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Home My WebLink About2020-09-15 ResolutionItem Number: 5.c. CITY OF IOWA CITY www.icgov.org September 15, 2020 1. Resolution to issue a Cigarette Permit for Al -Salam International Foods, dba Al -Salam International Foods, 787 Mormon Trek Blvd. ATTACHMENTS: Description Cigarette Resolution Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, ]A 52240 (319) 356-5043 Resolution Number: 20-216 Resolution to Issue Cigarette Permits Whereas, the following firms and persons have made an application and paid the taxes required by law for the sale of cigarettes, tobacco, nicotine and vapor products. Now, Therefore, be it Resolved by The City Council of Iowa City, Iowa, That: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes, tobacco, nicotine and vapor products: Al -Salam International Foods - 787 Mormon Trek Blvd. Passed and approved this 15th day of September 2020 / Mayor It was moved by Thomas and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: X X X X X X X Nays: Absent: Bergus Mims Salih Taylor Teague _ Thomas Weiner Item Number: 6.a. CITY OF IOWA CITY `�� COUNCIL ACTION REPORT September 15, 2020 Resolution approving the City Street Finance Report for the fiscal year ending June 30, 2020. Prepared By: Nicole Davies, Assistant Finance Director Reviewed By: Dennis Bockenstedt, Finance Director Fiscal Impact: If not approved and submitted by September 30, 2020 the City could risk losing annual Road Use Tax funding. For fiscal year 2021, this is budgeted at $8,820,140. Recommendations: Staff: Approval Commission: N/A Attachments: FY 20 Street Finance Report Resolution Executive Summary: Iowa Code section 312.14 requires all cities to submit the Street Finance Report (SFR) to the Iowa Department of Transportation (DOT) by September 30 of each year. In accordance with Iowa Code section 312.15, the Iowa DOT must notify the state treasurer of each city not in compliance with this requirement. Once notified, the state treasurer will withhold the Road Use Tax (RUT) funds allocated to the city until the city complies. If a city has not filed its report by December 31 of the same year, RUT funds shall not be allocated to that city and all funds withheld under this provision shall revert to the street construction fund of the cities. Background /Analysis: The Street Finance Report is required to include revenues and expenditures in the Road Use Tax Fund, and any other funds that have revenues and expenditures for street purposes only and Debt Service which includes bonds, notes and loans for only street related revenues and expenditures for any debt service payments. Road Use Tax receipts for the City of Iowa City for fiscal year 2020 were $8,722,871. Expenditures covered by RUT funds totaled $9,738,528 including $2,800,532 transferred to capital projects funds for street/bridge construction, $1,314,020 for traffic control and street lighting and $825,039 for street cleaning and snow removal. Other funds' receipts were $24,240,631. This includes the streets/bridges portion of General Obligation debt of $8,476,340, property taxes of $6,991,668, state grants of $3,520,226 and transfers in from the Road Use Tax Fund of $3,166,098. Other funds' expenditures were $17,678,038, including expenditures for street/bridge construction totaling $9,349,983 and debt service payments of $6,040,204. The street/bridge construction was comprised of various projects such as Pavement Rehabilitation projects in the amount of $1,147,781, the McCollister Blvd from Gilbert to Sycamore project in the amount of $1,433,929 and the Riverside Dr Asphalt Overlay project in the amount of $1,872,565. ATTACHMENTS: Description FY20 Street Finance Report Resolution Street Finance Report for Iowa City 2020 Expenses General Fund Streets (001) SpecialRevenues Debt Service (200) Capital Utilities Projects (300) (600 & Up) Grand Total Road Use Other (110) Salaries - Roads/Streets $82,326 $1,638,880 $283,240 $56,287 $2,060,733 Benefits - Roads/Streets $666,818 $23,356 $690,174 Training & Dues $1,892 $1,892 Building & Grounds Maint. & Repair $14,297 $4,922 $19,219 Vehicle & Office Equip Operation and Repair $34,920 $34,920 Operational Equipment Repair $5,788 $5,788 Other Maintenance and Repair $81,099 $1,700 $82,799 Engineering $1,767,308 $1,767,308 Insurance $160,000 $160,000 Legal $20,190 $20,190 Medical $450 $450 Printing $362 $1,493 $1,855 Rents & Leases $649,738 $649,738 Technology Expense $72,278 $72,278 Other Professional Services $420 $129,419 $129,839 Other Contract Services $17,536 $111,537 $129,073 Minor Equipment Purchases $692 $692 Other Equipment $1,245 $1,245 Office Supplies $513 $513 Operating Supplies $264,459 $264,459 Postage & Safety $8,684 $8,684 Other Supplies $108,802 $1,467 $110,269 Vehicles $538,425 $538,425 Furniture & Fixtures $5,650 $5,650 Heavy Equipment $22,763 $22,763 Other Capital Equipment $118,166 $30,159 $148,325 Land Purchase $18,036 $18,036 Right -of -Way $534,423 $534,423 Bridges & Culverts $18,974 $18,974 Street - New Roadway $829,944 $829,944 Street Finance Report for Iowa City 2020 Expenses General Fund Streets (001) SpecialRevenues Debt Service (200) Capital Projects (300) Utilities (600 & Up) Grand Total Road Use Other (110) Street - Preservation $3,126,141 $3,126,141 Street - Safety/Environment $2,349,011 $3,247 $2,352,258 Other Capital Outlay $27,023 $206,434 $233,457 Principal Payment $5,341,784 $51,881 $5,393,665 Interest Payment $698,420 $41,291 $739,711 Transfer Out $428,332 $3,166,098 $523,132 $280,935 $4,398,497 Parking $689,886 $689,886 Street Lighting $531,260 $531,260 Traffic Control/Safety $782,760 $782,760 Snow Removal $480,216 $480,216 Depreciation & Building Utilities $12,137 $12,137 Accounting/Recording $3,097 $3,097 Street Clean ng $344,823 $344,823 Total $510,658 1 $9,738,528 1 $806,372 1 $6,040,204 1 $9,346,736 1 $974,068 1 $27,416,566 Street Finance Report for Iowa City 2020 Revenues General Fund Streets (001) SpecialRevenues Debt Service (200) Capital Projects (300) Utilities (600 & Up) Grand Total Road Use Other (110) Levied on Property $428,332 $523,132 $6,040,204 $6,991,668 Interest $258,259 $258,259 Federal Grants $23,508 $23,508 State Revenues - Road Use Taxes $8,722,871 $8,722,871 Other State Grants - IDOT $3,520,226 $3,520,226 Charges/fees $139,406 $124,444 $970,821 $1,234,671 Proceeds from Debt $8,476,340 $8,476,340 Transfer In $82,326 $523,132 $283,240 $3,509,799 $4,398,497 Total $510,658 1 $9,385,409 $806,372 1 $6,040,204 J$15,912,576 1 $970,821 J$33,626,040 Street Finance Report for Iowa City 2020 Bond/Loan Description Principal Balance As of 7/1 Total Principal Total InterestPaid Paid Principal Roads Interest Roads Principal Balance As of 6/30 Public Works Facility Internal Loan $1,000,000 $51,881 $41,291 $51,881 $41,291 $948,119 2020 GO Bonds $12,145,000 $0 $0 $0 $0 $12,145,000 2019 GO Bonds $12,535,000 $4,125,000 $253,371 $1,656,582 $101,753 $8,410,000 2018 GO Bonds $8,085,000 $825,000 $242,550 $642,263 $188,825 $7,260,000 2017 GO Bonds $7,960,000 $920,000 $172,463 $538,200 $100,891 $7,040,000 2016 GO Bonds $6,785,000 $910,000 $154,450 $683,319 $115,976 $5,875,000 2015 GO Bonds $4,915,000 $765,000 $100,213 $475,218 $62,252 $4,150,000 2014 GO Bonds $4,875,000 $925,000 $128,825 $534,928 $74,499 $3,950,000 2013 GO Bonds $3,380,000 $820,000 $57,613 $360,800 $25,350 $2,560,000 2012 GO Bonds 1 $2,935,000 1 $955,000 1 $61,213 1 $450,474 1 $28,874 1 $1,980,000 Description Street Sweeper Elgin Pelican Dual 1 Ton Utility Cargo Van Ford E350 KUV Skid loader/Bobcat S650 Skidloader/Bobcat T650 13200 GVWR Utility Chevrolet 3500 19,500 GVWR 1-1/2 Ton Basket Truck Ford F550 Vibratory Roller Bomag BW120AD4 38000 GVWR Dump Truck/Freightliner M2106V 38000 GVWR Dump Truck/Freightliner M2106V 38000 GVWR Dump Truck/Freightliner M2106V 38000 GVWR Dump Truck/Freightliner M2106V 38000 GVWR Dump Truck/Freightliner M2106V 38000 GVWR Dump Truck/Freightliner M2106V Craftco Magnum Spray Asphalt Patcher Air Compressor Ingersol P185CWJD Air Compressor Ingersol P185CWJD Concrete Saw Target Pro 35 III Aerial Platform International Elliott 4700 John Deere Motor Grader 772CH 550 Ib Concrete Breaker Stanley MB05502 Endloader Case 721F Asphalt Pothole Patcher Falcon 2T 1 Burner 37240 GVWR Flusher Truck Frieghtliner 108SD 37240 GVWR Dump Truck Freightliner 108SD 37240 GVWR Dump Truck Freightliner 108SD 37240 GVWR Dump Truck Freightliner 108SD 37240 GVWR Dump Truck Freightliner 108SD 1/2 Ton Flatbed Ford F150 4x2 14000 GVWR Flatbed Ford F350 44 13700 GVWR Flatbed Ford F350 42 Endloader Case 621F 13700 GVWR Flatbed Ford F350 42 14000 GVWR Flatbed Ford F350 44 Street Finance Report for Iowa City 2020 Model Year Usage Typ 2015 Purchased 2016 Purchased 2014 Purchased 2019 Purchased 2016 Purchased 2010 Purchased 2009 Purchased 2010 Purchased 2010 Purchased 2010 Purchased 2010 Purchased 2010 Purchased 2010 Purchased 2004 Purchased 1993 Purchased 1998 Purchased 2004 Purchased 2001 Purchased 2000 Purchased 2012 Purchased 2012 Purchased 2012 Purchased 2014 Purchased 2014 Purchased 2014 Purchased 2014 Purchased 2014 Purchased 2014 Purchased 2015 Purchased 2015 Purchased 2013 Purchased 2015 Purchased 2015 Purchased Cost Purchased Status $187,000 No Change $34,076 No Change $41,779 Traded $35,003 New $42,362 No Change $80,629 No Change $33,840 No Change $105,000 No Change $105,000 No Change $105,000 No Change $105,000 No Change $105,000 No Change $105,000 No Change $50,645 No Change $11,200 No Change $11,200 No Change $8,584 No Change $101,129 No Change $130,000 No Change $5,990 No Change $127,750 No Change $20,036 No Change $121,016 No Change $118,334 No Change $118,334 No Change $118,334 No Change $118,334 No Change $24,685 No Change $49,116 No Change $38,844 No Change $120,644 No Change $37,873 No Change $47,260 No Change Description Skidloader Bobcat 5650 13700 GVWR Utility Ford F350 4x2 1/2 Ton Pickup Ford F150 4x2 Message Board Trailer Ver -Mac PCMS-548 38720 GVWR Dump Truck Freightliner 108SD 38720 GVWR Dump Truck Freightliner 108SD Sign Truck Ford F550 1/2 Ton Pickup Ford F150 XL Track Excavator Case CX145D-SR Air Compressor Sullivan Palatek D185PIZ4 Concrete Drill EZ Drill 210B 38720 GVWR Dump Truck Freightliner 108SD Street Paint Machine Graco Linelazer 5900 Street Paint Machine EZ -Liner AL-120EZ 1/2 Ton Pickup Ford F150 XL 4x4 Crew Cab Compact Pickup Chevrolet Colorado 4x4 Crew Cab Crack Sealer Craftco SS1250 Loader Backhoe John Deere 310SL 500 Ib Concrete Breaker Stanley MB05 38000 GVWR Dump Truck Freightliner 108SD Vibratory Roller Wacker Neuson RD12A-90 Street Sweeper Elgin Pelican Dual Planer Bobcat 24PLA Street Finance Report for Iowa City 2020 Model Year Usage Typ 2014 Purchased 2015 Purchased 2014 Purchased 2016 Purchased 2017 Purchased 2017 Purchased 2017 Purchased 2018 Purchased 2018 Purchased 2018 Purchased 2017 Purchased 2018 Purchased 2017 Purchased 2017 Purchased 2018 Purchased 2019 Purchased 2018 Purchased 2019 Purchased 2019 Purchased 2019 Purchased 2019 Purchased 2018 Purchased 2019 Purchased Cost Purchased Status $42,111 No Change $43,412 No Change $24,042 No Change $15,250 No Change $152,625 No Change $175,099 No Change $127,149 No Change $28,745 No Change $156,163 No Change $18,946 No Change $12,054 No Change $159,601 No Change $7,750 No Change $54,566 No Change $31,145 No Change $28,759 No Change $40,274 No Change $101,691 No Change $6,350 No Change $153,123 No Change $13,899 No Change $210,039 No Change $17,047 New Street Finance Report for Iowa City 2020 Project Description Contract Price Final Price Contractor Name 2016 Washington Street Streetscape $4,345,359 $4,217,029 Portzen Construction Mormon Trek Blvd 4 Lane to 3 Lane Conversion $1,416,120 $1,606,161 All American Concrete First Avenue Grade Separation $7,860,887 $8,009,136 Peterson Contractors, Inc. Burlington St. and Clinton St. Intersection Improvement $1,067,777 $1,055,769 Ricklefs Construction Street Finance Report for Iowa City 2020 Resolution Number: XXXXX Execution Date: 9/15/2020 Signature: Nicole Davies General SpecialRevenues Debt Capital Road Fund Utilities Grand Summary Streets Use Other Service Projects (600 & Up) Total (001) (110) (200) (300) Begining Balance $2,943,284 $12,138,160 $153,247 $15,234,691 Expense $510,658 $9,738,528 $806,372 $6,040,204 $9,346,736 $974,068 $27,416,566 Revenue $510,658 $9,385,409 $806,372 $6,040,204 $15,912,576 $970,821 $33,626,040 Ending Balance $2,590,165 $18,704,000 $150,000 $21,444,165 Resolution Number: XXXXX Execution Date: 9/15/2020 Signature: Nicole Davies Prepared by: Nicole Davies, Assistant Finance Director, 410 E. Washington St., Iowa City, IA 52240, 319-356-5088/5138 Resolution No. 20-217 Resolution approving the City Street Finance Report for the fiscal year ending June 30, 2020. Whereas, the State of Iowa under Iowa Code Section 312.14 requires all cities to submit the Street Finance Report (SFR) to the Iowa Department of Transportation (DOT) by September 30th of each year. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Street Finance Report for the period beginning July 1, 2019, through June 30, 2020, be approved. Passed and approved this 15th day of September , 2020. Mayor Approved by l Attest: I I oel) ty Clerk City Attorney's Office - 09/08/2020 It was moved by Thomas and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner b, a -- Item Number: 6.b. CITY OF IOWA CITY COUNCIL ACTION REPORT September 15, 2020 Resolution accepting payment of $300.00 civil penalty and waiver of right to hearing from Almost Paradise. Prepared By: Kathleen Thornton, City Attorney Office Admin. Sec'y. Reviewed By: Geoff Fruin, City Manager Fiscal Impact: no impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This resolution accepts a waiver of a hearing and a payment of a $300 civil penalty. The civil penalty is required by Iowa Code section 453A.22(2) due to first instance of an employee selling or providing tobacco to a minor within a 2 -year period Background /Analysis: ATTACHMENTS: Description Resolution (,,b Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 20-218 Resolution accepting payment of 300.00 civil penalty and waiver of right to hearing from Almost Paradise Whereas, on February 5, 2020, 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 this was the first such violation by one of its employees in a two- year period; 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), 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) for a first violation within a two-year period; and Whereas, Almost Paradise has waived its right to a hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's first violation of Iowa Code §453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Almost Paradise. Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, 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. Passed and approved this 1.5_Lday of September 2020. M or Appro db Attest: 1 City lerk City Attorney's Office It was moved by Thomas and seconded by 'Taylor the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner Item Number: 6.c. CITY OF IOWA CITY COUNCIL ACTION REPORT September 15, 2020 Resolution authorizing the procurement of sand, asphalt and rock materials under the Sand, Asphalt and Rock Materials Contract. Prepared By: Brock Holub, Streets Superintendent Reviewed By: Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Funds for this purchase are available in the operating budgets for Streets and Landfill within the Public Works Department. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: In March 2017, the City awarded a contract to S & G Materials to provide sand products for one year with an option to renew for four years at an estimated annual cost of $20,000 to $25,000. During the term of the contract the City's needs for materials has increased and will result in a total cost in excess of the City Manager's spending authority of $150,000.00. This resolution authorizes the City Manager to effectuate future projects and renewals. I Background /Analysis: S & G Materials has done a satisfactory job and has provided the lowest bid for sand and rock material for the City, primarily used by the Public Works Department. We would like to continue to purchase sand and rock material from S&G with the Council's authorization. ATTACHMENTS: Description Resolution Prepared by: Brock Holub, Streets Superintendent, Public Works, 3800 Napoleon Lane, Iowa City, IA 52240; (319) 356-5482 Resolution No. 20-219 Resolution authorizing the procurement of sand, asphalt and rock materials under the Sand, Asphalt and Rock Materials Contract. Whereas, in 2017 the City put out a Request for Bid (RFB) for the purchase of sand, asphalt and rock materials; and Whereas, one (1) bid was received by S & G Materials of Iowa City who was determined to be a responsive and responsible bidder; and Whereas, the City's annual cost was estimated at between $20,000 and $25,000 per year and a 1 year contract with the option for 4 years of renewal was awarded to S & G Materials, and Whereas, S & G Materials has provided more materials than originally estimated and has done a satisfactory job; and Whereas, the City would like to move forward with purchasing additional sand, asphalt and rock materials raising the total cost of the materials to over $150,000; and Whereas, the City's Purchasing policy requires City Council approval for contracts over $150,000; and Whereas, funds for these purchases are available in the operating budget for Streets and Landfill within the Public Works Department; 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 projects and renewals. Passed and approved this 15th day of September, 2020 Attest: City Clerk ayor fZ'ved by City Attorney's Office - 09/09/2020 Resolution No. 20-219 Page 2 It was moved by Thomas adopted, and upon roll call there were: Ayes: and seconded by Taylor the Resolution be Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 6.d. CITY OF IOWA CITY COUNCIL ACTION REPORT September 15, 2020 Resolution authorizing the rental of eight (8) wheel loaders for snow removal operations. Prepared By: Dan Striegel, Equipment Superintendent Reviewed By: Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $166,400.00; funds for this purchase are available in Streets and Parking operating fund accounts Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This resolution will authorize the rental of eight (8) articulating wheel loaders that will be used for snow removal operations during the 2020-2021 winter season; from November 15, 2020 through March 31, 2021 (4.5 months). Request for Bid # 21-210 was solicited for this rental with one responding bidder. The bid submitted by Titan Machinery in Center Point, IA meets all bid specifications. Total cost per unit for the rental period is $20,800.00 each; total rental period expense including transportation is $166,400.00. Funds are available in accounts #'s 22710336 ($145,600.00) and 71810120 ($20,800.00). Background /Analysis: During the winter months, the City rents eight (8) wheel loaders for snow removal operations throughout the City. Seven of these loaders are used by the Streets Division for clearing streets and one is used by the Parking Division to clear downtown parking areas. City -owned plows are used with these loaders. ATTACHMENTS: Description Resolution Prepared by: Dan Striegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52246 (319) 356-5197 Resolution No. 20-220 Resolution authorizing the rental of eight (8) wheel loaders for snow removal operations. Whereas, eight (8) wheel loaders are budgeted for rental for the 2020-2021 winter season; and Whereas, Request for Bid #21-210 was solicited for the wheel loader rental; and Whereas, the total rental price of the wheel loaders is $166,400.00; and Whereas, the amount exceeds the City Managers spending authority of $150,000.00, thus requiring City Council approval; and Whereas, funds for this purchase are available in account #'s 22710336 and 71810120 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 above is approved. 2. The City Manager is authorized to take the steps necessary to effectuate the rental contract. Passed and approved this 15th day of September, 2020 Attest: City lerk City Attorneys Office — 09/08/2020 It was moved by Thomas and seconded by 'Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 6.e. CITY OF IOWA CITY `�� COUNCIL ACTION REPORT September 15, 2020 Resolution authorizing the procurement of Removal and Disposal of Lime Residual Material. Prepared By: Jonathan Durst, Assistant Water Superintendent Reviewed By: Kevin Slutts, Water Superintendent Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $500,000 over 2 years in the Water Division operating budget acct. #72720122 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The lime residual material is the byproduct of the lime softening water treatment process at the Water Plant. The Iowa City Water Division operates and maintains two lime sludge holding and dewatering lagoons. Lime material is discharged into the lagoons where solids settle out. Lime is removed on an annual basis alternating between the two lagoons. The removal, handling and disposal of the lime residual material will be done in an environmentally sound and approved manner which conforms to all applicable regulatory requirements and standards that are required. The disposal method will be application to farmland as a soil conditioner. Background /Analysis: Over the course of this 2 -year contract, approximately $500,000 is expected to be expended. Funds for this purchase are available in the Water Department operating budget Acct. #73730120. ATTACHMENTS: Description Resolution Prepared by: Jonathan Durst, Asst. Water Superintendent, Public Works, 80 Stephen Atkins Dr., Iowa City, IA 52240; (319) 356-5169 Resolution No. 20-221 Resolution authorizing the procurement of Removal and Disposal of Lime Residual Material. Whereas, a Request for Proposal was put out to solicit the Removal and Disposal of Lime Residual Material; and Whereas, two proposals were received for these services; and Whereas, the evaluation committee has selected Nutri-Ject Systems Inc.; and Whereas, the initial term of this contract will be for two years, with an option to renew for another three one-year terms; 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 two-year contract, the City expects to expend approximately $500,000 for the Removal and Disposal of Lime Residual Material from the City of Iowa City Water Treatment facility; and Whereas, funds for this purchase are available in the hauling line item in the Water Division operating budget Acct. # 72720122; 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 sign the agreement with the vendor and take whatever steps are necessary to effectuate future purchases including any amendments or renewals of said agreement. Passed and approved this _nth_ day of September, 2020 Attest: City Clerk I Mayor t% � ved by . / / City Attorney's Office - 09/08/2020 Resolution No. 20-221 Page 2 It was moved by Thomas and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 6.f. CITY OF IOWA CITY COUNCIL ACTION REPORT September 15, 2020 Resolution authorizing the execution of a Chapter 28E Agreement between the City of Iowa City, Iowa and the City of Coralville, Iowa regarding certain road maintenance purposes. Prepared By: Brock Holub, Streets Superintendent Reviewed By: Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution 28E Agreement Exhibit A to 28E Agreement Executive Summary: This resolution approves a Chapter 28E agreement with the City of Coralville, Iowa regarding roads which are adjacent to or near the corporate limits of the City. This agreement identifies the maintenance responsibilities for each governmental body for these joint facilities. Background /Analysis: The Iowa City Streets Division and the Coralville Streets Department have worked well together to set forth their respective duties and costs associated with the maintenance of current and future joint jurisdiction roads in an efficient and equitable manner. These maintenance responsibilities include snow plowing, street sweeping, signage, pavement markings and pavement repairs. Staff recommends the City Council approve the resolution allowing the execution of the Chapter 28E agreement between the City of Iowa City and the City of Coralville. ATTACHMENTS: Description Resolution 28E Agreement Exhibit A to 28E Agreement Iowa Secretary of State 321 East 12th Street Des Moines, IA 50319 sos.iowa.gov Full Legal Name Party 1 City of Coralville Party 2 City of Iowa City Partic.ipaMs 350 - Street and Road Systems Service Type b1PSk OF z, N W h9 E P1' �e Frq RY OF Organization Type County City Johnson City Johnson FILED Filing Date: 01/05/2021 01:47 PM Filing Number: M$13344 Define road maintenance responsibilities for each City on Kennedy Parkway, Camp Cardinal Road and Camp Cardinal Boulevard Purpose Indefinite Duration Iowa-City-Road-Maintenance-Purposes-Kennedy-and-Camp-Cardinal-Area.pdf Upload Scanned Agreement Contact Person: (Optional) Thor Contact First Name Johnson Contact Last Name City Clerk of City of Coralville ,rob idle Department tjohnson@coralville.org Email Address 1 3192481700 Phone Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240: (319) 356-5139 Resolution No. 20-222 Resolution authorizing the execution of a Chapter 28E Agreement between the City of Iowa City, Iowa and the City of Coralville, Iowa regarding certain road maintenance purposes. Whereas, both the City of Iowa City (`Iowa City") and the City of Coralville ("Coralville") are municipal corporations as defined by Section 28E.2 of the Code of Iowa (2019); and Whereas, there are several roads connecting the two municipalities that need continuous maintenance and repair; and WHEREAS, Iowa City and Coralville agree that maintenance of the said roads is beneficial and necessary to the public's use thereof, as well as to the enjoyment of the abutting property owners; and Whereas, the County and the City desire to set forth their respective duties and costs associated with maintenance of said roads in an efficient and equitable manner, as specifically contemplated in Chapter 28E of the Code of Iowa (2019); and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The Mayor and City Clerk are hereby authorized to execute the Chapter 28E agreement with the City of Coralville, attached hereto and incorporated by reference herein, and said agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to forward the executed Resolution and Agreement to the City of Coralville City for execution and recording in the Offices of the Johnson County Recorder and for filing with the Iowa Secretary of State, with recording and filing costs to be shared by both parties. Passed and approved this 15th day of September '2020 Attest: 4Q1erk' or prvdby , City Attorney's Office (Sara Greenwood Hektoen — 09/09/2020) (,f. Resolution No. 20-222 Page 2 It was moved by Thomas adopted, and upon roll call there were: Ayes: and seconded by Taylor the Resolution be Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner RESOLUTION NO. 2020-1 j -7 7 RESOLUTION APPROVING A 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY REGARDING ROAD MAINTENANCE. WHEREAS, both Coralville and Iowa City desire to designate who is responsible for the continuous maintenance and repair of each section of shared roadway in the area of Camp Cardinal Boulevard and Kennedy Parkway between both municipalities; and WHEREAS, there is a need to document these responsibilities for the continuous maintenance and repair of each section of shared roadway in the area of Camp Cardinal Boulevard and Kennedy Parkway between both municipalities; and WHEREAS, it is in the best interest of the County and Cities to approve this 28E Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Coralville, Johnson County, Iowa, that the aforementioned 28E Agreement is hereby approved. Further, the Mayor and City Clerk are hereby directed to execute this Agreement on behalf of the City. Passed and approved this 27th day of October, 2020. ATTEST: Thorsten J. Johnson, City Clerk The above foregoing Resolution 2020-177 was introduced by Council Member Foster moved for its adoption. This motion was seconded by Council Member Dodds after discussion, the following roll was called: AYES: Gross, Nuynh, Dodds, Goodrich, Foster NAYS: None ABSENT: None Whereupon the Mayor declared the motion duly carried and the Resolution duly adopted October 27, 2020. Fn . i ,.Za�ynr ATTEST: Thorsten J Johnson, Gty Clerk Drafted by: Sara Greenwood Hektoen, Assistant City Attorney, City of Iowa City, 410 E. Washington Street, Iowa City, Iowa 52245, 319-356-5030, 28E Agreement Between the City of Iowa City, Iowa and the City of Coralville, Iowa for Certain Road Maintenance Purposes WHEREAS, both City of Iowa City ("Iolva City") and the City of Coralville ("Coralville") are municipal corporations as defined by Section 28E.2 of the Code of Iowa (2019); and WHEREAS, there are several roads, listed in Exhibit A attached hereto, connecting the two municipalities that need continuous maintenance and repair; and WHEREAS, Iowa City and Coralville agree that maintenance of the said roads is beneficial and necessary to the public's use thereof, as well as to the enjoyment of the abutting property owners; and WHEREAS, Iowa City and Coralville desire to set forth their respective duties and costs associated with maintenance of said roads in an efficient and equitable manner, as specifically contemplated in Chapter 28E of the Code of Iowa (2019). IT IS NOW AGREED that Iowa City and Coralville enter into an agreement pursuant to Chapter 28E of the Code of Iowa (2019) providing for cooperative action for the maintenance and repair of those roadways listed in Exhibit A, incorporated herein by this reference, and, to that end, specifically the parties hereto agree as follows: 1. PURPOSE AND SCOPE: The purpose of this Agreement is to define and assign specific responsibilities and outline reimbursable costs for maintenance and repair of certain roads as specified herein as is beneficial and necessary to the public's use thereof and for the enjoyment of the abutting property owners. 2. CONSIDERATION: The mutual consideration herein is undertaking the maintenance and repair of the subject roads. No separate legal entity is created by this Agreement. The Coralville City Council shall administer Coralville's duties and responsibilities herein and Iowa City City Council shall administer Iowa City's duties and responsibilities herein. 3. AFFECTED ROADS AND DIVISION OF MAINTENANCE RESPONSIBILITY: The road segments that are subject to this Agreement are listed on Exhibit A, attached hereto and incorporated herein by this reference. Iowa City's and/or Coralville's specific maintenance and/or repair responsibilities for each of these road segments is as set out on Exhibit A. 4. CHANGES TO ROADS AFFECTED OR MAINTENANCE RESPONSIBILITY: The parties acknowledge that they may from time to time desire to add roads to or remove roads from this Agreement or they may wish to change maintenance and/or repair responsibilities, both without the necessity of adopting a new agreement. Accordingly, Exhibit A hereto may be modified by approval of Iowa City City Manager, or designee, and the Coralville City Administrator, or designee. Upon such approval in writing, Iowa City shall record the amended Exhibit, with specific reference the Agreement and the book and page number of the Agreement as recorded in the records of the Johnson County Recorder. 5. NORMAL MAINTENANCE: For those road segments for which Iowa City or Coralville are respectively responsible under Exhibit A, Coralville and Iowa City agree to perform all normal maintenance reasonably necessary for the safe use and enjoyment of said roads. "Normal maintenance" includes, but is not limited to, where appropriate, gravel surfacing, oil/chip seal surfacing, blading, snow removal, brush and weed control, traffic control signage and pavement marking (which must be done according to the Manual on Uniform Traffic Control Devices), ditch cleaning pothole patching, and shoulder maintenance. 6. REIMBURSABLE COSTS OF NORMAL MAINTENANCE: Iowa City and Coralville agree that all such normal maintenance or major maintenance activities for said roads shall be deemed "reimbursable claims" if the costs thereof exceed $7,000.00 per mile and/or $2,000.00 per bridge crossing or culvert crossing. Said reimbursable claims shall be treated as follows: a) Prior to undertaking the work, the party responsible for the work as outlined in Exhibit A shall first seek and obtain approval from the other party. Iowa City and Coralville specifically agree that such approval shall not be unreasonably withheld. In the event of an emergency, pre -approval shall not be required prior to performing the work. b) Upon obtaining approval and upon completion of the work, the responsible entity, as set out in Exhibit A shall submit a written claim to the other party, requesting reimbursement for 50% of those amounts exceeding $7,000.00 per mile and/or $2,000.00 per bridge crossing or culvert crossing, itemizing the work performed and date completed. c) The party receiving the claim shall pay or dispute said claim in a timely manner d) This agreement neither pertains to nor governs new construction work. 7. LIABILITY AND THIRD -PARTY RIGHTS: Nothing herein is intended to alter Iowa City's and/or Coralville's ultimate responsibility for its own right-of-way, including liability for or immunity from third party claims. Nor is this 28E Agreement intended to create any third - party benefits. Rather, this Agreement is intended as an efficient way to maintain the quality of life for both municipalities, and thereby protect the public interest during transition from one community to the other. 8. PERMITS: The political subdivision within which the road right -0f --way is located shall be responsible for issuing drive and utility permits. Both entities acknowledge that jurisdiction of the road right-of-way may be divided at its centerline, with each entity responsible for drive and utility permits on one side of the road right-of-way. 9. SPEED LIMITS: Speed limits shall be established by mutual agreement between Iowa City and Coralville and adopted jointly by ordinance or resolution. In the absence of such ordinance or resolution, the speed restrictions of Iowa Code §321.285, as amended, shall apply. 10. MUNICIPAL UTILITIES: On the road segments listed on Exhibit A, upon review and approval of the respective City Engineer, Coralville hereby grants to Iowa City and Iowa City hereby grants to Coralville the use of right-of-way for the installation and maintenance of city - owned utilities, which approval shall not be unreasonably withheld. Coralville is neither responsible nor liable for the installation or maintenance of Iowa City -owned utilities located within Coralville rights-of-way, and Iowa City is neither responsible nor liable for the installation or maintenance of Coralville-owned utilities located within Iowa City rights-of-way. H. NOTICES: Any notice by Coralville to Iowa City is effective by ordinary mail addressed to: Public Works Director City of Iowa City 410 East Washington Street Iowa City, IA 52240 Any notice by Iowa City to Coralville is effective by ordinary mail addressed to: City Engineer City of Coralville 1512 7111 Street Coralville, IA 12. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by both the Coralville City Council and the Iowa City City Council, and filed with the Iowa Secretary of State and the Johnson County Recorder, as provided in Section 28E.8 of the Code of Iowa (2019). 13. DURATION AND TERMINATION: Once effective, this Agreement shall be in effect for five (5) years after the date it is executed. At the end of the five (5) year effective period, the Agreement shall be automatically renewed for an additional five (5) year period unless Coralville or Iowa City objects in writing to such renewal prior to the renewal date. Either party may terminate this agreement upon thirty (30) calendar days written notice of termination to the other party at the address listed in paragraph 1 I above. 14. REVIEW OF THE AGREEMENT: At any time during the term of the Agreement either Coralville or Iowa City may initiate review of this Agreement by contacting the other party, at which time both parties shall consider modifications of the Agreement, as appropriate. Annexation or severance of land by Iowa City, which includes any portion of the roads listed herein, shall require either renegotiation of this Agreement or alteration of Exhibit A as provided for above. 15. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the Agreement shall be in accordance with Chapter 28E of the Code of Iowa (2019) and statutes respecting the rights and responsibilities of the political subdivisions. 16. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event such matters must be submitted to the parties, they shall be submitted specifically to Public Works Director of Iowa City of Iowa City, as representative for Iowa City, and to the Coralville City Engineer, as representative for Coralville, who will both make a good faith effort to resolve the dispute. 17. SUPERSEDING EFFECT: This agreement replaces and supersedes any existing 28E agreements between Iowa City and Coralville relating to road maintenance responsibilities for those road right-of-ways listed on Exhibit A. FOR IOWA CITY Bruce Teague, Mayor 11p, Kellie K. Approved byV &l "" U c2 City Attorney's office -(e1<-fw, n cq{a12-02-0 STATE OF IOWA JOHNSON COUNTY FOR CORALVILLE % BY: & John ndell, Iylayor Attest: Thor Johnson, City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT This record was acknowledged before me on}E? T1�U {� CJ�h 120-K, by Bruce Teague and Kellie K. Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, and sealed on behalf of said municipal corporation. �y aPFutr CHRISTINEOLNEY e Commission Number 808232 M Commission Expires Notary Public in and for the '" to of Iowa IOWA CITY OF CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA JOHNSON COUNTY This record was acknowledged before me on ' JJQA 3 120" , by John Lundell and attested by Thor Johnson, as Mayor and City Clerk, respectively, of the City of Coralville, Iowa, and sealed on behalf of said municipal corporation. "�.. Notary Public in and for the State of Iowa Kevin D. Olson Cammissior Nimber 82020941 41W.-I fly Ccrtmi�cion Expires 6�is,�a .9.2022 EXHIBIT A MAINTENANCE RESPONSIBILITIES STREET PLOWING PAVEMENT SWEEPING SIGNS PAINTING NOTES Kennedy Parkway IOWA CITY IOWA CITY IOWA CITY IOWA CITY CORALVILLE Camp Cardinal SW W W Ceed entl Kennedy Parkway IOWA CITY IOWA CITY IOWA CITY IOWA CITY IOWA CITY Camp Cardinal SNtl to Camp Cardinal Ra Camp Cardinal Rd IOWA CITY IOWA CITY IOWA CITY IOWA CITY IOWA CITY Kennedy Parkway td entl df PCC Camp Cardinal Rd CORALVILLE CORALVILLE CORALVILLE CORALVILLE GORALVILLE FUWrereplacement rasa wbert may be namssary, In which ceseihe End a PCC In Camp CBNinei BIW tnc oo peniea wpWd sham the cast of amsi In attortlence w0h a .tthantl hjr.j separate agreement M he ereaned atfie time such project hecomes nec3ssary. Item Number: 6.g. CITY OF IOWA CITY COUNCIL ACTION REPORT September 15, 2020 Resolution accepting the work for the Underground Duct and Fiber Installation to JECC Communications Facility on Compass Drive Project. Prepared By: Josh Slattery, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Goeff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: This project has been completed by Utility Service Contractors of Hiawatha, Iowa in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. • Project Estimated Cost: $ 61,000.00 • Project Bid Received: $ 56,962.00 • Project Final Cost: $ 56,962.00 Background /Analysis: This project included installation of approximately 3,900' of dual 2" HDPE communications ducts, four handholes, and site restoration along 420th Street, between Scott Boulevard and Compass Drive. This project was initiated to provide data to the new location of the City's secondary radio tower for the Public Works Radio System. ATTACHMENTS: Description Engineer's Report Resolution I r i CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1.826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org ENGINEER'S REPORT September 3, 2020 City Clerk Iowa City, Iowa Re: Underground Duct and Fiber Installation to JECC Communications Facility on Compass Drive Project Dear City Clerk: I hereby certify that construction of the Underground Duct and Fiber Installation to JECC Communications Facility on Compass Drive Project has been completed by Utility Service Contractors of Hiawatha, Iowa in substantial accordance with the plans and specifications completed by the City of Iowa City. The project was bid as a lump sum contract and the final contract price is $56,962.00. There were a total of zero (0) change or extra work orders for the project. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel City Engineer Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 20-223 Resolution accepting the work for the Underground Duct and Fiber Installation to JECC Communications Facility on Compass Drive Project. WHEREAS, the Engineering Division has recommended that the work for construction of the Underground Duct and Fiber Installation to JECC Communications Facility on Compass Drive Project, as included in a contract between the City of Iowa City and Utility Service Contractors of Hiawatha, Iowa, dated April 15, 2019, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer; and Whereas, funds for this project are available in account # P3982; and Whereas, the final contract price is $56,962.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1501 day of September .2020 Mayor Attest: City Clerk ��.ILLn eAT roved by % City Attorney's Office (Sue Dulek - 09/10/2020) It was moved by Thomas and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 6.h. CITY OF IOWA CITY COUNCIL ACTION REPORT September 15, 2020 Resolution accepting the work for the Iowa Avenue Bridge Repair Project. Prepared By: Josh Slattery, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: This project has been completed by Minturn, Inc. of Brooklyn, IA in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $ 103,000.00 • Project Bid Received: $ 128,025.00 • Project Final Cost: $ 128,576.18 Background /Analysis: The project involved repairing all the expansion joints, including edge repair and spall repair along the joints, on the Iowa Avenue bridge between S. Riverside Drive and S. Madison Street. The 2015 Biennial Bridge Inspection Program identified the need to replace the expansion joints on the Iowa Avenue Bridge over the Iowa River. The City of Iowa City retained THP Limited for consulting services to prepare construction documents for these expansion joint improvements. THP performed site inspections and developed construction documents that were incorporated into the Parking Garage Maintenance Program and Bridge Repair 2016 Project as a bid alternate. The bids received for the alternate scope of work exceeded the engineer's estimate for the work, and were rejected by the City of Iowa City. The City then contracted with THP to produce standalone construction documents to re -bid the bridge expansion joint repairs. Plans, Specifications, Form of Agreement and Estimate of Cost for the Iowa Avenue Bridge Repair Project were approved at the April 7, 2020 Council Meeting. ATTACHMENTS: Description Engineer's Report Resolution I r !:rm p- AW,, ..%MAOW�o®1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org ENGINEER'S REPORT September 3, 2020 City Clerk Iowa City, Iowa Re: Iowa Avenue Bridge Repair Project Dear City Clerk: I hereby certify that the Iowa Avenue Bridge Repair Project has been completed by Minturn, Inc. of Brooklyn, Iowa in substantial accordance with the plans and specifications prepared by THP Limited, Inc., of Cincinnati, Ohio. The project was bid as a unit price contract and the final contract price is $128,576.18. There was a total of one (1) change or extra work order for the project as follows: Extra Expansion Joint in Sidewalk $1,751.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel City Engineer Prepared by: Josh Slattery, Public Works, 410 E. Washington Sl., Iowa City, IA 52240 (319) 356-5149 Resolution No. 20-224 Resolution accepting the work for the Iowa Avenue Bridge Repair Project Whereas, the Engineering Division has recommended that the work for construction of the Iowa Avenue Bridge Repair Project, as included in a contract between the City of Iowa City and Minturn, Inc. of Brooklyn, Iowa, dated May 29, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Annual Bridge Maintenance and Repair account # S3910; and Whereas, the final contract price is $128,576.18. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th ^ day of September 2020 Attest: 1 City Jerk Ma or Appr ved by / J ` City Attorney's Office (Sara Greenwood Hektoen — 09/09/2020) It was moved by Thomas and seconded by 'Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 6.i. CITY OF IOWA CITY COUNCIL ACTION REPORT September 15, 2020 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Wetherby Park CDBG Trail Improvements Project. Prepared By: Jason Reichart, Sr. 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: $118,909.00, available from 2020 and 2021 CDBG Funds. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The Project Manual and Estimate of Cost for the Wetherby Park CDBG Trail Improvements Project were approved at the August 18, 2020 City Council Meeting. The engineer's estimate of cost for construction was $222,000. Seven (7) bids were submitted to the City Clerk prior to the deadline on September 8, 2020. Bidder Name McComas Lacina Construction LC All American Concrete, Inc. Streb Constrction Co, Inc. Midwest Concrete I nc. Sulzco LLC Tschiggfrie Excavating Central States Concrete City Iowa City, IA West Liberty, IA Iowa City, IA Peosta, IA Muscatine, IA Dubuque, IA Marion, IA Total Bid Amount $118,909.00 $140,900.00 $162,385.00 $162,635.00 $202,532.50 $221,280.00 $236,865.00 Background /Analysis: The Wetherby Park CDBG Trail Improvements Project includes the construction of an 8 -foot wide concrete trail and associated items. This project will be funded with CDBG funds. Wetherby Park is an existing park located in south Iowa City. The park's current amenities include a splash pad, playground equipment, a picnic shelter, cooking grills, sports courts, restrooms, a disc golf course, community garden plots, and a hiking path. The City is looking to improve the park by replacing the existing gravel trails with paved trails. ATTACHMENTS: Description Resolution Prepared by: Jason Reichert, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5436 Resolution No. 20-225 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Wetherby Park CDBG Trail Improvements Project. Whereas, McComas Lacina Construction LC of Iowa City, IA, has submitted the lowest responsible bid of $118,909.00 for construction of the above-named project; and Whereas, funds for this project are available in the Parks Annual Improvements/Maintenance account # R4130; and Whereas, the City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above- named project. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The contract for the construction of the above-named project is hereby awarded to McComas Lacina Construction LC subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this _ 15th day of Sentemher 2020 yor ?Zrove1by4.() Attest City Jerk City Attorney's Office - 09/10/2020 It was moved by Thomas and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: X X X X X X Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 6.j. CITY OF IOWA CITY COUNCIL ACTION REPORT September 15, 2020 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 Shive-Hattery, Inc. to provide engineering consultant services for the Orchard Street Reconstruction Project. Prepared By: Marri Van Dyke, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $109,050.00 available in the Orchard Street Reconstruction Project account #S3954 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: This resolution approves the consultant agreement with Shive-Hattery, Inc. of Iowa City, Iowa for engineering design services related to the Orchard Street Reconstruction Project. This project will involve the reconstruction of Orchard Street from Benton Street to US Highway 1. The consultant will provide full design and limited construction phase services. Background /Analysis: Orchard Street has deteriorated beyond the point of rehabilitation. Full reconstruction is necessary between Benton Street and US Highway 1. The City issued a Request for Qualifications to provide professional engineering services for City public improvement projects, including the Orchard Street Reconstruction project. Shive-Hattery, Inc. was selected based on qualifications. The Orchard Street Reconstruction Project will involve the following: 1. Full street reconstruction of Orchard Street from Benton Street and US Highway 1. 2 Widening the eastern sidewalk to 5 feet and sidewalk infill along the east side of Orchard Street. 3. Storm sewer improvements. 4. New 8" water main from Douglass Street to US Highway 1. 5. New 8" sanitary sewer main and manholes from Benton Street to Douglass Street ATTACHMENTS: Description Resolution Agreement Prepared by: Mand VanDyke, Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5044 Resolution No. 20-226 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 Shive-Hattery, Inc. to provide engineering consultant services for the Orchard Street Reconstruction Project. Whereas, the City of Iowa City desires to reconstruct Orchard Street between Benton Street and US Highway 1; and Whereas, the project will include 26' wide PCC street, 5' wide sidewalk on the eastern side of the street, storm sewer improvements, new 8" water main, and new 8" sanitary sewer and manholes; and Whereas, the City of Iowa City desires the services of a consulting firm to provide preliminary design, final design and construction engineering for construction of the Orchard Street Reconstruction Project; and Whereas; has requested Qualifications from Consultants in July of 2020 for assistance with public improvement projects; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Shive-Hattery, Inc., to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Shive-Hattery, Inc.; and Whereas, funds for this project are available in the Orchard Street Reconstruction Project account #53954. 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 Lyth _day of September, 2020 MP66r Resolution No. 20-226 Page 2 Attest: 4iClerk P- p I oved by w 4.0 City Attorney's Office (Sara Greenwood Hektoen — 09/09/2020) It was moved by Thomas and seconded by adopted, and upon roll call there were: Ayes: Nays: Taylor Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Consultant Agreement This Agreement, made and entered into this 15th day of September, 2020, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. Whereas the City requires completion of public improvements along Orchard Street from Highway 1 to Benton Street; and Whereas the City has requested Qualifications from Consultants in July of 2020 for assistance with public improvement projects; and Whereas the City has requested the services of Consultant to complete the design of public improvements on Orchard Street, based on qualifications; 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. PROJECT DESCRIPTION This project consists of improvements on Orchard Street in Iowa City between Highway 1 and Benton Street. Improvements to include: o Full street reconstruction from Benton to Douglass. Douglass to Hwy 1 may be full reconstruction or patching depending upon assessment of condition. 0 5' wide sidewalk (east side) infill 0 8" watermain replacement from Douglass Street to Highway 1 o Storm sewer replacement from Highway 1 to Benton Street 0 8" sanitary sewer removal and replacement from Douglass to Benton o Curb ramp replacement to meet ADA standards. • Review potential future signal pole locations at intersection of Orchard and Benton Street for impacts to curb ramps Construction Document Development 1. Field Survey Services Design Survey: The CONSULTANT shall perform topographic and boundary survey of the project site. Survey shall be completed with total station equipment and used as a base map for project design. Survey will also include establishing control point monuments along the corridor of the project. Base Mapping: The CONSULTANT shall prepare a base map to facilitate the project design to encompass the project site. The base map prepared will include existing -2 - topography features, right of way and easement lines, buried utilities based upon field locates, and above ground surface features. 2. Preliminary Design • Preliminary Plans (30%): The CONSULTANT will perform preliminary design services to develop a preliminary project plan set. Preliminary plan information will be used to discuss project impacts and begin discussions on project phasing. Project design information at the preliminary phase will be presented. Design Sheet Criteria: The following sheets in the Preliminary Plans to include: o Cover and General Information Sheets (A Sheets) o Typical Cross Sections and Details (B Sheets) o Estimate of Quantities and Estimate Reference Information (C Sheets) o Plan and Profile Sheets - Mainline (D Sheets) o Plan and Profile Sheets - Side Road (E Sheets) o Preliminary Grading Plan (F Sheets) o Alignment Data and Control (G Sheets) o Right of Way Plan (H Sheets) o Preliminary Water Main Plan and Profile (M Sheets) o Preliminary Sanitary Sewer Plan and Profile (M Sheets) o Preliminary Storm Sewer Plan and Profile (M Sheets) o Preliminary Sidewalk Sheets (S Sheets) o Mainline Cross Sections (W Sheets) • Preliminary Opinion of Probable Construction Cost: The CONSULTANT shall prepare a preliminary opinion of probable construction cost for the Project. Preliminary cost estimates shall be based on representative major project elements and based on recent bid information. Detailed quantity takeoffs will not be developed for the preliminary cost estimate. • CONSULTANT shall coordinate project design with public and private utilities during this phase to determine relocation needs. Potholing services are not included however CONSULTANT shall assist CITY staff to coordinate potholing if necessary. Field Exam: A Field Exam will be held with the CITY to discuss key issues such as storm drainage, patching and reconstruction limits, and access control and traffic control/stage construction. The review will be completed to identify needed adjustments to minimize potential property impact and confirm the proposed staging plans. Revisions will be documented for preparation of the final design. • Subsurface Investigation / Pavement Design: CONSULTANT shall coordinate subsurface analysis and field investigation to complete pavement cores and soil analysis for purposes of completing pavement design and soil investigation. The work shall include (2) soil borings at 15' deep and (2) pavement cores taken at the same location between Douglass Street and Benton Street., and (2) pavement cores and soil analysis between Hwy 1 and Douglass Street. -3 - Preliminary Design Deliverables: o Electronic set of Preliminary Plans (30%). o Cover sheet with designer and reviewer initials after completion of Quality Control. o Preliminary Cost Opinion. o Surface drainage flows to check intake throat capacity. o Geotechnical Report • Review Meetings: o Conduct 1 review meeting with the CITY to review comments. • Neighborhood Open House meeting: o Open House Meeting: CONSULTANT will assist with public involvement by participating in (1) neighborhood open house and provide presentation material for project overview, along with aerial photos and preliminary plan information for public review. Meeting could be virtual or in person open house. 3. Acquisition Plats and Temporary Construction Easements: • Acquisition or Temporary Construction Easements: CONSULTANT shall prepare legal descriptions and exhibits for acquisition or temporary construction easements. Twenty-three (23) parcels are assumed for temporary construction easements, and one (1) fee simple Right of Way acquisition is assumed. • Right -of -Way and Easement Staking: Provide right-of-way and easement staking in coordination with the property acquisition process to assist private property and CITY with identification of easement boundaries during on site meetings. It is assumed that each location shall be staked one (1) time. 4. Check Plans (60%): After authorization from the CITY, the CONSULTANT shall proceed with the development of Check Plans. • Incorporate Comments from Preliminary Plan Review The CONSULTANT will respond to comments resulting from the CITY's plan review and open house meeting. Recommended modifications will be incorporated into the plan set. • Design Sheet Criteria Check Plans to include: o Cover and General Information Sheets (A Sheets) o Typical Cross Sections and Details (B Sheets) o Estimate of Quantities and Estimate Reference Information (C Sheets) o Utility Contacts and General Information (C Sheets) o Plan and Profile Sheets - Mainline (D Sheets) o Plan and Profile Sheets - Side Road (E Sheets) o Grading Plans (F Sheets) o Alignment Data and Control (G Sheets) o Right of Way Plan (H Sheets) -4- o Traffic Control and Staging and Detour (J Sheets) o Intersection, Driveway, and Field Entrances Layout and Details (K Sheets) o Jointing Plan (L Sheets) o Water Main Plan and Profile (M Sheets) o Sanitary Sewer Plan and Profile (M Sheets) o Storm Sewer Plan and Profile (M Sheets) o Pavement Marking and Signage (P Sheets) o Site Preparation and Demolition Sheets (R Sheets) o Sidewalk / ADA Compliance Sheets (S Sheets) o Erosion Control Sheets (T Sheets) o Details (U Sheets) o Mainline Cross Sections (W Sheets) Opinion of Probable Construction Cost: The CONSULTANT shall prepare an opinion of probable construction costs for the project. • CONSULTANT shall coordinate project design with Public and Private utilities during this phase to determine relocation needs and provide Utility coordination sheets. Potholing services are not included however CONSULTANT shall assist CITY staff to coordinate potholing if necessary. Quality Control - Plan Set: Involve ongoing quality control input from the City and the CONSULTANT's staff throughout the development of Check Plans and documents for each Project segment including roadway and traffic phasing. CONSULTANT shall perform a quality control review of the check plan set for technical accuracy, including general constructability and conformance with the project design criteria. • Check Plan Deliverables: • Electronic set of Check Plans (60%). • Cover sheet with designer initials and reviewer initials after completion of Quality Control. • Electronic copy of CITY 30% design comments and CONSULTANT response. • Cost Opinion. • Special Provisions and Project Manual. Review Meetings: • Conduct 1 review meeting with the CITY to review comments. 5. Final Plans (100%): After authorization from the CITY, the CONSULTANT shall proceed with the development of final plans. • Incorporate Comments from Check Plan Review The CONSULTANT will respond to comments resulting from the CITY's plan review. Recommended modifications will be incorporated into the plan set. The following sheets in the final plans to include: o Cover and General Information Sheets (A Sheets) o Typical Cross Sections and Details (B Sheets) -5- o Estimate of Quantities and Estimate Reference Information (C Sheets) o Utility Contacts and General Information (C Sheets) o Plan and Profile Sheets - Mainline (D Sheets) o Plan and Profile Sheets - Side Road (E Sheets) o Grading Plans (F Sheets) o Alignment Data and Control (G Sheets) o Right of Way Plan (H Sheets) o Traffic Control and Staging and Detour (J Sheets) o Intersection, Driveway, and Field Entrances Layout and Details (K Sheets) o Jointing Plan (L Sheets) o Water Main Plan and Profile (M Sheets) o Sanitary Sewer Plan and Profile (M Sheets) o Storm Sewer Plan and Profile (M Sheets) o Pavement Marking and Signage (P Sheets) o Site Preparation and Demolition Sheets (R Sheets) o Sidewalk 1 ADA Compliance Sheets (S Sheets) o Erosion Control Sheets (T Sheets) o Details (U Sheets) o Mainline Cross Sections (W Sheets) • Opinion of Probable Construction Cost: The CONSULTANT shall prepare an opinion of probable construction costs for the project. • Deliverables: • Electronic set of Final Plan Documents (100%). • Cover sheet with designer initials and reviewer initials after completion of Quality Control. • Electronic copy of CLIENT 60% design comments and CONSULTANT response. • Cost opinion. • Special provisions and Project Manual. • Notice of Intent and Public Notice for NPDES Permit. • Iowa Department of Natural Resources — Water main construction and sanitary sewer construction permit applications. • CONSULTANT shall coordinate project design with Public and Private utilities during this phase to determine relocation needs and provide Utility coordination sheets. Potholing services are not included however CONSULTANT shall assist CITY staff to coordinate potholing if necessary. 6. Project Document Quality Control Quality Control - Plan Set: Involve ongoing quality control input from the City and the CONSULTANT's staff throughout the development of final plans and documents for each project segment including roadway and traffic phasing. CONSULTANT shall perform a quality control review of the final plan set for technical accuracy, including general constructability and conformance with the Project design criteria. 7. Bidding and Construction Services Letting Services: • The CONSULTANT will respond to questions during the letting process, prepare Notice of Public Hearing and Notice to Bidders, provide plan clarification and issue required addenda. • The CONSULTANT will attend Pre -Construction Meeting, facilitated by the CITY. CITY shall prepare agenda and meeting minutes. • CONSULTANT shall review shop drawings and submittals as provided by the CITY. Re-monumentation of Monuments: After completion of construction, the CONSULTANT shall perform field survey as required to verify which monuments found during the original survey and identified on the H sheets, if any, were disturbed or removed during construction. Disturbed or missing monuments shall be reset at their original location and a Monumentation Preservation Plat in accordance with Senate File 2276 shall be prepared and filed with the Johnson County Recorder. The estimated fees for this scope of services include replacement of five (5) pins. 8. Additional Services (Optional) The following items are not included in the contract at this time due to unknowns with extent of work required, however may be added as an amendment at a later date based on an estimate cost provided for each; Property Owner Meetings: The CONSULTANT may attend and provide plan sheets for property owner meetings during the project as requested by the CITY to discuss property acquisition details and impacts. Site visits shall be initiated by the CITY for specific construction related items. Additional estimated cost per visit = $350. Construction Site Visits: The CONSULTANT may perform construction site visits during the project as requested by the CITY to review construction progress and general conformance to the plans and specifications or assist CITY with questions. Site visits shall be initiated by the CITY for specific construction related items. Additional estimated cost per visit = $350. • Re-establishment of Monuments: Disturbed or missing monuments shall be reset at their original location and a Monumentation Preservation Certificate in accordance with Iowa Code Section 355.6A shall be prepared and filed with the Recorder. Additional estimated cost per pin = $250. II. Time of Completion The project from design through project letting period, shall be performed by the CONSULTANT in accordance with a tentative schedule mutually developed by the CITY and CONSULTANT. The milestone schedule shall generally be as follows and could be modified as the project progresses. Bid dates are tentative based on a 6 -month allowance period for completion of the acquisition process. -7 - Milestone / Task Deadline City Council Approval Sept. 15, 2020 Project Kickoff Meeting Sept. 17, 2020 Begin Field Services Survey Sept. 18, 2020 Complete Preliminary Design (30%) Oct. 16, 2020 City Preliminary Plan Review Meeting Oct. 30, 2020 Neighborhood Meeting Nov. 5, 2020 Complete Check Plan Documents (60%) Dec. 4, 2020 City Check Plan Review Meeting Dec. 18, 2020 Submit Acquisition Plats Jan. 4-8, 2021 Final Construction Documents (100°/x) Jan. 15, 2021 City Final Plan Review Meeting Jan. 29, 2021 Council Meeting - Set Public Hearing for July 20 July 6, 2021 Council Meeting - Public Hearing, Approve Plans, Authorize Advertisement Jul. 20, 2021 Bid Letting Aug. 6, 2021 Council Award Project Aug. 17, 2021 Begin Project Construction Sept. 2021 III. Compensation for Services The CITY shall pay the CONSULTANT a not -to -exceed fee of $109,050, based upon the CONSULTANT Fee Schedule shown on ATTACHMENT A, attached hereto and incorporated herein. This fee includes a $1,000 allowance for reimbursable expenses, as described in said Attachment A. The table below provides an estimated budget summary. Hourly Not -to -Exceed Fee Estimate: 1. Field Survey Services Topographic Survey $12,000 Acquisition Documents $6,000 2. Permit Documents $1,500 3. Preliminary Plans (30%) Design $23,500 Geotechnical Analysis $5,800 4. Check Plans (60%) $33,500 5. Final Plans (100%) $21,000 Project Bidding and Construction Services $3,500 6. Re-Monumentation $1,250 7. Expenses $1,000 TOTAL NOT -TO -EXCEED FEE: $109,050 IV. 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 "not -to -exceed" amount listed in Section III. 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. 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 licensed professional as required by Iowa law. 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 acknowledges 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. Indemnification To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance 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 in the sum of -10- $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. 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. For the City By: Title: Mayor Date: 9/15/20 Attest: 1-4 11OUl'i IL For the By: Consultant j Qi— Title: Project Manager Date: 9/08/20 ved by: ity Attorney's Office - arcs - f (erg -lo e� q- 9 - -) c Date SHIVEI 1/=;1 1 A R C H I 1 F I I U f 1 14 " I N F F R I N b STANDARD HOURLY FEE SCHEDULE Effective January 1, 2020 to December 31, 2020 PROFESSIONAL STAFF: Grade 1 $ 90.00 Grade 2 $109.00 Grade 3 $122.00 Grade 4 $136.00 Grade 5 $150.00 Grade 6 $163.00 Grade 7 $177.00 Grade 8 $195.00 Grade 9 $210.00 ADMIN STAFF: $ 62.00 SURVEY STAFF: One Person Two Person One Person with ATV Two Person with ATV Drone Surveyor (Video or Photogrammetry) Drone Surveyor (Thermography) Hydrographic Survey Crew (Two Person) Scanning Surveyor Surveyor with Two Scanners REIMBURSABLE EXPENSES: TECHNICAL STAFF: Grade 1 $ 63.00 Grade 2 $ 78.00 Grade 3 $ 88.00 Grade 4 $ 95.00 Grade 5 $108.00 Grade 6 $122.00 Grade 7 $137.00 $135.00 $208.00 $161.00 $234.00 $160.00 $320.00 $254.00 $175.00 $250.00 ArrACtiMEhlT A TRAVEL Cost+ 10% Color Prints: IN-HOUSE SERVICES Cost + 10% Letter Size $ 1.00 Mileage- Car/Truck $0.58/ Mile Prints/Plots: Cost+10% Mileage- Survey Trucks $0.68/ Mile Bond $ .30/Sq. Ft. Lodging, Meals Cost + 10% Mylar $ .75/Sq. Ft. Airfare Cost + 10% Photogloss $ .90/Sq. Ft. Car Rental Cost + 10% Color Bond $ .60/Sq. Ft. Foam Core Mounting $ 13.00 OUTSIDE SERVICES Aerial Photogrammetry Cost+ 10% Color Prints: Professional Services Cost + 10% Letter Size $ 1.00 Prints/Plots/Photos Cost + 10% Legal Size $ 2.00 Deliveries Cost+10% 4" K Prepared by: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 20-227 Resolution authorizing the Mayor to sign and the City Clerk to attest an amendment to sanitary sewer easement agreements associated with the Kwik Trip, Inc. site plan in the Braverman Center Subdivision. Whereas, Kwik Trip, Inc. ("Applicant") submitted a site plan for development of a convenience store to be located at the corner of Hollywood Blvd. and Keokuk Street in Iowa City, Iowa, which has been platted and developed as three separate lots, with easements dedicated and the infrastructure installed to provide sanitary sewer accordingly; Whereas, Applicant, contract buyer of the encumbered land, on behalf of Owners, has requested that the City amend the sanitary sewer easement agreements to modify the location of the easement area; and Whereas, the existing sewer mains will be abandoned upon redevelopment and a new sewer main installed, thus ensuring continued sanitary sewer service to the development; Whereas, City staff has reviewed the request and recommends approval; and Whereas, the execution of said easement amendment is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that The City does hereby approve the amended easement agreement, as set forth in the attached Amendment to Sanitary Sewer Easement Agreement. 2. The Mayor is hereby authorized to sign and the City Clerk to attest said amendment. 3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above -referenced amended easement agreement in the Johnson County Recorder's Office at the expense of Applicant. Passed and approved this 15th day of September 2020. MA R ATTEST: APPROVED BY: Ja-tcr 1 6ao" CITY CLERK City Attorney's Office 7fi q 2 0 Resolution No. Page 2 20-227 It was moved by Thomas and seconded by Taylor Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner the Amendment to Sanitary Sewer Easement Agreements This Amendment is entered into on this !S day of September, 2020, by and among the City of Iowa City, Iowa, a municipal corporation, (hereinafter "the City"), Matt Guran by Tim B. Kuiken, Attorney in fact for Matt Guran, as President of Royal Midwest, Inc., an Iowa Corporation, Randall R. Cole and Christine I. Cole, husband and wife as joint tenants with full right of survivorship as to an undivided 2/3 interest and Nancy K. Hebl and Scott E. Hebl, wife and husband, as joint tenants with full rights of survivorship as to an undivided 1/3 interest, and Suburban Gas and Oil, LLC, an Iowa limited liability company (hereinafter collectively referred to as "Owners") and Kwik Trip, Inc., a Wisconsin corporation (hereinafter "Applicant"). Whereas, Applicant desires to redevelop the following properties described as follows: Lot 1, in Block 4, in Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, Page 21, Plat Records of Johnson County, Iowa, except therefrom the following described property: Commencing at the northwest corner of said Lot 1, thence easterly along the north line of said Lot 1, a distance of 20 feet, thence southerly parallel to the west line of said Lot 1, a distance of 40 feet, thence westerly parallel to the north line of said Lot 1, a distance of 20 feet, thence northerly along the west line of said Lot 1, to the point of beginning; Lot 2, Block 4, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 21, Plat Records of Johnson County, Iowa; Tract designated "A" on Plat of Survey recorded May 19, 1965, in Plat Book 7, Page 9, Plat Records of Johnson County, Iowa, said Tract "A" being situated in the SEYa of the SEY< of Section 15, Township 79 North, Range 6 West of the 5th P.M. and Commencing at the Northwest corner of Lot 1 in Block 4, Braverman Center, according to the plat thereof recorded in Plat Book 7, Page 21, Plat Records of Johnson County, Iowa, thence Easterly along the North line of said Lot 1, a distance of 20 feet; thence Southerly parallel to the west line of said Lot 1, a distance of 40 feet, thence Westerly parallel to the North line of said Lot 1, a distance of 20 feet, thence Northerly along the West line of said Lot 1, to the point of beginning Whereas, said lots are encumbered by numerous sanitary sewer easements that Applicant desires to relocate or expand to accommodate its redevelopment plans; and Whereas, namely, there are existing public sanitary sewer mains within the easement areas described in the sanitary sewer easement agreements recorded in Book 412, page 128 and Book 212, Page 616 of the Johnson County, Iowa Recorder's Office; Whereas, there is a sanitary sewer easement shown on Plat Book 7, Page 9; and Whereas, there is a sanitary sewer easement shown on Plat Book 7, page 21; and Whereas, Owners and City now wish to amend the above-described agreements to accommodate the decommissioning of the existing sanitary sewer mains and construction of new sanitary sewer mains and to clarify the rights and responsibilities of the various parties as they relate to said sanitary sewer. Now, therefore, the parties hereto agree to amend the above-described easements as follows 1. Owners hereby grant and convey to the City a sanitary sewer easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas indicated as "Sanitary Sewer Easement" on the attached Easement Plat, hereinafter described as a "Sanitary Sewer Easement". 2. Owner further grants to the City a. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easements area, to such extent as the City may find reasonably necessary. Any grading into and onto said lands along and outside the easement area shall be done in a manner that will not unreasonably interfere with Owner's use of its property, and access thereto, outside the easement area. b. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement areas, and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City and restore the area to its condition prior. The City shall indemnify Owner against liability, unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City or by its agents or employees in the course of their employment. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. 4. Owners reserve the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement areas, except for storm sewer, light poles, electric lines and landscaping. Any such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. 5. Owners do hereby covenant with the City that they are lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owners be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owners until completion by Owner, and until acceptance by the City, as provided by law. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. 8. To the extent that the easement agreements and plats encumber: Lot 1, in Block 4, in Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, Page 21, Plat Records of Johnson County, Iowa, except therefrom the following described property: Commencing at the northwest corner of said Lot 1, thence easterly along the north line of said Lot 1, a distance of 20 feet, thence southerly parallel to the west line of said Lot 1, a distance of 40 feet, thence westerly parallel to the north line of said Lot 1, a distance of 20 feet, thence northerly along the west line of said Lot 1, to the point of beginning; Lot 2, Block 4, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 21, Plat Records of Johnson County, Iowa; Tract designated "A" on Plat of Survey recorded May 19, 1965, in Plat Book 7, Page 9, Plat Records of Johnson County, Iowa, said Tract "A" being situated in the SE% of the SE'% of Section 15, Township 79 North, Range 6 West of the 5th P.M. and Commencing at the Northwest corner of Lot 1 in Block 4, Braverman Center, according to the plat thereof recorded in Plat Book 7, Page 21, Plat Records of Johnson County, Iowa, thence Easterly along the North line of said Lot 1, a distance of 20 feet; thence Southerly parallel to the west line of said Lot 1, a distance of 40 feet, thence Westerly parallel to the North line of said Lot 1, a distance of 20 feet, thence Northerly along the West line of said Lot 1, to the point of beginning; the City does hereby vacate and release any right, title or interest in those easements that may have been created thereby. 9. The City further disclaims any right, title or interest in the private easement agreement executed by and between Archie Kodros and Southgate Development Company, Inc. recorded in Book 230, Page 352 of the Johnson County, Iowa Recorder, that may have been created by the Agreement regarding an Existing Sanitary Sewer Easement recorded in Book 4582, Page 908. 10. By signing below, Applicant, who is the contract buyer of the real estate, hereby gives its consent and approval to this amended sanitary sewer easement agreement and acknowledges that it will be bound hereto in the event that it acquires the real estate. Dated this L day of, 2020. CITY: Br6de Teague, Mayor ATTEST: Kellib K. Fruehling, Fity Clerk Approved by: ! �L .SCI Rir �..�ZFP�J7GtJ�'1�JE��o�,� City Attorney Office OWNERS: By: Matt Guran by Tim B. Kuiken, Attorney in fact for Matt Guran, as President of Royal Midwest, Inc., an Iowa rporation RaIIR.� le J� _ 1 C4, Christine I. Cole 0/t� �/� /r c4kw Nancy K. ebl colt E. HEM By: Suburban Gas and Oil, L.L.C. APPLICANT: By: Kwik Trip, Inc. STATE OF IOWA, COUNTY OF JOHNSON) ss: T is in trume was acknowledged before me of this0h day of �0 2020, by Bruce Teague and Kellie Fruehling as Mayor and City Clerk, respect) ely, of the City of Iowa City. ,3a�ll1�s CHRISTINE OLNEY i fLY Commission Number 806232 e�* My Commission Expires IOWA OWNERS ACKNOWLEDGEMENTS ,,,,and STATE OF COUNTY OF Notary Public In and For 4 State of Iowa This instrument was acknowledged before me of this 2020, by (NAME) as Midwest, Inc. ss: day of (TITLE) of Royal Notary Public In and For the State of STATE OF , COUNTY OF ) ss: This instrument was 2020, by Randall R Cole. ��r JASON'STAATS Commlulon Number 753326 My Junmifl8, n Expires STATE OF [&0(-L COUNTY OF This instrument was acknowledged before me of this t t 2020, by Christine I. Cole. JASON STAATS •rCommisslonNumber753326 My Commission Expires June 18, 2023 STATE OF at'y4— , COUNTY OF This instrument was acknowledged 2020, by Nancy K. Hebl. / JASON STAATS T. Commission Number 753326 My Commission Expires sw June 18, 2023 STATE OF I&WC ,COUNTY OF This instrument was 2020, by Scott E. Hebl. va `ss� JASON STAATS a$ Commission Number 753326 My Commission Expires • June 18'02023 STATE OF 1010e— COUNTY OF This instrument was a 2020, by (NAME) L.L.C. i day ofiT For the State of ss: In and For the State of ss: this � day n and For the State of ) ss: this 14 day 11-i In and For the State of I ss: before me of this day of (TITLE) of Suburban Gas and Oil, Scott E. Hebl By: urban Gas and Oil, L.L.C. APPLICANT: By:�EFFaFy Kwik Trip, Inc. STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me of this day of , 2020, by Bruce Teague and Kellie Fruehling as respectively, of the City of Iowa City. OWNERS ACKNOWLEDGEMENTS ,,,,and STATE OF COUNTY, This instrument was acknow dged 2020, by (NE) as Midwest, Inc. / STATE OF and City Clerk, Notary Pyl�lic In and For the State of Iowa ) ss: before me of this day of (TITLE) of Royal COUNTY OF Notary Public In and For the State of ss: This i trument was acknowledged before me of this day of 2020, by Ra dall R Cole. is In and For the State of STATE OF , CO 1' OF ) ss: APPLICANT'S ACKNOWLEDGEMENT STATE OF W S 04d , COUNTY OF (,11t fF- ) ss: nstrument wa is is acknowledged before me of this I I da of Awl((T 2020, byJ�� (NAME) as v�cFo' 'T 1299 Of 140JIIG (TITLE) of Kwik Trip, Inc.. (y/ROt r210 INC. vhfi �v P„aY poll, otary P lic In and For the State of w) WENDyA. BANASIK leo Nancy K. Hebl Scott E. Hebl By: Suburbdn Gas and Oil, L.L.C. APPLICANT: By: Kwik Trip, Inc. STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me of this , 2020, by Bruce Teague and Kellie respectively, of the City of Iowa City. OWNERS ACKNOWLEDGEMENTS ,,,,and STATE OF This instrument was ac owledged 2020, by (NAME) as Midwest, Inc. OF Of as Mayor and City Clerk, Public In and For the State of Iowa before me of this ss: day of (TITLE) of Royal Notary Public In and For the State of STATE OF / COUNTY OF ) ss: This instrument was acknowledged before me of this day of 2020, by Randall R Cole. Notary Public In STATE OF , COUNTY OF This instrument was acknowledged before me of 2020, by Christine I. Cole. For the State of ss: day of Notary Public In and For the State of STATE OF COUNTY F ) ss: This instrument was acknowl dged before me of this day of 2020, by Nancy K. Hebl. Notary Public In and For the State of STATE OF COUNTY OF ) ss: This instryffient was acknowledged before me of this day of 2020, by Scott g. Hebl. Notary Public In and For the State of STATE OF 72)t -OA , COUNTY OF AO 1 + (Q,'L�/` ) ss: n This instrument was acknowledged before me of this 1 4 day ofL 2020, by 1(0. AME) as V -,k lL� (TITLE) of Suburban Gas and Oil, L.L.C. WM9 N6942res STATE OF STATE OF Notary Public In and For the COUNTY OF APPLICANT'S ACKNOWLEDGEMENT COUNTY OF This instrument was acknowledged before me of 2020, by(NAMEy of Kwik Trip, Inc.. � ss: ss: day of of )U -?V4 (TITLE) Notary Public In and For the State of 8. To the extent that the easement agreements and plats encumber: Lot 1, in Block 4, in Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, Page 21, Plat Records of Johnson County, Iowa, except therefrom the following described property: Commencing at the northwest comer of said Lot 1, thence easterly along the north line of said Lot 1, a distance of 20 feet, thence southerly parallel to the west line of said Lot 1, a distance of 40 feet, thence westerly parallel to the north line of said Lot 1, a distance of 20 feet, thence northerly along the west line of said Lot 1, to the point of beginning; Lot 2, Block 4, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 21, Plat Records of Johnson County, Iowa; Tract designated "A" on Plat of Survey recorded May 19, 1965, in Plat Book 7, Page 9, Plat Records of Johnson County, Iowa, said Tract "A" being situated in the SE% of the BE/ of Section 15, Township 79 North, Range 6 West of the 5th P.M. and Commencing at the Northwest comer of Lot 1 in Block 4, Braverman Center, according to the plat thereof recorded in Plat Book 7, Page 21, Plat Records of Johnson County, Iowa, thence Easterly along the North line of said Lot 1, a distance of 20 feet; thence Southerly parallel to the west line of said Lot 1, a distance of 40 feet, thence Westerly parallel to the North line of said Lot 1, a distance of 20 feet, thence Northerly along the West line of said Lot 1, to the point of beginning; the City does hereby vacate and release any right, title or interest in those easements that may have been created thereby. 9. The City further disclaims any right, title or interest In the private easement agreement executed by and between Archie Kodros and Southgate Development Company, Inc. recorded in Book 230, Page 352 of the Johnson County, Iowa Recorder, that may have been created by the Agreement regarding an Existing Sanitary Sewer Easement recorded in Book 4582, Page 908. 10. By signing below, Applicant, who is the contract buyerof the real estate, hereby gives its consent and approval to this amended sanitary sewer easement agreement and acknowledges that it will be bound hereto in the event that it acquires the real estate. Dated this _ day of , 2020. CITY: Bruce Teague, Mayor ATTEST: Kellie K. Fruehling, City Clerk Approved by: City Attorney Office OWNERS: M-4 �� Qt46"-� By: Matt Guran by Tim Br.Kuiken, Attorney in fact for Matt Guran, as President of Royal Midwest, Inc., an Iowa Corporation Randall R Cale Christine I. Cole Nancy K. Hebl Gas an"il, L.L.C. Trip, Inc. STATE OF IOWA, COUNTY OF JOHDISON) ss: This instrument was ac owledged before me of this day of 2920, by Bruce Teague and Kellie Fruehling as Mayor and City Clerk, ively, of the City of t6wa City. Notary Public In and For the State of Iowa OWNERS ACKNOWLEDGEMENTS ,,,,and STATE OF COUNTY OFX��_J�1.5,Qn j ss: This instrument was acknowledged before me of this 14 day of S eM\)E r- 2020, 2020, by I\ c & fL,t vc," (NAME) as pv-es2Ap (TITLE) of Royal Midwest, Inc. NI `p l se CRY J N :° Commission Number 734696 My Commission Expiresparesplres . cw. • May 26, 2023 Notary Public n For the State of STATE OF , COUNTY OF ) ss: un F�j 1®®t�4 t-� 0 5 25 50 GRAPHIC SCALE IN FEET 1"=60' � Yu u n C7 IIA11 ON PLAY OF SURWEV IN A66ORPANCE WITH THE RAT ThEREM RECORDED N RAT 6OLK 7 AT PASS 9 GP THE RE66RPS OF THE JOHNSON COUNTY RECORDER'S OFFICE EASEMENT PLAT SANITARY SEWER -\ IOWA CITY, JOHNSON COUNTY, IOWA ova Q \ 40401 ft S69'1 L0719 o LOO K A LOCATION: PROPRIETOR LOT "A": A PORTION OF TRACT "A" ON PLAT RANDALL R & CHRISTINE I COLE OF SURVEY, AND A PORTION OF SCOTT E & NANCY K HEBL LOT 2 OF BRAVERMAN CENTER, 3696560TH STREET SW BLOCK 4, IN IOWA CITY, JOHNSON RIVERSIDE, IOWA 52327 COUNTY, IOWA. PROPRIETOR LOT 2: Pages or sheets covered by this seal: LAND SURVEYOR: ROYAL MIDWEST INC GLEN D. MEISNER P.L.S 210814TH STREET MMS CONSULTANTS INC. CORALVILLE, IOWA 52241 1917 SOUTH GILBERT STREET IOWA CITY, IOWA, 52240 DOCUMENT RETURN INFORMATION: LAND SURVEYOR PHONE: 319-351-8282 SURVEY REQUESTED BY: KWIK TRIP INC PO BOX 2107 LACROSSE. WI 54602 D RW ll ERIN AN OISWER IN ACCORDANCE WITH THE RAT THFREOr REGORGED IN RAT 606K 7 AT PAGE 21 OF THE ; SEWER EASEMENT RECOF?6 Cr THE IO-N�5ON GAANIY RECORDER'S N / AS RECORDED WOK 212 AT OFFICE PAGE 616 Of THE RECORDS OF THE JOHNSON CMTrY ' FOR LEGEND AND NOTES - CONGRESSIONAL SECTION LINES --------- RIGHT-OF-WAY LINES - CENTER LINES - LOT LINES, PLATTED OR BY DEED — — - EASEMENT LINES, WIDTH & PURPOSE NOTED - - - - -- EXISTING EASEMENT LINES, PURPOSE NOTED (R) - RECORDED DIMENSIONS ( - MEASURED DIMENSIONS UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS DESCRIPTION - SANITARY SEWER EASEMENT A PORTION OF TRACT "A" ON PLAT OF SURVEY, AND A PORTION OF LOT 2 OF BRAVERMAN CENTER, BLOCK 4, IN IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: i L\�I (T RRFELEn�Sv) POINT OF COMMENCEMENT Commencing at the Northeast Corner of Lot 2, of Block 4 Braverman Center, in accordance with the Plat I / Q 2 thereof Recorded in Plat Book 7 at Page 21, of the Records of the Johnson County Recorder's Office; Thence NORTHEAST CORNER LOT 2 L5 0, Southwesterly, 22.56 feet, along the East Line of said Lot 2 on a 1360.54 foot radius curve, concave I I N \ \ @ Southeasterly, whose 22.56 foot cord bears S16°40'24"W, to its intersection with the North Line of the Sewer 400 N Easement, as Recorded in Book 212 at Page 616 of the Records of the Johnson County Recorder's Office, EN / Z- EN o and the Point of Beginning; Thence continuing Southwesterly, 144.60 feet, along said East Line of Lot 2 on a \ od 1360.54 foot radius curve, concave Southeasterly, whose 144.53 foot chord bears S13"09'13"W; Thence --------------- _ J Q N69°13'06"W, 298.80 feet; thence S00°22'20"W, 91.78 feet; Thence N89°37'40"W, 20.00 feel, to a Point on �- the West Line of said Lot 2; Thence N00°22'20"E, along said West Line, and the West Line of Tract "A" on the o I I n \ d Plat of Survey Recorded in Plat Book 7 at Page 9 of the Records of the Johnson County Recorder's Office, N I o SEWER EA�ENT 252.07 feet, to a Point on the North Line of said Sewer Easement as Recorded in Book 212 at Page 616 of the N I A5 RFLORGED IN 606K 290 AT \ \ 6=0'57'00" PPSE 952 6F THE RE ORD 6F o 569'13'06"E Records of the Johnson County Recorder's Office; Thence S69°13'06"E, along said North Line, 21.34 feet; 1 R-1360.54' THE JOHNSON 66UNTY j� O� �j ��O((�� Q 25.68' Thence S00°22'20"W, 110.17 feet; Thence S69°13'06"E, 270.34 feet; Thence N19'56'16"E, 103.26 feet, to a O 2 D O v \\ L=22.56' / REGazDER's GfFI6E 9 _ Point on the North Line of said Sewer Easement as Recorded in Book 212 at Page 616 of the Records of the I (TO 6E RELEASED) C-11.26' I� Q�Q��p� ��'�� 7��. 1 C=22.56' Johnson County Recorder's Office; Thence S69'1 3'06"E, along said North Line, 25.68 feet, to the Point of I D / CB=S16'40'24"W' Beginning. Said Sanitary Sewer Easement contains 20,211 square feet, and is subject to easements and I IN AG6ORDANCE WITH THE RAT THEREOF �' j restrictions of record. X10.0' ` \973 Os^ RECORDS OF THE JOHNSON ACLLNnT PACE 21 Or TT -E Y E60RPEKS ,yOFFIM I ��E / V I hereby certify that this lend surveying document was prepared and the related survey work was performed by me or under my direct 1. Sq / / POI OF / personal supervision and that I am a duly licensed Professional Land 3 NyrgRy / / ppb\\\\\�\Ilhlllulllllll/p//// k Surveyor under the laws of the State of Iowa. / BEGINNING ; 12a.D• s � �/ If wr I t-cNi \ Z� 2j 7 3 �FR F \ ��34' o+ I NI Ig z s o.�\ ASFMFNT \�\\ �sos'z2" NI Ivr SEWER EASENTNF R=1360.54' oI I As RE�oEP IN POOK 412 Ar \ - y/ L=144.60' I PASS 125 Of THE ROrcDs GF I` T=72.37' ZI I-Im\ TI$ FI,JOHNSON CalffrY o r C=144.53' m (T RELEASED) A'6g73 6 C8=S73'09'13"W J -1 �l N89'37'40"W \ ' 70.0• . 20.00' � \ GLEN -`9' 20-1-0 GTLEN D. MEISNER D. _m=_-- P.L.S. Iowa Uc. No. 8165 MEISNER W\ yy My license renewal date Is December 31, 20 LL 8165 a „ „ooc it O ipvll1i,110111w1lA Pages or sheets covered by this seal: SEA CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsu (tants.net Date I Revislon 09/11/20 PER GDM REVIEW -LSS EASEMENT PLAT SANITARY SEWER A PORTION OF TRACT "A" ON PLAT OF SURVEY, AND A PORTION OF LOT 2 OF BRAVERMAN CENTER, BLOCK IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date` 08-26-2020 Designed N. Fleld Book No - GDM 1278,1279 Drawn by: Scale: RLW 1"=50' Checked lou: I5heet No Project No: IC 10948-001 of: Item Number: 12. CITY OF IOWA CITY `�� COUNCIL ACTION REPORT September 15, 2020 Resolution establishing Ad Hoc Truth and Reconciliation Commission. Prepared By: Councilors Weiner and Bergus Reviewed By: Eleanor Dilkes, City Attorney Geoff Fruin, City Manager Ashley Monroe, Assistant City Manager Fiscal Impact: Cost of hiring Facilitator Cost of additional expert media assistance if determined necessary by commission. Recommendations: Staff: Approval Commission: N/A Attachments: Memo from City Attorney Resolution Executive Summary: Creation of an Ad Hoc Truth and Reconciliation Commission is one of the commitments made by the City Council in Resolution No. 20-159 to address the Black Lives Matter Movement and Systemic Racism. The proposed resolution creates the Commission, specifies the members to be determined by Council appointment, sets forth the charges of the commission and the reports and recommendations to be made by the commission to the City Council. Background /Analysis: ATTACHMENTS: Description Memo from City Attorney Resolution City of Iowa City Date: September 10, 2020 To: City Council From: Eleanor M. Dilkes, City Attorney Re: Truth and Reconciliation Commission Councilors Bergus and Weiner have revised the resolution creating the Truth and Reconciliation Commission (TRC) and it is included in your agenda packet, It is my understanding that since the last council meeting they have had further discussions with the Iowa Freedom Riders (IFR) and other interested parties. As you know, IFR submitted proposed revisions to an earlier draft of the resolution, some of which have been incorporated and some of which have not for both legal and non -legal reasons. This memo will review the changes requested by IFR that I found to be problematic: Undefined Mandates and Budget Authority IFR proposed that the mandates in the resolution "include but are not limited to" the listed mandates. IFR also proposed that the TRC have independent budget authority: "[T]he TRC shall have independent authority to direct expenditures of an initial operational budget of $250,000, not including the expense of the consultant.... The budget shall be used by TRC to host events, compensate artists, filmmakers and other contributors to the TRC process (not including fact witnesses), and otherwise fulfill the TRC mandate." The establishment of mandates by the elected officials is a determination that the funds will be spent for a public purpose. City Council members are elected and charged with determining how city funds will be spent. IFR's proposal for the TRC to determine their own mandates and have control of city funds gives them authority that is not envisioned by either the state code or the city charter, As you know from the grant money the Council has given to organizations for COVID relief, even if the TRC were a separate non-profit, the Council would need to identify the public objectives for which the funds would be used. The latest draft of the resolution addresses this problem by including a finite list of mandates and a TRC recommendation to Council for a preliminary budget. 2. , Independence from Council IFR proposes that "the TRC shall operate and make decisions independent of the City Council, including so that it may fully address the nature and extent of the role of the City Council as regards the persistence of racial injustice in Iowa City." No board or commission created by the City Council can be truly "independent," The "power of a city is vested in the city council except as otherwise provided by state law." Iowa Code Section 364.2. This Council has, on numerous occasions, expressed its support for the Black Lives Matter movement and committed to supporting the TRC. In practice, the Council allows city commissions to operate as advisory boards and does not interfere with their work. The legal reality, however, is that this Council or a future Council could change the mandates of the Commission, limit its budget or terminate the Commission entirely. The TRC would need to be its own legal entity, such as a non-profit, rather than a Council -created commission, to attain such independence. 3. TRC to take affirmative action to support those witnesses who allege retaliation. Paragraph 11 of IFR's proposal would authorize the TRC "to take strong affirmative September 10, 2020 Page 2 action in support of witnesses who allege retaliation following their participation in the TRC process." "Affirmative action" is not defined and the lack of definition creates the perception that the TRC has some power, other than persuasion, protest or speech, to sanction those who retaliate. In addition, the ambiguity is compounded when combined with IFR's requests for an unlimited mandate and budget control, For example, it would allow the TRC to provide financial assistance to an allegedly aggrieved party as either the plaintiff or defendant in a civil suit, or as the Defendant in a criminal action. The proposed alternative language focuses on providing a safe and supportive environment for participants, rather than implying the TRC has punitive authority. 4. Compulsion of Witnesses and Identification of "Perpetrators" IFR, in its 9th "whereas" clause speaks of identifying "perpetrators" and in paragraph 10 proposes that the Council commit to "leverage the City Council's official and persuasive authority to the maximum extent possible to assure TRC access to documents and witnesses," The Council has no "official authority" to obtain private documents or require persons to speak to the TRC. Prosecution or punishment of "perpetrators" is not contemplated by the TRC framework. To the extent that any discrimination uncovered is still actionable (i.e. within the applicable statutes of limitation), the City has a process for filing a complaint in our Human Rights Ordinance. Further, the TRC can choose to refer participants who may have actionable claims or who have suffered injury to third -party legal or social service providers. Please give me a call if you have questions. Prepared by: Council members Janice Weiner and Laura Bergus I Resolution No. 20-228 Resolution establishing Ad Hoc Truth and Reconciliation Commission Whereas, in Resolution No. 20-159 (Initial Commitments addressing the Black Lives Matter Movement and Systemic Racism in the wake of the murder of George Floyd by the Minneapolis Police and calls for action from protesters and residents), the Iowa City City Council resolved as follows: By October 1, 2020, create an ad hoc Truth and Reconciliation Commission to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement; and, Whereas, the City Council committed to allocate City funds of $1,000,000 during the present Fiscal Year to support Resolution 20-159, which includes a variety of initiatives, among them the Truth and Reconciliation Commission; and, Whereas, truth and reconciliation underscores the imperative that confronting and reckoning with the past is necessary for successful transitions from conflict, injustice, resentment and tension to peace, equality and connectedness; and, Whereas, while we acknowledge that other forms of injustice and challenges have occurred over the course of the history of the city of Iowa City, the focus of this Commission is on race; and, Whereas, the City Council acknowledges the existence of painful, systemic, persistent, and varied forms of racial injustice in Iowa City, and acknowledges that such injustice persists despite past efforts to address it, consistent with observations that systemic racism and white privilege are deeply resistant to change; and, Whereas, the Iowa City community must look comprehensively into its past and bear witness to the truth of racial injustice in order to provide the best possible foundation for moving into a future of equity based on healing and hope; and, Whereas, the City Council recognizes that, for a Truth and Reconciliation process to be meaningful, it must include bold action to confront privilege, stimulate difficult conversations, and reach and engage a full cross-section of the community, including those in the community not inclined to engage or resistant to engagement; and, Whereas, a comprehensive process will require that City of Iowa City departments and the City Council itself participate, including individual councilors, in good faith, in the process and to actively encourage broad participation throughout the community, and the City Council hereby commits to such participation and encouragement; and, Whereas, creation of an Ad Hoc Truth and Reconciliation Commission is in the best interests of the City and its residents. Now, Therefore, Be It Resolved by the City Council of the City of Iowa City, that: 1. The Ad Hoc Truth and Reconciliation Commission (TRC) is hereby established Resolution No. 20-228 Page 2 2. The TRC shall have nine members who are representative of the City's BIPOC communities and organizations, including those who have direct lived experience with systemic racism, as well as experts who support those communities. To the extent possible, as determined by the City Council, the TRC shall include representation from groups such as the Iowa Freedom Riders, the Black Voices Project, the South District Neighborhood Association, the Iowa City Human Rights Commission, and the Community Police Review Board. Johnson County residency is required. Iowa City residency is preferred but not required if an applicant offers expertise or representation not available from applicants who reside in Iowa City. Members of other City boards and commissions are eligible to serve on the TRC. 3. Applications for membership on the TRC shall be announced, advertised, and available in the same manner as those for all City boards and commissions. 4. The TRC shall select the Chair, who when present will preside over all meetings, and the Vice -Chair, who will serve as chair in the absence of the Chair. 5. Within the charges of the TRC set forth herein, the TRC is not required to seek approval from the City Council, mayor, or city manager to set its own agenda and prioritize its activities. 6. The TRC shall be facilitated by an independent consultant, funded by the City, with expertise in group facilitation and human rights, and to the extent possible, experience with diversity, implicit bias, mediation and conflict resolution, until such time as the TRC concludes by the favorable vote of at least three-fourths of all the members of the TRC (7/9) that facilitation is no longer needed. 7. To conform with the requirements of laws pertaining to open meetings and public records and to facilitate transparency and public education and participation, administrative/clerical assistance and media/event assistance shall be provided by City staff as determined by the City Manager and City Clerk. Media assistance may be supplemented by outside expertise on a case-by-case basis if the Commission believes it will substantially expand outreach. 8. The TRC shall determine the frequency and conduct of its meetings. The meetings will be open to the public and conducted in accordance with Chapter 21 of the Iowa Code. Records, documentation, and communications of the TRC will be public records under Chapter 22 of the Iowa Code. 9. The TRC shall serve from the date of appointment of all members to June 30, 2022. The TRC shall have an organizational meeting no later than 30 days after the appointment of all members. 10. Within 90 days of its organizational meeting, the TRC shall recommend to City Council a preliminary budget for funds needed to carry out the charges of the TRC beyond what existing City staff, programs, and services can provide. 11. The charges of the TRC are as follows: A. Fact -Finding The TRC shall collect evidence, including first-hand testimony, of discrimination and racial injustice in multiple settings and compile a complete record of racial injustices that will inform and support the fundamental institutional and policy reforms necessary to address systemic racism. Resolution No. 20-228 Page 3 B. Truth -Telling The TRC shall: 1) Provide multiple fora and creative opportunities for persons impacted and traumatized by racial injustice to share their stories of racial injustice and experience to be heard by: (a) fellow communities of color; (b) a broad cross section of the entire Iowa City community; and (c) key decision - makers in city government, the business community and the University; 2) Explore ways to provide such opportunities through art, music, theater, workshops, rallies and other forms of congregation, multimedia and listening designed to reveal truths that cannot be fully expressed in traditional fora; and, 3) Create a repository for community stories expressed in multiple media (written, video, audio, art) that can be catalogued and used to educate and inform members of the community. C. Reconciliation The TRC shall: 1) Provide opportunity for and facilitate direct conversation among and between community members of color, white community members and representatives of various sectors in which people of color experience discrimination and injustice (e.g. police and protesters, landlords and tenants, students and teachers, patients and health care providers, business owners and staff); 2) Create a replicable model that provides a structure for enabling these conversations throughout the city; 3) Make available opportunities for a broad cross section of the community to learn about discrimination and racial injustice in our community; and, 4) Identify and recommend to the City Council institutional and policy reforms, new social practices, expectations, protocols, habits, rituals, conversations and celebrations that will move Iowa City toward a shared experience of race and difference, justice and equity and community and harmony. 12. The TRC shall strive to provide a safe and supportive space for its work, premised on mutual respect, and shall conduct its work so as to promote healing and justice. The TRC shall consider the possibility of adverse actions against those who participate in its work. The TRC shall carefully consider mechanisms to protect participants, and shall work to support those who allege harm due to their participation in the TRC process. 13. The TRC shall submit periodic updates to City Council to include, but not be limited to: its plans for community education; recommendations for Council action; requests for resources the TRC needs to carry out its work; and recommendations to dedicate and/or rename public spaces and/or rights of way in honor of the Black Lives Matter movement. 14. By May 1, 2022 the TRC shall submit to City Council: A. A report summarizing the work of the TRC. B. A repository of community stories expressed in multiple media (written, video, audio, art). C. Recommendations to the City Council for: 1) Institutional and policy reforms to end systemic racism; 2) Opportunities to create new social practices, expectations, protocols, habits, rituals and celebrations that will move Iowa City toward a shared experience of race and difference, justice and equity and community and harmony; 3) Measures to enhance the autonomy/security/sovereignty of communities of color and mitigate disparities in social and economic power; and 4) A recommendation on whether and in what form the work of the Commission should continue. 15. At any time in its work, and no later than June 30, 2022, the TRC shall strive to submit to City Council a replicable model and structure for conversations between people of color Resolution No. 20-228 Page 4 and white community members and representatives of various sectors in which people of color experience discrimination and injustice. 16. Absent further action by the City Council, the TRC will dissolve on June 30, 2022. Passed and approved this 15 day of September, 2020. ted by City Attorney's Office - 09/10/2020 Resolution No. 20-228 Page 5 It was moved by Thomas and seconded by Salih the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bergus x Mims x i . Salih x Taylor X Teague x Thomas Weiner Prepared by: Council members Janice Weiner and Laura Bergus �J I Iii Resolution No. ution establishing Ad Hoc Truth and Reconciliation Commission Whereas, 'n Resolution No. 20-159 (Initial Commitments addressing the Black Lives Matter Movement kd Systemic Racism in the wake of the murder of George Floyd by the Minneapolis Police ands for action from protesters and residents), the Iowa City City Council resolved as follows: By October 2020, create an ad hoc Truth and Reconciliation Commission to b r witness to the uth of racial injustice in Iowa City and to carry out restorative j ice, through the colli\tionof timony and public hearings, with such work to i ude a recommendatiouncil of a plan for dedicating and/or renaming ublic spaces and/or rights of or of the Black Lives Matter movement; anWhereas, truth and recnderscores the imperative that confro ing and reckoning with the past is necessssful transitions from conflict, inju ce, resentment and tension to peace, equan ctedness; and, Whereas, while we acknowledge that o er forms of injustice d challenges have occurred over the course of the history of the cityo owa City, the foc s of this Commission is on race; and, Whereas, the Iowa City community must look c pr ensively into its past and bear witness to the truth of racial injustice in order to provide theb t possible foundation for moving into a future of equity based on healing and hope; and Whereas, creation of an Ad Hoc Truth and R nciliation\Cityof'sswa 'on is in the best interests of the City and its residents. Now, Therefore, Be It Resolved by th City Council of the City, that: 1. The Ad Hoc Truth and Commission (TRC) is h*eby established. 2. The TRC shall have (11?) members who are representa a of the City's BIPOC communities and or anizations, including those who have dire lived experience with systemic racism, a ell as experts who support those communities. o the extent possible, as determined by e City Council, the TRC shall include representat n from groups such as the Iowa Fr dom Riders, the Black Voices Project, the South Di rict Neighborhood Association, t Iowa City Human Rights Commission and the Commu 'ty Police Review Board. low ity residency is preferred but not required if an applicant o ers expertise or represent on not available from applicants who reside in Iowa City. Me bers of other City boar s and commissions are eligible to serve on the TRC. 3. Appli tions for membership on the TRC shall be announced, advertised, and )available in the §ame manner as those for all City boards and commissions. \ 4. Tfie TRC shall select the Chair, who when present will preside over all meetings, .1md the Vice -Chair, who will serve as chair in the absence of the Chair. Resolution No. Page 2 5. The TRC shall be facilitated by an independent consultant, funded by the City, with expertise and experience in group facilitation and human rights, until such time as the TRC concludes by the favorable vote of at least three-fourths of all the members of the TRC (7/9 or 9/11) that facilitation is no longer needed. Administrative/clerical assistance and media/event assistance shall be provided by City staff as determined by the City Manager and City Clerk. dia assistance may be supplemented by outside expertise on a case-by-case basis if the Cn o�imission believes it will substantially expand outreach. 6. The C shall determine the frequency and conduct of its mgKtings. The meetings will beope to the public and conducted in accordance with C pter 21 of the Iowa Code. Records, ocumentation and communications of the T will be public records under Chapter 22 f the Iowa Code. 7. The TRC shall erve from December 1, 2020 (pI eholder) to May 31, 2022 (placeholder) and shall have a organizational meeting no lat than December 1, 2020 (placeholder). 8. The charges of the 1'1�C are as follows: A. Fact -Finding T TRC shall Ilect evidence, including first-hand testimony, of discrimination and cial injus 'ce in multiple settings and compile a complete record of racial injustices t t wil /form and support the fundamental institutional and policy reforms necessa address systemic racism. B. Truth -Telling The T sh I: 1) Provide multiple fora and creative opportunities for persons impacted a d traum tized by racial injustice to share their stories of racial injustice and expe ence to be and by: (a) fellow communities of color; (b) a broad cross section of a entire Iowa "ty community; and (c) key decision -makers in city government, t business commu ' and the University; 2) Explore ways to provide such opportu ities through art, musi theater, workshops, rallies and other forms of congregati , multimedia and listening esigned to reveal truths that cannot be fully expresse in traditional fora; and, 3) eate a repository for community stories express d in multiple media (written, vide audio, art) that can be catalogued and used t educate and inform members of the mmunity. C. Re onciliation The TRC shall: 1) Provide'opportunity for and facilitate direct c9hversation among and between community m tubers of color, white community embers and representatives of various sectors in hich people of color experience discrimination and injustice (e.g. police and prot\Cityuncil landlords and tenants, students and teachers, patients and health care p, business owners and staff); 2) Create a replicable model that providesture for enabling these conversations throughout the city; 3) Make availablenities for abroad cross section of the community to learn about discrimind racial injustice in our community; and, 4) Identify and recommend to thuncil institutional and policy reforms, new social practices, expectatiot Is, habits, rituals, conversations and celebrations that will move Iowa rd shared experience of race and difference, justice and equity and commd ha ony. 9. The TRC shall, every two months, submit periodic updates to City Council o include, but not be limited to: 1) recommendations to Council and/or resources that the C needs to carry out its work; 2) TRC's continuing efforts to educate and inform the comm6nity about racial injustice and any recommendations to the Council about enhancing those efforts; and Resolution No. Page 3 3) recommendations to dedicate and/or rename public spaces and/or rights of way in honor of the Black Lives Matter movement. 10. By May 15, 2022 (placeholder) the TRC shall submit to City Council: A. A report summarizing the work of the TRC. B. A repository of community stories expressed in multiple media (wri n, video, audio, art). Recommendations to the City Council for: 1) Institution and policy reforms to end ystemic racism; 2) Opportunities to create new cial practices, expectations, p tocols, habits, rituals and celebrations that will ove Iowa City toward a shared exp rience of race and difference, justice �nduity and community and harmony; 3) Me sures to enhance the autonomy/secovereignty of communities of color and mita ate disparities in social and a omic power; and 4) A recommendation on wheth and in what form the wor f the Commission should continue. 11. By May 31, 2022 (pla holder), time pe ing, the TRC shall strive to submit to City Council a replicable model and structurP,,for conversa ' ns between people of color and white community members and representatives of 111rious se ors in which people of color experience discrimination and injustice. 12. Absent further action byth ity Council, the TRC will dissolve on May 31, 2022 (placeholder). Passed and approved this / day of ATTEST: Approved by City Attorr (ey's Office — 08/26/2020 Item Number: 13. CITY OF IOWA CITY COUNCIL ACTION REPORT September 15, 2020 Resolution approving an application to the Iowa Economic Development Authority for State CDBG-CV funds. Prepared By: Erika Kubly, Neighborhood Services Coordinator Reviewed By: Tracy Hightshoe, Neighborhood & Development Services Director Fiscal Impact: Iowa City anticipates receiving $686,610 in federal CDBG-CV funds. Recommendations: Staff: Approval 1 •ui1 •N ►_ Attachments: Application Resolution Executive Summary: Iowa City anticipates receiving $686,610 in State CDBG-CV funds to prevent, prepare for, and respond to the COVI D-19 pandemic. The City must submit an application outlining the proposed uses of funds to the Iowa Economic Development Authority. Staff proposes to direct these additional CDBG-CV funds toward direct relief to households and to nonprofit agencies impacted by the pandemic as a continuation of programs initiated through the first CDBG-CV allocation. Background /Analysis: Congress provided $5 billion in the CARES Act for the Community Development Block Grant (CDBG) program, to be allocated by the Department of Housing and Urban Development (HUD) through different funding rounds. In the first Allocation Round, HUD used the FY20 CDBG formula allocation which resulted in $410,422 in CDBG-CV funds allocated directly to the City of Iowa City. In the second Allocation Round funds were allocated directly to states. The Iowa Economic Development Authority (IEDA) is administering these funds and has made them available to Iowa entitlement communities in an amount based on population. Iowa City anticipates receiving $686,610 in State CDBG-CV funds. Prior to moving forward with a grant agreement for these funds, the City must submit an application and get approval from I EDA on the proposed use of funds. Similar to the first CDBG-CV allocation, staff proposes to allocate approximately 60% to emergency housing payments to those at risk of eviction/foreclosure/utility shut off and 40% to non-profit agencies. The City will continue to prioritize homelessness prevention and services, child care services, mental health services, and food assistance as part of a community response to COVI D-19. Funds will be directed towards emergency housing assistance payments ($370,000) and nonprofit operational expenses ($247,949) with 10% of the allocation reserved for staff administration costs ($68,661). Staff will continue working with CommUnity Crisis Services and Food Bank for administration of emergency housing assistance payments. A second funding round will be held for nonprofits to apply for operational expenses once funds are available. In addition to meeting all CDBG requirements, CDBG-CV funds must be used to prevent, prepare for, and respond to COVI D-19. It is expected that all funds will be used to benefit low - and moderate -income residents of Iowa City and the proposed activities will not result in any relocation. Eighty percent of the state funding allocation must be spent by July 20, 2023 and all funds must be spent by July 20, 2025. The State CDBG-CV application was made available for public comment on September 10, 2020 in accordance with the City's Citizen Participation Plan. At the time of this submission no comments have been received. ATTACHMENTS: Description Entitlement CDBG-CV Application Resolution Entitlement CDBG-CV Application Name of City: Iowa City Allocation Amount: $686,610 General Considerations: 1. 70% of funds must be for Low -to Moderate Income Activities. 2. Include maps of targeted areas (if applicable) 3. Estimate the amount of funds allocated to activity delivery cost per unit or individual activity. Activity delivery cost will be the source of administration dollars for your city to administer these funds. HUD put out a CPD Notice about activity delivery costs vs. general administration costs: https://files.hudexchange.info/resources/documents/Notice-CPD-13-07-Allocating-Staff-Costs-Program- Adm inistration-Delivery-Costs-CDBG.pdf. 4. This is a non-competitive application. IEDA is seeking information on how you will expend your allocation (referenced above) of IEDA's CDBG-CV second allocation funds. 5. Funds will need to be expended by 7/20/25 6. 80% of the funds must be spent by 7/20/23 7. Unless waived or modified by the Federal Register Notice, all state CDBG regulations will govern these funds. Submit with the Application: 1. Cover Page: The application must be accompanied by a letter on City letterhead signed by the Chief Elected Official authorizing IEDA to consider the application 2. Applicant Disclosure Report: https://www.hud.gov/sites/documents/2880.PDF 3. Federal Assurances Signature Page: http://www.iowaeconomicdevelopment.com/userdocs/documents/ieda/FEDERALASSURANCESSIGNATUREPAG E.doc 4. Public Hearing minutes and the notification of the public hearing. Instructions for the public hearing can be found on the next page. Origin of Funds: HUD announced on May 11,2020 the availability of a second round of $1 billion in CDBG-CV funds for states which allowed them to fund activities in entitlement areas: https://www.hud.gov/sites/dfiles/CPD/documents/Revised CDBG-CV2 Methodology.pdf. The state decided to allocate these funds to entitlements based upon population. HUD has also released a Federal Register notice about the funds https://www.hud.gov/sites/dfiles/CPD/documents/FR- 6218-N-01-CDBG-CV-clean-8-7-20-header-for-posting.pdf Program Descriptions: Please answer the questions starting on the next page for each program. There can be more than three programs, complete the questions for as many programs as you plan to fund. The programs should meet the needs of the COVID-19 response for your community. It will be important to remember that a Duplication of Benefits will be required for these funds. IEDA will work with you on developing forms and submission requirements to assure that funds will not be duplicated and that there is still an unmet need that these CDBG-CV dollars can meet. Next Steps: After your community submits the entitlement application, it will be reviewed by IEDA staff and approved by our Director. IEDA will be unable to send an award letter or contract until HUD issues the CDBG-CV funds Federal Register notice. Once published, IEDA will notify you to determine in any other application materials will need to be submitted before IEDA can send you an award letter and contract. Overall Budget (add as many lines as you need): Program Amount of Funds Activity Delivery Cost Per Unit or National objective Individual Activity 1. Emergency Housing $390,000 ADC: $37,000 (Community) LMI Assistance Payments ADC: $20,000 (Iowa City) Per Unit: $826 ($57,000/69 units) 2. Nonprofit $296,610 ADC: $48,661 (Iowa City) LMI Operational Expenses Per Unit: TBD Total amount $686,610 Public Hearing Instructions: The purpose of the hearing is to make the public aware of the application to IEDA to spend the CDBG-CV funds allocated to the City. Publication: The public hearing notice must be published no more than 20 days and no less than 4 days from the date of the public hearing. The notification should follow the Cities normal protocols for publication. These can be in the paper, posted, or electronically posted. Public Hearing: The City should follow their normal public hearing protocols. These can be virtual or in-person. The public hearing must include: 1. Need for the CDBG project 2. Description of the CDBG funded project & activities 3. The amount of CDBG funds for the project 4. Estimated amount of CDBG assistance that will benefit low -and moderate -income persons 5. The location of project activities 6. Any relocation that will have to take place because of the CDBG project 7. City/ County contact information for residents to contact with concerns or complaints regarding the project 8. Community Development and Housing Needs of low to moderate persons in the City and any planned or potential activities to address these needs. The City should ask for public input on this item and include public comments in the minutes. 9. Other Community Development and Housing needs and any planned or potential activities to address these needs. The City should ask for public input on this item and include public comments in the minutes. Minutes: The public hearing minutes from the hearing must include the information provided at the hearing on the 9 points listed above. Program Descriptions (add as many as you need): Program 1 Name: Emergency Housing Assistance Payments 1. Eligible Activity: a. Public Services 2. National Objective (if LMI, discuss how you will determine LMI) LMI — CommUnity Crisis Services and Food Bank will be responsible for determining income. The initial intake process will include completion of an application, collecting source documentation showing income before COVID and current income, as well as a self -certification of assets. 3. Funds allocated to the Program: a. $390,000 4. Description of the program: a. The City of Iowa City will partner with CommUnity Crisis Services and Food Bank to provide emergency housing assistance payments to individuals and households under 80% AMI impacted by the COVID-19 pandemic. Payments will be made up to $4,800 per household for emergency rent, mortgage, and/or utility assistance for a maximum of six months. Payments will be made directly to the landlord, mortgage lender, and/or utility provider. b. CommUnity will receive activity delivery costs in the amount of $37,000 for this program, and $333,000 will be used for direct assistance. Additionally, the City of Iowa City's activity delivery will be $20,000 for this project. 5. Describe the criteria that will be used to select applications and the relative importance of these criteria: Applicants must meet the following criteria: a. Applicants must be ineligible for the Iowa Finance Authority's Eviction and Foreclosure Prevention Program. The subrecipient must complete due diligence to verify if a duplication of benefits has occurred. b. Applicants must reside within Iowa City, IA. c. Applicants must document that they experienced a reduced income due to COVID-19. d. Applicants must demonstrate that they are responsible for the requested rent/mortgage payment. e. Landlords/Property Owners must submit a signed statement that they will not evict the tenant for non- payment of rent or for any previous lease violation. f. Households must show a need for assistance and those with sufficient, readily available savings, may receive a reduced mount of assistance or be denied assistance. g. If the Applicant is a full-time student under the age of 24, they must qualify under the HUD Section 8 Part 5 Definition as defined in 24 CFR Part 5. h. Housing Choice Voucher tenants, public housing or any tenant receiving monthly housing benefits, adjust for income, from the government are not eligible for assistance. 6. Describe threshold factors and anticipated award amounts: a. Households may receive up to $4,800 total for up to six months of assistance. At the maximum amount, Iowa City would be able to serve 69 households. It is expected that some applicants will not require the full amount of assistance. 7. Estimate on the number of families assisted: a. 69 8. Describe how the planned activity targets public health, coronavirus, and housing and economic disruption needs directly: a. The pandemic has resulted insubstantial economic disruption for residents due to job losses or reduced work hours. The planned activity will assist low- and moderate -income individuals and households who have experienced a reduction of income due to COVID by providing emergency housing assistance payments. This will allow people to remain in their home and will prevent an increase in homelessness in our community. 9. Describe how this program will help you expend 80% of your funding by 7/20/2023 a. The City of Iowa City will have a program agreement in place with CommUnity Crisis Services and Food Bank which will include timing of performance measures. It is expected that at least 27% of funds will be spent by July 2021, 53% by July 2022 and 80% by July 2023. 10. Please list dates and percentages to reach 80% by 7/20/2023: Date Amount of Funds Percentage of Funds 7/20/2021 $104,000 27% 7/20/2022 $208,000 53% 7/20/2023 $312,000 80% Program 2 Name: Nonprofit Operational Expenses 1. Eligible Activity a. Public Services 2. National Objective (if LMI, discuss how you will determine LMI): a. LMI — Subrecipients will be responsible for verifying income. At minimum this will consist of self - certification of income with a percentage of recipients providing source documentation. 3. Funds allocated to the Program: a. $296,610 4. Description of the program: a. Funds will be made available for operational costs of local nonprofits who serve low- and moderate - income residents to address immediate needs created by the COVID-19 pandemic. This may include advocacy, case management, referrals, service coordination, education, counseling, legal assistance, and funding for the staff to implement these activities. Funds must be used for new programs or services, or to address an increase in costs/services due to COVID-19. 5. Describe the criteria that will be used to select applications and the relative importance of these criteria: a. The City of Iowa City has prioritized the following categories for CDBG-CV assistance. All agency applications must fulfill one of these categories. i. Homeless Prevention & Services ii. Child Care Services iii. Mental Health Services iv. Food Assistance b. Applications will also be reviewed by City staff for: i. Project Eligibility ii. Project Need (as it relates to COVID-19) iii. Agency Capacity iv. Readiness to Proceed v. Community Collaboration vi. Population Served vii. Program Budget c. The items of highest importance will be project eligibility, project need, population served, and readiness to proceed. All projects must be able to comply with CDBG-CV program requirements. 6. Describe threshold factors and anticipated award amounts: a. While we have not established minimum or maximum award amounts, it is estimated that awards will range from $10,000-$50,000. The amount of funding awarded per persons assisted will vary depending on the agency and the services they provide. 7. Estimate on the number of families assisted: a. TBD 8. Describe how the planned activity targets public health, coronavirus, and housing and economic disruption needs directly: a. The planned activity will allow local nonprofits to continue operating and meeting the community's changing needs through the pandemic. Agencies are increasing services and developing new and alternative ways to safely continue providing services to members of the community. This is critical as the pandemic has caused substantial loss or decrease of income for many residents. The ability to receive food assistance, child care services, mental health services, and homeless prevention/services will mitigate the housing, economic and public health disruptions caused by the coronavirus. 9. Describe how this program will help you expend 80% of your funding by 7/20/2023 a. Agencies will be required to provide a timeline for their proposed project in the application and this will be taken into consideration for funding awards. The program agreement between the City of Iowa City and the agency will also include timing and performance expectations. Due to the urgency of the COVID-19 community response, it is expected that most projects will expend funds well before July 2023. 10. Please list dates and percentages to reach 80% by 7/20/2023: Date Amount of Funds Percentage of Funds 7/20/2021 $79,096 27% 7/20/2022 $158,192 53% 7/20/2023 $237,288 80% l� Prepared by: Erika Kubly, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 90_929 Resolution approving an application to the Iowa Economic Development Authority for State CDBG-CV funds Whereas, the U.S. Department of Housing and Urban Development (HUD) announced on May 11, 2020 the availability of a second round of CDBG-CV funds for states to fund activities in entitlement areas; and Whereas, the Iowa Economic Development Authority has allocated State of Iowa CDBG-CV to entitlement communities based on population; and Whereas, the City of Iowa City anticipates an allocation of $686,610 in State of Iowa CDBG-CV funds to prevent, prepare for, and respond to the COVID-19 pandemic; and Whereas, the Entitlement CDBG-CV Application contains the proposed use of funds attached hereto as Appendix A; and Whereas, the City has held a public comment period and public meeting on the Entitlement CDBG-CV Application and the proposed use of funds; and Whereas, adoption of Iowa City's Entitlement CDBG-CV Application will make Iowa City eligible for federal funds administered by the Iowa Economic Development Authority; and Whereas, the City Council finds that the public interest will be served by the approval of the Entitlement CDBG-CV Application and submission to the Iowa Economic Development Authority. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City of Iowa City Entitlement CDBG-CV Application, containing the proposed use of funds attached hereto as Appendix A, is hereby approved and adopted. 2. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the State CDBG-CV funds. 3. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City's Entitlement CDBG-CV Application to the Iowa Economic Development Authority and is further authorized and directed to provide all the necessary certifications or documents required by the Iowa Economic Development Authority or the U.S. Department of Housing and Urban Development. 4. The City Manager is hereby authorized to execute, terminate, or amend State CDBG-CV Agreements executed in connection with the allocation of public funds with sub - recipients or other legal entities. Resolution No. 20-229 Page 2 Passed and approved this 151 day of September 2020. Attest: 4110fl City Clerk ly ayor A City Attorney's Office (Sue Dulek — 09/10/2020) It was moved by Mims and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner APPENDIX A Entitlement CDBG-CV Application Name of City: Iowa City Allocation Amount: $686,610 General Considerations: 1. 70% of funds must be for Low -to Moderate Income Activities. 2. Include maps of targeted areas (if applicable) 3. Estimate the amount of funds allocated to activity delivery cost per unit or individual activity. Activity delivery cost will be the source of administration dollars for your city to administer these funds. HUD put out a CPD Notice about activity delivery costs vs. general administration costs: https://files.hudexchange.info/resources/documents/Notice-CPD-13-07-Allocating-Staff- Costs-Progra m -Adm i n istration-Delivery-Costs-CDBG. Ddf. 4. This is a non-competitive application. IEDA is seeking information on how you will expend your allocation (referenced above) of IEDA's CDBG-CV second allocation funds. S. Funds will need to be expended by 7/20/25 6. 80% of the funds must be spent by 7/20/23 7. Unless waived or modified by the Federal Register Notice, all state CDBG regulations will govern these funds. Submit with the Application: 1. Cover Page: The application must be accompanied by a letter on City letterhead signed by the Chief Elected Official authorizing IEDA to consider the application 2. Applicant Disclosure Report: https://www.hud.gov/sites/documents/2880.PDF 3. Federal Assurances Signature Page: http://www.iowaeconomicdevelopment.com/userdocs/documents/ieda/F E DE RALASSU RANCES SIGNATURE PAG E.doc 4. Public Hearing minutes and the notification of the public hearing. Instructions for the public hearing can be found on the next page. Origin of Funds: HUD announced on May 11,2020 the availability of a second round of $1 billion in CDBG-CV funds for states which allowed them to fund activities in entitlement areas: https://www.hud.gov/sites/dfiles/CPD/documents/Revised CDBG-CV2 Methodology pdf. The state decided to allocate these funds to entitlements based upon population. HUD has also released a Federal Register notice about the funds https://www.h ud.pov/sites/dfi les/CPD/documents/FR-6218-N-01-CDBG-CV-clea n-8-7-20-header-for- posting.pdf Program Descriptions: Please answer the questions starting on the next page for each program. There can be more than three programs, complete the questions for as many programs as you plan to fund. The programs should meet the needs of the COVID-19 response for your community. It will be important to remember that a Duplication of Benefits will be required for these funds. IEDA will work with you on developing forms and submission requirements to assure that funds will not be duplicated and that there is still an unmet need that these CDBG-CV dollars can meet. Next Steps: After your community submits the entitlement application, it will be reviewed by IEDA staff and approved by our Director. IEDA will be unable to send an award letter or contract until HUD issues the CDBG-CV funds Federal Register notice. Once published, IEDA will notify you to determine in any other application materials will need to be submitted before IEDA can send you an award letter and contract. Overall Budget (add as monv lines as you need): Program Amount of Funds Activity Delivery Cost Per Unit or National Individual Activity objective 1. Emergency Housing $390,000 ADC: $37,000 (Community) LMI Assistance Payments ADC: $20,000 (Iowa City) Per Unit: $826 ($57,000/69 units) 2. Nonprofit $296,610 ADC: $48,661 (Iowa City) LMI Operational Expenses Per Unit: TBD Total amount $686,610 Public Hearing Instructions: The purpose of the hearing is to make the public aware of the application to IEDA to spend the CDBG-CV funds allocated to the City. Publication: The public hearing notice must be published no more than 20 days and no less than 4 days from the date of the public hearing. The notification should follow the Cities normal protocols for publication. These can be in the paper, posted, or electronically posted. Public Hearing: The City should follow their normal public hearing protocols. These can be virtual or in- person. The public hearing must include: 1. Need for the CDBG project 2. Description of the CDBG funded project & activities 3. The amount of CDBG funds for the project 4. Estimated amount of CDBG assistance that will benefit low -and moderate -income persons 5. The location of project activities 6. Any relocation that will have to take place because of the CDBG project 7. City/ County contact information for residents to contact with concerns or complaints regarding the project S. Community Development and Housing Needs of low to moderate persons in the City and any planned or potential activities to address these needs. The City should ask for public input on this item and include public comments in the minutes. 9. Other Community Development and Housing needs and any planned or potential activities to address these needs. The City should ask for public input on this item and include public comments in the minutes. Minutes: The public hearing minutes from the hearing must include the information provided at the hearing on the 9 points listed above. Program Descriptions (add as many as you need): Program 1 Name: Emergency Housing Assistance Payments 1. Eligible Activity: a. Public Services 2. National Objective (if LMI, discuss how you will determine LMI) a. LMI — CommUnity Crisis Services and Food Bank will be responsible for determining income. The initial intake process will include completion of an application, collecting source documentation showing income before COVID and current income, as well as a self -certification of assets. 3. Funds allocated to the Program: a. $390,000 4. Description of the program: a. The City of Iowa City will partner with CommUnity Crisis Services and Food Bank to provide emergency housing assistance payments to individuals and households under 80% AMI impacted by the COVID-19 pandemic. Payments will be made up to $4,800 per household for emergency rent, mortgage, and/or utility assistance for a maximum of six months. Payments will be made directly to the landlord, mortgage lender, and/or utility provider. b. CommUnity will receive activity delivery costs in the amount of $37,000 for this program, and $333,000 will be used for direct assistance. Additionally, the City of Iowa City's activity delivery will be $20,000 for this project. 5. Describe the criteria that will be used to select applications and the relative importance of these criteria: Applicants must meet the following criteria: a. Applicants must be ineligible for the Iowa Finance Authority's Eviction and Foreclosure Prevention Program. The subrecipient must complete due diligence to verify if a duplication of benefits has occurred. b. Applicants must reside within Iowa City, IA. c. Applicants must document that they experienced a reduced income due to COVID-19. d. Applicants must demonstrate that they are responsible for the requested rent/mortgage payment. e. Landlords/Property Owners must submit a signed statement that they will not evict the tenant for non-payment of rent or for any previous lease violation. f. Households must show a need for assistance and those with sufficient, readily available savings, may receive a reduced mount of assistance or be denied assistance. g. If the Applicant is a full-time student under the age of 24, they must qualify under the HUD Section 8 Part 5 Definition as defined in 24 CFR Part 5. h. Housing Choice Voucher tenants, public housing or any tenant receiving monthly housing benefits, adjust for income, from the government are not eligible for assistance. 6. Describe threshold factors and anticipated award amounts: a. Households may receive up to $4,800 total for up to six months of assistance. At the maximum amount, Iowa City would be able to serve 69 households. It is expected that some applicants will not require the full amount of assistance. 7. Estimate on the number of families assisted: a. 69 8. Describe how the planned activity targets public health, coronavirus, and housing and economic disruption needs directly: a. The pandemic has resulted in substantial economic disruption for residents due to job losses or reduced work hours. The planned activity will assist low- and moderate - income individuals and households who have experienced a reduction of income due to COVID by providing emergency housing assistance payments. This will allow people to remain in their home and will prevent an increase in homelessness in our community. 9. Describe how this program will help you expend 80% of your funding by 7/20/2023 a. The City of Iowa City will have a program agreement in place with Comm Unity Crisis Services and Food Bank which will include timing of performance measures. It is expected that at least 27% of funds will be spent by July 2021, 53% by July 2022 and 80% by July 2023. 10. Please list dates and percentages to reach 80% by 7/20/2023: Date Amount of Funds Percentage of Funds 7/20/2021 $104,000 27% 7/20/2022 $208,000 53% 7/20/2023 $312,000 80% Program 2 Name: Nonprofit Operational Expenses 1. Eligible Activity a. Public Services 2. National Objective (if LMI, discuss how you will determine LMI): a. LMI —Subrecipients will be responsible for verifying income. At minimum this will consist of self -certification of income with a percentage of recipients providing source documentation. 3. Funds allocated to the Program: a. $296,610 4. Description of the program: a. Funds will be made available for operational costs of local nonprofits who serve low - and moderate -income residents to address immediate needs created by the COVID-19 pandemic. This may include advocacy, case management, referrals, service coordination, education, counseling, legal assistance, and funding for the staff to implement these activities. Funds must be used for new programs or services, or to address an increase in costs/services due to COVID-19. 5. Describe the criteria that will be used to select applications and the relative importance of these criteria: a. The City of Iowa City has prioritized the following categories for CDBG-CV assistance. All agency applications must fulfill one of these categories. i. Homeless Prevention & Services ii. Child Care Services iii. Mental Health Services iv. Food Assistance b. Applications will also be reviewed by City staff for: L Project Eligibility ii. Project Need (as it relates to COVID-19) iii. Agency Capacity iv. Readiness to Proceed v. Community Collaboration vi. Population Served vii. Program Budget c. The items of highest importance will be project eligibility, project need, population served, and readiness to proceed. All projects must be able to comply with CDBG-CV program requirements. 6. Describe threshold factors and anticipated award amounts: a. While we have not established minimum or maximum award amounts, it is estimated that awards will range from $10,000-$50,000. The amount of funding awarded per persons assisted will vary depending on the agency and the services they provide. 7. Estimate on the number of families assisted: a. TBD 8. Describe how the planned activity targets public health, coronavirus, and housing and economic disruption needs directly: a. The planned activity will allow local nonprofits to continue operating and meeting the community's changing needs through the pandemic. Agencies are increasing services and developing new and alternative ways to safely continue providing services to members of the community. This is critical as the pandemic has caused substantial loss or decrease of income for many residents. The ability to receive food assistance, child care services, mental health services, and homeless prevention/services will mitigate the housing, economic and public health disruptions caused by the coronavirus. 9. Describe how this program will help you expend 80% of your funding by 7/20/2023 a. Agencies will be required to provide a timeline for their proposed project in the application and this will be taken into consideration for funding awards. The program agreement between the City of Iowa City and the agency will also include timing and performance expectations. Due to the urgency of the COVID-19 community response, it is expected that most projects will expend funds well before July 2023. 10. Please list dates and percentages to reach 80% by 7/20/2023: Date Amount of Funds Percentage of Funds 7/20/2021 $79,096 27% 7/20/2022 $158,192 53% 7/20/2023 $237,288 80% Item Number: 14. CITY OF IOWA CITY `�� COUNCIL ACTION REPORT September 15, 2020 Resolution establishing the fee an owner may opt to pay in lieu of providing affordable housing in the Riverfront Crossings District and rescinding Resolution No. 18-213. Prepared By: Erika Kubly, Neighborhood Services Coordinator Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Director Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: 2020 Fee -in -lieu Calculation Resolution Executive Summary: The Riverfront Crossings Affordable Housing Requirement set forth in Iowa City Code of Ordinances 14-2G-14 establishes an affordable housing requirement for certain projects, which may be met by providing on-site affordable housing or by providing a fee -in -lieu of contribution to an affordable housing fund. The fee must be determined biennially by City Council resolution. In August of 2018, the fee was set at $94,652 per unit. The fee for the next two years is proposed to be $112,853 per unit. Background /Analysis: In 2016, staff partnered with the National Development Council to formulate the methodology for calculating a fee -in -lieu that would be paid by developers in lieu of including affordable housing in Riverfront Crossing developments subject to the affordable housing requirement. It was determined that the most appropriate methodology for arriving at a fee in lieu was to compare the value of a fully market rate development to the value of a development subject to the Riverfront Crossings 10% affordable unit requirement. The difference between these values would be the fee in lieu since, under the ordinance, developers would be required to either provide the units on- site or pay the fee in lieu. This year staff worked with Cook Appraisal, Commercial Valuation Research Group, to review the former methodology and update the data, specifically the vacancy rate, capitalization rate (the rate of return on an investment property based on the income the property is expected to generate), and expense ratios. Staff also used the 2019 Multi -Family Housing Survey for Iowa City to update the unit mix and market rents with the most recent information available. After updating the model based on recent data, the fee -in -lieu has been set at $112,853. While the input information was updated from 2018, no changes were made to the methodology. Three different scenarios were reviewed using 40 units, 96 units, and 176 units as well as the updated numbers (attached). The lowest value differential or fee -in -lieu of the three scenarios was selected. The fee in lieu option has been used for two projects to -date, totaling $727,848 for nine units. ATTACHMENTS: Description 2020 Fee -in -Lieu Calculation Resolution ns Cap Rate Vacancy Expense Ratio Expense Ratio Affordability Mkt Rents Affordable Rents Unit Mix Affordable Unit Mix Y. of Value Diff Used for FIL le 1 ZONE 1 ONLY - Fair Market Rent 6.50% 10.22% Overall vacancy for Zone 1. 40% Rate recommended by Cook Appraisal for newer "condos" for tax purposes 45% Rate recommended by Cook Appraisal for older "multi family rental" for tax purposes 10% Per Mkt Study Zone 1 - Tenant paid utilities High HOME Fair Market Rent Per Mkt Study Zone 1 Distribution Pro Rata with Mkt Units 100% Zone 1 Unit Distribution per 2019 Survey Type Number Total Units Percent eff 231 2573 8.98% 1 747 2573 29.03% 2 949 2573 36.88% 3 454 2573 17.64% 4 117 2573 4.55% 5 75 2573 2.91% $ 2573 Gross Rent 100.00% 40 Total Units Proposed Zone 1 Unit Distribution 100% Market Rate Total Units Percent Type # Mkt Rent 8.98% Gross Rent Eff 3 $ 852 $ 30,672 1 12 $ 848 $ 122,112 2 15 $ 1,279 $ 230,220 3 10 $ 1,657 $ 198,840 4+ 0 $ 2,295 $ - $ 178,956 40 $ 581,844 Gross Rent $ 581,844 Vacancy 1 $ (59,464) EGR $ 522,380 Expenses $ 774 $ 208,952 NOI 1 $ 313,428 Income Approach to Value $ 4,821,965 Proposed Zone 1 Unit Distribution Type Number Total Units Percent eff 231 2573 8.98% 1 747 2573 29.03% 2 949 2573 36.88% 3 + 646 2573 25.11% 2573 10% Affordable $ 4,357,416 100.00% s Rent ncy to Value $ 573,588 $ 58,621 $ 514,967 10% Affordable Value Differential/Fee in Lieu Type # Mkt Rent FMRs Gross Rent Eff 2 $ 852 $ 20,448 100% Mkt $ 4,821,965 1 11 $ 848 $ 111,936 10% Affordable $ 4,357,416 2 14 $ 1,279 $ 214,872 Differential $ 464,549 3 9 $ 1,657 $ 178,956 Differential/Aff Unit $ 116,137.34 4+ 0 $ 2,295 $ - Eff 1 $ 705 $ 8,460 1 1 $ 774 $ 9,288 Fee in Lieu 2 1 $ 1,011 $ 12,132 Value Differential $ 116,137.34 3 1 $ 1,458 $ 17,496 % of Val Diff for FIL 10051. 4+ 0 $ 1,775 $ - FIL 116,137.34 40 $ 5,723 $ 573,588 s Rent ncy to Value $ 573,588 $ 58,621 $ 514,967 Example 2 Example 3 96 Total Units 176 Tntal Units 100% Market Rate Value Differential/Fee Type # Mkt Rent FMR Gross Rent Eff 9 $ 852 $ 92,016 1 28 $ 848 $ 284,928 2 35 $ 1,279 $ 537,180 3 24 $ 1,657 $ 477,216 4+ 0 $ 2,295 $ - Eff 96 $ 1,391,340 Gross Rent 3 $ 1,391,340 Vacancy 4 $ (142,195) EGR 2 $ 1,249,145 Expenses 0 $ 499,658 NOI 96 $ 749,487 Income Approach to Value $ 11,530,570 176 Tntal Units s Rent $ 1,369,272 ncy $ 139,940 $ 1,229,332 to Value Value Differential/Fee in Lieu 100% Mkt $ 11,530,570 10% Affordable $ 10,402,043 Differential $ 1,128,526 Differential/Aff Unit $ 112,852.63 Fee in Lieu Value Differential $ 112,852.63 Y. of Val Diff for FIL 1009 FIL $ 112,852.63 10% Affordable 100% Market Rate Value Differential/Fee Type # Mkt Rent FMR Gross Rent Eff 16 $ 852 $ 163,584 1 51 $ 848 $ 518,976 2 65 $ 1,279 $ 997,620 3 44 $ 1,657 $ 874,896 4+ 0 $ 2,295 $ - Eff 176 $ 2,555,076 Gross Rent 3 $ 2,555,076 Vacancy 4 $ (261,129) EGR 2 $ 2,293,947 Expenses 0 $ 917,579 NOI 96 $ 1,376,368 Income Approach to Value $ 21,174,898 s Rent $ 1,369,272 ncy $ 139,940 $ 1,229,332 to Value Value Differential/Fee in Lieu 100% Mkt $ 11,530,570 10% Affordable $ 10,402,043 Differential $ 1,128,526 Differential/Aff Unit $ 112,852.63 Fee in Lieu Value Differential $ 112,852.63 Y. of Val Diff for FIL 1009 FIL $ 112,852.63 10% Affordable 10% Affordable Value Differential/Fee Type # Mkt Rent FMR Gross Rent Eff 8 $ 852 100% Mkt $ 81,792 1 25 $ 848 $ 254,400 2 31 $ 1,279 58 $ $ 475,788 3 22 $ 1,657 Differential $ 437,448 4+ 0 $ 2,295 $ - Eff 1 $ 705 $ 8,460 1 3 $ 774 $ 27,864 2 4 $ 1,011 $ 48,528 3 2 $ 1,458 $ 34,992 4+ 0 $ 1,775 $ - 96 $ 5,723 $ 1,369,272 s Rent $ 1,369,272 ncy $ 139,940 $ 1,229,332 to Value Value Differential/Fee in Lieu 100% Mkt $ 11,530,570 10% Affordable $ 10,402,043 Differential $ 1,128,526 Differential/Aff Unit $ 112,852.63 Fee in Lieu Value Differential $ 112,852.63 Y. of Val Diff for FIL 1009 FIL $ 112,852.63 10% Affordable Value Differential/Fee in Lieu # Mkt Rent FMR Gross Rent 14 $ 852 $ 143,136 100% Mkt $ 21,174,898 46 $ 848 $ 468,096 10% Affordable $ 19,106,209 58 $ 1,279 $ 890,184 Differential $ 2,068,689 40 $ 1,657 $ 795,360 Differential/Aff Unit $ 114,927.15 0 $ 2,295 $ - 2 $ 705 $ 16,920 5 $ 774 $ 46,440 Fee in Lieu 7 $ 1,011 $ 84,924 Value Differential $ 114,927.15 4 $ 1,458 $ 69,984 % of Val Diff for FIL 1001 0 $ 1,775 $ - FIL $ 114,927.15 176 $ 5,723 $ 2,515,044 sRent $ 2,515,044 ncy $ 257,037 $ 2,258,007 to Value Prepared by: Erika Kubly, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 20-230 Resolution establishing the fee an owner may opt to pay in lieu of providing affordable housing in the Riverfront Crossings District and rescinding Resolution No. 18-213. Whereas, the Riverfront Crossings Affordable Housing Requirement set forth in Iowa City Code of Ordinances Section 14-2G-8 establishes an affordable housing requirement for certain projects, which may be met by providing on-site owner -occupied housing, on-site affordable rental housing, or by providing a fee in lieu contribution to an affordable housing fund to be established by the City; and Whereas, in accordance with Section 14 -2G -8F, the in -lieu contribution per dwelling unit shall be determined biennially by resolution of the City Council based on a formula that analyzes the difference between renting a market rate unit and renting a dwelling unit affordable to an income -qualified household; and Whereas, with assistance from the National Development Council, staff has developed a formula that analyzes the difference in project value comparing a market -rate project to a project with a 10% affordability requirement, and used this formula to determine a per-unit fee developers may opt to pay in lieu of providing affordable housing dwelling units; and Whereas, the formula takes into account local market conditions such as rents, vacancy rate, capitalization rate, HOME Fair Market Rents, operational expenses and unit mix; Whereas, using this formula the fee is $112,853 per unit; and Whereas, Resolution No. 18-213 established the current fee. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that 1. In accordance with Section 14 -2G -8F, an owner may contribute to a Riverfront Crossings District affordable housing fund a fee in the amount of $112,853 per Affordable Housing dwelling unit the owner would otherwise be required to provide pursuant to Section 14- 2G-8. The fee applies to all affordable housing agreements entered into after passage of this resolution. 2. Resolution No. 18-213 is rescinded. Passed and approved this 15'h day of September 2020. Tt't'� Z ,ec or / Attest: r City Clerk City Attorney's Office (Sue Dulek — 09/09/2020) Resolution No. 20-230 Page 2 It was moved by Salih and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bergus x Mims x Salih x Taylor X Teague x Thomas x Weiner