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HomeMy WebLinkAbout1995-04-25 ResolutionRESOLUTION NO. 95-81 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Holiday Inn Iowa City - 210 South Dubuque Street Golden Oldies - 1910 S. Gilbert Street It wasmoved by Kubby and seconded by as read be adopted, and upon roll callthere were: AYES: NAYS: ABSENT: X X X X that the Resolution Baker Horowitz · Kubby Lehman Novick Pigott Throgmorton Passed and approved this 2.Sth day of ATTEST:~ CITY-CLERK Anr~l ~/IAYOR ,1995. \danceprm,res RESOLUTION NO. 95-82 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY95 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in the Civic Center at 7:30 p.m., May 9, 1995, to permit any citizen to be heard for or against the proposed amendment to the FY95 Operating Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than four (4) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 2$th day of ^.pr~l , 1995. CITY CLERK Approved by rney s Office~/.,~_~.._c- It was moved by Kubb¥ and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: the Resolution be X X X X X X X Baker Horowitz Kubby Lehman Novick __ Pigott __ Throgmorton a\finadm 1\operbdg.res RESOLUTION NO. 95-83 RESOLUTION APPROVING FINAL PLAT OF ORCHARD VIEW ESTATES, JOHNSON COUNTY, IOWA. WHEREAS, the owners, William and Joan Frees, filed with the City Clerk the final plat of Orchard View Estates, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa: Beginning at the Southwest Corner of the Southwest Quarter of the Southeast Quarter of Section 19, Township 80 North, Range 5West, of the Fifth Principal Meridian, said Point being the Southeast Corner of Furrows Edge, in accordance with the Plat thereof Recorded in Plat Book 33, at Page 40, of the Records of the Johnson County Recorder's Office; Thence N00°O7'59"W, along the West Line of said Southwest Quarter of the Southeast Quarter, and the East Line of said Furrows Edge, 1333.57 feet, to the Northwest Corner of said Southwest Quarter of the Southeast Quarter, and the Northeast Corner of said Furrows Edge; Thence S89°22'42"E, along the North Line of said Southwest Quarter of the Southeast Quarter, 1064.36 feet, to its intersection with the West Line of the East 244 feet of the Northwest Quarter of said Southeast Quarter; Thence NOO°O8'57"W, along said West Line, 993.54 feet, to its intersection with the Centerline of D~ngleberry Road, NE; Thence S89°11'53"E, along said Centerline, 516.99 feet, to the Southwest Corner of Lot One, of Dingleberry Subdivision, in accordance with the Plat thereof, Recorded in Plat Book 28, at Page 50, of the Records of the Johnson County Recorder's Office; Thence N89°46'21"E, along the South Line of said Dingleberry Subdivision, 709.26 feet; Thence Southeasterly 225.97 feet, along said South Line, on a 409.28 foot radius curve, concave Southwesterly, whose 223.11 foot chord bears S74°24'39"E; Thence S58°35'39"E, along said South Line, 88.84 feet; Thence Southeasterly, 67.25 feet, along said South Line, and Southeasterly projection thereof, on a 238.73 foot radius curve, concave Northeasterly, whose 67.03 foot chord bears S66°39'51"E, to its intersection with the East Line of said Southeast Quarter; Thence S00°30'50"W, along said East Line, 2200.1 5 feet, to the Southeast Corner of said Southeast Quarter; Thence N89°31 '27"W, along the South Line of said Southeast Quarter, 1644.48 feet, to the Southeast Corner of Cannon Subdivision, in accordance with the Plat thereof Recorded in Plat Book 30, at Page 19, of the Records of the Johnson County Recorder's Office; Thence N00°28'33"E, along the Easterly Line of said Cannon Subdivision, 362.19 feet, to the Northeast Corner thereof; Thence N76°O7'44"W, 480.80 feet, along the North Line of said Cannon Subdivision; Thence N89°31'27"W, along said North Line, 139.17 feet, to the Northwest Corner of said Cannon Subdivision; Thence SO0° 28'33"W, along the West Line of said Cannon Subdivision, 473.58 feet, to the Southwest Corner thereof, said Point being on the South Line of said Southeast Quarter; Thence N89°31 '27"W, along said South Line, 366.07 feet, to the Point of Beginning. Said Tract of Land contains 109.77 Acres, more or less, and is subject to easements and restrictions of record. Resolution No. 95-83 Page 2 WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said 'subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this 25th day of April , 1995. ATTEST: CITY'CLERK AYOR Appl~ by '~'~ ,/ It was moved by Nov£ck and seconded by 'l'hvngmnv~'rm adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: ._X x x x x Baker Horowitz · Kubby Lehman Novick Pigott Throgmorton STAFF REPORT To: Planning and Zoning Commission Item: SUB95-0006, Orchard View Estates. GENERAL INFORMATION: Applicant: Requested action: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-day limitation period: SPECIAL INFORMATION: Public utilities: Prepared by: Scott Kugler Date: April 6, 1995 William and Joan Frees 2672 Newport Road NE Solon, IA 52240 Phone: 351-8792 Final plat approval for Orchard View Estates. South side of Dingleberry Road, approx- imately .6 miles east of Highway 1. 109.77 acres. Vacant; RS-3, Suburban Residential. North - Agricultural and Residential,A1 and RS; East- Agricultural, A1; South - Agricultural, A1; West - Residential, RS-3 The Fringe Area 4 Policy states that a limited amount of residential develop- ment will be approved east of Highway 1. Fringe Area Agreement for Fringe Area 4, as amended; City Code Chapter 14- 7, Land Subdivisions. March 16, 1995. May 1, 1995. May 15, 1995. Public utilities are not presently avail- able to this area. One common well is 2 Public services: proposed to serve the entire subdi~ sion. Sewage disposal will be prOVide by individual, on*site septic sYStem,~ Utility easements have been designate, along aJJ rights-of, way for gas, electrici ty, te/aphone, cable TV', sanitary sew. era, water mains, and drainage. storm sewer Transportation: Physical characteristics: Police protection is provided by John- son County with fire protection provid- ed by the Solon Fire Department. Access to the site will be from Dingle- berry Road, which has access directly to Highway 1. The site is generally made up of a se- ries of ridges and WOOded ravines. The proposed roadways generally follow the ridge lines, and two of the ravines are to be partially set aside as common BACKGRouNd: open space. The applicants, William and Joan Frees, are requesting final Plat approval of Orchard View Estates, an approximate 109.77 acre, 34 lot SUbdivision located Within Fringe Area 4 on the south side of Dingleberry Road, approximately .6 miles east of Highway 1. The preliminary P/at was approved by the City Council on February 28, 1995. This tract was rezonad in the Fall of 1994 from A1, Agricultural, to RS-3, Suburban Residential, to allow residential development. Because a port/on of this property lies within Fringe Area 4, the City approve the SUbdivision before it can be recorded and developed. must apply to SUbdivisions Within Fringe Area 4. City rural design standards A NA The street locations have not changed and generally follow the ridgetops to avoid the ravines that are present on the site. As required m the Fringe Area 4 .... WOoded The design and layout of the final plat is in accordance with the approved preliminary plat. construction will be to County design standards, the rest of the SUbdivisio and City rural design standards will apply approval Ho'-- n. The pro ....... ~u,uement, roadway · waver ~v~uo tmal construction ~ ..... , legal papers m,,~, ~- Plat appears t ~ plat. y uo~lc Works prior to ~,,~ me.y s Office an '"'~Y ~,Oun ' . . d cll considerabort The Fringe Area Agreement outlines four guidelines for residential development Within Fringe the construction or reconstruction of Public roads are not needed, w . impact surrounding properties, where It well not cause c'--":-- here It will not ...... · Area 4. These guidelines state that residential development should be approved only where ~u,.~u~[ural uses, and if 3 adequate measures are taken to protect natural areas such as steep slopes, wetlands and forested areas. As discussed during the preliminary platting process, the proposed development appears to meet these guidelines. STAFF RECOMMENDATION: Staff recommends that SUB95-0006, a request for final plat approval for Orchard View Estates, an approximate 109.77 acre, 34-1ot residential subdivision located within Fringe Area 4 along the south side of Dingleberry Road, approximately .6 miles east of Highway 1, be approved subject to the approval of legal papers by the City Attorney's Office and construction drawings by Public Works prior to City Council consideration. ATTACHMENTS: 1. Location Map. 2. Final Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development users~scottk\wp\orchard,fin LOCATION MAP SUB95-0006 ORCHARD VIEW ESTATES ~110th ST FOX LANE '31 RESOLUTION NO. 95-84 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BOYRUM SUBDIVI- SION, PART 4, IOWA CITY, IOWA. WHEREAS, the owner, Blackhawk Partners, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Boyrum Subdivision, Part 4; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the~requirements of the City Ordinances of the City of Iowa City, Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Boyrum Subdivision, Part 4, Iowa City, Iowa, is hereby approved, The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 25th day of Apri:~ , 1 995. CITY~ CLERK I~IAYO R ~ .._.) ~,~d y '~/ ~.tt or n ,e.,y/~y D f f ice ~-Z/-~.~'-' It was moved by Kubby and seconded by adopte'd, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: Baker __. Horowitz Kubby Lehman Novick __ Pigott Throgmorton ppdadmin~boymm4.fes STAFF REPORT To: Planning & Zoning Commission Item: SUB95-0007, Boyrum Subdivision, Part 4 GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: SPECIAL INFORMATION; Public utilities: Public services: Prepared by: Robert Miklo Date: April 6, 1996 Blackhawk Partners P.O. Box 3100 Iowa City, IA 52244 Preliminary plat approval. Subdivision into three commercia lots. South of Highway 6 between Boyrum Street and Waterfront Drive. 11.67 acres. Commercial- CC-2. North - Commercial; C1-1. East - Commercial; CI-1, CC-2. South - Commercial; CI-1. West- Commercial; C1-1, CC-2. Commercial. Zoning and Subdivision Code. March 16, 1995. May 1, 1995. Municipal water and sanitary sewer services are available to the property. The sanitary sewer line will be reconfig- ured to allow construction on Lot 3. Police and fire protection will be provid- ed by the City. Refuse collection will be provided privately. 2 Transportatiom Access to the property is from Boyrum Street on the east and from Waterfront Drive on the west. Transit service is provided by the Lakeside Route which travels on Waterfront Drive. Physical characteristics: The property is generally level and contains existing commercial develop- ment on Lots 1 and 2 and the northern portion of Lot 3. An area of hydric soils is located on the previously developed portion of the property. BACKGROUND iNFORMATION: The applicants are proposing to subdivide an 11.67 acre tract into three commercial lots. Proposed Lot 1 contains the current Hy-Vee Food Store located south of Highway 6. Proposed Lot 2 contains the existing Drugtown store at the intersection of Boyrum Street and Highway 6. The proposed Lot 3 currently contains Contractor's Tool & Supply and vacant land. Lot 3 is proposed to be the site of a new Hy-Vee Food Store. The majority of Lot 3 was recentlyrezoned from C1-1, Intensive Commercial, to CC-2, Community Commercial. The remainder of the subdivision is zoned CC-2. In addition to Lots 1-3, the southwestern portion of the plan contains an area proposed to be dedicated as street right-of-way to allow Waterfront Drive to be reconfigured to provide for a right-angle railroad crossing at Stevens Drive and Waterfront Drive. ANALYSIS: As submitted, the proposed plat of Boyrum Subdivision, Part 4 generally complies witl~ the zoning and subdivision regulations. However, the plat contains deficiencies and discrepancies as noted at the end of this report. These deficiencies and discrepancies must be resolved prior to preliminary plat approval. Conditional Zoning Agreement: The conditional zoning agreement which applies to this property specifies that the applicant or developer will be responsible for reconstructing the Stevens Drive/Waterfront Drive railroad crossing located at the southwestern side of this subdivision. This will include the dedication of additional land and the reconstruction of the railroad crossing and Waterfront Drive according to City standards. The conditional zoning agreement also contains other provisions regarding the site plan for the property, sanitary sewer lines, and a contribution for the reconstruction of Waterfront Drive to the south of the property. These issues will be addressed at the time of site plan and building permit approval for the proposed Hy-Vee development. Stormwater Management: To address the stormwater management requirements for this subdivision, the applicants have entered into an agreement with the City which provides for the cost sharing of the construction of a storm sewer system from this property to the Iowa River. In addition to providing stormwater drainage for this property, the system will also benefit other properties in the area and will address stormwater management concerns associated with the reconstruction of city streets in this vicinity. 3 Sanitary Sewer: A sanitary sewer line currently is located on Lot 3 in the area proposed for the new Hy-Vee store. The applicants are proposing to relocate this sanitary sewer to allow the construction of the retail building on Lot 3. The applicants are proposing to reconstruct the sanitary sewer along the vicinity of the southern and western sides of Lot 3. The proposed sanitary sewer relocation is acceptable according to the Public Works Department. Water: The water lines within the subdivision are proposed to be private. The public water main to the west of the subdivision will be rebuilt by the City when Waterfront Drive and the sanitary sewer line is rebuilt in the area. A water main extension fee of ~2,465 will be required for Lot 3. Transportation: Lot 2 currently has two curb cuts onto Boyrum Street. To correct and existing traffic problem at the intersection of Boyrum Street and the current northern driveway for the Drugtown store, the northern driveway will be closed, The southern access point on Boyrum Street should be the primary access point from the east for this subdivision. This access leads to a 27-foot wide common access easement which travels from Boyrum Street west to the western side of the subdivision, This easement provides vehicular access to all of the lots within the subdivision. With the reconstruction of the railroad crossing and Waterfront Drive, a second point of access will be provided to the subdivision from Waterfront Drive near the southwest corner of lot 3. This point of access will serve primarily Lot 3. However, it can be anticipated that vehicles traveling from the west may use this point of access to reach Lots 1 and 2 through the Hy-Vee parking lot, A third point of access is located south of the existing Hy-Vee store, where the common access easement travels along the lot line between Lots 1 and 3 and crosses the railroad to provide access to Waterfront Drive. Pedestrian access will be provided for from the south via a sidewalk on the east side of the reconstructed Waterfront Drive. Sidewalks will also be built on Boyrum Street adjacent to Lot 2, The City Council has indicated that they would like staff to work with the applicant to assure that the site plan provides for adequate pedestrian access to the proposed Hy-Vee development, To address this, a sidewalk system should be provided to allow pedestrians to travel from Lots 1 and 2 to the development on Lot 3, This internal sidewalk system will not appear on the preliminary plat, but should be included on the site plan for each lot, STAFF RECOMMENDATION: Staff recommends that the preliminary plat of Boyrum Subdivision, Part 4 be deferred pending resolution of the following deficiencies and discrepancies, Upon resolution of these issues, staff recommends approval. DEFICIENCIES AND DISCREPANCIES: 1, The west side of the railroad right-of-way should be shown on the plat. 2. The grades of the streets and drives on the plat are illegible. They should be printed more clearly. 4 ATTACHMENT: 1. Location Map. The locations of the water mains need to be approved by the Public Works Department. Approved by: , Director f Planning and Community Development ',sub95007.rm LOCATION MAP SUB95-0007 BOYRUM SUBDIVISION, PART 4 PLANT _- :- -- HIGHLAND '~'r ~Vo ¢ ii / / / / / I/ FTl'l-f-fTl'l~'f'l I " "~'-G~'I I I 1 I I I I I I I I RESOLUTION NO. 95-85 RESOLUTION APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS SUBDIVISION, PART 2, IOWA CITY, IOWA. WHEREAS, the owner, Dave-Ed Limited, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Galway Hills Subdivision, Part 2; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Galway Hills Subdivision, Part 2, Iowa City, Iowa, is hereby approved, subject to a tree preservation plan being submitted and approved by the City Forester prior to final plat approval. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 25th day of ^pr~.]. ,1995, CITY-CLERK It was moved by Kubby and seconded by adopted, and upon roll call there were: Novick the Resolution be AYES: NAYS: ABSENT: x x x x x x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS SUBDIVISION, PART 2, IOWA CITY, IOWA. WF the owner, Dave-Ed Limited, filed with the City Clerk of Iowa City, Iowa, an ~n for approval of the preliminary plat of Galway Hills Subdivisi 2; and WHERE~ the Department of Planning and Community Development an Departme~ examined the preliminary plat and recommended approval Public Works WHEREAS, Planning and Zoning Commission examined the prel deliberation, commended acceptance and approval of the plat )lat and, after due WHEREAS, the ~liminary plat conforms with all of the requ of the City of City, Iowa. of the City Ordinances NOW, THEREFORE, E IT RESOLVED BY THE CITY IOWA THAT: OF THE CITY OF IOWA CITY, 1. The preliminary approved. of Galway Hills Sub Part 2, Iowa City, Iowa, is hereby The Mayor and of the directed to certify this solution, approval by law. of Iowa City, Iowa are hereby authorized and shall be affixed to the plat after passage and Passed and approved this of ,1995. ATTEST: CITY CLERK City It was moved by adopted, and uF ppdadmin~galway2 res and seconded call there were: NAYS: the Resolution be A~ENT: ~B. aker I~rowitz Ku'l~y Lehrfi~ Novick" Pigott __. Throgmorton We were pleased at the interest shown by the City Council and the Planning and Zoning commission in the steps that could be taken to protect the fine stand of White Oaks on the east side of the planned new street, Donegal Place. The agreed deviation of the road to the west as it passes the trees is a valuable step. Unfortunately, the revised plat submitted by the developers Is otherwise unsuccessful in providing worthwhile protection to the Oaks, and in some respects is a poorer desfgn than the original plat. 1. The considerable expansion of Lot 44 has done little to increase the space available for house building. Preservation of the trees on this lot would still require a modest square footage (unlikely on such a very large lot) and the goodwill and extreme care of the contractors and subsequent owners. 2. It remains Impossible to burid on Lot 43 without destroying the southernmost Oak, one of the largest specimens. 3. The new location of Lot 43 now straddles the existing east - west fence line. As the letter sent by the Galway Hills Neighborhood Association to the Commission on March 26 pointed out, this boundary is itself a line of substantial trees extending all the way to H~ghway 218 and is a dominant feature of the landscape when wewed from the south. The original plat entailed the preservation of these trees as they formed the boundary of the narrow access route from Donegal Place to the drainage pathway. 4. The relocation of the access route on the west side of Donegal Place to lie north of Lot 57 has no advantages over the first plat, and entails needless destruction of the existing I~ne of trees which now bisect the lot, rather than being on its boundary. These drawbacks are readily apparent on inspection of the revised plat once the boundary line trees are drawn in, as on copies we have circulated to members of the council, the planning and zoning commisssion, and the developers. I wsh to stress float the locations and sizes of these trees are approximate, they are not drawn to represent an accurate survey. There is a great deal of concern among Galway Hills residents about the meaning of the large red X painted on the trunks of,~,of~t_h6~ Q.&.k~ since the prellmary plat was first presented to the Councilan 'l~."lt~'~a~'~r' understanding tllat the Cou,n. cil bad decided at that meeting that the Oaks were to be protected by a tree 1~8~3ti~-t~on~'~YM~. We remain convinced that the only way to ensure the preservation of these ancient Oaks is to dedicate the land they stand on as open space and we have suggested two possible plat revisions which would preserve not only the Oaks but also the existing boundary line trees at I~ttle or no cost to the developer. If, however, the council decides that protection is to be provided in the form of a tree protection er~c-r¢ tt~en it is ~mperative that an explicit statement is made about the terms of that protecti on. 1. Are the Oaks protected as of now? 2. Are all the Oaks protected? The report of Iowa City Landscaping, commissioned by the developers indicates that two of the trees are in poor condition and may not survive. Let us be very clear, these are in the center of the group, and so even if lost, space for construction would not increase. The impartial opinion of the city Forester would be of great value in these discussions. 3. How are the trees to be physically protected during construction, and how is protection to be enforced on the developers, the builders and the subsequent owners? If, the Council is considering approving the revised plat as submitted by the developers, then I close with a very specific question, and an appeal to commonsense. our question. How is it possible to build a house on lot 43 without sacrificing the Southmost Oak of the group, one of the largest and obviously healthy specimens? Our appealsThe revised"~p at submitted by the developers may be well intentioned but on detailed review it is flawed and in some respects worse than the original proposal. We urge the council not to approve it. Please delay this decision to give time for a careful study of the alternatives and a report by the city forester. At the very least, return the position of the access route on the western side of Donegal Place to its original location and save some of the boundary line trees. STAFF REPORT To: Planning and Zoning Commission Item: SUB95-0008; Galway Hills Subdivision, Part 2 GENERAL INFORMATION: Applicant; Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: SPECIAL INFORMATION: Public utilities: Prepared by: Charles Denhey Date: April 6, 1995 Dave-Ed Limited 317 N. Seventh Avenue Iowa City, IA 52245 Dave Cahill 351-5000 Approval of a preliminary plat. To permit development of a 24 lot resi- dential subdivision. Southeast quadrant of the intersection of U.S. Highway 218 and Melrose Avenue, at the end of Galway Drive. 14.63 acres. Undeveloped; RS-5 North East - South West - Residential; PDH~I Residential; RS-5 Undeveloped; RS-5 Undeveloped; RS-5 Residential, 2-8 dwelling units per acre. Provisions of the Zoning Chapter, the Subdivision Ordinance and the Grading Ordinance. March 16, 1995 May 1, 1995 Adequate water and sewer service is available to the site. A tap on fee will be required for sanitary sewer service. 2 Public services: City sanitation service, and municipal police and fire protection will be provid- ed. Transportation: Vehicular access is available to the site via Melrose Avenue and Galway Drive. Transit service is not currently available to the site. The nearest bus stop is located on the Hawkeye route approxi- mately one-half mile to the east. Physical characteristics: The site contains former crop land, with rolling to steep topography. A pond is located in the northeast portion of Part 2. BACKGROUND iNFORMATION: The subject property was conditionally rezoned from ID-RS to RS-5 in 1991. Part I of the subdivision, containing 39 lots, was also approved in 1 991. The Conditional Zoning Agree- ment (CZA), approved with the rezoning, required the developer to pay all cost associated with development of the site including but not limited to extension of water and sewer lines, pavement of streets and sewer tap-on fees, and to dedicate six acres of open space within the site. The preliminary ptat will need to be reviewed for compliance with these conditions. The plat for Part 2 contains a concept plan for the remainder of the Galway Hills Subdivision. Any action taken by the City regarding the plat for Part 2 of Galway Hills Subdivision applies only to Part 2 and does not indicate approval or endorsement of any potential future plans illustrated on the plat for Part 2. ANALYSIS: Zoning Chapter Compliance The proposed subdivision appears to comply with the requirements of the RS-5 zone. The Conditional Zoning agreement requires payment of all costs associated with development of the property, including costs for any oversized infrastructure. This issue will be addressed in the legal papers during the final platting process. The agreement also requires dedication of six acres of open space. This issue will be discussed in the Neighborhood Open Space Section of this report. Subdivision Ordinance Compliance. EnvironmentalIv Sensitive Features. The subdivision does contain areas with slopes in excess of 25%. In staff's opinion the steep slopes on Lots 50 and 51 create lots that may be difficult to develop. Because houses will need to be constructed as close to the front of the lot as possible and the location of these lots on a cul-de-sac/loop street, parking areas in front of these lots may exceed the maximum 50% pavement coverage of front yards allowed by the Zoning Chapter. Staff recommends that the terminus of Donegal Place be moved south to allow Lots 50 and 51 to be moved out of steep slope areas. 3 Also, the State Archaeologist indicated that archaeological sites are known to be located in the vicinity, but no identified sites are located within the proposed subdivision. The applica- tion has been sent to the Environmental Technical Advisory Committee. Neighbors of the proposed subdivision have raised aconcern regarding the oak trees shown on lots 43 and 44 and have submitted letters requesting that as many of the trees be protect- ed as possible. Lot 44 appears to be large enough to allow for construction of a house without to great an impact on the trees. However, construction of a home on lot 43 may be more difficult without impacting the trees. Staff feels that moving the access for the open space north so that it would be located between lots 43 and 44 would create more area within lot 43 to allow for construction of a house. Neiqhborhood Open Space. As previously mentioned the Conditional Zoning Agreement for the entire site requires the developer to dedicate six acres of open space somewhere within the subdivision illustrated on the concept plan. The proposed subdivision is located within the West High neighborhood open space district, which has an open space deficit of 9.41 acres. Subsequently, the Neighborhood Open Space Ordinance has been adopted, requiring either dedication of land of payment of fees in lieu of dedication for all residential subdivisions in the City. Based on the ordinance the entire Galway Hills Subdivision, containing approximately 120 acres, would be required to dedicate 2.74 acres of open space. The six acres required by the CZA will satisfy this requirement. Part 2 of the subdivision contains 14.63 acres, which results in an open space requirement of 0.33 acre. The open space shown on the plat within this part of the subdivision has been reviewed by the Open Space Committee of the Parks and Recreation Commission which found that the area did not meet the criteria spelled out in the ordinance and should not be credited toward meeting the Neighborhood Open Space requirements. The open space shown on the plat for Part 2 will be private open space administered by a homeowners association. A method for keeping track of the open space requirements for the subdivision as it develops will need to be established. This should be addressed in the legal papers during final plat approval. Secondary Access. With the addition of 24 lots in Part 2, the Galway Hills Subdivision will have a total of 63 lots. Using a rate of seven trips per day per lot the estimated traffic generated by the subdivision is 441 trips per day. The secondary access guidelines use a threshold of 2,500 trips per day on a co!lector street before a secondary means of access is required. On a local street a threshold of 500 trips per day is used. The 441 estimated trips is below this threshold and the subdivision does not meet any of the other criteria that would make secondary access necessary. However, future Parts of the subdivision may require a secondary means of access. Melrose Avenue Riqht-Of-Wa¥. Melrose Avenue is programmed to be widened from two to four lanes adjacent to this subdivision. The applicant is dedicating right-of-way for Melrose Avenue in an amount that is equal to the amount of right-of-way dedicated with Part 1. However, significant grading will be required for the widening and the Public Works Depart- ment has indicated that a temporary easement is needed that extends to the nearest property line, a width of approximately 70 feet. The easement shown on the plat should be measured from the new right-of-way line. 4 Melrose Avenue Sidewalk. The Melrose Avenue improvements call for an eight foot wide sidewalk on the south side. Consistent with the approval of other subdivisions adjacent to arterial streets, the applicant should be responsible for four feet of the sidewalk. At the time of final plat approval the applicant will need to establish an escrow account to cover the cost of the sidewalk. Desiqn of Doneqal Place. The plat shows an unusual design at the terminus of Donegal Place. In place of the more typical cul-de-sac the applicants are proposing landscaped islands. As previously mentioned, staff feels that a more traditional cul-de-sac design would reduce the length of the street and help to move lots 50 and 51 out of areas with steep slopes. The proposed design at the end of Donegal Place does meet City design standards for cul-de-sacs, including a minimum pavement width of 25 feet and a minimum curve radius of 39 feet. Due to the length of Donegal Place, it may be desirable to provide a sidewalk connection from the end of Donegal Place to Melrose Avenue. This could be accomplished between Lots 50 and 51. However, until design plans for the Melrose Avenue improvements are complete, it cannot be determined if the topography will allow such a connection. If at the time of final plat approval grading plans are available and indicate a sidewalk is desirable, a method for providing this sidewalk should be worked out. Gradin.q and Erosion Control Plan. The area to be subdivided contains slopes in excess of 3.5 to 1 and will therefore require submission of a grading and erosion control plan. The plan will need to be submitted and approved prior to City Council consideration of the plat. Stormwater Management. Preliminary Stormwater calculations will need to be submitted and approved prior to City Council consideration of the plat. The western stormwater manage- ment basin should be moved to the south to avoid conflicts with grading for the Melrose Avenue improvements. Sanitary Sewer and Water Main Fees. The proposed subdivision will be served by the Northwest Truck Sewer and will be required to pay a sewer tap on fee for the lots in the subdivision. Also, water main extension fees will be required. Payment of the fee will be addressed in the legal papers during the final plat approval process. STAFF RECOMMENDATION: Staff recommends that SUB95-0008, the preliminary plat of Galway Hills Subdivision, Part 2 be deferred, but that upon resolution of all the deficiencies and discrepancies listed at the end of this report, the plat be approved. Additionally, staff recommends that the terminus of Donegal Place be moved south to avoid steep slopes on Lots 50 and 51, and that the access to open space areas shown between Lots 42 and 43 be relocated north between Lots 43 and 44 to provide for greater protection of the existing trees. DEFICIENCIES AND DISCREPANCIES: A temporary construction easement for Melrose Avenue from the Right-of-way line to the nearest property line, approximately 70 feet should be shown. The western storm water management facility should be moved to the south to avoid conflict with grading for the Melrose Avenue improvements. 5 3. The angle in the sanitary sewer line at Melrose Avenue is to severe and needs to be redesigned. 4. A Grading and Erosion Control Plan is required due to the presence of slopes of 3.5 to 1 or greater. 5. Preliminary storm water calculations need to be submitted. 6. The legal description should be corrected to regarding the dimensions shown on Lots 4 and 5. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat. sUrep~g50008.CO Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development L0¢AT00N HAP SUB 95-0008 GALWAY HILLS SUB. PT.Z The following materials regarding this item were submitted by neighboring property owners or other interested persons, Galway Hills Neighborhood Association, 29, Galway Circle, Iowa City, IA 52246-2766. March 26, 1995. The Planning and Zoning Committee, City of Iowa City. As a neighborhood, we have reviewed the pre-preliminary plat for Galway Hills Subdivision - Part Two and wish to make known our concern for the group of mature trees which now occupy the proposed Lots 43 and 44. There are ten large old Oaks presently on this land which is contiguous with open space to be left for storm water drainage into the nearby natural pond. We wish you to consider including this small additional area as" set aside" land to protect this collection of majestic trees and enhance the beauty and natural environment of our developing neighborhood. This stand of Oaks, on a ridge of high land visible to the entire sub- division, provides a scenic focal point familiar not only to neighborhood residents but also to the large number of area residents and visitors passing by daily on Melrose Avenue and Highway 218. The busy and noisy intersection of these two roads is screened from many lots in Pad 1 and future pads of the subdivision by this natural barrier. Almost all of the individual mature trees in Part 1 of the subdivision have been lost, proving to be too central within the lots to allow house construction. We were therefore very pleased to note the thoughtful positioning of the access route from the new cul-de-sac to the stormwater drainage gulley west of Galway Circle which leads to the pond. Although not shown on the plat, this old fence line (and its continuations to the west of the new cul-de-sac and east into the Lot 23/Lot24 lot line on Galway Circle), bears a row of growing trees which, while much less significant than the Oaks, are a feature worthy of their incorporation into the design. Assuming that they are to be preserved, the developers are to be congratulated on this aspect of the plat. However, loss of the Oaks, unique in the subdivision and a major natural asset to the western approach to Iowa City, would be particularly unfodunate at a time when the council is actively encouraging and in some cases part funding projects such as The Heritage Tree Project, Project Green and more recently, PIN, the Program for Improving Neighborhoods. The proposed new road is at the edge of the "drip- line" of the Oaks, suggesting that only a minor alteration of the plat, to curve the road slightly further west and extend the southwestern boundary of the open space around the pond at the expense of just two lots (from a total of over 250 in Galway Hills), would be needed to keep the trees. The southern boundary of Lot 45 could be made southeastern, preserving its square footage while widening access between the pond and the Oaks. The Galway Hills Neighborhood Association, though small (16 families) is very interested in being included in plans for the development of our new subdivision. We see an outstanding opportunity to combine a large new neighborhood with an existing natural environment of great beauty for the pleasure of the Galway Hills occupants and the enrichment of Iowa City as a whole. This is a rare opportunity for all concerned. If lost, it cannot be remedied as further pads of the subdivision are platted. Yours Sincerely, j/. cd.~r Dave Cahill &'Mr Ed Thomas, DawEd Limited. Ms Marcia Klingaman, Neighborhood Sevices Co-Ordinator, City of Iowa City. Mrs Nancy Perkins, Walnut Ridge Neighborhood Association. We endorse the views of the Galway Hills Neighborhood Association. Members of Walnut Ridge Neighborhood Association. 29, Galway Circle, Iowa City, IA 52246-2766. April 20, 1995. The Mayor and Council Members, I wish to respond to the views of the Council expressed at the Council Meeting on April 9th with regards to the proposed preliminary plat for Galway Hills Subdivision- Part Two. Firstly, I was in appreciation of the efforts of Mr. Cahill and Mr. Thomas in consideration of the stand of Oak trees which has taken the form of re-positioning the road to take into consideration the critical root zone of the trees, implementing a protection plan for the trees to be submitted with the final plat and moving the public access to the pond to Lot 40 to increase the size of Lot 43. However, it appears that the stand of Oaks are already in jeapordy as 5 Of the 10 trees bare orange crosses, the presence of which have not yet been explained to any great satisfaction. I remain gravely concerned about the effect of building close to the trees, (should they make it to this stage) and am unconvinced that the trees will survive long-term post construction. It is also unclear as to how the Council will prevent the Lot owners from doing with the trees as they see fit and what penalties you propose to implement should the tree protection plan be ignored. The only way of absolutely assuring the long-term survival of this magnificent group of trees is to prevent construction in this area. As a neighborhood, we have suggested to the Council retaining this area as neighborhood open space. This does not seem to be a viable option. It appears that the land will have to be purchased to protect the trees, therefore, f request that the Council consider using Parkland Aquisition Funds to purchase the land. This area is contiguous with a natural pond which in complement with the trees support much wildlife. Such an area would be a huge asset to the neighborhood and in the long-term to Iowa City. Until the Council has in place an Tree Ordanance for just such a case as this, it surely has a responsibility to the Residents of Iowa City to protect environmentally sensitive areas while such legislation is in consideration. The pdce of land needs to be considered in terms of beauty and not only in dollars. Indeed, the Council could not afford to plant such trees in any neighborhood and by definition can not afford for such an area to be destroyed. I continue to have the support of Project Green and the Heritage Tree Project and other Neighborhood Associations, who urge me to take a stand against the destruction of these magnificent trees. Yours sincerely, ~ , Lorna Jane Warnock Ph.D. 29, Galway Circle, Iowa City, IA 52246-2766. The Mayor and Councilors, Cit~,'(~f Ib,~,~.'~ify April 23, 1995. Re: Preservation of trees at Galway Hills, Part 2 We were pleased at the interest shown by the City Council and the Planning and Zoning commission in the steps that could be taken to protect the fine stand of White Oaks on the east side of the proposed Donegal Place. The agreed bending of the road to the west as it passes the trees is a valuable step. Unfortunately, the revised plat submitted by the developers is otherwise unsuccessful in providing wor[hwhile protection to the Oaks, and in other respects is a poorer design than the original plat. 1. The considerable expansion of Lot 44 has not increased the north - south distance available for house building. Preservation of the trees on this lot would still require a modest square footage (unlikely on such a very large lot) and the goodwill and extreme care of the contractors and subsequent owners. 2. It remains impossible to build on Lot 43 without destroying the southernmost Oak, one of the largest specimens. 3. The new location of Lot 43 now straddles the existing east- west fence line. As the letter sent by the Galway Hills Neighborhood Association to the Commission on March 26 pointed out, this boundary is itself a line of substantial trees extending all the way to Highway 2'18 and is a dominant feature of the landscape when viewed from the south. The original plat entailed the preservation of these trees as they formed the boundary of the narrow access route from Donegal Place to the drainage pathway and on to the pond. 4. The relocation of the access route on the west side of Donegal Place to lie north of Lot 57 has no advantages over the first plat, and entails needless destruction of the existing line of trees which now bisect the lot, rather than being on its boundary. 5. The appealing "open space Iccp" around the outer perimeter of the lots forming Donegal Place (an obvious route for jogging, dog walking and strolling) is no longer continuous, but requires a connection to be made via two streets. These drawbacks are readily apparent on inspection of the attached copy of the revised plat, on which the boundary line trees have been added. The locations and sizes of these trees are conservative estimates, but are not drawn to represent an accurate survey. Confusion remains among Galway Hills residents about the meaning of the large red X on the trunks of five of the Oaks. The report of Iowa City Landscaping, commissioned by the developers (copy attached) indicates that only two of the trees are unlikely to survive. These are in the center of the group, and so even if lost, space for construction would not increase· The impartial opinion of the city Forester would be of great value in these discussions. We remain convinced that the only way to ensure the preservation of these ancient Oaks is to dedicate the land they stand on as open space. We offer two possible plat revisions which would preserve not only the Oaks but also the existing boundary line trees. Given the enhanced value of lots due to nearby trees and open space, this could be achieved at little or no net cost to the developers. Suggestion # 1 Gives up one lot (43) but provides for large and very desirable lots on either side. Lot 42 now adjoins the trees directly and so gains in value, as do lots 57 and 58 (adjacent to preserved boundary line trees) and lot 40 (larger). Suggestion # 2 retains the full number of lots while preserving the Oaks in open space and all the boundary line trees. Several lots are smaller as a result, but they remain comparable to others in the subdivision. If the developers cannot be convinced of the benefits to all parties of such a revision and the city government lacks either the will or the ability to enforce it, then we look to the council to consider using the Parkland Acquisition Fund to purchase the small area on which the Oaks sit, the low level of compensation reflecting the enhanced value to the developer of all the nearby lots. In summary, the revised plat may be well intentioned, but on detailed review is badly flawed and in several respects worse than the original proposal. We urge the council not to approve it, pending consideration of our alternative suggestions and a report from the city forester. Sincerely, Niall G Warnock Lorna Jane Wamock. Iowa City Landscaping 520 Hwy. 1 West Iowa City, IA 52246 (319) 337-8351 March 5. 1995 MMS Consultant Larry $chnittjer 1917 S Gilbe[t Street Iowa City, IA 52240 RE: White Oaks - Galway Hills Development Dear Larry, On March 4, I went out to Galway Hills and looked at the ten white oaks on this plot plan. Trees number three and number seven may not be able to be saved even if no development is done. Tree number three is completely rotten inside and half of the crown is dead. Tree number seven is leaning very badly and the west half of the tree is gone. VVhile the rest of the trees appear to be in vadous stages of decline, I think if they were fertilized and pruned they could possibly survive several more years. After looking at the plot plan I feel houses could be put on these lots without doing much damage to the these trees. if you have any questions, please give me a call at Iowa City Landscaping. l; RESOLUTION NO. 95-86 RESOLUTION APPROVING THE PRELINilNARY PLAT OF PELSANG PLACE, IOWA CITY, IOWA. WHEREAS, the owner, Irene Pelsang, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Pelsang Place; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 10WA CITY, IOWA THAT: 1. The preliminary plat of Pelsang Place, Iowa City, Iowa, is hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 25rh day of ^pr±l ,1995. CITY CLEIqK It was moved by Novirk and seconded by adopted, and upon roll call there were: Baker the Resolution be AYES: NAYS: ABSENT: X x x x x X X Baker Horowitz Kubby Lehman Noviok Pigott Throgmorton To: Planning & Zoning Commission Item: SUB95-0005; 114 S. First Avenue GENERAL INFORMATION: Applicant: Requested action: Purpose: Address: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: SPECIAL INFORMATION: Public utilities: STAFF REPORT Prepared by: Charles Denney Date: March 16, 1995 Irene Pelsang 2026 Glendale Rd. Iowa City, IA 52245 Phone: 337-9419 Approval of a preliminary plat To allow a three lot residential subdivi- sion 114 S. First Avenue Southeast quadrant of First Avenue and Washington Street 1 acre Undeveloped, RS-5 North - Residential RS-5 East- Residential RS-5 South - Residential RS-5 West- School, Public Residential, 2-8 dwelling units per acre Provisions of the RS-5 zone and the Subdivision Ordinance February 23, 1995 Apri110,1995 Adequate water and sewer service is available to the site. 2 Public services: City sanitation service, and municipal police and fire protection will be provid- ed. Transportation: Vehicular access is available via First Avenue and Washington Street. Transit service is available to this site. Physical characteristics: Gently sloping, clear land. BACKGROUND INFORMATION: The applicant, Irene Pelsang, is requesting preliminary plat approval of a three lot, residential subdivision on the subject property. The applicant purchased the property from the Iowa City Community School District in June 1986 as a memorial to her husband. Subsequently, the property was rezoned from P, Public, to RS-5, Low Density Single Family Residential. Zoning Chapter Compliance. The proposed subdivision appears to comply with the requirements of the RS-5 zone. The plat was designed to accommodate the 40 foot setback required along First Avenue, an arterial street. Subdivision Ordinance Compliance. The Pelsang Place subdivision is considered a minor subdivision, because of the small number of tots and there will be no street construction within the subdivision. The lots, as designed, will accommodate infilt residential development that is compatible with the surrounding residential development. Street Right-of-Way Dedication. The applicant is required to dedicate a 20.75 foot wide strip of right-of-way along First Avenue and a 10.05 foot wide strip of right-of-way along Washington Street. This right-of-way dedication will be adequate to meet vehicular traffic demands in the future for both the arterial street, First Avenue [85' right-of-way width] and the collector street, Washington Street [60' right-of-way width]. Stormwater Management. Stormwater management is required for residential subdivisions of two acres or larger. Because the proposed subdivision is only one acre in size, stormwater management is not required. Access. It is City policy, where possible, to limit direct access to arterial streets. To comply with this policy, the applicant has incorporated a note on the plat that states: "Lot 1 shall have vehicular access onto Washington Street only. Only Lot 3 will have direct access to First Avenue, an arterial street. Underground Storaqe Tanks. According to the Johnson County Health Department and the Iowa City Community School District, two underground 1,000 gallon fuel tanks were located on the southwest portion of the site. These tanks were used by the Iowa City Community School District when it owned the site. Before residential development is approved for the 3 site, the City should be assured that the tanks have been registered, and secured or removed in accordance with Iowa Department of Natural Resources (IDNR) regulations pertaining to underground storage tanks. Neighborhood Open Space. The amount of parkland dedication required for the one acre, RS~ 5 zoned Pelsang Place tract is .02 acres, or approximately 871 square feet. The Pelsang property is located at the west edge of the Pheasant HilI-Lemme neighborhood open space district, which has an open space deficit of approximately 7.61 acres. Due to the small size of the development and the amount of land required for dedication, the intent of the Neighborhood Open Space Article would be better served by requiring the payment of a fee in lieu of land dedication. The Parks and Recreation Department concurs with this assessment. Section 14-7D-4A of the City Code provides that the payment of fees in lieu of land dedication shall be reviewed and approved as part of the prelirninary subdivision plat. Section 14-7D-4E states that the amount of the fee shall be equal to the fair market value of the land that otherwise would have been required for dedication. An appraisal agreed to by the City and the subdivider will be needed to determine the fee prior to Council action on the preliminary plat. If the assessed value can be used as an indication of what the appraised value will be, the fee would be approximately 9762.00. [$38,100 (assessed value of one acre property) x .02 (amount of land in acres required for dedication) = 9762.00 (fee in lieu of land dedication). STAFF RECOMMENDATION: Staff recommends that SUB95-0005, the preliminary plat of Pelsang Place, be approved subject to resolution of all deficiencies and discrepancies listed at the end of this report prior to Council consideration of the plat. DEFICIENCIES AND DISCREPANCIES: A revised plat was submitted on March 9, 1995. Staff has not been able to thoroughly review the revised plat and there may be additional deficiencies and discrepancies. The applicant should submit verification from the Iowa Department of Natural Resources (IDNR) that the underground storage tanks on the site have been dealt with in accordance with the IDNR underground storage tank program regulations. The neighborhood open space fee should be determined prior to Council consideration of the preliminary plat. ppdadmin\str rep\S UB0005.CD Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development LOCAT!~N MAP SUB95 0005 .( PELSANG PLACE CNI2O - R$5 ~ RM 20 SCHOOL I P HOOVER SC~00L HILL ROAD ],. ~1111111 II/11111111 COUR1 , A T City of Iowa City MEMORANDUM Date: March 16, 1995 To; From: Planning and Zoning Commission Charles Denn~y,~sssociate Planner Re: SUB95-0005; Pelsang Place Regarding the issue of whether underground gasoline storage tanks remain on the site, I contacted the Iowa Department of Natural Resources (IDNR) to determine if they had any record of the tanks. IDNR records showed that there were two tanks remaining on the site. I than spoke with the property owner, who indicated the tanks were removed in 1990. I contacted the contractor who removed the tanks, who said the tanks had been removed and soil tests were done to determine if any soil contamination was present. The soil test results were negative and the necessary forms were submitted to the IDNR. I then called IDNR and informed them of the situation. IDNR is contacting the contractor to get a copy of the records regarding removal of the tanks, All indications are that the tanks have been removed and that no residual chemicals remain in the soil. All other technical deficiencies and discrepancies with the plat have been resolved. If the Commission is satisfied with the method for calculation of the neighborhood open space fee, staff continues to recommend that the preliminary plat of Pelsang Place be approved. b~ubO005 TERRY E. BRANSTAD. GOVERNOR DEPARTMENT OF NATURAL RESOURCES LARRY J. WILSON, D~R£CTOR 13 April 1995 Mr. Charles Denney 410 E. Wasl~b~on Iowa City, IA 52240 SUBJECT: Analytical results from underground storage tank removal Acreage, Washington Street and First Avenue, Iowa City Registration No. 9017161 Dear Mr. Denney: This department has received the soil analytical results pursuant to the permanent closure of two underground storage tanks containing petroleum products located as referenced above. Based upon the report dated 10/2/91, no further action is required at this time. We will now update our files to indicate the underground tanks have been removed from this location. Please contact me at 515/281-8879, if you have any questions regarding this matter. Sincerely, TOM COLLINS ENVIRONMENTAL SPECIALIST UNDERGROUND STORAGE TAN[( SECTION cc: FO 6 Irene Pelsang, 2026 Glendale Rd., Iowa City, IA 52240 9017161.nfa/ust5cd WALLACE STATE OFFICE BUILOING / DES MOINES, IOWA 50319 / 515-281-5145 /TOD 515-242-5967 / FAX 51 5-281-8895 RESOLUTION NO. 95-87 RESOLUTION AUTHORIZING APPLICATIONS FOR 46 UNITS OF SECTION 8 CERTIFICATES AND VOUCHERS, AND 9 PORTABILITY VOUCHERS AND CERTIFICATES, WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development has published a Notice of Fund Availability for Certificates and Vouchers; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer a Certificate, Voucher, and Public Housing Program and wishes to provide assistance to padicipants in housing assistance programs to become economically independent; and WHEREAS, the application is consistent with the CHAS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said application to the Department of Housing and Urban Development for Section 8 Certificates and Vouchers, That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 25th day of ^prJl , 1995. MAYOR It was moved by PiRott and seconded by be adopted, and upon roll call there were: Baker the Resolution AYES: NAYS: ABSENT: x x x x x Y x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-88 RESOLUTION OF COMPLIANCE WITH SECTION 403A.5, CODE OF IOWA, IN CONJUNCTION WITH APPLICATIONS FOR SECTION 8 UNITS. WHEREAS, the City of Iowa City is making application for funding of additional rent assistance under the Section 8 Existing Housing Program through the Department of Housing and Urban Development; and WHEREAS, Section 403A.5, Iowa Code, provides: "A municipality or a 'Municipal Housing Agency' may not proceed with a housing project until a study or a report and recommendation on housing available within the community is made public by the municipality or agency and is included in its recommendations for a housing project. Recommenda- tions must receive majority approval from the local governing body before proceeding on the housing project."; and WHEREAS, Section 213(c) of the Housing and Community Development Act of 1974 states, in part, that the City Council must determine whether there is a need for such housing assistance, taking into consideration any applicable State or area-wide housing assistance plan as well as generally available data with respect to population, poverty, housing overcrowding, housing vacancies and substandard housing. An application may be approved only if the City Council's determination is affirmative; and WHEREAS, the application is consistent with the previously approved CHAS. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF IOWA CITY, IOWA determines there is a need for such additional assistance; is aware of the project and the study or report on available housing that is required by said statute; majority approval of the proposed project within its jurisdiction is hereby granted. This resolution shall serve as the City of Iowa City's final notice to the Department of Housing & Urban Development of such approval. No additional comment shall be provided by the City of Iowa City. Passed and approved this ?Srh day of April , 1995. ATTEST: CITY CLERK hisasst\secSappLres Appr ed by ~ Resolution No. 95-88 Racje 2 It was moved by Kubby and seconded by be adopted. and upon roll call there were: Thro~,~Or~on the Resolution AYES: NAYS: ABSENT: x x x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-89 RESOLUTION ADOPTING IOWA CITY'S CONSOLIDATED PLAN, KNOWN AS CITY STEPS, FOR FY1996-FY2000, AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPA RTrvIENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit a Consolidated Plan known as CITY STEPS to plan for the coordinated use of federal, state, and local funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has held a series of public meetings on the needs of low income residents; and WHEREAS, the City has disseminated information, received public input and held two public hearings on the Consolidated Plan; and WHEREAS, the Consolidated Plan outlines a five-year strategy and a one-year action plan to address the City's goals for housing, jobs, and services; and WHEREAS, the action plan does not include the CDBG allocation for HACAP so as to avoid a council member's potential conflict of interest; and WHEREAS, adoption of the Plan will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Consolidated Plan and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City Consolidated Plan for FY1996-FY2000, filed in the office of the City Clerk, be and the same is hereby approved and adopted. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Consolidated Plan for FY1996-FY2000 to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. The City Manager is hereby designated Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the City of Iowa City Consolidat- ed Plan FY1996-FY2000. Resolution No. 95-89 Page 2 Passed and approved this 25th day of April , 1995. ATTEST: ,~_~..~.~ CITY CLERK ~ity At o~)ney's Office It was moved by Nov~ck and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x X X Throgmorton the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Other homebuyers come from the West or East coasts, where they sold their homes and need to reinvest that money to avoid tax liabilities. Still others are families already established in the community move up to alarger home. Another trend is parents of college students are buying homes (often condominiums) for one or more oftheir children to live in while attendingthe University. Despite continuous construction of single-family homes and rental units, there continues to be a need for lower-cost units for both markets. The demand for both rental and owner-occupied housing has driven up the cost significantly over the last few years. Information from many sources suggest that the cost of owner-occu- pied units has increased at nearly the same rate as rental units. According to local landlords, the new water and sewer rates may have an effect on rental rates, possibly increasing rents by $10-$20/per month. 3. Condition of the Housing Stock Housingconditionsthroughoutthecommunityaregenerallygood to excellent. Therearefew"pockets" where the housing is in extreme disrepair or blighted. In 1982, the City designated five neighborhood improvement areas generally in the older parts of the community, and there has been a concentrated effort to upgrade and maintain the housing stock in those areas. Iowa City has been growing rapidly. There are several areas of new housing construction (west of Momon Trek Boulevard, south of Highway 6 east of the Iowa river, and on the east side of town in the Scott Boulevard area). Housing conditions in these sections of town are excellent and are integrated well into the existing neighborhoods. Approximately 200 new single-family and 250 rental units were permitted for construction within the last year. Overall, the housing conditions of both rental units and owner-occupied units is very good. There are a few sites scattered throughout the community that need attention, most being fakly isolated. As stated above, the City has an active housing rehabilitation programs that helps maintain the existing housing stock and prevent areas from becoming blighted. An effective rental housing inspection program helps to maintain the rental housing stock. ~L_.__l~drmg Permtls and Value of New Con~mclloll The new housing market in Iowa City has been increasing; since 1983 there have been 1,525 permits issued for new single-family homes. Table III.2 shows the total number of new single-family homes that have been constructed in Johnson County from 1983 through 1993. The building trend has continued this year with 131 single-fmnily dwelling unit permits issued by Iowa City in the first half of 1994. RESOLUTION NO. 95-90 RESOLUTION ADOPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR THE HAWKEYE AREA COIVIMUNITY ACTION PROGRAM (HACAP) WITHIN THE ACTION PLAN OF THE IOWA CITY CONSOLIDATED PLAN FOR FY1996-FY2000. WHEREAS, resolution 9s-90 adopts the Consolidated Plan for FY1996-FY2000 with the exception of the Community Development Block Grant allocation for the Hawkeye Area Community Action Program (HACAP) which is part of the one-year action plan; and WHEREAS, the City Council finds that the adoption of said CDBG allocation to HACAP is an essential part of the one-year action plan. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The City of Iowa City hereby adopts the CDBG funding for HACAP as part of the one-year action plan of the Consolidated Plan. Passed and approved this 25th day of ^pr1]. ,1995. ATTEST: ,/~~ CITY-CLERK Appro ~y It was moved by Pigott and seconded by adopted, and upon roll call there were: AYES: NAYS: X X ppdcdbg~hacep.ms Baker ABSENT: the Resolution be ABSTAIN: Baker Horowitz · Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-91 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1995 ASPHALT RESURFAClNG PROJECT, ESTABLISHING AMOUNT OF 81D SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 1 0% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 16th day of May, 1995. Thereafter bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 23rd day of May, 1995, or at such later time and place as may then be fixed. Passed and approved this 25t:h day of ^prJ.]. ,1995. ATTEST: CITY-CLERK Qity Attorney s Office .<//_.~_ ?~.~ Resolution No, q%-ql Page, 2 It was moved by Throgmorton and seconded by be adopted, and upon roll call there were: AYES: NAYS: X X --X X Novick ABSENT: the Resolution Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-92 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE IVIAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY ENGINEERS AND ARCHITECTS, INC., TO PROVIDE ENGINEERING CONSULTANT SERVICES TO RECONSTRUCT A PORTION OF IV]ELROSE AVENUE BETWEEN WEST HIGH SCHOOL AND HIGHWAY 218. WHEREAS, the City of Iowa City desires to reconstruct a portion of Melrose Avenue between West High School and Highway 218; and WHEREAS, the City of Iowa City desires to contract for the design of pavement, sidewalk and storm sewers; construction inspection services; project administration; adjacent property owner liaison services; and other special services; and WHEREAS, an Agreement for professional engineering services has been negotiated with Shive-Hattery Engineers and Architects, Inc. of Iowa City, Iowa; and WHEREAS, it is in the public interest to enter into said Consultant's Agreement with Shive- Hattery Engineers and Architects, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this 25th day of ^pril , 1995. ATTEST: ~ CITY'CLERK ppweng\me[rose,res Approved by ~ity Attorney s Office CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 2_~ day of ~'Pe~L IC/O.~ by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and $hive-Hattery Enqineers And Architects, inc., of Iowa City, hereinafter referred to as the Consultant. WHEREAS, The City of Iowa City desires to reconstruct Melrose Avenue from Hawkeye Drive (West High School entrance) to Highway 218 into a new four-lane roadway with a landscaped median (approximately 3,000 feet long). Intersection and signalization improvements at the MelroseNVest High intersection are also included in this project. NOW THEREFORE, it is agreed by and between the padies hereto that the City does now contract with the Consultant to provide services as set forth herein. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. All phases of services will include the necessary work for compliance with Surface Transportation Program requirements relative to federal aid funding of construction. DESIGN DEVELOPUENT PHASE A. Design Surveys The City will provide the Consultant an aerial topographic survey of the project area (in AutoCad format). The Consultant shall perform additional surveys as necessary to verify, update and supplement the information provided by the City for final design. B. Soils Investigation The Consultant shall acquire the services of a geotechnical subconsultant to perform soil borings along the proposed profile of the new roadway. A soils report shall be prepared and include such information as soil classification, blows per foot, soil moisture content, dry density, and unconfined compresslye strength. C. Base Map Preparation Base maps to facilitate the roadway design will be prepared from the topographic survey information. The maps will be prepared along the proposed alignment and will include existing topograph features, right-of-way lines, buried utilities, and above ground surface features affected by the proposed construction. 195136..4) -1- Schematic Design Review available construction record drawings and visually evaluate conditions at the site relative to proposed roadway improvements. Meet with appropriate City of Iowa City staff representatives to obtain information establishing initial design constraints for the proposed roadways. Conduct a meeting with major users of Melrose Avenue (ie., school district, landfill haulers, University of Iowa Hospitals and Clinics, etc.), area residents and utilities to solicit their input about the project. 4. Meet with City representatives to finalize design criteria for the project. Develop schematic design layouts of proposed roadway and preliminary cost opinions. Present and review alternative layouts and cost opinions with appropriate City representatives to facilitate selection of desired design concepts relative to preserving trees. Prepare preliminary construction phasing plan and schedule to allow coordination with site development, utility, construction, projects, and resident access to the area. Submit final schematic design, project concept statement, and preliminary opinion of project costs for the City and Iowa DOT approval. Preliminary Design Coordinate with the Iowa DOT archeological and/or environmental survey of the project site. Survey will be completed by consultant staff and specialty subconsultant. Based on an approved schematic design concept plan, prepare geometric layout plan of proposed roadways. Prepare horizontal and vertical alignments to be used as the basis for final design. Identify final design constraints for phased construction and review construction phasing plan as necessary to coordinate with public access, site development and utility construction projects in the area. Develop a preliminary traffic control plan consistent with the proposed construction schedules. 195136-0 -2~ Prepare anticipated madway project schedules, opinions of probable construction costs, and a preliminary project description for each project phase. 4 Prepare and submit required initial submittals to the City of Iowa City and the Iowa DOT. Identify apparent utility conflicts and required utility relocations to accommodate proposed roadway improvements. Evaluate impact of fill on existing sanitary sewers. Meet with City representatives to review preliminary project design and obtain review comments. RIGHT-OF-WAY SERVICES Consultant will obtain copies of deeds for the owners of property abutting areas of new construction and reconstruction. Consultant will prepare a right-of-way display and easement documents for parcels of land for permanent and temporary easements required for construction. Consultant will prepare survey plats of all parcels of properly to be acquired by the City. Certified abstracting of title, title opinion, appraisals, and right-of-way negotiation may be provided as additional services. CONSTRUCTION DOCUrviENT PHASE A. Final Design Determine the final pavement structures including type, thickness of surfacing, Sub-base design, shoulder design, sub-drainage design, typical joint designs, and other pavement details. B. Typical Pavement Sections The final design typical pavement sections will be developed for the various segments of the project. These sections will show the pavement section, sub-grade requirements, grading requirements, and pavement border design. C. Final Plan and Profiles The final design and drafting of the roadway plan and profiles will be prepared on base maps developed for the project. This will include all detailed information required by the Iowa BOT and shall be in accordance with the road design standards of the Iowa DOT. 195136-0 -3- Final Design Cross-Sections Prepare the final design of the individual cross-sections for the project. Cross- sections will be developed at a minimum of 50-foot intervals with additional cross-sections included as necessary. Cross-sections will show the existing ground as well as final grading, foreslopes, backslopes, special sub-grade treatment, and other pedinent information. Final Design Plans Layout plans and appropriate detailed design drawings showing the project and component pads shall consist of plans, elevations, sections, and other drawings, except structural metal work shop drawings, necessary for bidding and construction purposes. All original drawings will be prepared on 22- by 34-inch sheets and shall be ink on mylar. Final design and drafting of roadway plans and profile sheets will include complete detailed information for location of existing utilities based on topographic survey information, typical cross-sections, and individual cross-sections. Final Storm Drainage Design Final design and drafting of the storm sewer system, storm sewer inlets, manholes, culveds, ditches, and other storm drainage appudenances on the project will be developed. The design of the storm sewer systems will be based on current Iowa DOT accepted standards and proposed iowa City design standards. Erosion Control Final design and drafting of temporary and permanent erosion control measures to be provided on the project during construction will be completed. Traffic Control and Staging Prepare a construction staging plan for the construction of the project. Develop a construction schedule and prepare a vehicular and pedestrian traffic control and signing plan to be implemented during each phase of construction. The plan shall conform to the current Iowa DOT specifications and the "Manual on Uniform Traffic Control Devices." Street Lighting Design Street lighting design will be completed in accordance with current City standards. Lighting design will include determination of street light locations, connections to electrical supply source, routings of proposed electrical conduits, and required electrical details to facilitate construction. Design will evaluate use of existing fixtures east of the project area. 195136-0 Traffic Signal Design Permanent traffic signals design will be completed for the utilization of Melrose Avenue and Hawkeye Drive (West High School entrance). Design will incorporate City of Iowa City standard traffic equipment. Signing and Pavement Markings Complete the final design and drafting of roadway signing and pavement markings which are to be a permanent part of the project. Landscape and Final Grading Design Landscape design shall consist of plantings within the right-of-way and incidental structures such as retaining walls that may be needed to save existing desirable vegetation. Watermain Relocation Watermain plans and specifications shall be prepared to relocate an existing watermain within the proposed grading limits of the project. Review options for relocation with City staff. Final Design of Incidental Components All other design work such as sidewalk design, incidental structures, etc. not stated herein necessary to construct a final completed project shall be the responsibility of the Consultant and no additional compensation shall be provided. Specifications The Iowa DOT standard specifications for highway and bridge construction will be utilized as the technical specifications for the project. The Iowa DOT standard contract documents will also be utilized for this project. Supplemental specifications and special provisions required by the project will be prepared and incorporated with the standard documents. Final Quantities The final bid quantities will be determined and included with the project specifications bidding form. Final Cost Estimate Following completion of the final design, an opinion of probable construction costs based on the final design will be prepared. 195136-0 -5- R. Submittals, Reviews, and Revisions Submit plans to the City of Iowa City and Iowa DOT, approximately 40 percent complete, to facilitate required ¢-~e'l Cxamination. Participate in field examination and review results offie]d~xamination with the City and Iowa DOT. When final design plans are approximately 90 percent complete, they will be submitted to the City and Iowa DOT for review. Comments and revisions resulting from this review will be incorporated into the final plans prior to their completion. S. Final Plan and Specification Submittal Submit final plans, specifications, contract documents, and opinions of probable construction costs to the City and Iowa DOT for final approvals. T. Assemble Plan Documents Following final plan revisions, assemble title sheet, project quantities and reference sheet, location plan, roadway detail sheets, grading plan and profile sheets, typical section and tabulation sheets, and cross-section sheets. BIDDING PHASE Provide reproducible drawings to the Iowa DOT for utilization in their bidding procedure. The consultant shall respond to questions and attend pre-bid conference (as required). B. Distribute prebid notice at least 30 days prior to bid date. CONSTRUCTION PHASE A. Preconstruction Conference Schedule and conduct a preconstruction conference with the City, Iowa DOT, utilities, and the contractors. Appropriate City representatives involved with the project will also be included. Preconstruction conference minutes will be recorded & distributed to all attendees by the consultant. Maintain "Construction News" Bulletin Board and update information weekly when construction activity is active. Conduct meeting with area residents and Melrose Avenue users to inform them of the construction schedule and how the construction activities will affect their access. 195136..0 D. Construction Administration Service Process required change orders, pay estimates, shop drawings, progress reports, and Iowa DOT testing repods in a timely manner. Provide copies of all testing reports to the City and Iowa DOT per Iowa DOT requirements. Conduct weekly progress meetings. E. Construction Observation Provide full-time resident observation of the contractor's workmanship and materials to review its compliance with the project plans and specifications. F. Material Testing Perform required material sampling and testing (such as soil compaction tests, concrete testing, material gradation, etc.) during construction. Prepare reports in a timely manner. POST-CONSTRUCTiON SERVICES A. Construction Record Drawings Prepare construction record drawings of the project and provide one (1) reproducible set of construction record drawings to the City of Iowa City. B. Project Close. out Conduct pre-final and final inspections of the project. Collect and process contractors close-out documents and recommend acceptance to the City upon completion of the project. TIME AND COMPLETION INFORMATION PHASE START COMPLETE Design Development Property Acquisition Construction Documents Bidding Construction Construction Staking Post-construction April, 1995 September t, 1995 July 1, 1995 December 1, 1995 September 1, 1995 November 21, 1995 January 15, 1996February 15, 1996 May, 1996 September, 1996 May, 1996 September, 1996 September, 1996 October, 1996 195136-0 -7- COMPENSATION FOR SERVICES The consultant shall be compensated for the above scope of work utilizing lump sum fees for work that is well defined and on a time and expense basis for tasks where the level of effort is beyond the control of the consultant. The fees and budgets for time and expense scope of work items are summarized below: A. Lump Sum Fee Schedule Design Development Construction Document Bidding Post-construction $59,000.00 40,000.00 8,000.00 5,000.00 Subtotal $112,000.00 B. Hourly Plus Expense Budgets Environmental/Archeological Studies Right-of-Way Acquisition Plat & Easements Legal Services for Properly Acquisition Construction Phase Services $5,000.00 15,000.00 20,000.00 100,000.00 Subtotal $140,000.00 Total compensation for services under this contract may approach $252,000. At the City's request, the hourly plus expense budgets can be negotiated to lump sum fees after the project is more clearly defined and the contractor's schedule is presented. GENERAL TERMS The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum," or not-to-exceed amounts listed here'in. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. 195136-0 -8- This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is furlher agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with the Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. 195136-0 -9- Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. MISCELLANEOUS The City of Iowa City will provide Shive-Hattery the below listed suppod or information: 1. Review of submitted documents in a timely basis. 2. Topographic mapping of any areas available. Title: Date: ATTEST: FOR THE CITY Mayor April 25, 1995 FOR THE CO~LTANT Title: LarryyM°v~e Pre~:e~:'E' 195136-0 ~10- RESOLUTION NO. 95-93 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CiTY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE NORTH SUiVIIVIIT ALLEY EMBANKiV1ENT IMPROVEiVIENT PROJECT. WHEREAS, Kingiron Construction Co. of Iowa City, Iowa has submitted the lowest responsible bid of ~ 14,762.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 10WA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Kingiron Construction Co. of Iowa City, Iowa subject to the condition that awardee secure adequate performance bond, insurance certificate, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 25Lb day of ^pril , 1995. CIT~ CLERK Approved by /I, City Attorney's Office It was moved by Nov±ck and seconded by adopted, and upon roll call there were: AYES: NAYS: X x x x x x Pigott ABSENT: the Resolution be Baker Horowitz __ Kubby Lehman Novick __ Pigott __ Throgmorton ADVERTISEMENT FOR BIDS NORTH SUMMIT ALLEY EMBANKMENT IMPROVEMENT PROJECT Sealed proposals will be received by lhe City Clerk ol the City of Iowa City, Iowa, until 10:00 A.M. on the 18th day of April, 1995, and shall be received in the City Clerk's office no later than said daie and lime. Sealed proposals will be opened immediately thereafter by the City Engi- neer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on Apdl 25, 1995, or at such later time and place as may then be sched- uled. The Project will involve the following: Regrading approximately 500 c.y. of fill mate- rial to a more stable slope condition and planting trees along the top of the slope. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineering Division, Iowa City, Iowa, which have heretofore been approved by the City Council, and am on file for public examination in tile Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the Stale ol Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a conlract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful pedormance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest ~wo or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contracl is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and repoded to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hun- dred percent (100%) of the contract pdce, said bond to be issued by a responsible surety ap- proved by the City Council, and shaft guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from AF-1 all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the mainte- nance of the improvement fora pedod of one (1) year from and after its completion and formal acceptance by the City. The following limitalions shall apply to this Project: Working Days: 15 Completion Date: May 19, 1995 Liquidated Damages: $100 per day The plans, specifications and proposed con- tract documents may be examined at lhe office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of Richard A. Fosse, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. No charge is required for each set of plans and specifications provided to bidders or other inter- ested persons. Prospective bidders are advised lhat the City of Iowa City desires to employ minodty contractors and subcontractors on City projects, Bidders shall list on the Form of Proposal the names of persons, firms, companies or other padies with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available at the City, and can be obtained from the Civil Rights Specialist at the Iowa City Civic Center by calling 319/356-5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re4 quired under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1991), applies to the contract with respect to bidders who are not Iowa residents, The City reserves the dght to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 RESOLUTION NO. 95-94 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AMENDMENT NUMBER 1 TO THE AGREEMENT DATED NOVEMBER 23, 1993, BETWEEN HOWARD R. GREEN COIVIPANY AND THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES FOR IMPROVEMENTS TO THE IOWA CITY WATER SUPPLY AND TREATMENT FACILITIES. WHEREAS, the City of Iowa City has previously entered into an agreement with Howard R. Green Company dated November 23, 1993, for professional engineering services in connection with the design of the Iowa City water supply and treatment facilities for the City; and WHEREAS, the City wishes to amend said agreement by adding services to incorporate certain value engineering recommendations; and WHEREAS, the City has negotiated an Amendment Number 1 to the November 23, 1993, agreement with Howard R. Green Company for the above-mentioned water facility improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to enter into Amendment Number 1 amending the consulting services agreement dated November 23, 1993, in order to incorporate certain value engineering recommendations. The Consultant Agreement between the City of Iowa City and Howard R. Green Company is hereby approved as to form and content. The Mayor and City Clerk are hereby authorized to execute the Agreement, which is attached hereto and incorporated by reference herein. Passed and approved this 25th day of ^prJ! ,1995. CITY'CLERK Approved bye. Of fice -~..~. f,5-- Reeolutlon No. 95-94 Page 2___ It was moved by B~ker and seconded by adopted, and upon rol~ call there were: Novick the Resolution he · AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT WATER FACILITY IMPROVEMENTS This Amendment made and entered into this z.~ '~ day of b,~.~.~ ,1995, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City", and Howard R. Green Company, Consulting Engineers of Cedar Rapids, Iowa, hereinafter referred to as "Consultant". WHEREAS, the City has previously entered into an agreement with the Consultant, dated November 23, 1993, for professional engineering services in connection with the design of Water Facility Improvements for the City; and WHEREAS, the City wishes to amend said Agreement by adding services to incorporate certain Value Engineering recommendations; and WHEREAS, the Consultant agrees to provide said additional services as defined herein. NOW, THEREFORE, THE CITY AND CONSULTANT DO HEREBY AGREED TO AMEND SAID AGREEMENT TO REFLECT THE FOLLOWING: Scope of Services The following Scope of Services include those work tasks that will be completed in accordance with the Value Engineering performed for the Design Outline of the Water Supply and Treatment Improvements Project. 1. Provide redesign evaluation of the following items: Redesign access roads to water treatment plant. Revised design will contain two entrances instead of the original three. A separate entrance primarily for truck traffic (bulk chemical delivery and sludge trucks) will be provided. An access road to the north Silurian and collector wells will be redesigned utilizing the bike trail as much as possible. O:~ROJ~513010J9~AMEND1.H20 -1- The width of the lagoon berms will be redesigned. Only the end berm (south) and the center berm will remain at a 20 foot width. A ten foot berm (top width) will be designed for the remainder of the berms. The exterior embankment slopes of the lagoon cells will remain 4:1. Reduce riprap quantities on internal lagoon embankments. Lagoons will be moved in order to accommodate lowering of the water treatment plant elevation and maximizing cut and fill balancing. The lagoon cells will each have the same water elevations. Lower plant site grades around the water treatment plant building to about 714 MSL. Locate fire main and hydrants in accordance with the new access road layout. Reverse traffic pattern in the parking garage and redesign parking spaces. Reduce site fencing to only that along Dubuque Street. Delete lagoon and sand pit fencing. Re-evaluate Rel~la~,e the treatment plant brick veneer with pre-cast sandwich panels. Full hydraulic analysis to reduce overall water plant headloss will be completed. This will lower water surfaces in the treatment processes and may allow the roof elevation to be lowered. Reduce filter depth in accordance with overall plant hydraulics. Evaluate locating aerator through roof. Evaluate structural items such as second floor overhang and structural mullions to south windows. Redesign clarifier walls in accordance with VE recommendations. Redesign base slab and reduce footing projections. O:~PROJ~I3010J9VWiEND1.H20 -2- F= The width of the lagoon berms will be redesigned. Only the e~ ~and the center berm will remain at a 20 foot depth. A ten width) will be designed for the remainder of the berms. ankment slopes of the lagoon ceils will remain 4:1. berm exterior · iprap quantities on internal lagoon embankmer Lagoons cells be moved in order to accommodate and maximizing cut and f ave the same water elevations. g of the water g. The lagoon Lower plant site 714 MSL. 3und the water 1 )lant building to about Locate fire main in layout. with the new access road Reverse traffic pattern in e and redesign parking spaces. Reduce site fencing to only th~ dong Dubuque Street. Delete lagoon and sand pit fencing. Replace the treatment plan with pre-cast sandwich panels. Full hydraulic analysisreduce completed. This will water sur may allow the roof ~ to be I( water plant headloss will be in the treatment processes and Reduce filter dept accordance II plant hydraulics. Evaluate Iocati aerator through roof. Evaluate mullion= items such as second fioo windows. g and structural Redes cladtier walls in accordance with VE Re, in base slab and reduce footing projections. endations. -2- 3 4. 5. Qo Size rectangular CT basin with increased baffling to maximize plug flow and reduce tank size. Design rectangular CT and finish water storage basins will be integral to the treatment plant and have common wall construction. R. Delete the ammonia system and chlorine dioxide system. Evaluate hydropneumatic surge tanks in place of surge relief valves on finished water pumps. U. V. W. X. Y. Replace ductile iron pipe tank drain lines with reinforced concrete pipe. Delete snow melt system. Redesign plant lighting system. Reduce SCADA views and delete unnecessary annunciators. Evaluate the substitution of ultrasonic meters for proposed mag meters. Evaluate submersible well pumps in place of the proposed vertical turbines and use propeller meters at the wells. Reroute 30-incl~ well field main and evaluate the use of a single casing for the water main crossings under Interstate 80. Provide Opinion of Probable Cost for each alternative item in No. 1 above. Attend and participate in public meeting in Iowa City on March 29, 1995. Revise Design Outline to reflect reevaluation and redesign of items in No. 1 above. Conduct interim and final meeting with Owner to discuss Value Engineering Redesign. Provide eight (8) bound copies of the final Design Outline to the Owner. O:~PROJ~513010J9~MENDI.H20 -3- Schedule All work items called for in this Amendment shall be completed by April 28, 1995. Compensation The City agrees to pay the Consultant for the work items stated in the Scope of Services a lump sum of $42,500.00 upon completion of the work. Other Provisions of Main Agreement Still in Effect The GENERAL TERMS and MISCELLANEOUS provisions of the Agreement between City and Consultant and executed on November 23, 1993, shall remain in full force and effect. FOR THE CiTY OF IOWA CITY, IOWA FOR THE CONSULTANT HOWARD R. GREEN COMPANY ~layor Ralp~h~J. u~~,P,~. President Clerk Date: R. Dan Lovett, P.E., Vice President Date: ~ {'~, [~d~' Approved by O:~PROJL513010Jg~AMENDI.H20 -4- RESOLUTION NO. 95-95 RESOLUTION AWARDING CONTRACT AND AUTHORIZING IV1AYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF A PUNIP TEST/PRODUCTION WELL, A PRODUCTION WELL AND OBSERVATION WELLS IN THE SILURIAN AQUIFER AT THE WATER FACILITY SITE, WHEREAS, Aquadrill Inc. of Coralville, Iowa has submitted the lowest responsible bid of $186,961.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, 10WA, THAT: The contract for the construction of the above-named project is hereby awarded to Aquadrill Inc. of Coralville, Iowa subject to the condition that awardee secure adequate performance bond, insurance certificate, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 25th day of April , 1995. CITY'~LERK Approved b~L , I y orney s Office It was moved by L~hm~n and seconded by ~ovfck adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X x x the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ADVERTISEMENT FOR BIDS WATER SYSTEM IMPROVEMENTS SILURIAN WELLS AND OBSERVATION WELLS IOWA CITY, IOWA 1995 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 18th day of April, 1995, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the Public Works Director. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on April 25, 1995, or at such later time and place as may then be scheduled. The Project will involve the following: Construction of two Silurian water production wells, construction of ten (10) observation wells, and test pumping. The Silurian well construction generally includes drilling an 18-inch diameter upper borehole, an 11½-inch diameter lower borehole, furnishing and installing a 12-inch diameter steel casing and other appurtenances, together with related subsidiary and incidental work. The observation well construction generally includes drilling an 8- inch diameter upper borehole, a 3Y~-inch diameter lower borehole, furnishing and installing a 4-inch PVC casing and other appurtenances, together with related subsidiary and incidental work. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 4250 Glass Road N.E., P.O. Box 9009, Cedar Rapids, Iowa 52409-9009, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 5% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 105 Completion Date: August 8, 1995 Liquidated Damages: ,~200.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of Howard R. Green Company, Consulting Engineers, 4250 Glass Road N.E., P.O. Box 9009, Cedar Rapids, Iowa 52409-9009, by bona fide bidders. A $50.00 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Howard R. Green Company. A refund of 825.00 per set will be given upon return of said plans and specifications in good and usable condition within 10 days after the receiving of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount{s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available at the City, and can be obtained from the Civil Rights Specialist at the Iowa City Civic Center by calling 319-356-5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1991), applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reiect any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK RESOLUTION NO. 95-96 RESOLUTION AIVIENDING THE CONFIDENTIAL/ADIVIINISTRATIVE CLASSIFICA- TION/COIV]PENSATION PLANS FOR FY95 AND FY96. WHEREAS, Resolution No. 94-149, adopted by the City Council on May 10, 1994, established a classification/compensation plan for Confidential/Administrative employees; and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibili- ties performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Confidential/Administrative classification/compensation plan be amended by: The reclassification of the position of Animal Control Supervisor from grade 26 to grade 27; and The reclassification of the position of Systems Analyst, grade 26, to the position of Sr. Information Services Coordinator, grade 28; and The reclassification of the position of Data Processing Manager, grade 28 to the position of Information Services Coordinator, grade 27. Passed and approved this 25th day of April , 1995. CITY'CLERK MAYOR It was moved by _ Roviek and seconded by adopted, and upon roll call there were: Pigott the Resolution be AYES: X x x x x x NAYS: ABSENT: Baker Horowitz .. X Kubby Lehman Novick Pigott Throgmorton 13o0 RESOLUTION NO. 95-97 RESOLUTION RATIFYING THE SETTLEIViENT OF PENDING CLAIIVl. WHEREAS, Iowa State Bank & Trust Company filed a claim with the City of Iowa City with regard to damages sustained on February 15, 1994, due to the rupture of a city water main; and WHEREAS, all parties in this matter have settled their differences, and wish to resolve the claim without litigation; and WHEREAS, the City Council authorized the City Attorney to enter into a settlement agreement with Iowa State Bank & Trust Company, as in the best interest of the City and the parties involved; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Iowa State Bank & Trust Company in the amount of t~l 19,565.71 in full satisfaction of any and all claims it may have against the City in the above matter, in consideration for Iowa State Bank's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The above-named claim should be and is hereby settled, and said settlement previously discussed in executive session, is hereby ratified, for the total sum of $119,565.71, payable to Iowa State Bank & Trust Company and its attorney of record, in full satisfaction of any and all claims. City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon Iowa State Bank's execution of an appropriate release. Passed and approved this 25th day of April ,1995. CITY'CLERK /cadata/legelhsb&t ~AYOR Resolution No. 95-97 Page 2 It was moved by Novick and seconded by be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: the Resolution Baker Horowitz Kubb¥ Lehman Novick · Pigott Throgmorton