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HomeMy WebLinkAbout1984-04-24 ResolutionRESOLUTION NO. 83-187 RESOLUTION ADOPTING A DEVELOPMENT POLICY FOR THE EAST AND NORTHEAST PORTIONS OF IOWA CITY PENDING CONSTRUCTION OF A WATER POLLUTION CONTROL PLANT OR SOME ALTERNATIVE WASTEWATER MANAGEMENT FACILITY. WHEREAS, the City Council of the City of Iowa City recognizes that a wet - weather surcharge condition exists in the trunk sewers know as the "horseshoe" trunk; and, WHEREAS, the Council has determined that it may not be in the best interest of the community to exacerbate this surcharge condition; and, WHEREAS, certain developments in the east and northeast portions of the city may impact this surcharge condition; and, WHEREAS, the City has made certain commitments to the aforementioned developments; and, WHEREAS, the City shall conduct an annual review of this development policy. BE IT RESOLVED that the following policy statement and implementation strategy be adopted: Policy Statement Development of those areas in which the sewers empty into the "horseshoe" trunk system may occur to the extent that surcharge conditions within the. "horseshoe" system are minimized. Development will be controlled by the implementation strategy stated below. The City will encourage, as a general policy, the development of areas which will not impact the horseshoe, system, through capital improvements programming. Implementation Strategy Stage 1: Development may occur on any properties which have received preliminary or final platting approval, and/or which fall within the Business Devn_lop- ment, Incorporated, Plum Grove Acres, Incorporated and Village Green agreements with the City. a. South of Muscatine Avenue development shall be limited to the existing capacities of the Village Green and Heinz lift stations. b. Review of ,this stage shall take place within one year of the adoption policy, and annually thereafter, to determine the status of the surcharge condition in the "horseshoe" system and whether implemen- tation of the policy should advance to stage two. 7/S 0 Resolution No. 83-187 Page 2 Stage 2: a. In the event that Stage 1 is no longer applicable, further development within the policy area shall take place only with the provision of an alternative waste management system by the City. b.' If it is determined that such a system is not feasible, implementa- tion should advance to stage three. Stage 3: a. In the event that Stage 2 is no longer applicable no development shall take place except with the provision of an approved private waste management system. b. Review of this stage shall take place within one year of implementation, and annually thereafter. It was moved by Perret and seconded by McDonald the Resolution be adopted, and upon ro I I call there were: AYES: NAYS: ABSENT: X Balmer X_ Dickson Y _ Erdahl Y Lynch Y McDonald Neuhauser _ Perret Passed and approved this 21st day of June 1983. C. �M1fa Rmlved 3 Appraved By The Legal Dap& ent 1J/S HESOLIPTICN NO. 83-409 RESOLMON AMENDING RESOLUTION NO. 83-187 ADMMM A DWELOPbUM POLICY FOR THE EAST AND NORTHEAST PORTIONS OF IOWA CITY PENDIM CONS`=CTION OF A WATER POLLUTION CSNPfdOL PLANT OR SAME ALTEIII TIVE WASTE kM MANAGDEC FACILITY. wHERFAS, the City Council of the City of Iowa City recognizes that a wet -weather surcharge condition exists in the trunk sewers known as the "horseshoe" trunk; and, WHEREAS, the Council has determined that it may not be in the best interest of the oamm=ity to exacerbate this surcharge condition; and; WHEREAS, the City has made certain commitments to the aforementioned developments; and, WHEREAS, the City shall conduct an annual review of this development policy. BE IT RESOLVED that the following policy statement and implementation strategy be adopted: Policy stateaent Development of those areas in which the sewers empty into the "horseshoe" trunk system may occur to the extent that surcharge conditions within the "horseshoe" system are minimized. Development will be controlled by the inuolemuantation strategy stated below. The City will encourage, as a areas which "hwill general orseshoe, policy, f system capital through al th horseshoeprogramming t impact the Iamlenentation Strateay � i Stage 1: Development may occur on any properties which have received preliminary or final platting approval, an9/or whic�n fall within the Business Develop- ment, Incorporated, Plum Grove. Acres, Incorporated, the Highlander and village Green agreements with a City. a. south of Muscatine Avenue development shall be limited to the existing capacities of the Village Green and Heinz lift stations.' b. Review of this stage shall take place within one year of the adoption policy, and annually .thereafter, to determine the status of the surcharge condition in the "horseshoe" system and whether implementa- tion of the policy should advance to stage two. Stage 2: a. In the event that Stage 1 is no longer applicable, further develop- ment within the policy area shall take place only with the provision of an alternative waste management system by the City. b. If it is determined that such a system is not feasible, Uiplementa- tion should advance to stage three. 715 i I. Resolution No. Ri_40g Page 2 I Ste_ a. In the event that Stage 2 is no longer applicable, no development shall take place except with the provision of an approve private waste management system. b. Review of this stage shall take place within one year of implementa- tion, and annually thereafter. It was moved by Balmer and se=eded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSMU: X BALD —� DICKSON X ERDABT. X MICS XU [D X NEMAOSF22 _ 1�H X PEAREP Passed and approved this 20th day of D c .hP e r 1983. AA cLrQtiruila�,i MAYox CIi"1'CIM '.%Mtn 41 4 Vfrty 9y ra legal D"n..: vs ,ec 11jail - &�41 , 7/S AGREEMENT This Agreement Is made between the City of Iowa City, Iowa, a municipal corporation, hereafter CITY, and Plum Grove Acres, Inc., hereafter OWNER. WITNESSETH: WHEREAS, the Owner has fee title to certain real estate located in Johnson County, Iowa City, Iowa; and WHEREAS, 'the City has determined that it is in the public interest to erect a detention structure on the North Branch of Ralston Creek for flood control purposes, and to acquire certain flowage easement rights over real estate belonging to the Owner; and WHEREAS, Owner has provided a permanent access easement to Garry and Susann Hamdarf, husband and wife, over the creek crossing, more commonly known as a Missouri River crossing; and he acquisition WHEREAS, fi certain property condemnation interests Proceedings lthe City,• the agreedhas ou ttto the paid to Owner as "just compensation"; and WHEREAS, the parties wish to provide for cost-sharing of public Improvements to assure orderly growth and provide access across Ralston Creek, in the event the Owner desires to develop property lying north and south of Ralston Creek in the area of the detention structure. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: I. Flowage Easement City shall acquire a permanent flowage easement from Owner over 25.7 acres of land located in Iowa City, Johnson County, Iowa, as currently shown on the Topographic and Property Boundary Map prepared by Stanley Consultants and incorporated herein by reference. Parties agree such easement shall be subject to an access easement of record which Owner has granted to Garry and Susann fiamdo rf, and that City shall acquire flowage easement rights over said access easement by separate agreement. Parties agree conveyance to City herein shall be by separate document executed by Owner with City as grantee, in the form described in "Exhibit A" attached hereto and by this reference made a part hereof. The City shall prepare or cause to be prepared a survey of said real estate, and shall provide a proper legal description for purposes of conveyance. Parties agree that survey boundaries will be squared off at elevation 701 msl, but in no event shall the total flowage easement area be less than 15.7'acres, as shown on the Boundary Map. , 2. Compensation Owners shall receive from City a sum of $6,500, which shall be Paid upon conveyance. City agrees to record the easement document Orderof the the IowaJohnson NaturaloResourcesrCouncilOffice (INRC)s rrequiredthall pay recording and transfer fees required by State law, but not attorney fees. In any event, City shall acquire and Owner shall convey said flowage easement no later than May 1, 1902. 3. Proposed Development and Platting In the event Owner desires to develop lands now belonging to Owner and located adjacent to and lying north and south of Ralsfileton Creek and or cause to best of filedihe preliminary andrfinaleplatseofsthat portion of Owner's property lying south of Ralston Creek and the 120 acres lying north of Ralston Creek with the City of Iowa City. Said plat shall be filed in accordance with State and -2- �-1 local regulations and shall be accomplished in no more than two (2) parts. Owner agrees plats shall show the location of First Avenue extended north across Ralston Creek between Rochester Avenue and theOwner's north property line with a 60 foot right- of-way. Owner further agrees said plat shall show location of a culvert in place of the existing Ralson Creek crossing. It Is the mutual intent of the Parties that the location of the culvert and Ralston Creek crossing shall be slightly to the west and downstream from the existing crossing, subject to final approval by the Iowa Natural Resources Council. 4. Public Improvements In the event Owner desires to develop lands lying north and south of Ralston Creek, and upon acceptance and approval of said plats by the City pursuant to State and local regulations, Parties agree to participation in construction and cost of public improvements, as follows: a) Paving, fill and sidewalks I Owner agrees to construct paving from Rochester Avenue north to the northern boundary of Owner's property at a width of 28 feet and to install 4 feet wide sidewalk within the flowage easement and to the east of First Avenue Extended paving. Owner further agrees to install 4 feet wide sidewalk within the flowage easement area and to the west of First Avenue Extended paving. Owner agrees to install earth fill for the culvert, street paving and sidewalks as required by City regulations and according to Engineering Department standards. b) Sewer extension City agrees to install, at its own expense, a 21 inch sanitary sewer line easterly from the present Northeast Trunk Sewer location all as shown on the plans and specifi- cations of the North Branch Dam Construction Project, incorporated herein by reference and made a part hereof. c) Culvert At such time as Owner desires to complete paving of First Avenue Extended to Owner's north property line, Owner shall provide sufficient survey information to City to allow City to design street paving, sidewalk and culvert as set forth herein. City shall then construct at its own expense a culvert crossing over Ralston Creek at its intersection with the proposed First Avenue Extended, as described herein. City agrees that culvert installation shall be such that maximum elevation of paving and/or sidewalks at the culvert shalt not exceed 701 ms]. Provided that the City shall construct said culvert within eighteen (18) months from receiving written notice of Owner's intent to complete paving; but in no event shall City be required to complete construction of culvert before November 1, 1984. Parties agree final location of the culvert shall be subject to approval of iNRC, and City agrees to request Placement of the culvert downstream of the Namdorf access easement and known as a Missouri river crossing, to minimize inconvenience during construction. 5. General In the event Owner does choose to develop as hereinanticipated, provisions relating to paving width, platting of First Avenue Extended and sanitary sewer extensions shall be Incorporated by reference into Subdivider's Agreement for subdivision purposes. 7!-!�_ i Parties agree this document shall be recorded upon execution, that City shall pay recording fees and that this Agreement shall be binding on the Parties' heirs, successors and assigns. CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this /O�y of _//L 19P, before me, the undersigned, a Notary uc in and fir the State of—Iuwa, personally appeared Bruce R. r,lasnow and Frai Y. Do d to me personally known, who, being by me duly sworn, did state that they are the Prrsi and Vice- resident , respectively, of said corporal on executing the with n and foregoing instrument, that no seal has been procured by this said corporation; that said instrument was signed, (amdxxxealadx*AM csrpmxtexxexl) on behalf of said corporation by authority of its board of directors; and that the said Presidents and %r idem as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by them voluntarily executed. i0 ry Pub Tic n and dor jhe State of Iowa, County of J CITY ACKNOWLEDGEMENT: STATE Or IOWA ) ) SS JOHNSON COUNTY ) , On this .7 7 day of1982, before me, the undersigned, a notary public n and for said county, and said state, personally appeared Mary C. Neuhauser and Marian K. Karr,Mayor and City Clerk respectively of the City of Iowa City, a public housing authority, executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said City Clerk and Mayor acknowledge the execution of said agreement to be the voluntary act and deed of said corporation, by and by them voluntarily executed. No arPub rand for the `a� e of IOU Johnson County VS Parties agree that provisions and mutual covenants relating to public improvements and cost sharing shall be void and have no force and effect in the event Owner or his assignee or successor in interest, chooses not to develop his lands lying north and south of Ralston Creek and east of the detention structure as herein provided. Dated /j this L_�ay of /ilW—� — - . . 1982• CITY OF IOWA CITY PLUM GROVE ACRES. INC. By: It t.. ll «itnuiti Br:`� �`° �"� resi ent By: 9 ) .(� � v .(�,6.f: r r i By_ /i r..,lVt vice-pres went CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this /O�y of _//L 19P, before me, the undersigned, a Notary uc in and fir the State of—Iuwa, personally appeared Bruce R. r,lasnow and Frai Y. Do d to me personally known, who, being by me duly sworn, did state that they are the Prrsi and Vice- resident , respectively, of said corporal on executing the with n and foregoing instrument, that no seal has been procured by this said corporation; that said instrument was signed, (amdxxxealadx*AM csrpmxtexxexl) on behalf of said corporation by authority of its board of directors; and that the said Presidents and %r idem as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by them voluntarily executed. i0 ry Pub Tic n and dor jhe State of Iowa, County of J CITY ACKNOWLEDGEMENT: STATE Or IOWA ) ) SS JOHNSON COUNTY ) , On this .7 7 day of1982, before me, the undersigned, a notary public n and for said county, and said state, personally appeared Mary C. Neuhauser and Marian K. Karr,Mayor and City Clerk respectively of the City of Iowa City, a public housing authority, executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said City Clerk and Mayor acknowledge the execution of said agreement to be the voluntary act and deed of said corporation, by and by them voluntarily executed. No arPub rand for the `a� e of IOU Johnson County VS "Exhibit A" PERMANENT FLOWAGE EASEMENT THE UNDERSIGNED, �5 HEREINAFTER CALLED THE GRAN70, hereby grant and convey to the ClY OF IOWA CITY, IOWA, hereinafter called the CITY, a permanent flowage easement over GRANTORS' real property located in Johnson County, Iowa City, Iowa, and more particularly described in "Exhibit A" attached hereto and incorporated by reference herein. For and in consideration of the sum of $, the receipt of which is hereby acknowledged, the GRAN ORS hereby grant and convey to the CITY a permanent flowage easement over the above-described real property. This permanent flowage easement grants to the CITY the right to occasionally overflow, flood and submerge the above-described real property in connection with the operation of the North Branch Ralston Creek Stormrater Detention Facility. The GRANTORS agree not to excavate, grade or fill the above- described property, and further agree not to construct any dwelling, building, or stucture thereon. The GRANTORS shall retain the right to use the above-described real property for any purpose which will not interfere with the rights granted to the CITY herein, including the GRANTORS' right to utilize said tract as a green space and for density computations in a Planned Area Development, or any approved subdivision or development. The provisions hereof shall be binding upon the heirs, successors, and assigns of the parties hereto, and the terms and conditions set forth herein shall constitute covenants running with the land. Dated this day of 19_ GRANTORS: Plun Grove Acres, Inc. CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this day of 19 , before me, the undersigned, I Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, by me du y sworn, tl d state that they are the and respectively, of said c rpor� ation executing the w thin ono foregoing instrument, that no seal has been procured by this said corporation; that said instrument was signed (and sealed with corporate seal) on bepalf of said corporation by authority of its board of directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by It and by them voluntarily executed. Notary Public in and for the State of Iowa, County of Rmol ed R A ppre'•cd Dy Tivi L:'„:•I w`4; :lir.':I:I 7/-J April 24: 1984 City Council City of Iowa City Iowa City: Iowa Re: First and Rochester Sub -division --- Part 2. Members of the City Council: Plum Grove Acres Inc. the developers of First and Rochester sub -division -- Part 2 agree that lots # 739 #74: N75r #76: tha b#78uilding and permits80 of this for thhese otson will will notabeissued by eloped t that building the city of Iowa City until the sewer moratorium is lifted. sincerely --- Plum Grove res Ioc. by Bruce R. Glasgow: Pre 834 No. Johnson St. Iowa City: Iowa 7/.S RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF BDI FIFTH A SUBDIVISION OF JOHNSON COUNTY, IOWA i WHEREAS, the owner, Business Development Inc., has filed it the City Clerk of �?, Iowa City, Iowa, an application for approval of the final ubdivision plat of j BOI Fifth Addition, which property is legally described as Part of Lot 6 Auditor's Plat 32, Iowa City, Jonson County, Iowa, as recorded in%,Johnson County Recorder's Office P1 Book 16, page 79, more particularly described as follows: Commencing as a point of reference at the c nter of Section 24, Township 79 North, Range 6 West of the 5th Princip Meridian, Iowa City, Johnson County, Iowa (for this description only, he north line of the southwest quarter of said Section 24 is assumedto ave a bearing of South 88040'00" West); Thence North 88051'09 East 1507, feet along the south line of the Northeast quarter of said Section 4 to a point of intersection with the westerly line of the - ae 68 ods of the Southeast quarter of said section; Thence North 00003'29"XRoad; feet along said westerly line of the East 68 rods of the Soer of said Section 24 to the point of beginning; Thence South 74003'05" feet along the north line of Lot 7, BDI Subdivision, Second Addpoint of intersection with the easterly right-of-way line of He Thence North 21035108/ West, 467.50 et along said easterly right-of-way line of Heinz Road t a point of cury ture; Thence Northeaster 258.36 feet along 200.00 foot radius curve concave easterly and subt ded by a 240.77 foot 4ord bearing North 15025'19" East to a point of1 tersection with the no theasterly line of Lot 4, BDI Second Addition _tended southeasterly; Thence North/4to 34'15" West 376.81 feet alo g the northeasterly lot line of said Lot a point of intersection wit the northerly line of said Lot 4; Thence NortP 62009'30" West 545.00 feet along sad northerly 32; line of Lot 4 to a point of intersection with the East line of of 3, Auditor's Plat No. Thence Ndrth 00029'22" West 265.07 feet along the \ine of Lots 3, 2 and 1/of said Auditor's Plat 32 to a point of cn the easterly line of- said Lot 1 of Auditor's Plat 32; Thence Northwesterly 319.22 feet along a 507.74 fcurve concave southwesterly and subtended by a 313.98 foot chordorth 18030'04" West to a point of intersection with the southerlthe Chicago, Rock Island and Pacific Railroad right-of-way; Thence South 62o09'30"East 1844.64 feet along said southerly right-of-way line to a point; 71Y Thence South 27050'30" West 490.08 feet to a point of intersection with the westerly line of said east 68 rods of the southeast quarter of said Section 24; Thence South 00003'29" West 350.71 feet along said westerly line of the east 68 rods of the southeast quarter of Section 24 to the point of beginning, subject to easements of record. The area of this described parcel is 25.9 acres, more or less. WHEREAS,,the Department of Planning and Program Development and the Public Works artI amt have examined the proposed final plat an !have recommended approval se; and WHEREAS, the 'Rol plat has been examined by the Planni and Zoning Commission and after due deliberation the Commission has recomm ded that it be accepted and approved; and WHEREAS, the final plat 's found to conform with all of the requirements of the City Ordinances of the Ci of Iowa City, Iowa NOW, THEREFORE, BE IT RESOLVE BY THE CIT COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the final plat of BDI Fift A ition is hereby approved. 2. The Mayor is hereby authorized sign and the City Clerk to attest an Agreement Allocating Special ses ents on the land within the subdivi- sion, as authorized by Iowa C e Sec. 384.61. 2. That the Mayor and City Cl rk of the ty of Iowa City, Iowa, are hereby authorized and directed to certify this esolution which shall be affixed to the plat after passa and approval law; and the owner/subdivider shall record them at the Office of the Cou ty Recorder of Johnson County, Iowa, before the issuan of any building pe it is authorized. It was moved by and secon ed by the Resolution be adop e , an upon ro ca there were AYES: NAYS: ABSENT isco Erdahl \ McDonald\ Strait Zuber Passed and approved this day of 1984. MAYORI ATTEST: Roeolvod & Approved MY CLERK By Th Legal Department 7/9 RESOLUTION NO. RESOLUTION APPROVING THE LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR LOT 1 OF BDI FIFTH ADDITION FOR PHASE I OF PHARMACEUTICAL DEVELOPMENT SYSTEMS, INC. WHEREAS, the owner, Pharmaceutical Development Systems, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final LSNRD plan for Lot 1 of BDI Fifth Addition for Pharmaceutical Development Systems, Phase 1; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plan and have recommended approval of same; and WHEREAS, the preliminary and final plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary and final plan is found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final LSNRD plan for Lot 1 of BDI Fifth Addition, Pharmaceutical Development Systems, Phase 1, is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution which shall be affixed to the plat after passage and approval by law; and the owner shall record them at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: Passed and approved this ATTEST: CITY CLERK NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber day of , 1984. beelved A Approved by IM Legd Department 749 I .�lCity of Iowa CIC MEMORANDUM Date: April 13, 1984 To: Planning and Zoning Commission From: Bruce A. Knight, Associate Planner VIt- Re: 5-8409. Revised Preliminary and Final LSNRD Plan for Pharmaceutical Development Systems, Inc. At the February 23, 1984, meeting, .the Planning and Zoning Commission recommended by a 5-0 vote approval of the above item subject to receipt of construction plans and compliance with Ordinance No. 84-3172, if appropriate. Since that time, a decision has been made by the applicant to reduce the size of the proposed building from 46,800 square feet to 24,137 square feet, for a total of 22,663 square feet. As a result of this change, parking require- ments for the proposed facility are reduced from 101 spaces to 60 spaces and the number of trees required by the tree ordinance for coverage of the parking lot are reduced proportionally. The only other significant change is a relocation of the drive into the loading dock in conjunction with the relocation of the loading dock which resulted from the change in building size. This application was never acted upon by the City Council and, therefore, the revised LSNRD plan is viewed as an amendment of the original application rather than a new item. Staff sees no problems with the proposed changes, and would recommend that the Commission take action to approve the prelimi- nary and final LSNRD plan for Pharmaceutical Systems, Inc., as revised, subject to approval of the construction plans. bj5/11 7/9 STAFF REPORT To: Planning & Zoning Commission Prepared by: Bruce Knight Item: S-8409. Pharmaceutical Date: February 23, 1984 Development Systems LSNRD plan, Preliminary and Final GENERAL INFORMATION Applicant: Pharmaceutical Development Requested action: Purpose: Location: Size: Comprehensive plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Systems, Inc. 1027 Hollywood Boulevard Iowa City, Iowa 52240 Preliminary and Final Large Scale Non -Residential Development Plan Approval To permit development of a 51,800 square foot building for manufac- turing, warehouse and office uses. Lot 1 of BDI Fifth Addition 7.8 acres Industrial Undeveloped and I1 North - Undeveloped and I1 East - Undeveloped and I1 South - Warehouse and I1 West - Undeveloped and I1 Provisions of the Large Scale Non -Residential Development, Stormwater Management, and Zoning ordinances. 3/23/84 Sewer and water services are available. 7/9 Public services: Transportation: Physical characteristics: Police and fire protection are available. Sanitation service would be provided by a private hauler. Vehicular access is proposed via Heinz Road. The topography is slightly sloping to relatively flat. ANALYSIS Chapter 27 of the Iowa City Code of Ordinances defines a Large Scale Non -Residential Development as "...an office, commercial or industrial building built upon a separate tract greater than two (2) acres in area." In this case, the applicant, Pharmaceutical Development Systems Inc., is proposing to construct two buildings - one housing manufacturing and warehouse uses and one housing an office use for a total square footage of building coverage of 51,800 square feet on a 7.8 acre lot. Therefore, an LSNRD plan must be approved before issuance of a building permit can be authorized. The tree ordinance provisions of the Zoning Ordinance requiring trees adjacent to the right-of-way and in the parking area apply to this development. Large trees are required adjacent to the right-of-way at a ratio of one tree per 40 feet of lot frontage. The property in question has a total of 1,376 feet of frontage on Heinz Road, and therefore, 35 large trees are required. The applicant has shown 18 large trees adjacent to the right-of-way and omitted the remainder of the required trees due to interference of utilities and the location of the drainage swale. The ordinance sates that if any provision of this Chapter would preclude the planting of one or more trees adjacent to the right-of-way, the trees unable to be planted adjacent to the right-of-way shall be provided within the right-of-way according to the provisions of paragraph (3) However, trees excluded by the provisions of paragraph (3) may be omitted." In this case, because of the drainage swale, no trees can be planted in the ROW. Therefore, if the applicant can demonstrate that they cannot plant all of the required trees adjacent to the ROW, those trees which cannot be planted may be omitted. However, staff does not feel that the applicant has adequately shown that the required trees cannot be planted. Trees are also required to be located in parking areas in such a manner that ...every parking space or portion thereof is not more than 40 feet from a small size tree within a tree island or 60 feet from a medium or large size tree within a tree island." The tree locations proposed on the LSNRD plan would comply with this requirement. STAFF RECOMMENDATION Staff recommends that the preliminary and final Large Scale Non -Residen- tial Development plan of Pharmaceutical Development Systems be deferred. Upon resolution of the above concerns, and the deficiencies and discrepan- cies listed below, staff would recommend approval. 7i9 3 DEFICIENCIES AND DISCREPANCIES 1. Final plat of BDI Fifth Addition should be approved before this plan is approved; therefore$ the subdivision should not be labeled as proposed. 2. Construction plans and calculations should be submitted regarding the proposed culverts under the drives and how they will function with the required drainage swales. 3. A signed statement of intent is required from the developer which includes: a. Evidence of ownership of the property or options to purchase or concurrence in the application by the owner. b. A description of the proposed development. c. An intended time schedule for the completion of the development. 4. All required parking stalls should be clearly denoted on the plan. ATTACHMENTS 1. Location map. i Approved by: naS M61 ser Direc or ept. of lanning & Program Development I RESOLUTION NO. 84-80 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BRIAR RIDGE, PARTS I -III, AND THE FINAL PLAT OF BRIAR RIDGE, PART I, A SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Dr. William and Helen Panje, et al, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Briar Ridge Subdivision, Parts I -III, and the final plat of Briar Ridge Subdivision, Part I. WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two mile extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plat and have recommended approval of same; and WHEREAS, the preliminary and final plats have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that the plats be accepted and approved and are in compliance with Rural Design Standards; and WHEREAS, the preliminary and final plats are found to conform with all of the pertinent requirements of the city ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary plat of Briar Ridge Subdivision, Parts I -III, and the final plat of Briar Ridge Subdivision, Part I, are hereby approved. 2. That the Mayor and the City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution which shall be affixed to the plats and of the preliminary and final plats after passage and approval by law; and the owner/ subdivider shall provide for the recording of the final plat at the office of the County Recorder of Johnson County, Iowa. It was moved by Zuber and seconded by Baker the Resolution be adopted, and upon roll _EPT there were: AYES: NAYS: ABSENT: X Ambrisco —� Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 24thday of April 1984. mAYI OR ATTEST: Raoelved & Approved Cil'Y CLERK By �The Legal Department ;72,9 f ,1 I STAFF REPORT To: Planning & Zoning Commission Prepared by: Karin Franklin Item: S-8410. Briar Ridge. Date: March 8, 1984 Subdivision - Preliminary S-8411. Briar Ridge. Subdivision - Final GENERAL INFORMATION Applicant: Dr. William Panje, et al. R ral Route 2 Requested action: Purpose: I Location: Size: Existing land use and zoning: Surrounding land use and zoning: City/County Fringe Agreement: Applicable regulations: 45 -day limitation period: 60 -day limitation period: u Iowa City, Iowa 52240 Approval of a preliminary and final subdivision plat. To develop 26 single-family dwellings in a rural subdivision. East of Prairie du Chien and south of Saddle Club Road. 57.5 acres Agricultural and undeveloped; RS (county). North - residential and undevel- oped; RS East - agricultural and undevel- oped; RS South - residential; Al West - residential and agricul- tural; RS Area 3 - residential development at rural design standards Requirements of the subdivision and stormwater management ordi- nances. March 25, 1984 April 9, 1984 720 SPECIAL INFORMATION Public utilities: 2 Water service will be provided by private wells and sewer service will be provided with private septic systems. Public services: Police protection will be provided by the Johnson County Sheriff's Office and fire protection will be provided by the Solon Fire Department. Transportation: Access is provided off of Prairie du Chien. Physical characteristics: The topography is hilly with a number of ravines. ANALYSIS Briar Ridge is a rural subdivision in Johnson County southeast of the Coralville Reservoir dam on Prairie du Chien. The development is within the two-mile extraterritorial jurisdiction of Iowa City and is therefore subject to City review and approval prior to County approval. The developers propose the subdivision of 26 single-family lots of approxi- mately 1.5 to 3 acres each. The preliminary plat lays out an overall development which is expected to take place in three parts; the final plat is for Part I only. The lots within the total development will be served with private water wells and will be sewered with individual septic systems approved by the Johnson County Health Department. Briar Ridge is located within Area 3 of the Johnson County/Iowa City Fringe Area PolicyAgreement. This area is designated as one appropriate for residential development. Since annexation is not anticipated in the foreseeable future, the City's rural design standards will apply. The plats submitted substantially comply with all requirements and standards set by the City; minor deficiencies are listed below. Storm - water management is provided since the development is within the Iowa River watershed, upstream from Iowa City. Future access to the next north -south road to the east has been provided with a 60 foot access easement across the north lot line of Lot 25. The northern part of Lot 25 is on the top of a ridge and provides one of the few relatively flat areas in a landscape which is predominately hilly. Another access point to adjacent properties is provided off of Briar Ridge Drive near Lot 11. It is not envisioned by the developer that this access would continue to the next north -south road to the east, but that the access point would termi- nate in a cul-de-sac. STAFF RECOMMENDATION The staff recommends approval of the preliminary plat of Briar Ridge Parts I -III and approval of the final plat of Briar Ridge, Part I upon resolu- tion of the deficiencies listed below. 7,70 3. i DEFICIENCIES AND DISCREPANCIES 1. Approved legal papers 2. Signatures on the plat (usually provided prior to Council action). 3. Submission of construction plans prior to Council approval. 4. Discrepancy between preliminary and final plat on chord bearing for curve R2 and data relating to curve #5. 5. Revised stormwater management calculations. 6. Revised sheet cross-section. ATTACHMENT Location map. ACCOMPANIMENTS Plats Approved by: on Schmei er, Director Department of Planning E Program Development l� RESOLUTION NO. 84-81 RESOLUTION APPROVING THE FINAL PLAT OF OAKES THIRD ADDITION, A SUBDIVI- SION OF IOWA CITY, IOWA. WHEREAS, the owner, Dean Oakes, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Oakes Third Addition, legally described in "Exhibit A" attached; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and have recommended approval of same contingent upon provision of an agreement and a note on the plat deferring developments of Lots 7-10 in accordance with the Northeast and East Iowa City Development Moratorium Policy; and WHEREAS, the final plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that the plat be accepted and approved with said contingency; and WHEREAS, the note on the plat and the agreement cited above have been signed and submitted to the City of Iowa City by Dean Oakes; and WHEREAS, the final plat is found to conform with the requirements of the city ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the final plat of Oakes Third Addition is hereby approved; and 2. That the Mayor and the City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution which shall be affixed to the plat and of the final plat after passage and approval by law; and the owner/subdivider shall record the plat and all legal docu- ments at the Office of the County Recorder of Johnson County, Iowa. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: X X X Passed and approved this 24th ATTEST: CITY'CLERK NAYS: ABSENT: of Anril Ambrisco Baker Dickson Erdahl McDonald Strait Zuber 1984. RrQ'I'W c{ g Approved B, 1110 Le -Sal De artmenf 712/ EXHIBIT A Commencing as a Point of reference at the Northwest corner of Section 2, Townsnip 79 .'forth, Range 6 West of the Pifth Principal Meridian, lows city, Johnson County, Iowa: thence East 2,213.6 feet along the Northerly tine of the Northwest quarter of said Section 2 as ;hown on the olat recerded In Johnson County Recorder's Office, ?!at Record Epp k 12, Page d0, to a point (this is an assumed tearing for purposes of tills Qescrioticn only); thence South 1017' West 748.0 feet as shown on said Plat recorded in Johnson County Recorder's Office, Book 12, Page 80, to a point, thence South 2043' East 398.6 feet t0 a point of intersection with the centerline of Dubuque Road as shown on said plat recorded In Boo[ 12, Page 80; thence South 62048' West 371,0 feet along said centerline of Dubuque Road to a point of intersection with the :outnerly line of the Northeast quarter of the Northwest quarter of said Section 2, as shown on said plat recorded in Book 12, Page 80; thence North 89008'42• West 812.41 feet along said Southerly line of the Northeast quarter of the Northwest Quarter and the Southerly line Of the Northwest quarter of the Northwest quarter of said Section 2, also being the Southerly line of Dean Oakes First Addition to iaa City, Iowa, as recorded in Johnson County Recorder's Office, Book 15, Page 22, to the Southwesterly corner of Lot 20 and also the point of beginning; thence continuing !forth 89008'42' West 665.64 feet along said Southerly line of the Northeast quarter of the Northwest quarter and the Southerly line of the ,Northwest quarter of the Northwest quarter of said Section 2 to a point of intersection with the Reginald Nahn property; thence North 0051'18• East 569.94 feet along the said Reginald Nann property and said property extended Northerly to a point: thence North 89008'42• West 58.51 feet to A point; thence North 4042'27' East 365.49 feet to a point; thence South 84059'42' East 345.00 feet to a point; thence North 87014'18' East 260.00 feet to a point: thence South 4}048'da' East 260.00 feet to a point; thence South 70001'56" East 185.00 feet to a point; thence South 240.00 feat to a point at the Northeasterly corner of.Lnt 15 of said Dean Oakes First Addition; thence West 125.00 feet along the Nertrerly lines of Lots 15, 16 and 17 of said Detn Oakes First addition, to a Point; thence S3utn 570 00'GO" West 325.00 feet along the Northwesterly line of Lct :.' and said Nortnwesterly line ex;ende4 Southwesterly and the Northwesterly line of Lot :8 of solo Dean Osyes First Addition tp a point; thence Scut 33000'00" East 100.70 feet along t..".e Southwesterly line of said Lot :3 3f said Dean Oakes First 4dcit,on to a point; thence South 430DOM" East 100.00 feet 41anc tae Soutnwester!y line Of Lot 19 of said Dean Oakes First Aadi;ion to a point; thehce Scutt 105.69 feet along the Weste,ly line of .ot 20 of said Dean fakes First Addition to a point if intersection wrth the salt Sout.".erly line of the Northeast Quarter of the Northwest Quarter and the 7.4utherly lice 3f the !fortnwest garter of the ',crtliwest quarter Of 1,313 Section 2 and the Point of belinning, subler: to e3senentt of re.ccr:. The lrea of trait describe') parcel is :5.95 :[res, ror? 'r less. 7a?/ G STAFF REPORT To: Planning & Zoning Commission Prepared by: Karin Franklin Item: S-8413. Oakes' Third Addition Date: April 5, 1984 Final Plat GENERAL INFORMATION Applicant: Dean Oakes Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive plan: Applicable regulations: 45 -day limitation period: 60 -day limitation period: ADDITIONAL INFORMATION Public utilities: Rural Route 2 Iowa City, Iowa 52240 Approval of a final plat of Oakes' Third Addition To develop ten lots for sin- gle-family residential use West of Oakes' Drive extended 15.95 acres Undeveloped; RR1 and RS5 North - undeveloped; RR1 East - single-family and undevel- oped; RS5 South - undeveloped; ID -RS and RS5 West - undeveloped; RR1 Rural residential and 1-8 dwelling units/acre Subdivision Ordinance and Storm - water Management Ordinance May 7, 1984 May 17, 1984 Lots 1-6 will be serviced by private septic systems; lots 7-10 will be serviced by city sewer when the east side development moratorium is lifted, All lots will be serviced with city water. 7.Z/ 7.7 Public services: Transportation: Physical characteristics: 2 Municipal police and fire protec- tion will be provided; dwellings will be served by city sanitation services. Access is provided off Oakes Drive extended. Gently sloping plateau of a ravine. ANALYSIS The final plat submitted for Oakes' Third Addition varies from the preliminary plat approved August 30, 1983, by increasing the size of the overall subdivision from 12.3 to 15.95 acres and varying the size of the specific lots. The change from the preliminary plat is not significant enough to warrant another review of the preliminary plat by the Planning and Zoning Commission. The alignment of the street right-of-way, the location of sewer and water lines, and the provision of stormwater management remains the same. Some of the lots have been made larger to include more of the ravine to the west of the subdivision. The final plat submitted complies substantially with the requirements of the ordinance. A note should be provided on the final plat similar to that on the preliminary plat, and an agreement should be executed which explicity defers development of Lots 7-10 until such time as the develop- ment moratorium for east and northeast Iowa City is lifted. Stormwater management compliance must also be demonstrated prior to final plat approval. STAFF RECOMMENDATION The staff recommends that action on the final plat of Oakes' Third Addition be deferred until the deficiencies listed below are resolved. DEFICIENCIES AND DISCREPANCIES 1. A note on the plat and an agreement to defer development of Lots 7-10 until city sewer service is available should be provided. 2. Stormwater management: a. Show basin on the plat with access easement. b. Submit construction plans for the basin. c. Legal documents providing easements and maintenance responsibili- ties should be provided. 3. Legal papers should be submitted and approved. 4. Signatures should be provided on the plat prior to Council approval. S. Complete construction plans should be submitted and approved. 7�� A INTERSTATE 80 • - � �EA1.1 OAKE'� �.� FUTURE I I Ro..o II x \\ ofalc ES ) AD01T ION DE A►1 O&WES C gec ADDITION W Q � � �j. O p J O „ J � n i v � y4• O W t K LOCATIOW MAP SGALE : 1'�e l.y O' AOPROw. S-8413 17a/ -Xb5eLCO p. j_ '\� � TOP W�Tli GCGV�T 1oN.lio.0 \ 0 1\ .� ♦ w+A W W r 1 ` rw .T• .'0.... . sma., wta.aa.R 17 xoo .R east. r+' W6. 71 APPROVED PRELIMINARY PLAT OAKES THIRD �I I W6. 71 2C,DOp �„ 1 APPROVED PRELIMINARY PLAT OAKES THIRD �I I RESOLUTION NO. 81-23 RESOLUTION ACCEPTING PRELIMINARY PLANNED AREA DEVELOPMENT, LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN, AND PRELIMINARY PLAT OF HUNTER'S RUN SUBDIVISION, IOWA CITY, IOWA. BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the approval of the preliminary planned area development, large scale residential development plan and preliminary plat of Hunter's Run Subdivision, Iowa City, Iowa, be granted with the following conditions. 1. The preliminary plat for Hunter's Run Subdivision is approved• subject to the approval of the final plat, final planned area development plan and final large scale residential development plan for each of the eight parts provided for on said preliminary plat of the Hunter's Run Subdivision. 2. Obtaining and dedicating to the City of Iowa City, sanitary sewer easements so that the sewer lines from this subdivision can hook into the sewer which will serve the Johnson County Care Facility. 3. Provided that the Schedule of Completion set forth on the preliminary plat be adhered to. » It was moved by Roberts and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved thislOth day of February 1981 \7h1AlfOR ' ATTEST: CITY CLERK Reo.wed S Approved By The Legal Department I (: ' RESOLUTION NO. 81-23 RESOLUTION ACCEPTING PRELIMINARY PLANNED AREA DEVELOPMENT, LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN, AND PRELIMINARY PLAT OF HUNTER'S RUN SUBDIVISION, IOWA CITY, IOWA. BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the approval of the preliminary planned area development, large scale residential development plan and preliminary plat of Hunter's Run Subdivision, Iowa City, Iowa, be granted with the following conditions. 1. The preliminary plat for Hunter's Run Subdivision is approved• subject to the approval of the final plat, final planned area development plan and final large scale residential development plan for each of the eight parts provided for on said preliminary plat of the Hunter's Run Subdivision. 2. Obtaining and dedicating to the City of Iowa City, sanitary sewer easements so that the sewer lines from this subdivision can hook into the sewer which will serve the Johnson County Care Facility. 3. Provided that the Schedule of Completion set forth on the preliminary plat be adhered to. » It was moved by Roberts and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved thislOth day of February 1981 \7h1AlfOR ' ATTEST: CITY CLERK Reo.wed S Approved By The Legal Department RALPH L NEWL DALESANDERSON NEUZIL & SANDEMON ATTORNEYS AT LAY 70- fil� 817 south Dubuque Street Iowa Cfty (310 331.3 P P.O. Sox 1507 Oxford (310)0284175 Iowa City, Iowa 5n" April 19, 1984 911,M APR 2 01984 The honorable Mayor and City Council MARIAN K. KARR of Iowa City, Iowa CITY CLERK (3) Re: Hunters Run Subdivision 1.'30 P.ds„y Dear Mayor and Council Members: At the formal council meeting held on the 10th day of April, 1984, Councilman 1Erdahl requested that the City legal staff investigate whether or not it would be possible to legally deny approval of Hunters Run Subdivision. 'The planning staff also indicated at this meeting that they would provide some history of the subdivision for the Council's review at its meetings of April 23 and April 24. The purpose of this letter is two -fold. Naturally, one purpose is to state our unequivicable opposition to the denial of this subdivision and to let the council know as a certainty that denial of the subdivision will result in litigation for the City of Iowa City. The other purpose of this letter is to give the.council�the developer's view of the history of the subdivision. The area contained within Hunters Run Subdivision was purchased in three parcels beginning in January,:. 1976. At the time of the purchase, the property was zoned RIA. The property had been zoned RIA since completion of annexation by the City of Iowa City in October of 1969. Development ideas and plans were tossed around for several years and during the summer and fall of 1980, a preliminary planned area development LSRD and preliminary plat were put together and filled with the City of Iowa City in December of 1980. During this period of time, a great deal of discussion was being held between the Iowa Department of Transportation, Johnson County and the City of Iowa City concerning the location of Freeway 518 and the sewer lines to the Johnson County Home. 7a3 Page Two Hunters Run - City Council April 19, 1984 At one time it appeared that the freeway might be located {Pest of the Hunters Run Subdivision, however, after another set of elections the "new council" went along with the present alignment and approved the larger sewer line to Johnson County Home which also makes this development possible. The prelininnry planned area development, LSRD, and preliminary plat were approved subject to obtaining a sewer easement for access to the County Home Sewer Line and subject to entering into an agreement with the City of Iowa City concerning the review of this subdivision. Meanwhile, the Iowa Department of Transportation was still negotiating with the developers for the purchase of a portion of land owned by them for freeway 518. This was the last parcel of land settled for along the 518 route, the delay being because of working out the sewer permit over land already condemned by the State upon which the County Home sewer is contained. Finally, the first sewer permit was obtained from the State of Iowa and was recorded on October 16, 1961 in Book 609, Page 289 of the Records of the Johnson County Recorder. Some problems with the descriptions were found on part of this Permit and a corrective permit was obtained and recorded on February 2, 1984 in Book 682, Page 342, of the Records of the Johnson County Recorder. I do want to point out that development could have used the first permit if necessary. Also in 1981, the developers went to all of the neighbors on both sides of Rohret Road to work out agreements for the water main extension along Rohret Road and agreements with the owners of the 15 parcels along the road were obtained and the Council approved these agreements on February 2, 1982 by Resolution No. 82-23. The City did not install the water mains until 1983 primarily because of difficulties the City had in obtaining an easement from the Cole Heirs so that Freeway 518 could be crossed north of the bridge over Rohret Road rather than at the bridge site. I would also like to point out that the City installed a 12 inch water main along Rohret Road when a 6 inch water main would have been sufficient for development purposes. Installing a 12 inch water main will allow the Cii:y to loop their water lines with other areas covered on the west side which will provide better water service and safety. 7a3 Page Three Hunters Run - City Council April 19, 1984 Hunters Run Subdivision Part One was approved by the City of Iowa City on September 14, 1982. Lots in this subdivision were not sold until the water line was extended. The costs of the water line extension for part one have been paid to the City of Iowa City. The cost. -for extension of the water lines for other parts of Hunters Run would be paid if the subdivision is approved. Disapproving this subdivision would result in the City not being able to recoup their investment in the water line for a much longer period of time. In the past year, the City of Iowa City did extensive revision of its zoning ordinance and changed the zoning on many parcels of real estate located in Iowa City. After the exhaustive review of the planning and zoning commission and council, the new zoning ordinance was adopted and the zoning for Hunters Run Subdivision was left intact. The public perception and.to..a..limited.extent, the council's perception, has seemed to be that Hunters Run Subdivision is somewhere along ways away. It has been a part of the City of Iowa City since 1969. It is about as close to the City Dump and {gest High School. as any residential development. A 12 inch water line is in place and in operation. The sewer line is in place. The City is already providing police and fire protection and picking up garbage along Rohret Road. One of the nicer features of Hunters Run Subdivision was dealing with a large tract of land for development instead of wedged -in parcels. The planning and zoning commission has approved the subdivision unanimously and has indicated that it considers this close to a model subdivision and particularly liked the subdivision in terms of providing park lands to the City of Iowa City. The City Council's recent refusal to adopt mandatory dedication of park lands does not alter the developer's intention of giving the City the park land shown on the plats for Hunters Run Subdivision so long as they are approved. The developers have expended large amounts of money and considerable time on this development. The City has had at least four earlier opportunities to deny this subdivision. It could have denied the first preliminary plat, it could have opted for smaller sewer line to the County Home, it could have refused the water main extension, it could have attempted to revise the zoning during the new ordinance's revisions. Now is not the time to deny Hunters Run Subdivision. That time was several years ago. I hope the Council will give this matter very serious and careful consideration. DS: kr Respectfully submitted, A& 45 Dale Sanderson, Attorney for Hunters Run Development Co. �a3 RESOLUTION NO. 84-82 RESOLUTION AUTHORIZING THE FILING OF A GRANT AMENDMENT WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the City of Iowa City has entered into a grant agreement with the Urban Mass Transportation Administration to purchase transit coaches and other equipment, and WHEREAS, adequate federal and local funds exist to allow the purchase of two additional transit coaches, and WHEREAS, the contract for financial assistance will impose certain obliga- tions ,upon the applicant, including the provision of the local share of project costs, and WHEREAS, it is required in connection with filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder, and WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to assure that minority business shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY: 1. That the City Manager is authorized to execute and file a grant amendment on behalf of the City of Iowa City with the U.S. Department of Transpor- tation to aid in the financing of two 40 -foot transit coaches. 2. That the City Manager is authorized to execute and file with such grant amendment an assurance or other documents required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That the City Manager is authorized to furnish such additional informa- tion as the U.S. Department of Transportation may require in connection with the application for the project and subsequent grant amendment. 4. That the City Manager is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. 7,2(0 Resolution No. 84-82 Page 2 It was moved by Erdahl and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 24th daX of April , 1984. :[!!c^ivot} 8, Qpprarod By he 4-9a! OapaNr,w i 7,26 RESOLUTION NO. 84-83 RESOLUTION TO PROTECT THE INTEGRITY OF THE IOWA CITY BROADBAND TELECOM- MUNICATIONS NETWORK AND CABLE TV FRANCHISE WHEREAS, the City of Iowa City, upon approval of the voters of the City of Iowa City, entered into a franchise agreement for cable TV delivery services with a cable operator on terms acceptable to both the City and cable operator; and WHEREAS, the City of Iowa City has no broadcast TV stations within its city limits and one cable company is now the non-exclusive franchisee in Iowa City; and WHEREAS, the presence of a strong role by the City of Iowa City in overseeing the franchise agreement to ensure quality pictures and services at fair prices will enhance promotion, facilitation, utilization and appropriate use of all the community access channels and the institutional loop; and, WHEREAS, it is essential that local control be preserved in order to assure that the contractual obligations of both the City of Iowa City and the cable operator are carried out in the best interests of the residents of the City of I Iowa City; and WHEREAS, the United States House of Representatives has and is deliberating on federal cable television legislation, presently known as HR4103, which, if enacted in its suggested form, will seriously interfere with the contractual ' rights freely entered into by the City of Iowa City and the cable operator; and WHEREAS, the City Council of Iowa City is the ultimate decision making body regarding cable TV in Iowa City. I i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the City Council of Iowa City fully endorses the position of the National League of Cities in opposition to HR4103 and supports its efforts to achieve cable legislation consistent with the goals set forth in the Cable Resolution adopted by the membership of the NLC at its annual business meeting held on November 30, 1983, in New Orleans, Louisiana. Section 2. That this resolution be sent to members of the Iowa Congressional Delegation, the NLC, the National Federation of Local Cable Programmers, members of the House Energy and Commerce Committee, and to our Congressional Representatives. 735 Resolution No. 84 .�.5 Page 2 I It was moved by Zuber and seconded by Dickson the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: i X Ambrisco i X Baker —7— Dickson Erdahl X McDonald �— Strait �— Zuber Passed and approved this 24th da of A r11 1984. I G i `~City of Iowa Citi MEMORANDUM Date: April 11, 1984 To: City Council From: W.O. "Bill" Terry Re: Broadband Telecommunications Commission Resolution on HR4103 Attached please find a resolution similar to one which the Broadband Telecom- munications Commission unanimously passed regarding HR4103, legislation now pending before the House Commerce and Energy Committee, which threatens to reduce cities' authority to regulate cable television rates and limits local discretion in renewal of existing franchises. This resolution supports the position of the National League of Cities which was taken by its Board of Directors at the NLC meeting in New Orleans in November, 1983. Also find attached a copy of the NLC position paper regarding this issue. The Commission recommends that Council adopt this resolution and then forward it, as passed, to key Congressional Representatives. It appears likely that this bill will receive further action in Congress this year. Please contact me or Drew Shaffer if you have any questions or concerns regarding this matter. ZR 73S City of Iowa City MEMORANDUM Date: April 11, 1984 To: City Council From: H.O. "Bill" Terry Re: Broadband Telecommunications Commission Resolution on HR4103 Attached please find a resolution similar to one which the Broadband Telecom- munications Commission unanimously passed regarding HR4103, legislation now pending before- the House Commerce and Energy Conn ittee, which threatens to reduce cities' authority to regulate cable television rates and limits local discretion in renewal of existing franchises. This resolution supports the position of the National League of Cities which was taken by its Board of Directors at the NLC meeting in New Orleans in November, 1983. Also find attached a copy of the NLC position paper regarding this issue. The Commission recommends that Council adopt this resolution and then forward it, as passed, to key Congressional Representatives. It appears likely that this bill will receive further action in Congress this year. Please contact me or Drew Shaffer if you have any questions or concerns regarding this matter. /sp n: i 7 RESOLUTION NO. 84-84 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO PROVIDE ENGINEERING SERVICES WITH STANLEY CONSULTANTS TO RESOLVE THE LEACHATE PROBLEM AT THE SANITARY LANDFILL WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Stan Ie Consultants a copy of said agreement being attached to this Resolution and by this reference made a part hereof, i and, WHEREAS, the City Council deems it in the public interest to enter into said _aareeme_nt with Stanley Consultants to provide engineering services __r-e_qu-ir€d to resolve the leachate problem at the sanitary landfill. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Stanley Consultants 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Zuber and seconded by Strait the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker _X_ Dickson X Erdahl X McDonald X Strait X Zuber tha t Passed and approved this 24th day of April 19 84. MAYOR ATTEST: %%,,,,.�„J � '7�rl� Reeolvecl & q � CITY CLERK Fprovej - The I zf Dc �rtnyent %� Y /YIFy 736 I .1 . AGREEMENT This Agreement, made and entered into this 24th day of April , 1984, by and between the City of Iowa City, a municipal corporation hereinafter referred to as the City, and Stanley Consultants', Inc., Muscatine, Iowa, hereinafter referred to as the Consultant. Now, therefore, it is hereby agreed by and between the parties hereto that the City.does contract with the said Consultant to provide services as set forth herein according to the terms of this Agreement. Such contract for services shall be subject to the following terms and conditions and stipu- lations, to -wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital states or sexual orientation. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, martial status or sexual orienta- tion. I. SCOPE OF SERVICES d451 The City of Iowa City desires to comply with an Administrative Order issued by the Iowa Department of Water, Air, and Waste Management (IDWAWM) dated January 20, 1984, and take remedial action to control or eliminate leachate seepage to the receiving stream at the Iowa City Landfill, hereinafter referred to as the Project. The Consultant's basic services shall consist of the phases described below and include engineering, geotechnical testing, sampling, gauging and laboratory testing services. It is understood the arca of study shall be limited to the FY72-FY81 refuse cells as identified in Exhibit A. A. Investigation and Recommendation Phase The services for the Investigation and RecommendationPhase shall include but not necessarily be Limited to the following: I. Prepare a schedule for completion of the study, design, and construction of a leachate control facility. Submit the schedule to the City and IDWAWM for approval. 2. Contact IDWAWM to determine requirements in effect at the time affecting the Project, including necessary permits and approvals. The Consultant shall prepare permit applica- tions and assist the City in obtaining necessary permits. 3. Obtain available data from appropriate sources such as soils maps, geological maps, hydrogeologic data, topo- graphic maps, water quality test reports, previous geotech- nical investigations and reports, existing plans, specifi- cations, and field notes relating to landfill construction, plan of operation, and other available material that pro- vides information on the area of study. 4. ;lake a thorough inspection of the landfill site including undisturbed areas, current operations, and those cell areas previously completed and closed. 1 5. Conduct interviews with City staff and operators to gather information and data regarding landfill development and op- erational practices. Specific areas of concern will empha- size cell preparation procedures, treatment of unsuitable soil conditions, and final cover placement and cell closing and management practices. 6. Review past remedial efforts by the City to correct the leachate problem. 7. Prepare a Plan of Study presenting the requirements and procedures to more fully develop baseline data relating to ' the site soils and geohydrology and to investigate and assess previous landfill operations. The Plan of Study will be based on data gathered from the previous work tasks and will present a detailed program for 1) the number and location of recommended monitoring wells, 2) layout of soil borings and requirements for geotechnical testing and anal- ysis, 3) recommended program for the gauging, sampling, and laboratory testing of leachate flows, and monitoring well samples, and 4) recommend procedures to determine hydraulic gradient/flows and direction of the leachate within the landfill. The Plan of Study will be developed to specifi- cally address the following: d451 a. Investigate and determine sources of'water inflow into the landfill through surface penetration, perched water, and groundwater. b. Determine the presence of perched leachate and monitor gas pressure within the landfill. C. Determine the relative degree of saturation within the landfill. d. Determine the volume and characteristics of leachate flow from the study site. 8. Prepare ten (10) copies of the Plan of Study and provide to the City. The Consultant will meet with the City and IDWAWN to discuss and review the Plan of Study for comment and concurrence before undertaking the subsequent work tasks included in this phase of work. 9. Provide services necessary to implement and conduct the required monitoring, testing, and analysis identified in the approved Plan of Study. The Consultant will prepare permit applications and assist the City in obtaining neces- sary permits from IDWAWM as required for boring activities. 10. The Consultant will review new data obtained and present a letter report to the City and IDWAWM summarizing the moni- toring, testing, and analysis program and the evaluation of results obtained. 11. Based upon existing data and the results of the field test- ing program, develop and evaluate alternative remedial methods and costs for resolving the leachate problem. Both long-term preventive measures and collection/treatment al- ternatives will be considered. Meet with the City to review and screen those alternatives to be further devel- oped and evaluated. 12. Prepare a Draft Report for submittal to the City presenting alternatives considered, schematic design for each alterna- tive, expected degree of reliability, life expectancy, and initial capital costs and o6N costs associated with each alternative. A recommended course of action with suppor- tive documentation will be developed and presented. 2 73(� 13. Present recommendations regarding future landfill expansion to provide for minimizing leachate problems and meeting regulatory guidelines. 14. Meet with the City and IDWAWM to present and review the Draft Report. Ten (10) copies of the Draft Report will be provided. Comments made by the City and IDWAWM will be addressed by the Consultant. Twenty-five (25) copies of the Final Report will be prepared and submitted to the City. B. Design Phase After City approval of the Final Report and anticipated,con- struction costs and upon written notice from the City to pro- ceed, the Consultant shall begin the Design Phase which shall include: 1. Preparation of detailed contract drawings; 2. Preparation of specifications and contract documents. The contract documents shall meet all requirements of the City's affirmative action and equal opportunity program; the Consultant shall coordinate with the City's human Rela- tions Department to insure that said contract documents so comply; 3. Furnishing the City with two (2) copies of the specifica- tions and contract drawings for a.final review by the City. The Consultant shall obtain project approval from IDWAWM. after initial City review and approval; 4. Preparation of a final estimate of anticipated construction cost upon final approval by the City of the final design, plans, and specifications; 5. Conducting periodic meetings with City personnel and IDWAWM Engineers to review design plans and specifications; 6. , Assisting the City in securing bids; the City shall provide bid documents to the contractors, using reproducibles pro- vided by the Consultant; 7. Assisting in the tabulation and analysis of bid results and furnishing recommendations on the award of the construction contracts; 8. Assisting in the preparation of the formal documents for the award of the contracts; 9. Reviewing detailed construction drawings and shop and erec- tion drawings submitted by contractors for general compli- ance with design concept. C. Special Services The Consultant shall advise the City during construction rela- tive to this project, and shall provide the following special services: 1. Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered; 2. Review laboratory reports, materials, and equipment; i I I d451 3 73� A 3. Flake periodic visits to the site to observe as an expert- enced and qualified design professional the progress and quality of the executed work and to determine in general ff the work is proceeding in accordance with the Contract Documents; he shall not be responsible for the means, methods, techniques, sequences, or procedures, of construc- tion selected by contractor(s) or the safety precautions and programs incident to the work of contractor(s). His efforts shall be directed toward advising the City that the completed project conforms to the Contract Documents. During such visits and on the basis of his on-site observa- tions he shall keep City informed of the progress of the work, shall endeavor to guard City against defects and deficiencies in the work of contractor(s) and shall recom- mend disapproval or rejection of work failing to conform to the contract documents. Such site visits are not intended j to substitute for technical observations by an on-site resident inspector employed by the City. The Consultant shall not be responsible for any failure of contractor(s) to carry out the day-to-day work in accordance with the construction contract(s). 4. Issue a final inspection report to the City and IDNAWM upon completion of the project. Upon request the Consultant agrees to assist the City as expert witness in litigation arising from the development or construc- tion of the project and in hearings before various approving and regulatory agencies. II. TDIE OF COMPLETION The Consultant shall complete each phnse of this project within the times listed below: Investigation and Recommendation Phase - 120 days after signing of this contract. Design Phase - 60 days after approval of the Final Report and receipt of written notice to proceed from the City. Construction Phase - The Consultant shall include appropriate con- struction times in the job specifications. III. GENERAL TERMS A. Should the City terminate the contract, said Consultant shall be paid on the basis of the schedule of fees and charges for pro- fessional services as herein attached as Exhibit B and by this reference made a part hereof, for all work and services per- formed up to the time of termination. However, such sums shall not exceed the "not to exceed" amount listed in Section IV. The City may terminate this agreement upon seven (7) days' written notice, to the other party. If the City and Consultant are unable to agree on the percentage of completion, the matter shall be resolved by the procedure of the American Arbitration Association. B. This agreement shall be binding upon the successors and the assigns of the parties hereto, provided, however, that no as- signment shall be made without the written consent of all parties to said agreement. C. Consultant agrees to indemnity and hold harmless the City of Iowa City, its officers, employees, and agents against any lia- bility or claim of damages arising out of the negligent acts, errors, or omissions of the Consultant, his employees, or agents. d451 4 73 � d451 D. It is understood and agreed that the retention of the Consultant by the City for the purpose of said project shall be exclusive but the Consultant shall have the right to employ such subcon- sultants as may be required for the performance of the project. Said Consultant shall be responsible for the compensation, in- surance, and all clerical detail involved in the employment of such subconsultants. E. It is agreed by the City that all records and files pertaining to information needed for said project shall be made available by said City upon reasonable request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no party to this agreement shall per- form contrary to any state, federal, or county law or any of the ordinances of the City of Iowa City, Iowa. C. Michael Hunzinger and Henry Mann of the Consultant shall attend such meetings of the City Council relative to the work set forth in this contract and as may be requested by the City. Any re- quirements made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. 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 nther data prepared or obtained by the Consultant pursuant to this agreement without cost, without restriction or limitation as to the use relative to specific projects covered under this agreement. The Consul- tant shall not be liable for use of such documents on other projects. I. The Consultant agrees to furnish all reports and/or drawings with the seal of a professional engineer or architect affixed thereto or such seal as required by law. J. The City agrees to tender to the Consultant all fees and money in accordance with the schedules attached as Exhibit B except that failure by the Consultant to satisfactorily perform in ac- cordance 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 contract be found invalid, it is agreed that all of its sections shall remain in full force and effect as though severable from the part invalid. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproduci- ble copies for their filing use. M. Direct personnel costs for the purpose of this contract shall be defined as the Consultants Standard Time Rates. Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. N. Records of the Consultant's direct personnel expense, subcon- sultant expense, and reimbursable expenses pertinent to the project, and records of account between the City and the Consul- tant shall be kept on a generally recognized basis and shall be available to the City or its authorized representative at mutu- ally convenient times. L1 �3G 0. Reimbursable expenses include expenditures made by the Consul- tant, his employees, or his consultants in the interest of the project for the following incidental expenses listed: 1. Expense of transportation and living when traveling in con- nection with the project, for long distance calls and tele- grams. 2. Expense of word processing, printing of reports, and repro- duction, postage, and handling of drawings and specifica- tions, including copies for Consultant's office use. 3. Fees paid for securing approval of authorities having jurisdiction over the project. Fees paid by the Consultant for subconsultants employed with the City's approval for services associated with this contract. P. The Consultant shall assist and be present for any preparation of Letting or analysis of contract dealing with said project. Q. The Consultant, agrees to use its best efforts to perform the work specified and all obligations under this agreement within the agreed not -to -exceed amount and that the Consultant's per- sonnel will make every effort to keep the project on schedule and on budget. However, if changes occur in the Consultant's Scope of Services, or anticipated level of effort required to perform the scope of services, then, in that event, a Supplemen- tal Agreement may be requested by either party. R. The City shall make all provisions for the Consultant to enter upon public or private land for the Consultant to perform his work under this Agreement. S. The City shall examine all documents presented by the Consultant and render in writing decisions pertaining to the documentq within fifteen (15) days after receipt so as not to delay the work of the Consultant. IV. COMPENSATION FOR SERVICES The City agrees to pay for services stated in this contract on the basis of the following fees: Investigation and Recommendation Phase - The Consultant shall be paid upon 2.0 x Direct Personnel Expense, plus Reimbursable Expenses. The total fee for the Investigation and Recom- mendation Phase shall not exceed $44,800 including Rei.m- bursible expenses. The total fee includes an allowance of $15,000 for providing soil borLngs and associated analysis and installing sampling and monitoring wells as outlined in Exhibit C. Additional costs for soil borings and samp- ling and monitoring wells, should they be incurred, wLll. be paid for as a Special Service. Design Phase - Due to the difficulty of determining the exact scope of the work prior to completion of Investigation and Recommendation Phase; Design Phase fees shall be negotiated after completion and acceptance of'the Investigation and Recommendation Phase. Special Services - The total fee for each requested duty shall . be established before the beginning of that task. The Direct Personnel Expense of all personnel classifications asso- ciated with this project shall be attached as Exhibit B. The City agrees to reimburse the Consultant for reimbursable expenses listed in Item III.O in accordance with Exhibit B. The Consultant shall furnish receipts of all outside expenses upon request. d451 736 All fees shall be billed and due payable monthly. With each billing the Consultant shall list the individual classification, the hours worked, and the Standard Time Rate. Billing shall be broken down into•the following categories: Investigation and Recommendation Phase Design Phase Special Service (detailed) All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the ideals of the Engineering and j Architectural Profession. I It is further stated that there are no other consideration or monies contingent upon resulting from the execution of this contract nor have any of the above been applied by any part to this Agreement. FOR THE CITY: v FATTEST: FOR THE CONSULTANT: ATTEST: -f •�L _•fes EXHIBIT B �STANLEYCONSULiANTS Standard Time Rates and Charges Fiscal Year 1984-85 i i I `r i I } 1. Compensation for office -based personnel located In the contiguous United States for time used In the performance of 4 the work shall be In accordance with the following Standard Time Rates plus 100% of these Standard Time Rates: I Classification Hourly Rate Classification Hourly Rate j I SC -1 6.90 SC -8 21.20 SC -2 8.30 SC -9 24.05 SC -3 9.55 SC -10 27.20 SC -4 11.45 SC -11 31.45 SC -5 13.60 SC -12 37.15 SC -6 16.05 SC -13 48.50 SC -7 18.70 SC -14 59.00 Travel time in the interest of the work and away from the assigned office, either local or intercity, will be charged in accordance with the foregoing schedule. When traveling by the maximum charge will be eight hours per day. I' It. Compensation for items of expense and other charges incurred in connection with the performance of the work shall JI be in accordance with the following schedule: Commercial and Charter Travel Net Cost Living Expenses (away from assigned office) At Cost SC Car S 0.25/mile Telephone and Telegraph At Cost 111 i Personal Car S 0.20/mile Equipment Rental AI Cost plus 10% Four-wheel Drive Vehicles S 0.35/mile Laboratory Work At Cost plus 10% Computerized Specification System Soils Testing and Analysis At Cost plus 10%' S 9.75/unit Outside Photographic Work At Cost plus 10% Automated Word Processing S 6.50/unit Duplicating Work (schedule supplied upon request) Computer -Aided Drafting Technical Testing and and Design 545.00/hour Surveying Equipment (schedule supplied upon request) Typewriter -Aided Lettering S 6.25/unit Standard Drawings and Guide Specifications (schedule supplied upon request) Phototypography $ 7.50/unit ! i III. Compensation for data processing system use shall beat the applicable unit cost. Compensation for use of proprietary ! computer programs shall be as a surcharge rate applied to the data processing system charges. Compensation for i outside computer system services shall be at net cost plus a surcharge rate to Cover data communication costs. Compensation for programming, data entry, and consultation shall be in accordance with Article 1 above. (Schedule j supplied upon request.) IV. Compensation for purchases, items of expense, and other charges not scheduled above, incurred in connection with the performance of the work. shall be at cost. V. Charges are subject to revision on or after March 31, 1985. Form A 84-85 736 1 � ' EXHIBIT C The following is an estimated effort relating to providing soil borings and associated analysis and installing sampling and monitoring wells. Item 1. Field work to be completed in 40 hours. Crew to include 1 engineer and 2 support personnel with truck -mounted rig and 1 support vehicle. Item 2. Drill 5 soil borings around perimeter of FY72-FY81 area in unexcavated material. This will include 3 borings at 35 ft. and 2 borings at 50 ft. This will include installation of 5 peizometer wells. Obtain continuous split spoon sampling. Item 3. Drill 12 borings through fill areas. This will include 1 boring at 15 ft, 4 borings at 20 ft., 3 borings at 25 ft., 3 borings at 35 ft., and 1 boring at 50 ft. Item 4. Obtain visual classification of material from each boring. An average of 8 classifications per boring is assumed. Item 5. Obtain sieve analysis of material obtained from 5 borings described in Item•2. An average of 2 sieve analyses per boring is assumed. Item 6. Obtain and analyze disturbed samples from 12 borings des- cribed In Item 3. An average of 4 samples per boring is assumed. Item 7. Prepare soils report presenting results of field investi- gations, laboratory analysis, and recommendations. Summary 1. Field work 40 hrs. 2. Soil borings (5 each) o Continuous sampling 205 LF o Piezometer 205 LF o Piezometer 5 Ea o Visual classification 40 Ea o Sieve analysis 10 EA 3. Borings through fill areas (12 each) o Auger drilling 488 LF (Includes 50% increase o Disturbed samples 48 Ea for moving boring to o Visual classification96 Ea avoid obstructions) o Piezometer 325 LP o Piezometer 12 Fa 4. Seal boring holes 5. Prepare Soils Report 73b City of Iowa City MEMORANDUM Date: April 13, 1984 To: Neal Berlin and City Council From: Chuck Schmadeke CI) Re: City of Iowa City Landfill -Leachate Problem The City of Iowa City was issued an administrative order from the Iowa Department of Water, Air and Waste Management to cease the discharge of leachate from the landfill site into waters of the state and to develop remedial measures to eliminate or otherwise control leachate from the landfill site. As a result of this order, the Public Works Department solicited proposals from 23 engineering firms with experience in the disposal of solid waste and related leachate problems. 14 engineering firms responded to the request for proposals. After reviewing the 14 proposals, a short list consisting of the five most qualified firms was compiled for personal interviews. The propos- als were reviewed and the interviews were conducted by four City personnel. The five firms selected to be interviewed were Brice -Petrides -Donohue, Eugene A. Hickok & Associates, Howard R. Green Company, Shive-Hattery Engineers, and Stanley Consultants. Based upon the attached selection criteria, City staff selected Stanley Consultants of Muscatine, Iowa, as the preferred consultant. /sp 73G' ;'7CITY -)F CIVIC CENFER 410 E. WASHINGTON SE February 10, 1984 0\4A CITY IOWA CITY, IOWA 52240 (319) 356-5000 Re: Request for Proposal to Develop a Solution for Resolution of the Leachate Problem at the City of Iowa City Sanitary Landfill Dear Sir: The City of Iowa City owns and operates a landfill located approximately two miles west of the Iowa City city limits. The landfill, in use since 1972, serves Johnson County residents. The county population is approxi- mately 88,000. Approximately 74 acres of the 180 acre site, 41 percent of the total, have or are currently being utilized for past and present refuse fill opera- tions. Most of the refuse is residential. There is a limited amount of hospital and industrial wastes. The average depth of the cells in the completed areas of the landfill is 35 feet. Natural slopes encountered at the landfill range from 2 percent to 18 percent. Soils existing at the landfill consist of the following types: Colo -Ely complex, Lodoga silt loam, Clinton silt loam and Fayette silt loam. The landfill site has experienced minor surface leakage of leachate since 1974. No leakage to underground water tables has been detected. The City has attempted to control the leachate flows by excavating the areas of the leachate "boils" and repacking them with clay; constructing a cut-off wall to contain the leachate; and installing a tile and lagoon system to collect the leachate. The current estimated flow rate, when the tile system is connected, is five gallons per minute. Test results of the leachate in the lagoons show COD and BOD strengths in the range of 19,000 to 20,000 milligrams per liter with moderate to small amounts of metals present. 73L February 10, 1 Page 2 }; "�,. ' 0— Since all efforts by the City to correct the leachate problem to the satisfaction of the State have failed, the City is seeking the services of a consulting engineering firm with expertise in geology, hydrology, high t strength liquid waste treatment, and familiarity with the Iowa Department of Water, Air and Waste Management's (IDWAWM) Landfill Regulations to study the leachate problems encountered at the City landfill and to develop a solution acceptable to IDWAWM and the City of Iowa City. The City requires the services of a firm that has demonstrated proven ability and successful past experiences in the area of solid waste disposal. Time restraints on this project will be quite rigorous and therefore shall be taken into account in any proposals forwarded to the City. The State has issued an Administrative Order requiring the City to submit a schedule for a full-scale evaluation of the leachate problem along with a schedule for implementing remedial measures to eliminate the problem by April 1, 1984. If you believe you have the expertise to develop a satisfactory resolution to the leachate problem, please provide the City with information detailing your firm's capabilities and experiences. This information should include the following: 1. Principal officers of your firm. (1) 2. Previous experience in resolving problems associated with leachate at public landfills. List the client contact person for each project. (5) 3. Level of success on previous leachate control and/or treatment projects. (5) 4. Previous project costs and sizes. (4) 5. Manpower assigned to work on the Iowa City project. Include name, qualifications and resumes of personnel who would be involved in this project and their previous experience working together as a team. (4) 6. Location of offices. (2.5) 7. Previous experience working on public sector projects involving review by state agencies. (3) 8. A list of the various engineering or related disciplines that would be involved on this project and the method of coordination of these various disciplines. (4) 736 ti ;ebruary 10, 10 . ;age 3 A description of the facilities and production capabilities of the office involved on this project. (2) 0. Techniques you would use to insure the study is completed on schedule. (3) I. Descriptive literature about your firm. (2) f you are interested in working with Iowa City on this type of project, lease provide the requested information no later than February 27, 1984. ach written proposal will be evaluated on the basis of the information provided. The numbers in parenthesis indicate the weight given to each of the criteria listed above. The City will evaluate each written proposal and select the most qualified firms for personal interviews. Final selection will be made after completion of the personal interviews. If you have any questions or comments on the above information, please do not hesitate to contact me. Sincerely, Charles Schmadeke, P.E. Director of Public Works bdw/sp /—no f: nking Consultant 1. Brice, Petrides, Donohue 2. Howard R. Greene 3. Stanley Consultants -4. Shive-Hattery 5.' Hickok 8 Associates 6.' -Metcalf 3 Eddy 7. Warzyn Engineering 8. Eldredge Assoc. 9. Beling Consultants 10. Bruce A. Liesch 11. Terracon Consultants 12. Woodward -Clyde 13. Clapsaddle-Garber 14. Shoemaker 6 Haaland CONSULTANT RANKINGS LANDFILL LEACHATE RFP'S 1 2 3 4 5 6 7 8 9 10 11 TOTAL 0.5 4.5 4.0 3.5 3.0 1.5 2.5 3.5 1.0 2.5 2.0 28.5 1.0 3.0 3.0 3.0 3.5 2.0 3.0 3.0 2.0 2.5 2.0 28.0 0.5 3.0 2.5 2.0 3.5 2.0 3.0 3.5 1.5 2.5 2.0 26.0 1.0 2.5 3.0 2.5 3.0 2.5 2.5 3.0 1.5 2.5 2.0 26.0 0.5 3.5 3.5 3.0 2.5 1.5 3.0 3.0 1.0 2.5 1.5 25.5 0.5 3.5 3.5 1.5 3.0 0.5 2.5 2.5 2.0 2.5 2.0 24.0 1.0 4.5 3.0 2.5 2.5 0.5 2.0 2.5 1.5 1.5 1.5 23.0 0.5 4.5 4.0 3.5 2.0 0.5 2.5 2.5 1.0 0.5 1.5 23.0 0.5 2.5 3.0 2.5 3.0 1.5 2.0 3.0 1.5 1.5 1.5 22.5 1.0 2.5 3.0 2.0 2.5 1.0 2.0 2.5 2.0 2.0 2.0 22.5 1.0 2.5 2.0 3.0 1.5 2.0 2.0 2.0 1.5 1.5 2.0 21.0 0.5 3.5 3.0 2.0 2.5 0.5 2.5 2.5 1.0 1.5 1.5 21.0 1.0 2.5 1.5 1.5 2.5 1.5 2.5 2.5 1.5 1.5 2.0 20.5 1.0 2.0 1.5 0.5 1.5 2.0 2.5 1.5 1.5 1.5 2.0 17.5 1 5 5 4 4 2.5 3 4 2 3 2 35.5 LANDFILL LEACHATE INTERVIEWS 1. How involved will the project manager,be? 2. Study/design approach to the project. 3. How will team members interact? 4. City staff involvement? 5. Iowa Dept. of WAWM involvement? 6. Alternative design concepts. 7. Management of soils investigation and water migration. 8. Previous experience with leachate control. 9. Expertise in dealing and controlling groundwater flows. 10. Expertise in dealing with surface water flows. 11. Expertise in treating leachate or liquid wastes high in B.O.D. 12. How prepared was the team for this interview? i CONSULTANT RANKINGS LANDFILL LEACHATE INTERVIEWS Ranking ;. Consultant 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL I. Stanley Consultants 4.0 4.5 5.0 4.5 4.5 5.0 4.5 4.0 5.0 4.5 2. Brice, Petrides, Donohue 4.0 4.0 4.0 4.0 4.5 3.5 4.0 5.0 3.5 4.0 3.. Shive-Hattery 4.5 3.0 3.5 3.5 3.0 3.5 4.5 2.5 4.0 4.0 4. Hickock & Associates 3.5 2.0 3.0 3.0 4.0 2.5 3.0 4.0 4.0 3.0 5. Howard R. Green 4.0 2.0 2.5 4.0 3.5 2.5 3.0 2.0 2.5 3.0 (5 points possible for each question) Total possible 60 4.5 5.0 55 4.0 5.0 49.5 3.0 5.0 44.0 3.5 3.0 38.5 2.0 1.0 32.0 s City of Iowa Cil,: (-- MEMORANDUM Date: April 16, 1984 To: Neal Berlin and City Council From: Chuck Schmadeke CJ Re: City of Iowa City Landfill, Leachate Problem The Public Works Department has negotiated an agreement with Stanley Consult- ants to resolve the leachate problem at the Sanitary Landfill. The negoti- ated price for the investigation and recommendation phase of the work is $44,800. The Public Works Department feels it is necessary to make an exhaustive investigation of the three possible sources of water (surface water, perched water and ground water) penetration into the solid waste in order to reduce or eliminate the flow of leachate, as well as an investigation of alternate sources of treatment. Pumping or hauling the leachate to the wastewater treatment plant is not very appealing because of the high organic content of the waste. The estimated present flow of leachate has an organic content equal to an equivalent liquid waste from a population of 15,000 people with about one-third of the landfill being utilized. If. the present flows remain stable and we experi- ence the same problems with the remainder of the landfill, we can expect leachate flows with an organic content equal to an equivalent liquid waste from a population of 45,000 people. Such an organic waste load, obviously, cannot be handled by the present wastewater treatment plant. Even more critical, the projected organic waste load cannot be handled by the proposed new wastewater treatment plant. In addition, leachate flows can be expected to continue for at least 50 years after landfilling operations cease. Therefore, the Public Works Department recommends entering into an agreement with Stanley Consultants for the negotiated price of $44,800 and proceeding with the investigation and recommendation phase of the project. The negoti- ated agreement is attached for your consideration. bj5/16 %3 C RESOLUTION NO. 8484=8S RESOLUTION APPROVING COMPENSATION FOR STORM SEWER EASEMENTS FROM RAY SLEZAK AND AAGE AND EVELYN JENSEN FOR THE 1984 SPECIAL PAVING ASSESSMENT PROJECT - TANGLEWOOD STREET/VENTURA AVENUE WHEREAS, it is in the public interest to construct paving and storm sewer improvements in the Tanglewood Street/Ventura Avenue area in Iowa City, Johnson County, Iowa; and WHEREAS, it is necessary to acquire a storm sewer easement owned by Ray Slezak with just compensation set at $2,000 and it is necessary to acquire storm sewer easements from Aage and Evelyn Jensen with just compensation set at and amount equal to their project assessment. The Jensen's preliminary assessment is $4,836.97. See attached plats. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the permanent storm sewer easements between the City of Iowa City and Ray Slezak and Aage and Evelyn Jensen as owners of said properties for the purposes of the storm sewer easements. It was moved by Erdahl and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO R BAKER X DICKSON X ERDAHL X AICDONALD X STRAIT X ZUBER Passed and approved this 24th day of April , 1984 ATTEST: -w--, ITY CLERK Received $ Approvod RY The_ Legal D parnnent '^'a2$1"�^ y i8 8 � 737 TEMPORARY CONSTRUCTION EASEMENT THE UNDERSIGNED, being the owners of the following described real estate to -wit as described in Exhibit "A" attached to this easement and by this reference made a part hereof. It is hereby agreed as follows: For and in consideration of a waiver by the City of any special assessment payable by Owners in connection with the 1984 Special Paving Assessment Project (Tanglewood Street -Ventura Avenue) of the City, the receipt of which is hereby acknowledged, do hereby grant and convey to the City of Iowa City, Iowa, an easement and right of entry and encroachment over the above-de- scribed real estate, for the purposes of construction of street improvements of Tanglewood Street -Ventura Avenue in the City of Iowa City, Iowa. This grant conveys to the City of Iowa City, Iowa, its agents and employees and contractors employed by the City for the construction of said improve- ments the right to enter and encroach upon the real estate described for the period of construction of the improvement and is for the purpose of install- ing the street improvements or structures related thereto and may include storage of equipment or materials on said real estate and also includes the preparation of a suitable seedbed on private property and the fertilization and seeding of disturbed areas all as provided in the plans and specifica- tions of said project. It being understood that the City of Iowa City, Iowa, by accepting this grant of easement, right of entry and encroachment, agrees to fine grade said real estate per the plans and specifications and to prepare a suitable seedbed on said real estate and that in the event any additional damage is caused to said real estate by the negligence of the City of Iowa City, Iowa, or its employees that said damage will be repaired or compensated. Dated at Iowa City, Iowa, this ,-__-- day of / Ihl o , 1984. CITY OF IOWA CITY, IOWA &044�&� age J sen J hn McDonald, Mayor ATTEST: f Elv e yn de en City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this_ /A6 day of ' 1984, before me, the undersigned, a Notary Public in and or le State o Iowa, County of Johnson, personally appeared to me known to be the identica rs s name n a o executed the Toregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ZJlIPub'Ar and for- Not r Publ c in an o he State o -Iowa My commission expires / -a9-86 Y.sr:lvst'; 1 Approved n.,' '111? i.egai Do agmen STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this 24th day of Aril� A.D., 1984, before me, the under- signed, a otary Public in and for the a of Iowa, personally appeared ald and Marian K. Karr to me personally known, who, ng y me u y sworn, id say tat t ey are he Mia or� and , respectively, of sai mind nicipal corpora on executing a wit in an oregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed (and sealed) on behalf of said municipal corporation by authority of its City Council; and that the said Dia or and City Clerk as such officers acknow a ge a execution aid nstrument to be the vo5untary act and deed of said municipal corporation, by it and by them voluntarily executed. yIlAn,4inn 7<, cp���e� Natar` Pull] c in and for said County and State 11 f , i i N SCALE: 1%50' 0 VEl AVE 7 176.1 LQ� 2 C0N3iRUCT10 EASEMEIJr, 400 ul $ �d 9p DESCRIPTION OF ENTIRE TRACT tQ-T I Lot 2, Yocum Subdivision of part of the north half of the NE and NW quarters of the NW4 in Sec. 3-79-6W of the 5th P.M. EASEMENT DESCRIPTION The northerly 15' of the westerly 701, the northerly 35' of the easterly 100' of the westerly 170' and the northerly 60' of the easterly 78.03' of Lot 2, Yocum Subdivision of part of the north half of the NE and NW quarters of the NW4 in Sec. 3-79-6W of the 5th P.M. IAAGE a EVELYN JENSEN PERMANENT SANITARY AND STORM SEWER EASEMENT THIS AGREEMENT, made and entered into by and between Aage and Evelyn Jensen, hereinafter referred to as "OWNERS," and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "CITY." IT IS HEREBY AGREED AS FOLLOWS: 1. For and in consideration of a waiver by the City of any special assess- ment payable by OWNERS in connection with the 1984 Special Paving Assessment Project (Tanglewood Street -Ventura Avenue) of the City, the OWNERS hereby grant and convey to the CITY, for itself and for the use and benefit of the public, a permanent easement for the purpose of constructing and maintaining sanitary and storm sewers in the area described in "Exhibit A" attached hereto and incorporated by reference herein. 2. The OWNERS hereby covenant that they are lawfully seized and possessed of the real estate described above, and that they have a good and lawful right to convey this easement. 3. The CITY shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, repair and maintenance of the sanitary and storm sewers. 4. The CITY shall have the right to trim and remove all trees and bushes which may interfere with the use of the sanitary and storm sewers or the exercise of the CITY's rights pursuant to this Easement; however, if valuable timber is removed, it shall continue to be the property of the OWNERS. 5. The CITY shall have the right of ingress and egress to and from the easement area by such route as shall occasion the least practical damage and inconvenience to the OWNERS. 5. The OWNERS reserve the right to use the real estate above-described for purposes which shall not interfere with the CITY's or public's full enjoyment of the rights granted in this Easement; provided, however, that the OWNERS shall not erect or construct any obstruction within the easement, nor shall OWNERS allow or cause any fill or cut over said easement. 7. The CITY agrees to promptly repair any damages it may cause within the area subject to the easement. 8. The CITY shall indemnify OWNERS against any loss or damage which may occur in the exercise of the easement rights by the CITY, except for loss which may be occasioned by a diminution in business during the temporary use of the area for repairs and/or maintenance. 9. The provisions hereof shall insure to the benefit of and bind the successors and assigns of the respective parties hereto, and all cove- nants shall apply to and run with the land. This perpetual easement shall be recorded at the time of its execution. Dated this 24th- day of April , 1984. CITY OF IOWA CITY, IOWA hn McDona d, I ATTEST: city Clerk 137 STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this _ _Laday of l l! 1984, before me, the undersigned, a Notary Pup c inddnd for th State of Ipwa, County of Johnson, personally appeared n 0 .. - � M ^ - u ! 1)..� /!i en , to me known to be the ident ca p ,on(s named n a d o execute -the instrument and acknowledged that they executed the same as their voluntary act and deed. Not ry ub is in and for thtate of Iowa My commission expires _ �„ --`2T9 4L ____ STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this 24th day ofA A.O., 1984, before me, the under- signed, a Notary Public in an ril or a State of Iowa, personally appeared John McDonald and Marian K. Karr , to me personally known, who, being by me duly sworn, did say that they are the Mayor and Cit Clerk L respectively, of sad munic pa corporation executing the wit in and fore'going instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed (and sealed) on behalf of said municipal corporation by authority of its City Council; and that the said John McDonald and arr as such officers acknowledged the execution Osaid ns rumen oto• e Ene vo untary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary FuM is in and said County and State 737 N SCALE: 1 %50' ui%ruRA AVE DESCRIPTION OF ENTIRE TRACT Lot 2, Yocum Subdivision of part of the north half of the NE and NW quarters of the NW1.; in Sec. 3-79-614 of the 5th P.M. PERMANENT EASEMENT DESCRIPTION That part of Lot 2, Yocum Subdivision of part of the north half of the NE and NW quarters of the NWsq in Sec. 3-79-6W of the 5th P.M. described as follows: Conmencing on the north line of said Lot 2, 45' west of the NE corner; thence easterly 45' to the NE corner; thence southerly 60' along the east line of Lot 2; thence northwesterly to the point of beginning. AAGE a EVELYN JENSEN PERMANENT STORM SEWER EASEMENT THIS AGREEMENT, made and entered into by and between Ray Slezak, hereinafter referred to as "OWNER," and the City of Iowa City, Iowa, a municipal corpora- tion, hereinafter referred to as "CITY." IT IS HEREBY AGREED AS FOLLOWS: 1. For and in consideration of the sum of $2,000, receipt of which is hereby acknowledged, OWNER hereby grants and conveys to the CITY, for itself and for the use and benefit of the public, a permanent easement for the purpose of constructing and maintaining a storm sewer in the area described in "Exhibit A" attached hereto and incorporated by reference herein. 2. The OWNER hereby covenants that he is lawfully seized and possessed of the real estate described above, and that he has a good and lawful right to convey this easement. 3. The CITY shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, repair and maintenance of the storm sewer. 4. The CITY shall have the right to trim and remove all trees and bushes which may interfere with the use of the storm sewer or the exercise of the CITY's rights pursuant to this Easement; however, if valuable timber is removed, it shall continue to be the property of the OWNER. 5. The CITY shall have the right of ingress and egress to and from the easement area by such route as shall occasion the least practical damage and inconvenience to the OWNER. 6. The OWNER reserves the right to use the real estate above-described for purposes which shall not interfere with the CITY's or public's full enjoyment of the rights granted in this Easement; provided, however, that the OWNER s)all not erect or construct any obstruction within the easement, nor shall OWNER allow or cause any fill or cut over said easement. 7. The CITY agrees to promptly repair any damages it may cause within the area subject to the easement. 8. The CITY shall indemnify OWNER against any loss or damage which may occur in the exercise of the easement rights by the CITY, except for loss which may be occasioned by a diminution in business during the temporary use of the area for repairs and/or maintenance. 9. The provisions hereof shall insure to the benefit of and bind the successors and assigns of the respective parties hereto, and all cove- nants shall apply to and run with the land. This perpetual easement shall be recorded at the time of its execution. Dated this <7 day of ZeLd - , 1984. ),%n e*I -k �nn� Cit Clerk Recelved & Approved 1eczl Ur a-. n1 737 ■ COUNTY OF JOHNSON On this day of 1984, before me, the undersigned, a Notary Public in and or tue state of Iowa, County of Johnson, personally appeared , to me known to be the identical rson(s named in and who execute the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. and fo to n Notary Pu 1 c in andhe State ot Iowa My commission expires j STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) I On this Z�44t�h�day of r' A.D., 1984, before me, the under- signed, a NoTary Public n an •or the State of Iowa, personally appeared John McDonaldy and Marian K. Karr , to me personally known, who, y 15�eing me u sworn, did say that they are the Mayor and 9 rk , respectively, of said municipal corporation executing a witiin an oregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed (and sealed) on behalf of said municipal corporation by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. i Notary Publit in and for -said County and State 7,31 1 S8 '01'W fghi�i2' Ij� 419.10' N y9 U, 9. F i I I i SCALE 419.10' •I�iO,_ S W COR OF W V4i' DESCRIPTIO! Of ENTIRE TRACT: NE 1/j, N Beginning 478.5' S of the NW corner of the NE', of the NW4 Sec. 3, Twp. 79, N of R6W j of the 5th P.M.; running thence E 419.10' to intersect the land of James Drizhal; { thence S 841.50' to the S line of the NE11- of the NW14; thence W on said line to the I SW corner of said NE'; of the NW, of Sec. 3, Twp. 79, N of R6W, W of the 5th P.M. thence N 841.50' to beginning. PERMANENT EASEMENT DESCRIPTION Beginning on the S line of Lot 8, Yocum Subdivision 16.62' westerly of the SW corner, thence S52001'1.1 52.731, thence S37059'E 20', thence N52001'E 79.27' to the S line of Yocum Subdivision, thence S89001'1•1 33.23' along the S line of Yocum Subdivision to the point of beginning all being in the NE', of the NW14 of Sec. 3, Twp. 79, N of R611, west of the 5th P.M. RAY SLEZAK City of Iowa Cites MEMORANDUM Date: April 18, 1984 To: City Council and City Managern From: Frank Farmer, City Engineer W, Re: Tanglewood/Ventura Paving Improvements Temporary construction and permanent easements for storm sewer are required from Aage and Evelyn Jensen and Ray Slezak to complete the above-mentioned project. The Ray Slezak property is located at the end of Tanglewood Street and is not located within the assessment limits. The Engineering Division has negotiated a fee of $2,000 with Mr. Slezak for easements on the property. Mr. and Mrs. Jensen's property is located at the corner of Dubuque Street and Ventura Avenue and is within the assessment limits for the Tanglewood/Ventura paving improvement project. The attached appraisal for the necessary easements, performed by Larry Waters of Hoffman -Waters, is estimated to be $5,000. Mr. and Mrs. Jensen have agreed to give the necessary easements to Iowa City in return for the City paying their assessment. The Jensen's assessment is estimated to be $4,836.97. The Engineering Division feels the appraisals for the easements on the Jensen property by Larry Waters and the negotiated engineering price for the easements on the Ray Slezak property is fair and equitable and recommend approval of these easement agreements. bdw3/1 Enclosure 7-37 REALTORS Koffman -waters PHONE 319.338-9796 510 EAST BURLINGTON IOWA CITY IOWA 52240 Mr. Bruce Knight City Planning & Progam City of Iowa City Civic Center Iowa City, Iowa 52240 RE: Aage and Evelyn Jensen property 2050 North Dubuque Street Temporary Construction Easement and _Permanent Sanitary and Storm Sewer Easement Dear Mr. Knight: The damages for the permanent sanitary and storm sewer easement are estimated to be $100. The damages for the temporary construction easement which will include the loss of trees, changing of the grade and the use of the property during the time of the temporary easement are estimated to be $4,900. The estimate of total damages for the temporary and permanent easements is $5,000. Sincerely, � oTd� Larr P. Waters LPW:rcp APR -6M P.P.D. DEPARTMENT 73 7 1 ■ RESOLUTION NO. 84-86 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREE14ENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM FOR THE USE OF 1984 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE MYEP/IOWA YOUTH CORPS SUMMER CONSERVATION PROGRAM WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to provide work sites for disadvantaged youth and utilize Community Development Block Grant funds to purchase materials for park improvements within selected park sites. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with the Mayor's Youth Employment Program for the MYEP/Iowa Youth Corps Summer Conservation Program. Said agreement is attached to this resolution and is incorporated by this reference herein. It was moved by Dickson the Resolution be adopted, and up AYES: NAYS �X_ X x_ X —x x_ x_ Passed and approved this 24t1 and seconded by Strait on roll call there were: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber ATTEST: CITT CLERK B4. R4-iived & Approved ny Th Legal Dep rl nt 6'4- AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MAYOR'S YOUTH EMPLOYMENT PROGRAM FOR THE USE OF 1984 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE MYEP/IOWA YOUTH CORPS SUMMER CONSERVATION PROGRAM THIS AGREEMENT, entered into as of the 24th day of April, 1984, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and Mayor's Youth Employment Program (herein referred to as "MYEP"); and WHEREAS, the City is the recipient of Community Development Block Grant (herein referred to as "CDBG") funds, granted by the U.S. Department of Housing and Urban Development (herein referred to as "HUD"), under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to provide work sites for disadvantaged youth participating in the MYEP/Iowa Youth Corps Sumner Conservation Program and to utilize CDBG funds to purchase materials for park improvements within selected park sites; NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT. I. PURPOSE AND SCOPE OF SERVICES: A. MYEP will provide meaningful employment and job training for disadvantaged youth ages 15-1B who have been randomly selected by the State of Iowa to participate in the Iowa Youth Corps Summer Conservation Program. B. MYEP will perform the following working services in a manner satisfactory to the City: 1. MYEP will utilize the CDBG funds to purchase materials needed to construct an open shelter in Terrill Mill Park, to purchase playground equipment to be erected in Brookland Park, and to purchase materials to repair two (2) other park shelters within the City. 2. MYEP will utilize the Iowa Youth Corps crew to construct the Terrill Mill Park shelter, to erect playground equipment within Brookland Park, and to complete the park shelter repairs. 3. The two park shelters selected for repairs shall be located within parks situated within CDBG designated Neighborhood Improvement Areas. The sites selected shall receive the approval of the Iowa City Parks and Recreation Department. 4. CDBG funds not obligated to the Terrill Mill Park, the Brookland Park and the shelter repair projects may be utilized to purchase playground equipment for other park sites located within CDBG designated Neighborhood Improvement Areas. The park sites for which this playground equipment will be purchased shall be approved by the Iowa City Parks and Recreation Department. 73,r 2 i 5. The technical assistance required to develop the design of the Terrill Mill Park shelter, to assess the playground equipment needed and to determine the repairs needed for the park shelters shall be provided by the City. 6. MYEP shall hire administrative and supervisory personnel to provide training and environmental education to the Iowa Youth Corps participants and to monitor safety requirements. 7. The City shall provide technical assistance regarding bidding procedures and awarding of contracts. All procedures shall be carried out according to HUD standards and shall be monitored by the City. 8. Upon completion, shelter facilities and the playground equipment installation shall comply with all applicable State and local building codes. 9. MYEP shall maintain sufficient workers' compensation and j liability insurance covering the MYEP/Iowa Youth Corps Sumner Conservation Program and shall assume all responsibility for tort claims related to this program. II. TIME OF PERFORMANCE: This agreement shall commence upon execution by the parties and shall terminate August 31, 1984. III. COMPENSATION AND METHOD OF PAYMENT: i The City shall pay $12,318.00 to MYEP to purchase materials for the projects set forth herein. MYEP shall request payment for the materials purchased for the projects set forth herein from an account established for this purpose by the Iowa City Finance Department. In the event that MYEP is unable to undertake the projects set forth in this summer conservation program, or if the program is termi- nated, all unobligated funds shall be returned to the City. IV. GENERAL ADMINISTRATION: A. Accounting and Progress Reports: 1. The City shall provide accounting services for the purchase of materials for the MYEP/Iowa Youth Corps Summer Conserva- tion Program projects set forth herein. 2. The MYEP Director shall be responsible for the administra- tion of the program, including the preparation of a program budget for the City's approval. All expenditures under the program shall conform to OMB Circular A-122, Cost Principles for Non-profit Organizations (copy to be provided by the City). The MYEP Board shall serve as an advisory committee 7Ja .. 3 � for the selection of the Director. The Director and other supervisory personnel shall be entitled to such benefits as are approved by the City and the Board of MYEP. 3. MYEP shall direct all correspondence concerning this agree- ment to the Office of the Iowa City Community Development Block Grant Program Coordinator. 4. MYEP shall submit special monthly reports to the Program Coordinator's office on the 15th day of each month until all CDBG funds disbursed under this agreement have been ex- pended. Such reports shall document the progress of the projects set forth herein. 5. Not later than September 30, 1984, MYEP will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. B. Other Reports, Audits and Inspections: 1. MYEP shall furnish the City or HUD with such statements, records, data, and information as the City or HUD may reasonably request pertaining to this agreement within the time requested. 2. At any time during normal business hours, there shall be made available to the City, HUD and/or the Comptroller General of the United States, or the duly authorized representatives, all of MYEP's records with respect to this agreement in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this agreement. 3. MYEP shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this agreement for a period of three (3) years from the termination of this agreement. V. TERMS AND CONDITIONS: i This agreement shall be subject to the following terms and condi- tions, to -wit: A. Equal Employment Opportunity MYEP shall not permit any of the following practices: Discharge from employment, refuse to hire, or discriminate against any individuals in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 73P 4 B. Non-discrimination in Services MYEP shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation or disability. I C. Termination I This agreement may be terminated upon a thirty -day written notice by either party. D. Interest of MYEP MYEP covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services under this agreement. MYEP further covenants that in the performance of this agreement no person having such an interest shall be employed by MYEP. E. Assignability MYEP shall not assign or transfer any interest in this agreement whether by assignment or novation, without the prior written approval of the City. F. Hold Harmless Provision MYEP shall indemnify and hold harmless the City, its officers, employees, and agents from all liability, loss, cost, damage, torts, wrongdoings or criminal action caused by persons, employed by or under the supervision of the MYEP/Iowa Youth Carps Sumner Conservation Program, and expense (including reasonable attor- ney's fees and court costs) resulting from or incurred by reason of any action based upon the performance of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the 24th day of April, 1984. FOR CITY OF IOWA CITY,/IOWA: FOR MAYOR'S YOUTH EMPLOYMENT PROGRAM: By: (./ 4A By: or resident, MYEP BQ6rd ATTEST: A1111----T----T��E-��S��T: Ct Cork J� .� Director, MYEP ? 'Y!FlCki I AMmyed 'h_ le Cc! U� a/rtmen2 --moo %J?0 1 RESOLUTION NO. 84-87 RESOLUTION AUTHORIZING EXECUTION OF LEASE ON ROTARY SCOUT CAMP WHEREAS, for a number of years the City, for its Parks and Recreation Department, has leased the Rotary Scout Camp from the Iowa City Rotary Club; and WHEREAS, although the formal lease expired on May 15, 1983, the City has continued to use the property and both parties wish to formally extend the lease. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign, and the City Clerk to attest, the Agreement whereby the City shall lease the Rotary Scout Camp for the five year period May 16, 1983 through May 15, 1988. It was moved by Dickson and seconded by Strait the Resolution be adopted, an upon ro11 call there were: AYES: NAYS: ABSENT: X AMBRISCO —It— BAKER —X— DICKSON �— ERDAHL —� MCDONALD —R— STRAIT �C— ZUBER Passed and approved this 24th day of kpril 1 OI ATTEST: 17%,,: 2{-" ?6�n,✓ CITr CLERK Recrivecf & Approved i'F nIrhrI ^d Eegal QQ a of 739 9 I r� This Lease Agreement, executed in duplicate, made and entered into as of the 16th day of May, 1983, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "Lessee," and Robert V. Hogg John R. Hushes , Trustees, Rotary Scout Camp, and their successors as elected by Iowa City Rotary Club and their assigns, hereinafter referred to as "Lessor," whose address for the purpose of this lease is President, Rotary Club of Iowa City, P.O. Box 684, Iowa City, Iowa 52244. 1. Premises and Terms. The Lessor, in consideration of one dollar ($1.00) and of the agreements and conditions herein contained, on the part of the Lessee to be kept and performed, leases unto Lessee and Lessee hereby leases from Lessor, according to I the terms and provisions herein, the following described real estate, situated in Johnson County, Iowa, to wit: Beginning at a point in the center of the fenced roadway 787 feet north of the S.W. corner of Section 6, Township 79 North, Range 6 West, of the 5th P.M., thence north 7030' west along the center line of said roadway a distance of 836 feet to a monument at the bend of the road; thence north 13026' east along the center line of the fenced roadway a distance of 320.4 feet; thence south 76034' east a distance of 1032 feet; thence south 7030' east a distance of 767 feet; thence south 82030' West 1078.2 feet to the point of beginning. (The above-described tract contains 23.4 acres and is hereinafter referred to as "Camp Cardinal.") with the improvements thereon and all rights, easements and appurtenances thereto belonging for a term of five. (5.) years, 'commencing upon the date first above given upon the condition that the Lessee performs as provided in this lease. Lessee has the option to renew this lease for an additional five years subject to the same terms and conditions. However, this lease may be terminated upon 90 days written notification by either party. 73i Page 2 2. Possession. Lessee shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the Lessor at the time and date of the close of this lease term, except as herein otherwise expressly provided. 3. Use of Premises. Lessee convenants and agrees during the term of this lease to use and occupy the leased premises only for educational and recreational purposes, including without limitation, supervised nature hikes. Lessee agrees to make this facility available to all Johnson County residents. The Lessee agrees to continue to designate Camp Cardinal as the property of the Rotary and to generally inform its users that the Rotary has made the premises available for educational and recreational purposes. 4. Quiet Enjoyment. Lessor covenants that it is lawfully seized of said premises and that the Lessee on performing all agreements provided herein, shall and may peaceably have, hold, and enjoy the demised premises for the term of this lease free from eviction or disturbance by the Lessor or any other persons or legal entity whatsoever. 5. Care and Maintenance of Premises. a. Lessee takes the premises in their present condition. The premises consists of a 23.4 acre conservation area with one concrete block building. b. Lessor has no duty to maintain during the term of the lease. C. Lessee shall maintain said premises as a conservation area with selected trail mowing. 739 ■ Page 3 6. Surrender of Premises. a. Lessee agrees that upon termination of this lease it will surrender the premises in good and clean condition, except the effects of ordinary Near and tear, or damage without fault or liability of the Lessee. b. Lessee may,, at the expiratfon of the term of this lease or any renewal or renewals thereof, -or at a reasonable time thereafter remove any fixtures or equipment which Lessee has installed, providing said Lessee repairs any and all damages caused by removal. 7. Assignment or Subletting. There shall be no assignment of this lease or subletting of the premises. 8. Taxes and Soecial Assessments. a. All real estate taxes shall be paid by the Lessor. b. Lessor agrees to pay all taxes levied against its personal property on the premises during the term of the lease. c. Special assessments shall be timely paid by the Lessor. d. Lessee shall purchase liability insurance to protect interests of the Lessor, if such policies are available at a reasonable rate. If no such policy is available, the Lessee shall through self—insurance, protect the interests of the Lessor. Trustees, Rotary Scout camp, for the benefit of the Iowa city Rotary club E� ^l,eivsd & APpr�.ed 8Y iha Legal De -739 ■ parks & recreation department MEM 0 to: City Manager and City Council from. Dennis E. Showalter re: Renewal of Lease on Camp Cardinal d a t e . April 19, 1984 Attached are two copies of the lease for Camp Cardinal which has been signed by the Rotary Club. Please approve this lease and authorize the Mayor to sign it. The City first entered into the lease agreement in 1978, the lease called for a five-year lease with a five-year renewal option. This lease is the same --five years with a five-year renewal option. Vie intend to use Camp Cardinal primarily for supervised nature hikes. The plant material and plant associations are different and more varied than at Hickory Hill Park, making it an ideal alternative to Hickory Hill for nature study. The area will be made available to other public bodies, such as the school district, Coralville Parks and Recreation Department, the University Recreation Education Depart- ment and University Recreation Services. Maintenance costs will be kept to a minimum. This is an excellent opportunity to continue to provide desirable open space to the public at a minimum cost. DES/dh Attach. city of iowa city '739 RESOLUTION NO. 84-88 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE JOHNSON COUNTY CITIZENS' COMMITTEE FOR THE HANDICAPPED. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383), and WHEREAS, the City Council did, by Resolution No. 83-387 dated December 6, 1983, allocate such funds for the purpose of publishing an accessibility guide for the Iowa City-Coralville area, and WHEREAS, the City of Iowa City wishes to contract with the Johnson County Citizens' Committee for the Handicapped, a private non-profit corporation, to prepare and publish said accessibility guide. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That the Mayor be authorized to execute and the City Clerk to attest an ortJohnson County Citizens' oacilthe edp to CDBG funds toprepareanpblishancessbiityguidforthe Iowa City-Coralville area. It was moved by Erdahl and seconded by Ambrisco the Resolu- tion be adopted, andand ups ll there were: AYES: NAYS: X — X — X — X — X X — X Passed and approved this 24thday ATTEST: . t� g CITY CLERK ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER d V�W t cd w Al7preve By The Legal Qcpa Imes;t 7//0 i I i AGREEMENT This Agreement, made and entered into on the 24th day of A ril 1984, by and between the City of Iowa City, a municipal corporation(herein referred to as the "City") and the Johnson County Citizens' Committee for the Handicapped, a private non-profit corporation (herein referred to as the "Committee"), pertains to the use of Community Development Block Grant funds to prepare and publish an accessibility guide for the Iowa City-Coralville area. This Agreement shall be subject to the following terms and conditions, to -wit: I. EQUAL EMPLOYMENT OPPORTUNITY AND NON-DISCRIMINATION: The Committee shall not permit any of the following practices: To discharge from employment, refuse to hire, or discriminate against any individual in the terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. Further, the Committee shall not deny its services to any person on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. II. SCOPE OF SERVICES: The Committee will compile and publish in booklet form 1,000 copies of a comprehensive guide of accessibility for persons with handicapping conditions to businesses and public facilities located in the Iowa City-Coralville area. (Said booklet referred to as the "accessibility guide.") Upon its publication, the accessibility guide will be made available to the public, upon request, at no charge (other than actual postage and handling costs). The Committee agrees to fulfill its obligations under this Agreement in a timely manner, not to extend beyond December 31, 1984. III. COMPENSATION: Upon execution of this agreement, the City will pay and the Committee agrees to accept in full, $560 for provision of the above services. Such funds to be allocated under the 1984 Community Development Block Grant to the City. IV. PROJECT ADMINISTRATION: A. The Committee will submit monthly progress reports to the City by the 15th day of each month until the completion of the accessibil- ity guide and expenditure of all funds disbursed under this agreement. Said reports will be in a form and content acceptable to the City. 740 r 2 B. Not later than January 31, 1985, the Committee will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. C. The Committee will be responsible for all administration of the project covered by this agreement. All records and files pertain- ing to expenditures under this agreement will be maintained for a period of three years from the termination of this agreement and will be made available to the authorized agents of the City or the U.S. Department of Housing and Urban Development upon their reasonable request. D. The City will assume no responsibility or liability for the operation, program funding, or debts of the Committee. E. This agreement may be terminated upon a 30 day written notice by either party. In the event that this agreement is terminated, any unexpended funds remaining from the original allocation shall be promptly refunded to the City. V. ASSIGNMENT: This agreement may not be assigned without the prior written agreement of both parties. CITY OF IOWA r.ITv rnu❑ JOHNSON COUNTY CITIZENS' COMMITTEE FOR THE HANDICAPPED i ATTEST: Citi C erg Roeelvod 2 ApprovA Ry The logal c:parhnentl b 4 84' 74{0 HUMAN RIM ORDINANCE ---- amended ordinance never received in our office - City Attorney memo reflects the changes 7e7Z/ City of Iowa CL." MEMORANDUM Date: April 24, 1984 To: City Council From: Robert W. Jansen, City Attorney Re: City Non -Discrimination Ordinance The proposed changes to the City's Non -Discrimination Ordinance have been reworded and reflect your discussion regarding these changes which occurred during your April 23, 1984 informal Council meeting. Section 18-1. Definitions Definition of elderly to be added: "Elderly means any person who has attained the age of 55 years wherever that term is used in this ordinance." Section 18-32. Housing Three exemptions to be added under subsection (b): 5. Restrictions based on presence or absence of dependents in the rental or leasing of housing accommodations within an owner - occupied dwelling of four or fewer units where the owner occupies the premises, or some portion thereof, and actually resides therein. 6. Restrictions based on presence or absence of dependents in the rental or leasing of housing accommodations where the owner occupied the premises, or some portion thereof, and actually resided therein as of the effective date of this ordinance. 7. Rental or leasing of housing accommodations where 75% or more of the persons residing therein are 55 years of age or older or are disabled as that term is defined in this ordinance. Provided that these qualifications are met, such accommodations may be designated specifically for the elderly and/or disabled subject to the requirements of Section 18-32(d)." Section 18-32. Housing Expansion on an exemption currently a part of the ordinance: "(d) Housing accommodations may be designated specifically for the elderly and/or disabled. However, such housing accommodations may not otherwise be restricted among the elderly and/or disabled on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex, sexual orienta- 744/ .. Page 2 ^' tion, public assistance source of income, or presence or absence of dependents, provided that any such dependents meet the definitions of elderly or disabled as provided herein. Designa- tions of such restrictions shall be made part of any rental property on file with the City of Iowa City. Designations shall be in writing on forms provided by the City and shall be in effect until changed but shall apply for a minimum period of one year." bc2 Received 3 Approved 1�6 City of Iowa Ci MEMORANDUM Date: April 24, 1984 To: Neal Berlin, City Manager From: Judy Hoard, Housing Inspector Re: Owner -occupied structures with four or more dwelling units Property Address Owner No. of Units 315 First St. Leroy E. Miller 5 dwelling units 620 Kirkwood Ave. Lucille Miller 5 dwelling units 516 E. College St. Robbie McNamer 4 dwelling units 603 E. College St. Alice Hooten 5 dwelling units 2221 Muscatine Ave. Jim McFall 4 dwelling units 623 E. Jefferson St. Opal Allen 6 dwelling units 403 E. Jefferson St. Mabel Morrissey 5 dwelling units 124-126 N. Clinton Grace Kelley 15 rooming units 430 E. Jefferson St. Mrs. Russell Cochran 5 dwelling units 314 N. Clinton St. Pearl Olive Ritter 4 dwelling units 308 N. Clinton St. A.J. Larew 10 dwelling units 202 E. Bloomington Dorothy & Stanley Miller 5 dwelling units 530 E. Bloomington Carl Miller 4 dwelling units 419 N. Dubuque St. Mrs. Frank Kuncl 5 dwelling units 212 E. Fairchild St. Larry Brumley 5 dwelling units (_ eYW1 Q 1:;[A)4 Type III d./u. 521 Church St. Betty Lou Maxwell 6 dwelling units 620 Church St. Edna Kielenstyn 4 dwelling units 207 Myrtle Ave. Richard Iiock 30 dwelling units 1225 E. Davenport St. N.J. Peet 4 dwelling units bdw2/6 '714/.