code. 2. The City Clerk will forward a copy of this Resolution to the Iowa City Police Department, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit, with a copy to the City Attorney's Office. Passed andapproved this2Istday of August 2018. Maybr Appro y Attest: Ci y Clerk City Attorney's Office Resolution No. 18-239 Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: Cole the Ayes: Nays: Absent: x Vacant- Botchway seat x Cole x Mims x Salih x Taylor x Thomas x Throgmorton Item Number: 6.1. I r , CITY OF IOWA CITY UNESCO CITY OF LITERATURE August 21, 2018 Resolution accepting imposition of civil penalty and waiver of right to hearing from Hartig Drug #10. ATTACHMENTS: Description Resolution Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 18-240 Resolution accepting imposition of civil penalty and waiver of right to hearing from Hartig Drug #10 Whereas, on December 5, 2016, an employee of Hartig Drug #10, 701 Mormon Trek Blvd., Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, Hartig Drug #10 was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice; and Whereas, Hartig Drug #10 has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1). Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Hartig Drug #10 is assessed a $300.00 civil penalty, as set by State Code. 2. The City Clerk will forward a copy of this Resolution to the Iowa City Police Department, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit, with a copy to the City Attorney's Office. Passed and approved this21stday off August , 2018. May r Appr d by Attest: -:�C...,- /-� —e-" -le, City Clerk I City Attorney's Office Resolution No. 18-240 Page 2 It was moved by Mims and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent : x Vacant- Botchway seat x Cole x Mims x Salih x Taylor x Thomas x Throgmorton Item Number: 6.m. I r , CITY OF IOWA CITY UNESCO CITY OF LITERATURE August 21, 2018 Resolution accepting imposition of civil penalty and waiver of right to hearing from Kirkwood Tobacco & Liquor. ATTACHMENTS: Description Resolution �•rv1 Prepared by: Eric Goers, Assistant City Attomey, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 18-241 Resolution accepting imposition of civil penalty and waiver of right to hearing from Kirkwood Tobacco & Liquor Whereas, on December 7, 2017, an employee of Kirkwood Tobacco & Liquor, 300 Kirkwood Avenue, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, Kirkwood Tobacco & Liquor was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice; and Whereas, Kirkwood Tobacco & Liquor has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1). Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Kirkwood Tobacco & Liquor is assessed a $300.00 civil penalty, as set by State Code. 2. The City Clerk will forward a copy of this Resolution to the Iowa City Police Department, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit, with a copy to the City Attorney's Office. Passed andapproved this22llstday of August , 2018. May r Approved by Attest: Ci Clerk City Attorney's Office Resolution No. 18-241 Page 2 It was moved by Aims and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent : x Vacant- Botchway seat x Cole x Mims x Salih x Taylor x Thomas x Throgmorton Item Number: 6.n. I r , CITY OF IOWA CITY UNESCO CITY OF LITERATURE August 21, 2018 Resolution accepting imposition of civil penalty and waiver of right to hearing from EI Paso The Mexican Store. ATTACHMENTS: Description Resolution V 11 Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244,319-356-5030 Resolution number: 18-242 Resolution accepting imposition of civil penalty and waiver of right to hearing from EI Paso The Mexican Store Whereas, on December 7, 2016, an employee of EI Paso The Mexican Store, 609 Hollywood Blvd., Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, EI Paso The Mexican Store was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice; and Whereas, EI Paso The Mexican Store has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1). Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. EI Paso The Mexican Store is assessed a $300.00 civil penalty, as set by State Code. 2. The City Clerk will forward a copy of this Resolution to the Iowa City Police Department, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit, with a copy to the City Attorney's Office. 21st Passed and approved this _day of August , 2018. � •' Z11- . May6r Appro ed by Attest:' - �� C -L, t 4ylrkI J City Attorney's Office Resolution No. 18-242 Page 2 It was moved by Mims and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Vacant- Botchway seat X Cole X Mims X Salih X Taylor X Thomas X Throgmorton Item Number: 6.o. i r , CITY OF IOWA CITY UNESCO CITY OF LITERATURE August 21, 2018 Resolution accepting imposition of civil penalty and waiver of right to hearing from The Convenience Store. ATTACHMENTS: Description Resolution Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 18-243 Resolution accepting imposition of civil penalty and waiver of right to hearing from The Convenience Store Whereas, on December 10, 2017, an employee of The Convenience Store, 106 S. Linn Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, The Convenience Store was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice; and Whereas, The Convenience Store has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1). Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Convenience Store is assessed a $300.00 civil penalty, as set by State Code. 2. The City Clerk will forward a copy of this Resolution to the Iowa City Police Department, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit, with a copy to the City Attorney's Office. Passed and approved this 21sbay oofff August , 2018. Ma r Appr by Attest: City Clerk City Attorney's Office Resolution No. 18-243 Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: Ayes: Nays: Cole the Absent: X Vacant- Botchway seat Cole Mims Salih Taylor Thomas Throgmorton Item Number: 6.p. I r , CITY OF IOWA CITY UNESCO CITY OF LITERATURE August 21, 2018 Resolution accepting use of Section 453A.22(3) affirmative defense to tobacco civil penalty by Deli Mart #3. ATTACHMENTS: Description Resolution Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 18-244 Resolution accepting use of Section 453A.22(3) affirmative defense to tobacco civil penalty by Deli Mart #3 Whereas, on December 10, 2017, an employee of Deli Mart #3, 2410 Mormon Trek Blvd., Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and Whereas, at the time of the violation, Deli Mart #3 was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code an establishment which holds a retail cigarette permit is subject to a civil penalty as a result of its employee violating Iowa Code §453A.2(1); and Whereas, pursuant to Iowa Code §453A.22(3), if an employee of a retailer violates §453A.2(1), the retailer shall not be assessed a penalty under §453A.22(2), and the violation shall be deemed not to be a violation of §453A.2(1) for the purpose of determining the number of violations for which a penalty may be assessed pursuant to §453A.22(2), if the employee in question holds a valid certificate of completion of the tobacco compliance employee training program pursuant to §453A.5 at the time of the violation; and Whereas, the Deli Mart #3's employee who violated §453A.2(1) held a valid certificate of completion of the tobacco compliance training program pursuant to section §453A.5 at the time of the violation; and Whereas, Deli Mart #3 wishes to assert the affirmative defense set out in §453A.22(3) in order to avoid a civil penalty for its employee's violation of §453A.2(1) and has signed an Acknowledgement of Use of §453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and Whereas, a retailer may asset the affirmative defenses set out in §453A.22(3) only once in a four-year period for a violation of §453A.2 that takes place at the same place of business location and if an employee of Deli Mart #3 again violates §453A.2(1) within a four-year period, Deli Mart #3 will be subject to a civil penalty as provided by §453A.22(2), after proper notice and opportunity for hearing. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept Deli Mart #3's use of a §453A.22(3) affirmative defense and should accept Deli Mart #3's signed Acknowledgment of the same. Be It Further Resolved, that the City Clerk will forward a copy of this Resolution to the Iowa City Police Department, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit, with a copy to the City Attorney's Office. Passed and approved this 21shay of August 2018 Resolution No. 18-244 Page 2 i i/rte G Mayor PPAd bY e Attest: Ci y Clerk City Attorney's Office It was moved by Mims and seconded by Cole Resolution be adopted, and upon roll call there were: the Ayes: Nays: Absent: X Vacant-Botchway seat x Cole x Mims x Salih x Taylor x Thomas x Throgmorton Item Number: 7.a. CITY OF IOWA CITY �n.�'��� COUNCIL ACTION REPORT August 21, 2018 Resolution setting a public hearing on September 4, 2018 on plans, specifications, form of contract, and estimate of cost for the construction of the Hickory Hill Park Improvements 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: Jason Reichart, Civil Engineer Reviewed By: Juli Seydell-Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $405,000 available in the Hickory Hill Park & Trail Redesign & Development account # R4224 Recommendations: Staff: Approval Commission: Presented to Parks Commission on April 12, 2017 Attachments: Resolution Executive Summary: The Hickory Hill Park Improvements Project includes trail, bridge, and drainage improvements in Hickory Hill Park as detailed in the Hickory Hill Park Master Plan. This project also includes new signage and wayfinding throughout the park. Background /Analysis: A Master Plan was completed for Hickory Hill Park in 2016. Creation of this Master Plan included input from members of the Friends of Hickory Hill along with public comment at a series of public meetings as well as on-line comments. RDG Planning and Design was chosen as the consultant for this project through a Request for Qualifications process in early 2017. RDG worked with staff and representatives from the Friends of Hickory Hill to develop the project parameters. This project implements the highest priorities of this plan including stabilizing and enhancing primary trail routes throughout the park, realigning a trail section in the eastern portion to prevent damage from erosion, replacing two trail bridges and adding directional signage throughout the park. The plans, specifications, form of contract, and estimate of cost for construction of the Hickory Hill Park Improvements Project have been filed in the Office of the City Clerk for public examination. The estimated cost of construction is $405,000 and the project is expected to be completed in Spring 2019. ATTACHMENTS: Description Resolution 1 °' Prepared by: Jason Reichart, Public Works, 410 E. Washington SL, Iowa City, IA 52240, (319)356-5416 Resolution No. 18-245 Resolution setting a public hearing on September 4, 2018 on plans, specifications, form of contract, and estimate of cost for the construction of the Hickory Hill Park Improvements 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 Hickory Hill Park & Trail Redesign & Development account # R4224. 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 4t' day of September, 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 21st day of August 2018 Ma or ,Aqroved by Attest k _ / j ) City Clerk J City Attorney's Office It was moved by Mims and seconded by Cole the Resolution be adopted, and upon roll call there were Ayes: Nays: Absent: X Vacant - Botchway seat % Cole % Mims % Salih x Taylor % Thomas x Throgmorton Item Number: 7.b. I r I, CITY OF IOWA CITY �n.�'��� COUNCIL ACTION REPORT August 21, 2018 Resolution setting public hearing on amending the FY2019 Operating Budget. Prepared By: Jacklyn Budding, Budget & Compliance Officer Reviewed By: Dennis Bockenstedt, Finance Director Ashley Monroe, Assistant City Manager Fiscal Impact: FY2019 budget revisions funded through new revenues or available fund balance. Recommendations: Staff: Approval Commission: N/A Attachments: Notice of Public Hearing and related schedules Resolution Executive Summary: The Finance Department requests the City Council set a public hearing for consideration of amending the fiscal year 2019 annual budget on September 4, 2018. This is the first budget amendment for fiscal year 2019. Background /Analysis: Budget amendments are submitted to the Finance Department and reviewed for approval by the Finance Director and City Manager. Requests to carry appropriations over from one year to the next are also submitted and approved in the same manner. A formal recommendation for a budget amendment is then prepared for City Council approval. The State of Iowa allows cities to amend the annual operating budget for supplemental appropriation authority. These changes may include new or revised revenue and expenditure projections, transfers between funds, and capital improvement plan changes. I ncreased expenditures must utilize available fund balance or additional revenue sources, as the State does not allow amendments to increase property taxes. According to the City's financial policies, amendments to operating budgets will be made only in the following situations: • emergency situations • transfer from contingency • expenditures with offsetting revenues or fund balance • carry-over of prior year budget authority for expenses that had not been paid as of the end of the fiscal year. This proposed budget amendment increases overall revenues and transfers -in by $10,166,077, as shown on Line 15 of the attached notice (see Revenues & Other Financing Sources, lines 1- 15). The majority of the revenues being amended is for intergovernmental revenues, other financing sources, and miscellaneous revenues. Intergovernmental revenues (line 9) are being increased by $5,530,622, which primarily represents State and Federal grants on capital projects and HOME/CDBG revenues that are being carried forward from the prior year. Other Financing Sources (line 13) is being amended by $2,779,125 for UniverCity home sales and the Sale of Land for the Public Works Facility and the I ndustrial Lot. Transfers in (line 14) are being amended by $1,195,000 for transfers being carried forward for the Landfill Leachate Pumping Station ($400,000) and the Ped Mall Reconstruction project ($350,000), as well as an amendment for Affordable Housing ($250,000). Lastly, Miscellaneous Revenues (line 12) are being amended by $661,330 for the various grants and expected donations. The section entitled Expenditures & Other Financial Uses (lines 16-28) provides for an increase in appropriations of $68,838,664. The majority of the increase in appropriations is related to governmental capital improvement projects that are being carry forward from prior years (line 23) and total $50,834,140. The next largest increase in appropriations is for the Business Type/Enterprise program (line 25) and totals $12,701,565. The increase in this program primarily reflects the carry forward of utility fund capital improvement projects from prior years. The last significant amendment is for the Community and Economic Development program (line 20) and totals $2,920,321. This primarily reflects the carry forward of appropriations for the CDBG/HOME programs and the UniverCity program. The net budgeted result to fund balances is a reduction of $26,260,541 (line 29), after factoring for actual changes in the beginning fund balance (line 30). This reduction will be covered through excess fund balances and bond funds and will not affect property tax revenues or levies. The Notice of Public Hearing for the first budget amendment of fiscal year 2019 is attached to this memo along with a detailed list of the individual amendments. ATTACHMENTS: Description FY2019 amendment docs Resolution Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 Resolution No. 18-246 Resolution setting public hearing on amending the I FY2019 Operating Budget. Be it resolved by the City Council of Iowa City, Iowa, that a public hearing will be held in Harvat Hall, City Hall, 410 East Washington Street, at 7:00 p.m., September 4, 2018, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2019 Operating Budget. The City Clerk is hereby directed to give notice of said public hearing and time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 21st day of 20 18. MaAr r ed by Attest e ity Clerk City Attorney's Office It was moved by Mims and seconded by adopted, and upon roll call there were: Ayes: Nays: Cole the Resolution be Absent: x Vacancy — Botchway seat Cole Mims Salih Taylor Thomas Throgmorton '(.b Jun -18 NOTICE OF PUBLIC HEARING Form 653.C1 AMENDMENT OF FY2018-2019 CITY BUDGET The City Council of Iowa City in will meet at City Hall, 410 E. Washington Street at 7:00pm on (hour) 9/4/2018 (Date) JOHNSON ,for the purpose of amending the current budget of the city for the fiscal year ending June 30, County, Iowa 2019 Near) by changing estimates of revenue and expenditure appropriations in the following functions for the reasons given. Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by activity. Explanation of increases or decreases in revenue estimates, appropriations, or available cash: FY18 Capital Project expenditures carried forward include $8,222,128 for Gateway Project, $8,404,062 for Chauncey Building, $9,198,691 for Public Works Facility ,$3,012,192 for the Myrtle/Riverside Intersection, and Enterprise Fund projects: $3,317,707 for Generator Relocation and $698,019 for the Melrose Ct. Sanitary Sewer. FY18 expenditures carried forward include $1,460,000 for UniverCity and $790,122 for CDBG/HOME. New expenditures include $340,000 for Flood Buyouts-, additional detail is available in the City Clerk's Office. There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax revenues and cash balances not budgeted or considered in this current budget. Kellie Fruehling, City Clerk City Clerk/ Finance Officer Name Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 59.173.825 59,173,825 Less: Uncollected Property Taxes -Levy Year 2 0 0 Net Current Property Taxes 3 59,173,825 0 59,173,825 Delinquent Property Taxes 4 0 0 TIF Revenues 5 2,621,772 2,621,772 Other City Taxes 6 2,932,681 2,932,681 Licenses & Permits 7 2,040,630 2,040,630 Use of Money and Property 8 2,439,672 2,439,672 Intergovernmental 9 32,315,029 5,530,622 37,845,651 Charges for Services 10 47,371,701 47,371,701 Special Assessments 11 1,090 1,090 Miscellaneous 12 3,238,310 661,330 3,899,640 Other Financing Sources 13 11,926,393 2,779,125 14,705,518 Transfers In 14 40,638,256 1,195,000 41,833,256 Total Revenues and Other Sources 15 204,699,359 10,166,077 214,865,436 Expenditures & Other Financing Uses Public Safety 16 25,482,655 359,962 25,842,617 Public Works 17 9,757,198 277,176 10,034,374 Health and Social Services 18 300,000 300,000 Culture and Recreation 19 15,020,573 17,500 15,038,073 Community and Economic Development 20 9,086,179 2,920,321 12,006,500 General Government 21 9,528,463 533,000 10,061,463 Debt Service 22 13,722,450 13,722,450 Capital Projects 23 23,580,970 50,834,140 74,415,110 Total Government Activities Expenditures 24 106,478,488 54,942,099 161,420,587 Business Type / Enterprises 25 61,091,818 12,701,565 73,793,383 Total Gov Activities & Business Expenditures 26 167,570,306 67,643,664 235,213,970 Transfers Out 27 40,638,256 1,195,000 41,833,256 Total Expenditures/Transfers Out 28 208,208,562 68,838,664 277,047,226 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 29 -3,509,203 -58,672,587 -62,181,790 Beginning Fund Balance July 1 30 134.883.5281 32,412,046 167,295,574 Ending Fund Balance June 30 31 131,374,325 -26,260,541 105,113,784 Explanation of increases or decreases in revenue estimates, appropriations, or available cash: FY18 Capital Project expenditures carried forward include $8,222,128 for Gateway Project, $8,404,062 for Chauncey Building, $9,198,691 for Public Works Facility ,$3,012,192 for the Myrtle/Riverside Intersection, and Enterprise Fund projects: $3,317,707 for Generator Relocation and $698,019 for the Melrose Ct. Sanitary Sewer. FY18 expenditures carried forward include $1,460,000 for UniverCity and $790,122 for CDBG/HOME. New expenditures include $340,000 for Flood Buyouts-, additional detail is available in the City Clerk's Office. There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax revenues and cash balances not budgeted or considered in this current budget. Kellie Fruehling, City Clerk City Clerk/ Finance Officer Name Budget Amendments 1010 10310712 471010 Flood Buyouts with Emergency Funds 340,000 21 1000 10410359 331150 IACP Grant (171,336) 9 1000 10410359 411000 IACP Grant 80,517 16 1000 10410359 414500 IACP Grant 950 16 1000 10410359 421100 IACP Grant 16,533 16 1000 10410359 421200 IACP Grant 300 16 1000 10410359 421300 IACP Grant 167 16 1000 10410359 422100 IACP Grant 1,168 16 1000 10410359 423250 IACP Grant 20,951 16 1000 10410359 424100 IACP Grant 525 16 1000 10410359 436030 IACP Grant 14,500 16 1000 10410359 436050 IACP Grant 8,090 16 1000 10410359 436060 IACP Grant 20,313 16 1000 10410359 436080 IACP Grant 7,322 16 1000 10410310 362200 034 DDJ Police Grant (131,070) 12 1000 10410310 411000 034 DDJ Police Grant 76,295 16 1000 10410310 414500 034 DDJ Police Grant 950 16 1000 10410310 421100 034 DDJ Police Grant 18,108 16 1000 10410310 421200 034 DDJ Police Grant 300 16 1000 10410310 421300 034 DDJ Police Grant 167 16 1000 10410310 422100 034 DDJ Police Grant 1,098 16 1000 10410310 423250 034 DDJ Police Grant 19,837 16 1000 10410310 424100 034 DDJ Police Grant 175 16 1000 10410310 436030 034 DDJ Police Grant 5,000 16 1000 10410310 436050 034 DDJ Police Grant 3,000 16 1000 10410310 436060 034 DDJ Police Grant 5,400 16 1000 10410310 436070 034 DDJ Police Grant 250 16 1000 10410310 436080 034 DDJ Police Grant 300 16 1000 10410310 454020 034 DDJ Police Grant 250 16 1000 10410429 362100 Friends of Animal Shelter Foundation extra contribution (5,000) 12 1000 10410429 432080 Friends of Animal Shelter Foundation extra contribution 5,000 16 7150 71810920 490040 Purchase of SEATS bus 95,000 27 7155 71810925 393140 Purchase of SEATS bus (95,000) 14 7155 71810925 474250 Purchase of SEATS bus 95,000 25 1000 10610210 394100 External Loan Repayments account switch 13,905 13 1000 10610210 391300 External Loan Repayments account switch (13,905) 13 1000 10610230 394100 External Loan Repayments account switch 60,000 13 1000 10610230 391300 External Loan Repayments account switch (60,000) 13 2100 21610310 394100 External Loan Repayments account switch 101,000 13 2100 21610310 391300 External Loan Repayments account switch (101,000) 13 2100 21610330 394100 External Loan Repayments account switch 30,229 13 2100 21610330 391300 External Loan Repayments account switch (30,229) 13 2100 21610420 394100 External Loan Repayments account switch 93,000 13 2100 21610420 391300 External Loan Repayments account switch (93,000) 13 5019 50310819 394100 External Loan Repayments account switch 15,901 13 5019 50310819 391300 External Loan Repayments account switch (15,901) 13 5019 50310819 394100 664 External Loan Repayments account switch 36,441 13 5019 50310819 391300 664 External Loan Repayments account switch (36,441) 13 7949 79490350 394100 External Loan Repayments account switch 14,750 13 7949 79490350 391300 External Loan Repayments account switch (14,750) 13 1000 10610220 394200 External Loan Repayments account switch 600,000 13 1000 10610220 391400 External Loan Repayments account switch (600,000) 13 1000 10410220 423100 IPERS transfer amount for CSO 4,532 16 1000 10410220 423250 IPERS transfer amount for CSO (4,532) 16 1000 10310100 411000 IA/Budget Analyst budgeted in wrong acct (55,000) 21 1000 10310100 412000 IA/Budget Analyst budgeted in wrong acct 55,000 21 1000 10210510 392100 Industrial Land Sale (554,125) 13 1000 10610710 490160 Affordable Housing 250,000 27 2500 25490190 393120 Affordable Housing (250,000) 14 2500 25490190 448010 Affordable Housing 137,500 20 2500 25490190 448060 Affordable Housing 50,000 20 2500 25490190 471010 Affordable Housing 62,500 20 Requested Carryforwards 1000 10310100 476070 Kronos Time Clocks $ 18,000 21 1000 10210510 448070 Ec Dev Opportunity funds 100,000 20 1000 10310710 448070 Work Force Hsg Grant match 145,000 21 1000 10410430 432080 Deer Control 36,400 16 1000 10450120 474420 Warning sirens 8,096 16 1000 10450200 469250 Safety clothing 8,000 16 1000 10530241 442020 Deck railing repairs 5,000 19 1000 10530300 432080 Forest Management Plan contract 10,000 17 1000 10570100 472010 Senior Center HVAC/Lighting improvements 12,500 19 1000 10610150 432060 Climate Action Plan 41,289 20 1000 10610150 448010 Local Foods- backyard abundance 14,180 20 1000 10610220 392100 U -City North Dodge duplex (375,000) 13 1000 10610220 394200 U -City North Dodge duplex (375,000) 13 1000 10610220 471010 U -City North Dodge duplex 375,000 20 1000 10610220 480350 U -City North Dodge duplex 375,000 20 1000 10610220 472010 U -City North Dodge duplex 100,000 20 1000 10610220 392100 U -City 516 Fairchild (475,000) 13 1000 10610220 480350 U -City 516 Fairchild 475,000 20 1000 10610220 369100 U -City 516 Fairchild (85,000) 12 1000 10610220 472010 U -City 516 Fairchild 135,000 20 1000 10610230 448090 Grip loans 15,000 20 1000 10610620 432060 Form Base Code -phase 2 153,670 20 1000 10610620 448010 Hist Pres grants 35,000 20 1000 10610720 473010 Public Art 12,800 20 1007 10210257 474420 Video cameras and tripods 30,000 21 2110 21610420 448090 Home Grants 307,503 20 2110 21610420 448060 Home Grants 170,713 20 2110 21610420 331100 Home Grants (478,216) 9 2100 21610320 448090 CDBG Grants 286,906 20 2100 21610320 331100 CDBG Grants (286,906) 9 2100 21610330 448090 CDBG Grants 25,000 20 2100 21610330 331100 CDBG Grants (25,000) 9 2200 22710322 473010 Traffic signal pole painting 170,000 17 2200 22710322 474340 Traffic signal controllers 34,400 17 2200 22710322 474340 Traffic speed signs 22,020 17 2200 22710325 469040 LED lights 16,426 17 2200 22710332 474420 Flatbed Truck for paint striper 24,330 17 2300 23610299 362200 Healthy Homes grant (48,260) 12 2300 23610299 442010 Healthy Homes grant 48,260 20 7100 71810120 474420 EV Charging Stations 19,169 25 7300 73730130 442030 Ice machine 5,000 25 7400 74740120 474420 Refuse carts 32,500 25 7400 74740140 469290 Recycle carts 25,000 25 8100 81710520 474230 Trucks 209,738 x 8100 81710520 474270 Other Vehicular Equipment 86,911 x CIP Carryforwards 7605 76850905 331100 Runway 12-30 Obstruction Mitigation (376,668) 9 A3442 7605 76850905 473010 Runway 12-30 Obstruction Mitigation 405,601 25 A3442 7605 76850905 331100 Runway 7/25 Design Conversion (225,000) 9 A3464 7605 76850905 432090 Runway 7/25 Design Conversion 37,500 25 A3464 7605 76850905 473010 Runway 7/25 Design Conversion 212,500 25 A3464 7605 76850905 334900 North T -Hangar Restrooms (43,116) 9 A3468 7605 76850905 472010 North T -Hangar Restrooms 54,616 25 A3468 7605 76850905 432090 Airport Frontage/Viewing Area 12,000 25 A3469 7605 76850905 473010 Airport Frontage/Viewing Area 47,812 25 A3469 3100 31610900 473010 Riverfront Crossings Redevelopment 358,169 23 E4513 3100 31610900 448070 Chauncey Building grant 8,404,062 23 E4516 3100 31610900 448010 Carbon Emissions Reduction 112,000 23 E4520 3100 31610900 473010 Carbon Emissions Reduction 53,360 23 E4520 3100 31610900 432060 City Hall Remodel for MPOJC 20,000 23 E4522 3100 31610900 472010 City Hall Remodel for MPOJC 130,000 23 E4522 3100 31310790 473010 City Hall -other projects 265,904 23 G4704 3100 31310790 432060 Phone System Replacements 17,260 23 G4722 3100 31310790 475010 Phone System Replacements 96,733 23 G4722 3100 31310790 476130 Permitting Software Upgrade 600,000 23 G4720 7505 75750905 473010 Landfill Tarp Development System 90,000 25 L3329 7505 75750905 393260 Landfill Leachate Pumping Station (400,000) 14 L3330 7500 75750900 490040 Landfill Leachate Pumping Station 400,000 27 7505 75750905 473010 Landfill Leachate Pumping Station 400,000 25 L3330 7505 75750905 432090 Landfill Leachate Pumping Station 8,393 25 L3330 7505 75750905 473010 Landfill Cell Design & Construction 1,343,192 25 L3331 7505 75750905 474270 Landfill Bulldozer 475,000 25 L3332 7705 77770905 473010 Storm Water Improvements 241,416 25 M3631 7705 77770905 473010 Normandy Dr Storm Sewer Replacement 335,780 25 M3629 7705 77770905 432090 Stevens Drive Storm Sewer Improvements 25,000 25 M3630 7705 77770905 473010 Stevens Drive Storm Sewer Improvements 350,000 25 M3630 3100 31710940 473010 Idyllwild Drainage 425,954 23 P3976 3100 31710940 432090 West Riverbank Stabilization 20,796 23 P3981 3100 31710940 446050 West Riverbank Stabilization 49,936 23 P3981 3100 31710940 473010 West Riverbank Stabilization 967,497 23 P3981 3100 31710940 393296 Non -Public Safety Radio System (76,820) X P3982 8400 84310340 490040 Non -Public Safety Radio System 76,820 x 3100 31710940 473010 Non -Public Safety Radio System 81,154 23 P3982 3100 31710940 432090 Equipment Shop Roof Replacement 50,000 23 P3984 3100 31710940 473010 Equipment Shop Roof Replacement 280,000 23 P3984 3100 31710940 392100 Public Works Facility (1,000,000) 13 P3959 3100 31710940 432040 Public Works Facility 398,691 23 P3959 3100 31710940 472010 Public Works Facility 8,800,000 23 P3959 3100 31530910 473010 Annual Park Improvements 235,668 23 R4130 3100 31530910 473010 Annual Park ADA Improvements 74,643 23 R4132 3100 31530910 473010 Intra -City Bike Trails 19,444 23 R4206 1000 10310710 490040 Ped Mall Reconstruction 250,000 27 2200 22710910 40040 Ped Mall Reconstruction 100,000 27 3100 31530910 393140 Ped Mall Reconstruction (250,000) 14 R4340 3100 31530910 393150 Ped Mall Reconstruction (100,000) 14 R4340 3100 31530910 473010 Ped Mall Reconstruction 2,495,838 23 R4340 3100 31530910 432060 Cemetery Shop Roof Replacement 6,750 23 R4354 3100 31530910 472010 Cemetery Shop Roof Replacement 45,000 23 R4354 3100 31530910 473010 Park at N WWT Plant 724,241 23 R4185 3100 31530910 334900 City Park Cabin Restoration (12,500) 9 R4187 3100 31530910 472010 City Park Cabin Restoration 45,050 23 R4187 3100 31530910 473010 Creekside Park Redevelopment 590,960 23 R4341 3100 31530910 472010 Reconfig Com Lab & Child room 22,430 23 R4344 3100 31530910 473010 Cardigan Park Development 6,190 23 R4345 3100 31530910 432040 Recreation Center ADA Improvement 44,712 23 R4351 3100 31530910 472010 Upgrade Building BAS Controls 432,231 23 R4332 3100 31530910 369900 Upgrade Building BAS Controls (177,000) 12 R4332 3100 31530910 473010 Hickory Hill Trail Redesign 503,000 23 R4224 3100 31530910 432090 Highway 1 Sidewalk/Trail 54,187 23 R4225 3100 31530910 362100 IC Kickers PK Soccer Field Add. (20,000) 12 R4355 3100 31530910 473010 IC Kickers PK Soccer Field Add. 69,873 23 R4355 3100 31530910 472010 City Hall Projects -Other CIP 50,000 23 R4129 3200 32710910 331100 Gateway Project (380,880) 9 53809 3200 32710910 473010 Gateway Project 8,222,128 23 53809 3200 32710910 473010 Van Buren St Project 285,000 23 53813 3200 32710950 473010 Traffic Signal Projects 367,528 23 53814 3200 32710910 473010 Traffic Calming 110,436 23 53816 3200 32710910 473010 Pavement Rehabilitation 1,294,611 23 53824 3200 32710910 473010 Underground Electrical Facility 847,521 23 53826 3200 32710930 473010 Sidewalk Infill 13,135 23 53828 3200 32710910 334900 Burlington/Madison Intersection (2,011,000) 9 53834 3200 32710910 432060 Burlington/Madison Intersection 100,000 23 53834 3200 32710910 473010 Burlington/Madison Intersection 2,263,950 23 53834 3200 32710910 331100 Burlington/Clinton (200,000) 9 53840 3200 32710910 473010 Burlington/Clinton 681,308 23 53840 3200 32710910 331100 Mormon Trek Benton Right Turn (500,000) 9 53868 3200 32710910 473010 Mormon Trek Benton Right Turn 1,420,391 23 53868 3200 32710920 473010 Bridge Maint/Repair 335,614 23 53910 3200 32710910 473010 Washington St. Reconstruction 389,286 23 53938 3200 32710950 473010 Myrtle/Riverside Intersection 3,012,192 23 53933 3200 32710910 432090 McCollister Blvd -Gilbert to Syc 548,639 23 53934 3200 32710920 331100 Prentiss St Bridge (820,000) 9 53935 3200 32710920 432090 Prentiss St Bridge 122,282 23 53935 3200 32710920 473010 Prentiss St Bridge 1,075,000 23 53935 3200 32710910 473010 Governor St Overlay 347,699 23 53942 3200 32710910 473010 Riverside Dr Asphalt Overlay 435,577 23 53943 3200 32710910 473010 Gilbert St Intersection Impr 871,740 23 53945 3200 32710910 473010 Rochester Ave Sidewalk Infill 148,419 23 53948 3200 32710910 473010 Annual Complete Street Impr 359,868 23 53827 7105 71810915 473010 Parking Facility Restoration 276,102 25 T3004 7105 71810915 474420 Parking Facility and Enforcement Automation 565,213 25 T3009 7105 71810915 432060 Capital St & Dubuque St Fagade Impr 146,893 25 T3017 7155 71810925 473010 Transit Bus Shelter Repl 150,000 25 T3059 7155 71810925 473010 Transit Bus Camera Replacement 108,000 25 T3060 7155 71810925 472010 Transit Facility Office Remodel 33,937 25 T3061 7155 71810925 474270 Transit Bus Sign Replacement 95,000 25 T3062 7155 71810925 473010 Rec Center Parking Lot Asphalt 135,000 25 T3019 7205 72720905 473010 Annual Sewer Improvements 699,367 25 V3101 7205 72720905 473010 Sludge Biosolid Dewatering Equip 391,778 25 V3141 7205 72720905 473010 North WW Plant Demo 221,205 25 V3142 7205 72720905 473010 Generator Reloc & Emissions 3,317,707 25 V3143 7205 72720905 432090 Scott Boulevard Trunk Sewer 175,000 25 V3145 7205 72720905 471030 Scott Boulevard Trunk Sewer 300,000 25 V3145 7205 72720905 393290 Melrose Ct Sanitary Sewer (100,000) 14 V3146 7700 77770900 490040 Melrose Ct Sanitary Sewer 100,000 27 7205 72720905 473010 Melrose Ct Sanitary Sewer 598,019 25 V3146 7205 72720905 474420 Heat Exchanger Repl 35,500 25 V3149 7205 72720905 474420 WWTF Influent Channel Modif. 148,500 25 V3152 7305 73730905 432090 1st Ave Water Main 58,849 25 W3212 7305 73730905 473010 Douglas St/Ct Water Main Repl 241,999 25 W3223 7305 73730905 473010 Water Plant Computer Ctrl System 124,773 25 W3226 7305 73730905 473010 Water Plant Softener Impr 75,000 25 W3304 7305 73730905 472010 Water Distribution Building Repairs 99,692 25 W3309 7305 73730905 472010 Water Plant Roof Replacement 291,469 25 W3310 7305 73730905 473010 Collector Well Capacity Impr 99,616 25 W3311 7305 73730905 432090 Water Distr Pressure Zone Impr 97,467 25 W3301 3100 31410930 472010 Police Dept Flooring 135,084 23 Y4440 3100 31450900 472010 Fire Training Center Reloc 700,000 23 Y4436 3100 31410940 432040 Animal Sery Storage Garage 15,000 23 Y4442 3100 31410940 472010 Animal Sery Storage Garage 180,000 23 Y4442 3100 31410940 362100 Animal Sery Storage Garage (195,000) 12 Y4442 Intergovernmental Charges for Services Miscellaneous Other Financing Sources Transfers In Public Safety Public Works Health & Social Services Culture & Recreation Community & Economic Development General Government Debt Service Capital Projects Bus in ess-Type/Enterprise Transfers Out Internal Service (not budgeted) Internal Service (not budgeted) Excess Revenues & Other Financing Sources under Expenditures/Transfers Out $ (5,530,622) $ (661,330) $ (2,779,125) $ (1,195,000) $ 359,962 $ 277,176 $ 17,500 $ 2,920,321 $ 533,000 $ 50,834,140 $ 12,701,565 $ 1,195,000 $ 296,649 $ 58,969,236 $ (296,649) 9 10 12 13 14 16 17 18 19 20 21 22 23 25 27 X $ 58,672,587 29 Item Number: 7.c. CITY OF IOWA CITY �n.�'��� COUNCIL ACTION REPORT August 21, 2018 Resolution setting public hearing for September 4, 2018, on a proposal to convey a single-family home located at 109 North Dodge Street. Prepared By: Erika Kubly, Neighborhood Services Coordinator Reviewed By: Tracy Hightshoe, Neighborhood & Development Services Director Fiscal Impact: The assessed value of 109 N. Dodge at the time of purchase was $120,030. The sales price is $175,000. There will be no impact on the general fund for ongoing operating expenses. Recommendations: Staff: Approval Commission: N/A Attachments: Before and After Photos Resolution Executive Summary: On August 21, 2018, City Council will set a public hearing for September 4, 2018 to consider a resolution authorizing the conveyance of 109 N. Dodge Street as part of the UniverCity Neighborhood Partnership Program. This will be the 63rd home sold under the program. Background /Analysis: 109 N. Dodge Street Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 109 N. Dodge for $175,000. The City purchased the home as a joint sale (two homes) for $300,000. City funds were used to rehabilitate and sell the home to an eligible homebuyer. Renovations include kitchen and bathroom updates, installation of brand new appliances, new windows, refinished wood floors, new carpet, and new water heater, furnace, and air conditioner. The home is required to be owner - occupied for 30 years. Built in 1941, the house has 1,062 square feet of living space, including one bedroom and one bathroom. The home has an upper level that can serve as an office or library. It is located near Mercy Hospital and downtown Iowa City. This home is located on a street where there is a mix of owner -occupied and rental properties. The renovated home will be an asset to the neighborhood and community. ATTACHMENTS: Description Before and After Photos Resolution _1P Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 18-247 Resolution setting public hearing for September 4, 2018, on a proposal to convey a single-family home located at 109 North Dodge Street. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 109 North Dodge Street, Iowa City; and WHEREAS, the City has received an offer to purchase 109 North Dodge Street for the principal sum of $175,000; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 109 North Dodge Street, Iowa City, Iowa, also known as part of Lot 8 in Block 26, Iowa City, Iowa, for the sum of $175,000. 2. A public hearing on said proposal should be and is hereby set for September 4, 2018, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 18-247 Page 2 It was moved by Mims and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole the Resolution be Vacant - Botchway Seat Cole Mims Salih Taylor Thomas Throgmorton Passed and approved this 21st day of August 2018. MAWOR ' ATTEST:' CITY CLERK Approved by City Attorney's Office CITY OF IOWA CITY COUNCIL ACTION REPORT 109 N. Dodge — Before Renovations CITY OF IOWA CITY COUNCIL ACTION REPORT 109 N. Dodge — After Renovations Item Number: 15. I r I, CITY OF IOWA CITY �n.�'��� COUNCIL ACTION REPORT August 21, 2018 Resolution authorizing the City Manager to sign a memorandum of understanding with the Housing Trust Fund of Johnson County for the contribution and use of $500,000 for affordable housing. Prepared By: Tracy Hightshoe, Neighborhood and Development Services Director Reviewed By: Simon Andrew, Assistant to City Manager Fiscal Impact: $500,000 in FY19 local funds set-aside forAffordable Housing Fund Recommendations: Staff: Approval Commission: N/A Attachments: Staff Memo Housing Trust Fund Letter Resolution Memorandum of Understanding Re: City's Contribution Toward Affordable Housing Executive Summary: City Council will consider adoption of a resolution to authorize the City Manager to enter a Memorandum of Understanding with the Housing Trust Fund of Johnson County for $500,000 for affordable housing at their August 21, 2018 City Council meeting (deferred from the August 7 meeting). Background /Analysis: At the September 20, 2016 City Council work session, the Council approved the distribution of funds from the Affordable Housing Fund. Under the approved distribution plan, 50% of funds available will go to the Housing Trust Fund of Johnson County (HTFJC) for affordable housing projects in Iowa City. The FY19 budget for the Affordable Housing Fund is $1,000,000. Upon signing the memorandum of understanding (see attached), the HTFJC will be issued payment of $500,000. Affordable housing is defined as housing, either owner -occupied or rental, that assists households under 80% of area median income. In general, the HTFJC prioritizes rental projects that assist households under 60% of area median income and many projects serve households under 30% of area median income. A memorandum of understanding for these funds will be entered between the City and the HTFJC. As directed by the City Council, the location of the project awarded funds must be in compliance with the City's Affordable Housing Location Model, as amended annually. The memorandum of understanding will also require quarterly reporting to Neighborhood Services. The report shall identify projects awarded funding, project updates until the project is owned/leased by eligible households and fund balance. No administrative funds are eligible with this award. ATTACHMENTS: Description Staff Memo Housing Trust Fund Letter Resolution MOU - Housing Trust Fund Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 18-248 Resolution authorizing the City Manager to sign a memorandum of understanding with the Housing Trust Fund of Johnson County for the contribution and use of $500,000 for affordable housing. Whereas, the City Council desires to fulfill its goal to increase the units of affordable housing in Iowa City, in part, by contributing $500,000 to the Housing Trust Fund of Johnson County, Inc.; Whereas, the funds should be used to serve households under 80% of median income, the units should be located within the corporate limits of Iowa City, and the site should comply with the Affordable Housing Location Model, as amended annually; and Whereas, the attached Memorandum of Understanding sets forth the parameters of how the funds are to be used. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to sign the attached Memorandum of Understanding. Passed and approved this 21st day of August 2018. Attest: City Clerk l G. M or Approved b F ,3i,ta- City Attomey's Office 15 Resolution No. 18-248 Page 2 It was moved by Mims and seconded by Cole Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Vacant — Botchway seat x Cole x Mims x Salih x Taylor x Thomas x Throgmorton the Prepared by: Erika Kubly, Neighborhood Services Coordinator, 410 E. Washington St., Iowa City, IA 52240, 319/356-5121 MEMORANDUM OF UNDERSTANDING Re: CITY'S CONTRIBUTION TOWARD AFFORDABLE HOUSING This Memorandum of Understanding is entered into by and between the City of Iowa City, a municipal corporation ("City"), and Housing Trust Fund of Johnson County, Inc. ("Trust Fund") in Iowa City, Iowa. WHEREAS, the City desires to contribute $500,000.00 to the Trust Fund to support affordable housing; and THE PARTIES THEREFORE AGREE AS FOLLOWS: I. The City will contribute $500,000.00 ("funds") to the Trust Fund to support affordable housing by September 1, 2018. 2. The Trust Funds will use the funds for affordable housing projects as follows: a. All units assisted must serve households under 80% area median income. The project itself may have units designated for higher incomes, but the units assisted by the funds must be serve households under 80% area median income. b. The projects must be located within the corporate limits of Iowa City. c. The sites must be in compliance with the City's Affordable Housing Location Model, as amended annually. d. Quarterly reports must be provided to the City Neighborhood Services Coordinator beginning January 1, 2019 and continuing thereafter until all funds have been allocated and all units are occupied by eligible households. The reports must include the following information on each project: I) Address and developer; 2) Amount of funds allocated; 3) Description of development, such as 12-plex or 20 -unit tax project for seniors; and 4) Status of construction. e. No funds may be used for project delivery or administrative expenses. Dated, this 21st day of August, 2018. CITY OF IOWA CITY, IOWA By: Q off Fruin City Manager HOUSING TRUST FUND OF JOHN'Tracey COUNTY C.B A henbach Executive Director City Attomey's Office r �Y_.:.-4 CITY OF IOWA CITY min MEMORANDUM Date: August 13, 2018 To: City Council From: Geoff Fruin City Manager Re: Housing Trust Fund of Johnson County Memorandum of Understanding Introduction At the August 7, 2018 City Council meeting, Council deferred a vote on a resolution authorizing the City Manager to sign a memorandum of understanding with the Housing Trust Fund of Johnson County for the fiscal year 2019 Affordable Housing Fund contribution. The vote was deferred pending further information as to whether the maximum income level of the households served through the City of Iowa City contribution could be capped at 60% of area median income (AMI). Currently, the use of the City's Housing Trust Fund contribution is restricted to projects within Iowa City, that comply with the Affordable Housing Location Model, serve families under 80% of AMI, and cannot be used for administrative expenses. The Trust Fund is also required to submit quarterly reports to the City. Background/Analysis Currently the Housing Trust Fund reports to the Iowa Finance Authority (IFA) household income levels at the thresholds of 30% and 80% of AMI. However, the majority of renting households served by the Trust Fund are below 30% of AMI and only two of the renting households served since 2010 exceeded 65% of AMI. Deviating from IFA's standard reporting will add administrative work but does not seem it would have a significant impact on the families served. Leveraging Outside Funds Housing Trust Fund dollars are used to leverage outside funds for projects; these funding sources may have income requirements. It is important for Trust Funds to maintain flexibility with local funding in order to capitalize on these opportunities. For instance, Low Income Housing Tax Credit (LIHTC) applications are scored in part based on the household income mix of the property. Projects with a variety of household income levels may be more likely to access millions of dollars through these tax credits projects often include market rate units. Should Council wish to move forward with setting a maximum of 60% AMI for projects it is recommended that projects that leverage state and federal dollars be exempted from this policy. Homeownership Furthermore, homeownership programs are generally administered differently than rental project support. Typically, programs targeted for homeownership opportunities have higher August 14, 2018 Page 2 household income maximums. Homeownership not only requires the financial capacity to repay a home loan, owners must also have the ability to complete maintenance and emergency repairs. The Housing Trust Fund of Johnson County Board President and Executive Director have submitted a letter outlining their concerns with implementing this new policy. That letter follows this memo. Recommendation Given the lack of practical impact in setting a maximum household income level at 60% of AMI coupled with the additional administrative duties that would be required, staff recommends continuing with the current restrictions on the use of funds. Should Council desire to move forward with setting a maximum of 60% AMI, staff recommends exempting projects utilizing state and/or federal funds, as well as homeownership projects. Potential language for amending the Memorandum of Understanding is below. 2. The Trust Fund will use the funds for affordable housing projects as follows: a. All rental units assisted must serve households under 60% area median income. The project itself may have units designated for higher incomes, but the units assisted by the funds must be serve households under 60% area median income. Rental projects that leverage state and/or federal funds and homeownership programs may serve households under 80% area median income. 2. The Trust Fund will use the funds for affordable housing projects as follows: a. All units assisted must serve households under 80% area median income. The project itself may have units designated for higher incomes, but the units assisted by the funds must be serve households under 80% area median income. Units serving households under 60% area median income shall be prioritized when practicable. Housing Trust Fund JohnsonrCounty Housing Trust Fund of Johnson County 322 East Second Street Iowa City, IA 52240 Email: tachenbach@htffc.org Website: www.htbc.org Office: 319.358.0212 Fax: 319.358.0053 Board ofDirectors All organizations that are awarded grants or loans from HTFJC are required to submit Bob Dvorsky, President August 10, 2018 State Senator, 374 Distria annually throughout the affordability period. Upon review of the reports that were Ellen Habel, President Elect submitted for only rental projects awarded between 2010 and 2018, we realized that City of Coralville only two of the 90 renter households had income that exceeded 65% AMI, and 67 of the Ron Mavrias, secretary Geoff Fruin, City Manager Private Citizen 410 E Washington St John warren, Treasurer Iowa City, Iowa 52240 Began KDV --------------- Re: Assisted Households Income limits Simon Andrew, City of Iowa AMI, there would have been five households that would not have been income- ncome- Gtv Dear Geoff, Jerry Anthony, University of to understand how someone at 60% AMI is considered to be in need of assistance, but Iowa, Urban &ROonalPlanning The purpose of this letter is to provide some more information in regard to income Robert Brooks, Private Cidtien levels of households assisted through the Housing Trust Fund of Johnson County Molly Brown, Hili Bang & (HTFJC) revolving loan fund and grant programs. Trust Co. Bob Burns, Burns & Burns, As you are aware, HTFJC is required by the state housing trust fund program to assist L C. households with income below 80 percent of the area median income (AMI). Further, Crissy Garxganelli, Shelter House HTFJC is also required to utilize 30 percent of its state housing trust fund program grant to assist households below 30% AMI. When HTFJC submits semi-annual reports Maryann Dennis, Ex-gg o The Housing Fellowship to the Iowa Finance Authority (IFA), showing both state dollars and local government dollars spent, we have only two options for listing income levels — 30% or 80%. As a Kirsten Frey, .Kennedy, Cruise, result, that is how we track income levels internally — noting whether households are Fry and Gelner below 30% or below 80% AMI. This can be misleading; however, because many Steve Gordon, Ammanagement households that have been assisted by HTFJC over the years have incomes well below Steve Long, Eagle View 80% AMI but over 30% AMI. Partners, LC All organizations that are awarded grants or loans from HTFJC are required to submit Tracey Nluleahey, City ofNorth Lfher y reports that list the income levels of the assisted households upon award or move in and annually throughout the affordability period. Upon review of the reports that were Phil O'Brien, Urban Acres Real submitted for only rental projects awarded between 2010 and 2018, we realized that Estate only two of the 90 renter households had income that exceeded 65% AMI, and 67 of the Scott Schroeder, MrdWestOne households had income below 30% AMI. This indicates that while we may require Bank organizations assist households with income below 80% AMI, HTFJC funds are actually being used for projects that assist households at much lower income levels. Rod SulIivan,]ohnson County Board ofsupervisors Further, if HTFJC would have been restricted to only assist households below 60% Larry Wilson, Private Citi,_en AMI, there would have been five households that would not have been income- ncome- qualified qualifed — one was at 61 % AMI; two at 64% AMI, and one at 66% AMI. It is difficult staff to understand how someone at 60% AMI is considered to be in need of assistance, but Tracey Achenbach, not someone at 61, 64 or 66% AMI. These percentage differences in qualification are Executive Director more impactful for those at lower income levels. HTFJC advocates for keeping the Casey Cooper Operations Coordinator renter income threshold for assisted households at 80% AMI, because it has been demonstrated that lower income households have historically been assisted without a lower income threshold in place, and it would eliminate Iower income households who are in the 60 to 80% AMI range. Because home ownership opportunity is difficult to create for households below 80% AMI in Johnson County, HTFJC advocates for keeping the income level at 80% ANTI for homeownership projects, as well. According to the Iowa Association of Realtors, the Iowa City Area had the highest average sales price in the state in 2017, at $228,053. The HUD income threshold for a family of four at 60% AMI would have annual income of $52,080, and the family would have a maximum of $1,302 available per month for housing. Given the income, and assuming the family utilizes a program that only requires a 3% down payment, the family could borrow $190,000. Given the average sales price in 2017 of $228,053, the household would need assistance of $38,053 in order to purchase the average home. That does not take into consideration the three percent down payment they had to use of their own or the funds they will need in the future as a homeowner for repairs and upkeep. It is just not feasible to suggest that home owners have income below 60% AMI in order to be assisted by HTFJC. For the reasons shown above, the Housing Trust Fund of Johnson County encourages the City of Iowa City to not lower the income levels for those households assisted with City funds through its affordable housing program and given to HTFJC. If you have any questions or need further information, please do not hesitate to contact me. Sincerely, 0 — Obert Dvorsk Board President Tracey Ach Bach Executive Director Item Number: 16. I r I, CITY OF IOWA CITY �n- COUNCIL ACTION REPORT August 21, 2018 Resolution approving Agreement for Temporary Use of Public Property between the City of Iowa City and Steve Hou for wall space on the interior of the Harrison Street Parking Facility in Iowa City, Iowa. Prepared By: Eric R. Goers, Asst. City Attorney Reviewed By: Darian Nagle -Lamm, Transportation Department Director Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Temporary Use of Public Property Agreement Executive Summary: The City's Harrison Street Parking Facility includes a concrete brick wall that divides the parking facility and the Sabin Townhomes. Each townhome has a walkthrough door leading to the parking facility where the resident has an option to purchase up to two parking permits and up to two reserved parking spaces. Steve Hou owns one of the townhomes and has requested permission to install, on the wall between his townhome and our facility, a charging station for his electric vehicle. Installation will be at his cost, and he will provide the electricity required to charge his vehicle. The proposed action will approve the agreement with Steve Hou and authorize Transportation Services the authority to approve similar agreements in the future. Background /Analysis: ATTACHMENTS: Description Resolution Temporary Use of Public Property Agreement 1(0 Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution number 18-249 Resolution approving Agreement for Temporary Use of Public Property between the City of Iowa City and Steve Hou for wall space on the interior of the Harrison Street Parking Facility in Iowa City, Iowa. Whereas, Steve Hou is the owner of one of the new Sabin townhomes in Iowa City; and Whereas, Hou's property abuts the City's Harrison Street Parking Facility, where he has secured one or more permits to park an electric motor vehicle, and Whereas, Hou has requested permission to install, at his cost, a motor vehicle charging station on the wall of the Facility to charge his electric vehicle with electricity supplied by Hou; and Whereas, the City believes such an installation, including drilling a hole through the facility's firewall, can occur without damage to the City facility, and is willing to grant Hou permission to install the charging station, subject to written design approval, as well as several other conditions contained in the attached Agreement for Temporary Use of Public Property; and Whereas, the City also wishes to delegate authority to the City Manager, or designee, to approve future Temporary Use of Public Property agreements for installation of electric vehicle charging stations in the Harrison Street Parking Facility under similar terms and conditions; and Whereas, it is in the public interest to approve this Agreement for Temporary Use of Public Property. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Agreement for Temporary Use of Public Property, attached hereto, is approved. 2. The City Manager, or designee, is authorized to execute the attached Agreement for Temporary Use of Public Property. 3. The City Manager, or designee, is hereby authorized to manage the attached Agreement for Temporary Use of Public Property Lease Agreement, with the assistance of the City Attorney. 4. The City Manager, or designee, is hereby authorized to approve future Temporary Use of Public Property agreements for installation of electric vehicle charging stations in the Harrison Street Parking Facility under similar terms and conditions to the one attached hereto. Resolution No. i ft-9Gq _ Page 2 Passed and approved this 21st _day of August, 2018, Mayor Appro by Attest: �Je-1...e City Clerk (J City Attorney's Office It was moved by Mims and seconded by adopted, and upon roll call there were: Cole the Resolution be Ayes: Nays: Absent: x Vacant— Botchway seat x Cole x Mims x Salih x Taylor x Thomas x Throgmorton Agreement for Temporary Use of Public Property between the City of Iowa City and College Avenue Apartments LLC for wall space on the interior of the Harrison Street Parking Facility in Iowa City, Iowa. This Agreement is made by and between College Avenue Apartments LLC and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City." Whereas, College Avenue Apartments LLC (hereinafter "Owner") is the fee Owner of certain real estate addressed as 551 S. Dubuque St., Iowa City, IA 52240; and Whereas, Owner's property abuts the City's Harrison Street Parking Facility (hereinafter, "Facility"), where Owner has secured one or more permits to park an electric motor vehicle; and Whereas, Owner has requested permission to install a motor vehicle charging station on the wall of the Facility to charge his electric vehicle, at Owner's cost; and Whereas, the City believes such an installation, including drilling a hole through the Facility's firewall, can occur without damage to the City Facility, and is willing to grant Owner permission to install the charging station, subject to written design approval, as well as several other conditions. Now, Therefore, in mutual consideration of the promises herein, Owner and the City agree as follows: 1. In consideration of Owner's promises herein, City agrees to permit Owner to construct and maintain an electric vehicle charging station on the interior firewall of the Facility above Owner's permitted space immediately outside his residence at 551 S. Dubuque St., subject to approval of the City's Transportation Services department. 2. Owner shall comply with any and all permit or Code requirements governing the installation or maintenance of the charging station. 3. Owner agrees to remove any or all aspects of the charging station, and return the Facility to its original condition, within thirty (30) calendar days after City gives written notice of removal to the Owner. If Owner fails to remove the charging station as required, the City may remove the charging station and restore the Facility, and the cost thereof shall be billed to Owner for payment to City. Upon Owner's failure to promptly pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Code of Iowa (2017). 4. Owner, together with Owner's successors and assigns, agrees to indemnify, defend, and hold City harmless in connection with any liability whatsoever arising in regard to the installation, maintenance, use, location, existence, or repair of said charging station within the Harrison Street Parking Facility, including any liability which the City may incur as a result of its decision to allow placement of said charging station within the Harrison Street Parking Facility. Owner may later be required to carry liability insurance coverage, but such coverage is now waived by the City. If the City elects to enforce the insurance requirement and the insurance is not maintained, the City shall have the right to remove the charging station following thirty (30) calendar days prior written notice to the Owner. The cost of such removal shall be assessed as a lien against the property and collected as a property tax in the manner provided in Section 364.12(2)(e), Code of Iowa (2017). No compensation shall be provided to Owner for loss of use of the Harrison Street Parking Facility space if City determines that the use of the Harrison Street Parking Facility shall be returned to the City. 5. Owner acknowledges and agrees that no property right is conferred by this grant of permission to use the wall space of the Harrison Street Parking Facility, and notwithstanding Paragraph three (3), that the City may order that said charging station be removed at any time if, for any reason, the Transportation Services Director determines that the property upon which the charging station is located should be cleared of any and all obstructions without compensation or reimbursement to Owner. 6. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. 7. This Agreement for Temporary Use of Public Property shall be recorded in the Johnson County Recorder's Office, at Owner's expense. Dated this 2-1 s" day of 2018. City of Iowa City \1 M1 Darian.Nagle-kGamm Transportation Services Director Ap - ed by: City Attorney's Office State of Iowa ) ) ss: Johnson County ) Owner By: College Avenue Apartments LLC Owner of 551 S. Dubuque St., Iowa City City Acknowledgement On this IS day of 2018, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Darian Nagle-Gamm, to me personally known and who, being by me duly sworn, did say that she is the Transportation Services Director of the City of Iowa City, Iowa; that the instrument was signed on behalf of the corporation, by authority of itsity Councjl, as cpntained in Resolution No. 19 `a97 passed by the City Council, on the M44 -clay of- "L_, 2018, and that Darian Nagle-Gamm acknowledged the execution of the instrument to be her voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. NotaryPu�blic in and for the State of Iowa My commission expires: Owner Acknowledgement State of Iowa ) ss: Johnson County ) This instrumnt was acknowledged before me on �0✓e rr� 6e (— `� 2018 by Ying Sa, hi �er- of College Avenue Apartments LLC, to me personally known and who, being by me duly sworn, did acknowledge the execution of the instrument to be his voluntary act and deed. � G—e Notary Public in a for the State of 1 wa My Commission expires: KELLIE K. FRLENLING Camniaion N rAW 221818 Mr C&= xpm Agreement for Temporary Use of Public Property between the City of Iowa City and Steve Hou for wall space on the interior of the Harrison Street Parking Facility in Iowa City, Iowa. Th Agreement is made by and between Steve Hou and the City of Iowa City, to a municipal corp ration, hereinafter referred to as "City." Wherea , Steve Hou (hereinafter "Owner") is the fee Owner of certain r estate addressed as 551 S. D uque St., Iowa City, IA 52240; and Whereas, OXer's property abuts the City's Harrison Street arking Facility (hereinafter, "Facility"), wher Owner has secured one or more permits to par an electric motor vehicle; and Whereas, Owner hXs requested permission to install a mo r vehicle charging station on the wall of the Facility to cha\belies ic vehicle, at Owner's co ; and Whereas, the City h an installation, in uding drilling a hole through the Facility's firewall, can occur wge to the City Faci' y, and is willing to grant Owner permission to install the charging sct to written desi n approval, as well as several other conditions. Now, Therefore, in ideration of a promises herein, Owner and the City agree as follows: 1. In considerationof Owner pr ses herein, City agrees to permit Owner to construct and maintain an electric v&illee charging station on the interior firewall of the Facility above Owner's permitted smmediately outside his residence at 551 S. Dubuque St., subject to approval of 's Transportation Services department. 2. Owner shall comply th any a d all permit or Code requirements governing the installation or mainten nce of the ch rging station. 3. Owner agrees to move any or all spects of the charging station, and return the Facility to its orig' al condition, within t 'rty (30) calendar days after City gives written notice of remov to the Owner. If O er fails to remove the charging station as required, the C' y may remove the chargin station and restore the Facility, and the cost thereof shall e billed to Owner for paymen to City. Upon Owner's failure to promptly pay said bilj g, the removal costs shall be rtified to Johnson County as a statutory lien and as essed against the property and co cted in the same manner as a property tax, as pr uided in Section 364.12(2)(e), Code o owa (2017). 4. Owner together with Owner's successors and as ns, agrees to indemnify, defend, and h d City harmless in connection with any liabilit whatsoever arising in regard to the /as ation, maintenance, use, location, existence, &r repair of said charging station the Harrison Street Parking Facility, including any\liability which the City may incur esult of its decision to allow placement of said cha ing station within the Harrison Parking Facility. Owner may later be require to carry liability insurance ge, but such coverage is now waived by the City. If e City elects to enforce the nce requirement and the insurance is not maintained, e City shall have the right ove the charging station following thirty (30) calendar s prior written notice to wner. The cost of such removal shall be assessed as a 'en against the property ollected as a property tax in the manner provided in Sectio 364.12(2)(e), Code of Iowa (2017). No compensation shall be provided to Owner f4, loss of use of the Harrison Street Parking Facility space if City determines that the use of the Harrison Street Parking Facility shall be returned to the City. 'I 5. Owner acknowledges and agrees that no property right is conferreAy this grant of permission to use the wall space of the Harrison Street Parking Facility, and notwithstanding Paragraph three (3), that the City may order that said charging station be removed at any time if, for any reason, the Transportation Services Director determines that the property upon which the charging station is located sho d be cleared of any and all obstructions without compensation or reimbursement to ner. 6. This Ag\Recorder's l constitute a covenant running with the land, and all be binding upon ato the benefit of the respective heirs, success in interest, and assignss. 7. This Agemporary Use of Public Property shall b recorded in the Johnson County ffice, at Owner's expense. Datedthis 21stdayof AuR4t 2018. pity of low ,pty C r" E Dgria e-Gamm K` s rtation Services Director Ap ved by: City Attorney's Office City Acknowledc State of Iowa ) 1 ss: Steve Hou Owner of 551 S. Dubuque St., Iowa City Johnson County/for On this f H �1C'r �' 2018, ofNotary Public in ane State of Iowa, personally appeare Epersonally known , being by me duly sworn, did say tServices Director oof Iowa City, Iowa; that the instrument corporation, by autits City Council, as contained in Resoluti the City Council, s++day of yuc,rc� 2018, and acknowledged then of the instru nt to be her volunt voluntary act and de corporation, by it voluntarily executed. Notary Public in and My commission expires: e me the undersigned, a tan Nagle-Gamm, to me she is the Transportation as signed on behalf of the i No. 18-alt`j passed by I Darian Nagle-Gamm v act and deed and the of Iowa State of Iowa Johnson County This instrument w� Hou, to me person of the instrument tc Item Number: 17. I r I, CITY OF IOWA CITY �n- COUNCIL ACTION REPORT August 21, 2018 Resolution assessing $300.00 civil penalty against Smokin' Joe's #19. Prepared By: Eric Goers, Asst. City Attorney Reviewed By: Eleanor Dilkes, City Attorney Fiscal Impact: The City keeps proceeds of civil penalties for tobacco sales violations if the City prosecutes the offenses, as we are herein. Recommendations: Staff: Approval Commission: N/A Attachments: Citation Resolution Executive Summary: The Police Department and City Attorney's Office recently took over prosecution of tobacco violations from the County Attorney, and is working to process them. Background /Analysis: ATTACHMENTS: Description Citation Resolution Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 18-250 Resolution assessing $300.00 civil penalty against Smokin' Joe's #19 Whereas, on December 7, 2016 an employee of Smokin' Joe's #19, 1901 Broadway Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and Whereas, at the time of the violation, Smokin' Joe's #19 was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2) and §453A.47A(11), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice; and Whereas, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Smokin' Joe's #19 and at said hearing the City Council heard the facts of the violation and the arguments of the retailer, if any; and Whereas, this violation is the first such violation of an employee of Smokin' Joe's #19 within a two year period to be considered by the City Council under Iowa Code §453A.22(2). Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council, after notice and hearing, pursuant to Iowa Code §453A.22(2) and §453A.47A(11) hereby imposes a civil penalty in full, and if the civil penalty is not timely paid any applicable permit held by the retailer shall automatically be suspended for a period of (14) days, in addition to the $300.00 civil penalty. Be it further resolved, that the City Clerk will forward a copy of this Resolution to the Iowa City Police Department, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit, with a copy to the City Attorney's Office. 21st Agust Passed and approved thisAu_day of g�, 2018. Maor Attest: Ci Clerk Appr ed by City Attorney's Office 11 Resolution No. 18-250 Page 2 It was moved by Mims and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x vacant- Botchway seat x Cole x Mims x Salih g Taylor x Thomas X_ Throgmorton In the Court si 417 S. CUNWIN SMEET JOHNSON COUNTY OQUIRMOUff, NAW: �'acl.� Tal IC_ m A k./aUj,o.. A Addrm Ni a P Ekm x tluf p City state-zip1.� SS/DL# 4 - _ ',C --state==Co. # DL Class DL End DL Re i. '— DL /State R? Vim`f. Yes ❑ NOK- DQS Roc Fthtl.JU MSts1t_HtWt,�'� The undersigned states drnt an or about at K _ Q AM 4CPM dcfehdaot did tmluwtillly: e• Yr. Opaft Motor VebiddBoat (descrbe) CDL Rag? Yes © NoQ Pass Fad, Reg? Yes [I Ido(] HaxMat End Req, YesO No[) R% # State Year Upon a Public highway at j MO Located in dee comity and state afommil ad did 11M and thele commit d w following otreuso: QTtsll`tc Qldavigaaiof QsnowmobUWATV OFiskXmm Elpwka JIQr d wo ftheduled Viv.Tinc 3 Qin Q Road Consiruction 7nme 30 Non -Scheduled Moletion S'm0 s= SM Q Court Appmursncc Required 1805.Jo1 D� Reason: Do Colatt Costs S OF.I• ❑F.17. 01500) Aeddent ❑Fatal Aocidem Not Total Finwrostr 5 130vil Dauser Aasesatmt Violation Writo Spud In Zone -Seo. # 5Y5 ._. IA Code DATA CODE Fc&Adrn, Code Ltu1 OM, In I cwtify under pees* of ptx}urY and lrmsttent to the laws of eke $fate of Iowa that f]r Fr"O ttg is true and eoiMu This Dad .. NCI r;_4j Ar10 IC4 o. flay Yr. OJllo Sipaotwe Ip I*x SPM - t atirr Date: If you moat appear in cant or if You chum to appow to answer a chap !rt_l cot gaire ao umvaltce. report to to nap,ed uonrt on, lalo. Yr. at — — 11 PM N(MC E: Providing t9tice iaformatiolt is a violation of Section 719.3 of the Code of Iowa and is puaiakabIc as an vated mor. %1y signature below- is not a plea of guihy, but aLkncr*iedges all of the followt•inte: 1. 1 hereby smear and d &m Chu Sae informalim provided by roc oa the dWon is vue ander peachy of luvviding tblae its W luiou 7. 1 Promos b appear in said court n said lime and place, or J will comply with the provision on rhe top of Ow revpae side of the eiudw, r Tho following applies to simple mdeoaeaapta isonly: A 3- 1 berday give my wwwwad appauwm bund or daa mnouat of 21h� dvIlm cad Calm my wrir♦en appearaaoe. I agree dune if 1 fail to appear in person or by counsel to dcfkn d op um Ik ageow dWW in Us ciftfift the totals is atobor and m Baler a cmwiclion and render judgment agaitmt nae for &manor of my appewsoce bond inIii faction of�lY sindiap pku court cacti. 1 .r_ r <��TA o(s 6 -�_6-7 OT -CM COMPLAINT $IBES Q NON -RES D OC ff.$'C$R IOWA UMFORM CITATION AND COMMAINT Q HIS 9WON-HIS IOWA CRY OUCE DEPAIUMENT ARMED 17 YES IVao PLAINTIFF: INC I !State t CountyuCountyofof. : p — JQNNSON .. hu.: ..,. ,. _ !� M� 2 30092 Q City of IOWA CITY In the Court si 417 S. CUNWIN SMEET JOHNSON COUNTY OQUIRMOUff, NAW: �'acl.� Tal IC_ m A k./aUj,o.. A Addrm Ni a P Ekm x tluf p City state-zip1.� SS/DL# 4 - _ ',C --state==Co. # DL Class DL End DL Re i. '— DL /State R? Vim`f. Yes ❑ NOK- DQS Roc Fthtl.JU MSts1t_HtWt,�'� The undersigned states drnt an or about at K _ Q AM 4CPM dcfehdaot did tmluwtillly: e• Yr. Opaft Motor VebiddBoat (descrbe) CDL Rag? Yes © NoQ Pass Fad, Reg? Yes [I Ido(] HaxMat End Req, YesO No[) R% # State Year Upon a Public highway at j MO Located in dee comity and state afommil ad did 11M and thele commit d w following otreuso: QTtsll`tc Qldavigaaiof QsnowmobUWATV OFiskXmm Elpwka JIQr d wo ftheduled Viv.Tinc 3 Qin Q Road Consiruction 7nme 30 Non -Scheduled Moletion S'm0 s= SM Q Court Appmursncc Required 1805.Jo1 D� Reason: Do Colatt Costs S OF.I• ❑F.17. 01500) Aeddent ❑Fatal Aocidem Not Total Finwrostr 5 130vil Dauser Aasesatmt Violation Writo Spud In Zone -Seo. # 5Y5 ._. IA Code DATA CODE Fc&Adrn, Code Ltu1 OM, In I cwtify under pees* of ptx}urY and lrmsttent to the laws of eke $fate of Iowa that f]r Fr"O ttg is true and eoiMu This Dad .. NCI r;_4j Ar10 IC4 o. flay Yr. OJllo Sipaotwe Ip I*x SPM - t atirr Date: If you moat appear in cant or if You chum to appow to answer a chap !rt_l cot gaire ao umvaltce. report to to nap,ed uonrt on, lalo. Yr. at — — 11 PM N(MC E: Providing t9tice iaformatiolt is a violation of Section 719.3 of the Code of Iowa and is puaiakabIc as an vated mor. %1y signature below- is not a plea of guihy, but aLkncr*iedges all of the followt•inte: 1. 1 hereby smear and d &m Chu Sae informalim provided by roc oa the dWon is vue ander peachy of luvviding tblae its W luiou 7. 1 Promos b appear in said court n said lime and place, or J will comply with the provision on rhe top of Ow revpae side of the eiudw, r Tho following applies to simple mdeoaeaapta isonly: A 3- 1 berday give my wwwwad appauwm bund or daa mnouat of 21h� dvIlm cad Calm my wrir♦en appearaaoe. I agree dune if 1 fail to appear in person or by counsel to dcfkn d op um Ik ageow dWW in Us ciftfift the totals is atobor and m Baler a cmwiclion and render judgment agaitmt nae for &manor of my appewsoce bond inIii faction of�lY sindiap pku court cacti. 1 .r_ r Item Number: 18. I r , CITY OF IOWA CITY UNESCO CITY OF LITERATURE r ,� CITY OF IOWA CITY COUNCIL ACTION REPORT August 21, 2018 Resolution assessing $300.00 civil penalty against Almost Paradise. Prepared By: Eric R. Goers, Asst. City Attorney Reviewed By: Eleanor Dilkes, City Attorney Fiscal Impact: The City keeps proceeds of civil penalties for tobacco sales violations if the City prosecutes the offenses, as we are herein. Recommendations: Staff: Approval Commission: N/A Attachments: Citation Resolution Executive Summary: The Police Department and City Attorney's Office recently took over prosecution of tobacco violations from the County Attorney, and is working to process them. Background /Analysis: ATTACHMENTS: Description Citation Resolution Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244,319-356-5030 Resolution number: 18-251 Resolution assessing $300.00 civil penalty against Almost Paradise Whereas, on December 7, 2016 an employee of Almost Paradise, 355 S. Linn Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and Whereas, at the time of the violation, Almost Paradise was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2) and §453A.47A(11), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice; and Whereas, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Almost Paradise and at said hearing the City Council heard the facts of the violation and the arguments of the retailer, if any; and Whereas, this violation is the first such violation of an employee of Almost Paradise within a two year period to be considered by the City Council under Iowa Code §453A.22(2). Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council, after notice and hearing, pursuant to Iowa Code §453A.22(2) and §453A.47A(11) hereby imposes a civil penalty in full, and if the civil penalty is not timely paid any applicable permit held by the retailer shall automatically be suspended for a period of (14) days, in addition to the $300.00 civil penalty. Be it further resolved, that the City Clerk will forward a copy of this Resolution to the Iowa City Police Department, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit, with a copy to the City Attorney's Office. Passed and approved this 21stday of August 2018. Ma�rbr Attest: " City Clerk City Attorney's Office M Resolution No. 18-251 Page 2 It was moved by Thomas and seconded by Resolution be adopted, and upon roll call there were: Salih the Ayes: Nays: Absent: x vacant- Botchway seat x Cole x Mims x Salih x Taylor x Thomas x Throgmorton OT -CM COMPLAW ORES D NON -RES 0 oo ft -C&R WWA L-MKWM: RATION AND COMPLAWT 11 HIS 4IUN-H15 IOWA CITY POLICE DEPAMMWW ARMED DYES 0* 0 PLAINTIFF: INC N "' j dStatc of Iowa 7 LicNO 230091 D County of:.�. JOHNSON No.: City of. IOWA CRY In the.Courtat 417 S- WNTON STREET. JOHNSON t)UNTY COURTHOUSE Vs. NAME: Address City aim d j rql State -JA Zip SA&TM' SSlDL.# State TA .4 OL Class DL End DL Rest. DL IStW ID Viowod? Yes D Not DOB 1 1211159 Race Ethn. Sex M Ht. Wt. The undersigned states that on or VNIM atlOut ad Jj.51q__ U AM n PM defeadmAdidunlawfully: Mo, Day Yr. Operate Motor vdtic3effioat (describe) CDL Req? Y=D Nos Pass End. Rel? YOSD NOD HsaMat Sad Req. Ye513 Noll Re& * Yeas Upon a public higbway m Located in the county and state albresaid and did thea and thtse commit the NOW"* Offense: CTraffic L] Navigation D snowmobiwATv nPish-Game 13Pwh iigd aeeo 4elteduled nits/11ne T j C) 6.62.D Road f'ongimctirm Zone rix DNnn-SchcduiedViolation stacbarge $ , D Cwut appearance RCquired (805. I nl sm Rea": DO COwtCimts S_ [� �' OPl. 0P.D. ($1500) Accident Motal Accident Not Total Dine tiaats s. ,JIB~ ❑LivilDamp Assessraaat Violalicsi fmnovm ,�'PJ'u1Q �C `1� stn, Write Spc*d In Zone -Sec. A •ter IA Code DATA CODE FedfAdm. Code Local Ord. in I emlify udder penalty of pedury and perwaat to the Laws of the StaQ<c of twva slut the pmoedmg is true and convel. This f)atadNo. Do Yr. p�q+s SigrrM1►ns ID Oro Space ('Hurt l)eic: $!'you must appear in coni or if you choraic to appear to answers charge whic nod requite an ( Ycport tO the named court on: _ a �'AM DPM 1407U.T: Providing Use Infortnetian is a violation of Section 714.3 Of the (ode of Iowa and is punishable as au aggravated tnisdenteartor. My signatufv below is not a plea Of guilt_r•, but ackntewlodge s ell Of the fallowing: 1. I hereby swan and dfim do des kdnp n W= provided by me on this citation is nue ander peuslty of providing $Ise brant dion. with the eseon an the 2. 1 premise tipapprar in said cont at said time and place. or I evils comply pru top Of the reverse aide of tbt ch4on. N The following applies to simple misdam00nues Only: �,, 3. 1 bersby give my unwound ed aP O 0 $toad in *w amount of i ` this and cow my "Own appasmocc, d agree dist if I fwi to appesf is person Or ly coueesel to dOfand 044hM Ila nth= dwgwl ur this army , the wmt bund in sadsfuamuoOf the pawlty Anddwuclar c Plus cum' tar the amount army eppwranee tpess+ne of TkAmdom